Conduct breach
The OIA can only assess complaints that alleged a suspected conduct breach (formerly known as inappropriate conduct).
Once assessed, the OIA may refer the complaint back to the relevant council to resolve.
The OIA does not investigate or decide such complaints.
If complaint is assessed as a suspected conduct breach and a decision made for it to progress
- The OIA must, by law, send the complaint back to the local government to deal with.
- Councils must resolve the suspected conduct breach
- The OIA can recommend how the council should deal with the matter.
- If a council rejects the OIA’s recommendation it must pass a resolution in a council meeting stating its reasons.
- It is the council that decides whether a councillor has engaged in a conduct breach.
- The OIA has no power to review a council’s decision about a conduct breach.
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- The OIA has no control over how long a council takes to finalise a conduct breach complaint.
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- A letter will be sent to the complainant/councillor/local government when a com-plaint is assessed as a suspected conduct breach and referred to the council to re-solve.
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It is a conduct breach when a councillor contravenes a behavioural standard (a breach of the Code of Conduct for councillors in Queensland), or a policy, procedure or resolution of council, an order of the chairperson of a council meeting to leave and stay away, or when a councillor receives orders for unsuitable meeting conduct three times in one year.
Last updated: 20 Dec 2023