NSW council changes proposed
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The NSW Government has proposed reforms to curb councillor misconduct and boost transparency.
The state says it wants to simplify and improve a system widely seen as dysfunctional.
In a new discussion paper, the government outlines an overhaul to reduce the number of trivial complaints lodged under the current Model Code of Conduct, which has become an administrative burden for councils.
The existing system, which spans over 100 pages, has been criticised for its complexity and susceptibility to being “weaponised for political reasons”, according to NSW Local Government Minister Ron Hoenig.
In the last three years, more than 4,200 complaints were filed, forcing councils to divert resources from essential services to handle these disputes.
The new proposal suggests condensing the Code of Conduct to two or three pages, similar to the framework used for state parliamentarians.
The goal is to establish clear, concise behavioural expectations for the state's 1,300 councillors.
This approach is aimed at minimising political conflicts and freeing up council resources.
Minor breaches under the new system would be managed by a councillor's peers, while serious issues, such as conflicts of interest, would be escalated to the Office of Local Government (OLG) for investigation and prosecution.
The OLG would also have enhanced powers to investigate significant breaches, including issuing penalty infringement notices where necessary.
“The sheer volume of vexatious complaints being made is preventing the Office of Local Government from focusing its attention on getting crooks out of the local government sector,” Hoenig said.
“The options presented in this discussion paper put the onus back on addressing and resolving issues of councillor misbehaviour at a local level, rather than escalating complaints for the state government or private investigators to fix.”
Key changes outlined in the discussion paper include the formation of a local government privileges committee to address councillor misconduct and banning private councillor briefing sessions, except in limited cases.
In addition, the proposals would give mayors greater authority to expel councillors from meetings for acts of disorder, and remove councillors’ entitlements for a month if they are found guilty of such misconduct.
Community and sector feedback on the reforms is being sought, with submissions open until 15 November 2024.