A review report recommends massive changes to local government integrity measures in NSW. 

The state’s Minister for Local Government, Wendy Tuckerman, has released the independent review into councillor misconduct undertaken by former Logan City Council general manager Gary Kellar PSM.

It contains 49 recommendations aimed at improving the integrity, transparency and accountability of the state’s more than 1,200 councillors.

If taken up, they would be the biggest changes to local government integrity measures in more than 30 years.

Ms Tuckerman said it is clear from recent ICAC public inquiries and the number of council interventions that changes are needed to build community trust in local government.

“The people of NSW expect their elected representatives to uphold the highest standards of behaviour and anyone who breaches that trust should face the consequences,” Ms Tuckerman said.

“Mr Kellar’s recommendations include harsher penalties for councillor misconduct and ensures the framework for dealing with misconduct is more independent, effective and efficient.”

The local government minister said the recommendations in the report are the result of extensive consultation with the sector and align with broader integrity reforms agreed to by the Government following ICAC’s report on Operation Witney.

“While the Government acknowledges the outcomes recommended by Mr Kellar make a strong case for change, some of the reforms are significant and we will undertake some targeted consultation to better understand the potential impact on councils,” Ms Tuckerman said.

The Misconduct Review examined the framework for dealing with councillor misconduct, and the effectiveness of penalties available to councils, the Office of Local Government and the NSW Civil and Administrative Tribunal.

The 49 recommendations are extensive, but include:

  • A new, independent framework for dealing with councillor misconduct

  • The establishment of an independent Councillor Conduct Commission to oversee independent Councillor Conduct Review Panels

  • Mandatory councillor training, including pre-nomination training of candidates for election

  • Tougher penalties and sections to deal with misconduct, including the ability to impose monetary penalties on individuals

The full report is accessible here.

Local Government NSW (LGNSW) has welcomed the release of the review. 

“The overwhelming majority of councillors do the right thing, but in very rare instances of misconduct it is essential that we have an appropriate framework in place that can respond in an efficient and fair manner,” LGNSW president Darriea Turley said.

“LGNSW is of the view that anyone found guilty of misconduct in politics - whether it be federal, state or local government - should face the consequences. It is for this reason that we expect state and federal politicians to be bound by a similar framework to the one recommended by this review.”

The review includes a recommendation for mayors and meeting chairs to be given more powers to sanction councillors who are being disorderly during council meetings, while further training should be provided to councillors and those who stand in council elections around appropriate conduct and behaviour.

“Unfortunately, for too long we have had to contend with a resolution system that is undermined by lengthy delays and a lack of effective sanctions,” Cr Turley said.

“This failed system not only tarnished the reputation of local government in NSW but in some instances overshadowed the great work councils do for their communities.

“The recommendations outlined in this review will go a long way to rectifying the shortcomings when dealing with misconduct in local government and help ensure those found guilty of wrongdoing will face the appropriate penalty.”