Misconduct complaints

The OIA’s main work is in assessing, investigating and preparing councillor misconduct complaints for possible referral to the Councillor Conduct Tribunal (CCT) to decide.

The threshold to investigate a matter is if there is a reasonable suspicion of misconduct.

Following an investigation, the matter may undergo a natural justice process which gives the councillor an opportunity to respond to the complaint, so a decision can be made whether to refer a matter to the CCT or not.

The CCT is a separate independent body which decides councillor misconduct complaints and issues any orders.

Assessment of a misconduct complaint

• The OIA assesses complaints to decide if the complaint has reached the threshold as suspected misconduct and should be investigated  or dismissed.
• In assessing complaints, the OIA may make preliminary inquiries with council or witnesses before a decision is made whether to proceed to an investigation.
• A complaint can be dismissed after assessment.

Investigation

• If a decision is made to investigate, councillors are generally advised of the complaint and allegation/s but there are occasions when a councillor is not advised straight away.
• The identity of the complainant is not provided to the councillor.
• If possible, general advice about previous CCT orders for similar conduct will be provided at this early stage.
• Councillors have the option, if they agree with the facts of the complaint, to expedite the matter to the CCT for hearing and not go to a full investigation.
• A full investigation is to determine if there is sufficient evidence to prove misconduct.
• Councillors may make a submission about the allegation and this may expedite an investigation.
• Investigators have powers to compel witnesses to provide statements, produce documents and attend interviews if necessary.
• At the end of the investigation, the matter is considered again and if there is a reasonable satisfaction of misconduct, the OIA will progress it to the natural justice process and possible referral to the CCT.
• Complaints can also be dismissed after a full investigation.

Preparation for the CCT hearing

• A statement of facts on the suspected misconduct is prepared.
• It sets out the allegation, the particulars and facts and explains the category of misconduct.
• Under the natural justice process, the statement is shared with the councillor who may provide a further response. This is required by law (section 150AA LG Act).
• General advice about previous CCT orders for similar conduct is provided at this stage.
• Councillors have two weeks to respond to straightforward matters and longer for complex matters. If you need more time to respond, please ask for an extension.
• A councillor’s response is considered by the OIA in deciding if an application for a hearing proceeds to the CCT.
• Matters can be dismissed at this point.
• If an application is referred to the CCT, it is the CCT which decides whether misconduct has been sustained and any orders.
• This guideline ( 157.5 KB) sets out what will be assessed in determining if an application proceeds to the CCT.
• Councillor Conduct Tribunal processes are separate to the OIA.

Review

• Complainants may apply for the assessment decision to be reviewed if a matter is dismissed and the case closed. Request for review must be made within 30 calendar days from the date of the outcome advice.
• Councillors can review CCT decisions through the Queensland Civil and Administrative Tribunal (QCAT).