On 11 March 2026, the Local Government (Empowering Councils) and Other Legislation Amendment Act 2026 (Qld) (the Act) received assent, introducing significant reforms to the Local Government Act 2009 (Qld), the City of Brisbane Act 2010 (Qld) and associated regulations. The Act introduces changes to councillor conduct, conflicts of interest and council governance, among many others.
The Act will change how councillor roles and behaviour is governed. The concept of a “conduct breach” will be removed, with the definition of “misconduct” expanded to include repeated unreasonable behaviour posing risks to health and safety, and sexual harassment. Mayors will remain a local government’s official spokesperson, although other councillors can still communicate with the community in their capacity as councillors and ordinary operational communications from local governments will continue. The office of a councillor will now be vacated if the councillor becomes a candidate for election to Queensland Parliament, rather than if they win a seat, as is currently the case.
The councillor conflict of interest regime will change again. Prescribed and declarable conflicts of interest will be abolished and replaced with broader concepts of material personal interest (MPI) and conflict of interest (COI). A councillor with an MPI will be required to disclose the interest and leave a council meeting, with any breaches of their obligations amounting to a criminal offence attracting a maximum penalty of 200 penalty units or two years imprisonment. By contrast, there is no prescribed obligations for councillors with a COI, other than managing the conflict in a transparent and accountable way. Contravention of the councillor’s COI obligations is considered misconduct and could result in disciplinary action.
Other reforms include changes to the registers of interests, restrictions on Indigenous councils levying rates, changing to training obligations and an easing of the caretaker period prohibitions during natural disasters. These reforms meaningfully reshape councillor accountability and local government governance practices across Queensland.
The Act takes effect in a staggered manner, with some changes already in force, and others due to commence by proclamation mid-year. Check the Queensland Legislation website (Local Government Act 2009 – Queensland Legislation) to see the current reprint of the Local Government Act.
Key takeaways
- The reforms significantly reshape councillor conduct and the conflicts framework.
- ‘Conduct breaches’ will be abolished and replaced with ‘misconduct’.
- Prescribed and declarable conflicts of interest will be abolished, replaced by material personal interests and conflicts of interest.
- MPI breaches will be a criminal offence.
- Several reporting and referral obligations are now removed, training requirements have been updated along with a flurry of other changes.
Please reach out to Troy Webb from our Local Government team if you have any questions.