Council sticks with status quo on delegation

Cairns Regional Council will continue to delegate matters to the CEO where the majority of Councillors have declared a perceived conflict of interest after a long discussion about an alternative option at today’s Ordinary Meeting.

As a result of a series of legislative reforms which became effective on 22 May, when a matter comes before Council and a majority of Councillors have declared a perceived conflict of interest, it is delegated to the CEO who has determined 37 matters since the new model came into being.

This is in keeping with other Councils such as Townsville, Cassowary Coast and Mackay.

A Council report outlining another option – establishing a complex Standing Committee structure to deal with matters where the majority of Councillors have declared a conflict – was discussed at length at today’s meeting but eventually Council decided to stick with the status quo in light of advice from the Department of Local Government that a review of the legislation was expected in the coming months.

Division 1 Councillor Brett Moller told the meeting that by delegating to the CEO, Council “was behaving in a permitted and legal manner”.

“The delegation to the CEO has only happened in 37 out of 294 matters that have come before Council since the legislation came into effect eight months ago, and it’s important to note that the delegated decisions have followed officers’ recommendations for the continued delivery of projects and services and to provide good outcomes for our residents,” Cr Moller said.

“Since the amending legislation last year creating unintended consequences Cairns, other Councils that are affected and the Local Government Association of Queensland (LGAQ) have been in lock step lobbying the Minister and the Department to address the shortcomings of the amending legislation.

“We have been advised that the Minister and Department have confirmed that amending legislation has been drafted addressing the shortcomings and that it is expected to come before Parliament for consideration in the coming months.”

Cr Moller said advice from the Department and the Minister’s office indicated that the amendments to the legislation would provide the opportunity for the full contingent of Councillors, including conflicted Councillors, to participate in decision making providing certain criteria was met.

He said the Committee Structure option put to today’s meeting did not provide for a full democratic process as there were multiple different machinations where non-conflicted minority Councillors would decide who among the conflicted Councillors could stay and who would go despite them being equally conflicted.

“The interests of the residents are best served by the opportunity for the full Council to be able to decide matters but in the meantime until amending legislation is passed, the current approach, of delegating to the CEO as followed by all other conflicted Councils in Queensland, should be the steady sure approach we should follow,” Cr Moller said.

Council also resolved to revisit the matter in three months “if meaningful progress in respect to the amending legislation has not eventuated”.

Council also resolved that Councillors be advised when information is available about what the legislation review will contain and what recommendations had been made by the Mayor in regards to amending the legislation.