Administrative action complaints and Human Rights complaints
Find out how to lodge a complaint with council.
Sunshine Coast Council (Council) is committed to delivering high quality customer service, and to acting fairly, ethically, responsibly and lawfully. Council has a customer service charter detailing its commitment to high quality customer service standards. However, it is recognised that at times, complaints may be made about standards of service delivery, the conduct of staff, and decisions relating to the application of organisational policies, procedures and practices.
Council will consider and investigate complaints made in accordance with its administrative action complaints management policy. This policy applies to all complaints within council’s jurisdiction, regardless of their nature. Council is currently working on the development of an Unreasonable Complainant Conduct Policy which will detail council's approach to managing the conduct of unreasonable complainants. In the interim, council currently relies on the recommendation provided by the Ombudsman on managing unreasonable complainant conduct.
Administrative action complaints do not include initial requests for service or reporting damage or faulty infrastructure. Requests for service (eg pothole repair, bin collection) should be submitted on line or via council’s Customer Contact Centre.
If a service request has been previously lodged and you are dissatisfied with how it was resolved, you can lodge a complaint in accordance with council's Administrative Action Complaints Management Process (AACMP). The AACMP outlines how council will investigate concerns about the services, actions or decisions of council.
The AACMP does not cover the following complaint types. The alternative process is detailed in the table below:
MATTER | EXAMPLE | ALTERNATE COMPLAINT AVENUE |
Complaints against or about Councillors conduct (including the Mayor) - refer to the Investigation Policy – Councillors | A Councillor does not correctly disclose and/or manage an interest in a matter | Office of the Independent Assessor |
A resolution of Council including decisions about rating categories | Complaint regarding adopted fees and charges Complaint regarding property ratings | Refer to the Queensland Ombudsman if there is evidence that Council has not followed correct processes or did not follow relevant council policy and procedures |
Complaints about the Chief Executive Officer – refer to council’s complaints about the Chief Executive Officer Policy | Conduct of the Chief Executive Officer | Complaints about the Chief Executive Officer |
Matters that have been previously finalised, i.e. Those matters for which an internal review has been completed and outcome determined | Complaint has already been the subject of an internal review.
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Disputes about the merits of planning approvals and building development approvals | Refusal of a building development application; challenging a decision notice from a private building certifier refusing the application in line with the Council’s recommendation or swimming pool fences Not in agreement with the outcomes of a private certifier | Queensland Government Development Tribunal or Queensland Planning and Environment Court Queensland Building and Construction Commission |
Appeals of court decisions or matters before the courts or other tribunal
| Appeal of court decision regarding development application (DA) | |
A decision made under a local law which is not reviewable in accordance with Sunshine Coast Regional Council Local Law No. 1 (Administration) 2011, Part 6 | Penalty infringement notices for an offence against a local law (i.e. parking fine) | Queensland Government State Penalty Enforcement Registry (SPER) |
A decision made by Council’s insurer | Refusal of an insurance claim made against Council | Local Government Mutual Services (external insurance provider) Queensland Civil and Administrative Tribunal (QCAT) under $25,000 |
Civil neighbour disputes | Boundary fence disputes, torts, trespass or airspace intrusions (including misuse of drones) | Queensland Police Service (QPS) Queensland Civil and Administrative Tribunal (QCAT) Australian Government Civil Aviation Safety Authority (CASA) |
Matters that fall within the jurisdiction of another level of government | Social housing, health care or roads which are not maintained by Council | Relevant State or Federal Government Department, i.e. Department of Housing and Public Works, Queensland Health or Transport and Main Roads |
Matters for which the statute of limitations on civil litigation has expired | Personal injury claim - 3 years from date of cause of action Defamation - 1 year from the date of the publication of the matter | Seek independent legal advice. Legal Aid Queensland Queensland Civil and Administrative Tribunal (QCAT) |
Adverse privacy impacts associated with Council’s use and / or application of artificial intelligence systems | Cyber security breaches, privacy breach | Queensland Government Office of the Information Commissioner |
Allegations of suspected harm or risk of harm to a child | Incident takes place at a Council managed playground involving a child |
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Matters that may involve criminal offences | Vandalism, theft or a compromise of safety | Queensland Police Service |
You can find more information in Council's Administrative Action Complaints Management Process.
Should you wish to understand more about Council's Complaints Management Policy, you can find more information here Council's Complaints Management Policy.
Anonymous complaints will be accepted however council's ability to adequately deal with and communicate about the issue may be impacted.
Any personal information that you provide to council will be handled in accordance with council's Information Privacy Policy.
Requests for service
Any initial concerns you have, or a request for service, should be managed in the first instance by lodging a service request. This may include (for example) matters like:
- Street parking
- Animal management concerns (i.e. barking dogs)
- Public health concerns
- Pot holes in the road; or
- Bin collections
Staff conduct complaints
Council takes all allegations of fraudulent and/or corrupt behaviour seriously. In relation to suspicions of serious misconduct (i.e. fraud, corruption) you may direct your complaint immediately to the Ethical Standards Branch for investigation or complain directly to the Crime and Corruption Commission.
Human Rights complaints
Council is committed to acting compatibly with Human Rights.
The new Human Rights Act 2019 commenced in Queensland on 1 January 2020. The act recognises 23 human rights including property rights, cultural rights, privacy and reputational rights and the right to freedom of expression. Sunshine Coast Council is committed to ensuring that the 23 human rights are at the forefront of decision-making, service delivery and policy development.
Lodging a complaint
Complaint types:
An act or a failure to do an act by a council employee: A council employee has done something (or not done something) that directly affects a private right of mine.
An action about a matter of administration that directly affected me: Administrative action includes:
- a decision and an act;
- failure to make a decision or do an act, including failure to provide a written statement of reasons for a decision;
- the formulation of a proposal or an intention;
- the making of a recommendation.
The unprofessional personal conduct of a council employee: A council employee has engaged in behaviour that I believe to be unprofessional, and not behaviour that relates to promoting the public good.
The misuse of authority of a council employee: A council employee has engaged in behaviour that I believe to be lacking in integrity and transparency and to constitute wrongdoing. Unethical conduct or fraud by council employees is not acceptable.
Misappropriation of unauthorised use of resources by a council employee: A council employee has been using council resources for their own personal gain, or the personal gain of family members or friends.
Behaviour by a council employee that I believe to be bribery or a secret commission: A council employee has:
- used their position or knowledge to pass on confidential information;
- promised not to undertake enforcement action if I paid them/provided them a gift;
- stolen council resources; or
- employed a family member or friend without following council policies and procedures.
How to lodge a Human Rights complaint
If you wish to make a complaint regarding Council’s fulfillment of its obligations in relation to your human rights you should contact Council directly.
Council will endeavour to respond to and resolve your complaint within 45 business days. Should you feel that Council has not adequately responded to your complaint you may then make a complaint to the Human Rights Commissioner. The Queensland Human Rights Commission website provides more information about Human Rights.
Online
To lodge an administrative action complaint please complete the Administrative Action Complaints form[612KB].
Complaint forms should be emailed to integrity@sunshinecoast.qld.gov.au
In person
You can lodge a complaint by contacting council.
Assistance available
If you require interpreter services, or have special communication needs to complete an administrative action complaints form, please contact council for assistance.