Harassment Complaint

On 30 May 2023, Jacqueline sent a harassment complaint to Emma Thomas, the current CEO at the time of Sunshine Coast Council. Below is the complaint to Sunshine Coast Council and their response after their own internal investigation by the boss of the people mentioned in the complaint. Right at the bottom is Jacqueline’s response to the outcome of their investigation.

Jacqueline to Sunshine Coast Council (30 May 2023)

Please accept this email as a formal complaint that I request be fully investigated by someone other than DXXX.

It's disappointing to be writing this email but the situation that I find myself in with council has become so stressful it is affecting my mental health and that of people I'm trying to help and support.

This started with a neighbour making a complaint to council about shipping containers on my property in late 2021 or early 2022. Also around this time, I had been approached by a couple with a young family who had recently returned to Australia through the pandemic. The escalating housing crisis made it difficult for them to find suitable accommodation. They had purchased and converted a bus for themselves and their young family to live in. They offered to establish a vegetable garden on my property, in return for a place to park, which I agreed too. This triggered another complaint to council.

Four or five compliance officers visited my property in early 2022. As I was interstate for a while in 2022, I didn't meet all of them.

I was concerned with what was happening with council but had no idea how to handle it. A trusted friend gave me advice in the common law realm. I was a farmers wife for over 30 years, and for many of those years lived in far western NSW on a sheep station in an 'unincorporated area' with no requirements from council.

This was all happening around same time as the housing crisis in the Sunshine Coast Region became so desperate that I was getting calls weekly from people looking for somewhere to park their Tiny Home bus or van. For a few months I was getting two or three calls a week. Many years ago, my husband and I had been threatened with homelessness, with our four young sons, so I could understand the feelings of desperation that people were experiencing. I own acreage, and felt in a small way I could be a part of the solution. I have never advertised this at all, and I'm still getting calls nearly every week.

In my ignorance, at the time though, I honestly thought council would find a way to support people such as myself who were prepared to open up their properties and to assist those needing somewhere safe to park.

As far as I knew, Council was not offering any immediate solutions, or support to those threatened with homelessness, and in danger of living in tents or cars. At the time I heard council were routinely closing camping sites, rest stops and moving people on.

Around the middle of October 2022, I received another Show Cause Notice from council. (copy attached). I was shocked to see there was eight different issues listed. Prior to this I had received an email from PXXX which, while seeming conciliatory at first, also stated that should I invite council onto my property “any evidence gathered could potentially be used against me” , and also stated that council may “have to consider alternative evidence gathering methods, witness statements, evidence observations from the road reserve or aerial photography and a last resort only apply to the court to obtain a warrant to enter”, as if I was some kind of criminal! I felt completely overwhelmed, had no idea how to respond to the email from PXXX or the Show Cause notice. I eventually found someone who gave me a different perspective in dealing with council issues. I was advised due to the tone and nature of the email and Show Cause that I connect with Cn David Law. After speaking with Councillor Law, I was given the impression that DXXX would be reviewing the way the case had been handled by PXXX.

A meeting was requested by council to resolve the situation, and I responded by email early Monday 23 January. that I would contact them when I felt better to arrange a time. I admit by now I was suffering a lot of anxiety, which I have a history of, caused by council's hostile attitude. 

Approximately 11 am that morning my son rang me to tell me that two Compliance Officers from SCC, with a police officer and locksmith were at the front door of my home with a search warrant. I was in shock. While I was not home, I was close by to observe everything along with witnesses. This action broke me. I still feel the anxiety. It felt like assault.
The Compliance Officers, who didn't leave their names, the police officer and locksmith proceeded to open the shed and entered it. I believe one of the officers was taking photos on his phone. I felt this action was ludicrous, because the shed next to my house is clearly visible from the road. The tiny house construction was not a 'secret', the door to the shed was open most days. It was coincidence that it was closed that day. I felt shocked at, what to me, was an unnecessary punitive show of force by the council and made no sense. I had responded to council that morning and agreed to call DXXX to meet for the purpose of resolving the situation. Why do this? 

I called DXXX, even though I was extremely upset and could not stop shaking because I wanted to understand why council had chosen to act in such a violent and intrusive manner. DXXX was abrupt and unpleasant to speak with. I found his manner on the phone to be hostile and insulting, he told me bluntly that he didn't believe I wanted to resolve the situation and showed no compassion or interest in working with me. I felt he wanted to use everything at his disposal to make me compliant.
The decision by council and DXXX to use this intrusive and unnecessary action to intimidate and harass me into compliance is very disturbing. It has affected my peace of mind and created a lot of anxiety for myself and especially for those living on my property. We are now living with the constant fear of council instigating another intrusive action without notice. The mothers residing on my property are very concerned that this would negatively affect their young children.

I received another email from DXXX after the search warrant incident, asking that I attend a meeting at council in the next few days. I reached out to Cn Law and asked if he would be willing to attend with me. The meeting was early February, at Nambour Council chambers with DXXX, Councilor Law, myself and my son in attendance. While I had quite severe anxiety leading up to the meeting given DXXX previous attitude on the phone, I found him to be polite and civil at the meeting. It went far better than I had anticipated, and I felt quite positive about the outcome.

Issues from the Show Cause Notice were discussed and actions to rectify were agreed on. The people living on my land in their own homes, with nowhere else to go, was the issue of main concern to me. DXXX assured me that the council was aware that there was a housing crisis and “that council did not want to move anyone on”. The concern for council, he explained, was around safety. In particular having suitable grey water disposal systems and smoke alarms. He said that council would need to do an inspection to satisfy that concern. 

At the end of the meeting, I asked DXXX why he executed the search warrant when he had received my email that morning, which he confirmed. Cn Law also confirmed that he'd received a copy at around 9 am. DXXX initial response was that it was too late to stop it. I queried why he did not call them on their mobiles? My son challenged his reply and he then admitted that my son was correct and that he could have stopped it but he chose not to. His admission of his heavy-handed approach was unsettling and extremely concerning. He was not showing actions that indicated he wanted a peaceful resolution. I was not happy with his response, and in fact didn't really know how to respond to his admission, but in the interest of trying to work toward a resolution I thought it best at the time not to make a complaint. I thanked him for answering me and the meeting ended.

A few weeks later, I received a call from DXXX. The tone of this call was very different to the tone of the meeting where Cn Law was present. He said there had been another complaint. We had moved one of the tiny structures on the property to a different position, and I believe that may have triggered the complaint. I remember being very upset when DXXX accused me more than once, of not being 'open and honest' at the meeting at chambers. He then changed what was agreed to at that meeting, because he was now telling me only one tiny house could remain on my property and a permit had to be applied for. I remember stating there is still a housing crisis that hasn't changed! I told DXXX I did not recall any mention of the people of my property being required to get a permit. The conversation ended with more threats of inspections and enforcement action being taken. I was left feeling confused, harassed and bullied again. At this time, I was in the process of working through issues from the Show Cause Notice, have continued to do so. There is absolutely no point to meetings with Compliance Officers who say one thing, then completely change it. I had left the meeting at council chambers with a very different understanding of how we were moving forward than what was said on this call. This is people's lives that council is messing with. Council demands openness and honesty from residents, we have a right to expect the same in return.

I feel harassed, bullied and intimidated by this process with DXXX and PXXX. This has been going on for too long. It is affecting my mental health and peace of mind. I find myself not wanting check my emails or my letterbox, for fear of more hostility from council and following that call there has been more!

I want council to be aware that the people it MOST affects are those here who have their homes parked on my property. They need and I can provide somewhere safe to park their homes. Instead, they are living with the constant worry and anxiety of being ordered to vacate their own home and become homeless because of councils' militant attitude, when council has no solution to offer. Council it seems from my interactions with DXXX, and PXXX has a box to tick and will give no consideration to anything else. This is unacceptable. How does council have the right to make people who have a home, homeless?

In an effort to keep working toward a resolution, I recently had a conversation with SXXX, at her invitation. She mentioned that I might be able to explore options in the town plan as Relocatable Home Parks had been mentioned. SXXX thought there was a type of park whereby the rural zoning could be maintained. Until that conversation with SXXX, I was unaware that may be a possibility and wanted to explore that. SXXX had suggested discussing it with a town planner as she said it wasn't her area of expertise. But in the latest response from DXXX, he accused me of lying by not discussing this option in our face-to-face meeting at the beginning of the year. It was not possible then because I only became aware of it in my conversation with SXXX, which was long after that meeting with DXXX and Cr Law. Putting untruths into an email is intimidation and harassment. The tone of the letter feels like DXXX has a personal grudge and is not professional at all.

Going forward, I wish to make a formal complaint regarding the way this has been handled by council compliance officers. I would like to ask you to please not to contact DXXX or PXXX. I respectfully request a compliance officer with some compassion and decency that will not keep moving the goalpost, and/or misrepresenting my intentions, stated or unstated. Also, in answer to that same email Council is not permitted on my property to inspect anything, while we feel harassed and intimidated. My mental health, along with the residents in the ‘illegal’ homes, is paramount, and until we have someone reasonable with compassion handling this matter, permission to enter the property will not be given.

We are in a housing crisis, giving a deadline of 31 August for the ‘illegal’ homes, people with a roof over their head to leave, is criminal. Where do they go?????? Do they pack everything up, store it in the caravan or tiny home and then live in their cars? It seems that is a more acceptable outcome from council's perspective, as it is not illegal to live in your car.

I am committed to resolving this to ensure we have an acceptable outcome for me, the people I am helping and council. I look forward to participating in the next steps of the complaint process and having a decent, respectful conversation with a new compliance officer.

Jacqueline’s Additional Harassment Details (2 June 2023)

Thank you for your response to my email.

Further to the harassment complaint, I need to add further actions taken by the compliance officers. I have attached an email I received from DXXX dated Tuesday, May 30th, which again threatens further actions; he is threatening to use another warrant to enter my property. I can’t convey strongly enough the level of stress this is causing me and the people here.

The following day Wednesday 31 May I was working in my yard reorganising my shed now it has been vacated by the builder referred to in the Show Cause Notice. I saw and unmarked whit Toyota twin cab ute drive slowly pass my property and stop on the road past my house, in line with the boundary of the paddock that the bus referred to in the Show Cause Notice is situated. The vehicle remained parked there for some time, and then the occupant exited the vehicle and walked back past my house on the road. He appeared to have a Sunshine Coast Council logo on his shirt. He also carried what appeared to be a mobile phone in his hand that I was told from another witness that he was using to take photos of my property. He did not speak to me or identify himself. His presence was unsettling.

He then returned to his vehicle and drove back to the front of my property and parked across my driveway on the verge, in full view of me talking to another young mum here who was also concerned at the behaviour, and still did not identify himself.

The same vehicle, person and behaviour was witnessed on Monday, 19th September 2022, at 12.30 pm last year. The vehicle stopped at various positions along the road outside my property. No photos were taken at that time, but the license plate, make and model of the vehicle were recorded and is the same as this time. I believe the occupant of the vehicle is Sunshine Coast Council compliance officer PXXX. This is further evidence of the bullying and intimidation referred to in my complaint

I was recently told that Cr David Law made a request to SXXX at a council meeting that cases such as this be treated with compassion and respect. I have not experienced that at all. Today I watched one of the council meetings online Cn Joe Natoli was speaking to the impact on the homeless, and the people who have had to move into their cars and the significant risk they face. He mentioned that someone living in their car sadly had died and had not bee found for weeks. It’s exactly the reason that I have felt compelled to offer safe parking spaces for a few people in need.

Sunshine Coast Council’s Response (5 July 2023)

I refer to your email of 31 May 2023, addressed to Sunshine Coast Council’s Chief Executive Officer, Ms Emma Thomas, in relation to a complaint about Council’s officers that are undertaking the abovementioned investigation. This matter has been referred to me to provide a response as the Manager Development Services Branch.

I understand that you have concerns about the actions of Council’s Development Compliance Officer, Mr PXXX and Coordinator Appeals Management and Compliance, Mr DXXX, and how they have undertaken Council’s investigation.

On review of the actions taken by the officers, it is evident that the officers have sought to genuinely engage with you at all times. Council has a statutory responsibility to investigate all building and development compliance matters in accordance with the Local Government Act 2009. By not engaging with the respective Council officers and not providing access to inspect your property, this has only extended the time and number of times that Council officers have needed to make contact with you. It is also noted that you have refused to provide contact details for the person operating the tiny home manufacturing business. This could have alleviated the need for Council officers to contact you directly on this matter or enter your property under the warrant.

In relation to the decision by DXXX to continue with the warrant inspection, I have been advised that DXXX, Council officers and the Police were already on route to conduct the inspection by the time the email had been received and contact had been made with the officers in the field. The decision to continue with the inspection was on the basis that considerable Council resources had already been expended to this point and considering the past experience with seeking to engage with you, it was considered unlikely that you would consent to an inspection of your property. Based upon these facts, the decision by DXXX to continue with the inspection is a reasonable course of action, consistent with Council’s Compliance and Enforcement Policy, to only resort to enforcement actions where attempts at seeking self compliance have failed.

Your complaint alleges that DXXX during a conversation on 23 January 2023 was, ‘abrupt and unpleasant to talk with. I found his manner on the phone to be hostile and insulting…’. I have listened to the voice recording of this conversation and cannot substantiate your claims. DXXX was both polite and professional in his conversation with you.

In relation to the further phone conversation you had with DXXX on 15 March 2023 and a meeting with Cr Law and DXXX at the Nambour Council Office, it is apparent that an agreed approach to resolving the compliance issues was derailed due to further unlawful development occurring on your property (an additional 3 tiny homes). I would agree with the view of DXXX that if you had intended to move additional tiny homes onto your property that this would have been disclosed at this meeting. On balance of the facts it appears that you chose to withhold this information.

I note your concerns about the behaviour of Council officers however the information and evidence I have reviewed demonstrates that the Council officers followed the correct legislative processes for this compliance matter. I hope that I have been able to clarify Council’s position on this matter.

In regard to your request to have your compliance matter referred to another Development Compliance Officer, JXXX as the Acting Coordinator Appeals Management and Compliance will be your direct contact in relation to your compliance matter.

If you are dissatisfied with this response, you can lodge a request for an internal review under Council’s Administrative Actions Complaints Process by emailing Integrity@sunshinecoast.qld.gov.au.

Jacqueline’s Thoughts to the Outcome of the Investigation

To say I was disappointed with the outcome of the harassment complaint is an understatement. On reflection, though,  it seems evident that council investigating itself has the potential to be problematic. What’s needed is an independent body. 

First I will point out the more obvious erroneous claim in this response. I did in fact engage with all level’s of council , including council officers , in many emails phone calls & meetings, over the three years since the first neighbour complaint was made.

In this response I was again accused of ‘something’ that apparently justified council actions. This time it was not providing contact details for the builder using my shed. A complete misrepresentation of the truth. Dxxxx asked for the contact for the builder, at the meeting in Nambour council chambers, but at that time I didn't perceive it to be an ‘official’ request, and said that I didn’t believe the builder would want to speak to him. ( and I didn’t see the reason for it, its my property nothing to do with the builder). DXXX had not, its seems, reviewed my file properly or as I recall, he would have found that council officers had contacted the builder on two  occasions long before this meeting, and had a conversation with a compliance officer at least one of those times. 

The reviewer also claimed that even thought DXXX had received my email response before the warrant to enter was executed, there was no time to call them back. This was in fact a direct contradiction to what DXXX admitted in the meeting at Nambour.  Initially, he said it was too late but when challenged by my son, he admitted my son was right he could have called them on their mobiles but chose not too. It was in my opinion purely to intimidate and harass me.

As to the assertion that they would not have had to enter my property under warrant if they had the builders contact information, that seems very contradictory. What effect the contact information had on the warrant was never explained to me.

To give some context, my shed is only about 20 metres from the road and it was clearly visible from the verge that a tiny home being built in it. Council did not have to execute a warrant to ‘see’ this, regardless of what they claim.

My opinion is that they did this to intimidate me.  Council did/have not shown me anything in writing, verbally or actions, that suggested a willingness to address the housing crisis, which I was advocating for in every correspondence and meeting. Council seemed to me, to be determined to deflect from that very real issue by continuing to bully and harass me.

Further more the reviewer claims I did not feel how I felt. I  find it extraordinary that someone can listen to a recording of a conversation and decide that how I felt on the receiving end of that call was invalid. She states that DXXX was in fact ‘polite and professional’.  I felt intimidated and that he was hostile, and very rudely stated he did not believe what I said. This particular compliance officer I felt, as I stated in my complaint, had developed a personal grudge against me, and acted unprofessionally.

In the response, I’m again accused of something else,  this time, ‘withholding’ information, with the reviewer stating ‘on balance of the facts it appears that you chose to withhold this information’. The ‘facts’ apparently being that I had moved more tiny houses onto my property since the meeting in Nambour chambers. This is actually not a fact at all. 

The TRUTH is, I moved one of the tiny houses that was ALREADY ON MY PROPERTY to a different location on the property. I did NOT move anymore tiny homes onto my property.  It was arbitrarily decided on the say so of the compliance officer, that I was lying. I was not.