(a)parliament.aid.qov.au www.robpvne.com.au

AUG 201? Electorate Office 46 - 50 Spence Street Cairns OLD 4870

Rob Pyne MP PO Box 5241 Cairns QLD 4870 Member for Cairns Ph. 07 4229 0110 Fax. 07 4229 0119

24 August 201 / Legislative Assembly

Hon. Peter XK’cllington Speaker o f The House ® <0OQT2017 “ B y l* w D CJeorgc Street MP; BRISBANH QLD 4002 Clerk's Signature: Deal- Mr. Speaker,

RE: Complaint that the Deputj' Premier Mislead House

I am writing to vou to make a formal complaint against the Deputv Premier Hon for misleading the house wliicii is an act of contempt as defined under Standing Order 266(2) and I ask that vou refer this matter to the Ethics Committee along with the substantive supportix e evidence. E vid enced by Hansard and other (most reference material attached).

1. On 1.5''' October 2015 and ,5"' December 2015 the Hon. [A TR /\D (South — ,\I.P) (Deputv Premier, Minister for Transport, Minister for Infrastructure, Local Government and Planning and Minister for Trade) deliberately and intenticjnallv Mislead Parliament in two Ministerial Statements. In the simplest o f terms, this is evidenced b\' the contradiction between her Ministerial Statements and the later letter from the Deputv Premier dated 7 April 2016.

.Additionally;

2. The 1 Ion JA Trad, the office of Dcputx Premier and spokespersons for her office and department have further contributed to dissemination of misleading and deceptive materials including but not limited to correspondence & media statements issued bv Deputv Premiers office. The informatic>n provided in Ministerial Statement and other means whether directlv provided by the Deputy Premier, her office or departmental staff has reinforced her misleading Ministerial Statements of both 15''’ October and .V'' December 2015. The Deputy Premier has been directly tjuoted by third party organisations including LGA(^. The content of these qu<.)tes are inaccurate and/or untnithful and further demonstrate the deliberate and systemic intent to mislead the Parliament and others.

5. The Minister must take responsibility for the content ol her Ministerial Statement irrespective of whether she initiated the statement or failed tC) ask pri.ibing questions o f her officials prior to delivering it as a Ministerial Statement.

4. The misleading statements are clearly evident from the Deputv Premiers letters to me dated 15 April 2016 and 15 1‘ebruarv 2016 respectively.

5. Attached to this letter are the statements from Hansard, the letters mentioned above and a file in chronological order demonstrating that the Ministerial Statements were misleading and the .Ministers Otfiee (and the Department) were invob ed in disseminating misinformation because the complaints were still L in d e r rc'.'icw a n d IK VESTKj \T]( in r'cbniar', 2016 a n d t h is is e v id e n c e d in b o t l i the m e e t in g notes trom hS'" F e h r u a n ' 21)16 a n d th e Depul\ Premiers letter o t " ? '’ /\pril 2ill6.

I >ineercl\ ree|iiest that '/oLi pive this consideration and reter this to the ethics conmiiuee because tlic attached documents when considered in chronological order demonstrate that the l ion jackie J'rad Itnowingh and deliberatelt misleafl the house in both ( )ctobc r and Ideccmber 2l)J 5.

Regards,

Rob Pyne M ? Member for Cairns 2272 Ministerial Statements 15 Oct 2015

MINISTERIAL STATEMENTS Local Government

Hon. JA TRAD (South Brisbane—ALP) (Deputy Premier, Minister for Transport, Minister for Infrastructure, Local Government and Planning and Minister for Trade) (11.31 am); The Local Government Act 2009 provides a framework for dealing with complaints about the conduct of individual councillors as well as for the intervention by the state in certain circumstances. Yesterday the member for Cairns provided my office with a range of documents pertaining to local government in Queensland, and I understand these same documents were subsequently tabled in the House yesterday afternoon. My office immediately referred this material to my department for consideration and assessment..

My department has undertaken an initial review of this material. Based on this initial review, they have not found any basis to substantiate the claims that local government in Queensland is broken or that a systemic judicial inquiry is needed. More specifically, I can advise the House there are two complainants who have raised a series of allegations regarding Cairns Regional Council related to conflicts of interest, the letting of contracts and breaches of the EPA—the Environmental Protection Act—and this documentation included a reasonable level of detail and particulars. These will be immediately referred back to my department and back to the CEO of Cairns Regional Council for preliminary assessment as provided for under the Local Government Act 2009.

Additionally, a significant volume of material has also been provided in relation to the Tablelands Regional Council. I am advised that some of the claims made in this material may be referred to the CCC given the nature of the allegations. I am also advised that the vast majority of the material, however, is very difficult to classify in a short period of time as it is a mix of broad allegations of breaches of particular sections of the act, citing comments by councillors and staff in council meetings, media articles and what appears to be ‘reports’ prepared by complainants. Much of the material cannot be attributed to an individual as these do hot have any author or complainant details.

Nonetheless, I have instructed my department to review all the material thoroughly and provide advice to me once this has occurred. I will update the House in due course once I have received detailed advice from my department. HANSARD - CUT 2015.12.03

MINISTERIAL STATEMENTS Local Government Administration Hon. JA TRAD (South Brisbane—ALP) (Deputy Premier, Minister for Transport, Minister for Infrastructure. Local Governrnent and Planning and Minister for Trade) (7.36 pm): On 14 October, the member for Cairns provided my office with a range of documents pertaining to local government in Queensland, v/ith similar documents subsequently tabled in the House.

As I advised parliament on 15 October, my office immediately referred this material to my department for consideration and assessment. My department provided an initial review of these claims and at that time advised me that they had not found any basis to substantiate the call for a judicial inquiry that accompanied the release of this material.

The Department of Infrastructure, Local Government and Planning has now completed a full review of the material provided in October. Based on this review, my department is of the opinion that the issues raised amount to localised matters specific to each of the local governments in question and that it does not provide any cogent evidence of systemic problems with the local government system that would justify an inquiry into local government, as called for by the member for Cairns.

My department’s review of the material has identified that two local matters relating to potential conflicts of interest should be referred to the CEO of the Cairns Regional Council for preliminary assessment under the Local Government Act, and I can ^ advise that this has now occurred. In relation to the remaining claims in the October 'V material, my department found that the matters had already been investigated by the - r relevant authority, or that maUers could not be substantiated based on the limited \ details provided, or that the claims were oTa general nature and did not specify ¥nv actionable^ . #-x ^ ^ L-^ I ^material, + or that the issues raised reflected + an individual's disagreement^ .»»« v>n4 - ! • with the decision of the local government. J

Beyond the two potential conflict of interest matters raised above, I am advised that it is not considered necessary to take any further action in respect of any of the __ allegations made by the member for Cairns in October. I have today written to the member for Cairns advising him of these findings. To remove any doubt, my director- general has also today written to the Ombudsman asking he undertake an expeditious review of the department’s actions in relation to this matter. In my correspondence to the member for Cairns, I have also taken the opportunity to remind him of the most appropriate method by which affected parties should seek remedies to any issues that they think constitute a dispute with local government. For the benefit of all members, local government complaints should be dealt with as follows: if a person has a complaint about a decision of local government or the service the local government provides, they should contact their local government's customer service area, call centre or inquiry counter which may be able to address their concern. If this does not resolve the matter, it is recommended that they write to the local government and make an official complaint. HANSARD - cut f 4*^ December 2015 Member for Cairns Rob Pyne - PERSONAL EXPLINATION.

Mr SPEAKER: Before I ca!l the Leader of the House, I am informed that the member for Cairns wanted to make a personal explanation. Bearing in mind that this is the last sitting this year, I will allow the memberfor Cairns to make a personal explanation.

PERSONAL EXPLANATION Crime and Corruption Commission, Complaints by Local Government M r PYNE (Cairns—ALP) (9,57 am): I would like to make a personal explanation in relation to comments made by the Deputy Premier last night in relation to documents that I have tabled in this House. I have an intimate knowledge of the local government complaints process, having served as a local government councillor for seven years. In relation to the recommended course of action of lodging complaints with council in the first instance, I credit Queenslanders with the intelligence to complain to their local council if they have problems. Unfortunately, that has not been the successful outcome that many Queenslanders would have liked to have seen. Indeed, complaining directly to councils on some circumstances has seen residents threatened with legal action, businesses locked out of council contracts and employees threatened to lose their employment. The Deputy Premier mentioned the CCC. The COG has consistently failed to identify and punish wrongdoers Indeed, in over 95 per cent of low-level corruption complaints, the CCC has handed matters back to local councils to investigate—that is, back to the alleged perpetrator. Call me crazy, but getting the alleged perpetrator to investigate seems a bit odd— a bit like reporting the local used car salesm an to the used car lot.

In relation to those complaints lodged in October that have allegedly been investigated, the complainant is in the public gallery and has received no reply from the department or the CCC, What if the CCC investigates? In a recent article in the Australian slamming the CCC, Professor Timothy Prenzler said—

The current approach is overly elitist Ordinary complainants and whistle-blov^ers are treated dismissively. and the people ol Queensland5taiiu are DaUiy badly leilet LJOWMdov^n Amiiiujui major restructure lebuuciuit.'ib is required itJMutiuu to lu ensure uiiiruifcs optimal upuinar iegitimacy and attu effectiveness t*iit;Liivcrtc5>:o » \ 1 table the paper [ J aTabled t A'apeipaper Bundle of documents, various dates, regarding Ihe statutory declaration made by Lyn O'Connor J O X * ' Tabled paper The Australian media article, dated 9 November 2015. tilled ‘Queensland's Crime antiand Corruplion CoiTitnissronComtnisslbn slammed' The Local Government Tribunal was referred to last night. The tribunal sweeps in at the last minute, playing catch-up from day one. I have read tribunal rulings full of spelling mistakes, grammatical errors and errors of fact. There is no appeal from the outcome of the tribunal. I might be seen to be a loose cannon on this issue. A loose cannon I may be, but my views are shared by many Queenslanders, many community organisations, a number of trade unions and at least one chamber of commerce. My interest in tabling the documents is not overwhelmingly for those who are complaining—though their cause is legitimate—and not overwhelmingly to target dodgy councillors—though I am sure there are a few of those— it is to draw attention to Queenslanders forced to work in a toxic, bullying environment where they are subject to ongoing harassment, leading many local government workers to lose their jobs and, tragically, some to lose their lives. M r SPEAKER; I note, member for Cairns, that that was more in the line of a statement not a personal explanation, but it being the last sitting day of the year 1 have allowed it. Deputy Premier Minister for Infrastmcture, Local Government and Planning QuMnsland (•nvv*rnm'>fiJ and Minister for Trade and Investment

Our ref; OUT16/799 Level 12 Executive Building 100 George Street PO Box 15009 City East 15 TEB 2016 Queensland /r002 Australia Telephone + 6 i 7 3719 7100

Em ail deputr-premifr®nriinisterial qld.gov.a Mr Robert Pyne MP Member for Cairns PO Box 5241 CAIRNS QLD 4870

Dear Mr f^ e

I refer to issues you have raised regarding concerns brought to you by members of the public about their local governments.

On 3 December 2015, 1 wrote to you advising that the Department of Infrastructure, Local Government and Planning (the Department) had reviewed material provided by you as the basis for your call for an Inquiry into the local government system in Queensland. At the time, the Department was of the opinion the issues amounted to localised matters specific to each of the local governments in question and did not contain evidence of systemic problems with the local government system that would justify an inquiry.

Qn 2 December 2015 you tabled further material in the Queensland Parliament to support your call for an inquiry. While I recognise your level of concern, and appreciate your dedication to your constituents, I can advise that the Department has now reviewed in detail those documents and is of the opinion that no new complaints matters concerning operation or performance of any of the local governments has been raised. The Department has advised that some of the material tabled related to matters previously considered and dealt with by the Department by way of referral to the Cairns Regional Council in accordance with the requirements of the Local Government Act 2009, as noted in my letter to you on 3 December 2015.

As previously advised, I would recommend you encourage people with issues with their local governments to raise them formally through the appropriate complaints or appeals process. This includes making a complaint to the local government concerned, which must deal with those complaints in accordance with the Local Government Act 2009, or making a complaint to the Queensland Ombudsman. Where there is evidence of corrupt conduct by a public official, the matter should be referred to the Crime and Corruption Commission.

I encourage you to contact Ms Emily Brogan of my office on 3719 7082 or by email to [email protected]. Emily would be pleased to arrange a briefing for you with a key departmental representative to listen and further discuss your concerns, if required. i Yours sincerely

JAC KIE TRAD MP DEPUTY PREMIER Minister for infrastructure, Local Government and Planning and Minister for Trade and Investment Deputy Premier Minister for Infrastructure, l,oca! Government and Planning and Minister for Trade and Investment

Our ref: M C I6/1732 level 1?. 100 Oeofgv Stjeel PO Pox ] S0 09 fa s ! Quecsislnr.d UAYJ A u stm lia 7 APR 20;8 l eltphun^ + 6 i 7 3739 7100 Lmail Cf-pi:tv.p'em.m..-jnim SUiJldi.uid.jto^'.,

A:1NQ0 35,6uJO:/39 Mr Rob Pyne MP Member for Cairns Via email: [email protected]

Dear Mr Pyne

Thank you for your email of 21 March about feedback from a meeting held in February to discuss loca! government issues.

I am advised in relation to the matters discussed at that meeting, the Department of Infrastructure, Local Government and Planning has taken a number of actions:

o confirmed a number of matters are under current investigation by the Ombudsman or Crime and Corruption Commission <■ investigated issues raised in relation to a development application in Somerset Regional Council, and found that Councirs decision is being considered by the Planning and Environment Court ® investigated issues raised in relation to Fraser Coast Regional Council seawalls and found that Council has made a lawful decision to apply special rates and charges under the relevant legislation • reviewed Cairns Regional Council's engagement of a contractor under the Locai Buy arrangement and found it to be compliant with procurement requirements ® refe.ned the issue relating to flying fox removal in Cairns Regional Council area to the Department of Environment and Heritage Protection for investigation o consulted with the Department of Natural [Tesources and Mines regarding the legality of council charges for mining claims and found them to be in line with standard provisions o advised a number of correspondents to take any evidence of criminal activity to the Queensland Police Service, and evidence of corrupt conduct to the Crime and Corruption Commission » advised a number of correspondents of their options to refer their complaint to the Ombudsman, seek legal advice or the advice of the Queensland Civil and Ad.ministrative Tribunal.

The Department continues to address a number of the matters through ongoing correspondence and investigations. A sum.mary of the responses to the niaterial you tabled in October and December 2015 is enclosed.

Additionally, the Department has been reviewing the material you tabled in February and March in detail, and is taking action on matters as they are fully investigated,

1 would reiterate the advice previously provided, to please refer anyone who has evidence of criminal activity to the Queen.sland Police Service, and anyone who has evidence of corrupt conduct fo the Crime and Corruption Commission. In reference to your email of 26 March 2016, 1 can confirm it is not usual practice for any Members of Parliament to coritact Directors-Generai or departmental officers directly. I would be pleased to assist you at any time with requests for information, and these can be made by either emailing 11y.P rfV ie ’ ta-miriistOflaI did.om a». or contacting rny office on 3719 7100.

Additionally, Members of Pcirliamcnt have a number of options for re-questing information from Ministers including questions with or without notice in Parliament and Right to Inform,ation requests under the Right to Information Act 2009.

I trust this information is of assistance. If you require further information, please contact Mr Matt Collins, Chief of Staff in rny office on 3719 7100.

Yours sincerely

/ b - i

JACKIE TRAD MP DEPliPTt' PREMIER Minister for Infrastructure, Local Government and Planning and Minister for Trade and Investment

Encl.

Page 2 of 2 Attachment 1

Summary and analysis of documents tabled by M r Rob Pyne, MP, Member for Cairns in the Queensland Parliament (14 October 2015)

Doc. Date Council Description / Label Pages Councillor Council Summary / Allegation Response No. /Identifying info conduct com plaint allegations allegations 16/05/2015 I Tablelanas Briefing Paper - 19 I Nil Nil Expresses general concerns about No action reouired. Our locai Council's CEO, M ayor, D epa rtm en t, government and Tribunal, CMC and complaints failures of the processes, particularly perception complaints process that process has been corrupted. No new specific allegations or complaints matters identified.

2015 Tablelands ' Page titled 2015 Nil Nil Reiterates concerns expressed in No action required. com m encing LNP I Document 1. ! and Labor Party were Informed U ndated Cairns : Correspondence to 1 Conflicts of 1 of breach Council CEO advises no matters re The Department contacted Rob Pyne from interest (Col) s.224 Local purchase or vehicles / plant Coimcll's CEO who advised that ! Noel Castley- fo r 7 Government brought to Council - therefore no ail purchases of plant and : Wright (Cairns) Councillors; Regulation COI/MPI can occur. equipment were done under a i iVlaterial 2012 contracts Alleges damage to trees near local buy arrangement under the Personal >$200K library and alludes to report appropriate delegation and that Interest (MPi) suggesting substandard work by no vehicle purchases ever went fo r 1 co u n cillo r GEM; expresses concern that GFM before Council for consideration. contracted for arboreal works and The Department referred the questions process. No firm allegations about Council's allegation or complaint made, no contracting arrangements with ! evidence provided. Suggests GFM to the Council to deal with dismissal of staff at de - through its internal complaints amalgamation based on political management process. affiliation. Allegations with no Other allegations provided specificity or evider.ce to support insufficient grounds for the claim . Department to determine wrongdoing by Council or Individual_councillors. The ______

1 Attachment 1

Doc. Date Council I Description / Label Pages Councillor Council Summary/ Allegation Response No. 1 /Identifying info conduct complaint allegations allegations ...... T Department to write to Mr Pyne to advise that if a person has i evidence of corruption or misconduct by councillors that information should be providec to the Council CEO or the CCC as ! appropriate.

Undated Cairns Cairns Regional 1 Conflicts of ■ Nil Possible CO! X 7 Councillors - given The Department has referred Council Undeclared interest (Col) attempt to retrospectivelv make three allegations of possible Material Conflict I fo r 7 declaration and rectify oversight / failure to deal with conflict.s of (Cdirns) I Councillors; failure to identify and declare. interest or material interests by S eparate Col Separate Col Ci Bates m a tte r seven councillors to the Council for 1 councillor already appears to .have been dealt CEO to u n d e rta k e a p re lim in a ry with in accordance with the Act. assessment in accordance the Local Government Act. Allegation 4 - no action required. i 5 I Undated Tablelands Report on Nil Nil Standing Orders appear to have Amendment of Standing Orders Tablelands been amended properly by TRC and reviewec by DILPG and no Rfsgional Council i consistent with practice endorsed further action required. Amendment to by Department. Appears to be Standing Orders lacking in sub.stance. 3 /1 0 /lS 6 O ct 13 T ablelands Extract from I Nil Nil Description of Mayor personality/ The Department is reviewing the I Tablelands interpersonal skills and leadership material to ascertain whether an Regional Council style. investigation or any other action _^lualion Ai^dit _ IS required. U ndated rabioiands Summary ot '!"3xC0!xiCr .Nil Description of a councillor who Cr Hodge appears to have Mc'flter Pi'oven ! (Hodge) declared a conflict of interest (as declared COi or that he did not Undisclosed required by Local Govt Act 2009). have a COi as requi’'ed under the Conflict of Interest LGA09. No action required. Attachment 1

------Doc. Date Council Description / Label Pages Councillor Council Summary / Allegation Response No. /Identifying info conduct com plaint allegations allegations No evidence in support of bald 1 8 U ndated ^ableianris .Summary of S 1 X Corrupt CEO/Council Alleges Mayor directed staff M atter Breach of co.nduct X 1 Cr sta ff member to make a contract 3 years allegation received. If cogent Local Government (M ayor) d u ra tio n instead o f 1 year as evidence exists, complainant Act TRC advertised, directed staff member should make complaint to CEO Rroci:roment as to who to award the contract to and/or CCC. and directed contractor how to H ow ever th e D e p a rtm e n t is complete invoices. seeking further information from the CEO on this m a tte ^ 9 Undated "ablelands Summary of Nil Nil Complaint of changes made to No action required. Changes Matter No More Standing Orders. were made in accordance with General Business Act and reflect preferred a t TRC Departmental position on reniuvirig "geneidl business" ele m e nt. Undated Tablelands Summary of Nil CEO accused o f Nil Complainant should be advi.sed Matter Violent assault to report m atter to Q.PS. ""his is O utbursts not a Councillor conduct complaint matter. 11 U ndated Tablelands Summary of 4 I x Nil Appears complaint made about Not a new' conduct complaint. M atter Public Inappropriate conduct of Mayor & dismissed at No action required from 1 insults Conduct xCr | p re lim in a ry assessm ent as DcpartmenT. (M ayor) "frivolous" under the Act.

1 12 Undated Tablelands Summarv of 5 1 X M isconduct CEO Attempts to remake complaints No action required from ; M atter Porjuiy' X 1 Cr (Mayor) already determined by Local Department ~ proviou.sly dealt i Governmeni Rpmuneration and with by fribunal. | Discipline Tribunal (Tribunal) in 2013. Attachment 1

Doc. Date Council I Description / label Pages Councillor Council Summary / Allegation Response j No. /Identifying info conduct com plaint allegations allegations ! 13 U ndated Tablelands Summary of 6 Nil CEO Not a complaint about Councillor Complainant may make a ■ tTlatter CEO and conduct. complaint using Council's I Mayor deliberately complaints management I i fail to obey processe.s if not already done so. 1 resolu tio n However the Depart.menl is , currently reviewing this ' ! m ate ria l. 14 7/10/2015 Tablelands ■.Divided roign 3 Nil Nil New.spaper article, not a complaint. No action required. ' newspaper extract i 15 13/1C72015 Tnblolands Queensland 0 Nil Nil Nil No action required, | " Parliament Matter J of Public Interest 16 2 4 /0 7 /2 0 1 5 N /A ' Parliarnontary 5 Nil Nil Nil No action required. Research Brief for Mr Shane Knuth j M"' - Dismissed i 1 Qld Councils 17 U ndated N/A vVitness /' 9 Nil Nil Nil No action required. Characters ‘orms 1 18 V arious T a t elands Newspaper articles 8 Nil Nil Nil No action required, ! 1 TOTAL PAGES 91 Attachment 2

Summary and analysis of documents tabled by Mr Rob Pyne, MP, Mem ber for Cairns in the Queensland Parliament (2 December 2015)

Doc ! D ate Council I Description / Label / ' Pages i Councillor Council Sum m ary j Allegation Response No. i Identifying info I ! Conduct c o m p la in t allegations allegations Undated ! Nil Table of Contents 1 Nil Nil Purports to cover range of No action required documents- additional unlisted material identified; some elements do not appear to have 1 1 been included. 21/10/2015 Tablelands Letter from Cr Marjorie 3 Nil Nil Alleges bullying, abuse and No cogent evidence prnvideri in RC Pagan to Mr Rob Pyne victimisation, removal from a support of allegations. However Council meeting, issues re th e Depai tm e n t is c u rre n tly i attending council meetings by reviewing the material j teieiink, aiiegations CFO does not p rovided. "obey" council resolutions, alleges bullying of staff, alleges suicide of a former staff member in relation to bullying by Mayor, failure to declare a COI by Cr Hodge on a development application, use of casting vote. ______3 14/10/2015 Genera! Letter from The Services ! Nil Nil Nil No action required. Union supporting Mr Rob Pync's call for an inquiry into locai government __ ___ 1 7 /1 0 /2 0 1 5 B undaberg Email to Cairns I 4 Nil Nil W riter advises that the Crime and The Department has active RC Electorate office 'rorri Corruption Commission and the correspondence from Ms fv's M ary W alsh re: Queensland Ombudsman have Walsh, and this issue has been ongoing concerns about 'refused to act'. previously reviewed. anproval of a Wooiworths / Masters centre adjacent to a wetiandsarea Kepnock residcnt.s action group Attachment ?.

Date Council ' Description / Label / Pages Councillor ' Council Summary / Allegation Response I No. 1 Identifying info Conduct 1 complaint 1 aiiegations 1 aiiegations 1 1 Various Tablelanas I Newspaper articles 5 Nil ^ Nil Various newspapo'' articles in No action required. [ RC response to M r Pyne's documents tabled October 2015.

N o v-15 Mackay RC Maritime Union of 1 Nil ! Nil Email expressing support for No action required. 1 Australia ernaii of Mackay Regional Council V support to person em ployees C ■ unknow n ! ...... 1 !■ Undated Cairns RC ; Alan Krumin 2 Nil Nil I Allegation from 2011 that council No cogent evidence provided in i 1 officer committed fraud, Cairns RC support of allegations. Not a did not action, investigation not complaint about Councillor carried o u t p ro p erly, PID conciuct. However tiie disclosures made and not Department to write to Mr Pyne protected from reprisal, taking of to advise that Mr Krumin may stress leave, WorkCover claim and wish to pursue relevant matters appeal, fraud by payroll clerk not with the appropriate entities dealt with by Council, staff such as the Council, Queensland changes auring de-amalgamation. Ombudsman, or Queensland Concerns about death of Council Industrial Relations officer - WH&S matter. Commission. 30/10/2015 Lockver David Henderson, Nil Nil Unspecified commentary / lists of No action required. Valley RC Secretary, Scenic Rirn articles relating to backpackers, Ratppsyrrs Assonation Queensland Moto Park, the in support of Mr Pyne's Council of Mayors committee • call for inquiry. some links to deveiopmont I applications ______7/09/2015 j Rcdland Copy of correspondencp j : Nil Request by Council 'or ] No action required. CC from Redlands CC to Ms i defamatory material to be Adelia Berndge re removed from Facebook site - comments published on matter between Redland CC and Facebook Ms Berridge. 11;

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m Media Release

[^one: 0438 360^76 ______Email: Rob.Pvne(5>parliament qld,aov.au 1

October 13. 2015 (EMBARGOED Until 2:00pm) TO; ALL MEDIA Council Allegations lead to inquiry call

EXPLOSIVE allegations concerning a number of far northern Councils has led to a call for an inquiry into Local Government in Queensland. Member for Cairns, Mr. Pyne has tabled explosive allegations In the Queensland Parliament alleging unethical behavior, bullying and breaches of the Local Government Act (Qld) and called for a judicial enquiry into local government.

Mr, Pyne said, "information provided to me by Tablelands Residents Jason Ward and Lyn O'Connor in relation to Tablelands Regional Council (TRC), alleges illegal activities and a dvsfunctional culture at TRC," He added, "I have also had complaints raised with me concerning Cairns Regional Council and Mareeba Shire Council.'

in relation to TRC Mrs O’Connor said, ’The long suffering resibents and staff of the TRC area have had to put up with a council that is nothing short of an embarrassment. When you consider the systemic nature of the mal-administration and the illegal behavior, I know that this Council should be dismissed without further delay and an administrator appointed.’' She also confirmed that TRC has a 30.24% rate rise in the budget by 2017/2018. Mr. Ward said, "Local Government should be an employer of choice and Councils owe a duty of care to their staff as well as the community: The number of people v./ho have been dismissed and damaged because of the bullying and toxic culture of TRC is shameful. Lawlessness and white collar crime must be dealt with equally regardless of where it occurs or who the perpetrator is."

Mr. Pyne said 'This concept of Council as master rather than servant manifested itself recently when Redland City Council has sought to shut down online criticism by sending threatening legal letters to residents over comments made on social media suggesting political donations from developers had swayed council decisions. Council also contacted some of the posters' employers about the controversy and at least one had their job threatened as a result."

Mr. Pyne said, “Transparency and accountability must be a cornerstone of our governance process and documents I have tabled in our Parliament shov^ this is not the case in Queensland, Aiiegations of undisclosed (and disclosed) conflicts of interest, bullying and fraud.” He concluded ' A judicial inquiry is required to get to the 'root of the real issues' and identify systemic weaknesses in governance. Such an inquiry would then be in a position to recommend changes to the Local Government in Q ueensland” T ablelands Regional Council Atli&rton Servic',- Centro PO Boa f'73, Aiheilon 0 1 D *|583 Te-iephone' 1300 36? 242 TRCANrj<: pitjIOns ! (T-unrii Offico of tho Chief Exeruilve Officer ian Ghiircti Chief Exnciiiive Officer 1 olephuno- ',07) 4039 239'! Faicsiin'lt (Or) 4091 4300 ^ 13Ocl90^r2O15 Cni'Li info.'gtKi-ttftl.yov.Du

Fils Ref; CUS-rjGN GOV-COJ-COD Your Ref The Hon Jackie Trad MP_ Deputy Premier M inister for Transport, PTlinister for infrastructure, Local Government and Planning anci Minister for 1 lade PO Box 15009 Cn YEAST QLD 4002

Via ernal: cleoulv.nremieitvniinistenai.akI.Qov au

Dear MinPlei

DOCUMENTS TO SE TABLED IN QUEENSLAND PARLIAMENT BY THE HON ROB PYNE MP

I lutve just become aware that doourneiits containinvg allegations about Tablelands Reaiona! Couiici will be tabled in iite Queensland Pariiainciil tomorrow. I am acivlse>:i that ttic fvlember for Cairns, the Hon Rob Pyne, will be tabling the documents and that they contain ar.cusations of inal-aciministratiofi. illegal ac.tivities and a dysfunclional cullurci The documents also call for a i.cn'IS judicial encjijiiy irito Local Governrnent...... — ...... T k Cwv i Mr Pyne has not raised these allegations with the Tableland? Reqional Council or sought any i' y r;.}, com m ent ^ - A -4 -i' r 1 hese are very serious allegations and are utterly re.fut->d in addition, tabielanrJs Regional Council would weiC'Orne an enquiry into any aspect of its affairs. f\ - (’pp'T k'c ^

\ ViKf ■ ‘'tx r' ^ Df Yours faithfully V'*'.. A ■ .

fVr T . t f y , 5.'. t •'

IAN CHURCH ' > J r, r'ffS T A rCr-'A.! CHIEF EXECUTIVE OFFICER

Public Offit.i!.- ■IS Mi'bf;! Slict.-f, A thvrtoii Ql.D 4B33. l-nsiiil PO Eux 373, A thorloii QLD 4633 S tjrvici' CcrttiT>s: AUiorlon, TlEnbyrlon, fyinleinrUi, iTtfvonshoe W AV. t f'c. (11 cJ. g 0 V. N u Print Arlicic; Nurlh Queensland Ml* Rob Pyne to allege iraucl. bulls ing in local gover... Page 1 of 2

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North Queensland IVJP Rob Pyne to allege fraud, bullying in local government

\ni> l^cmeiki-. I’lihli'aK'd: Oclobor P', '’, 01s - S-Cll’M

l.abi)!' MP Roh Pyne w ill demand an inqnin into local government in Qucciisland. alleging fraud, bullying, nepotism and lo\ic en\ irntimenls arc running rile.

Mi' Pyne. a rorinci' Cairns (.’ouncillor. w ill use pai liruncntary pi is ilege to table "explosive allegations" against the rablclamis Regional Council, where I'csidcitis tire to face a Pi |iei cent rale rise in the 2 0 17 i S y ear. which M r P\ iic said had been brought to him ivsirleiits.

M r P\ ne said he had also received complaints reg.arding tnher councils and believed a widespread inquii-y intci locai governnient in Oueonsltind was over due.

" A s a result ol'a number o f issues 'vshich h;i\ c been brotiglii to in\' otTicc by con.stiiuenis concerning the inakidministration and allegedly illcgiil conduct within their loctil councils |) ani calling for this inqttiry j," M r Pyne said on Tuesrlay. .*5" 4 "I've nitidc a nunibei of appointmcnl.s to spctiK to .lacsie 1 rtid fl.ocai uoverniiism i Mitii.sici'J anil 1 am stire I w ill siretik with her very soon." he said,

■ i' "Cairn.s is ti long way ttway. and I tint cunl'idcn! I w ill be talking li.) .hickie \ery soon tind ! am conndenl t.tfa lair p. hearing."

I, M r Pi lie stiid l;e believed the ciirrent cotiiplainls s\ stem was a i'ailure

" I'he Hi's; thing that w ill happen when people compiriin to the C( C w ill be tiie mutter w ill be referred back to the Ci.O o! li'ic rcieviint council, lital is obvdously wrong on a mtinbei o f levels.' he said.

"1 lie other thing is the whistleblower proleciiuns arc tiCRuilly quite unsatisfactory', heciiusc what you'll find i.s matters w ill go btick to the local coui'icil In the CEO. tint! jreople won'! be dismis.sed lor rai.sing ifieir concern.^ - but it just litippeiis a few weeks later ihey arc disitiissed for conijileteiy different rciison.s."

.Mr Pyne believed the local governmeni changes inti't.uluced by the I \P ii.> tillow councils more tiuiunviiny h;id coniributetl to the proirlem.

ftibleliinds Resident tind farmci 1 yn (.)'Connor stiid there was "deep divi.sion" within Irer local uovcrninent. which had leti t

Mrs (t'C'onnor said an inquity was needed to "pull apart all tire cairsal cITccts". but a spokesperson for Ms frad said tliere were other steps as outlined in the l.ocal ('lovernincrit .yct.

"It is understood that the contplainants have previously provided inibrintilion to tiie Ibepiirlrneni ol'Loctil tiovernm cnt, Infrasiructtire artd Pkiriiiing (DL(.ilP) regarding the itditiini.siration oflocal governnients." she said in a slaiemcni.

"W c arc aJv ised the issues raised were invesiigaieu by the Deparinicnt attd fciund to be iinsnbsianliaied.

" 1 he coninlainants have previously been ad\ iscd that if il'icy have further evidence then titei'C arc anpro-ariate avenues lot progressing their complaints depending on the nature ofthe alleguiions - this includes investigation bv 1)1.(ilP . rc fe rrtil to the CCC. or (diiccii.slancl Ornbiidsmait,

http:''www.brisbtinciinics.com.tiu action.'priiitArticie'.'iil-1 (H.) 14.261 20 .o,4)2/201 6 1*1 int A niclc: Norlh QuceiislaiKl N41* Rob I’niic u> allege I'rauil. bullying in local guver... Page 2 ol'2

M 'O tir ulfice iitidersiaiids that ihe con'.plainani has iiol \t'i piovidocl aii> lunher evidence to the ilcparlnient oi- to ihc fdeptiiy Pieinier's ttfiice.

■'If there are new aiiegations they shitukl be pi'r'\i<.iod to DLCilP for invesligatinn or rcterrai to tiiioihci agencv .''

A spokesman for the 1 oca! (iovernm cnt Association of Queensland said they could not comnienl witiioui knowing ll'ie ahegtttiuus.

But Ml' P\ ne said lie believed it was time to take a stand.

" riiis L'till for a judicial iiieiuin is not mere!) Iitised on evidence ihtil has been brought to me in my slinri lime as an MP. but the likelihuot! tl'iat much more nititerial '.till cotne lorward ifa u } incjiiiry is set up and ivitite.sse.s feel sale to testify." he said.

"I am more than conlklcnl it is jiist the pioverbial lip ofthe iceberg'."

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Cairns MP Rob Pyne alleges wrongdoing within Far North Queensland councils

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Llcnbei icr i..n!i;is r'r!'Pyaw Ul r> t-ate G o w rn m e n t O r^nino. P

CAIRNS MP Rob Pyne daim s he will today release evidence oacking up aiiegations o.' "unethicai betiavioui, bullying and breaches of tire i oca! Goveitimeni AcP within iluofe i-ar Noittiern councils

B ut his Governnient says many of th e aiiegations have alreaciy been investigated .ind found to be unsubstantiated.

the rooKie Labor MP will use hij? parliamontafy giiviic-ge to detail alleged illeqa! activ'ties within rablelands l-teqionsl CcHircil. ivtarecba t-jhii'e Council anti the Ctaiiris Rogional Council.

the: 'ori'fiei two-terAs Cairns councillor intends to use this tobiod {:Vi- ioiico to coll foi a iiu'iicinl inouiry to identify systemic'/.leaknesses in qoveinanne'

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In a media release sent out yesterday, Mr Pyne dednred his evklence - paitiaily gathered by Tablelands resicents Jason Ward and I yr. C'Connoi - had already been tabled in State Pafiiarnent.

But he then issued a corroction saying thai ‘due to pasliamentary proceduicf, the doeurnents would be tabled imrnediale'y 'when the 1. egislative Assembly sits todyy

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Tianpparency and accountability must be a cornerstuiio of our govcni-ince pioccss, " he said in the s ta te in e n l

Documents I have tabled in our Par'iatnont show this is no! tho case in Oiieensland.

'I I'lave received h numltai i.if allegations of undisclcseti (and riisclosodj con.fiicls. n| interest, trullyiitg anrJ fraud "

He said a judicii'.i iiiquiiy was reqiiiied to get to the ’rooi of the teal issi'es”

'Such an inquiry would then bn in a )>osition to reoorr.niend thangr.'S io ioc.hl government in Queensland," Mr Pyne said

A spokeswoman tor Deputy Premiei and Ltjoai Governtneiil Minister Jackie Trad said it was uncleistood the complainants had previously provided mlorination io the Government regarding the admini-stiat^on oi local yijveinm ent.

"We are advised tire issues laised were uivestiuatefj by Ihe department and found to be unsubstantiated." she said

She said ttieii office understood Mr Pyne hrad not provideil any fmtriei evidence to the department nor to the Deputy Piernier,

It theie are utvv allugations they strould be providod to tlie department foi invcrstigation or igteria! to anothe' agency," sue said

liie se processes are dearly outlined in ttie ! ocal Grjvornnicrnt Act '

lablelancis t'/iayoi Rosa Lee Long stioir^iiy refuted tire ailegaiiotrs oiied byJvJi F^ynej yesterday.

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‘ I am veiy disappointed that Mi Pyi'if-' did not cont;.K,t riivseli or any ottier seniur staff from the TRC to clarify these allegaiior.s,” she said.

“Wc woiiid ■•/v'eicornc any inquiry by the State Goveinrnsini, and wiii be seeking a retraction and an

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Mareeba fdayor Tom Giimore believed sorne of the aiiegations against his council originatect from a disguintled lonnei oniployee.

'All of the allegations vyem irivpstigatftd and found to be without .substance," he said

I he matte; was promptly and appiupiiMteiy dealt witti rmd found to liave no case t(i answer."

.A Cairns Regional Council spukeswornan saici fv'lr FQne had not raised any crjnceins with tfie council.

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2272 Ministerial Statements 15 Oct 2015

MINISTERIAL STATEMENTS Local Government

Hon. JA TRAD (South Brisbane—ALP) (Deputy Premier, Minister for Transport, Minister for Infrastructure, Local Government and Planning and Minister for Trade) (11.31 am); The Local Government Act 2009 provides a framework for dealing with complaints about the conduct of individual councillors as well as for the intervention by the state in certain circumstances. Yesterday the member for Cairns provided my office with a range of documents pertaining to local government in Queensland, and I understand these same documents were subsequently tabled in the House yesterday afternoon. My office immediately referred this material to my department for consideration and assessment.

My department has undertaken an initial review of this material. Based on this initial review, they have not found any basis to substantiate the claims that local goveiniTient in Queensland is broken or that a systemic judicial inquiry is needed. More specifically, 1 can advise the House there are two complainants who have raised a series of allegations regarding Cairns Regional Council related to conflicts of interest, the letting of contracts and breaches of the EPA—the Environmental Protection Act—and this documentation included a reasonable level of detail and particulars. These will be immediately referred back to my department and back to the CEO of Cairns Regional Council for preliminary assessment as provided for under the Local Government Act 2009.

Additionally, a significant volume of material has also been provided in relation to the Tablelands Regional Council. I am advised that some of the claims made in this material may be referred to the CCC given the nature of the allegations. I am also advised that the vast majority of the material, however, is very difficult to classify in a short period of time as it is a mix of broad allegations of breaches of particular sections of the act citing comments by councillors and staff in council meetings, media articles and what appears to be reports^ prepared by complainants. Much of the material cannot be attributed to an individual as these do not have any author or complainant detaijs,

Nonetheless, 1 have instructed my department to review all the material thoroughly and provide advice to me once this has occurred. 1 will update the House in due course once I have received detailed advice from my department. LGAQ REJECTS CAIRNS MP*S CALL FOR JUDICIAL INQUIRY print i.CAO rejscts Cjiirns jViP's call for itiauifv NEWS RELEASE

IhufsUsy 1b Octobti; 201b

LGAQ REJECTS CAIRNS MP'S CALL FOR JUDICIAL INQUIRY

T'lif! Locai Govnrriment AsKOciaiioii of QiieenKiaitd (LiiAQ ) has .ejea.tt'd ciairris by Caiins

'The firlf Fyne l ias raised are,lajdeiljfirecydea daims,tKiittisagia tjeen properiy investfaaiSdS^Sfel found to fei^.h§seless.' she said

Cl de W it said tfial ii Mi Pyne, a fairnei cotncilior, had aliegations of wrongtioinc' he should take ttieni tc3 relevant authont'es such as the Cnme and Corruption Commission (CCC), the Depaitrnent of i.ocni Goventnienl or t/.e Omt-judsman rattier than pursue the costiy process of a judicial inquiry

Mi Pyne Knows tsieie aie already Vveii-esirsblisiserj piocesses In place foi dealing witn insttets sucfr a'.-, il ie se .' she said

It s mcietiabifc thni a Meniber of Paiiiament would seek to use his position to make toaseie^s iirdt i il ia priviicfif^ of Pfv liameni essieciaily when mnttaiB tmko already been dealt wrt>- m i'_ proper prncnssns *

Local Government Association of Queonslanci I GAO House 2t> t'-.velyn Street fviewstoad Qld 4006 V'uVvc. \

I T . V , - >i'V ' " " ' 219 Views 15M0'15

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1h :-R ^ I ■' tol.GlVh-' ; I i/iiun backs calls I'oi' investigalion into far north Queensland council corniption claim... Page 1 ul'2

NEWS

Union backs calls for investigation into far north Queensland council corruption claims

[iy Shnrn.<= Kini

Updisted 7hij 15 0ctjOJ5. ?3ip>v

A union representing council workers has supported calls for an inquiry into claims of corruption in far north Queensland councils.

[ he Member for Cairns, Rob Pyne, yeslerctay tataied documents in State Parliament alleging wrongdoing at a number of councils, particularly Tablelands Regional Council in far north Queensland,

They include allegations of corruption in awarding tenders, u.ndisclosed conflicts ot interest anc intimidating conduct

Neil Henderson from the Services Union said while it was not kno'wn if the claim.s were true, they should be properly investigated

"On the face of it some of ttiern are very serious and given the serious nature and the volu.Tie of them, we agree with Mr Pyne that an iprguiry is probably the best way to go from this point “ he said.

Deputy Premier J.ackie Trad says tlicre would not be a judicial inquiry into the running of local government inQueensland

Ms Trad told Parliament, the Department of Local Government nad reviewed t'no material,

'They have not found any basis to substantiate the claims that local government in Queensland is broken or that a systemic Ijd'Cial inquiry is needed," she said

/\ spokesman for Ms Trad said further allegations had been forwarded to tiis department for investigation or referral to the Crime and Corruption Commission

The Local Government Association of Queensland (LGAQ) nas rejected cafs for a judicial inquiiy into councils

LGAO president tvlargaret de Wit said it was "regrettable" Mr fryne used parliamentary privilege to meke "baseless claims", which .had already been dealt with by ralsvant autliarities ,

Tablelands Mayor rejects allegations

Tablelands Mayor Rosa Lee Long has rejected all of the allegations and labelled them derogatory and defamatory

She said she would welcome an inquiry,

"We believe that this is the work of a couple o‘ disgruntled residents who don't like all of the decisions that council is m.aking," she said

"Tney'd previously lodged complaints and they've had thorn assessed not just by council officers but also Department of Infrastructure Local Government and Planning and Ihe Come and Corniption Commission and they've been unsubstantiated "

She said she was extremely disappointed with Mr Pyne

"Rob Pyne MP has not shown any regard to the Tablelands Regional Council with this m atter" she said

'W e tiave not received any contact wittr hint regarding the.se a!!&Qaticri.s a.ncl the tabling of this info.'mation wliich is labelled as ccnfidential into a public arena without seeking any infoimalion from those accused is in my opinion, a blatant disiegaid of open, honest and accountable governance "

The documents also allege undisclosed conflicts of interest by Cairns regional counciHois in planning and procurerneni decisions

The concerns were raised by former Greens' candidate Noel Castley-Wright who has been a vocal opponent, of the council's flyiifcj fov dispersal methods which are the subject tyf court proceedings

! he documents allege the council bought vehicles from a ca' dealership vrhicn donated more than $40,000 in campaign

liiin :'.■■■\v\v\y .abc.iicl.aii'TiesNS'TO 1 5 - 10-! 'can-rtii'-inquify-iulo-llir-nonli-L|ki-C(>iuicil-cor,,. ,'t (I2 ‘2 0 ! 6 ■ niiin backs calls lor in\esligalion into I'ar nurih Queensland council corruption elaini... Page 2 of.!

tH donations to councillors

Cairtis Mayor Bob Manning declined an interview but saici councillors complied with legal obligations when dealing with planning decisions where there were perceived conflicts of inteiest

He said rnanagernent and not elected councillors, were in charge of buying council vehicles

Topics; l-.-'C.at i.jovonvT ^idU'Fi-dncJ i-rifrtonr ^ wnn'=--V.QO

posted T'hi I'j Oct 2Qti\ 8 5r’c)/n

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From : Ian Church 1 .1 c.a Id .kov,at D ate: 11 November 2015 9:47:?,3 arri AFST To: ^ Al! IRC Staff AilTRCSrA(.r@ trc.Gii:i.eov.au> Cc: +Council <-»CpuMc|ll^tr<:.gid.goy.au'> Subject: FROM THE EXECUTtVE LEADERSHIP TEAM 11 NOVEMBER 2015

Hi A ll,

[ ast week saw both Council and ELI meetings held. Please find following highlights from both.

Council Meeting 5 November 2015

I ree Roc Crew Each member of Council's own "Tree Roo Crew” gave a presentation to Council regarding their experience in the LGMA Rural Management Challenge. Ti:e presentations were very much appreciated by Couriciilors as evidenced by their positive comments. It was clear Councillors appreciated the value to the IRC in staff urrdertaking professional development of this nature. Once again, welt done "Tree Roo Crew".

Tropical Tablelands Tourism M emorandum of Understanding Council endorsed a Memorandum of Understanding between TRC and TIT. The memorandum sets out the roles and responsibilities of each organisation for the 15/16 financial year together w itli key performance outcomes for TIT to deliver. This ensures Council receives value for its almost $32,000 c o n trib u tio n to 1TT.

M illstream and Cassowary W ater Suppjjes Council was advised that in response to grant applications lodged under the Local Government Grants and Subsidies Program it has been awarded $700,000 for each of the Millstrearn and Cassowary W ater Supply upgrades. Well done to our staff for the quality of the grant application.

Quarterly Report 1 July to 30 September 2015 We are required to measure our progress against the operational services and initiatives detailed in our 2015/16 Operational Plan. The Plan is an im prjrtant document as it details tlie tasks and projects we are to deliver during the year and ensures that w hat w o d o on a daily basis contributes toward.s achieving our Corporate Plan goals. We have set ourselves a combined total of 233 operational services and initiatives to achieve for the year, and at the end of the first quarter 33 were completed, 173 were on track and 27 required monitoring. You would expect a lovr number of completed tasks as many wiii span tite entire year, so the result is excellent and Counr;il endorsed tfie report. Weil done to all.

"Sherie Lane" Council endorsed naming the access to the Atherton Crematorium off Nasser Road "Sherie Lane" at the request of the applicaiit.

Sale of Councii Owried Vacant Properties Council has been considering the sale of freehold land that is not required for future infrastructure or growth, lor some time. It doesn't make sense to hold onto land in non-strategic locations which costs money to maintain, therefore Councii resolved to proceed with the sale of 14 lots by public, tender. This is part of our strategy to ensure long term sustainahility for the TRC and our community and in the future Councii wii! be focusing on strategic land hc>ldings and effective use and management of open spaces. J

ELT Meeting 6 (Slovetnber 2015

TRC al its Innovative Best The Australasian Magazine of Surveying, Mapping and Geo-inforrnation, October/November edition, included an article about innovation ot the TRC as its Icature. Our staff implemented on innovative solution to improve data collection for disaster funding following T topical Cyclone Ita, The field reporting and data coStection procedure in place for disaster events was archaic, tim e consuming and administratively expensive. Councii staff reviewed this problem and after evaluating options decided to adopt Confirm Enterprise Management its mobile equivalent, Confirm Connect, Now, road stewards collect data in real tim e w ith Confirm enabled iPads. Councii now has 3.9 Confirm enabled mobile devices and is expanding the use of the Confirm system across the entire spectrum of asset management. 1 can't think of a better example of TRC staff actively leading tlie way. Congrotuialions to ail staff involved.

New Policies ELT endorsed a Higher Duties Poiicy and Procedure to assist with determining when and how much to remunerate staff acting in higher roles, and a mdnagcment Directive to piovido guidance on staff redeployment. A link to the.se policies will be forwardca’ in the near future. Please familiarise yourself with them as they arc part of our governance processes.

Council Election Project Plan and Councillor Induction ZQ16 As part of our planning for the future and strategy for dealing with a new Councii, FLf adopted a project pian outlining a nurnber of key actions and deliverables that are required in the lead up to the election. These actions will help ensure a smooth transition from the existing, to a new Council, in addition an outline of a Councillor Induction Handbook was adopted. Please contact your stiperviso'' if you would like to see a copy of the project: plan and Urduction Handbook outline.

2(315/16 Budget Review ELI endorsed the 2035/16 budget review as presented, which will be provided to Council for adoption in December. As planned, we are heading for a small operational deficit in 2015/16, excluding NDRRA income and expenditure, witt) a return to surplus in 2016/17. However, despite heading for a small operational deficit we are man.aging our expenditure whtbin budget and also improving on our budgeted revenue. Thank you to all staff and please keep up the .good work.

2015 Christmas Party We are starting to organise the Christmas Party and I vyill provide details in the near f uture. In the meantime please put in a date ctaimer for Saturday 5 tlecember.

Allegations Against TRC Councillors and Staff

I have previously promised to keep you up to date regarding the rdlegations made against Councillors and some staff, as tabled under P.arliainentary Privilege by Rob Pyne. At this stage I hove nothing further to report as 1 have not heard anything frorrr the Depadment of Infrastructure, Loral Government and Planning. The allegations arc currently being reviewed Ity the Department. As promi.sed, as soon as ! hear anything I w ill advise.

Sl'iOLild you have any queries regarding any of tire above matters please do not hesitate to contact any member of the ELT.

Regards tan Church Chief Executive Officer Tablelands Regional Council

Phone: 13G0 362 j Direct: 0?

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tVi;» -r.ii-'-J ;ih 1. ‘.'••...I.I v : 3 ■ ;ivi S'0 .-.y ■■ ,r t.'.hntO'i I f • r,,r> Tn-1 !Y<,|-t3 rtu.rIiabrffy V'J-'ii Cl ucm'-i;,.-. : E-'lpl'-.' U'VCfy W I'V.-'! it: di i-, i*. ly sr. -s'.-i, r; i*i I. 1^

Tabled does:- Wednesday 2"^ December 2015

REF-551511793

Table of Contents Page 1.

Item Number 13. Pages 43 - 50. RE Cali for Inquiry into Local Govt in Qld and the Compl'aints Processes.

Tabled documents Qld Parliament sitting week of 1st - 4**' December 2015.

Table of Contents

N um ber Local Government Notes I a b le o f C o n te nts 0] b Tablelands Regional Council l etter of support from Councillor (and barrister) to M ember for Cairns Rob Pyne.

02 ~ All Media Release from The Services Union supporting call for tnquifv 14 O ft 2015. oi'" B undaberg (Viaster(s) Plan. 04 Tablelands Regional Council Local Media following October documents tabled. 05 Mackay Regional Council & The Maritime Union of Australia support for Mackay o th e rs. Regional Council ernployeeb and others re workplace agreement negotiations. 06 Cairns Regional Council M i^ondiir.t and Corruption within Cairns Regional Council. 0 7 ’ Scenic Rim Regional Council Letter of Congratulations & Support for Inquiry into Local Govt. ___

08 ' a l l Letter of sujiport for Inquiry into Local Govt, by Qld Local Govt Reform Alliance Inc.to Premier, Deputy Premier, & Rob Pyne MP. OJ_a_ Lockyer Valley & others. Paper titled "Corrupt Government". 09 b Lockyer Valley & others. Paper titled "Backpackers". 09 c Lockyer vreliey & others. Paper titled "GWIZ/Webh's land LVRC Purchased". ___ 09 d Paper titled "Jamie Simmonds" (& others). 10 a Redlands City Council "Concerns Notice'' Council threatening action against resident for oriline comments about individuals. to b Redlands City Council Request to Investigate. 11 Hervey Bay City Council Letter ot support for Inquiry into local govt. _ _ 7 1 1 1 7 CCC." ~ Qld CCC slammed. (The .Australian by criminology and .lustice Profjjssor Timothy Prenzler & ors. ’l 3 ~ Tablelands Regional & State. Statutory Declaration re Inaction of Director General, IV^n]_st_er & CCC rlurin^last 6 & 7 weeks respectively. V arious Regional Media articles and reports re Local Govt actions. - "Gympie Council a toxic place to work” - "Debate continues over whether Councils funding of ..." _L_. 15 Mareeba Shire Council Major Conflict of Interest not declared and not managed so costs ratepayers and others. 16 a I Tablelands Regional Correspondence 2014 with Minster Crisafulli ’77b'’" I Tablelands Regional Correspondence 2015 with the ne\y_Labor G ovt._ __ 17 a & b. ' Tablelands Regional & State Letter to State - Director General S. Johnston investigated i G ovt. dog issue but failed to respond to report of 3 TRC staff suicides (in 8 months). I 18 Tableland.s Regional Council Correspondence to State 2015 re Draft Planning Scheme major amendments. Interference by state evidenced in phone mes.sage played to Council. 5 0

I 11 ( )'C'r)iiiU'i

Malli f ifiai'lioti t)l Milliner A (X’(

Oaths Act 1867 Statutory Declaration QUEENSLAND TO W IT

1. Lyn O'Connor, of in Stale of Queensland do soiemnly and sincerely declare that;

1 The scope of this Statutory Declaration is the inaction of the Director-

G eneral, M inister and the CCC in rcl;jiion V(> the seven Summaries of Evidence and other material in relation to Tablelands Regional Councii and the Failure of the Complaints Processes that was tabled in Qld State Parliament fay Hon Rob Pyne on 14^'’ October 2015 REF:5515T1384.

(tu!p:/,-w w w ,:virliiiinf'ril.ulrl in;v,au/j5i&UHiUii5/labJgK.eTrabledPapi:rry,:ci

2. In ihe Sitting VA/'eek commerinng Monday 12''’ Octofter 201S i provided MP Rob

Pyne Member lot Cairnr, with materials relating to a Matter of Public Interest.

The material sptrcifically relared to laDletands Regional Council as a Case

Study of tlie situation in ioccil government and the failures of the complaints

DIGCOSSOS.

3. Attached and marked as LOG# 1 arc true and correct copies of email requests 1

iT'dCie tor a meeting with the rele'vani Minister and emails with htji Chief of

Staff. At all times 1 remained coniiniited to open dialogue and a professionally

iielpful stance despite bcinq denied any such meeting or dialogue with Minister

Local Govt, DG or Ciiief of Staff.

4. Between the tabling date of 14'" October 2.015 and the date of writing this Slat

Dec bemg Sunday the 29" November 2015, I tiavo nut been contacted in any

way by the M inislfi, Ministerial or Di'OHrtmental officeis. I have noted from

pubhcaiiy avcdiable ip.foi'mation, tnat a Now Directoi General Commenced on

y" Novernber 2U15. The now DG and deijurimental staff lias not yet made

contact with me either. I am vt.-ry disappointod that no one has contacted me

however I iTiinain hopeful Ifiat a ne-w DG inigtu. bring tresft eyes to the faiiures

of some Local Governn-ie.nts induding the r.ornpiaint.s processes anc! give effect

to the saying that 'a new broom sweeps dean'.

'avc I oi -1 I yu ()'( oiiiioi

Mailer- liUivlioii el i)(i s. M iiiisifrM (<.

5. l!i Liu? interesL of completeness, the scvcmi new Suounary of Matters & Precis

ol Evidence tabled in Pariiarric-nl on the ]4*' Odober 2(j.!5 were subsequently

sent directly to the CCC. the CCC Form COl:Complaint Lodgement

I supporting details) document was compietmd on t? October POlS, scanned

and emailed to tl'.e CCC on 17'-'' October 20.113 with an autorriated read receipt

fiom the CCC postmaster on 17^*' October 20J5.

6, I forwarded tne seven Summaries of MaLtei' Precis of Evidence docuinents to

file CCC by Registered f^osl on 21 Oclobei 20J.f!. Australia Post have

r on firm ed th a t the Registmed Post parcel was delivered/received by th e

intc?nded lecipient being the CCC. Ihis parcel to the CCC included primary

c v id c o i.o files an d rviy S ta tu to ry D e c la ra tio n .

7. My Stdtulory Declaration accompanying the CCC ir.'dgement: was dated 19"'

October 20.15 and the originai was posted with ttio seven new complaints anrl

pnmai y evidence files by registered post, on 21 ' October 20.1 h,

G. At the time ot w'^iting this siarutery declaration it is Surtciay 29^" Novenibei

2.(11.5 and I can confirm that rny mail, email and telephones have been working

finc' for all otlier personal and business rommunications however 1 have not

received any acknowiedgement. from the CCC that they have received rny

corr’plamts or where they are in relatio.n to asives.srne.nt.

9. On Wednesday 2' ' December 2915 it will be 7 full weeks since the IRC case

study was tabled in the ()1..D Pdi iiament and I can state with total confidoute

that at this point in time 1. Iiave had no r.ontact or atlcm pled contact iiirrn the

Miriisfcr, Ministerial Staff, DG or DG's staff or tne department.

10. On Wednesday 2'"'" December 2015 il: will be o full weeks since the IRC

complaints and ail relevant, fo rm s were sent to the CCC. Australia Post ha.s

confirmed thr3t the parcel was ixiceived by ihe CCC, .In this Lime 1 have not

been contacted in irny way by t.‘ic CCC by post, email or teiepiione,

11. During this 6 and 7 week period re.spec*fully, i ran tonfiriii that there has not

been any issues with my postal servicty. email tapabilily or telephones

induding mobile phone. Durmg this time 1 have continued to receive ail

communications in a timely manner from a wide ranye of contacts including

p e rso n a l and business however ,?o communication or attempted

Paec 2 old I % !i l>'( oimni

\i.'i!lc: liuictii'i! o! i)< Minister it ( (.'( .

communication from the Stale Govt ministerial or clepartrnente! and no

communication or attempted comnijnication from the CCC.

12. [ am theref'ore of the belief that Queensland Local Governnu'tnl is biokon and

the relevant State Authorities arc unable or unwilling to act.

13. Mr Max Barrie who vaorks in the Director Generals Local Govt Dept was

certainly right on the money (so to speak) when in October P.O.1.5 he advised Person id D13 th a t "My best advice to you is to support Rob Pyne".

And 1 make this solemn declaration conscJontiousiy believing the same to be true, and by virtue of the provisions of the Oallis Act 1S67.

Declarer Lyn O'Connor

laken and declared before me d a y o f .2015, before me.

[signature] .lustice of liic l^oace/Commissioner for Declaration.s

Thir suciioii ItUci'litMialh iCnnl

Pace 3 oi 1 <9=

LOC

From: I.e.oconnorfd.'biaDond.com.au Sent: Thursday, October .15, 2015 6:07 A.M To: M all Collins ; Dl.0 Cc; Hrin f-'entiman Subject: Re: Chief of Stafi' response to Ms 1 yn O'Connor - re Uiary Manager re Urgent Meeting Request - Lyn O'Connor etnai!

Good Morning Matt, Apologies for delay in responding ovarnighl. I had a call from a man whose wife committed suicide while undertaking a LG complaints process through the DG ’s office. lust one more example tfiat needs to be explored through evidence through an inquiry I would sincerely hope that people don't have to revert to telling those stories and naming Departmental staff in rfie media.

I he Attachment tilled Briefing Paper can be found at page 38 - .56 of the tabled documents that are on the parliament website docs iink. 1 will wili forward the 'sketch' doc in word format: rather than pdf this time and see if that works. kindest regards, Lyn lyn O'Connor Mob 0407736746

yiiis f'nu-td, vvi:n 7i-v; 3 ,ta i 'rr n ff't';. (f fc-r t f rrou enxw', cniv finr con'iiif- srnf confioo--H.’3i in'orruiUto'n :f • ei '“'•.c-: in o-ror. yr->,j oskirH lo in ir rrn vc'rci*?* v i 'j.ttrM y a i pcis^ib *? .Ttn rrti-j.' «; : j .9;>v ■•Opte'. o f '^^)v fVoin y C ir rD r.-tpo tc’' jy.slei".'- n t-lw o riv -(V. jn nrenflfd rcc’Giom lhi 5 r^n n.l, you mus! no: f.v.iiv. or /^-’V J-'i’OGfs-; i*'i on 4; any fn-m o* d '•c’OUw.fC. 'OudtfM ■.."■'d /o r pn.bl.. :Hion n( prnrjil if al^o pfD'iiOileti Unit's? s.U

Ot-'-i!' Ms O'Connor

\iy com puter oQpears fo be i.r^ac’e to open • rose file types, la n vQi; please send as PDF or Word OocurrieiU.s?

i r a n k s

iVlatt Coliins Chiei ot Star: ' n v"^ Office of the Hon. iackie Trac Mif » Oepuiv ‘’ remier, Viinistc-:' for /nrspori, iMirii!.>r tor :nf'3.5ir;..cfj, a, Qa«ansi.in

F ro m : (.e.oconnor(S)bigpond.tarTi.nu [maiitoiL.r'.oconnof^gvbigpnnd.com auj Sent; Tue.sday, 13 October 201S lO:!)!] PM T o: Dl.O Cc: Erin f-entiman ; M att Coliins S u b je c t: Re: Chief of Staff response to Ms Lyn O'Connor ■ re Diary Manager re Urgant Meetirig Request ■ Lyn O'Connor email Importance: High

Dear M alt, & Erin,

The call is for an inquiry into local govt as a legitimate way to get to the root of the problems for all local govt's that are struggling.

The complaints process through both the DG's office and the CCC in 2014 wa.s a failure. In may 2014 the attached Briefing Paper wa.s sent to the current govt to explain that the complaints process you are again directing us to i.s sterile, im p o te n t, or o th erw ise u.seless fo r one reason or another.

Please take the time to understand at least tfier executive summary.

As you would be aware - the local govt act was amended in 2012 by the Newman Govt so that the mayor can direct the CFO and senior officers. Noting that this is meant to be done consi.stent to the local govt priruuples, this is simply not tfie case in practice in some councils.

Ihe fact is that in some councils, with real problems, tlie mayor directs the CEO and senior officers, (fullstop) c ^ 5 . The mayor directs the CEO how to deal witii complaints. The preliminary assessment by the CEO, deputy CFO or senior advi.sc* governance is directed by the Mayor. There is no procedural fairness or natural justice when the mayor is out of control and bulHes the CEO into .submission, I he CEO himself admits that he should have been sacked 10 times this year for breaking the law and violent outbursts in the workplace.

Please read the attached paper to understand why the complaint proces.s i.s broken.

if you choosG not to engage with us further then that is your choice, and the choice of this govt. The Newman govt buggered this up and it appears that the Labor govt does not understand and does not want to understand.

You have my contact details and i hope one day someone might pick up the phone and take the time to accept a briefing. There really is not much more i can do to try ro draw attention to the fact tfiat the complaints process is a failure and there is a real problem.

Some things are tnuth better explained face to face however it seems that .just won't be happening any time soon so i wish you all well and please don't hesitate to back up a step and make contact if you ever want to know the truth.

kindest regards, L yn

Lyn tl'Connor Mob 0407736746

This email, together with any attachments, is intended for the named recipient(s) only; and may contain privileged and confidential information, if received in error, you are asked to inform the sender as quickly fl.s pos.sible a.nd delete this email and any copies of this from your computer system network. If not an intended recipient of this email, you mu.st not copy, distribute or take any action(s) that relies on it; any form of disclosure, modification, distribution and /or publication ofthisem ail i.s also prohibited. Unless stated otherwise, this email represents only the views of the sender and not the views of any associated organisation.

F r o m : DLO Sent: Tuesday, Octolter .13, 2015 6:12 PM To: I.e.ocon.noncet>iqpond.com,aji Subject: Chief of Staff response to Ms Lyn O’Connor ■ re Diary Manager re Urgent Meeting Request - Lyn O'Connor e m a il

Good nfternoon O'Connor

Please find altached a response lo your envaii below from fvir Matt Coliins. Ctnet of Staff to the Honourable Jackie Tratj ViP Deputy Premier and Minister for Trariaport. Minister fo^ infrastructure. i.occT Government and Plenniiig. and Minister for Tract.’

Kind recards David Atlrili DeDJrtnifintal Liaison Ofticer C'iioa of the Dn eclor-Gene.'ai Deoartrnent of Infrasiruciurs Locai Governnent and Oiarmirr; From ; Depuly Premier 9io. Sent: Tuesday, 13 October 2015 4:54 PM To: Susan McGrady ; Erin Fentirnan < Ext n J en t' n.i an rS m inisteri a I xijd .gov.au >; M a tt Co i I i n s < iVI a !.l.Co!iin.s(fi)m in iste ri3 l.u ld.aov.aij > Subject: FW: ATTN Diary Manager re Urgent M eetirig Request.

From: [._e.(>CQnnorfelbigaond.corn.riu [m aiito:i.o.oconnorx)bigDond.com.au 1 Sent; Tuesday, 1.3 October 2015 4:50 PM Tnr l.e.oronnor@ bigpond.corn.au; Deputy PrurTiier Subject: Re: .ATTN Diary Manager re Urgent M eeting Requesl:.

Dear Diary Manager, This m atter is now very urgent. We are trying to get the opportunity to brief the DP/M inister before she tnake.s un/i!l-inform ed comrnents on m atters that are a foot in Parliam ent Hou.se thi.s week. We are seeking to assist the DP/M inister in a tim ely manner.

If tliere is no intention to grarit a meeting can you please ensure Chief of Staff, Mr Matt Collins, culls me asap to discuss.

,A loinl m eeting with M em ber for Crairns M r Rob Pynt- would be efficient use of the M inisters tim e.

kindest regard.s, Lyn

Lyn O'Connor Mob 0407736/46

This email, together w ith any attachm ents, is intended for the named recipientfs) oniy; and may contain privileged and confidential inforrnarion. If received in error, you are arikad to inform the sender as quickly a.s possible and delete this email and any copies ot this from your com puter system network. If not an intended recipient of this email, you mu.st not copy, distribute or take any action(s) that relies on

I t , any form of disclosure, m odification, distribution and /o r publication of this email is also prohibited. Unless stated otherwise, this em ail represents only the views of the sender and not the view.s of any associated organisation.

From: I.e.oconnoroSbmpQnd.com.au S e n t: Fr'id’ay^ O c to b e r 02, 2 0 1 5 2:'4 J. PM To: deputy.prc‘mier(dimini5terial.Qld.qov.au S ubject: ATTN Diary Manager re Urgent Meeting Pvequest.

Just following up although 1 understanding that The DP has been on leave and diary com m itm ents have been queued pending fier return to work.

The m atter is tim e sensitive and w ill dove tail into other discussion I understand have been held between Chief of Staff M att Colliri.s and M rs M argaret Black from Atherton.

sincere kind regards, l.yn

lyn O'Connor Mob 04077.36/46 This email, together with any attachments, is intended for the named recipicnt(s) only; and may contain privileged and confidential information. If received in error, you are asked to inform tlie sender a.s quickly as possible and delete this email and any copies of thi- from your computer system network. II not an intended recipient of this email, yi.m must not copy, distribute or take any action{s) that relies on It, any form of disclosure, modification, distribution arid ,/or publication of this email is also prohibited. Unless stated otherwise, this sm,ait represents only the views of the sendei' and not the views of any associated organisation.

From; l.e.oconncrttfibiqoondxom.au Sent: Wednesday, September J6, 2015 PM T o : [email protected],j S u b je c t: URGENT Meeting Request also ATTN M ati Collins.

A\s per phone call Co your office this afternoon.

Meeting Request:- with Minister Local Govt Hon Jackie Trad MP and Chief of Staff M att Collins. (NGT DG's)

Availability:- Brisbane week conimencing Monday 17iii October ?.Oih,

Issues;- Briefing of URGENT Local Govt issue:; & strategic options.

Participants:- Lyn O’Connor and 1 colleague. please advise o r ph on e b e lo w m obile to discu.ss. kindest regards, 1. y n

Lyn O'C onnor Mob 040/736/46

“ii'ri I :r tf/it! ! Mr.y ,tncH.5jiDCT,i/,, 15 fi)T R TtL'p:*-' .-‘-.'ii on/y; srta GfJfT'iijrr' [j(iV'''h -.i.'rt Sn/i .f.forrrij .an !f t’rrnr. ygi; ,i.-1.5 I'.j i-ifornt rht^ a> qi;i- «'!y . 5^ pi.>*_vib!fe cunt Jnh-rf-* fh-' rrniA .tr'.r; tuy topi?*-; c»f frorri v'>u' i or^i: .ri^r s-y‘.«-e"n k. ’t K..t :iM JH'cWJt.'j ri.<;ipjr;iir of PCvUl, vGU Miust ,”0 l Jijy. tiJStribi:;--

HANSARD - CUT 2015.12.03

MINISTERIAL STATEMENTS Locai Government Administration Hon. JA TRAD {South Brisbane—ALP) (Deputy Premier, Minister for Transport, Minister for infrastructure, Local Government and Planning and Minister for Trade) (7,36 pm): On 14 October, the member for Cairns provided my office with a range of documents pertaining to local government in Queensland, with similar documents subsequently tabled in the House,

As I advised parliament on 15 October, my office immediately referred this material to my department for consideration and assessment. My department provided an initial review of these claims and at that time advised me that they had not found any basis to substantiate the call for a judicial inquiry that accompanied the release of this material,

Ttie Department of Infrastructure, Local Government and Planning has now completed a full review of the material provided in October, Based on this review, my department is of the opinion that the issues raised amount to localised matters specific to each of the local governments in question and that it does not provide any cogent evidence of systemic problems with the local government system that would justify an inquiry into local government, as called for by the member for Cairns,

My department’s review of the material has identified that two local matters relating to potential conflicts of interest should be referred to the CEO of the Cairns Regional Council for preliminary assessment under the Local Government Act, and I can ".Qy ^„3dvise that this has_now occurred In relation to the remaining claims in the October " material, my department found that the matters had already been investigated by the -- relevant authority, or that matters could not be substantiated based on the limited \ , details provided, or that fhe claims were of a general riafure and did~n~ot specify any | actionable material, o rtfiat the issues raised reflected an individual’s disagreement I ' with the decision of the local government, >—1

Beyond the two potential conflict of interest matters raised above, I am advised that it is not considered necessary to take any further action in respect of any of the __ allegations made by the member for Cairns in October, 1 have today written to the member for Cairns advising him of these findings. To remove any doubt, my director- general has also today written to the Ombudsman asking he undertake an expeditious review of the department’s actions in relation to this matter. In my correspondence to the member for Cairns, I have also taken the opportunity to remind him of the most appropriate method by which affected parties should seek remedies to any issues that they think constitute a dispute with locai government. For the benefit of all members, local government complaints should be dealt with as follows: if a person has a complaint about a decision of local government or the service the local government provides, they should contact their local government s customer service area, call centre or inquiry counter which miay be able to address their concern. If this does not resolve the matter, it is recommended that they write to the local government and make an official complaint. RGB PYNE MUST APOLOGISE FOR SLUR ON COUNCILS News Release f-nday, -1 Decembei 2015

ROB PYNE MUST APOLOGISE FOR SLUR ON COUNCILS

The Local Govei'n/T'icnt Association of Quoonsiand tias demanded Srate Rob pyne publicly apoUogise for making baseless claims againsi couridis,

LC3A0 president Gr iviaigare' de Wit described Mr PyneA latest allegations of coiruption as unfounded, mischievous and a blatant abuse of parliamentary privilege

It s entirely inappiopnate for fvir Pyne to n-ake baseless allegations ttrat reflect on all 578 elected members in the ifjcal goveinmont system ir- Queensland.” she said.

"He is not the Crifie and Corrupt,on Commission, he is not the Ombudsman, he is not the Uepartmenl of Locdi CJoveminent end he is not the Renuineratiors and Discipline TribURnl

'Tiie Deputy Premier herself said yesterday tns otiginal aiieyations were baseless and uriproven.’' —i

Gr de Wii said Mi Pyne's desperate attempt to get attention and madia coverage was contemptuous

It IS very detrimental to the ongoing relationship between the Queensland Governmerit and councils and the 1 .GAQ for Mr Pyne io continue this outrageous benav'out under parlioinentary pri viler jo.' she SHid.

•He owes an apology to every elected member isr local noveinment in Queensland "

Local Government As.'sociation of Queensland I.CiiAQ House. 25 Evi,gyn Sfieef. Newstead Oid 4006 HANSARD - cut f 4'" December 2015 9 O Member for Cairns Rob Pyne - PERSONAL EXPLINATtON. ^

Mr SPEAKER: Before I call the Leader of the House, I am infoaTied that the member for Cairns wanted to make a personal explanation. Bearing in mind that this is the last silting this year, I will allow the member for Cairns to make a personal explanation,

PERSONAL EXPLANATION

Crime and Corruption Commission, Complaints by Local Government

M r PYNE (Cairns—-ALP) (9.57 am): I would like to make a personal explanation in relation to comments,made by the Deputy Premier last night in relation to documents that I have tabled in this House I have an intimate knowledge of the local government complaints process, having served as a local government councillor for seven years. In relation to the recommended course of action of lodging complaints with council in the first instance, I credit Queenslanders with the intelligence to complain to their local council if they have problems Unfortunately, that has not been the successful outcome that many Queenslanders would have liked to have seen. Indeed complaining directly to councils on some circumstances has seen residents threatened with legal action, businesses locked out of council contracts and employees threatened to lose their employment.

The Deputy Premier .mentioned the CCC The CCC has consistently failed to identify and punish wrongdoers. Indeed, in over 95 per cent of low-level corruption complaints, the CCC has handed matters back to local councils to investigate— that is, back to the alleged perpetrator. Call me crazy, but getting the alleged perpetrator to investigate seems a bit odd— a bit, like reporting the local used car salesman to the used car lot.

In relation to those complaints lodged in October that have allegedly been investigated, the complainant is in the public gallery and has received no reply from the department or the CCC. W hat if the CCC investigates? In a recent article in the Australia!) slamming the CCC. Professor Timothy Prenzler said—

The curren! approach is overly elilist Ordinary coniplaiMants ana whistle-blowers are treated drsniissively, and ihe people of Queensland are badly let down A inajor restructure is required to ensure optimal legitimacy and effectiveness 1 table the paper. JabicKi pcipcr Bundle of documents various dates, rrtgarding the statutory declaration made by Lyn O'Connor Tabhd paper 'the Australian media article, dated 9 IVovombor 2015, titled 'QueeriManri's Crime anti Corruption Commissifin sinmriied' The Local Government Tribunal was referred to last night. The tribunal sweeps in at the last minute, playing catch-up from day one. I have read tribunal rulings full of spelling mistakes, grammatical errors and errors of fact. There is no appeal from the outcome of the tribunal, 1 might be seen to be a loose cannon on this issue. A loose cannon I may be, but myviews are shared by many Queenslanders, many community organisations, a number of trade unions and at least one chamber of commerce My interest in tabling the documents is not overwhelmingly for those who are complaining—though their cause is legitimate—and not overv/helmingiy to target dodgy councillors— though I am sure there are a few of those— it is to draw attention to Queenslanders forced to work in a toxic, bullying environment where they are subject to ongoing harassment, leading many local government workers to lose their jobs and, Iragicaiiy, some to lose their lives. M r SPEAKER: 1 note, member for Cairns, that that was rtiore In the line of a statement not a personal explanation, but It being the last sitting day of the year 1 have allowed it. Page 1 of 1

3\ [email protected]

rro n i; "('ompUiinis" ■ (.'onipiainlsuv'ccc.qld.gov.au Dale: Ididay. 4 December 2015 4:27 PM TO; I e.ofonnonmbigpoiid.com.ati ■ Siihjeet; Your coiicenis

Dear Ms O'Connor,

Thank you for your complaint about Tablelands Regional Council.

\ We are currently assessing your cornplaini, including the voluminous material that you provided to us in l^u p po rt of the allegations.

We will contact you regarding the assessment outcome in due course.

Yours sincerely,

FOR INTEGRITY SERVICES

This, message (including attachments) is intended tor tiro aadressee named above It may also be confidential, privileged andyor subject to GOpyriciht If you wish to forvv'ard this message to others, you mtrst I'lrst obtain the permission of the author

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5/02/2016 3 S Deputy Premier Minister for Infrastructure, Local Government and Planning

-1* and Minister for Trade and Investrnenl

levef 3 2 3.x(3f.uti'/f* Buildin^j 100 Gccsrfc Slreci Our rsf: M C I 5 /5454 HO SoK 15009 0!y tasl Qufcenslatid 4002 Aosiralia Your ref: CUS-CGN GOV-COU-COD TeJephuiie + 6 i 7 5719 7100 Eitwll deputy, qiij.jfov.tiu

1 5 DEC 2015

Councillor Rosa Lee Long Mayor Tablelands Regional Council PO Box 573 ATHERTON QLD 4883

L 6 T f C f (V-ss. l\ c Dear Councillor / a i . A... ^ \ t-'.t r.H '\.' I refer to the Tablelands Regional Council's {the Councii) letter of 13 October 2015 concerning documents tabled in the Queensland Parliament by Mr Rob” Pyne MP, Member for Cairns, about a number of local government matters including allegations relating to Council.

I note the Council's advice that the allegations have not been raised directly with the Council a_nd_that the allegations ^e_refuted. As you may be aware, the Department of Infrastructure, Local Government and Planning (the Department) received a number of complaints in mid-2014 and also in mid-2015 relating to the Councii and found in each instance the complainants were unable to provide cogent evidence in supporl of their allegations. The complainants were advised if they had any evidence to substantiate their claims they should forward them to the Department’s Director-General for investigation or alternatively refer their complaint to the Crime and Corruption Commission (CCC).

In relation to documents tabled on 14 October 2015 by Mr Pyne, I asked the Department to assess the material. The Department has no'w considered ail the tabled documents and found the majority of concerns raised about the Council were complaint matters that have already been decided by tt'is Department’s Director-General or the Local Government Remuneration and Discipline Tribunal, These matters will not be revisited and no new complaints niatters were identified in the review process.

I also note the statement that the Council would welcome an inquiry into any aspect of the Council’s affairs. However, I do not consider there is sufficient evidence provided in the documentation tabled by Mr Pyne that would warrant intervention by the State. > "■ ' I Transparency and accountability are the cornerstones of good governance. If a case can be i,^y r made that there is a need for a better complaints process to deal with the conduct of K ' f f councillors, I am open to considering this in addition to ways in which the current system can be improved. If you require further information I encourage you to contact Mr Max Barrie, Director, Program Impiementation and Review, Local Governrnent and Regional Services in the Department on 3452 6704 or by email at max.barrie@di!gp.qid.gov.au.

Yours sincerely

Ja I k IE Tf^AD MP DEJ^UTY PREMIER Minister for Infrastructure, Locai Government and Planning and Minister for Trade and Investment cc: Mr Ian Church Chief Executive Officer Tablelands Regional Councii PO Box 573 ATHERTON QLD 4883

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( ^ 0 - p e . r - GPO Box 3123 Brisbane Q!.0 .-1001

Level 2 North lovvei Gieen Sriuare Crime and Corruption 515 St Pauls I'etrace

Furtitude Valley QLD '1006 TRIM >‘i.T‘)7(r*1 Commission (>:ii Rc)'c{ciicc Tel : 07 3360 6060 ( “oniBCl OfntcT: {.'White qUtENSlAND Toll-free, 1800 051 611 (in Queensland outside Brisbane) 2 FebniarA' 2016

Fax: 07 3360 6333 rnaiiboxigr'ccc,qld.gov.au PRIVAIE 4XERSONAL wvvw.ccc.(|!

ABN 32 163 /14 .160 Ms L.yn O'Coiinoi Email: oid.com.iui

Dear M.s O ’Comior

RE: YODR CONCERNS ABOU I TABLELA.NOS KECLIONAL COUNCIL

'Diauk you for your tmnpiaiiits io llie C.Irime and Corruption C.'ommission (CCC), leceived by us on 17 and 26 October 2015, in which you raised c.oncems aiioiit the conduct o f various Coimcillors niid ll'.c Mayor o('Tablelands Regional C'oimcil (Coimcir).

We regret the delay in this reply.

We Jmve now' cfifclully considered the information you gave us. in nsscssiiig your complaint, vve also considered all o f Ihe infonnutioi'. that you have provided to us in relation lo your concerns about Council, since 5 June 2014.

We have summarised your concerns its A lla tlim e n l A to this letter.

Tiioiigh wc v/iii have tssed dil'I'erent words to describe your cor.ccrns and not referred to every issue that you raised, please be trssurcd that vve have catefuliy considered the iiiibnnalion.

1 Inder the CC' .Act, lltc ('’{ ’C ’.s role is lo cii,surc that matters involving suspected 'coiTup-i conduct' in t.HJcctisland's public sector agencies are dealt with iipjirojiiialeiy.

Attached, for your iniunnaiiui!, are excerp'ts IVom (he .Act that define the tenii 'coiTupt coiukict' and outline tlie role ol the CCC.

■J lie ,Ac! nfso rccognisc.s Dint in ceriuin circmiislimce.s vve can decide no; io !ake any further action with a maltci.

Ill lhi.s ease, vve cou.si

hi the ca.sc. of allegations 3, 4, 5,8, 9,10,12,13,16,17, 18, !9 and 20, thi.s i.s becau.se fhe CCC take.s the view that the pcrformtmcc oi'thc ol'ficiai duties oi'tt person elected to office could not involve ‘ corrupt conduct’ unless the crmduci woukl. if proved, amount to a criminal offence. Because (he conduct you have described with respect to (.hese concerns would nc>i, if proved, amount to ;i criminal offence, the CCfl is unahle to deal with the matters. ? J o

Piiae 2

Dealing wiih allegations 6, 7, 11, 14 and 15. iutving regard to the infonnalion availahle io the C C (’, there i.s no proper basis to con.sider tlsat the alleged conduct woisid, i f proved, amount to cori’upt conduct as there is in.suiricicnt evidence that the alleged conduct would, if proved, be a criinitta! offence or a disciplinaty breacli providing reasonahie grounds for terminating the per.son’s services.

With respect to alk-galion 14 while siidi an allegation may meet the defmition o f coiTU{)t conduct, there was an absence o f any evidence to support a criiuiiiul otrcncc or a dl.sciplinaiy breach pro\'idirig reasonable grounds for dismissing M r (rhurch. It wouki be an unjustifmbie use c>f resources for the CCC to take further action in relation to the maner.

(iiven the Department of Infra-structure, Local Ctovernmenl and Planning (the i.fepartmeni) and/or the t ’.onncil are the appropriate agencies to take aity necessiny actioi! to deal with these eoiiecrns atid arc already aware o f the matters, there is no reuiiircmcnl for the CCC to disseminate the informaikui...... — ...... ' o a 'v../ ■ H ^ In the case of allegations 21-24, we consider it would be an unjustifiable use o f resource.s to take any <>f >C further action. This is hecattse while the allegations, i f proved, would meet the definition o f corrupt conduct, the CCC and other units o f public administration mu.st work together to achieve optima) trse ^ t o f available resources and avoid needle.ss duplication o f work, -k-- ■

1'^ .'.5 ! j As yon are aware, those matters have already been inve.stigatcd by the Local Govemmenl D fv 'd iftd (> Remuneration and Discipline Tnbunai, While you might dispute or not agree with the information o r' j evidence lhal was provided as ptut o f those jiroeceditig.s, we consider it was ti matter for the 'i naiinal , • to decide on (he merits o f (he ca.se, and there is no basi.s fur the CGC to imerveiie. ( f >'• Ki'Xl

With respect to allegations 1 and 2, and the remainder o f your complaint, you liave also provided a * , copy o f your complaint to M r Rob Pyne M!k State Member for Cairns, and the concerns were tabled in Parliament in Octolrer 201 5.

That material was referred to and compreliensively assessed by the Ibeparinient.

W'e note the following;

• fhe DeparlineiU’.s public ofndai (or delegate) has a statutory obligation to notify the CCC ol'any suspected corrupt condiici in relation io the matter. • After assessing the infonviaiion that yoti provided, the Department ha.s formed the view that the information lack.s cogent evi

.Accordingly, the CCC is unable to fake any fiirther action with your complaint.

We iinderslund lisat you have been invited by the Department to prcjvide cogent evidence in support o f vDur concerns. We e.xlend this invitation to you, also.

Yours .sincerely

KYLK*; RUMBLE OW ctJr Integrity Services

AltHch. Page 3

Attachnient A

111 2012 or 201.3, C3ounci!'s Mayor, Rosa I a'C Long, brcaciicd (he l.a c a i Gnvennnent Act 2009 (tlie LG Act) by iiueri'cring with a procurement process w itli respect to the awarding o f a contract and the contractor’s lenns o f engagement ( allegation 1). rurthcr, you claim that Councillor Shaartin Linwuoci was present when an imlawfui direction was given by the Mayor, and lias failed to report this condttct (aiJegalion 19).

Mr Ian Church, C oiincirs C hief fixecutive Ol'decr, iias failed to conipiy with section 38 o f the f 'rime am i Corruplion Act 2001 (the CC Act) by failing to report the Mayor's alleged conduct (in allegation 1) to the CCC (allegation 2).

On 20 .August 2015. Councillor Peter Hodge lailcd to disclose a conflict of interest with respect to the .AZTEC Park Developments, and has voted on a motion to endorse ati infrastructure agroemcnl between Council and tiic development companv (allogatiou 3). advise that a cordlict exists because;

• One o f the Councillor's team member's hu.sbands is in the direct employ o f the applicant; and • Doth the team iticmber and iier husband stand (or stood) to he direct nnancial benel'actors o f sales o f tiie blocks to which the matter relates.

Councillor Hodge lias acted to avoid puriisiitncnt atid detection by failing or refusing to respond to a conlirnied conllici o f interest in relation to allegtJiion 3. You claim that the ( ‘oimciilor has failed io recogidse the conflict o f inlcrc.st and has voted on a motion that was about himself (aJiegafioii 4),

Mayor i.cc Long has failed in her duty as diairper.son to ensure procedural fairness and to act in the public interest, by voting against a inotiosi for Couticiiior I lodge to explain a failure to declare a conflict o f interest (alkgatidii S).

Mr Church breached trust and confidentiality and has favoured some coiinciiloi-s by scicclively distrilnitiiig a restricted report aim.mgst Counciiiors in a different way and at a ditrcrcn! titne (allegation 6).

Mr Church disobeyed a Council resolution o f 16 January 2014 - that a particular repoil be included in the ugenda for the following inecling o f Council - by failing to include the report in a Couticil agenda until 4 September 2014 (allegation 7).

Mayor Lee Long has directed M r C luirdi to contravene a resoiiilion of Council (allegatioij 8) and allei' the rejx'r! without the con.sent ol the parties involved (allegation 20).

On 20 November 2014, Mayor Lee I ong has made offensive and inappropriate rema.Ts about another Cotnicinor, and has lefu.sed to apologise for the behaviour (allegation 9). 3 ' ^ Paae 4

Mayoi Lee L.oiig, and Counciiiors Hodae and (}eoff Stocker, have conspired and colluded to concoct a. sioiy to cover up for the Mayor’s alleged condiict in nllegaiioii 9 (allegations 10, 12 and 13).

M r Church has allowed a cover up ol'the Mayor’s alleged crnuhict in allegation 9, bill conducting a preiiininaiy as.scs.smcnt o f the matter and liiiding (Ik; matter fn'volou.s (allfgntion 11).

During enterprise bargaining agreement discussions on an unknown date berween 2014 and 201.5, M r Church has yelled at and tried to punch the union representative (allegation 14).

During discussions with another Councillor, M r Church ha.s .sworn and made an offensive remark abotit atiotlter Councillor (allegation 15).

Mayor Lee l.ongand Councillors Hodgc and Stocker have kjrowingiy encouraged the pa.s.sagc o f a resolution that contravenes regulation 277(7) o f the /.o'j'i/ Chvcrnincii! Kepjjiatinm 2012 (aUegations 16, 17 and 18).

On 20 September 2012, Mayor Lee Long has made Liiiauiliorised disclosures o f ccuifkicntiai infonnation from a conrKlcnti;d session o f Council meeting to a member of the public, in contravention of sl71 oflhe lA i Act (allegation 21). You advise that the disclositrc related to the proposal to establish a 'Men's Shed' in Kuraiida.

You iuriher allege that;

• Councillor Modgc was aware o f ami overheard the Mayor's di.sclosiires and has failed to advise the f.ocal f lovernment Remuneration and i.liscipline Tribunal (allegation 22); • Mayor Lee Long lieti to or misled the investigator for the Tribunal during an official interview about the alleged disclosure.s (allegation 23); ami • M r Church failed to observe his obligations under section 38 o f the CC Act by failing to report the alleged conndentiality breach (allegation 24). Meeting 18th Feb 2016

Emily Borgan Caucus Liaison Officer

Gath fro m DILGP.

Rob Pyne Member for Cairns, JW & LOG.

Cathy said the Department was still assessing much of the tabled material & they want to work on dealing with complaints better if they can. She is new in the job.

Lyn explained that the weight for the need for an inquiry is higher and compelling from a social and economic perspective.

More people will be damaged, the longer that takes, the more people will be damaged but it is going to come to light. There are over a thousand files in a database. We have some thingsthat we will not let see the light of day because it is not in the public interest. They are damning.

Rob asked Cath - in the October tabling, One of the ones I tabled was cairns conflict of interest and nothing happened. Like what have you got to do wrong?

Cathy - the dept has reviewed them all in detail and I have got all the details here.

The complaints were in a table and a lot were still ongoing.

Where they had previously been investigated and been referred off for investigations or investigations that were already underway the dept is still monitoring that.

We went through them on the DILGP table:-

There are a few investigations that are still underway as a result of that material that was tabled,

We generally don't um,

Rob - would the councils be doing it themselves?

N o ,... No.

So the process

So there was one from M r re attempted fraud by council managers

There has been changes to the PID act - they are seen as corrupt conduct so they need to be dealt with by the CCC.

So if, um a council employee has made a disclosure and they are subsequently treated poorly

because of it our they have been fired because of it or something like that,

He lost his job

Then that becomes a PIC and the ombudsman and the CCC have the power to investigate that type

of corrupt conduct.

Page 1 of 6 Former policeman too you know, so not

So the information about that one is that it is being investigated by the CCC so that one is ongoing.

There was one from Moreton Bay regional Council about two matters with the conduct with the Cro, so those matters had been previously referred to the department, they had previously been assessed and investigated,

J When you say assessed and investigated, and evidence produced, why has not any person

yet that is the holder of the evidence ever interviewed or been asked or been contacted yet they are

the people that hold the evidence, so lets not kid ourselves, that is not a proper investigation when

the people that hold the evidence haven't even been contacted.

Cathy I am not aware that they have not been contacted,

J Nobody told me that my complaint went all the way down here and got shipped straight

back to the CEO, When he was the perpetrator and he was going to do the preliminary assessment,

Lyn The minister said to the effect in December that none of ours are under investigation but at

that stage they were all with the CCC,

Cathy Fairly new to the department but my understanding is that the department does and they

do contact the people that have made the complaint and that is certainly what is meant to happen,

Jason informed Cathy that complainants are actually not contacted,

Emily said that we cannot comment on the ombudsman or the CCC,

Fraser Coast Regional Council

An alleged coverup by council - when this matter was tabled it was already under investigation by

the Ombudsman,

Lockyer Valley - complaints generally about the operations of local govt.

Concerns about the council being a developer and also make decisions about planning.

Referred to the ombudsman and that one is still under consideration by the ombudsman but there

was contact made with M r because there was some issues that he raised around the corrupt

conduct and so he was asked that if he had any additional information that should go to the CCC,

Emily So that instance he has been invited to provide that evidence that he has got through to

the m

Cathy Lockyer valley - this again was around this CEO making a decision and being influenced by

the m ayor.

Page 2 of 6 So is I that has been a concern in a number of these complaints, un, this one had already been

referred to tfie CCC as well and that was under investigation.

When we checked on it a few weeks ago and it was still being investigated, but M r had certainly

heard back from the CCC about his complaints about the planning process at that point and I

believe that he had been asked for some additional information about that matter too.

Redlands City Council - some concerns about a development Application with th e Quarry, this

one was actually taken to the Planning and environment court so this one was a decision by

a previous government and it was appealed in the environment court and that appeal was

not successful, subsequently though the council has acknowledged concerns with their

planning scheme and they have updated their planning scheme and that has gone out, or is

currently out to consultation.

Somerset Regional Council - Something is still underway in the P&E court process.

Fraser Coast Regional Council - shoreline management and a revetment seawall so there were

some claims that council had made an unlawful decision to apply a special rate but the dept

investigated and reviewed that and the rate was being applied in line with a lawful decision.

Got to demonstrate a benefit to the people that are paying it.

In relation to the specific concern about his property we did speak to m r and we did suggest that

he take those concerns to the ombudsman because that is a decision of council that council

specifically made in relation

Fraser Coast Council - a different complainant - and this was a different issue - this was about a

caravan park and council employees having some influence over where a caravan park was

in th e tow n.

Some officers from the dept spoke with M r and council was not aware of his concerns at that

point so dept did set up a meeting with council with Mr.... for him to speak to council about

his cotKerns and put forward that he should come back to the dept if he was not satisfied

with that and we have not heard back from him yet.

Summerset Regional Council - Allegation about closed meetings to consider Development

Applications. The dept looked at this, the local govt regulation does provide that option.

Rob Sometimes that is ok, sometimes it is not, it just depends on the general vibe of what is

happening behind closed doors that they are not inherently evil.

B u n d a b e rg - had some concerns about the planning scheme and the masters development.

Complainant has written to the dept a number of times

I understand that proposal is not progressing.

Page 3 of 6 REDLANDS regional council - they are currently consulting on their planning scheme. The dept have

spoken with the complainant and talked her through the planning scheme and talked her

through making a submission.

That is back in her court now to make a submission to council.

There are a large number about consultation and planning and that really was a focus when

the dept was doing work on the new planning bill.

Fraser Coast Regional Council - animal management issue - officers from the dept spoke to the

complainant and actually did encourage her to report her concerns to the council, the

council were not aware of her concern, so the dept provided some advice.

Lockyer Valley - re council corruption

Dept did speak to complainant in November and again late last year. I understand that has been referred to the CCC now for investigation around some zoning issues in the lockyer valley.

Discussion re contact with complainants - CCC and DILGP complainants are not being contacted at all yet QPS hands re tied because they can't investigate until the CCC tells them to.

Cairns City Council - Dept discussed this one with Council officers - it was about vegetation contracts being awarded.

Rob explained that he had concerns about this one too.

Cathy - it was an administrative decision and dept officers decided that it was inline with council

procurement processes.

Rob - when for example the same people getting the contract all the time and the same people

missing out all the time but it is hard to prove anything.

Cairns City Council - awarding contracts - both of those issues were administratively ok under the

rules that council follows, so if council makes a decision you don't have to agree with it but it was

inline with that policy.

Central highlands - rating on a mining lease - this was about the council where council is able under

the act to levy a charge on mining leases so that they are operating under the act however this one

was referred to the DEPT of natural resources and mines for some advice before coming to that

ruling. It was not straight forward. The rules are a bit complex there. The council is able to do it

under the legislation and the way that they have done it is ok according to the rules. But where

these decisions have been made by councils administratively, if people disagree with them they are

entitles to disagree with them and lodge a question with the ombudsmen over it.

Discussion that Rob and co can try to better direct complainants for administrative decisions through

the ombudsman.

Cairns City Council- Dept did look into that - cross departments.

Page 4 of 6 Tablelands regional Council - when these documents were tabled the dept was already familiar

with the complaints that had come in.

That information was already being reviewed by the dept

There were two that were investigated by the CCC.

The real material or evidence was never considered.

The people making the complaint were never contacted.

I would have thought that would be part of the process.

Emily and Cathy gave an undertaking to provide feedback re why complainants have not been

c o n ta c te d .

Emily undertook to contact Attorney General dept re CCC not making contact with complainants.

Lyn - I have never received even a phone call, I got an email back on the 4"' December, after the

minister had made her statement, saying that they were assessing.

W hen the CCC say it will take them 6 months to do an assessment and then they turn it around in

two weeks that reeks of political intervention at some level.

As a complainant I have no confidence in referring complainants to the CCC because of our

experiences in 2014 and now 2015.

Emily - to provide info on how to get records of tribunal reports etc because that is relevant to

making new complaints.

Discussion - The fresh eyes need to be looking quickly and suspiciously otherwise they will just adapt

to doing more of the same that has led to this,

DECEMBER is Still o n -fo o t.

Tablelands Regional Council - Councillor letter - dept has not contacted her. When the dept

assessed the information provided it certainly sounded like it turned towards corrupt conduct so if

there was evidence of that then it should go to the CCC.

Comment - Councillor does not attend council workshop because they are concerned that there is

illegal and corrupt conduct going on there.

Emily - what they are saying is that it is not that there is not something going on, but that there is

not enough evidence.

Lyn - W hat is enough evidence?

Note - The material tabled in Feb has not been assessed yet.

Page 5 of 6 Rob - what you are telling us is helpful - this feedback is quite useful - things are still ongoing o b v io u sly.

Rob - well it has been put to me that the issues have been resolved, well clearly there are many of them that are still under investigation aren't there?

Cathy - Yes there are, there a number of them.

Rob - thank-you.

Emily - and complainants will receive feedback at some point.

Lyn - as far as advice to the minister goes, if the minister feels the need to make a statement in relation to this tabling then you would have to look very carefully at what was said in December because it gave the view that it was all over red rover, it gave the distinct indication that only the two matters in cairns had been referred back to the Cairns CEO and certainly the councils other than cairns had put their tails in the air and said they were in the clear.

It would be useful if the Minister could be careful with words, as much as you can influence that, or not, that there are still things that are being looked at.

The December statement was very, met a very hostile response from most complainants and people that we are talking to because they felt that they were being told to suck eggs and go make complaints.

[ ROB PYNE HAS TRIED TO CONTACT THE DEPT VIA THE DG AND BEEN BLOCKED FROM HAVING CONTACT WITH THE DEPT. APPARENTLY THERE IS A RULE THAT MP'S HAVE TO GO THROUGH THE CAUSUS LIAISON OFFICER ONLY AND NOT THE DG W HO IS RESPONSIBLE FOR THE COMPLAINTS PROCESSES. ]

Page 6 of 6

Deputy Premier Minister for Transport and “ /SEP 2017

Oueensland Govpmmenl Minister for Infrastructure and Planning OOriTMri>.''lO '■

1 Wliii-ifn Slreel 7 SEP 2017 P(T Box 15009 fir/ East Queensland ^002 Australia Telephone + 6i 7 3719 7100 Hon Peter Wellington MR Em ail deputv'.preirienn'm inisrr-rifll niriu Speaker of the Legislative Assembly Queensland Legislative AssemWy, 020 2^9 Parliament House Number George Street BRISBANE Old 4000 lotled lioveD

■lerk's Signature Dear Mr Spea1

I write to you in response to your letter dated 25 Augu concerning an alleged misleading of the Parliament.

I reject the complaint raised by the Member for Cairns that I committed a contempt of tlie Parliament by deliberately misleading the House,

There are three elements to be proven in order to establish that a member has committed the contempt of deliberately misleading the House:

1. The statement must have been misleading;

2. The member making the statement must have known, at the time the statement was made that it was incorrect: and

3. In tnaking the statement the member intended to mislead the House,

1 will address each of these elements together.

It is difficult to ascertain from the complaint made by the Member for Cairns precisely which elements of the statements 1 made to the House on 15 October 2015 and 3 December 2015 he believes were misleading,

1 do not accept that the statements made were misleading. The statements made on 15 October 2015 and 3 December 2015 were an accurate reflection of the situation at the point in time they were made.

Mr Pyne tabled documents on six separate occasions between 14 October 2015 and 16 March 2016, The documents constituted more than 890 pages of material that were reviewed and considered by officers in the Department of Infrastructure, Local Government and Planning. This was an extremely time consuming task as much of the material had limited details and information.

Many of the matters referred to in the documents were found to have already been dealt Vi/ith or investigated by the relevant authority. The situation in relation to the documents obviously progressed over time as more documents were tabled by the Member for Cairns and the department completed its reviews, but at all times my statements reflected that situation as it stood at that time, in order to attempt to clarify the chain of events I have provided the below information by Vi/ay of background.

14 October 2015 Rob Pyne MR tabled 91 pages "relating to the operation of local government in Queensland".

15 October 2015 Deputy Premier statement made in Parliament regarding material tabled and provided to the department the previous day. The statement was based on advice from the department following an initial review of the documents. The department's advice at that time was that allegations regarding Cairns Regional Council would be referred to the CEO of Cairns Regional Council for preliminary assessment as provided for under the Local Government Act. The department’s view at that time was also that some of the material may be referred to the CCC. The Deputy Premier's statement noted that the department would review all the material thoroughly.

2 D ecem ber 2015 Rob Pyne MP tabled 112 pages “relating to the operation of local government in Queensland".

December 2015 Deputy Premier statement made in Parliament to advise that the department review of the documents tabled on 14 October was complete, and allegations regarding Cairns Regional Council had been referred to the CEO of Cairns Regional Council for preliminary assessment as provided for under the Local Government Act,

3 D ecem ber 2015 Director-General of DILGP wrote to Ombudsman asking that he undertake a revievi/ of the department's actions in relation to the department's review of the 14 October tabled papers.

3 D ecem ber 2015 Deputy Premier letter to Rob Pyne MP advising the department had completed its review of the materials tabled on 14 October,

2 D ecem ber 2015 Rob Pyne MP tabled 8 pages “relating to the operation of local government in Queensland",

15 February 2016 Depiity Premier letter to Rob Pyne MP advising the department had completed its review of the materials tabled on 2 December.

18 February 2016 Departmental representatives met with Rob Pyne MP and constituents to discuss tabled papers and provide detail regarding the department's review actions.

18 February 2016 Rob Pyne MP tabled further documents relating to local go ve rn m e n t

25 February 2016 Rob Pyne MP tabled further documents relating to local go ve rn m e n t 16 March 2016 Rob Pyne MP tabled further documents relating to local governm ent

23 March 2016 Ombudsman provided advice to the department, resulting in the department taking further actions in relation to two matters.

7 April 2016 Deputy Premier letter to Rob Pyne MP providing an update on alt actions taken as part of the department's review of materials tabled on 14 October and 2 December. The attachment to this letter provided detailed advice regarding all allegations, none of which conflicted with previous advice provided.

Even if any of the content of the two statements referred to by the Member for Cairns was later superseded through what was a dynamic and evolving process, the Member for Cairns has been unable to demonstrate that the statements were misleading at the time they were made, that tlrey were known to be incorrect or ttiat they vi/ere intended to be misleading.

I submit that there is no prima facie case that the statements I made constitute a deliberate misleading of the Parliament and that the matter does not v^arrant any further attention of the House.

The other matters raised in the letter of complaint do not relate to statements made in Parliament and I submit do not warrant any attention by the House, suffice to say that at all times my statements, whether made inside or outside the Parliament. Vi/ere an accumte reflection of the situation at the point in time they were made.

YourJ sincerely

JACKIE TRAD MP DEPUTY PREMIER Minister for Transport and Minister for Infrastructure and Planning