Message from the President
During the current (and rapidly evolving) situation surrounding COVID-19, the health and safety of our members, staff of the Office of the Independent Assessor, departmental staff and councillors and others attending contested hearings is our top priority. Accordingly, I have taken the decision to suspend all face-to-face publicly held hearings for a period of up to 3 months unless it is appropriate to conduct the hearing by teleconference or video link. The situation will be monitored, and further advice will be provided if there is a need to change this timeframe.
On 16 April 2020 the Tribunal issued Practice Direction #1 2020 (PDF, 100KB) and supporting Protocol document (PDF, 159KB) advising how the Tribunal will deal with matters in response to the COVID-19 pandemic.
The Councillor Conduct Tribunal has been established under the Local Government (Councillor Complaints) and Other Legislation Amendment Act 2018.
The Tribunal is an independent body, made up of six members and a president appointed by the Governor in Council. It is responsible for dealing with complaints of misconduct by councillors.
The Department of Local Government, Racing and Multicultural Affairs provides administrative and secretariat assistance to the Tribunal to enable it to effectively perform its responsibilities.
The functions of the Tribunal are:
- to hear and decide complaints of misconduct by councillors as referred by the Office of the Independent Assessor
- to investigate the suspected inappropriate conduct of a councillor referred to the local government, by the assessor and to be dealt with by the local government
- to make recommendations to the local government about dealing with the conduct.
After conducting a hearing, the Tribunal must decide whether or not the councillor has engaged in misconduct. If the Tribunal decides the councillor has engaged in misconduct, the Tribunal must then decide what action it will take to discipline the councillor.
The Tribunal may decide:
- that no action be taken against the councillor
- to make one or more of the following orders or recommendations that the councillor—
- make a public admission that the councillor has engaged in misconduct
- attend training or counselling to address the councillor’s conduct, including at the expense of the councillor
- pay to the local government an amount that is not more than the monetary value of 50 penalty units
- reimburse the local government for all or some of the costs arising from the councillor’s misconduct
- is not to act as the deputy mayor or the chairperson of a committee of the local government for the remainder of the councillor’s term
- is not to attend a stated number of local government meetings, up to a maximum of 3 meetings
- is removed, or must resign, from a position representing the local government, other than the office of councillor; or
- an order reprimanding the councillor for the conduct
The Tribunal must keep a record and provide a notice of the decision including the reasons for the decision to:
- the assessor; and
- the councillor; and
- the local government; and
- where possible the person who made the complaint.
Generally, a notice about a decision given to the assessor or councillor must be a QCAT Information notice for the decision.
Notice of Hearing
Pursuant to section 298 of the Local Government Regulation 2012, the President of the Tribunal advises details of the following hearing:
Independent Assessor v Councillor Tyson Golder
Date: 30 September 2020
Location: Via videoconference in accordance with Practice Direction #1 of 2020 ‘Use of Technology during COVID-19 response practice direction section 150DV Local Government Act 2009’.
A person who is entitled under section 150AS(3) of the Act to be given a QCAT information notice for a decision of the Tribunal may apply to QCAT, as provided under the QCAT Act, for a review of the decision.
For general enquiries: