Local Government Act 2009

Local governments. Every Queensland local government outside Brisbane is directly constituted and regulated by the Act. This includes 77 local governments ranging from large regional councils to small shires. The Act applies to indigenous regional councils with special provisions in Part 4 of Chapter 3 for Aurukun Shire Council, Mornington Shire Council and other indigenous local governments, including separate management of trust land.

Councillors. Each councillor is subject to statutory responsibilities under s 12 including representing current and future interests of residents, ensuring the local government discharges its responsibilities, achieving its corporate plan, complying with laws, providing high quality leadership, participating in meetings and decision-making, and being accountable to the community. The mayor has additional responsibilities including leading meetings, providing strategic direction to the CEO, directing the CEO under s 170, conducting annual CEO performance appraisals, and being the official spokesperson (s 12(4)).

Local government employees. Section 13 imposes responsibilities on all employees including implementing policies, carrying out duties impartially and with integrity, observing ethics principles under the Public Sector Ethics Act 1994, and complying with codes of conduct. The chief executive officer has extra responsibilities including managing the local government, establishing access and equity practices, and safe custody of records.

The Minister and the department. The Minister exercises significant oversight powers including the ability to suspend or revoke local laws (s 38AB), remove unsound decisions (s 121), suspend or dismiss councillors (s 122), and dissolve local governments (s 123). The department's chief executive can appoint advisors and financial controllers (ss 117-118) and monitor council performance (s 115).

The Independent Assessor and the Office of the Independent Assessor. Established under s 150CT, the Independent Assessor is appointed by the Governor in Council (s 150CV) and has functions including assessing and investigating councillor conduct, providing advice, prosecuting offences against conduct provisions, and dealing with corrupt conduct referred by the Crime and Corruption Commission (s 150CU).

The Councillor Conduct Tribunal. Established under s 150DK, the conduct tribunal hears applications from the assessor about misconduct and connected conduct breaches. It can make orders including public apologies, reprimands, training orders, fines up to 50 penalty units, orders to reimburse costs, and recommendations to the Minister for suspension or dismissal (s 150AR).

The Local Government Change Commission. An independent body under the electoral commission that assesses whether proposed local government changes are in the public interest (s 19).

Joint local governments. Entities established under Chapter 2A where two or more local governments agree to transfer responsibilities to a joint body. Joint local governments are bodies corporate (s 25D) with the same powers as local governments for performing their responsibilities (s 25E), but cannot levy rates or charges on land (s 25F).

Ratepayers and the public. The public has rights to inspect local laws registers (s 31), roads maps and registers (s 74), delegations registers (s 260), and councillor conduct registers (s 150DX). Ratepayers are liable for rates and charges levied under Part 1 of Chapter 4, and overdue rates become a charge on the land with priority over other encumbrances except those in favour of the State or government entities (s 95).

Councillor duties. The most fundamental duty is in s 12(7): when performing a responsibility, a councillor must serve the overall public interest of the whole local government area. This overrides sectional interests and requires councillors to consider the entire area, not just their division.

Councillors must complete approved training courses (s 169A). The training must be completed within the period prescribed by regulation, unless the department's chief executive extends it. Failure to comply can lead to suspension or dismissal under s 122.

Councillors must make the declaration of office before acting (s 169) and must not act if disqualified under Division 1 of Part 2 including for certain convictions, bankruptcy, or being a prisoner (ss 153-158).

Conflict of interest obligations. The Act imposes strict obligations on councillors with conflicts. A councillor with a prescribed conflict of interest must not participate in related decisions (s 150EK), must disclose the conflict (s 150EL), and must leave the meeting while the matter is discussed and voted on (s 150EM). Contravention of s 150EK or s 150EL is misconduct under s 150L(1)(c)(iii).

A councillor with a declarable conflict of interest must not participate unless authorised by a decision of eligible councillors (s 150EPA), must disclose the conflict (s 150EQ), and must comply with resolutions about participation (s 150ES). Eligible councillors must decide whether the councillor may participate or must leave. Failure to comply with a decision to leave can result in 100 penalty units or 1 year imprisonment.

Councillors have a duty to report another councillor's apparent conflict under s 150EW. Contravention of this duty is itself misconduct. Taking retaliatory action against someone who reports a conflict is an offence carrying 167 penalty units or 2 years imprisonment (s 150EY).

CEO duties. The chief executive officer must comply with requests from councillors for advice or information within 10 business days (or 20 if not practicable), with a maximum penalty of 20 penalty units for non-compliance (s 170A(9)). The CEO must keep a record of directions given by the mayor and make them available to the council (s 170(5)).

Rights of complaint. Any person may make a complaint to the assessor about councillor conduct (s 150O). Complaints may be made orally or in writing. Government entities that receive complaints must refer them to the assessor (s 150P), subject to exceptions where the entity has a duty to notify the Crime and Corruption Commission or has power to investigate under another law.

Rights of the public to information. The public may inspect the register of local laws at the council's public office (s 31(2)), inspect the roads map and register (s 74(3)), inspect the register of delegations (s 260(3)), inspect the councillor conduct register on the council's website (s 150DX(2)), and obtain copies of roads certificates on payment of a reasonable fee (s 74(4)).

Criminal penalties. The Act creates numerous criminal offences with varying penalties. Putting trade waste into a stormwater drain carries 1,000 penalty units (s 79(1)). Putting prohibited substances into a stormwater drain also carries 1,000 penalty units (s 79(3)). Unauthorised works on a road carry 200 penalty units (s 75(2)). Improper use of information by a councillor carries 100 penalty units or 2 years imprisonment (s 171(1)). Improper use of information by a councillor advisor carries the same penalty (s 200(2) and (4)). Dishonest contravention of a relevant integrity provision carries 200 penalty units or 2 years imprisonment (s 201D).

Conduct tribunal sanctions. The conduct tribunal can impose a range of sanctions under s 150AR including orders for public apology, reprimand, training, payment up to 50 penalty units, reimbursement of costs, removal from positions representing the council, forfeiture of allowances, and recommendations to the Minister for suspension or dismissal. The standard of proof is the balance of probabilities (s 150AP(4)).

Ministerial remedial action. The Minister can suspend or revoke council decisions that are contrary to law or inconsistent with local government principles (s 121), suspend or dismiss councillors (s 122), and suspend or dissolve entire councils (s 123) with appointment of an interim administrator. These decisions are not subject to appeal (s 114), though judicial review for jurisdictional error remains available under s 244.

Financial liability of councillors. Councillors who knowingly agree to improper disbursements are jointly and severally liable to repay the amount plus interest and expenses (s 110). Councillors who knowingly agree to loans to individuals are similarly liable (s 111). Councillors who knowingly agree to improper borrowings are liable for the amount borrowed plus interest and expenses (s 112).

Enforcement by authorised persons. The Act provides for authorised persons appointed by the chief executive officer (s 202) with powers including requiring names and addresses (s 127), entering public places without permission (s 128), entering private property with consent (s 129) or warrant (s 130), and entering under approved inspection programs (s 133). General powers after entry include searching, inspecting, testing, photographing, copying documents and taking samples (s 135). Obstructing a local government official carries 50 penalty units (s 149).

City of Brisbane Act 2010. The Local Government Act 2009 applies to all Queensland local governments except Brisbane City Council, which is governed by the City of Brisbane Act 2010. However, many provisions in the Local Government Act extend to Brisbane for specific purposes. Chapter 5A on councillor conduct expressly includes the Brisbane City Council (s 150C definition of local government). Section 113A provides that local government principles apply as if references to councillors or employees included those under the City of Brisbane Act 2010. The conduct regime, conflict of interest provisions and the independent assessor all apply uniformly across all Queensland local governments including Brisbane.

Local Government Electoral Act 2011. The electoral Act governs council elections, candidate nominations, electoral donations and expenditure. Section 172 of the Local Government Act provides that failure to give a summary return under the Electoral Act results in automatic cessation as a councillor. The prescribed conflict of interest provisions in s 150EG incorporate Electoral Act requirements about gift and loan returns.

Planning Act 2016. Section 37 prohibits local governments from making local laws that establish alternative development processes similar to or duplicating the Planning Act assessment process. Special entertainment precincts under s 264 interact with Planning Act noise attenuation requirements. The definition of road excludes State-controlled roads which are governed by the Transport Infrastructure Act.

Building Act 1975 and Plumbing and Drainage Act 2015. Section 38AA prohibits local laws regulating swimming pool safety matters already covered by the Building Act. Section 97(2)(e) allows cost-recovery fees for responsibilities under these Acts. Section 132 permits entry to inspect records for budget accommodation buildings under the Building Act.

Crime and Corruption Act 2001. The assessor must notify the Crime and Corruption Commission about suspected corrupt conduct (s 150N). Section 150T(1)(b) requires the assessor to investigate conduct that is suspected corrupt conduct referred by the Commission. The duty to notify under s 150P(3)(a) takes priority over the duty to refer complaints to the assessor.

Public Sector Ethics Act 1994. Local government employees must observe the ethics principles under s 4 of that Act and comply with its codes of conduct (s 13(2)(h)-(i)).

Statutory Bodies Financial Arrangements Act 1982. Local governments are statutory bodies under this Act (s 101). Part 2B of that Act affects how local governments exercise financial powers. Section 40 notes that local governments may need the Treasurer's approval before entering particular financial arrangements.

QCAT Act 2009. Decisions of the conduct tribunal may be appealed to QCAT (s 150AT). The assessor must assist QCAT in review proceedings, including providing the decision notice and relevant documents within 28 days (s 150ATB). Section 150ATA identifies the parties to a review proceeding.

Personal Property Securities Act 2009 (Cth). Section 38A governs the application of proceeds from seizing and disposing of personal property under local laws, requiring payment of security interests registered under the PPSA before the balance to the owner.

The Act has been substantially amended since 2018 to strengthen councillor accountability. The Local Government (Councillor Complaints) and Other Legislation Amendment Act 2018 (commenced 2018) was the most significant reform, replacing the previous complaints system with an entirely new regime. It established the Independent Assessor (s 150CT), the Office of the Independent Assessor (s 150DG), and the Councillor Conduct Tribunal (s 150DK). It replaced the former categories of inappropriate conduct and misconduct with the current three-tier system of unsuitable meeting conduct, conduct breaches and misconduct. It created the code of conduct system (ss 150D-150E) and model procedures for meetings (ss 150F-150G).

The Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Act 2018 introduced automatic suspension of councillors charged with disqualifying offences (s 175K, now in Division 7 of Part 2, Chapter 6). It also expanded disqualification provisions in s 153 to cover more offences.

The Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Act 2019 further amended disqualification provisions and introduced transitional provisions for existing charges and convictions.

The Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020 introduced the comprehensive conflict of interest framework in Chapter 5B, replacing former provisions on inside information and interests. It established prescribed conflicts of interest with the $2,000 threshold and declarable conflicts of interest, and created new obligations for registers of interests (ss 201A-201C) and the offence of dishonest conduct (s 201D). It also introduced councillor advisors (ss 197A-197D) and the councillor advisor code of conduct (s 197C). It repealed the inside information provisions (former ss 171A, 171B) and created a new, broader inside information offence at s 201F.

The Local Government (Councillor Conduct) and Other Legislation Amendment Act 2023 refined the conduct framework by introducing preliminary assessments (Division 3A), allowing the assessor to initiate assessments on their own initiative (s 150SF), and creating provisions for vexatious complainants (ss 150AWA-150AWC). It replaced the referral of conduct breaches to local governments with a more structured process including investigation policies (s 150AE) and public reporting requirements (ss 150AFA, 150AGA). It also amended the conflict of interest provisions to broaden the definition of related parties and clarify exclusions.

The Local Government (Empowering Councils) and Other Legislation Amendment Act 2026 introduced provisions for acting interim administrators (s 124A), extended the caretaker period provisions to allow major policy decisions in exceptional circumstances and for disaster recovery (ss 90BA-90BB), and made changes to councillor training (s 169A) and senior executive employee appointments (s 196).

Section 244 of the Act contains a broad privative clause for decisions declared to be not subject to appeal. Several decisions are protected including change commission decisions (s 21), ministerial suspension or revocation of local laws (s 38AB(7)), decisions under Part 1 of Chapter 5 generally (s 114), and grants commission decisions (s 229). The section provides that unless the Supreme Court finds jurisdictional error, the decision is final and conclusive and cannot be challenged under the Judicial Review Act 1991 or otherwise. This ouster clause has attracted controversy as it significantly limits judicial review. However, s 244(3) preserves the availability of judicial review for jurisdictional error under Part 5 of the Judicial Review Act, and s 244(4) preserves the right to apply for a statement of reasons under Part 4 of that Act.

The conduct tribunal's decisions are subject to review by QCAT under s 150AT, but only for the assessor and the councillor as parties. The Act expressly provides that the conduct tribunal is not a party (s 150ATA), and s 150ATB removes the usual obligation of a decision-maker to help QCAT, instead placing that obligation on the assessor.

The automatic suspension provisions for councillors charged with disqualifying offences (s 175K) have raised procedural fairness concerns. A councillor is automatically suspended when charged, before any finding of guilt. The suspension continues until the proceeding ends (s 175O). However, the councillor remains entitled to remuneration (s 175N(6)), and if ultimately acquitted, the suspension ends. The provision is designed to maintain public confidence while serious charges are pending.

The broad ministerial remedial powers under ss 121-123, including the power to suspend or dissolve entire councils, are not subject to appeal. The only constraint is the precondition of giving notice under s 120 unless the council asked for the action, the conduct tribunal has recommended suspension or dismissal, or the Minister considers notice would defeat the purpose or serve no useful purpose (s 120(2)).

The 30-day trap for declaration of office. A person ceases to be a councillor if they do not make the declaration of office within 30 days of appointment or election, unless the Minister allows a longer period (s 169(5)). There is no grace period built into the section.

Disqualification runs from conviction not sentence. A person automatically stops being a councillor when convicted of a disqualifying offence (s 153(6)). The conviction is taken to occur when an appeal is dismissed or the time for appeal ends (s 153(7)). This means a councillor convicted but not yet sentenced is immediately disqualified.

Automatic suspension on charge, not just conviction. Section 175K automatically suspends a councillor when charged with a disqualifying offence. The suspension happens before any finding of guilt. The councillor cannot act as a councillor (s 175N(2)), and if mayor or deputy mayor, is suspended from those roles too (s 175N(3)).

Continuing obligations during suspension. Even while suspended, a councillor's obligations under division 5 of Part 2 (training, directions to staff, use of information) continue (s 175N(4)). The councillor must still complete mandatory training and cannot use confidential information improperly.

The $2,000 threshold is cumulative. A prescribed conflict of interest arises under s 150EG when all gifts, loans or sponsored travel or accommodation benefits from a donor total $2,000 or more during the councillor's relevant term. It is not $2,000 per gift but cumulative. Gifts to close associates also count. Gifts to a political party or candidate group are divided by the number of candidates.

Close associate includes indirect interests. Section 150EJ includes as close associates entities in which the councillor or their spouse, parent, child or sibling has an interest, with a de minimis exception for less than 5% holdings in listed corporations. This can capture entities where the councillor has a small indirect interest.

No participation even after disclosure. A councillor with a prescribed conflict of interest must not participate in a decision and must leave the meeting while it is discussed and voted on (ss 150EK, 150EM). Disclosure alone is insufficient. Contravention is misconduct under s 150L(1)(c)(iii). The offence under s 150EM(2) carries 200 penalty units or 2 years imprisonment.

Improper disbursements create personal liability. Councillors who knowingly agree to a disbursement not provided for in the budget and made without council resolution are jointly and severally liable to repay the amount plus interest and expenses (s 110). There is no cap on this liability. The only exception is for genuine emergency or hardship.

The 7-day trap for consolidated local laws. When a local government adopts a consolidated version of a local law, it must give a copy to the Minister within 7 days (s 32(4)). Failure to do so does not invalidate the consolidated version but is a procedural obligation.

Anti-competitive provisions require specific procedures. A local law containing an anti-competitive provision is void unless the local government has complied with prescribed review procedures (s 38). This applies even if the local government considers the provision reasonable. Interim local laws are exempt (s 38(3)).

No compensation for mall establishment. A person is not entitled to compensation for injurious affection to business, commercial or industrial interests because of the establishment, modification or closing of a mall by a local government (s 80A(4)). The council may voluntarily decide to pay compensation by resolution, but is not required to.

Maintain the required financial management system. Each local government must establish a system that ensures regard to sound contracting principles (value for money, open competition, development of local business, environmental protection, ethical behaviour) when entering contracts for supply of goods or services or disposal of assets (s 104(1)(a)). The system must include a corporate plan incorporating community engagement, a long-term asset management plan, a long-term financial forecast, an annual budget including a revenue statement, an annual operational plan, and various financial accountability documents and policies.

Adopt meeting procedures. Each local government must adopt either the model procedures made by the department's chief executive or its own procedures that are not inconsistent with them (s 150G). The procedures must address how the chairperson deals with unsuitable meeting conduct, how councillors deal with the chairperson's unsuitable conduct, and how suspected conduct breaches referred by the assessor are handled.

Adopt an investigation policy. If the local government will deal with conduct breaches referred by the assessor, it must adopt an investigation policy by resolution (s 150AE). The policy must include procedures for investigation, natural justice requirements, reporting obligations, and processes for notifying councillors and complainants. It must be published on the council's website.

Establish a councillor conduct register. Each local government must keep an up-to-date register recording orders about unsuitable meeting conduct, decisions about conduct breaches, and conduct tribunal outcomes (s 150DX). The register must be published on the council's website and available for public inspection at the public office. The councillor's name may be included only if the decision related to unsuitable meeting conduct, the council or conduct tribunal found the councillor engaged in a conduct breach or misconduct, or the councillor agrees.

Keep registers of interests and delegations. Regulations under s 270(2)(d) require registers of interests for councillors, councillor advisors and related persons. Councillors must inform the CEO of interests at the start of their term (s 201A), correct the register when interests change (s 201B), and provide annual updates (s 201C). The chief executive officer must establish and maintain a register of delegations (s 260).

Comply with conflict of interest obligations. Councillors must proactively identify conflicts. For prescribed conflicts, the councillor must not participate, must disclose (including particulars such as value of gifts or contracts), and must leave the meeting. For declarable conflicts, the councillor must disclose and then comply with the decision of eligible councillors about whether they may participate. The council must ensure minutes record the name of the councillor, particulars of the conflict, and the votes of eligible councillors (s 150FA).

Ensure proper local law making. Before making a local law, the local government must consult with relevant government entities about the overall State interest (s 29A). The local law must be published in the gazette and on the council's website within one month of the resolution (s 29B). A copy must be given to the Minister within 14 days of gazettal. Anti-competitive provisions require compliance with prescribed review procedures (s 38).

Maintain roads register and map. Each local government must prepare and keep up-to-date a map of every road including private roads, and a register showing the category and level of every road (s 74). The public may inspect these at the public office.

Conduct public benefit assessments. For new significant business activities conducted in competition with the private sector, the council must conduct a public benefit assessment within the financial year the activity is first identified in the annual report (s 46). If the council decides not to apply competitive neutrality, it must conduct another assessment within three years.

Comply with caretaker period restrictions. During the caretaker period (from public notice of election to its conclusion), the council must not make major policy decisions unless the Minister approves in exceptional circumstances or for disaster recovery (ss 90B, 90BA, 90BB). The council and its controlled entities must not publish or distribute election material (s 90D). A major policy decision made without approval is invalid, and any related contract is void (s 90C).