Skip to content
An autonomous, prosperous and sustainable community and council

Councillor Conduct Register

The Local Government Act 2009 (Qld) sets out rules for how Council must deal with a complaint about the conduct and performance of Councillors.

Council is required under section 150DX to keep a record about:

  • orders made about the unsuitable meeting conduct of Councillors at its local government meetings
  • decisions about the suspected inappropriate conduct of Councillors referred to the local government
  • decisions made by the conduct tribunal about whether or not Councillors engaged in misconduct
  • complaints about the conduct of Councillors dismissed by the Office of the Independent Assessor
  • any decisions by the Office of the Independent Assessor to take no further action in relation to the conduct of Councillors investigated by the assessor

These records are available below and can also be requested by contacting Council.

 

Councillor Conduct Decisions (LGA section 150DX and 150DY)

Date of decision Subject Councillor Decision/reasons

16 February 2022

OIA ref C/21/00634

TSIRC REF C2021_247
Cr Aven Noah (Mer/Murray Island)

Council resolved to:

  • Note Cr Aven Noah’s admission that he engaged in inappropriate conduct by making inappropriate gestures in front of community members on two occasions; and
  • reprimand Cr Noah for his inappropriate conduct; and
  • order Cr Noah to review and refresh his knowledge of the Code of Conduct for Councillors in Queensland.

 

Complaints which the Office of the Independent Assessor (OIA) has dismissed or taken no further action on

Date of complaint (for a dismissed complaint)

Date of decision (no further action)

Summary of the Complaint

Reason for dismissal or no further action

10 May 2022

OIA ref C/22/00291

  It was alleged that a Councillor was using an Executive Assistant as a Councillor advisor contrary to section 197D of the Local Government Act 2009.

The OIA dismissed this matter pursuant to section 150X(c)(ii) of the Local Government Act 2009 as taking further action would be an unjustifiable use of resources.

Enquiries with Council have confirmed that clear role definition has been provided and is being monitored by the CEO, being the officer to whom the position reports.

5 October 2021

OIA ref C/21/00658

TSIRC REF2022_298

  It was alleged that a councillor failed to declare a declarable conflict of interest at a meeting of council. The OIA dismissed the complaint pursuant to section 150X(c)(ii) of the Local Government Act 2009 as it would be an unjustifiable use of resources. This was on the basis it was the first time the matter was presented in a meeting attended by the councillor, no votes were taken as a result of the presentation, and an educative approach to address the omission would be a more appropriate outcome taking into consideration all known circumstances of the matter.

26 July 2021

OIA ref C/21/00485

TSIRC REF2022_280

  It was alleged that a councillor failed to address unsuitable meeting conduct by another councillor. After an investigation, the OIA decided to dismiss the complaint pursuant to section 150X(c)(i) of the Local Government Act 2009 as dealing with the complaint is not in the public interest on the basis the unsuitable meeting conduct was addressed at a later time by the councillor.

5 October 2021

OIA ref C/21/00659

TSIRC REF2022_297

  It was alleged that a councillor failed to declare a declarable conflict of interest at meetings of council. The OIA dismissed the complaint pursuant to section 150X(a)(ii) of the Local Government Act 2009 as the conduct does not constitute inappropriate conduct or misconduct on the basis the councillor was not present in meetings when the relevant content was discussed.

8 April 2022

OIA REF C/22/00121

TSIRC REF C2021_260

 

It is alleged a councillor engaged in misconduct when the councillor disclosed information that was confidential to council about a project. It was further alleged a councillor had not used the correct criteria in recommending projects for the councillor’s community.

The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 (the Act) as the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct.

The OIA identified that the plug in allocation of two relevant houses was undertaken in accordance with set criteria and aligned with a priority list provided by the responsible state government department.

There was no evidence to prove that the councillor had provided the information, as the OIA located evidence to suggest the information could have come from elsewhere.
 

4 March 2022

OIA REF C/22/00095

TSIRC REF2022_279

It is alleged a councillor directed a council employee to deal with a matter in contravention of a council policy on the use of council facilities.

It was further alleged the councillor had directed a council contractor about an issue.

The OIA decided to take no further action pursuant to section 150Y(b) (iii)] of the Local Government Act 2009 [the Act] on the basis that taking further action would be an unjustifiable use of resources.

The Council officer stated that they were not directed but made a decision about a matter in consultation with a councillor. The decision was not in breach of a council policy at that time but council have advised that policy is being updated.

In relation to the direction of a contractor, the direction provisions under section 170 of the Act do not apply as contractors are not considered to be local government employees under the Act.

7 February 2022

OIA REF C/22/00073

TSIRC REF2022_285

  It is alleged a councillor has breached a policy of Council by meeting with a state government employee

The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 as the complaint did not raise a reasonable suspicion of inappropriate conduct or misconduct.

The OIA noted that there was insufficient detail in the anonymous complaint to identify a conduct breach.

4 February 2022

OIA REF C/22/00072

TSIRC REF C2022_274
 

It is alleged a Councillor has incorrectly used Council resources

The OIA dismissed this matter pursuant to section 150X(c)(ii) of the Local Government Act 2009 as the assessor was satisfied that further dealing with the complaint or information would be an unjustifiable use of resources.

The issue arose after a recent change to Council resources. The Acting CEO has advised that the matter will be addressed to ensure compliance with the Act.

3 February 2022

OIA REF C/22/00071

TSIRC REF2022_284

  It is alleged a Councillor breached a policy of Council related to the use of council facilities for private use.

The OIA dismissed this matter pursuant to section 150X(c)(ii) of the Local Government Act 2009 as the assessor was satisfied that further dealing with the complaint or information would be an unjustifiable use of resources.

The councillor when he became aware of the policy breach ceased using the Council provided facilities for his private employment.

The councillor was advised to familiarise himself with the provisions of the Policy and as a first term councillor seek advice from Council as to this and other policies that are relevant to his role as a Councillor.
 

2 February 2022

OIA REF C/22/00045

OIA REF C/20/00823

TSIRC REF C2019_141
It is alleged a Councillor has breached a council policy in relation to the use of a council asset

The OIA decided to take no further action pursuant to section 150Y(b) (iii) of the Local Government Act 2009 on the basis that taking further action would be an unjustifiable use of resources.

The matter is being dealt with by another agency.

11 October 2018

OIA REF.C/18/00224

TSIRC REF C2018_123

  It was alleged that a Councillor held hardly any sessions for the people of the Councillor’s division to receive information and provide feedback when the councillor returned from trips away from the community. It was also alleged that the Councillor demonstrated bias and nepotism. The complainant requested that the councillor step down on the basis that the public had lost confidence in the Councillor. The OIA decided not to investigate the complaint pursuant to section 150Q(3)(a) of the Local Government Act 2009 on the basis that the original complaint did not include sufficient information to properly assess the complaint, and the complainant has not provided requested further information.

5 October 2021

OIA REF C/21/00857

OIA REF C/22/00039

TSIRC REF C2021_254

 

It is alleged a Councillor failed to respond to a request for information from a member of the public relating to booking a community facility

The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 as the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct.

The issue raised by the complainant related to an operational matter which is the responsibility of the CEO and Council Officers not Councillors.

6 December 2021

OIA REF C/21/00857

OIA REF C/21/00858

  It is alleged two Councillors failed to respond to a request for information from a member of the public relating to booking a community facility

The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 as the conduct does not raise a  reasonable suspicion of inappropriate conduct or misconduct.

The issue raised by the complainant related to an operational matter which is the responsibility of the CEO and Council Officers not Councillors.

4 November 2017

TSIRC REF C2017_86

19 December 2018

OIA REF C/18/00353

25 June 2019

OIA REF C/18/00353
It was alleged a Councillor misused their authority and failed to declare a conflict of interest in relation to a decision relating to community housing. The OIA decided to take no further action about the conduct of the Councillor pursuant to section 150Y(b)(i) of the Local Government Act 2009 on the basis an investigation determined the conflict of interest had been declared and there was no direct evidence of any misuse of authority.

21 November 2021

OIA REF C/21/00828

TSIRC REF C2021_268

 

It was alleged that a Councillor lied or concealed information about their knowledge of a residential property matter. That the Councillor advised a resident they would follow-up and make inquiries about a matter, however the Councillor did not provide any further information.

The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 on the basis that the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct.

The OIA considered that the councillor advised the resident that the matter would be best handled by the relevant area of Council. The Councillor also advised the appropriate Council Officer the following day of the issue and the Councillor was not involved any further.

9 June 2021

OIA REF C/21/00376

TSIRC REF C2021_235

  It is alleged a Councillor has failed to meet his responsibilities in relation to a registered native title prescribed body corporate.

The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 as the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct within the meaning of the Act.

The OIA noted that the allegations related to the Councillor’s position on the PBC and PBC governance issues that do not come under the jurisdiction of OIA.

8 December 2020

OIA REF C/20/00902

TSIRC REF2022_278

  A service delivery complaint arising out of the complainant’s dealings with Council Officers in relation to housing and tenancy arrangements.

The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 on the basis that the complaint did not raise a reasonable suspicion of inappropriate conduct or misconduct by a councillor.

The complaint relates to the conduct of a Council Officer and not a Councillor and is therefore outside of the OIA’s jurisdiction under the Act.

9 September 2020

OIA ref C/20/00653

TSIRC REF2022_277

  It was alleged a Councillor had engaged in misconduct by not showing an appropriate level of impartiality, failing to appropriately declare a material conflict of interest, directing Council officers and influencing Council decisions to the benefit of an external body. These allegations were raised against a background of Council's position on proposed regional social housing reform. The OIA dismissed this matter pursuant to section 150X(c)(ii) of the Local Government Act 2009 on the basis further dealing with the complaint is not in the public interest. The Councillor had appropriately declared and dealt with their interests at the relevant Council meetings, Council is seeking legal advice on the matter and Ministerial approval has been sought for all Councillors to participate in decision on the matter. In the absence of a Council decision, no formal commitment has been made to proposed regional social housing reform

28 March 2018

OIA ref C/19/00321

TSIRC REF C2018_105
 

It was alleged that a Councillor released confidential information regarding Council’s procurement for the construction of duplexes to another tenderer.

The OIA dismissed this matter pursuant to section 150X(c)(ii) of the Local Government Act 2009 as it was considered to be an unjustifiable use of resources to continue investigation given the subject Councillor is no longer in office and the complainant has not provided requested documentation.

Updated 14 July 2022

 

The following table is a record of all Councillor conduct complaints received by Council's Chief Executive Officer under the councillor conduct regime that was replaced in 2018, and the outcome of each complaint, including any disciplinary action or other action that was taken in relation to the complaint.

Reference number Subject of complaint Complaint outcome
C2016_44 Councillor Bob Kaigey (Mer) Allegation of inappropriate conduct. Complaint withdrawn.
C2015_30 Councillor Joel Gaidan (Dauan) One allegation of misconduct was referred to the Department of Infrastructure, Local Government and Planning. The Department referred the alleged misconduct to the Local Government Regional Conduct Review Panel. At the time of hearing, Mr Gaidan was no longer a Councillor. The allegation of misconduct was found to be substantiated. The Panel ordered Mr Gaidan to pay a penalty amount to Council and noted that Mr Gaidan had already reimbursed Council.
C2015_28 Councillor Willie Lui (Warraber) Two allegations of inappropriate conduct were found to be substantiated.
While it was open to the Complaint Officer to make an order reprimanding the former Councillor for his inappropriate conduct, it was not considered to be in the public interest to do so. This decision applied section 176A of the Local Government Act 2009 (Qld) and took into account that Mr Lui was not re-elected as Councillor for Warraber in the March 2016 local government election.
C2015_27 Councillor Willie Lui (Warraber) Two allegations of inappropriate conduct were found to be substantiated.
While it was open to the Complaint Officer to make an order reprimanding the former Councillor for his inappropriate conduct, it was not considered to be in the public interest to do so. This decision applied section 176A of the Local Government Act 2009 (Qld) and took into account that Mr Lui was not re-elected as Councillor for Warraber in the March 2016 local government election.
C2015_19 Councillor Willie Lui (Warraber) Allegation of inappropriate conduct. Complaint withdrawn.
C2015_17 Councillor Willie Lui (Warraber)

The allegations of inappropriate conduct were found to be substantiated.
While it was open to the Complaint Officer to make an order reprimanding the former Councillor for his inappropriate conduct, it was not considered to be in the public interest to do so. This decision applied section 176A of the Local Government Act 2009 (Qld) and took into account that Mr Lui was not re-elected as Councillor for Warraber in the March 2016 local government election.

C2015_15 Councillor Joel Gaidan (Dauan) Allegations of misconduct were referred to the Department of Infrastructure, Local Government and Planning. The Department referred the alleged misconduct to the Local Government Regional Conduct Review Panel. The allegation of misconduct was found to be substantiated. The Panel ordered that Cr Gaidan make an apology at the first possible open meeting of Council; that Cr Gaidan reimburse Council; and that Cr Gaidan pay a penalty to Council. The matter was tabled at the December 2015 Council Ordinary Meeting, where Cr Gaidan apologised before Council. The matter was recorded in the Minutes of the December 2015 Council Ordinary Meeting (item 17).
C2015_14 Councillor Ron Enosa (Saibai) One allegation of misconduct was referred to the Department of Infrastructure, Local Government and Planning. The Department referred the complaint to the Local Government Regional Conduct Review Panel. At the time of hearing, Mr Enosa was no longer a Councillor. The allegation of misconduct was found to be substantiated. The Panel ordered Mr Enosa to reimburse Council.
C2015_11 Councillor Willie Lui (Warraber) One allegation of inappropriate conduct was found to be substantiated. A written reprimand was issued to the Councillor. The Decision Notice was tabled in Closed Business at the next available Council Ordinary Meeting.
C2014_07 Councillor Mario Sabatino (Hammond Island) Two allegations of inappropriate conduct. The allegations were found to be unsubstantiated.
C2017_77 Councillor Clara Tamu (Warraber) Allegation of inappropriate conduct. The allegation was found to be unsubstantiated.
C2018_93 Councillor David Bosun (Kubin Community at Moa Island) Four allegations of inappropriate conduct. Three allegations were not able to be substantiated. One allegation was found to be unsubstantiated.