The body,established amid local government reform in 2018,launched an investigation last month after Independent Assessor Kathleen Florian publicly disputed comments made by Scenic Rim councillor Derek Swanborough to theFassifern Guardian and Tribune,which knocked back a request by her office for a correction.
This led to demands of a journalist and editor at the newspaper for their notes and recordings of conversations with the councillor and OIA media adviser,along with their attendance at a meeting and confidentiality around the case,under threat of hefty fines.
The paper mounted a Supreme Court legal defence arguing the request violated implied freedom of political communication and put the OIA in a conflicted position as complainant,investigator and decision-maker.
Under the Local Government Act,Ms Florian is required to recuse herself and give notice to the minister to nominate another person to act as the assessor if she has any interest which might conflict with a “fair and impartial investigation” into a councillor’s conduct.
The probe into Cr Swanborough was dropped,before the concerns raised by the paper went before the court,after another assessor was appointed by Local Government Minister Steven Miles earlier this month.
Responding to questions from this masthead,a spokeswoman for the OIA said based on knowledge of all the circumstances in the matter,Ms Florian believed she had no such conflicting interest.
“But[Ms Florian] requested that an Acting Assessor be appointed to handle the case so that the conduct of any investigation is beyond reproach,” she said in a statement.