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Statement from the Independent Assessor Kathleen Florian – Toowoomba councillor decision

29 August 2019

A Toowoomba Regional councillor has been found not to have engaged in misconduct by failing to declare a conflict of interest while voting to extend a Toowoomba CBD Development Incentive Policy.

The Councillor owned a quarter-share of a property, through a self-managed superannuation fund, in the Toowoomba CBD Development Incentive Policy area.

The Councillor had previously declared the conflict of interest but failed to do so while considering extending the policy in a meeting of the Economic Development Committee in 2018.

Another Toowoomba Councillor was found to have engaged in misconduct by the Councillor Conduct Tribunal on 17 April 2019 by failing to disclose his conflict of interest in relation to two properties owned jointly with his wife, in the same development incentivisation area. There was no evidence that this Councillor had sought to take advantage of the policy.

With the consent of the Councillor the current matter was fast tracked by the OIA to the Councillor Conduct Tribunal for decision.

In finding that the Councillor had not engaged in misconduct in this case, the Tribunal noted the Councillor’s share in the property was a quarter share through a self-managed superannuation fund.

The Tribunal also took into account a report submitted by the Councillor from a town planner indicating that the property was unlikely to have met the eligibility criteria under the policy; to receive an incentive under the scheme.

The Councillor Conduct Tribunal decision can be found here.



Last updated: 30 Apr 2019