1 William Street Brisbane Queensland 4000

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City East Queensland 4002

Telephone + 61 3719 7100

Email deputy.premier@ministerial.qld.gov.au Website www.statedevelopment.qld.gov.au

ABN 65 959 415 158

Our ref: OUT21/5117

25 October 2021 Mr Chris Whiting MP Chair of Committee and Member for Bancroft State Development and Regional Industries Committee Parliament House George Street BRISBANE QLD 4000 SDRIC@parliament.qld.gov.au Dear Mr Whiting In the last week there has been considerable media coverage of matters involving the Office of the Independent Assessor (OIA). This coverage has concerned, in particular, the actions of the OIA in respect of complaints against Cr Sean Dillon, Mayor of Barcaldine Regional Council, and Margaret Strelow, former Mayor of Rockhampton Regional Council. This follows recent media coverage of the OIA’s actions towards the Fassifern Guardian and Tribune in connection with a complaint of its motion against Scenic Rim Regional Councillor Derek Swanborough. Media coverage of these matters has generated a public discussion about the role of the OIA and the performance of its functions. I have also received correspondence from the Queensland Council of Civil Liberties (QCCL) and the Local Government Association of Queensland (LGAQ) expressing concern about the reported actions of the Independent Assessor and support for a review by the Parliamentary Committee into these matters. This correspondence is attached. As the Committee will recall, the local government integrity system that commenced in 2018 involved the establishment of two independent statutory bodies and key appointments, being the Independent Assessor and the Councillor Conduct Tribunal (CCT). Earlier this year my department undertook an analysis of arrangements, resourcing, activity levels, some stakeholder assessment and general effectiveness of the local government integrity system. The report made some observations and recommendations that have assisted in addressing operational matters, stabilizing resourcing in the Office of the Independent Assessor (OIA) for two years, additional support for the CCT, the working arrangements between the OIA, CCT and my department and also to identify areas for potential future law reform. The department concluded that the application of the councillor complaints system as defined under the Local Government Act 2009 is leading to overly legalistic, complex and adversarial practices not anticipated or intended by Government. Specifically, impacts on both councillors and the system itself are greater than forecast, by reference to higher than expected numbers of complaints received, the number of investigations undertaken by the OIA, the number of applications that proceed to the CCT for hearing and now a number of those decisions being reviewed in the Queensland Civil and Administration Tribunal (QCAT).

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I note under the Standing Orders (SO 194A), the functions of the State Development and Regional Industries Committee with respect to the Independent Assessor are to monitor and review the Independent Assessor’s performance of the functions of the office; and-

• report to the Legislative Assembly on: o any matter concerning the Independent Assessor, the Assessor’s functions, or

the performance of those functions that the committee considers should be drawn to the Legislative Assembly’s attention

o any changes to the functions, structures and procedures of the Independent Assessor that the committee considers desirable for the more effective operation of the Independent Assessor or of the Local Government Act 2009.

• examine the annual report of the Independent Assessor and, if appropriate, comment on any aspect of the report.

I request the State Development and Regional Industries Committee to exercise its functions to report to Legislative Assembly on the Independent Assessor’s functions and the performance of those functions. I ask that the report consider:

• whether the performance by the Independent Assessor of the Independent Assessor’s functions is consistent with the intent of the local government complaints system,

• whether the powers and resources of the Independent Assessor are being applied in accordance with the public interest, and

• any amendments to the Local Government Act 2009 or changes to the functions, structures or procedures of the Independent Assessor that the committee considers desirable for the more effective operation of the Independent Assessor and/or the local government complaints system.

In undertaking this review I ask that you give consideration to the matters raised in correspondence by the QCCL and the LGAQ, and the findings and recommendations of the departmental review of the local government complaints and integrity framework undertaken earlier this year. If you require any further information regarding this matter, please contact Ms Danielle Cohen, Chief of Staff in my office, by email at or by telephone on ( Yours sincerely

STEVEN MILES MP DEPUTY PREMIER Minister for State Development, Infrastructure, Local Government and Planning Minister Assisting the Premier on Olympics Infrastructure Encs: (2)

QUEENSLAND COUNCIL FOR CIVIL LIBERTIES

Protecting Queenslanders’ individual rights and liberties since 1967

Watching Them While They’re Watching You

qccl.org.au @LibertyQld _________________________________________________________

PO Box 2281, Brisbane QLD 4001 forum.qccl@gmail.com Enquiries:

Media Enquiries: Terry O’Gorman, Vice President:

22 October 2021 The Hon Dr Steven Miles Deputy Premier and Minister Parliamentary Committee for State Development, Infrastructure, Local Government and Planning Deputy.premier@ministerial.qld.gov.au Dear Minister RE: OFFICE OF THE INDEPENDENT ASSESSOR I refer to recent articles in the Courier Mail in relation to the involvement by the Office of the Independent Assessor (OIA) in relation to the following matters:-

 Barcaldine Regional Mayor Sean Dillon;

 The Fassifern Guardian & Tribune issue; and

 Former Rockhampton Mayor Margaret Strelow. In relation to the Barcaldine Mayor it has been reported that his critical comments about vaccine rollout plans by the Local Public Health Service were the subject of a Notice from the OIA of a suspicion of inappropriate conduct on the basis of an alleged assertion by the OIA that “To make such statements in the public forum is not in the best interests of the community”. In relation to the Fassifern Guardian & Tribune the Courier Mail has reported that two journalists were ordered to the OIA ‘Star Chamber’ in relation to a quote that newspaper ran from a Local Councillor concerning that Councillor’s involvement with the OIA. It is this Council’s view that the Courier Mail has raised important public issues as to the extent to which the OIA may be improperly exercising its powers where it is arguably contrary to the provisions of the OIA’s statute with the result that free speech incursions are occurring in relation to the ability of Local Councillors to exercise their public duty to engage in appropriate criticism of matters affecting Local Government in Queensland.

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I respectfully submit that the above issues should be referred to the State Development and Regional Industries Committee of the Queensland Parliament for its investigation and assessment as to whether the statute governing the OIA needs to be amended to ensure that that Office is restricted to its core duties and not engage in overreach that affects Local Councillors’ fundamental rights to freedom of expression. It is to be observed that the OIA has significant Crime Commission style powers in that its statute provides for the ability to obtain a Magistrate’s Warrant for entry, search and seizure as well as ‘Star Chamber’ proceedings forcing Councillors and others to attend closed Hearings for questioning. The current Inquiry being conducted by the supervising Parliamentary Committee of the Crime and Corruption Commission demonstrates the importance of the detailed forensic examination of that Crime Commission in relation to the controversy raised by the prosecution of the so-called Logan 8 Councillors. The Office of the Independent Assessor has been in existence now for a number of years and has not been the subject of a public Parliamentary Committee examination as to whether the manner in which it carries out its duties is consistent with the aims and goals of its originating statute. This Council urges you to refer the above issues to the State Development and Regional Industries Committee of the Queensland Parliament for examination and a public hearing similar to that which has recently been conducted by the Parliamentary Committee in respect of the Crime and Corruption Commission. Yours faithfully QUEENSLAND COUNCIL FOR CIVIL LIBERTIES TERRY O’GORMAN VICE-PRESIDENT

LTR MILES S 20211022 TOGDT