Committee structure set up to manage matters affected by COI

Cairns Regional Council today endorsed a new standing committee structure to manage instances where the majority of Councillors have a perceived conflict of interest.

The decision comes after the State Government last week made amendments to the Belcarra legislation, but removed all reforms relating to conflicts of interest which has affected Cairns Regional Council since the legislation was introduced in May 2018.

“It is disappointing that Councils in Queensland have been let down yet again. We have been waiting for the unintended consequences of this flawed legislation to be rectified for 18 months,” Mayor Bob Manning said.

“The Bill has been on the legislative agenda for all parliamentary sittings since May this year and, despite repeated assurances, it failed to progress.

“Now that it is apparent there is no immediate rectification, it is quite proper that Council should move to manage the situation in the best way we can.”

Cr Manning moved that the Council implement the short-term solution of four standing committees to manage matters where a majority of Councillors declared a perceived conflict of interest.

“In doing this, we must ensure that the structure will be simple and not be unnecessarily cumbersome,” he told the meeting.

The Mayor will be the Chair of each committee (as required by the Local Government Act 2009 Section 12 (4)(g)), Cr Linda Cooper will be Deputy Chair of Committees A, B and C, while Cr Cathy Zeiger will be Deputy Chair of Committee D.

“Council acknowledges that this is an interim solution and we, together with the Local Government Association, will continue to apply pressure on the State Government to resolve this matter so Councils can get on with the job they were elected to do.

Cr Manning said the decision in February to delegate matters to the CEO was quite appropriate at the time, given the assurances that the State would amend the flawed legislation in a timely manner.

“In moving this motion, let me be clear. In no way should it be taken as a reflection that Council has done anything improper by delegating these matters to the CEO at a time when the State gave assurances that it would act quickly to fix the legislation,” he told the meeting.

“At all times, Council’s actions have been consistent with what the Act had told us to do in this situation – a situation which came about due to defective legislation by the State Government.

“This is making the right decision for this time and in direct response to what the State Government did last week in deciding not to deal with this matter yet again.”

TIMELINE

  • May 2018: Legislation was passed that had significant unintended consequences on this and other Councils.
  • August 2018: Amendments to rectify the flaws imposed by this legislation was drafted.
  • November 2018: The amendments were expected to be passed but were withdrawn.
  • February 2019: Council resolved to review the matter in May if there was no meaningful progress being made.
  • May 2019: A Bill which would have rectified these unintended consequences which this and other Councils, was introduced to the Parliament.
  • 20 June 2019: Having been considered by the Economics and Governance Committee, a report is tabled back to Parliament with one simple recommendation: That the Bill be passed.
  • June-October 2019: Bill remains on legislative agenda for all parliamentary sittings.
  • October 2019: Minister for Local Government advised the Parliament that reforms relating to way conflicts of interest are handled had been withdrawn to consider the Crime and Corruption Commission’s recommendations for managing conflicts of interest at the State level allow issues experienced with State politicians to be considered.

/Public Release. View in full here.