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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.
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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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