People often ask about how local government fits into the state government legislation that provides its head of powers and who has oversight of them. These questions are usually asked when something goes wrong, or people feel like they have not been listened to.

Here is a rundown of how local government and state government entities and legislation interact, and who to go to when you have concerns.

State legislation, particularly the Local Government Act 2009 and Local Government Regulation 2012 establish local governments and provide them with their general jurisdiction including the power to make local laws and levy rates and charges. Currently, this legislation is administered by the Department of Local Government, Water and Volunteers. To view this legislation, visit  LGA 2009, LG Reg 2012.

Other pieces of state legislation such as the Environmental Protection Act 1994, the Public Health Act 2005 and the Water Supply (Safety and Reliability) Act 2021 delegate or devolve specific functions and responsibilities to local governments. Oversight of this legislation is the responsibility of various state agencies (e.g. the Department of Environment, Tourism, Science and innovation, Queensland Health).

Oversight of local government is done by several independent state authorities including:

  • Queensland Audit Office – which predominantly provides financial oversight of local councils by conducting annual audits of local governments’ financial statements, periodically undertaking performance audits of specific local government functions or activities and making recommendations to the government. The most recent report that was tabled in Parliament identified that some Councils did not review their services regularly and did not consult with the community on the levels of services required ,allocate overhead costs to their services to determine the true cost of these services and monitor and report internally at a service level. You can find them here: QLD Audit Office
  • Queensland Ombudsman – investigates any administrative decisions including decisions made under any piece of state legislation or a council’s own local laws including decisions to refuse service, exclusion from a program or service, conduct of an officer, policy or procedure. Common complaints about councils involve injury or damage to property from potholes, obstacles on footpaths, flooding, subsidence. Here is the link: QLD Ombudsman
  • Crime and Corruption Commission (CCC) – which deals with corruption in the public sector – website link at: CCC
  • Independent Assessor – who assesses complaints about councillor and MP conduct. Find link at: Office of IA
  • Information Commissioner – particularly In relation to the Right to Information Act 2009 and the Information Privacy Act 2009 – find them at: Info Commissioner
  • Queensland Civil and Administrative Tribunal (QCAT) – reviews administrative decisions referred to it – including any from the Local Government Act 2009 and the Local Government Regulation 2012. They can also recommend changes to legislation, policies, practices and procedures. Go to: QCAT

If anyone disagrees with any administrative decision made by government they can make a complaint to the QLD Ombudsman or to QCAT.  If the issue is about corruption or Councillor/MP conduct, it can be referred to CCC or the Independent Assessor.

Further Information

As advised by the Minister for Local Government, the Local Government Act 2009 (The Act) makes provision for when the minister may take remedial action in relation to a local government.

However, the system of local government in Queensland is premised on the view that councils are an independent level of government. While the state government sets out the powers and responsibilities of councils, it is only in the most serious cases that the Queensland Government would intervene directly with a democratically elected council. However, this level of independence is balanced by the role of the independent bodies (as outlined above) which have been given responsibility to review council matters.

Remedial action by the minister can only occur in limited circumstances and the relevant section of The Act can be read at www.legislation.qld.gov.au/view/html/inforce/current/act-2009-017#ch.5-pt.1-div.3

For anyone wishing to contact the Minister for Local Government directly, current ministerial portfolios with contact information are available at https://cabinet.qld.gov.au/ministers-portfolios.aspx, as these can change due to cabinet reshuffles and elections. Please also copy any correspondence to our office via noosa@parliament.qld.gov.au

Parliamentary Committees also have a role in ensuring that there is oversight of the independent authorities, see QLD Parl Committees. Currently, this oversight is performed by:

  • Local Government, Small Business and Customer Service Committee – Independent Assessor.
  • Governance, Energy and Finance Committee – Auditor-General
  • Justice, Integrity and Community Safety Committee – Ombudsman; Information Commissioner; Integrity Commissioner
  • Parliamentary Crime and Corruption Committee – Crime & Corruption Commissioner

Please note that committee portfolios are subject to change, thus the information provided above may not be up-to-date at the time of your viewing. Information on current committee portfolios can be found via https://www.parliament.qld.gov.au/Work-of-Committees/Committees.

Committee oversight is delegated to identifying systemic problems and does not investigate individual cases. To view current committee oversight actions, please visit https://www.parliament.qld.gov.au/Work-of-Committees/Inquiries.

There are many avenues for residents to take if they are unhappy with Council decisions, but as always, I would first encourage approaching the Council or your local Councillor with your concerns and working with them to find a solution to your particular issue. You can find the Councillor contact list at https://www.noosa.qld.gov.au/downloads/file/927/contact-list-councillors

If your issue is related to a state government decision, please email our office for further advice or assistance via noosa@parliament.qld.gov.au.