What constitutes a councillor conduct complaint?

Unsuitable meeting conduct

  • Unsuitable meeting conduct is dealt with by the chairperson in the council meeting. The OIA does not deal with unsuitable meeting conduct.
  • It is unsuitable meeting conduct when a councillor, in a council meeting, contravenes the Code of Conduct for Councillors in Queensland.

Conduct breach

  • Complaints about a suspected conduct breach (formerly inappropriate conduct) can only be assessed by the OIA. If the complaint is assessed as a suspected conduct breach it may be  referred to the council for resolution.
  • It is a conduct breach when a councillor contravenes a behavioural standard (a breach of the councillor code of conduct), 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 received orders for unsuitable meeting conduct three times in one year.

Misconduct

  • Misconduct complaints are assessed, investigated and a natural justice process is undertaken by the OIA to give the councillor an opportunity to respond to the complaint, before a decision is made to refer a matter to the CCT to decide.
  • Misconduct behaviour includes a breach of an Act, releasing confidential council information and failing to declare a conflict of interest.

Corrupt conduct

  • Corrupt conduct is dealt with by the Crime and Corruption Commission.
  • 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 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.

Last updated: 20 Dec 2023