Understanding complaints

The OIA receives complaints about the conduct of Queensland councillors.

The OIA does not deal with complaints about council services such as rates, parking fines, bin collection or noise.

The Queensland Ombudsman investigates complaints about the administrative actions and decisions of councils.

From 1 July 2026, conduct breaches were removed from the councillor conduct framework. As a result, the OIA must dismiss complaints alleging behaviour that would previously have been dealt with as a conduct breach.

Previously, a conduct breach included breaches of the Councillor Code of Conduct, council policies, procedures or resolutions, or repeated unsuitable meeting conduct.

Types of councillor conduct

• Unsuitable meeting conduct that occurs in a council meeting.
• Misconduct complaints which are assessed, potentially investigated and undergo a natural justice process before possible referral to the Councillor Conduct Tribunal (CCT) for a decision.
• Corrupt conduct is referred to the Crime and Corruption Commission.

• The OIA cannot enforce confidentiality but we ask all parties to respect it.
• We ask both complainants and councillors to maintain confidentiality and respect the legislated process for resolving complaints by not publicly revealing the details of a complaint or the existence of an investigation.
• When a complainant goes public this is not fair to the councillor; it undermines due process and may cause reputational damage on a matter which may not result in a referral to the CCT or a misconduct finding.
• When a councillor goes public this is not fair to the complainant; it can be perceived as trying to undermine the councillor conduct framework and may encourage complainants to also reveal the complaint for their own purposes.
• The identity of a complainant will be protected unless disclosure is required for investigations or a tribunal or court hearing. Complainants will be contacted if their identity is likely to be disclosed.
• If a complainant is making a public interest disclosure the requirements of the Public Interest Disclosure Act 2010 will be followed.

Unsuitable meeting conduct

• Unsuitable meeting conduct by a councillor is managed in the council meeting by the chairperson who may impose disciplinary action.
• Unsuitable meeting conduct by the chairperson is managed by the other councillors present at the meeting who may impose a reprimand order by resolution.
• The OIA does not deal with unsuitable meeting conduct unless a councillor fails to comply with a chairperson’s order to leave and stay away from a meeting when ordered to do so.

Misconduct

• Misconduct behaviour includes a breach of an Act, not acting with honesty and impartiality, releasing confidential council information and failing to declare a conflict of interest.
• From 1 July 2026, misconduct also includes repeated unreasonable behaviour directed at another person that causes a risk to the health or safety of that person, and harassment of a sexual nature.
• Misconduct complaints are assessed and may be investigated by the OIA. Before a decision is made to refer a matter to the Councillor Conduct Tribunal (CCT), the OIA will undertake a natural justice process to give the councillor an opportunity to respond to the complaint.

Corrupt conduct

Corrupt conduct is dealt with by the Crime and Corruption Commission but may be referred to the OIA to deal with..

Common examples of corrupt conduct include fraud and theft, extortion, misuse of council information for a benefit, or obtaining or offering a secret commission.

Corrupt conduct is behaviour that:

• adversely affects or could adversely affect the performance of functions or the exercise of powers of the councillor;
  and

• is not honest or impartial; or
• results in, or could result directly or indirectly in, the performance of functions or the exercise of a councillor’s powers in a way that is
  • not honest or impartial; or
  • a breach of trust placed in the councillor; or
  • a misuse of information acquired by the councillor; and

• is engaged in, to the benefit or detriment of a person; and

• if proven, would be a criminal offence.

• CEOs, councillors and local government employees who make a complaint or intend to make a complaint against a councillor are protected from acts of reprisal.
• A councillor who takes, threatens or attempts to take detrimental action against another councillor or council employee for making a complaint or notification, can be fined or imprisoned for two years.

• If a councillor or CEO receives a complaint from a member of the public or becomes aware of information indicating a councillor may have engaged in misconduct, they must refer the matter to the OIA.
• Suspected corrupt conduct must be reported to the Crime and Corruption Commission.