Qld seeks 'urgent' advice over councillor murder charge

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Queensland's deputy premier has sought urgent legal advice as he considers an unprecedented conundrum: the political future of a city councillor charged with murder.

Ryan Bayldon-Lumsden, 30, made history when he won his home division of Parkwood at the Gold Coast City Council elections in 2020.

This week, the city's youngest-ever councillor won notoriety after another dubious first - the first serving councillor in the state's history, perhaps the country, to face the criminal charge of murder.

Police allege Bayldon-Lumsden killed his stepfather - Robert Malcolm Lumsden, 58, during a disturbance at the family's Gold Coast home on Wednesday.

Bayldon-Lumsden has denied the charge, formally entering a plea of not guilty amid claims of a tortured home life of domestic abuse. 

The councillor remains behind bars as his legal team prepares to argue for his immediate release on bail to be heard in Queensland's Supreme Court.

In the meantime, the fight for his political future has also begun.

The charge is unprecedented - there is literally nothing written state's local government act to dictate the course of action if a councillor faces the most serious of criminal charges.

Deputy Premier Steven Miles, who is also local government minister, has requested an urgent briefing from Crown Law.

"I've sought advice from my department about what appropriate next steps are in this case," Mr Miles said on Friday.

"Obviously, everyone is innocent until proven guilty - that's an important principle of law that we need to consider.

"But we also need to take into account the needs of the constituents in that division." 

According to the Local Government Act, the decision hinges on whether Bayldon-Lumsden is capable of performing his responsibilities as a councillor.

"(Murder) is not one of the offences that is listed in the act as triggering automatic disqualification," Mr Miles said.

However, if unable to conduct his duties, then there are sections of the act that apply.

"There are different possible outcomes and actions depending on whether he's held in custody, whether he's released on bail.

"There's a full range of options from him to take leave to suspension with pay, suspension without pay through to disqualification."

Another factor will be if retaining his council role is in the public interest. 

"I have initial advice ... but from here, it largely depends on what happens with the court process," the deputy premier said.

Ultimately, the deputy premier's final decision will rely on the "urgent" legal response - currently expected to be delivered in days, if not weeks.