Understanding Conflict of Interest in Local Government
Questions about conflict of interest are common in local government — particularly when councils are making decisions about planning, development, infrastructure and major projects.
It is important that the community understands how the process works, what the legislation requires, and what is - and is not - considered a conflict of interest.
Under Queensland local government legislation, there are two recognised types of Conflict of Interest (COI): Prescribed and Declarable.
Prescribed Conflict of Interest
A prescribed conflict of interest exists where a councillor — or a related entity — has a direct personal or financial interest in a matter that is being considered by council.
This is clear-cut. If a prescribed conflict exists, the councillor must:
- Declare the conflict
- Leave the meeting room
- Take no part in the discussion or vote
This is mandatory.
For example, where a related entity has a commercial arrangement connected to council land or infrastructure, that would constitute a prescribed conflict, and the councillor would step aside entirely.
Declarable Conflict of Interest
A declarable conflict of interest applies where there may be a perceived connection or potential interest, but it is not necessarily direct or financially beneficial.
In these cases:
- The councillor must declare the circumstances
- The remaining councillors vote on whether that councillor should stay and participate or leave the room
- The decision is recorded in the minutes
This process ensures transparency and independent oversight within the chamber.
What Is Not a Conflict of Interest
It is equally important to clarify what does not constitute a conflict. Having professional experience in a particular industry - such as planning, construction, aviation, or infrastructure is not, in itself, a conflict of interest.
Councils benefit from diverse professional backgrounds. Experience allows informed questioning, stronger debate, and more considered decision-making. It does not automatically disqualify participation.
The legislation also makes clear that conflict provisions do not apply to decisions that form part of the ordinary business of council. These include:
- Adopting or amending the planning scheme
- Setting or adjusting council budgets, fees, and charges
- Decisions that affect a significant portion of the local government area
These matters impact the broader community rather than an individual person or entity. Councillors are expected to participate in these decisions.
The Responsibility of Councillors
The integrity of the system relies on councillors being upfront and transparent. That means:
- Declaring relevant interests early
- Providing full and accurate details
- Stepping aside when required
- Respecting the vote of the chamber
Conflict of interest laws are designed to protect public confidence in local government while ensuring councils can continue to function effectively.
If you have questions about how conflict of interest works, or how the process applies to particular decisions, I welcome respectful discussion.
You can contact me directly via the Contact page on this website, and I will always do my best to provide clarity.












