Administrative action complaints ( Section 187 )

Toowoomba Regional Council is committed to dealing fairly with administrative action complaints and received 944 complaints during 2015-2016 .

Council has implemented its Complaints Management Framework to deliver a quality service which has , as its foundation , a high level of customer service . As part of this service , Council seeks to ensure an efficient and effective response to operational and administrative concerns . The number of complaints received in 2015-2016 increased by 2 % this year .

Complaints ( Section 186 ( f ))

• Complaints about the conduct or performance of a Councillor during 2015-2016 : Five

• Complaints about the conduct or performance of Councillors for which no further action was taken under section 176C ( 2 ) of the Act : Four

• Complaints about the conduct or performance of a Councillor and referred to the Chief Executive , Department of Local Government : One

• Complaints referred to the Mayor : Nil

• Complaints about the conduct or performance of a Councillor and referred to the Crime & Corruption Commission : Nil

• Complaints about the conduct or performance of a Councillor and referred to the Regional Conduct Review Panel : One

• Complaints about the conduct or performance of a Councillor and referred to the Local Government Remuneration and Discipline Tribunal : Nil

• Complaints about the conduct or performance of a Councillor with regard to Section 176C of the Local Government Act 2009 : Nil

Orders Made ( Section 186 ( f ))

• Section 180 ( 2 ) or ( 4 ) ( made by conduct review panel ): One

• Section 181 ( 2 ) and regulations Section 186 ( d ) ( ii ) ( made with regard to inappropriate conduct ): Nil

Disciplinary Action

• Number of orders and recommendations made under section 180 ( 2 ) or ( 4 ) of the Local Government Act 2009 : One .

• Number of orders made under section 181 of the Local Government Act 2009 : Nil .

• The name of each Councillor for whom an order or recommendation was made under section 180 of the Act or an order was made under section 181 of the Local Government Act 2009 : Cr Geoff McDonald

• Description of the misconduct or inappropriate conduct engaged in by each of the councillors : Cr McDonald engaged in conduct that involved the performance of the Councillor ’ s responsibilities in a way that was not impartial by failing to declare a material personal interest ( MPI ), remaining during the discussion and subsequently voting on the matter in question during a Council Planning and Development Committee meeting which dealt with the approval for construction of a Bunnings Warehouse ( in breach of s172 ( 5 ) of the Act ). The alleged material personal interest related to Cr McDonald holding 182 shares in Westfarmers which owns Bunnings .

• Summary of the order or recommendation made for each councillor : The Regional Conduct Review Panel determined that the complaint was substantiated , and made an order pursuant to section 180 ( 2 )( b ) of the Local Government Act 2009 , that Cr McDonald make an admission of error . Cr McDonald made the admission of error at the Ordinary Meeting of Council held on 15 December 2015 .

132 CHAPTER 5 Our governance TOOWOOMBA REGIONAL COUNCIL Annual Report 2015 - 2016