Toland facing an ECQ probe
Former candidate for mayor referred to Electoral Commission for ‘consideration of any prosecution’ over CFMEU donation
FORMER candidate for mayor of the Gold Coast Penny Toland is facing possible sanction by the Electoral Commission of Queensland.
Ms Toland (pictured) was referred to the ECQ by the Crime and Corruption Commission, which yesterday issued its report into last year’s local election campaign.
The referral came because the CCC found Ms Toland’s evidence about a union donation “does not seem credible.”
Despite its investigation finding minor technical breaches of electoral rules the CCC did not recommend taking action against Mayor Tom Tate, Councillor Kristyn Boulton and candidate Felicity Stevenson.
FORMER Gold Coast mayoral candidate Penny Toland could face sanction after the Crime and Corruption Commission concluded her evidence about union donations “does not seem credible”.
But despite its investigation finding minor technical breaches of electoral rules the CCC did not recommend taking action against three other witnesses – Mayor Tom Tate, Councillor Kristyn Boulton and candidate Felicity Stevenson.
The CCC report on Operation Belcarra was tabled in State Parliament yesterday with a key recommendation calling for a parliamentary review to investigate a cap being placed on council election donations.
The inquiry was launched after the Gold Coast Bulletin published about 60 reports in three months which revealed an LNP bloc operated during last year’s council election campaign.
The CCC has referred a dispute about Ms Toland’s disclosure return to the Electoral Commission of Queensland for “consideration of any prosecution proceedings” regarding potential offences under the Local Government Electoral Act.
“Some matters remain under investigation,” the report said. Ms Toland rejects the findings.
Under existing laws, candidates in a local government election face maximum penalties of fines of $12,190, or being forced to pay the value of the donation to the State Government if a court finds they have made wilfully misleading statements in their return.
The CFMEU supported Ms Toland – a former Labor candidate who ran as an independent in the mayoral poll – providing more than $38,000, which included T-shirts and bus advertising.
Two union heavyweights, Michael Ravbar and Andrew Sutherland, gave evidence that candidates were consulted before support was provided.
A disclosure return for Ms Toland did not include any donations or gifts provided by the CFMEU, and in her evidence she indicated that she only needed to “disclose things that were gifted in kind or donated financially” to her.
She said any help from the CFMEU had not been discussed with her or approval sought, and she only found out about the bus advertising later.
“Based on the evidence, Ms Toland’s evidence that she was unaware of expenditure and activities the CFMEU was conducting on her behalf does not seem credible,” the CCC report said.
“Irrespective of whether or not she was aware during her campaign, it is clear that Ms Toland was made aware of the donations either at the same time as she had submitted her disclosure return, or shortly after.”
Cr Tate yesterday launched a scathing attack on Ms Toland, who he branded “puppet Penny”.
“She is the puppet for the CFMEU in taking that kind of donation and not telling the public about it,” he said.
“It is rightful that she be referred and it is ironic that she has been a loud voice saying something is wrong, but she was the one who breached it the most of anyone in the state.”
Cr Tate welcomed changes proposed in the report – which calls for a ban on developer donations to candidates – and urged a similar ban on donations from unions to create a “level playing field”.
Lawyer Chris Nyst, in a submission on behalf of Ms Toland, said the CCC had relied on assumptions made by the union leaders rather than direct evidence given by his client.
“In our respectful submission, that is a flawed process of deduction, particularly where an assertion of wrongdoing is concerned, and it should not be permitted to disparage Ms Toland’s good name and reputation, as it undoubtedly will if published in the manner proposed,” he wrote.
While the CCC found evidence that other candidates including Mayor Tate, Councillor Kristyn Boulton and Felicity Stevenson had not complied strictly to electoral rules, there was no recommendation to take further action.
The CCC found the Mayor had a dedicated account for his campaign but paid campaign expenses from multiple personal accounts.
Cr Tate in his evidence indicated he had taken the view that moving money from his personal accounts into a mayoral account “did not serve any additional transparency”.
“However, Cr Tate acknowledged at the public hearing he should have operated a dedicated account, even though he received no donations from third parties and his campaign was entirely selffunded,” the report said.
The CCC determined there was sufficient evidence to refer the matter to the ECQ to consider any prosecution.
“However, given the systemic nature of this issue, the CCC determined to take no further action,” the report said.
The CCC investigation confirmed both councillor Boulton and Ms Stevenson, who had worked at various stages in Fadden MP Stuart Robert’s office, received $30,000 each from the LNP.
But there was no evidence to suggest they had formed a group to promote each other’s election.
The CCC found Cr Boulton should have submitted on her disclosure return that the LNP rather than the Fadden Forum, a fundraising and networking group operated by Mr Robert, was the source of the funding.
After Cr Boulton lodged an amended disclosure return, the CCC determined it was not in the public interest to take further action.
Given Ms Stevenson took similar steps, it also decided not to take action.