Local Government Act 2009 (Qld)
Key responsibilities and powers of authorised persons and investigators under Queensland local government legislation.
📎 https://www.legislation.qld.gov.au/view/html/inforce/current/act-2009-017
📌 Focus: Covers the powers of entry, investigation, and seizure granted to: Authorised persons (for operational investigations under local laws), Investigators (for formal councillor conduct investigations under Chapter 5A)
✅ Summary of Entry, Investigation, and Seizure Powers (QLD Local Government Act 2009)
🔍 Powers to Enter a Place
Authorised Persons (Operational Investigations)
s128 – May enter public places open to the public (e.g. a park) without consent.
s129 – May enter private property with the occupier’s consent.
s130 – May enter private property under warrant, issued by a magistrate.
🛠️ General Powers After Entering
Authorised Persons
s135 – After lawful entry, may:
Inspect, measure, photograph, film
Test, take samples
Copy documents
Ask questions and require production of documents
NOTE: Authorised persons vs Investigators - what is the difference?
Authorised persons enforce council rules in the community — think of them as local compliance officers (e.g. issuing fines, entering yards, investigating local nuisance or environmental breaches).
Investigators are a special category defined in Chapter 5A and are tasked with investigating councillor conduct, under powers that resemble anti-corruption or integrity agency functions.
Information Privacy Act 2009 (Qld)
Applies when council officers collect, store, use, or disclose personal information during investigations
📎 https://www.legislation.qld.gov.au/view/html/inforce/current/act-2009-014
📌 Focus: Governs how personal information (e.g. names, addresses, photos, recordings, complaints) must be collected, secured, used, and disclosed by local government officers.
Schedule 3 – Information Privacy Principles (IPPs)
The following IPPs are particularly relevant to council investigations:
IPP 1 – Collection of Personal Information
➤ Must be collected lawfully, fairly, and for a legitimate purpose. Individuals should be informed.IPP 4 – Data Security
➤ Protect information from loss, unauthorised access, misuse, or modification.IPP 10 – Use of Personal Information
➤ Only use data for the purpose it was collected — not for unrelated matters.IPP 11 – Disclosure
➤ Do not disclose personal information to third parties without consent or legal authority.
🔗 Information Privacy Act (Qld)
Evidence Act 1977 (Qld)
Core legal foundation for handling evidence in QLD
📎 https://www.legislation.qld.gov.au/view/html/inforce/current/act-1977-047
📌 Focus: The Act governs how evidence must be lawfully obtained and fairly presented to be admissible in court — including council-collected evidence such as photos, digital material, statements, and seized items.
Office of the Information Commissioner QLD – Information Privacy Principles
Guidance on the 11 Information Privacy Principles (IPPs) under the Information Privacy Act 2009 (Qld)
📎 OIC QLD – IPP Overview
📌 Focus:
Explains how QLD public authorities (like councils) must collect, store, use, and disclose personal information
Useful for interpreting Schedule 3 of the Information Privacy Act 2009 (Qld)
Qld Ombudsman – Good Decision-Making Guidelines
Ethical considerations and accountability for public officers
🔗 Good Decision-Making Guide
📌 Focus:
Promotes ethical, accountable, and defensible decision-making in public administration
Reinforces procedural fairness, natural justice, and transparent communication in council investigations
Applies to:
Enforcement actions
Interviews and evidence collection
Notices, directions, and penalties
