Damien Tessmann
Cr Damien Tessmann after delivering his public apology to Council in February this year
Councillors ‘Live In Fear’ Of Complaints

Cr Damien Tessmann told the LNP delegates the current situation was “akin to being investigated by the police and subsequently convicted without an opportunity to have your day in court”.

He said the right to speak in your own defence – and appeal rights – were consistent with the Westminster system.

“Currently once you are convicted you have no ability to seek an appeal because s244 of the Act ensures that these panels are above any legal challenge, including the State’s Supreme Court,” he said.

“I am unaware of any other body that has such status. As we know, the Supreme Court can overturn legislation passed through a House of Parliament but apparently not a decision of a panel against a Local Government Councillor.

“It is not over the top to say that Councillors across the great state of Queensland live in fear of the current arrangements.

“There are those in our State that are not as honourable as we in this room and they seek to use the complaints process to attack and vilify councillors because they did not get their own way on a Council decision.

“These complaint investigations can cost upwards of $10,000 which is paid for by the ratepayer.

“Even if a Councillor is found innocent of a vexatious claim the cost of investigation is still covered by the ratepayer.

“Should a person be found to be abusing the system and costing ratepayers funds then I believe a financial penalty should be imposed on that person.”

July 14, 2014

Delegates at the LNP’s Annual Convention have unanimously backed a call by two South Burnett councillors to improve the way complaints against councillors are handled.

Cr Damien Tessmann moved, and Cr Kathy Duff seconded, that:

This conference of the LNP calls on the State Government to strengthen the Queensland Local Government Act by applying principles of ‘natural justice’ for democratically elected representatives of Australia’s third level of government by allowing,

  • An as-of-right ability for a Councillor to confront the Panel/s hearing their case by speaking in their own defence during disciplinary hearings against them,
  • An ability to seek an appeal of an adverse finding against them through either the Queensland Civil & Administrative Tribunal, Office of the Queensland Ombudsmen or some kind of other appeal mechanism deemed appropriate by the Minister for Local Government through repealing s244 of the Act, and,
  • Penalties for those complainants who are found to be abusing the complaints system by continually lodging vexatious complaints.

The motion was carried unanimously by the 500 delegates at the party’s annual convention, which was held in Brisbane at the weekend.

In January, Cr Tessmann was fined $1000 and ordered to apologise to fellow councillors for allegedly providing misleading information at a Council meeting in 2012.

However, he has always remained adamant that he did nothing wrong and says he was denied due process during the handling of the complaint by the Regional Conduct Review Panel.

A bid by Cr Tessmann to have the Queensland Civil and Administrative Tribunal review the adverse finding against him failed when QCAT  indicated it did not have the jurisdiction to hear his application.

* * *

A second motion moved by Cr Tessmann, and seconded by Cr Duff, at the convention was also carried unanimously by delegates:

That this conference of the LNP requests that the State forgo its 50 per cent of fees collected from landholders obtaining roadside grazing permits during drought conditions so long as the relevant Local Government also forgoes its 50 per cent share of fees; and also allow Local Government greater flexibility in granting roadside grazing permits.

Cr Tessman said he intended to move similar motions at the Local Government Association of Queensland conference to be held later this year.

He said that while resolutions carried by the convention become LNP policy, the Executive of the government reserves its right to implement such policies as it sees fit.

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2 Responses to "LNP Delegates Back Review
Of Council Complaints Process
"

  1. Can someone define “natural justice”? As I understand there is no such thing in Qld, there is justice but it is neither natural or equal (eg VLAD anti rights laws).

  2. This is the same Councillor who has recently pushed for complaints against Council not to be accepted unless they are put in writing. He wants over the counter, verbal, social media or any non officially lodged written complaints to be ignored. I wonder if that has anything to do with the many thousands of complaints the SBRC actually receives about their work ethics, standards and exorbitant rates charges. Hmmmmm.

    Councillor Tessmann has 500 of his LNP mates trying to change the laws because he was found guilty and fined for misleading statements to Council. He thinks this was unfair…

    Amazing, I managed to get over 1200 random signatures just from locals against the LNP and their VLAD legislation, they ignored that.

    Wonder if they will do the same with their pittance of 500 from their in house LNP pals. Bet not!

    Considering the LNP made laws retrospective to protect their mining mates, future looks fairly rigged to me. Shame LNP Shame – but expected.

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