Office of the Independent Assessor

I refer to recent articles in the Courier Mail in relation to the involvement by the Office of the Independent Assessor (OIA) in relation to the following matters:-

·         Barcaldine Regional Mayor Sean Dillon;

·         The Fassifern Guardian & Tribune issue; and

·         Former Rockhampton Mayor Margaret Strelow.

In relation to the Barcaldine Mayor it has been reported that his critical comments about vaccine rollout plans by the Local Public Health Service were the subject of a Notice from the OIA of a suspicion of inappropriate conduct on the basis of an alleged assertion by the OIA that “To make such statements in the public forum is not in the best interests of the community”.

In relation to the Fassifern Guardian & Tribune the Courier Mail has reported that two journalists were ordered to the OIA ‘Star Chamber’ in relation to a quote that newspaper ran from a Local Councillor concerning that Councillor’s involvement with the OIA.

It is this Council’s view that the Courier Mail has raised important public issues as to the extent to which the OIA may be improperly exercising its powers where it is arguably contrary to the provisions of the OIA’s statute with the result that free speech incursions are occurring in relation to the ability of Local Councillors to exercise their public duty to engage in appropriate criticism of matters affecting Local Government in Queensland.

I respectfully submit that the above issues should be referred to the State Development and Regional Industries Committee of the Queensland Parliament for its investigation and assessment as to whether the statute governing the OIA needs to be amended to ensure that that Office is restricted to its core duties and not engage in overreach that affects Local Councillors’ fundamental rights to freedom of expression.

It is to be observed that the OIA has significant Crime Commission style powers in that its statute provides for the ability to obtain a Magistrate’s Warrant for entry, search and seizure as well as ‘Star Chamber’ proceedings forcing Councillors and others to attend closed Hearings for questioning. 

The current Inquiry being conducted by the supervising Parliamentary Committee of the Crime and Corruption Commission demonstrates the importance of the detailed forensic examination of that Crime Commission in relation to the controversy raised by the prosecution of the so‑called Logan 8 Councillors. 

The Office of the Independent Assessor has been in existence now for a number of years and has not been the subject of a public Parliamentary Committee examination as to whether the manner in which it carries out its duties is consistent with the aims and goals of its originating statute.

This Council urges you to refer the above issues to the State Development and Regional Industries Committee of the Queensland Parliament for examination and a public hearing similar to that which has recently been conducted by the Parliamentary Committee in respect of the Crime and Corruption Commission.