Outcomes of Complaints about Councillors

Pursuant to Section 150DX of the Local Government Act 2009 (the Act), local governments must publish the Councillor Conduct Register on the local government's website.

The following is a record of outcomes of complaints about Councillors since the Act came into force on 1 July 2010.

Complaints about Councillors – post 1 July 2010

Complaint Number	Date Received	Nature of Allegation	Outcome
C/23/00340	6 June 2023	It was alleged that a councillor has a conflict of interest in relation to a development application currently being considered by Council.	The OIA dismissed the matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 (the Act), on the basis that conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct. Information provided to the OIA indicated the application was in the Public Notification stage at the time of the complaint and further, that at no time has the councillor been involved in operational discussions on the matter. If in future however councillors are involved in decision-making in relation to the matter, it has been recommended that the councillor consider, or take advice on their obligations to declare any conflicts of interest.
C/23/00201	1 April 2023	It was alleged a councillor had been the administrator of a community social media page which the councillor started before being elected to council and that the councillor censored and blocked people from using the page whose comments might reflect negatively on the Council’s performance.	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 as defined by the Act. In considering the complaint, the OIA noted that the social media page was not the Councillor’s official social media and complaints about the moderation of the page are not within the jurisdiction of the OIA.
C/23/00182	27 March 2023	It is alleged that a councillor engaged in inappropriate conduct when the councillor commented online about council matter.	The OIA decided to take no further action pursuant to section 150Y(b)(i) of the Local Government Act 2009 (the Act) on the basis that the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct. The councillor’s comments online did not reach the threshold breaching the code of conduct.
C/23/00168	28 March 2023	It is alleged that a councillor posted false statements on social media.	The OIA decided to take no further action pursuant to section 150Y(b)(i) of the Local Government Act 2009 (the Act) on the basis that the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct. The councillor was expressing a political view on a council related matter, which was not considered to be in breach of the Act.
C/23/00101	22 February 2023	It is alleged a councillor engaged in inappropriate conduct when making comments in the media about an event.	The OIA decided to take no further action pursuant to section 150Y(b)(i) of the Local Government Act 2009 (the Act) on the basis that the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct. The OIA considered that the Councillor’s comments did not reach the threshold of being inappropriate and that the Councillor was not commenting on behalf of council but commenting on the councillors own personal experience with the event.
C/23/00065	1 February 2023	It was alleged that a councillor showed a lack of respect towards a member of the public at a recent Australia Day ceremony.	The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009, on the basis that the conduct was not inappropriate conduct or misconduct. The member of the public identified in the complaint was spoken to and spoke highly of the event and the consideration shown by the Councillor.
C/23/00064	31 January 2023	It is alleged that a Councillor failed to update their register of interests to include particulars that were required to be recorded.	The OIA dismissed this matter pursuant to section 150X(c)(ii) of the Local Government Act 2009 (the Act) on the basis that it would be an unjustifiable use of resources to proceed with the matter, given the register was inaccurate for a period of apporoximately three months and the Councillor has actively taken steps to correct the register after being notified by the OIA of potential inaccuracies.
C/23/00034	6 January 2023	It is alleged a Councillor engaged in misconduct when the Councillor failed to declare a declarable conflict of interest in a matter at Council meetings.	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 taking further action would be an unjustifiable use of resources. In making this decision, the OIA considered that the Councillor did have a declarable conflict of interest in relation to the matter, however, the wording of section 150EQ(1)(b) requires a Councillor to have 'become aware' that they have a declarable conflict of interest in a matter, in order for the obligations contained in the other parts of section 150EQ to be enlivened. Where section 150EQ(1)(b) creates significant evidentiary difficulties taking further action would be an unjustifiable use of resources. This issue is currently being addressed by the Department of State Development, Infrastructure, Local Government and Planning.
C/22/01141, C/22/01142, C/22/01143 & C/22/01144	16 December 2022	It is alleged Councillors engaged in misconduct when the Councillors failed to declare a declarable conflict of interest in a matter at Council meetings.	The OIA dismissed this matter pursuant to section 150X(c)(ii) of the Local Government Act 2009 (the Act) as I am satisfied that further dealing with the complaint would be an unjustifiable use of resources. In making this decision, the OIA considered that the Councillor did have a declarable conflict of interest in the matter however the wording of section 150EQ(1)(b) requires a Councillor to have ‘become aware’ that they have a declarable conflict of interest in a matter, in order for the obligations contained in the other parts of section 150EQ to be enlivened. Where section 150EQ(1)(b) creates significant evidentiary difficulties taking further action would be an unjustifiable use of resources. The Councillors were given incorrect advice as to their conflicts of interests in a matter. Moving forward when the matter comes before Council again for consideration it is expected that the Councillors will make the necessary declarations prescribed in the Act before considering the matter.
C/22/00741	26 September 2022	It was alleged a Councillor engaged in councillor conduct by telling another councillor if they didn’t apologise for alleged conduct, they would have to report them to the Office of the Independent Assessor.	No further action pursuant to section 150Y(b)(iii) of the Local Government Act [the Act] on the basis that taking further action would be an unjustifiable use of resources as the complaint was referred and independently assessed.
C/22/00687	5 September 2022	It was alleged a Councillor breached the code of conduct by making comments on their personal social media.	The OIA decided to take no further action pursuant to section 150Y(b)(iii) of the Local Government Act [the Act] on the basis that taking further action would be an unjustifiable use of resources. The comments were considered to be borderline inappropriate, however, they were expressed as a personal opinion and did not identify any particular Councillors.
C/22/00397	20 June 2022	It was alleged a Councillor breached section 150K(1)(a) of the Local Government Act when the councillor made comments to a business owner about staff. It was considered the councillors conduct may have breached a behavioural standard of the Code of Conduct for Councillors in Queensland.	The OIA referred the complaint for investigation to the South Burnett Regional Council. The Mayor advised that an internal investigation would be appropriate. Pursuant to section 150K of the Local Government Act, due to insufficient information to substantiate, on the balance of probabilities, a breach of a behavioural standard is not substantiated.
C/22/00683	13 September 2022	It was alleged a Councillor defamed a community leader in an email sent to all councillors and council executive.	The OIA decided to take no further action pursuant to section 150Y(b)(i) of the Local Government Act 2009 [the Act] on the basis that the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct. The Councillor made comments not inconsistent with views already expressed widely in the media.
C/22/00529	15 August 2022	A Councillor was alleged to have been rude and arrogant to emergency services workers at an incident they were attending.	The OIA dismissed this matter pursuant to section 150X(a)(ii) as the alleged conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct within the meaning of the Act. The complaint was made anonymously with no supporting evidence. Attempts were made by the OIA to identify any witness to the alleged incident. No witness could be found.
C22/00308 C/22/00309	14 May 2022	It is alleged that two Councillors engaged in inappropriate conduct on the basis that posts by two councillors made on social media led to bullying and harassment of another councillor.	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 OIA also looked through the relevant social media accounts to establish whether there were any posts that may be in breach the Act. The posts were found to contain information that was already publicly available, and the language used, while assuming strong positions on council issues, was not considered to amount to inappropriate conduct or misconduct.
C/22/00279	12 May 2022	It was alleged a councillor made an inappropriate social media post about an upcoming vote at an Ordinary Council meeting.	The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 after reviewing the post, which was not considered to amount to inappropriate conduct or misconduct.
C/22/00235	11 May 2022	It was alleged that a Councillor breached the Acceptable Request Guideline to obtain information presented at a Standing Committee Meeting.	The OIA decided to take no further action pursuant to section 150Y(b)(i) of the Local Government Act 2009 [the Act] on the basis that the alleged conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct. Enquiries confirmed the Councillor had been provided with a formal opportunity to discuss issues with senior managers, which would not breach council’s acceptable request guidelines.
C/21/000480	21 March 2022	It was alleged that a councillor engaged in misconduct by breaching council’s Acceptable Requests Guidelines policy.	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 actions of the councillor were believed to come within the terms of the policy that relate to a councillor assisting a member of the community with a request for service, rather than a request for advice or information under section 170A of the Act. The policy was found to be ambiguous when applying such circumstances. It has been recommended that Council reconsider this policy to remove the ambiguity for the future.
C22/00135	21 March 2022	It is alleged a Councillor breached a policy of Council when participating in a media interview	The OIA decided to take no further action pursuant to section 150Y(b)(i) of the Local Government Act 2009 [the Act] on the basis that the Councillor was authorised under policy to undertake the interview on behalf of Council and the statements made did not raise a reasonable suspicion of inappropriate conduct or misconduct.
C21/00879	15 December 2021	It was alleged that a councillor acted inappropriately towards members of the public, not respecting their boundaries and making them feel uncomfortable.	The matter was dismissed pursuant to section 150X(a)(ii) of the Local Government Act 2009. On the facts of this matter the complaint did not reach the threshold of inappropriate conduct or misconduct.
C/21/00867	10 December 2021	It is alleged a Councillor breached the Code of Conduct for Councillors in Queensland when the councillor made a statement in a Council meeting about a public health matter	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.
C/21/00758	2 December 2021	It is alleged a councillor breached a policy of council when the councillor received information from council about a project.	The OIA decided to take no further action pursuant to section 150Y(b)(i) of the Local Government Act 2009 on the basis that the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct.
C/20/00860	15 September 2021	It is alleged that the Councillor directed Council staff on two (2) occasions, contrary to the requirements under Section 170A of the Local Government Act 2009.	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 OIA investigated the allegations and found that the language used by the Councillor was not sufficiently directive in nature to justify further investigation.
C/21/00575	24 August 2021	It is alleged a Councillor was overheard by a third party discussing legal advice received in relation to a decision made by the OIA.	The OIA dismissed this matter pursuant to Section 150X(a)(ii) of the Local Government Act 2009 as its content did not give rise to a reasonable suspicion of inappropriate conduct or misconduct by the Councillor
C/21/00304 & 00307	10 May 2021	It is alleged that two councillors failed to declare a conflict of interest in a matter before council on 24 March 2021 (Ordinary meeting), in relation to their attendance at a function held by the committee of a community group. The community group was the subject of consideration during the council meeting on 24 March 2021.	The OIA dismissed this matter pursuant to section 150X (a)(ii) of the Local Government Act 2009 (the Act) as the conduct did not amount to inappropriate conduct or misconduct. Preliminary enquiries with Council determined that both councillors attended the committee function in their capacity as councillors and that neither of them had any other interest in the community group; for example, they were not executive officers of the committee. Section 150EO(1)(i) of the Act provides that a councillor, “…does not have a declarable conflict of interest in the matter if…the conflict of interest arises solely because - the councillor undertakes an engagement in the capacity of a councillor for a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation”.
C/21/00263	24 May 2021	It is alleged a councillor failed to communicate the outcome of a decision, in breach of a council policy.	The OIA dismissed this matter pursuant to section 150X(b)(i) of the Local Government Act 2009 (the Act) as I am satisfied that the complaint is vexatious. There was no requirement within the policy for the councillor to notify parties about when a decision was to be announced, only what the decision was, once made.
C/21/00509	12 August 2021	It is alleged a councillor continues to make negative comments against council decisions on social media and that uses the councillor’s profile to attract negative public comment against other councillors, particularly those who do not agree with the councillors’ beliefs showing a lack of respect for the other councillors.	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 within the meaning of the Act. The OIA noted the social media post by the councillor that was provided with the complaint reported on what occurred in the public meeting, that in compliance with the code of conduct for councillors in Queensland the councillor acknowledged the decision about the matter was a majority view of council and that the councillor was expressing the councillors personal view only.
C/21/00219	4 May 2021	It is alleged a councillor failed to communicate the outcome of a decision, in breach of a council policy.	The OIA dismissed this matter pursuant to section 150X(b)(i) of the Local Government Act 2009 (the Act) as I am satisfied that the complaint is vexatious. There was no requirement within the policy for the councillor to notify parties about when a decision was to be announced, only what the decision was, once made.
C/21/00243 & C/21/00244	5 May 2021	C/21/00243 It is alleged a councillor has failed to carry out his duties in relation to a council policy. C/21/00244 It was further alleged a councillor was not a person of integrity nor is he worthy of the community’s support and respect and that the community has lost faith in the councillor as the councillors deplorable behaviour has brought the region and Council into disrepute.	The OIA dismissed both matters on the basis that the complaint/s were vexatious and or not made in good faith pursuant to section 150X(b)(i) of the Local Government Act 2009 (the Act). The allegations have previously been considered by the OIA and dismissed as a vexatious. There were reasonable indications that the complainant in this matter was a fictitious identity. The complainant declined to provide proof of identity to confirm the veracity of the complaint.
C/20/00400	15 April 2021	It is alleged a councillor disclosed personal information about a member of the public to a third party	The OIA referred the complaint for investigation to the South Burnett Regional Council with the Council delegating the decision to the Mayor. The Mayor, pursuant to section 150AG(1) of the Local Government Act 2009, determined that the councillor had not engaged in inappropriate conduct as there was insufficient evidence to prove, on the balance of probabilities, that the alleged conduct amounted to inappropriate conduct.
C/21/00189	22 April 2021	It is alleged a councillor made false allegations about a member of the public to another person in the presence of another councillor and council employee.	The OIA dismissed this matter pursuant to section 150X(b)(i) of the Local Government Act 2009 as the complaint was vexatious.
C/21/00142	26 March 2021	It was alleged a councillor breached the Code of Conduct for Councillors in Queensland when the councillor posted on social media concerns about the provision of council services.	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 comments made by the councillor were considered to be borderline inappropriate conduct.
C/21/00180	26 March 2021	It was alleged that a councillor breached the Code of Conduct for Councillors in Queensland by: Posting on social media inappropriate accusations about council’s operational functions Treating council staff, other councillors and the general public who do not agree with the councillors on matters, with contempt Engaging in unsuitable meeting conduct in a number of meetings livestreamed and viewed by the public by verbally attacking council staff and other councillors Bringing the council into disrepute by working with other councillors to humiliate and harass council staff and when decisions do not go the councillors’ way they encourage residents to take to social media to begin a campaign of hate and vitriol against those who are not giving the councillors what they want in council meetings	The OIA dismissed this matter pursuant to section 150X(c)(ii) of the Local Government Act 2009 (the Act) as dealing with the complaint would be an unjustifiable use of resources Comments made by the councillor on social media were considered to be borderline inappropriate conduct. Unsuitable meeting conduct by a councillor should be dealt with by the Chair of the meeting in real time and is not within the OIA’s jurisdiction. (section 150H and section 150I of the Act). In relation to the allegations of treating council staff with contempt, the complaint did not provide specific details that could reasonably be investigated. As the complaint was made anonymously, the OIA could not seek further information
C/21/00206 C/21/00204 C/21/00207 C/21/00208	12 April 2021	It is alleged a number of councillors made an incorrect decision about an increase of spending on a project that a number of councillors appear to be voting as a bloc on important matters.	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 within the meaning of the Act. In relation to the first issue, concerns about administrative decisions of council that the complainant considered to be flawed or not appropriately made are not within the jurisdiction of the OIA to deal with and the complainant has been re-directed to the Queensland Ombudsman. In relation to the second issue, It is not councillor conduct for councillors who take a like minded approach to an issue or range of issues to vote together.
C/19/00717	26 August 2019	Allegation One, being an allegation that on 21 August 2019, Councillor Fleischfresser, a Councillor of South Burnett Regional Council, engaged in misconduct as defined in Section 150L(1)(b)(i) of the Local Government Act 2009, in that his conduct involved a breach of the trust placed in him as a Councillor, either knowingly or recklessly, in that it was inconsistent with local government principle 4(2)(e) ‘ethical and legal behaviour of Councillors and local government employees’. Allegation Two, being an allegation that on 21 August 2019, Councillor Fleischfresser, a Councillor of South Burnett Regional Council, engaged in misconduct as defined in Section 150L(1)(b)(i) of the Local Government Act 2009, in that his conduct involved a breach of the trust placed in him as a Councillor, either knowingly or recklessly, in that it was inconsistent with local government principle 4(2)(e) ‘ethical and legal behaviour of Councillors and local government employees’	Allegation One and Two have been sustained. Pursuant to Section 150AR(1)(b)(ii) of the Local Government Act 2009, former Councillor Fleischfresser is reprimanded for the conduct that constitutes Allegations One and Two.
C/21/00079 C/21/00081	8 February 2021	It was alleged that two councillors breached the Code of Conduct for Councillors in Queensland by: Treating council staff, other councillors and the general public who do not agree with the councillors on matters, with contempt Engaging in unsuitable meeting conduct in a number of meetings livestreamed and viewed by the public by verbally attacking council staff and other councillors Engaging in inappropriate social media commentary and bullying of council staff and other councillors Bringing the council into disrepute by working with other councillors to humiliate and harass council staff and when decisions do not go the councillors’ way they encourage residents to take to social media to begin a campaign of hate and vitriol against those who are not giving the councillors what they want in council meetings	The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 (‘Act’) as the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct within the meaning of the Act.
C/21/00014	13 January 2021	It is alleged that a councillor failed to respond to the complainants’ numerous correspondence, calls and messages about the conduct of another councillor.	The OIA dismissed this matter pursuant to section 150X(b)(i) of the Local Government Act 2009 (‘Act’) on the basis that the complaint is vexatious. It was noted that the complainant’s emails to the councillor related to an on-going dispute that involves multiple agencies. The correspondence to the councillor indicated having reported the same issues to the appropriate agencies to deal with. In addition, the volume and the nature of the communication might reasonably have caused the councillor to be concerned about engaging in further correspondence or meetings with the complainant.
C/21/00038	22 January 2021	It was alleged that a councillor influenced council decisions in which they had a declarable conflict of interest.	The OIA dismissed this matter pursuant to section 150X(c)(ii) as enquiries were unable to identify evidence to suggest that the councillor had a declarable conflict of interest in the matters.
C/21/00037	22 January 2021	It was alleged that a councillor influenced council decisions in which they had a declarable conflict of interest.	The OIA dismissed this matter pursuant to section 150X(c)(ii) as enquiries did not corroborate any influence over decisions of council by the councillor or evidence to suggest that the councillor had a declarable conflict of interest in the matters.
C/20/01109	22 December 2020	It was alleged that through the process of investigating a complaint of inappropriate conduct against a Councillor, Council has refused to provide the complainant with the outcome of the investigation and a copy of the investigation report that is to be considered by the Council at an upcoming Ordinary Council Meeting. It was further alleged that the complainant’s correspondence during the investigation has been ignored. It was also alleged that the Councillor who was assigned the investigation has a conflict in the matter as they had previous conversations with the complainant and breached the Code of Conduct by allegedly discussing the matter with a third party. Additionally, it was alleged that a number of the elected Councillors have a conflict in the matter due to their association with the Councillor subject to the investigation.	The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 as the complaint did not give rise to a reasonable suspicion of inappropriate conduct or corrupt conduct. The OIA reviewed South Burnett Regional Council’s Councillor Conduct Complaints Investigation Policy and found that the Councillor assigned responsibility of the investigation has followed due process as stipulated in the policy. It was noted that the matter was still to be decided by the Council, and therefore there is no obligation for the Councillor to provide the complainant an outcome, as the decision had not yet been reached. Regarding the allegations that Councillors had conflict of interests in the matter, the OIA did not consider that the fact that the Councillor assigned the investigation had previous conversations with the complainant or the fact that they did not respond to the complainant’s correspondence during an ongoing investigation amounts to a declarable conflict of interest in the matter. The OIA also did not consider there to be any substantive information to indicate that the Councillor breached the Code of Conduct for Councillors in Queensland or that a number of elected Councillors have a conflict of interest in the matter, based on the information provided.
C/20/00874	27 November 2020	Allegation One, being that Councillor Kirstie Schumacher engaged in inappropriate conduct when the Councillor posted to the Councillor’s Facebook page about funding for the Kingaroy Transformation Project on 26 November 2020.	Allegation One has been sustained. Pursuant to Section 150AH of the Local Government Act 2009 Council decided an order that no action be taken against Councillor Schumacher.
C/20/00735	27 October 2020	It was alleged that a Councillor by allowing their photo to be posted online, they supported the comment and were offering support to the local state member in their election campaign.	Having considered all the information available, the Independent Assessor decided to dismiss the complaint pursuant to Section 150X(a)(ii) of the Local Government Act 2009 .
IR2744521	12 November 2020	It is alleged a councillor had encouraged his friends to threaten and harass two women who had parked on a public road. It is also alleged that a councillor has been bullying, stalking and harassing a resident and friends of the resident over a number of months.	The OIA dismissed this matter pursuant to section 150X (a)(ii) of the Local Government Act 2009 as the complaint is vexatious. 1. The matter had been reported to the appropriate authority and the conduct of the people identified in the complaint is outside of the OIA’s jurisdiction. Evidence provided by the complainant that was said to indicate the councillor’s involvement was found to be incorrect. 2. The resident had made complaints to the relevant authority. Other matters referred to the OIA have been dealt with in previous complaints.
IR2744520	8 November 2020	It is alleged a councillor had encouraged his friends to threaten and harass two women who had parked on a public road.	The OIA dismissed this matter pursuant to section 150X (a)(ii) of the Local Government Act 2009 as the complaint is vexatious. The matter had been reported to the appropriate authority and the conduct of the people identified in the complaint is outside of the OIA’s jurisdiction. Evidence provided by the complainant that was said to indicate the councillor’s involvement was found to be incorrect.
IR2744522	23 October 2019	It is alleged that a former councillor engaged with council staff on a number of occasions in relation to development applications made by a local business in the area, in a way that was contrary to South Burnett Regional Council’s Acceptable Request Guidelines.	Following an investigation, the OIA decided to take no further action pursant 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. Whilst the OIA takes the view that the alleged conduct by the former councillor was not in accordance with South Burnett Regional Council’s Acceptable Request Guidelines, due to the nature of the allegation, and the fact that the subject officer is no longer a councillor, it was considered that taking further action on this matter would be an unjustifiable use of resources
IR2738320	17 August 2020	It is alleged a councillor had used their position on a regional committee to influence or obstruct the complainant’s attempts to make complaints about them.	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 complaint contained a bald allegation that provided no evidence of the councillor’s involvement.
IR2738321	28 September 2020	It was alleged that a councillor breached the code of conduct, in how they treated the complainant and a former councillor. That the councillor lied to the complainant about a rumour being started by the former councillor about the complainant and another councillor. It was alleged the councillor acted in an unethical and disrespectful manner, with intent to cause detriment to the complainant, which resulted in the complainant being bullied by members of the public and becoming the subject of rumours with a sexual overtone. It was further alleged that the councillor had sexually harassed the complainant on 4 March 2020, within the meaning of section 119 (c) and (f) of the Anti-Discrimination Act 1991, in that they made the remarks about the complainant and another person, and that the complainant was offended, humiliated and intimidated by the conduct.	The OIA dismissed this matter pursuant to section 150X(b)(i) of the Local Government Act 2009, on the basis that the complaint is considered to be vexatious. This complaint was made after a series of other complaints that had been previously dealt with by the OIA. In this complaint, there were no details of direct evidence confirming that the councillor did in fact lie about the rumour or that it was started by the former councillor. The fact that the councillor declined to assist with a personal investigation initiated by the complainant in relation to the rumour, is not proof that they had engaged in conduct that would be in breach of the code of conduct. In relation to the allegation of sexual harassment, the OIA does not believe that by the councillor telling the complainant about the rumour, it would amount to an offence of sexual harassment against the complainant, as the ‘remarks’ were said to have been made by someone else.
IR 2726722	2 September 2020	It is alleged that a Councillor: behaved unprofessionally and treated a member of the public with disrespect in an email; and threatened the same member of the public that if they did not withdraw their letter, they would lose grant funding and jeopardize future grant applications	The OIA dismissed this matter pursuant to Section 150Q(3) of the Local Government Act 2009, on the basis there is insufficient information to properly investigate the conduct or form an opinion about whether the conduct is, or may be, inappropriate conduct or misconduct.
IR2717675	24 August 2020	It was alleged that a Councillor was trolling and defaming the complainant on Facebook under a fake name and that comments were made from the page about the complainant, in which the complainant strongly believes the language being used by the person is similar to what the councillor would say.	The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 (the Act) on the basis that the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct. The complaint did not provide any evidence to support the allegation that the councillor was in fact the person behind the ‘fake page’ other than an opinion about the language being used in the comments being similar to what the councillor would say. The use of common words in the English language is not considered to be sufficient grounds to raise a suspicion that a particular person was responsible for those words.
IR2710211	11/14 June 2020	It is alleged a councillor accessed jointly used social media accounts and changed the passwords to the accounts, which caused the complainant to be unable to access the social media accounts and other website accounts to remove personal credit card details that were linked to the ongoing subscription to a website account.It is alleged a councillor accessed jointly used social media accounts and changed the passwords to the accounts, which caused the complainant to be unable to access the social media accounts and other website accounts to remove personal credit card details that were linked to the ongoing subscription to a website account.	The OIA dismissed this matter pursuant to section 150X(c)(ii) as I am satisfied that further dealing with the complaint would be an unjustifiable use of resources. The complainant was considered to relate to a civil matter between the complainant and the councillor that stemmed from a professional relationship prior to the councillor being elected. The complainant had sought legal advice and was pursuing civil action to resolve the dispute between the parties.
IR2704786	24 May 2020	It was alleged that a councillor denounced the position of a member of the public in an open forum. It was further alleged that over a one-week period, three councillors made an unconscionable decision to switch from supporting a funding agreement, to voting to withdraw from the project.	The OIA dismissed this matter pursuant to section 150X(a)(ii), of the Local Government Act 2009 as the complaint in essence related to a decision of council as a body and did not raise a reasonable suspicion of inappropriate conduct or misconduct within the meaning of the Act by the individual councillors.
IR2686381	11 May 2020	It is alleged that a Councillor may have shared confidential information with third parties relating to the Art Gallery.	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. Even if it could be proven that it was the Councillor who provided that information, the information was not confidential to the local government.
IR2705507	28 April 2020	It was alleged that a Councillor publicly vilified a proponent of a project in community meetings due to a dispute between the councillor and the project proponent relating to their adjoining properties. It was further alleged that due to Councillor opposition to the project, the community organization voted against the project which influenced Council to also oppose the project.	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.
IR2704784	22 April 2020	It was alleged that a Councillor made inappropriate and defamatory comments about their competing candidate prior to the Local Government elections.	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.
IR2704785	27 March 2020	It was alleged that a Councillor refused to survey ratepayers and attend meetings about the Bunya Mountains Dark Sky Park, despite the majority of ratepayers who are predominantly absent owners of accomodation in the Bunya Mountains being in favour of the matter	The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Goverment Act 2009 as the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct. Decisions were made in relation to the matter by Council staff and not by any Councillor. Various community members voted against the matter at a community meeting on 22 November 2018. Council was represented at this meeting by Councillors and Council Officers.
IR2704783	24 March 2020	It was alleged that a candidate in the South Burnett Regional Council Local Government election, and who was not a current or former Councillor, was being continually promoted on a community social media page.	The OIA decided to take no further action pursuant to section 150Y(b) (i) of the Local Government Act 2009 on the basis that the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct by a Councillor. The OIA does not have jurisdiction to investigate the conduct of a candidate who is not a Councillor.
IR2655064	19 December 2019	It is alleged that a media article correctly reported what was said at an ordinary council meeting and two Councillor's objected to what was said and made comments at a council meeting that a journalist had incorrectly reported the issue.	The OIA dismissed this matter pursuant to section 150X(a)(ii) as the conduct does not meet the threshold for innapropriate or misconduct.
IR2619089	20 August 2019	It is alleged that a Councillor was selling alcohol from his home or shed.	The complaint was dismissed by the OIA pursuant to section 150X (a)(ii) as the alleged conduct is not within the jurisdiction of the OIA.
IR2586969	4 April 2019	It was alleged that a number of current and former Councillors engaged in inappropriate conduct when at a Council meeting held in 2012 they voted unanimously to withdraw from a funding agreement for a development project without taking into account work already undertaken.	No Further Action as advised by the Office of the Independent Assessor (OIC) - the OIC delegate made the decision to dismiss the complaint as it was determined that it does not constitute inappropriate conduct or misconduct, as per Section 150X(a)(ii) of the Local Government Act 2009 and related rather to an administrative decision of council. The complaint related to a Council decision, rather than the conduct of individual Councillors.
IR2564279	13 December 2018	Alleged that a Councillor breached Section 150K(1)(b) a policy, procedure or resolution of the local government.	Referred to the Office of the Independent Assessor (OIA) 18 December 2018 Referred by the OIA to Council 9 January 2019 In accordance with the adopted Councillor Conduct Complaints Investigation Policy: - the matter has been resolved under section 5.7 ‘Early Resolution’; and - the complaint is considered to be withdrawn
IR2564013	9 January 2019	Alleged that a Councillor made public comments on social media about the personal circumstances of a member of the public.	Referred to Office of the Independent Assessor (OIA) - 10 January 2019; Notified 23 January 2019 from OIA - It was decided not to investigate this matter further on the basis that the the complainant did not include sufficient information to properly investigate the conduct under Section 150Q(3)(b) of the Local Government Act 2009.
IR2563316	17 December 2018 (by Office of the Independent Assessor)	Alleged that a Councillor arranged a job for a family member by asking contractor and/or developer if they had any jobs going during a meeting with management	Office of the Independent Assessor advised Council that the complaint was dismissed pursuant to Section 150X(b)(iii) of the Act - lacking in substance; dismissed after preliminary assessment
IR2428287	8 November 2017	Alleged that a Councillor engaged in misconduct in terms of s.176(3)(a) of the Local Government Act 2009, being a conspiracy or attempt to engage in conduct, that adversely affects, or could adversely affect, (either directly or indirectly) the honest and impartial performance of the councillor’s responsibilities or exercise of the Councillor’s powers, when the Councillor engaged in inappropriate conversations with members of the public about the ongoing tender process for the council lease on the Coolabunia Saleyards and/or Council dip facilities, prior to the Council’s decision being made.	That the Councillor be counselled about the misconduct, and how not to repeat the misconduct. The counselling to be conducted by an appropriate Department nominated resource and the counselling to focus on the important integrity controls associated with council tender processes.
IR 2412246	3 October 2017	Alleged bullying conduct by Councillors against a fellow Councillor.	In accordance with Section 176 of the Local Government Act 2009, a preliminary assessment of the complaint has been undertaken to decide whether the complaint— (a) is about a frivolous matter or was made vexatiously; or (b) is about inappropriate conduct, misconduct, corrupt conduct under the Crime and Corruption Act or another matter (including a general complaint against the local government, for example); or (c) is lacking in substance. One (1) Councillor received a written reprimand for conduct not appropriate for a Councillor
IR 2362328	30 May 2017	Alleged inappropriate conduct pursuant to section 176 of the Local Government Act 2009 by allegedly verbally abusing a member of public during a telephone call	In accordance with Section 176 of the Local Government Act 2009, a preliminary assessment of the complaint has been undertaken to decide whether the complaint— (a) is about a frivolous matter or was made vexatiously; or (b) is about inappropriate conduct, misconduct, corrupt conduct under the Crime and Corruption Act or another matter (including a general complaint against the local government, for example); or (c) is lacking in substance. Councillor received a written reprimand for conduct not appropriate for a Councillor and advised to remedy the matter with the provision of an written apology by Friday 16 June 2017 which has been provided.
IR1691537	12 December 2016	Lodging complaint under Local Government Act 2009 in relation to the following allegations: Lack of response to email correspondence. Lack of promotion or attendance at SBRC community events. Lack of use of social media to promote SBRC and community events. Lack of response to invitations or apologies for not attending community events within his division or general SBRC area. Poor representation as identified at other community group	Following matters have been substantiated as inappropriate conduct: Lack of response to email correspondence. Lack of response to invitations or apologies for not attending community events within his division or general SBRC area. Mayor meet with Councillor and advised Councillor of responsibilities.
IR1305123	16 May 2014	Alleged inappropriate conduct pursuant to section 176 of the Local Government Act 2009 by allegedly: attempting to bully local media provider into not printing articles or advertisements perceived as detrimental to Council.	The Department considered the elements of section 177(2) of the Local Government Act 2009 (the Act) and does not consider that the complaint should be dismissed on the basis it was frivolous, vexatious or misconceived, nor does it consider the complaint to be lacking in substance or otherwise an abuse of power. The Department decided instead, pursuant to section 177(2)(c) of the Act, to take no further action in relation to the complaint.
IR1388612	10 November 2014	Alleged misconduct pursuant to section 176 (3)(b) of the Local Government Act 2009 by allegedly: not communicating with the registered licence holder before the removal of a Category R 25 lb field gun from the Burnett War Memorial Museum at the Kingaroy Airport and arranged to have it positioned at the RSL building in Murgon.	The South Burnett Regional Council referred the complaint to the Mayor, pursuant to section 181 (2)(a) of the Local Government Act 2009, an order reprimanding the councillor for the inappropriate conduct was issued.
IR1106713	29 November 2012	Alleged misconduct pursuant to section 176 (3)(b) of the Local Government Act 2009 by allegedly: Conduct in an inappropriate manner toward a member of the community in the Public Gallery	The Department of Local Government, Community Recovery and Resilience determined that, on the balance of probabilities, Councillor did not engage in inappropriate conduct.
IR1361453	20 November 2012	The Department of Local Government referred a series of allegations to the Regional Conduct Review Panel (the Panel). After a detailed examination of these, the Panel considered the following allegations: That the Councillor, who at the dates relevant to this complaint was a Councillor of the South Burnett Regional Council, (the Councillor was not a Councillor at the date of this determination), engaged in misconduct as defined in section 176(3) of the Local Government Act 2009 (the Act) in that the conduct, as set out below, involved: The performance of the Councillor responsibilities or the exercise of their powers, in a way that was not honest or was not impartial, contrary to section 176(3)(b)(i) particulars being that the Councillor used information gained through a meeting with an individual to inform and benefit a group occupying a facility owned by the council, namely the Wondai-Murgon aerodrome; and A breach of the trust placed in the Councillor, contrary to section 176(3)(b)(ii) of the Act in that the Councillor did not comply with local government principle 4(2)(c) in the Act requiring democratic representation, social inclusion and meaningful community engagement, particulars being that the Councillor did not engage in meaningful community engagement: Prior to a decision of the council at its meeting on 18 July 2012 to provide a letter to the Department of Environment and Heritage Protection (DEHP) in support of the request by St John's Lutheran Primary School to purchase from the Queensland Government 94 Ivy Street (Kingaroy )- (Lot 69 on RP221281 (being part of a park known as Adermann Park being land held in trust by the council as trustee); or After this meeting, when the Department of Natural Resources and Mines indicated by letter dated 25 September 2012, that the South Burnett Regional Council must arrange for the preparation of a land management plan for the trust land mentioned above, following Guidelines provided by the Department of Natural Resources and Mines.	The Regional Conduct Review Panel has decided, pursuant to s176A(2) of the Act to take no further action in relation to the allegations.
IR1358783	14 November 2012	Alleged breach of trust placed in him as a councillor, contrary to section 176(3)(b)(ii) of the Local Government Act 2009 (the Act) in that he did not comply with the local government principle 4(2)(c) in the Act requiring democratic representation, social inclusion and meaningful community engagement, particulars being that he did not engage in meaningful community engagement: Prior to a decision of Council at its meeting on 18 July 2012 to provide a letter to the Department of Environment and Heritage Protection (DEHP) in support of the request by St John's Lutheran School to purchase from the Queensland Government 94 Ivy Street (Kingaroy) – (Lot 69 on RP 221281 (being part of a park know as Adermann Park) being land held in trust by the council as trustee); or After this meeting, when the Department of Natural Resources and Mines indicated by letter dated 25 September 2012, that the South Burnett Regional Council must arrange for the preparation of a land management plan for the trust land mentioned above, following Guidelines provided by the Department of Natural Resources and Mines.	The Regional Conduct Review Panel determined that, based on the onus of proof being the balance of probabilities, the allegation has not been sustained.
IR1361371	16 November 2012	That Councillor engaged in misconduct as defined in section 176(3) of the Local Government Act 2009 (the Act) in that his conduct, as set out below, involved: the performance of Councillor responsibilities or the exercise of the Councillor powers, in a way that was not honest or was not impartial, contrary to section 176(3)(b )(i) of the Act, particulars being that he provided misleading information to the South Burnett Regional Council at its meeting on 20 June 2012 and/ or its meeting on 18 July 2012 regarding the support of the Adermann family to the sale of part of Adermann Park as mentioned in (2). a breach of the trust placed in the Councillor, contrary to section 176(3)(b)(ii) of the Act in that he did not comply with local government principle 4(2)(c) in the Act requiring democratic representation, social inclusion and meaningful community engagement, particulars being that he did not engage in meaningful community engagement: prior to a decision of the council at its meeting on 18 July 2012 to provide a letter to the Department of Environment and Heritage Protection (DEHP) in support of the request by St John's Lutheran Primary School to purchase from the Queensland Government 94 Ivy Street (Kingaroy)- (Lot 69 on P221281 (being part of a park known as Adermann Park being land held in trust by the council as trustee); or after this meeting, when the Department of Natural Resources and Mines indicated by letter dated 25 September 2012, that the South Burnett Regional Council must arrange for the preparation of a land management plan for the trust land mentioned above, following Guidelines provided by the Department of Natural Resources and Mines.	The Regional conduct Review Panel determined that the allegation was sustained. The Panel made the following orders: That the Councillor make an apology at an open Council Meeting on 22 January 2014 or 19 February 2014 for providing misleading information to the Council. That the Councillor pay the Local government the penalty of $1,000 imposed by the Panel on or before Friday 28 March 2014. The Regional Conduct Review Panel determined the allegation was not sustained.
IR1311787	15 August 2012	Alleged breach of trust pursuant to section 176 (3)(b)(ii) of the Local Government Act 2009 by allegedly: By acting contrary to the Local Government Act 2009 local government principles (in particular the principle of ethical and legal behaviours of Councillors and local government employees)[s4 (2)(e)]) by allegedly representing the St John's Lutheran Church (for which the subject Councillors holds the position of committee member, as well as treasurer for the St John's Lutheran Primary School) rather than representing the South Burnett Regional Council as an elected official whilst attending a community consultation event regarding the sale of Council land to the church.	The Regional Conduct Review Panel determined in respect to the allegations that, on the standard of proof in the hearing, namely the balance of probabilities (refer to s179(5) of the Act, the Councillor did not breach the trust placed in him as a councillor by acting contrary to the principle of ethical and legal behaviour required of a councillor under the Act.
IR1311787	15 August 2012	Alleged breach of trust pursuant to section 176 (3)(b)(ii) of the Local Government Act 2009 by allegedly: Providing misleading comments in a radio interview regarding the proposed St John's Lutheran Church development application Allowing Councillor to represent the St John's Lutheran Church rather than as a member of the Council, in a community consultation meeting regarding the sale of Council land.	The Regional Conduct Review Panel determined in respect to each of the two allegations that, on the standard of proof in the hearing, namely the balance of probabilities (refer to s179(5) of the Act, Councillor did not breach the trust placed in him as a councillor pursuant to s176(3)(b)(ii) of the Act.
IR950538	24 October 2010	Alleged breach of trust - alleged the Councillor did not act in the best interests of the community by moving a motion in Council to approve a development application overriding the Planning Scheme and against town planners' recommendations Alleged breach of trust by not informing the complainant of the date of the meeting at which the objections were to be heard after the Councillor had undertaken to do so.	The Regional conduct Review Panel determined that the allegation was not sustained. The Regional Conduct Review Panel determined the allegation was sustained. The Panel made the following recommendations: That the Councillor make an apology to the complainant. (Apology sent 11 July 2011) Department monitor the local government for compliance with the Local Government Acts in relation to future development applications for the next twelve months.
IR927833	6 September 2010	Alleged official misconduct - Complainant alleged the Councillor had misused his authority in dealings with an associate's development application for a material change of use for a waste management facility without undertaking the requisite processes and involving the required concurrent agencies.	The Department of Infrastructure and Planning, on completion of their review, determined that there was no evidence to support further investigation of the allegation.

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Outcomes of Complaints about Councillors