Johnstone Shire residents now officially in limbo: Fraser

October 13 2006

Johnstone Shire residents now officially in limbo: Fraser

Extraordinary action in the Supreme Court in Cairns today set back a decision on the future of the Johnstone Shire Council.

Local Government and Planning Minister Andrew Fraser said he was disappointed the legal action by two Johnstone Shire Councillors now prevented him from being able to act upon his Department’s recommendations for action on the Council and left the area’s residents in limbo.

Mr Fraser last Friday (Oct 6) gave the Council notice that he would receive the recommendations from his Director-General – which included options about the future of the Council – today.

However, two Johnstone Councillors have pressed ahead with legal action to obtain an injunction against Mr Fraser preventing him from making a decision before there is a full hearing before the Supreme Court.

“I declined to agree to any terms which could delay the outcome of this issue and I declined to agree to the Councillor’s demands that I refrain from making a decision until the matter was heard in court,” Mr Fraser said.

“I remain firmly of the view that this matter should be resolved as quickly as possible and the Councillors should discontinue their legal action.

“Now that the two Councillors have applied to the Supreme Court today, we must await the Court’s decision before I can make my decision.

“The advice I have received is that the legal action may potentially delay the decision by months.

“Let me be perfectly clear about this. This afternoon I have received the recommendations of the Department, based on the findings of an investigation into the Council.

“I was then to deliberate upon the recommendations and make a decision, which I indicated to the Parliament yesterday would be made in a very short timeframe.

“The actions of the Councillors now mean that I am in limbo, prevented from making a decision and that puts the residents of Johnstone Shire in limbo also.

“I was not going to be in a position to announce a decision on the future of the Johnstone Shire today, but these two Councillors have seen fit to intervene and stop me making that decision in the near future as was my intention.

“This is pre-emptive legal action which has been launched by two Councillors intent on putting their own interests ahead of the community they are meant to represent.

“This is a weighty decision and one which I assure the Council – again – that I will make lawfully and in a manner that affords them natural justice.”

The Johnstone Shire Council has, for some time, been at the centre of serious allegations and concerns regarding bullying and intimidation, meeting procedures and staff morale.

In August the Council was issued a Show Cause Notice requiring it to address the matters of concern, including strategies for resolving those concerns.

Mr Fraser said he was dismayed that the legal action had now placed unnecessary delays in the process.

“I’m disappointed for the people of the area who deserve the strongest possible local government representation.

“This is an extremely serious matter which does not need to be tied for months in court – it was a matter that could have been resolved very quickly and now the people of Innisfail and the surrounding areas are being forced to wait.

“It is of particular concern to me because these are Queenslanders who have suffered through Cyclone Larry and, in many areas, are still waiting for facilities to be rebuilt.

“I was extremely keen and felt heavily obliged to have the matter resolved so the people of the Shire could have confidence in their local government.

“The matter requires a swift resolution.

“Now because of the actions of these two Councillors, I’m afraid, the wait will be longer.”

Media Contact: Chris Taylor 3227 8825 or 0419 710 874