Councils, as a person conducting a business or undertaking (PCBU), have a primary duty under the Work Health and Safety Act 2011 (Qld) (WHS Act) to ensure, so far as is reasonably practicable, the health and safety of workers and others. That duty goes beyond physical safety and includes managing psychosocial risks arising from workplace interactions and behaviours.
In practice, councillor conduct is now a significant psychosocial risk for many councils. Public criticism of staff, breakdowns in working relationships and disrespectful behaviour can leave Councils exposed to WHS Act breaches. Many councils have already seen at least one example of this play out in a meeting.
Although councillors are not council employees and are not subject to ordinary disciplinary or performance management processes, the way they interact with council officers, conduct themselves in meetings and communicate publicly can have a significant impact on employee wellbeing and workplace culture.
Regulators now expect councils to manage councillor conduct as a WHS risk. Councillors need to understand both their own obligations and how their behaviour affects Council.
Where councillor conduct is causing WHS problems
We are assisting councils where councillor conduct has created more than just governance issues. A recurring problem is the impact that councillor behaviour has on employees’ psychological health. In our experience, risks commonly arise from:
- public criticism of council staff or operational teams;
- repeated or unconstructive commentary directed towards branches or teams;
- breakdowns in working relationships between councillors and council officers;
- inappropriate communication in formal council settings (e.g. meetings and forums); and
- uncertainty about the standards of respectful behaviour expected of elected members.
Importantly, these situations do not always involve intentional bullying or misconduct. Even well-intentioned comments or repeated public criticism can still trigger workplace conflict, create psychosocial risks and affect employees differently depending on the circumstances. If left unmanaged, these behaviours can expose councils to WHS risks that they must address. These are not hypothetical risks.
A unique challenge
Managing these risks is not always straightforward because councillors occupy a different legal position to council employees.
Unlike employees, councillors are not subject to ordinary performance management or disciplinary processes. Councils must instead control risks arising from councillor conduct through governance, education and proactive risk management.
Many councillors are surprised to learn that, while they are not ‘workers’ under the Work Health and Safety Act 2011 (Qld), they still owe obligations as ‘other persons’. This includes taking reasonable care that their acts or omissions do not adversely affect the health and safety of others and complying, so far as they are reasonably able, with reasonable health and safety directions given by the council.
Recent amendments to the Local Government Act 2009 (Qld) that came into effect from 1 July 2026 sharpen this focus on respectful councillor conduct. The reforms expand the concept of misconduct to include sustained unreasonable behaviour that creates risks to another person’s physical, mental or psychological health, and introduce a standalone category of misconduct for sexual harassment. With these changes, Councils can no longer treat poor councillor conduct as ‘just politics’ – it is a clear legal risk.
Councils remain responsible for managing psychosocial risks and meeting their workplace health and safety obligations, yet the conduct creating those risks may involve elected members who are subject to a different legislative framework. That gap is where many councils are now feeling exposed.
Preventing psychosocial risks: why councillor training matters
The most effective way to manage these risks is to stop issues before they arise.
Tailored training helps councillors understand their workplace health and safety obligations before issues emerge. It gives practical guidance on how everyday interactions, public commentary and workplace behaviour can affect employee wellbeing, together with practical strategies for promoting respectful conduct and positive working relationships with council officers.
Training is more than legislative compliance. It equips councillors with the knowledge and confidence to navigate challenging situations appropriately. In turn, councils reduce organisational risk, strengthen workplace culture and demonstrate a proactive approach to managing psychosocial risks.
How we can help your council manage councillor WHS risks
McCullough Robertson delivers tailored workplace health and safety training for councillors across Queensland.
Designed specifically for elected members, our training covers councillors’ workplace health and safety obligations, psychosocial hazards, recent legislative developments and the practical steps councillors can take to recognise the impact of public statements, exercise appropriate judgement in council meetings and promote respectful workplace conduct.
Our training covers councillors’ WHS obligations, psychosocial hazards and recent legislative changes. It sets out practical steps to recognise the impact of public statements, exercise sound judgment in council meetings and promote respectful workplace conduct. Using real-world local government scenarios, we help councillors understand not only their legal responsibilities, but also the important leadership role they play in creating safe, healthy and productive workplaces.
Whether your council is preparing newly elected members or refreshing existing governance practices, our training helps councillors understand their obligations, minimise organisational risk and contribute to a psychologically safe workplace.
If your council is seeing increased complaints, tense meetings or public criticism of staff, it’s a good time to step in early. Get in touch with our Employment Relations and Safety team and we can talk through councillor WHS training tailored to your council.