QLDIn ForceAct
Local Government Act 2009
sec.150PComplaints about councillor conduct must be referred to assessor
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### sec.150P Complaints about councillor conduct must be referred to assessor
This section applies if a government entity, other than the assessor, receives a complaint about the conduct of a councillor.
The government entity must—
refer the complaint to the assessor; and
give the assessor all information held by the entity that relates to the complaint.
However, subsection (2) does not apply if—
the government entity has a duty to notify the Crime and Corruption Commission of the complaint under section 38 of the Crime and Corruption Act 2001 ; or
Sections 38 to 40 of the Crime and Corruption Act 2001 state the duties of a public official to notify the Crime and Corruption Commission about corrupt conduct, subject to a direction by the Crime and Corruption Commission.
the government entity has the power to investigate the complaint or the councillor’s conduct under another law and decides to carry out the investigation under that law.
The police service receives and investigates a complaint alleging a councillor engaged in fraud.
As soon as practicable after receiving the complaint, the assessor must, if the assessor has the contact details of the person who made the complaint, give the person a notice that states—
the assessor has received the complaint from the government entity; and
the assessor will deal with the complaint under this chapter.
In this section—
government entity includes the following—
a local government;
a councillor;
the chief executive officer of a local government;
the chief executive officer under the City of Brisbane Act 2010 .
s 150P ins 2018 No. 8 s 12
amd 2019 No. 30 s 129
(sec.150P-ssec.1) This section applies if a government entity, other than the assessor, receives a complaint about the conduct of a councillor.
(sec.150P-ssec.2) The government entity must— refer the complaint to the assessor; and give the assessor all information held by the entity that relates to the complaint.
(sec.150P-ssec.3) However, subsection (2) does not apply if— the government entity has a duty to notify the Crime and Corruption Commission of the complaint under section 38 of the Crime and Corruption Act 2001 ; or Sections 38 to 40 of the Crime and Corruption Act 2001 state the duties of a public official to notify the Crime and Corruption Commission about corrupt conduct, subject to a direction by the Crime and Corruption Commission. the government entity has the power to investigate the complaint or the councillor’s conduct under another law and decides to carry out the investigation under that law. The police service receives and investigates a complaint alleging a councillor engaged in fraud.
(sec.150P-ssec.4) As soon as practicable after receiving the complaint, the assessor must, if the assessor has the contact details of the person who made the complaint, give the person a notice that states— the assessor has received the complaint from the government entity; and the assessor will deal with the complaint under this chapter.
(sec.150P-ssec.5) In this section— government entity includes the following— a local government; a councillor; the chief executive officer of a local government; the chief executive officer under the City of Brisbane Act 2010 .
- (a) refer the complaint to the assessor; and
- (b) give the assessor all information held by the entity that relates to the complaint.
- (a) the government entity has a duty to notify the Crime and Corruption Commission of the complaint under section 38 of the Crime and Corruption Act 2001 ; or Note— Sections 38 to 40 of the Crime and Corruption Act 2001 state the duties of a public official to notify the Crime and Corruption Commission about corrupt conduct, subject to a direction by the Crime and Corruption Commission.
- (b) the government entity has the power to investigate the complaint or the councillor’s conduct under another law and decides to carry out the investigation under that law. Example— The police service receives and investigates a complaint alleging a councillor engaged in fraud.
- (a) the assessor has received the complaint from the government entity; and
- (b) the assessor will deal with the complaint under this chapter.
- (a) a local government;
- (b) a councillor;
- (c) the chief executive officer of a local government;
- (d) the chief executive officer under the City of Brisbane Act 2010 .