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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Local Government Legislation
Amendment Bill 2005
Queensland
Local Government Legislation
Amendment Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of City of Brisbane Act 1924
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amendment of s 3A (Application of the Local Government Act) . 6
4 Amendment of s 39C (Council register) . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 116 (Preparation of annual financial statements) 7
6 Amendment of s 119 (Annual report) . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s 127 (Financial management standards) . . . . . . 8
8 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 3 Amendment of Local Government Act 1993
9 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Amendment of s 9 (Act applies only so far as expressly provided) 9
11 Amendment of s 237 (Remuneration for service on local
government and advisory committees) . . . . . . . . . . . . . . . . . . . . 10
12 Amendment of s 238 (Superannuation benefits for councillors). . 10
13 Insertion of new s 238A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
238A Councillors may make salary sacrifice arrangements 10
14 Amendment of s 242 (Requirements of councillors before
acting in office) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
15 Insertion of new s 243A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
243A Compliance with code of conduct. . . . . . . . . . . . . . . . 11
16 Insertion of new ch 4, pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 3A Code of conduct for councillors
Division 1 Preliminary
250A Application of part to Brisbane City Council . . . . . . . . 12
2
Local Government Legislation Amendment Bill 2005
250B Definitions for pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . 12
250C Requirement to adopt code of conduct for councillors 13
250D Model code of conduct for councillors . . . . . . . . . . . . 13
250E Application and duration of code of conduct . . . . . . . 13
Division 2 Content of codes of conduct for councillors
250F Statutory and additional obligations of councillors . . . 14
250G Ethics principles for local government councillors . . . 14
250H Code must state what a repeat breach is . . . . . . . . . . 14
250I Information about making a complaint . . . . . . . . . . . . 15
Division 3 Procedure for making code of conduct for
councillors
250J Notice of draft code of conduct for councillors . . . . . . 15
250K Requirement to consider comments. . . . . . . . . . . . . . 16
250L Code of conduct to be available for inspection and
purchase ............................. 16
Division 4 Enforcement of code of conduct for councillors
Subdivision 1 Preliminary
250M Categories of code of conduct breaches . . . . . . . . . . 16
250N References in div 4 to code of conduct breaches. . . . 17
Subdivision 2 Meeting breaches
250O Making a complaint about a meeting breach . . . . . . . 17
250P When local government must deal with the complaint 18
250Q How local government must deal with complaint . . . . 18
Subdivision 3 Minor breaches
250R Making a complaint about a minor breach . . . . . . . . . 19
250S How local government must deal with complaints
officer's report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Subdivision 4 Repeat breaches and statutory breaches
250T Making a complaint about a statutory breach. . . . . . . 21
250U Referring complaints about statutory breaches to
conduct review panel . . . . . . . . . . . . . . . . . . . . . . . . . 21
250V Review of complaints by conduct review panel . . . . . 22
250W Decision by local government about repeat breach or
statutory breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Subdivision 5 Penalties
250X Penalties local government may impose . . . . . . . . . . 23
250Y Effect of suspension of councillor for s 252 . . . . . . . . 24
Subdivision 6 Conduct review panel
3
Local Government Legislation Amendment Bill 2005
250Z Pool of members for conduct review panel. . . . . . . . . 24
250ZA Qualifications for appointment as member of conduct
review panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
250ZB Removal from pool of conduct review panel members 26
250ZC Quorum for meetings of conduct review panel . . . . . . 26
250ZD Chairperson of conduct review panel . . . . . . . . . . . . . 26
250ZE Meetings of conduct review panel . . . . . . . . . . . . . . . 26
250ZF Payment of fee to members of conduct review panel
by local government . . . . . . . . . . . . . . . . . . . . . . . . . . 27
250ZG Costs of conduct review panel to be met by local
government .......................... 27
250ZH Indemnity for panel members . . . . . . . . . . . . . . . . . . . 27
250ZI Indemnity for persons giving information to a conduct
review panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Subdivision 7 Miscellaneous
250ZJ Frivolous or vexatious complaint . . . . . . . . . . . . . . . . 28
17 Amendment of s 469 (Inspection of records by members). . . . . . 28
18 Insertion of new ch 6, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Part 5 General complaints process
501A Application to Brisbane City Council . . . . . . . . . . . . . 29
501B Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
501C Meaning of administrative action . . . . . . . . . . . . . . . . 29
501D Local government to establish general complaints
process .............................. 30
501E Requirements for general complaints process . . . . . . 30
501F Refusal to investigate complaint. . . . . . . . . . . . . . . . . 31
19 Amendment of s 534 (Content of report about other issues of
public interest) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
20 Amendment of s 1182 (Local governments' liability for
permanent employees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
21 Insertion of new s 1183A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
1183A Election by permanent employee to cease
contributions ........................... 34
22 Insertion of new sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Schedule 1 Ethics principles for local
government councillors
1 Integrity of local government . . . . . . . . . . . . . . . . . . . 35
2 Primacy of the public interest . . . . . . . . . . . . . . . . . . . 35
3 Independence of action by councillors . . . . . . . . . . . . 35
4 Appropriate use of information by councillors . . . . . . 36
4
Local Government Legislation Amendment Bill 2005
5 Transparency and scrutiny . . . . . . . . . . . . . . . . . . . . . 36
6 Appropriate use of entitlements . . . . . . . . . . . . . . . . . 36
23 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 36
Part 4 Amendment of Local Government (Community Government
Areas) Act 2004
24 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
25 Insertion of new s 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
11A Application of enterprise provisions in Local
Government Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . 37
26 Amendment of s 14 (Meaning of reviewable community
government matter) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
27 Amendment of s 18 (Commissions must have regard to
prescribed issues) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
2005
A Bill
for
An Act to amend local government legislation
s1 6 s4
Local Government Legislation Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Local Government Legislation 4
Amendment Act 2005. 5
Part 2 Amendment of City of Brisbane 6
Act 1924 7
Clause 2 Act amended in pt 2 8
This part amends the City of Brisbane Act 1924. 9
Clause 3 Amendment of s 3A (Application of the Local 10
Government Act) 11
(1) Section 3A(2), third dot point, `part 4'-- 12
omit, insert-- 13
`parts 3A and 4'. 14
(2) Section 3A(2), seventh dot point, `part 4'-- 15
omit, insert-- 16
`parts 4 and 5'. 17
Clause 4 Amendment of s 39C (Council register) 18
Section 39C(2) and (2A)-- 19
omit, insert-- 20
`(2) The council must-- 21
(a) keep the register open to inspection; and 22
s5 7 s6
Local Government Legislation Amendment Bill 2005
(b) make copies of the register, or extracts from the register, 1
available for purchase at its public office at a price not 2
more than the cost to the council of producing the copy 3
and, if a copy is supplied to a purchaser by post, the cost 4
of postage.'. 5
Clause 5 Amendment of s 116 (Preparation of annual financial 6
statements) 7
Section 116(2)-- 8
omit, insert-- 9
`(2) The annual financial statements must comply with financial 10
management standards prescribed under section 127.1'. 11
Clause 6 Amendment of s 119 (Annual report) 12
(1) Section 119(3)-- 13
insert-- 14
`(ec) each of the following details for a financial year starting 15
on 1 July 2005 or later-- 16
(i) the total number of breaches of the council's code 17
of conduct committed by councillors as decided 18
during the year by the council; 19
(ii) the name of each councillor decided during the 20
year by the council to have breached the code, a 21
description of how the councillor breached the 22
code, and details of any penalty imposed by the 23
council on the councillor; 24
25
Examples of how breaches of the code might be described--
26
· misconduct at a council meeting
27
· misuse of confidential information
(iii) the number of complaints about code of conduct 28
breaches by councillors, other than frivolous or 29
vexatious complaints, that were referred to the 30
conduct review panel during the year by the 31
1 Section 127 (Financial management standards)
s7 8 s8
Local Government Legislation Amendment Bill 2005
council or the chief executive officer under 1
chapter 4, part 3A of the Local Government Act; 2
(iv) the number of recommendations made to the 3
council by the conduct review panel during the 4
year that were adopted, or not adopted, by the 5
council; 6
(v) the number of complaints resolved under the 7
council's general complaints process during the 8
year and the number of those complaints that 9
related to an alleged breach by a councillor of the 10
council's code of conduct; 11
(vi) the number of complaints made to the ombudsman, 12
and notified to the council, during the year about 13
decisions made by the council in relation to 14
enforcing its code of conduct; and'. 15
(2) Section 119-- 16
insert-- 17
`(5) In this section-- 18
frivolous or vexatious complaint means a complaint about a 19
code of conduct breach by a councillor considered by the 20
conduct review panel to-- 21
(a) concern frivolous matter; or 22
(b) have been made vexatiously.'. 23
Clause 7 Amendment of s 127 (Financial management standards) 24
Section 127(2)(e), `and roads business activities'-- 25
omit, insert-- 26
`, roads business activities and building certification business 27
activities'. 28
Clause 8 Amendment of sch 2 (Dictionary) 29
Schedule 2-- 30
insert-- 31
s9 9 s 10
Local Government Legislation Amendment Bill 2005
`code of conduct, for the council, means the code of conduct 1
for councillors adopted, or taken to have been adopted, by the 2
council under the Local Government Act, chapter 4, part 3A.2 3
conduct review panel means the conduct review panel 4
convened by the council as required under the Local 5
Government Act, chapter 4, part 3A. 6
general complaints process means the general complaints 7
process established by the council as required under the Local 8
Government Act, chapter 6, part 5.3'. 9
Part 3 Amendment of Local 10
Government Act 1993 11
Clause 9 Act amended in pt 3 12
This part amends the Local Government Act 1993. 13
Clause 10 Amendment of s 9 (Act applies only so far as expressly 14
provided) 15
(1) Section 9(2), third dot point, `part 4'-- 16
omit, insert-- 17
`parts 3A and 4'. 18
(2) Section 9(2), seventh dot point, `part 4'-- 19
omit, insert-- 20
`parts 4 and 5'. 21
2 Local Government Act, chapter 4 (Local government councillors), part 3A (Code of
conduct for councillors)
3 Local Government Act, chapter 6 (General operation of local governments), part 5
(General complaints process)
s 11 10 s 13
Local Government Legislation Amendment Bill 2005
Clause 11 Amendment of s 237 (Remuneration for service on local 1
government and advisory committees) 2
Section 237-- 3
insert-- 4
`(6) If a councillor has entered into an arrangement with the local 5
government under section 238A, the amount of remuneration 6
that would otherwise be payable to the councillor under a 7
resolution under this section is reduced by the percentage or 8
amount the councillor has elected to forgo.'. 9
Clause 12 Amendment of s 238 (Superannuation benefits for 10
councillors) 11
Section 238-- 12
insert-- 13
`(3A) Subsection (3)(a) and (b) do not apply in relation to 14
contributions payable by the local government under an 15
arrangement entered into with a councillor under 16
section 238A.'. 17
Clause 13 Insertion of new s 238A 18
After section 238-- 19
insert-- 20
`238A Councillors may make salary sacrifice arrangements 21
`(1) A councillor of a local government may enter into an 22
arrangement with the local government under which-- 23
(a) the councillor agrees to forgo a percentage or amount of 24
the councillor's remuneration entitlement; and 25
(b) the local government agrees to make corresponding 26
contributions for the councillor to a voluntary 27
superannuation scheme for councillors established or 28
taken part in by the local government under section 238. 29
`(2) The percentage or amount forgone by the councillor must not 30
be more than the equivalent of 50% of the councillor's 31
remuneration entitlement. 32
`(3) In this section-- 33
s 14 11 s 16
Local Government Legislation Amendment Bill 2005
remuneration entitlement, of a councillor, means the 1
remuneration to which the councillor would be entitled under 2
a resolution of the local government made under section 237 3
if the councillor had not entered into an arrangement under 4
this section.'. 5
Clause 14 Amendment of s 242 (Requirements of councillors before 6
acting in office) 7
Section 242-- 8
insert-- 9
`(4B) If, when the councillor is elected or appointed, there is a code 10
of conduct for the local government, the declaration of office 11
for the councillor must also include the following statement-- 12
`I declare that I agree to comply with the Council's code of 13
conduct.' '. 14
Clause 15 Insertion of new s 243A 15
After section 243-- 16
insert-- 17
`243A Compliance with code of conduct 18
`(1) A councillor must comply with the obligations stated in the 19
local government's code of conduct. 20
`(2) A contravention of subsection (1) is not an offence. 21
`(3) However-- 22
(a) under part 3A, division 4, the code of conduct may be 23
enforced in relation to the contravention; and 24
(b) if the act or omission is the contravention is an offence 25
under another provision of this Act, subsection (2) does 26
not prevent a proceeding being taken for the offence.'. 27
Clause 16 Insertion of new ch 4, pt 3A 28
Chapter 4-- 29
insert-- 30
s 16 12 s 16
Local Government Legislation Amendment Bill 2005
`Part 3A Code of conduct for councillors 1
`Division 1 Preliminary 2
`250A Application of part to Brisbane City Council 3
`This part applies to the Brisbane City Council. 4
`250B Definitions for pt 3A 5
`For this part-- 6
committee of a local government means-- 7
(a) for Brisbane City Council--a committee of the council; 8
or 9
(b) for another local government-- 10
(i) a standing committee or special committee of the 11
local government; or 12
(ii) an advisory committee of the local government if 13
all the members of the committee are councillors. 14
statutory obligation for a councillor-- 15
(a) means an obligation under this Act with which the 16
councillor is required to comply only because of 17
holding, or having held, office as a councillor; but 18
(b) does not include the following obligations-- 19
(i) the obligation under section 243A4 to comply with 20
the code of conduct; 21
(ii) an obligation under a local law. 22
23
Example for definition of statutory obligation--
24
The obligations under section 250 about use of information by persons
25
who are or have been councillors would be statutory obligations.
26
However, the obligation under section 1072(1), which applies to any
27
person, would not be a statutory obligation.
4 Section 243A (Compliance with code of conduct)
s 16 13 s 16
Local Government Legislation Amendment Bill 2005
`250C Requirement to adopt code of conduct for councillors 1
`(1) A local government must adopt, by resolution, a code of 2
conduct for councillors that complies with the requirements 3
under division 2-- 4
(a) not later than 1 March 2006; and 5
(b) within 6 months after each quadrennial election held on 6
or after 1 March 2006. 7
`(2) A code of conduct for councillors adopted by the local 8
government must be prepared and notified as required under 9
division 3. 10
`250D Model code of conduct for councillors 11
`(1) A model code of conduct is a document that-- 12
(a) complies with the requirements under division 2; and 13
(b) is proposed by the Minister as suitable for adoption by 14
local governments as a code of conduct for councillors. 15
`(2) A model code of conduct must be gazetted. 16
`(3) If a model code of conduct has been gazetted-- 17
(a) a local government may adopt the model code of 18
conduct as its code of conduct under section 250C; and 19
(b) if a local government does not adopt a code of conduct 20
on or before the day mentioned in section 250C(1)(a) or 21
within the period mentioned in section 250C(1)(b)--the 22
model code of conduct is taken to have been adopted by 23
the local government as its code of conduct. 24
`250E Application and duration of code of conduct 25
`(1) A local government's code of conduct applies to all 26
councillors of the local government in performing the duties 27
of their office. 28
`(2) The code of conduct has effect until-- 29
(a) the next code of conduct is adopted by the local 30
government as required under section 250C(1)(b); or 31
s 16 14 s 16
Local Government Legislation Amendment Bill 2005
(b) the day by which the local government is next required 1
to adopt a code of conduct under the section. 2
`Division 2 Content of codes of conduct for 3
councillors 4
`250F Statutory and additional obligations of councillors 5
`(1) A code of conduct for a local government must-- 6
(a) identify each statutory obligation for councillors of the 7
local government for which the Act provides a penalty 8
for contravening; and 9
(b) identify each statutory obligation for councillors of the 10
local government for which the Act does not provide a 11
penalty for contravening. 12
`(2) The code may state additional ethical and behavioural 13
obligations with which councillors must comply. 14
`(3) An obligation mentioned in subsection (2) must-- 15
(a) not be inconsistent with a statutory obligation identified 16
in the code; and 17
(b) be based on 1 or more of the ethics principles for local 18
government councillors mentioned in section 250G. 19
`250G Ethics principles for local government councillors 20
`(1) For section 250F(3)(b), the ethics principles for local 21
government councillors are the principles stated in schedule 1. 22
`(2) The ethics principles must be stated in a local government's 23
code of conduct. 24
`250H Code must state what a repeat breach is 25
`A local government's code of conduct must state the 26
circumstances in which a meeting breach or minor breach of 27
the code is a repeat breach of the code. 28
s 16 15 s 16
Local Government Legislation Amendment Bill 2005
`250I Information about making a complaint 1
`A local government's code of conduct must include 2
information about how a person can find out how to make a 3
complaint about an alleged breach by a councillor of the code 4
of conduct. 5
`Division 3 Procedure for making code of 6
conduct for councillors 7
`250J Notice of draft code of conduct for councillors 8
`(1) A local government may adopt a code of conduct for 9
councillors only if notice of the proposed code has been 10
given. 11
`(2) Notice must be given by-- 12
(a) publishing a prescribed notice-- 13
(i) at least 6 weeks, and not more than 8 weeks, before 14
the meeting at which it is proposed to adopt the 15
code; and 16
(ii) in a newspaper circulated generally in the local 17
government's area; and 18
(b) putting a copy of the prescribed notice on display in a 19
conspicuous place in the local government's public 20
office on the day on which the notice is published under 21
paragraph (a); and 22
(c) keeping the copy of the prescribed notice on display 23
until after the meeting. 24
`(3) In this section-- 25
prescribed notice means a notice stating-- 26
(a) that the draft code of conduct has been prepared; and 27
(b) where copies of the draft code may be obtained; and 28
(c) an invitation for comments on the draft code; and 29
(d) the day by which comments must be received. 30
s 16 16 s 16
Local Government Legislation Amendment Bill 2005
`(4) The last day for making comments must be at least 21 days 1
after publication of the notice under subsection (2)(a). 2
`(5) This section does not apply to a code of conduct taken to have 3
been adopted under section 250D(3)(b). 4
`250K Requirement to consider comments 5
`In preparing a final draft of a code of conduct for councillors, 6
the local government must consider all comments made on or 7
before the day stated in the notice given under section 250J. 8
`250L Code of conduct to be available for inspection and 9
purchase 10
`A local government must-- 11
(a) ensure its code of conduct is open to inspection; and 12
(b) make copies available for purchase at its public office at 13
a price not more than the cost to the local government of 14
producing the copy and, if a copy is supplied to a 15
purchaser by post, the cost of postage. 16
`Division 4 Enforcement of code of conduct for 17
councillors 18
`Subdivision 1 Preliminary 19
`250M Categories of code of conduct breaches 20
`(1) A councillor commits a meeting breach of the local 21
government's code of conduct if the councillor breaches an 22
obligation under the code, or under a local law, about 23
councillors' behaviour at meetings of-- 24
(a) the local government; or 25
(b) a committee of the local government. 26
`(2) A councillor commits a minor breach of the local 27
government's code of conduct if the councillor breaches an 28
s 16 17 s 16
Local Government Legislation Amendment Bill 2005
obligation stated in the code under section 250F(2), other than 1
an obligation mentioned in subsection (1). 2
`(3) A councillor commits a repeat breach of the code if the 3
councillor commits a meeting breach or minor breach that, 4
under the code, is a repeat breach. 5
`(4) A councillor commits a statutory breach of the local 6
government's code of conduct if the councillor breaches a 7
statutory obligation identified in the code. 8
`250N References in div 4 to code of conduct breaches 9
`In this division, a reference to a breach of a local 10
government's code of conduct includes, in the context of a 11
complaint about an alleged breach of the code of conduct, a 12
reference to the alleged breach. 13
`Subdivision 2 Meeting breaches 14
`250O Making a complaint about a meeting breach 15
`(1) A complaint about a meeting breach of a local government's 16
code of conduct by a councillor must be made-- 17
(a) at the meeting of the local government, or the committee 18
of the local government, at which the breach is alleged 19
to have been committed; and 20
(b) by another councillor present at the meeting. 21
`(2) The complaint may be made by stating it to the person 22
chairing the meeting. 23
`(3) If a complaint about a meeting breach is made at a meeting of 24
a committee of the local government, the person chairing the 25
meeting must, as soon as practicable, notify the chief 26
executive officer of the local government of the complaint. 27
`(4) The chief executive officer must, as soon as practicable after 28
receiving a complaint under subsection (3), refer the 29
complaint to the local government. 30
s 16 18 s 16
Local Government Legislation Amendment Bill 2005
`(5) This section does not limit a person's ability to make a 1
complaint under a local law in relation to a breach of an 2
obligation under the law mentioned in section 250M(1). 3
`250P When local government must deal with the complaint 4
`(1) The local government must deal with a complaint about a 5
meeting breach of its code of conduct-- 6
(a) for a complaint made at a meeting of the local 7
government as required under section 250O(1)(a)-- 8
(i) at the meeting; or 9
(ii) if the local government can not deal with the 10
complaint at the meeting because a quorum is not 11
present5--at the next meeting of the local 12
government; or 13
(b) for a complaint made at a meeting of a committee of the 14
local government as required under 15
section 250O(1)(a)--at the next meeting of the local 16
government held after the complaint is referred to it. 17
`(2) In this section-- 18
deal with a complaint means-- 19
(a) decide, under section 250Q(1), to-- 20
(i) take no further action in relation to the complaint; 21
or 22
(ii) refer the complaint to the conduct review panel; or 23
(b) if paragraph (a) does not apply--make the decision 24
about the complaint required under section 250Q(2). 25
`250Q How local government must deal with complaint 26
`(1) The local government may decide, by resolution, to do any of 27
the following in relation to a complaint about a meeting 28
breach of its code of conduct by a councillor-- 29
5 See, also, section 446 (Quorum at meetings).
s 16 19 s 16
Local Government Legislation Amendment Bill 2005
(a) if the local government is satisfied the complaint 1
concerns frivolous matter or is made vexatiously--take 2
no further action; or 3
(b) if the local government is satisfied the complaint is 4
actually a complaint about a statutory breach by the 5
councillor--refer the complaint to the conduct review 6
panel for review. 7
`(2) If the local government does not deal with the complaint 8
under subsection (1), the local government must decide, by 9
resolution, whether the councillor has committed the alleged 10
meeting breach. 11
`(3) If the local government decides that the councillor committed 12
the meeting breach, it may do any of the following-- 13
(a) take no further action in respect of the breach; 14
(b) by resolution, impose a penalty on the councillor under 15
subdivision 5; 16
(c) if it considers the breach may be a repeat breach of the 17
code of the conduct--refer a complaint about the repeat 18
breach to the conduct review panel for review. 19
`(4) In deciding whether the councillor has breached the code of 20
conduct and whether to impose a penalty on the councillor, 21
the local government must comply with the principles of 22
natural justice. 23
`(5) This section does not limit the local government's ability to 24
deal with breaches of obligations under a local law mentioned 25
in section 250M(1). 26
`Subdivision 3 Minor breaches 27
`250R Making a complaint about a minor breach 28
`A complaint about a minor breach of a local government's 29
code of conduct by a councillor must be made under the local 30
government's general complaints process.6 31
6 See chapter 6 (General operation of local governments), part 5 (General complaints
process).
s 16 20 s 16
Local Government Legislation Amendment Bill 2005
`250S How local government must deal with complaints 1
officer's report 2
`(1) This section applies if-- 3
(a) a report about a complaint about a minor breach of a 4
local government's code of conduct is given to the local 5
government by the complaints officer who investigated 6
it under the general complaints process; and 7
(b) the report states the complaint has not been resolved 8
through the process. 9
`(2) The local government may decide, by resolution, to take no 10
further action in relation to the complaint if the local 11
government is satisfied it concerns frivolous matter or was 12
made vexatiously. 13
`(3) If the local government does not deal with the complaint 14
under subsection (2), the local government must decide, by 15
resolution, whether the councillor has committed the alleged 16
minor breach. 17
`(4) If the local government decides the councillor committed the 18
minor breach, it may do any of the following-- 19
(a) take no further action in respect of the breach; 20
(b) by resolution, impose a penalty on the councillor under 21
subdivision 5; 22
(c) if it considers the breach may be a repeat breach of the 23
code of conduct--refer a complaint about the repeat 24
breach to its conduct review panel for review. 25
`(5) In deciding whether the councillor has breached the code of 26
conduct and whether to impose a penalty on the councillor, 27
the local government must comply with the principles of 28
natural justice. 29
s 16 21 s 16
Local Government Legislation Amendment Bill 2005
`Subdivision 4 Repeat breaches and statutory 1
breaches 2
`250T Making a complaint about a statutory breach 3
`(1) A person may make a complaint about a statutory breach by a 4
councillor by giving written notice of the complaint to the 5
local government's chief executive officer. 6
`(2) Subsection (1) does not limit a person's ability to make a 7
complaint about a statutory breach under the Crime and 8
Misconduct Act 2001 or the Ombudsman Act 2001. 9
`250U Referring complaints about statutory breaches to 10
conduct review panel 11
`(1) The chief executive officer must refer a complaint about a 12
statutory breach of the local government's code of conduct by 13
a councillor to the conduct review panel for review if-- 14
(a) the complaint is made to the chief executive officer 15
under section 250T(1) and the chief executive officer is 16
not required, under the Crime and Misconduct Act 2001, 17
to notify the CMC about the complaint; or 18
(b) a complaint about the breach has been made to the CMC 19
or the ombudsman (the external review body) and the 20
external review body has notified the chief executive 21
officer that the external review body-- 22
(i) has decided not to take action, or to discontinue 23
action, in relation to the complaint; and 24
(ii) recommends the complaint be referred to the local 25
government's conduct review panel for review. 26
`(2) If a complaint is referred to the conduct review panel under 27
subsection (1), the chief executive officer must, as soon as 28
practicable, give the councillor written notice that a complaint 29
about a statutory breach by the councillor has been referred to 30
the panel. 31
s 16 22 s 16
Local Government Legislation Amendment Bill 2005
`250V Review of complaints by conduct review panel 1
`(1) The conduct review panel must review a complaint about a 2
repeat breach or statutory breach of the local government's 3
code of conduct by a councillor if the complaint is referred to 4
the panel by-- 5
(a) for a repeat breach--the local government under 6
section 250Q or 250S; or 7
(b) for a statutory breach--the chief executive officer under 8
section 250U. 9
`(2) The conduct review panel must give a report to the local 10
government about its review of the complaint. 11
`(3) In the report, the panel may-- 12
(a) state whether-- 13
(i) the panel considers the complaint to concern 14
frivolous matter or to have been made vexatiously; 15
or 16
(ii) the panel considers more information would be 17
required to make a recommendation mentioned in 18
paragraph (b); and 19
(b) make recommendations to the local government 20
about-- 21
(i) whether the panel considers the councillor 22
committed the alleged repeat breach or statutory 23
breach; and 24
(ii) what the panel considers would be an appropriate 25
penalty, as provided for under subdivision 5, for 26
the councillor. 27
`(4) Subsection (3)(a)(i) does not apply in relation to a complaint 28
about a statutory breach mentioned in section 250U(1)(b). 29
`(5) A councillor is not entitled to inspect, make a copy of, or take 30
an extract from, a panel document relating to the complaint 31
until the panel has given a report about the complaint to the 32
local government as required under subsection (2). 33
`(6) In this section-- 34
panel document means any of the following-- 35
s 16 23 s 16
Local Government Legislation Amendment Bill 2005
(a) a document held by the conduct review panel; 1
(b) a record about a proceeding of the conduct review panel. 2
`250W Decision by local government about repeat breach or 3
statutory breach 4
`(1) This section applies if the conduct review panel gives the local 5
government a report on a complaint about a repeat breach or 6
statutory breach it has reviewed as required under 7
section 250V. 8
`(2) Unless the report states the panel considers the complaint to 9
concern frivolous matter or to have been made vexatiously, 10
the local government must decide, by resolution, whether the 11
councillor has committed the alleged repeat breach or 12
statutory breach. 13
`(3) If the local government decides the councillor has committed 14
the breach, it may-- 15
(a) take no further action in respect of the breach; or 16
(b) by resolution, impose a penalty on the councillor under 17
subdivision 5. 18
`(4) In deciding whether the councillor breached the code of 19
conduct and whether to impose a penalty on the councillor, 20
the local government must comply with the principles of 21
natural justice. 22
`(5) A resolution made by the local government under this section 23
that does not adopt a recommendation made by the conduct 24
review panel must include a statement of the reasons for not 25
adopting the recommendation. 26
`Subdivision 5 Penalties 27
`250X Penalties local government may impose 28
`(1) This section applies if a local government decides, under 29
section 250Q, 250S or 250W, that a councillor has breached 30
the local government's code of conduct. 31
s 16 24 s 16
Local Government Legislation Amendment Bill 2005
`(2) The local government may impose 1 or more of the following 1
penalties on the councillor-- 2
(a) a written reprimand; 3
(b) for a meeting breach--suspension from the remainder 4
of the local government meeting at which the local 5
government decides the councillor has breached the 6
code; 7
(c) suspension for a stated period from future meetings of-- 8
(i) the local government; and 9
(ii) a committee of the local government of which the 10
councillor is a member. 11
`(3) The maximum period of a suspension under subsection (2)(c) 12
must not include more than-- 13
(a) for a meeting breach or minor breach--1 ordinary 14
meeting of the local government; or 15
(b) for a repeat breach or statutory breach--2 consecutive 16
ordinary meetings of the local government. 17
`250Y Effect of suspension of councillor for s 252 18
`(1) This section applies if a local government imposes a penalty 19
on a councillor under section 250X(2)(c). 20
`(2) For section 252,7 the councillor is taken to have leave from the 21
local government to be absent from the meetings of the local 22
government from which the councillor is suspended. 23
`Subdivision 6 Conduct review panel 24
`250Z Pool of members for conduct review panel 25
`(1) Each local government must appoint a pool of members for its 26
conduct review panel. 27
7 Section 252 (When councillor's office becomes vacant)
s 16 25 s 16
Local Government Legislation Amendment Bill 2005
`(2) An individual must not be appointed to the pool of members 1
unless, under section 250ZA, the individual is qualified for 2
appointment as a member of the panel. 3
`(3) An individual may be appointed to the pool of members for 4
not more than 4 years. 5
`(4) When the panel is convened, it must consist of not less than 6
3 individuals from the pool of members. 7
`(5) The panel may be convened by the local government as 8
required to review complaints referred to the panel under 9
subdivision 4. 10
`250ZAQualifications for appointment as member of conduct 11
review panel 12
`(1) An individual is qualified for appointment as a member of a 13
conduct review panel only if the individual-- 14
(a) has extensive knowledge and experience in local 15
government, public administration, law, public finance 16
or community affairs; or 17
(b) has other qualifications and experience the local 18
government considers appropriate. 19
`(2) However, an individual who would otherwise be qualified for 20
appointment under subsection (1) is not qualified if the 21
individual-- 22
(a) is a member of, or is a nominee for election as a member 23
of, an Australian parliament; or 24
(b) is a councillor of, or is a nominee for election as a 25
councillor of, a local government; or 26
(c) accepts appointment as a councillor of a local 27
government; or 28
(d) is a member of a political party; or 29
(e) is a local government employee. 30
s 16 26 s 16
Local Government Legislation Amendment Bill 2005
`250ZBRemoval from pool of conduct review panel members 1
`Individuals may remove themselves from the pool of 2
members for a conduct review panel by giving written notice 3
to the local government. 4
`250ZCQuorum for meetings of conduct review panel 5
`A quorum for a meeting of a conduct review panel is the 6
greater of the following-- 7
(a) 3 panel members; 8
(b) a majority of the panel members. 9
`250ZDChairperson of conduct review panel 10
`(1) If the local government does not appoint a chairperson for a 11
conduct review panel, the panel may appoint 1 of its members 12
as chairperson. 13
`(2) If the chairperson is not present at a meeting, the members 14
present may appoint a chairperson for the meeting. 15
`250ZEMeetings of conduct review panel 16
`(1) Meetings of a conduct review panel are to be held at the times 17
and places it decides. 18
`(2) At a meeting-- 19
(a) a question is decided by a majority of the votes of the 20
members present; and 21
(b) each member present has a vote on each question to be 22
decided and, if the votes are equal, the chairperson for 23
the meeting has a casting vote; and 24
(c) if a member present fails to vote, the member is taken to 25
have voted in the negative. 26
s 16 27 s 16
Local Government Legislation Amendment Bill 2005
`250ZF Payment of fee to members of conduct review panel 1
by local government 2
`A member of a conduct review panel is entitled to be paid a 3
fee for attending meetings of the panel as agreed with the 4
local government. 5
`250ZGCosts of conduct review panel to be met by local 6
government 7
`The costs of convening a conduct review panel must be paid 8
by the local government. 9
10
Examples of costs--
11
· reimbursement of travel and accommodation expenses incurred by
12
members in attending meetings of the panel
13
· meeting fees payable to members of the panel as agreed by the local
14
government
`250ZHIndemnity for panel members 15
`(1) A member of a conduct review panel does not incur civil 16
liability for an act or omission done honestly and without 17
negligence under this Act. 18
`(2) A liability that would, apart from this section, attach to a 19
member of a conduct review panel attaches instead to the local 20
government. 21
`250ZI Indemnity for persons giving information to a conduct 22
review panel 23
`(1) A person giving information to a conduct review panel does 24
not incur civil liability for giving information to the panel 25
honestly and without negligence. 26
`(2) This section does not limit the operation of the 27
Whistleblowers Protection Act 1994. 28
s 17 28 s 18
Local Government Legislation Amendment Bill 2005
`Subdivision 7 Miscellaneous 1
`250ZJ Frivolous or vexatious complaint 2
`(1) A local government may give notice to a person that a 3
complaint made by the person about a breach of the local 4
government's code of conduct by a councillor will not be dealt 5
with because it appears-- 6
(a) to concern frivolous matter; or 7
(b) to have been made vexatiously. 8
`(2) The notice must advise the person that if the person again 9
makes the same or substantially the same complaint to the 10
local government the person commits an offence under 11
subsection (3). 12
`(3) A person who, after receiving the notice mentioned in 13
subsection (2), again makes the same or substantially the same 14
complaint to the local government commits an offence. 15
Maximum penalty--20 penalty units. 16
`(4) It is a defence to prove that the complaint did not concern 17
frivolous matter and was not made vexatiously. 18
`(5) This section does not apply in relation to a complaint about a 19
statutory breach originally made to the CMC or the 20
ombudsman and referred to the conduct review panel under 21
section 250U.'. 22
Clause 17 Amendment of s 469 (Inspection of records by members) 23
Section 469(4), `section 1135'-- 24
omit, insert-- 25
`sections 250V(5) and 1135'. 26
Clause 18 Insertion of new ch 6, pt 5 27
Chapter 6-- 28
insert-- 29
s 18 29 s 18
Local Government Legislation Amendment Bill 2005
`Part 5 General complaints process 1
`501A Application to Brisbane City Council 2
`This part applies to the Brisbane City Council. 3
`501B Definitions for pt 5 4
`In this part-- 5
affected person means a person who is apparently directly 6
affected by-- 7
(a) an administrative action of a local government; or 8
(b) an alleged minor breach by a councillor of the local 9
government's code of conduct. 10
complaint-- 11
(a) means a complaint under a local government's general 12
complaints process; but 13
(b) does not include a complaint that could be made under 14
the complaints process provided for under chapter 11.8 15
`501C Meaning of administrative action 16
`An administrative action of a local government is an action 17
about a matter of administration, and includes each of the 18
following-- 19
(a) a decision and an act; 20
(b) a failure to make a decision or do an act, including a 21
failure to provide a written statement of reasons for a 22
decision; 23
(c) the formulation of a proposal or intention; 24
(d) the making of a recommendation. 25
8 Chapter 11 (Complaints about competitive neutrality)
s 18 30 s 18
Local Government Legislation Amendment Bill 2005
`501D Local government to establish general complaints 1
process 2
`(1) Each local government must, not later than the day mentioned 3
in subsection (2), establish a process (a general complaints 4
process) for resolving complaints by affected persons about-- 5
(a) administrative action of the local government; or 6
(b) an alleged minor breach of the local government's code 7
of conduct by a councillor. 8
`(2) For subsection (1), the day is the earlier of the following-- 9
(a) the day the local government adopts its first code of 10
conduct as required under section 250C; 11
(b) 1 March 2006. 12
`(3) The process must be adopted by resolution of the local 13
government. 14
`(4) The local government must give notice of the adoption of the 15
process by publishing, not later than 1 week after the 16
resolution adopting the process is passed, a prescribed notice 17
in a newspaper circulated generally in the local government's 18
area. 19
`(5) In this section-- 20
prescribed notice means a notice stating the day on which the 21
general complaints process was adopted by the local 22
government. 23
`501E Requirements for general complaints process 24
`(1) The general complaints process must include at least the 25
following elements-- 26
(a) the process for selecting and appointing a complaints 27
officer to investigate complaints; 28
(b) preliminary procedures before an affected person can 29
make a complaint; 30
(c) the way an affected person may make a complaint; 31
(d) sending complaints to, and their investigation by, the 32
complaints officer; 33
s 18 31 s 18
Local Government Legislation Amendment Bill 2005
(e) giving an affected person who makes a complaint an 1
opportunity to give the complaints officer further 2
information about the complaint; 3
(f) a requirement that the complaints officer give the local 4
government and affected person notice of a decision 5
made by the officer under section 501F and the reasons 6
for the decision; 7
(g) a requirement that, if the complaint is not resolved to the 8
affected person's satisfaction through the general 9
complaints process, the complaints officer give the local 10
government and affected person-- 11
(i) a written report on the results of the officer's 12
investigation of the complaint; and 13
(ii) any recommendation in relation to the complaint 14
the officer considers appropriate; 15
(h) the time within which the complaints officer must give 16
the report and any recommendation mentioned in 17
paragraph (g) to the local government; 18
(i) if a report and any recommendation mentioned in 19
paragraph (g) is given to the local government--a 20
requirement that the local government give the affected 21
person notice of the outcome of the local government's 22
consideration of the report and recommendation; 23
(j) recording the number of complaints made and resolved 24
through the general complaints process. 25
`(2) Also, the process mentioned in subsection (1)(a) must require 26
that the person appointed to be a complaints officer to 27
investigate a complaint must not be involved with the 28
administrative action or alleged minor breach of the code of 29
conduct that is the subject of the complaint. 30
`501F Refusal to investigate complaint 31
`(1) The complaints officer may refuse to investigate a complaint 32
or, having started to investigate a complaint, refuse to 33
continue the investigation if the officer reasonably considers 34
that-- 35
(a) the complaint is trivial; or 36
s 19 32 s 19
Local Government Legislation Amendment Bill 2005
(b) the complaint concerns frivolous matter or was made 1
vexatiously; or 2
(c) the person who made the complaint (the complainant) 3
does not have a sufficient direct interest in the 4
administrative action or alleged minor breach of the 5
code of conduct complained of; or 6
(d) both of the following apply-- 7
(i) the complainant has a right of appeal, reference or 8
review, or another remedy, that the person has not 9
exhausted; 10
(ii) it would be reasonable in the circumstances to 11
require the complainant to exhaust the right or 12
remedy before the officer investigates, or continues 13
to investigate, the complaint; or 14
(e) in the circumstances, investigating the administrative 15
action or alleged minor breach of the code of conduct 16
complained of is unnecessary or unjustifiable. 17
`(2) A right or remedy mentioned in subsection (1)(d) does not 18
include a right to make an application to the Supreme Court 19
under the Judicial Review Act 1991.'. 20
Clause 19 Amendment of s 534 (Content of report about other 21
issues of public interest) 22
(1) Section 534-- 23
insert-- 24
`(n) each of the following details for a financial year starting 25
on 1 July 2005 or later-- 26
(i) the total number of breaches of the local 27
government's code of conduct committed by 28
councillors as decided during the year by the local 29
government; 30
(ii) the name of each councillor decided during the 31
year by the local government to have breached the 32
code, a description of how the councillor breached 33
the code, and details of any penalty imposed by the 34
local government on the councillor; 35
s 19 33 s 19
Local Government Legislation Amendment Bill 2005
1
Examples of how breaches of the code of conduct might be
2
described--
3
· misconduct at a local government meeting
4
· misuse of confidential information
5
· directing an employee in contravention of
6
section 230(2) of the Act
(iii) the number of complaints about alleged code of 7
conduct breaches by councillors, other than 8
frivolous or vexatious complaints, that were 9
referred to the conduct review panel during the 10
year by the local government or the chief executive 11
officer under chapter 4, part 3A; 12
(iv) the number of recommendations made to the local 13
government by the conduct review panel during the 14
year that were adopted, or not adopted, by the local 15
government; 16
(v) the number of complaints resolved under the local 17
government's general complaints process during 18
the year and the number of those complaints that 19
related to an alleged breach by a councillor of the 20
local government's code of conduct; 21
(vi) the number of complaints made to the ombudsman, 22
and notified to the local government, during the 23
year about decisions made by the local government 24
in relation to enforcement of its code of conduct.'. 25
(2) Section 534-- 26
insert-- 27
`(2) In this section-- 28
frivolous or vexatious complaint means a complaint about a 29
code of conduct breach by a councillor considered by the 30
conduct review panel to-- 31
(a) concern frivolous matter; or 32
(b) have been made vexatiously.'. 33
s 20 34 s 21
Local Government Legislation Amendment Bill 2005
Clause 20 Amendment of s 1182 (Local governments' liability for 1
permanent employees) 2
Section 1182-- 3
insert-- 4
`(4) However, the local government is not required to pay a 5
contribution for the employee if, before the local government 6
is required under subsection (1) to make the contribution, the 7
employee has given the local government a notice under 8
section 1183A.'. 9
Clause 21 Insertion of new s 1183A 10
After section 1183-- 11
insert-- 12
`1183AElection by permanent employee to cease 13
contributions 14
`(1) A permanent employee of a local government may elect that 15
the local government stop paying contributions under 16
section 1182 for the employee. 17
`(2) The election may be made only if the total of the amounts to 18
which the employee is entitled as evidenced by the statements 19
mentioned in subsection (3)(b) is more than the employee's 20
pension RBL. 21
`(3) To make the election, the employee must give the local 22
government a written notice-- 23
(a) stating the employee elects that the local government 24
stop paying contributions under section 1182 for the 25
employee; and 26
(b) accompanied by the statements mentioned in the 27
Superannuation Guarantee (Administration) Act 1992 28
(Cwlth), section 19(4)(b).9 29
`(4) The election is irrevocable. 30
`(5) In this section-- 31
9 Superannuation Guarantee (Administration) Act 1992 (Cwlth), section 19
(Individual superannuation guarantee shortfalls)
s 22 35 s 22
Local Government Legislation Amendment Bill 2005
pension RBL see the Income Tax Assessment Act 1936 1
(Cwlth), section 140ZD.10'. 2
Clause 22 Insertion of new sch 1 3
After chapter 19-- 4
insert-- 5
`Schedule 1 Ethics principles for local 6
government councillors 7
section 250G(1) 8
`1 Integrity of local government 9
`(1) It is vital that the public has confidence in a local 10
government's ability to ensure the good rule and government 11
of its area. 12
`(2) Councillors must conduct themselves in a way that promotes 13
and maintains the public's trust and confidence in the local 14
government and the good rule and government of its area. 15
`2 Primacy of the public interest 16
`(1) Councillors are elected to act in the public interest and to 17
make decisions solely in terms of the public interest. 18
`(2) Councillors must take steps to avoid, resolve or disclose 19
conflicts of interest. 20
`3 Independence of action by councillors 21
`Councillors must not place themselves under any financial 22
obligation that may influence them in discharging their duties 23
and responsibilities as councillors. 24
10 Income Tax Assessment Act 1936 (Cwlth), section 140ZD (Lump sum RBLs and
pension RBLs)
s 23 36 s 23
Local Government Legislation Amendment Bill 2005
`4 Appropriate use of information by councillors 1
`Councillors who, in the course of carrying out their duties, 2
receive information that is not available to the general public 3
must not misuse this information, particularly for personal 4
gain. 5
`5 Transparency and scrutiny 6
`(1) It is vital that the public has confidence in the integrity of a 7
local government's decision-making processes. 8
`(2) To ensure transparency and public scrutiny of, and public 9
confidence in, those processes, councillors must disclose their 10
financial interests. 11
`6 Appropriate use of entitlements 12
`Councillors must comply with the requirements about using 13
entitlements provided for under the local government's 14
remuneration policies.'. 15
Clause 23 Amendment of schedule (Dictionary) 16
Schedule-- 17
insert-- 18
`administrative action, for chapter 6, part 5, see section 501C. 19
affected person, for chapter 6, part 5, see section 501B. 20
CMC means the Crime and Misconduct Commission under 21
the Crime and Misconduct Act 2001. 22
code of conduct, for a local government, means the code of 23
conduct for councillors adopted, or taken to have been 24
adopted, by the local government under chapter 4, part 3A. 25
committee, for chapter 4, part 3A, see section 250B. 26
complaint, for chapter 6, part 5, see section 501B. 27
conduct review panel, for a local government, means the 28
conduct review panel convened by the local government as 29
required under chapter 4, part 3A. 30
s 24 37 s 26
Local Government Legislation Amendment Bill 2005
general complaints process see section 501D(1). 1
meeting breach, for chapter 4, part 3A, see section 250M(1). 2
minor breach, for chapter 4, part 3A and chapter 6, part 5, see 3
section 250M(2). 4
repeat breach, for chapter 4, part 3A, see section 250M(3). 5
statutory breach, for chapter 4, part 3A, see section 250M(4). 6
statutory obligation, for chapter 4, part 3A, see 7
section 250B.'. 8
Part 4 Amendment of Local 9
Government (Community 10
Government Areas) Act 2004 11
Clause 24 Act amended in pt 4 12
This part amends the Local Government (Community 13
Government Areas) Act 2004. 14
Clause 25 Insertion of new s 11A 15
Part 2, division 3-- 16
insert-- 17
`11A Application of enterprise provisions in Local 18
Government Act 1993 19
`All enterprises of a community government are taken to be 20
exempt enterprises for the Local Government Act 1993, 21
section 495.11'. 22
Clause 26 Amendment of s 14 (Meaning of reviewable community 23
government matter) 24
(1) Section 14(1)-- 25
11 Local Government Act 1993, section 495 (Application of part)
s 27 38 s 27
Local Government Legislation Amendment Bill 2005
insert-- 1
`(ea) assigning and reassigning councillors of a community 2
government to indigenous social groupings;'. 3
(2) Section 14(1)(ea) to (g)-- 4
renumber as section 14(1)(f) to (h). 5
Clause 27 Amendment of s 18 (Commissions must have regard to 6
prescribed issues) 7
Section 18, `the issues'-- 8
omit, insert-- 9
`any issues'.
© State of Queensland 2005
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