SBRC sale of Adermann Park

Dealings of South Burnett Regional Council (SBRC)
Sale of Part of Adermann Park

first published: 2015
amended: 6th November 2019

See SBRC's Black Strategy 2 for more information about SBRC's asset stripping activities.

How the deed was done

Despite considerable local community opposition to the sale of part of Kingaroy's Adermann Park to an adjoining school which wanted the land for expansion, SBRC (South Burnett Regional Council) supported the sale. The land had been donated by Sir Charles Adermann for the residents of Kingaroy to enjoy. The state government had become the actual owner of the donated land. SBRC had been acting as trustee of the land and had maintained it as a public park.

In a neat one-two move, the then-LNP-controlled state government decided that it would act on whatever would be the clearly predictable advice of SBRC, and so the land was consequently sold by the state government to the school in April 2013.

Allegations, complaints and suspicions

According to media reports, the conduct of the mayor and councillors was investigated by the "Regional Conduct Review Panel" who initially found that there was no wrongdoing by anybody. Deputy Mayor Campbell, who had a conflict of interest because he was a board member of the school that wished to grab the land, had properly declared his interest in the matter and had left the council meeting before discussion of the matter. The complaints against him that were dismissed, as described in media reports, had been for allegedly making misleading comments in a radio interview and for attending a community meeting regarding the sale of the land.

kingaroar.com asks the question "Has there ever been a council meeting of either the former WSC (Wondai Shire Council) or the present SBRC where a motion was defeated against the wishes of a councillor who had properly declared an interest?" If so, then please email details to kingaroar.com via the contact link at the bottom of this page.

See SBRC's Black Strategy 7 for more information about conflicts of interest at SBRC.

There had also been allegations on the internet suggesting that Councillor Tessmann had links with the church that owns the school, although he did not appear to hold any position within the church or school.

There are suspicions about the independence of the then-LNP-controlled state government's decisions. Deputy Mayor Campbell, Councillor Tessmann and Councillor Duff were members of the LNP.

Councillor Tessmann fined for misleading SBRC

Later, Councillor Damien Tessmann was fined $1,000 by the Regional Conduct Review Panel and was ordered to make an apology to Council for providing "misleading information to the South Burnett Regional Council at its meeting on 20 June 2012 and/or its meeting on 18 July 2012 regarding the support of the Adermann family to the sale of part of Adermann Park".

Another complaint against Councillor Tessmann alleging breach of trust was dismissed.

It was reported at length by local media outlets that Councillor Tessman believed that he had done nothing wrong and had been given no opportunity to defend himself against the allegation. Local media outlets do not seem to have spent much time reading the official report of the Regional Conduct Review Panel concerning the complaint.

The review panel's official report of the matter no longer appears to be available on the internet. A "Councillor Conduct Tribunal" appears to have now replaced the "Regional Conduct Review Panel". The reports of the current Councillor Conduct Tribunal, a division of Queensland's Department of Local Government, Racing and Multicultural Affairs, are available on the internet but go back in time for less than a year.

The Regional Conduct Review Panel assessed several complaints against SBRC councillors in 2012. It dismissed all complaints except one of the complaints against Councillor Tessmann. Kingaroar.com thinks that the panel was surprisingly lenient in its treatment of complaints related to the sale of Adermann Park.

It is interesting that one of the members of both the older and the newer panels was previously the Deputy Ombudsman. In 2002-2003 he dealt in person with some matters related to the Queensland Ombudsman's investigation of the former WSC (Wondai Shire Council) having awarded de facto building permits to two unapproved dwellings that did not have building permits. (details)

In the light of this previous history of whitewashing, kingaroar.com thinks that the leniency of the Regional Conduct Review Panel towards SBRC councillors is unfortunately not a surprise.

Kingaroar.com thinks that the aforementioned public servant's handling of the building permit matters was so strongly biased in favour of the dishonest actions of WSC that kingaroar.com can have no confidence in the ability of the current Councillor Conduct Tribunal to act in the public interest.

Some information about complaints against SBRC councillors can be found on SBRC's website at outcomes-of-complaints-against-councillors, but like most officially available information about complaints against local governments in Queensland, the information about complaints on SBRC's website is less than adequate for the public interest.

What's that you say, Ms Scipio?

Ms Scipio said (in 2015):-

An interesting insight into Councillor Tessmann's understanding of appropriate ways to deal with conflicts of interest can be found in a matter reported in the minutes of SBRC's meeting of 22nd January 2014. This matter related to an application for the subdivision of a lot and was unrelated to Adermann Park.

The minutes state: "Councillor Tessmann declared a perceived conflict of interest in the following matter as [named applicant] is a personal friend and is also on the board of the Rotary Club of which he is President, but would remain in the chamber as he believed he could consider the matter without this affecting his judgement."

Councillor Tessmann not only remained in the chamber to consider the matter but he also participated in the vote that was taken on the matter.

Isn't it reassuring to know that SBRC is in such professional hands?

The sale of desirable public land to associates of at least one councillor will probably have the result that no land will ever again be donated to residents of the South Burnett.

Note: Councillor Tessman ceased to be part of SBRC in 2016, when he was defeated in elections as a candidate for the office of Mayor.

What was the sale price?

Kingaroar has not been able to find any media article or official announcement where the sale price of part of Adermann Park is mentioned. If anybody has this information then please email it to kingaroar via the contact link at the bottom of this page.