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.

Councillor Conduct Decisions (LGA section 150DX and 150DY)

Date of decision

Subject Councillor

Decision/reasons

18 July 2023

OIA ref C/22/00177

TSIRC REF C2022_324

Cr Hilda Mosby (Masig/Yorke Island)

Council resolves to

accept the investigator’s finding that Cr Hilda Mosby engaged in inappropriate conduct during the course of a heightened interaction between Cr Mosby and a staff member in March 2022; and
accept the investigator’s conclusion that Cr Mosby has breached the Queensland Government Code of Conduct for Councillors in Queensland; and
remind Cr Mosby of her obligations under the Code of Conduct for Councillors in Queensland; and
order Cr Mosby to review and refresh her knowledge of the Code of Conduct for Councillors in Queensland.

16 February 2022

OIA ref C/21/00634

TSIRC REF C2021_247

Cr Aven Noah (Mer/Murray Island)

Council resolved to:

Note Cr Aven Noah’s admission that he engaged in inappropriate conduct by making inappropriate gestures in front of community members on two occasions; and
reprimand Cr Noah for his inappropriate conduct; and
order Cr Noah to review and refresh his knowledge of the Code of Conduct for Councillors in Queensland.

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

Date of complaint (for a dismissed complaint)	Date of decision (no further action)	Summary of the Complaint	Reason for dismissal or no further action
16 December 2022 OIA ref C/21/00656 TSIRC ref C2022_326		13 December 2023 It was alleged that a Councillor failed to declare a declarable conflict of interest at a meeting of council.	The OIA withdrew its application to the Councillor Conduct Tribunal pursuant to section 150AKA (1) of the Local Government Act 2009 (Qld), being satisfied that withdrawal of the application is in the public interest, for the following reasons: 1. The evidence of decision-making at the relevant meeting is limited, which in the Independent Assessor's view reduces the seriousness of the alleged misconduct; and 2. The capacity issues at council that contributed to the alleged misconduct are better addressed by other agencies.
21 October 2022 OIA ref C/22/00800 TSIRC ref C2022_329		A Councillor was alleged to have received council benefits they were not entitled to due to a failure to report a change of circumstances.	The OIA dismissed this matter pursuant to section 150X(c)(ii) of the Local Government Act 2009 as a related aspect of the complaint had already been dealt with by another entity with no further action taken. Furthermore, the Councillor received some conflicting advice regarding his eligibility to receive some of these benefits. It has been recommended to Council that funds extended to the Councillor prior to the receipt of conflicting advice by the Councillor should be recovered by Council.
11 August 2022 OIA REF C/22/00581		It is alleged a Councillor has engaged in inappropriate conduct by intimidating staff and creating a toxic culture.	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 noted that the anonymous complaint lacked detail and did not particularise any specific instance where the Councillor had acted inappropriately.
1 August 2022 OIA REF C/22/00542 OIA REF C/22/00543		It is alleged that a Councillor failed to address the conduct of another Councillor who had verbally attacked a council officer.	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. Independent witnesses nominated by the complainant did not support the allegations as described.
01 August 2022 OIA REF C/22/00540		It is alleged a Councillor had misused council funds to travel to Cairns and that these visits were for personal reasons	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 made the necessary enquiries with council to understand the Councillor’s travel to attend meetings. It was noted that Councillors are required to travel outside the local government area to advocate for council funding and projects with the private sector and at a State and Federal Government level. Due to the unique geographical nature of the local government area comprising 15 Island divisions, it was also necessary for council meetings to often occur outside the local government area, in larger city centres, to enable attendance and presentations by senior staff who do not reside within the local government area. Council is looking to utilise technology to ensure that community engagement by Councillors is improved going forward.
10 May 2022 OIA ref C/22/00291		It was alleged that a Councillor was using an Executive Assistant as a Councillor advisor contrary to section 197D of the Local Government Act 2009.	The OIA dismissed this matter pursuant to section 150X(c)(ii) of the Local Government Act 2009 as taking further action would be an unjustifiable use of resources. Enquiries with Council have confirmed that clear role definition has been provided and is being monitored by the CEO, being the officer to whom the position reports.
18 January 2022 OIA REF C/22/00023 TSIRC REF C2021_246		It is alleged a Councillor breached a policy of council in relation to council provided facilities.	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.
5 October 2021 OIA REF C/21/00657		It was alleged that a Councillor failed to deal with a declarable conflict of interest as required by section 150EQ of the Local Government Act 2009.	After conducting a full investigation, the OIA decided to dismiss the complaint pursuant to section 150X(c)(i) as it was considered not in the public interest to proceed with the matter. In making that decision, the OIA considered the context of several Councillors being conflicted and issues of capacity and understanding around the conflict of interest requirements. The Councillor has been advised that further complaints relating to their failure to appropriately deal with the alleged interest will be investigated as potential misconduct.
5 October 2021 OIA ref C/21/00658 TSIRC REF2022_298		It was alleged that a Councillor failed to declare a declarable conflict of interest at a meeting of council.	The OIA dismissed the complaint pursuant to section 150X(c)(ii) of the Local Government Act 2009 as it would be an unjustifiable use of resources. This was on the basis it was the first time the matter was presented in a meeting attended by the Councillor, no votes were taken as a result of the presentation, and an educative approach to address the omission would be a more appropriate outcome taking into consideration all known circumstances of the matter.
26 July 2021 OIA ref C/21/00485 TSIRC REF2022_280		It was alleged that a Councillor failed to address unsuitable meeting conduct by another Councillor.	After an investigation, the OIA decided to dismiss the complaint pursuant to section 150X(c)(i) of the Local Government Act 2009 as dealing with the complaint is not in the public interest on the basis the unsuitable meeting conduct was addressed at a later time by the Councillor.
5 October 2021 OIA ref C/21/00659 TSIRC REF2022_297		It was alleged that a Councillor failed to declare a declarable conflict of interest at meetings of council.	The OIA dismissed the complaint pursuant to section 150X(a)(ii) of the Local Government Act 2009 as the conduct does not constitute inappropriate conduct or misconduct on the basis the Councillor was not present in meetings when the relevant content was discussed.
8 April 2022 OIA REF C/22/00121 TSIRC REF C2021_260		It is alleged a Councillor engaged in misconduct when the Councillor disclosed information that was confidential to council about a project. It was further alleged a Councillor had not used the correct criteria in recommending projects for the Councillor’s community.	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. The OIA identified that the plug in allocation of two relevant houses was undertaken in accordance with set criteria and aligned with a priority list provided by the responsible state government department. There was no evidence to prove that the Councillor had provided the information, as the OIA located evidence to suggest the information could have come from elsewhere.
	4 March 2022 OIA REF C/22/00095 TSIRC REF2022_279	It is alleged a Councillor directed a council employee to deal with a matter in contravention of a council policy on the use of council facilities. It was further alleged the Councillor had directed a council contractor about an issue.	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 Council officer stated that they were not directed but made a decision about a matter in consultation with a Councillor. The decision was not in breach of a council policy at that time but council have advised that policy is being updated. In relation to the direction of a contractor, the direction provisions under section 170 of the Act do not apply as contractors are not considered to be local government employees under the Act.
7 February 2022 OIA REF C/22/00073 TSIRC REF2022_285		It is alleged a Councillor has breached a policy of Council by meeting with a state government employee	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. The OIA noted that there was insufficient detail in the anonymous complaint to identify a conduct breach.
4 February 2022 OIA REF C/22/00072 TSIRC REF C2022_274		It is alleged a Councillor has incorrectly used Council resources	The OIA dismissed this matter pursuant to section 150X(c)(ii) of the Local Government Act 2009 as the assessor was satisfied that further dealing with the complaint or information would be an unjustifiable use of resources. The issue arose after a recent change to Council resources. The Acting CEO has advised that the matter will be addressed to ensure compliance with the Act.
3 February 2022 OIA REF C/22/00071 TSIRC REF2022_284		It is alleged a Councillor breached a policy of Council related to the use of council facilities for private use.	The OIA dismissed this matter pursuant to section 150X(c)(ii) of the Local Government Act 2009 as the assessor was satisfied that further dealing with the complaint or information would be an unjustifiable use of resources. The Councillor when he became aware of the policy breach ceased using the Council provided facilities for his private employment. The Councillor was advised to familiarise himself with the provisions of the Policy and as a first term Councillor seek advice from Council as to this and other policies that are relevant to his role as a Councillor.
	2 February 2022 OIA REF C/22/00045 OIA REF C/20/00823 TSIRC REF C2019_141	It is alleged a Councillor has breached a council policy in relation to the use of a council asset	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 matter is being dealt with by another agency.
11 October 2018 OIA REF.C/18/00224 TSIRC REF C2018_123		It was alleged that a Councillor held hardly any sessions for the people of the Councillor’s division to receive information and provide feedback when the Councillor returned from trips away from the community. It was also alleged that the Councillor demonstrated bias and nepotism. The complainant requested that the Councillor step down on the basis that the public had lost confidence in the Councillor.	The OIA decided not to investigate the complaint pursuant to section 150Q(3)(a) of the Local Government Act 2009 on the basis that the original complaint did not include sufficient information to properly assess the complaint, and the complainant has not provided requested further information.
5 October 2021 OIA REF C/21/00857 OIA REF C/22/00039 TSIRC REF C2021_254		It is alleged a Councillor failed to respond to a request for information from a member of the public relating to booking a community facility	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 issue raised by the complainant related to an operational matter which is the responsibility of the CEO and Council Officers not Councillors.
6 December 2021 OIA REF C/21/00857 OIA REF C/21/00858		It is alleged two Councillors failed to respond to a request for information from a member of the public relating to booking a community facility	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 issue raised by the complainant related to an operational matter which is the responsibility of the CEO and Council Officers not Councillors.
4 November 2017 TSIRC REF C2017_86 19 December 2018 OIA REF C/18/00353	25 June 2019 OIA REF C/18/00353	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.
21 November 2021 OIA REF C/21/00828 TSIRC REF C2021_268		It was alleged that a Councillor lied or concealed information about their knowledge of a residential property matter. That the Councillor advised a resident they would follow-up and make inquiries about a matter, however the Councillor did not provide any further information.	The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 on the basis that the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct. The OIA considered that the Councillor advised the resident that the matter would be best handled by the relevant area of Council. The Councillor also advised the appropriate Council Officer the following day of the issue and the Councillor was not involved any further.
9 June 2021 OIA REF C/21/00376 TSIRC REF C2021_235		It is alleged a Councillor has failed to meet his responsibilities in relation to a registered native title prescribed body corporate.	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 within the meaning of the Act. The OIA noted that the allegations related to the Councillor’s position on the PBC and PBC governance issues that do not come under the jurisdiction of OIA.
8 December 2020 OIA REF C/20/00902 TSIRC REF2022_278		A service delivery complaint arising out of the complainant’s dealings with Council Officers in relation to housing and tenancy arrangements.	The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 on the basis that the complaint did not raise a reasonable suspicion of inappropriate conduct or misconduct by a Councillor. The complaint relates to the conduct of a Council Officer and not a Councillor and is therefore outside of the OIA’s jurisdiction under the Act.
9 September 2020 OIA ref C/20/00653 TSIRC REF2022_277		It was alleged a Councillor had engaged in misconduct by not showing an appropriate level of impartiality, failing to appropriately declare a material conflict of interest, directing Council officers and influencing Council decisions to the benefit of an external body. These allegations were raised against a background of Council's position on proposed regional social housing reform.	The OIA dismissed this matter pursuant to section 150X(c)(ii) of the Local Government Act 2009 on the basis further dealing with the complaint is not in the public interest. The Councillor had appropriately declared and dealt with their interests at the relevant Council meetings, Council is seeking legal advice on the matter and Ministerial approval has been sought for all Councillors to participate in decision on the matter. In the absence of a Council decision, no formal commitment has been made to proposed regional social housing reform
28 March 2018 OIA ref C/19/00321 TSIRC REF C2018_105		It was alleged that a Councillor released confidential information regarding Council’s procurement for the construction of duplexes to another tenderer.	The OIA dismissed this matter pursuant to section 150X(c)(ii) of the Local Government Act 2009 as it was considered to be an unjustifiable use of resources to continue investigation given the subject Councillor is no longer in office and the complainant has not provided requested documentation.
Updated 3 April 2024.

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_52	Councillor David Bosun (Arkai/Kubin Community at Moa Island)	Allegation of misconduct. the complaint was referred to the Department of Infrastructure, Local Government and Planning. The complaint was assessed and investigated. The investigation was discontinued and no further action was taken.
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.