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Councillor Conduct Register

The Local Government Act 2009 (Qld) sets out rules for how Council must deal with a complaint about the conduct and performance of councillors.

Council is required under section 150DX to keep a record about:

  • orders made about the unsuitable meeting conduct of councillors at its local government meetings
  • decisions about the suspected inappropriate conduct of councillors referred to the local government
  • decisions made by the conduct tribunal about whether or not councillors engaged in misconduct
  • complaints about the conduct of councillors dismissed by the Office of the Independent Assessor
  • any decisions by the Office of the Independent Assessor to take no further action in relation to the conduct of councillors investigated by the assessor

These records are available below and can also be requested by contacting Council.

Complaints which the Office of the Independent Assessor (OIA) has dismissed or taken no further action on

Date of complaint Summary of complaint Reason for no further action
19 December 2018 It was alleged a councillor misused their authority and failed to declare a conflict of interest in relation to a decision relating to community housing. The OIA decided to take no further action about the conduct of the councillor pursuant to section 150Y(b)(i) of the Local Government Act 2009 on the basis an investigation determined the conflict of interest had been declared and there was no direct evidence of any misuse of authority.

 

The following table is a record of all Councillor conduct complaints received by Council's Chief Executive Officer under the councillor conduct regime that was replaced in 2018, and the outcome of each complaint, including any disciplinary action or other action that was taken in relation to the complaint.

Reference number Subject of complaint Complaint outcome
C2016_44 Councillor Bob Kaigey (Mer) Allegation of inappropriate conduct. Complaint withdrawn.
C2015_30 Councillor Joel Gaidan (Dauan) One allegation of misconduct was referred to the Department of Infrastructure, Local Government and Planning. The Department referred the alleged misconduct to the Local Government Regional Conduct Review Panel. At the time of hearing, Mr Gaidan was no longer a Councillor. The allegation of misconduct was found to be substantiated. The Panel ordered Mr Gaidan to pay a penalty amount to Council and noted that Mr Gaidan had already reimbursed Council.
C2015_28 Councillor Willie Lui (Warraber) Two allegations of inappropriate conduct were found to be substantiated.
While it was open to the Complaint Officer to make an order reprimanding the former Councillor for his inappropriate conduct, it was not considered to be in the public interest to do so. This decision applied section 176A of the Local Government Act 2009 (Qld) and took into account that Mr Lui was not re-elected as Councillor for Warraber in the March 2016 local government election.
C2015_27 Councillor Willie Lui (Warraber) Two allegations of inappropriate conduct were found to be substantiated.
While it was open to the Complaint Officer to make an order reprimanding the former Councillor for his inappropriate conduct, it was not considered to be in the public interest to do so. This decision applied section 176A of the Local Government Act 2009 (Qld) and took into account that Mr Lui was not re-elected as Councillor for Warraber in the March 2016 local government election.
C2015_19 Councillor Willie Lui (Warraber) Allegation of inappropriate conduct. Complaint withdrawn.
C2015_17 Councillor Willie Lui (Warraber)

The allegations of inappropriate conduct were found to be substantiated.
While it was open to the Complaint Officer to make an order reprimanding the former Councillor for his inappropriate conduct, it was not considered to be in the public interest to do so. This decision applied section 176A of the Local Government Act 2009 (Qld) and took into account that Mr Lui was not re-elected as Councillor for Warraber in the March 2016 local government election.

C2015_15 Councillor Joel Gaidan (Dauan) Allegations of misconduct were referred to the Department of Infrastructure, Local Government and Planning. The Department referred the alleged misconduct to the Local Government Regional Conduct Review Panel. The allegation of misconduct was found to be substantiated. The Panel ordered that Cr Gaidan make an apology at the first possible open meeting of Council; that Cr Gaidan reimburse Council; and that Cr Gaidan pay a penalty to Council. The matter was tabled at the December 2015 Council Ordinary Meeting, where Cr Gaidan apologised before Council. The matter was recorded in the Minutes of the December 2015 Council Ordinary Meeting (item 17).
C2015_14 Councillor Ron Enosa (Saibai) One allegation of misconduct was referred to the Department of Infrastructure, Local Government and Planning. The Department referred the complaint to the Local Government Regional Conduct Review Panel. At the time of hearing, Mr Enosa was no longer a Councillor. The allegation of misconduct was found to be substantiated. The Panel ordered Mr Enosa to reimburse Council.
C2015_11 Councillor Willie Lui (Warraber) One allegation of inappropriate conduct was found to be substantiated. A written reprimand was issued to the Councillor. The Decision Notice was tabled in Closed Business at the next available Council Ordinary Meeting.
C2014_07 Councillor Mario Sabatino (Hammond Island) Two allegations of inappropriate conduct. The allegations were found to be unsubstantiated.
C2017_77 Councillor Clara Tamu (Warraber) Allegation of inappropriate conduct. The allegation was found to be unsubstantiated.
C2018_93 Councillor David Bosun (Kubin Community at Moa Island) Four allegations of inappropriate conduct. Three allegations were not able to be substantiated. One allegation was found to be unsubstantiated.