Councillor Conduct Tribunal and other decisions

The role of the Independent Assessor includes providing advice, training and information to councillors and local governments in relation to alleged or suspected inappropriate conduct, misconduct or corrupt conduct generally under section 150CU(1) (e) the Local Government Act 2009.

In particular, it is tasked with providing advice to councillors on recurring or high-risk areas of councillor conduct.

These OIA summaries of decisions of the Councillor Conduct Tribunal may be useful in guiding councillors’ understanding of the standards being applied by the Tribunal.

Understanding how regulation is applied in different circumstances will help to develop a shared understanding of standards and expectations that can then be applied consistently.

Decisions and judgements from other jurisdictions, such as the Supreme Court, may also provide a useful resource for councillors.

Key issues

Conflict of Interest

• Meaning of ‘the public interest’ (PDF, 173KB). CCT decision, 16 August 2019
• Perceived conflict of interest arising out of a relationship with a consultant on a development application” (PDF, 101KB). CCT decision, 14 August 2019
• Dealing with conflict of interest as misconduct (PDF, 148KB). CCT decision, 14 August 2019
• Threshold for disclosing a personal interest and the responsibility of non-conflicted councillors (PDF, 166KB). CCT decision, 14 August 2019
• What use can be made of a councillor’s past practice in declaring conflicts of interest on the same matter (PDF, 202KB). CCT decision, 14 August 2019
• What use can be made of previous Tribunal decisions (PDF, 124KB). CCT decision, 14 August 2019
• The use of expert evidence in considering the conflict of interest test (PDF, 133KB). CCT decision, 14 August 2019
• Conflict of Interest: Meaning of “no greater interest in the matter than that of other persons in the local government area” (PDF, 171KB). CCT decisions, 26 April 2019 and 17 May 2019
• Conflict of Interest: $200 donation in 2016 triggers need to declare a conflict of interest in 2018 awarding council contract to donor (PDF, 130KB). CCT decisions, 3 April 2019 and 23 April 2019
• Conflict of Interest: Whether a councillor could reasonably be taken to have a conflict of interest: consideration of a council policy (PDF, 249KB). CCT decisions, 17 April 2019 and 14 August 2019

Register of Interests

• Register of interests: The meaning and purpose of Item 17 on the approved form (PDF, 183KB) CCT decision, 6 February 2010
• Register of Interests: Failure to record membership of election association in register of interests (PDF, 130KB) CCT decisions, 3 April 2019 and 23 April 2019

Social Media

• Can comments made on a councillor’s private social media account be inappropriate conduct or misconduct (PDF, 178KB). CCT decision, 16 August 2019

Breach of Trust

• Meaning of the words ‘either knowingly or recklessly’ (PDF, 172KB). CCT decision, 16 August 2019
• Meaning of Breach of Trust in Section 176(b)(ii) (PDF, 167KB). CCT decision, 14 August 2019
• Breach of Trust: Meaning of a ‘breach of trust placed in a person’ (PDF, 167KB). Supreme Court of Queensland, 3 May 2019