sec.150LWhat is misconduct

### sec.150L What is misconduct The conduct of a councillor is misconduct if the conduct— adversely affects, directly or indirectly, the honest and impartial performance of the councillor’s functions, or the exercise of the councillor’s powers; or is or involves— non-compliance with an Act by the councillor; or a misuse of information or material acquired in, or in connection with, the performance of the councillor’s functions, whether the misuse is for the benefit of the councillor or for the benefit, or to the detriment, of another person; or contravenes any of the following— an order of the local government or the conduct tribunal; a policy of the local government about the reimbursement of expenses; section 150R (2) , 150EK , 150EL , 150EPA , 150EQ , 150EW , 150EZ , 170 (4) , 171 (3) , 201A , 201B or 201C ; the City of Brisbane Act 2010 , 170(4), 173(3), 177H, 177I, 177MA, 177N , 177T , 177W , 198A , 198B or 198C . Also, the conduct of a councillor is misconduct if the conduct— is part of a course of conduct leading to the local government deciding to take action under section 150AG to discipline the councillor for conduct breaches on 3 occasions within a period of 1 year; or is of the same type stated in an order of the local government that if the councillor engages in the same type of conduct again, it will be dealt with as misconduct. For subsection (2) (a) , the conduct that led to the 3 occasions of disciplinary action, taken together, is the misconduct. It does not matter if the conduct happened outside the State. s 150L ins 2018 No. 8 s 12 amd 2018 No. 9 s 26A ; 2019 No. 30 ss 74 , 128 ; 2020 No. 20 s 101 ; 2023 No. 30 s 43 amd 2026 No. 5 s 79 (uncommenced amendment) (sec.150L-ssec.1) The conduct of a councillor is misconduct if the conduct— adversely affects, directly or indirectly, the honest and impartial performance of the councillor’s functions, or the exercise of the councillor’s powers; or is or involves— non-compliance with an Act by the councillor; or a misuse of information or material acquired in, or in connection with, the performance of the councillor’s functions, whether the misuse is for the benefit of the councillor or for the benefit, or to the detriment, of another person; or contravenes any of the following— an order of the local government or the conduct tribunal; a policy of the local government about the reimbursement of expenses; section 150R (2) , 150EK , 150EL , 150EPA , 150EQ , 150EW , 150EZ , 170 (4) , 171 (3) , 201A , 201B or 201C ; the City of Brisbane Act 2010 , 170(4), 173(3), 177H, 177I, 177MA, 177N , 177T , 177W , 198A , 198B or 198C . (sec.150L-ssec.2) Also, the conduct of a councillor is misconduct if the conduct— is part of a course of conduct leading to the local government deciding to take action under section 150AG to discipline the councillor for conduct breaches on 3 occasions within a period of 1 year; or is of the same type stated in an order of the local government that if the councillor engages in the same type of conduct again, it will be dealt with as misconduct. (sec.150L-ssec.3) For subsection (2) (a) , the conduct that led to the 3 occasions of disciplinary action, taken together, is the misconduct. (sec.150L-ssec.4) It does not matter if the conduct happened outside the State. - (a) adversely affects, directly or indirectly, the honest and impartial performance of the councillor’s functions, or the exercise of the councillor’s powers; or - (b) is or involves— (i) non-compliance with an Act by the councillor; or (ii) a misuse of information or material acquired in, or in connection with, the performance of the councillor’s functions, whether the misuse is for the benefit of the councillor or for the benefit, or to the detriment, of another person; or - (i) non-compliance with an Act by the councillor; or - (ii) a misuse of information or material acquired in, or in connection with, the performance of the councillor’s functions, whether the misuse is for the benefit of the councillor or for the benefit, or to the detriment, of another person; or - (c) contravenes any of the following— (i) an order of the local government or the conduct tribunal; (ii) a policy of the local government about the reimbursement of expenses; (iii) section 150R (2) , 150EK , 150EL , 150EPA , 150EQ , 150EW , 150EZ , 170 (4) , 171 (3) , 201A , 201B or 201C ; (iv) the City of Brisbane Act 2010 , 170(4), 173(3), 177H, 177I, 177MA, 177N , 177T , 177W , 198A , 198B or 198C . - (i) an order of the local government or the conduct tribunal; - (ii) a policy of the local government about the reimbursement of expenses; - (iii) section 150R (2) , 150EK , 150EL , 150EPA , 150EQ , 150EW , 150EZ , 170 (4) , 171 (3) , 201A , 201B or 201C ; - (iv) the City of Brisbane Act 2010 , 170(4), 173(3), 177H, 177I, 177MA, 177N , 177T , 177W , 198A , 198B or 198C . - (i) non-compliance with an Act by the councillor; or - (ii) a misuse of information or material acquired in, or in connection with, the performance of the councillor’s functions, whether the misuse is for the benefit of the councillor or for the benefit, or to the detriment, of another person; or - (i) an order of the local government or the conduct tribunal; - (ii) a policy of the local government about the reimbursement of expenses; - (iii) section 150R (2) , 150EK , 150EL , 150EPA , 150EQ , 150EW , 150EZ , 170 (4) , 171 (3) , 201A , 201B or 201C ; - (iv) the City of Brisbane Act 2010 , 170(4), 173(3), 177H, 177I, 177MA, 177N , 177T , 177W , 198A , 198B or 198C . - (a) is part of a course of conduct leading to the local government deciding to take action under section 150AG to discipline the councillor for conduct breaches on 3 occasions within a period of 1 year; or - (b) is of the same type stated in an order of the local government that if the councillor engages in the same type of conduct again, it will be dealt with as misconduct.