Local Government (Townsville City Council—Suspension of Mayor) Amendment Regulation 2024

This endorsed summary impact assessment was issued in November 2024. It is published by the Department of Local Government, Water and Volunteers (DLGWV). It was endorsed by:

• Linda Dobe, Director-General, DLGWV
• Ann Leahy MP
  Minister for Local Government and Water and
  Minister for Fire, Disaster Recovery and Volunteers

Proposal type

Proposal has some (but not significant) impacts.

Summary

Councillor Troy Thompson is the Mayor of the Townsville City Council.

The Minister for Local Government and Water and Minister for Fire, Disaster Recovery and Volunteers weighed the public interest considerations in relation to suspending Councillor Thompson and, under section 122 of the LGA, recommended to the Governor in Council to suspend Councillor Thompson as mayor and councillor of the Townsville City Council, with pay, for the period of one year starting on 22 November 2024.

Therefore, the objective is to suspend Councillor Thompson as mayor and councillor of the Townsville City Council, with pay, in accordance with the Minister’s recommendation.

Options considered

Section 122 of the LGA provides that the Minister may either suspend or dismiss a councillor if the Minister reasonably believes it is ‘otherwise in the public interest’ that a councillor be suspended or dismissed.

Therefore, one option was to dismiss Councillor Thompson. However, suspending Councillor Thompson was deemed the more proportionate option, as it would enable relevant integrity agencies to finalise their investigations of allegations made against Councillor Thompson, prior to any definitive action being taken against him.

Another option was to suspend Councillor Thompson for a shorter period. However, 12 months was deemed an appropriate suspension period, as it would enable integrity agencies to complete their investigations.

Impacts

In terms of positive impacts, suspending the Mayor from his role will uphold the public interest, in accordance with the Minister’s consideration that it is in the public interest to suspend Councillor Thompson.

In terms of costs, there may be a minor financial impact on Townsville City Council. The suspension of Councillor Thompson from the office of Mayor will mean that the Deputy Mayor will act as the acting Mayor. The acting Mayor would potentially receive increased remuneration of approximately $72,061 (based on the Mayor’s remuneration of $225,206 and Deputy Mayor’s remuneration of $153,145 Local Government Remuneration Commission, Annual Report 2022-23, p. 16.). Councillor Thompson would also continue to receive his full pay during the term of the suspension.

Human rights impacts under the Human Rights Act 2019 were also addressed in the Human Rights Certificate accompanying the Local Government (Townsville City Council—Suspension of Mayor) Amendment Regulation 2024, which concludes the rights limited are limited only to the extent that is reasonable and demonstrably justifiable in a free and democratic society based on human dignity, equality and freedom.

Consultation

Councillor Thompson was provided a show cause notice under section 120 of the LGA.

Recommendation

It is recommended to suspend Councillor Thompson of the Townsville City Council, with pay, for a period of 12 months.

This option is the least restrictive way to address the impacts identified, in accordance with the Minister’s recommendation.

Impact assessment

Read the endorsed Impact assessment statement for the Local Government (Townsville City Council—Suspension of Mayor) Amendment Regulation 2024 (PDF, 2MB).