Local Government Electoral (Implementing Stage 2 of ...

1 Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Bill 2019. Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Bill 2019. Explanatory Notes Short title The short title of the Bill is the Local Government Electoral (Implementing Stage 2 of Belcarra). and Other Legislation Amendment Bill 2019. Policy objectives and the reasons for them The policy objective of the Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Bill 2019 (the Bill) is to continue the Government 's rolling Local Government reform agenda guided by four key principles of integrity, transparency, diversity (reflecting electorate diversity) and consistency, as appropriate, with State and Commonwealth Electoral and governance frameworks.

2 Accordingly, the objectives of the Bill are to implement: the Government 's policy in relation to a number of remaining recommendations of the Crime and Corruption Commission's (CCC) report: Operation Belcarra: A blueprint for integrity and addressing corruption risk in Local government1 (the Belcarra Report);. the Government 's response2 to a number of recommendations of the Inquiry Report of the independent panel: A review of the conduct of the 2016 Local Government elections, the referendum and the Toowoomba South by-election3 (Soorley Report); and other significant reforms to improve diversity, transparency, integrity and consistency in the Local Government system, decision-making and Local Government elections.

3 1. Operation Belcarra: A blueprint for integrity and addressing corruption risk in Local Government . A copy of the report is available at: 2. A copy of the Government 's response to A review of the conduct of the 2016 Local Government elections, the referendum and the Toowoomba South by-election is available at: 3. A review of the conduct of the 2016 Local Government elections, the referendum and the Toowoomba South by- election. A copy of the report is available at: Page 1. Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Bill 2019. Operation Belcarra: A blueprint for integrity and addressing corruption risk in Local Government Following the Queensland Local Government elections on 19 March 2016 the CCC received a number of allegations about the conduct of candidates in the 2016 Local Government elections for the Gold Coast City Council, Moreton Bay Regional Council, Ipswich City Council and Logan City Council.

4 In response to these allegations, the CCC initiated Operation Belcarra in September 2016 to determine whether candidates committed offences under the Local Government Electoral Act 2011. (LGEA) that could constitute corrupt conduct and to examine practices that may give rise to actual or perceived corruption or otherwise undermine public confidence in the integrity of Local Government , with a view to identify strategies or reforms to help prevent or decrease corruption risks and increase public confidence. On 4 October 2017, the Belcarra Report was tabled in the Legislative Assembly. The Belcarra Report contains 31 recommendations to improve equity, transparency, integrity and accountability in Queensland Local Government elections and decision-making.

5 On 10 October 2017, the Premier and then Minister for the Arts tabled the Government 's response4. to the Belcarra Report, supporting or supporting in principle all the recommendations. The Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Act 2018 (Belcarra Stage 1 Act) was given assent on 21 May 2018 and was the first Stage of reform to implement the Government 's response to the Belcarra Report recommendations. The Belcarra Stage 1 Act implemented the Government 's response to the following recommendations: recommendation 20 to ban donations from property developers for candidates, groups of candidates, third parties, political parties and councillors recommendations 23 to 26 to strengthen the processes associated with the management of councillor conflicts of interest and penalties for non-compliance.

6 The Bill represents the second Stage of reform. The policy objective of the Bill includes implementing the Government 's policy in relation to the following Belcarra Report recommendations: recommendation 2 (real-time disclosure of Electoral expenditure). recommendations 3 and 4 (disclosure of candidate interests as a condition of nomination). recommendation 5 (registration and behaviour of groups of candidates). recommendations 6, 18 and 19 (additional details for disclosures about gifts, loans and third- party expenditure for political activities). 4 A copy of the Government 's response to Operation Belcarra: A blueprint for integrity and addressing corruption risk in Local Government is available at: Page 2.

7 Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Bill 2019. recommendations 7 and 21 (deeming election participants and councillors to have knowledge of the original source of Electoral gifts or loans). recommendation 8 (all gift recipients to notify donors of the donor's disclosure obligations). recommendation 10 (prospective notification to proposed donors of recipients' disclosure obligations). recommendation 12 (mandatory attendance at training session prior to nomination as a candidate). recommendations 14 and 15 (restrictions on the use of dedicated accounts for candidates and groups of candidates and providing details of dedicated accounts upon nomination).

8 Recommendations 29 and 30 (increasing penalties, including by prescribing additional integrity offences and amending limitation periods for particular offences). Soorley Report: A review of the conduct of the 2016 Local Government elections, the referendum and the Toowoomba South by-election In response to voter concerns following the holding of the referendum on four-year fixed parliamentary terms in conjunction with Local Government elections on 19 March 2016, the Attorney-General and then Minister for Justice and Minister for Training and Skills appointed an independent panel to undertake an inquiry into the performance of the Electoral Commission Queensland's (ECQ)

9 Conduct of the 2016 Local Government elections, the referendum on fixed four-year terms as well as the by-election for the state seat of Toowoomba South. The Soorley report makes 74 recommendations including recommendations relating to operational matters for the ECQ and recommendations of a policy and legislative nature. On 15 June 2017, the Attorney-General and Minister for Justice tabled the Government 's response to Soorley Report. The Government undertook to consider recommendations directed to it of a policy and legislative nature and progress any necessary and desirable amendments in advance of the next ordinary general State election and quadrennial Local Government elections.

10 The policy objective of the Bill includes implementing the Government 's response to the following Soorley Report recommendations: recommendation 41 (earlier timeframes for receipt of an application for a postal vote). recommendation 44 (amended process for Local governments to apply to the Minister for a Local Government election to be held by postal ballot). recommendation 61 (pre-election processing of postal votes). recommendation 74 (amendments relating to operational Electoral matters). Improve accountability, transparency, integrity and consistency in the Local Government system, decision-making and Local Government elections The policy objective of the Bill includes continuation of the Government 's rolling Local Government reform agenda to further improve accountability, transparency, integrity and consistency in the Local Government system, decision-making and Local Government elections.