Local Government Act electoral reform goes to Parliament: Fraser

November 28, 2006

Local Government Act electoral reform goes to Parliament: Fraser

Reforms to the Local Government Act introduced to State Parliament today will spell the end of hidden groups running for future council elections.

Local Government Minister Andrew Fraser said the introduction of the new legislation sought to force candidates for local government to declare their allegiances and alliances prior to polling day.

“Groups of candidates linked by fundraising will have to declare their alliances upon nomination whether they argue they are a group or not,” Mr Fraser said.

“This will close a loophole exposed by the Crime and Misconduct Commission’s Inquiry into the 2004 Gold Coast City elections.

“The openness and transparency of gifts to councillors will also be improved by giving the general public greater access to the information.”

Mr Fraser said of the CMC’s 19 recommendations only two were rejected. Seventeen recommendations were accepted in full or accepted with amendment to bring local government into closer alignment with the requirements for State and Federal elections.

Major reforms include:

·The definition of ‘group’ in the Local Government Act will be amended to include candidates who undertake fundraising activities together, whether they consider themselves to be a group or not. They will be required to record the name and membership of the group on their nomination form.

·The details of councillors’ gifts, sponsored hospitality benefits, membership of political and community associations and other interests will be displayed on the Council’s website. Where there is no website a person will be able to walk in and view the material free of charge.

·The Department of Local Government will be able to check disclosures and will have greater powers to cross check election returns and investigate irregularities where necessary.

·Penalties for electoral offences in local government elections have been increased to correspond with electoral offences in the Criminal Code and the Electoral Act that apply to State and Brisbane City Council elections.

·Councils will be required to minute any declaration by a councillor that they have a conflict of interest, the nature of the conflict, how the councillor deals with it, whether they vote and how they vote. This will ensure greater transparency in decision-making processes.

·Preventing a councillor from directing a council officer who is providing advice about a significant decision with a significant penalty to be included in the Local Government Act.

Mr Fraser said the bill also contained four additional reforms, beyond the recommendations of the CMC:

·The introduction of a caretaker period for local governments in line with the caretaker provisions for state government. This will prohibit major policy decisions during an election campaign.

·A code of conduct for candidates in local government elections will be developed to reinforce what is considered appropriate behaviour for candidates. A similar code already exists for state election candidates.

·Power granted to the Minister for Local Government to appoint a financial controller to a council. This will provide the State Government with an additional option when dealing with councils that are experiencing financial difficulties. This is already in place for Aboriginal councils.

·Councillors found by a court to have made improper use of confidential information in breach of the Local Government Act 1993 will be disqualified and required to vacate their office unless a court believes there are exceptional circumstances for this not to occur.

“Combined with the amendments relating to the CMC Inquiry, this package of legislative change will ensure Queenslanders are provided with open, transparent and accountable local governments,” Mr Fraser said.

Media Contact: Chris Taylor: 3227 8825 or 0419 710 874