Councillors forced to quit if running for state parliament under proposed QLD laws

Sweeping proposed changes to Queensland's local government laws have been criticised as a "retrograde step", with warnings they could increase corruption risks and impose higher costs on ratepayers.

The legislation, introduced by the LNP government late last year, would require mayors and councillors to automatically vacate their positions if they nominate to run for state parliament. Under the current rules, local government representatives are only required to take leave without pay while contesting a state election.

In a submission to a parliamentary committee, the Local Government Association of Queensland (LGAQ) said the proposed change marked a backward move and created inconsistencies within the system. LGAQ chief executive Alison Smith said councillors are still permitted to seek election to the federal parliament without losing their local government roles.

The association also warned the changes could trigger more by-elections, increasing costs for councils and ratepayers.

The existing framework was introduced in 2012 by then local government minister - now Premier - David Crisafulli, who at the time described forcing councillors or mayors to resign to pursue state politics as "blatantly unfair".

Local Government Minister Ann Leahy defended the reforms, arguing they reflect a changed political environment.

"With state and local government elections now fixed-term and seven months apart, this is a very different landscape to a decade ago," she said.
"These changes deliver certainty and stability to local government and minimise costly by-elections."

Beyond candidacy rules, the bill proposes significant changes to conflict-of-interest frameworks. Under the reforms, councillors would be responsible for determining whether they have a conflict of interest and for managing and declaring it themselves. Currently, councillors without a conflict vote on whether a colleague with a declared conflict can participate in decision-making.

The Crime and Corruption Commission (CCC) warned the reforms could "amplify corruption risks" within the local government sector. CCC chair Bruce Barbour said conflicts of interest remain one of the highest-risk areas for councils nationwide.

"The CCC considers that the Bill, if enacted, will wind back some of the significant integrity and transparency measures which were enshrined in local government laws in Queensland," he said.

The Office of the Independent Assessor also raised concerns, particularly about the proposed removal of 'close personal relationship' provisions as a declarable conflict. Acting Independent Assessor Charles Kohn warned the change could create uncertainty for councillors and risk decisions being made contrary to the public interest.

A parliamentary committee will review submissions and hear from stakeholders later this week before delivering its report to parliament.