This is an important message to our local community in the Lockyer Valley on behalf of Council.
You may have recently become aware that the Queensland Councillor Conduct Tribunal has found Cr Brett Qualischefski to have engaged in misconduct under the Local Government Act 2009 (Qld).
I am sure this is as disappointing for you as it is for me and the rest of our Council.
I’m taking this opportunity to provide relevant facts and details the community has a right to know.
In April 2021, Council received a complaint from a community member alleging inappropriate behaviour from a councillor. Council promptly encouraged the community member to take the matter to the Police, which they did.
Council’s CEO simultaneously referred the matter to the Office of the Independent Assessor (the OIA) for their formal investigation under the Local Government Act.
Council made this referral to the OIA in April 2021.
Following an investigation, Queensland Police issued Cr Qualischefski with a Notice of Adult Caution for the offence of “Unlawful Stalking”.
On behalf of Council, I want to acknowledge and apologise for the impact that the incidents and subsequent investigations have had on the victim, her family and the community of this misconduct.
As a community leader I can say that no one should have to be subjected to the behaviour of stalking.
The OIA determined the behaviour warranted further investigation and referred the matter to the Councillor Conduct Tribunal. As I understand it, the OIA made that referral in June 2022 – a year after Council lodged the matter with them.
Council has made numerous enquiries to the OIA and the Tribunal over the past two years for the matter to be finalised. It was appropriate that we did not make public comments on the matter until the OIA, and Tribunal processes had been completed.
Late last month the Tribunal made its final decision that the matter was indeed Councillor Misconduct and has only recently made its finding public. We will place a link to the findings on our website.
I want to make several things clear to our community:
- At no time has Council covered up the matter.
- it was Council that urged the community member to go to the Police;
- it was Council that referred the matter to the OIA;
- it was Council that kept asking the OIA and Tribunal to deal with and finalise the matter.
- Council is deeply embarrassed and severely disappointed by the conduct of one of our elected members.
- We know this reflects poorly on all of us – and I want to say while that suspicion is understandable, it is not justified. Overall, our team works in the best interests of the community with the highest integrity.
I am aware that people are asking why Council didn’t make the councillor stand down, or resign, or go on leave without pay. Council doesn’t have that authority.
The OIA and the Tribunal are State Government organisations and make the decision. Local Government - councils – can refer concerns to them, and that is what Council promptly did here.
I expect you are not only disappointed that a councillor has been found to engaged in this conduct, but also that you are frustrated about the length of time before the matter of misconduct has been determined. I share that frustration.
In cases like this where there has already been a Police investigation and admission of guilt, the matter should be dealt with as promptly as possible to restore community confidence in public office.
In an attempt to find a silver lining from this matter may I suggest we turn at least some of the community conversation to what respectful behaviour looks like, and to call out inappropriate behaviours immediately and support any victims of such behaviour, as we have endeavoured to do in this instance.
Please refer to the News page on our website for any further statements or links.
Thank you
On behalf of Council
Mayor Tanya Milligan
Lockyer Valley Regional Council
Please direct enquiries to media@lvrc.qld.gov.au or 5466 3518
