Burnett Shire Council v Galley

The Burnett Shire Council brought an action against Heather Jeanette Galley to determine whether she was qualified to become a councillor of the Burnett Shire local government area. The council claimed that Galley did not meet the residential qualification under section 220(1) of the Local Government Act 1993, as she maintained two places of residence. The case was heard in the Queensland Civil and Administrative Tribunal (QCAT).

The primary issue was the interpretation of the term "lives" under the Act. The council argued that Galley was not qualified because she had two places of residence, one in Gayndah and another in Childers. Galley argued that she only intended to maintain a place of residence in Gayndah, where she had been living for many years, and that her presence in Childers was temporary and for work purposes only.

The Tribunal found that Galley did have two places of residence and that the term "lives" in section 220(1) of the Local Government Act 1993 meant that a person must have only one place of residence to be qualified to become a councillor. The Tribunal considered the ordinary meaning of the word "lives" and found that it did not support Galley’s argument that she only intended to maintain a place of residence in Gayndah. The Tribunal also considered evidence of Galley’s presence in Childers and found that it was not merely temporary or for work purposes only.

The Tribunal ordered that as of the 25th day of March 2000, Galley was not qualified to become a councillor of the local government area for Burnett Shire.