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FACT SHEET
Local Government Amendment (Code of Conduct) Bill 2015
The Local Government Amendment (Code of Conduct) Bill 2015 proposes a number of
amendments to the Local Government Act 1993 (the Act) to:
provide a strengthened and streamlined councillor code of conduct framework;
make it optional for a council to convene an Annual General Meeting (AGM);
reduce red-tape associated with the requirements of a council to publish newspaper
notices relating to AGMs and impounded animals;
provide clarity regarding a general manager providing a councillor with private and
confidential information relating to a person, in respect of a document that is relevant
to an agenda item of a council meeting;
provide the Director of Local Government (the Director) with the express power to
reject a complaint under the Act if it is considered frivolous or vexatious; and
restrict the eligibility criteria for nominating as a councillor to persons who have their
principal place of residence in Tasmania.
1 Councillor code of conduct
The Bill inserts a new Division 3A within Part 3 of the Act to provide new provisions relating to
code of conduct complaints.
(i) Code of Conduct Panel
The new code of conduct framework replaces the 29 separate council code of conduct
panels, and the Local Government Association of Tasmania (LGAT)’s Standards Panel,
with a single and independent statewide code of conduct panel.
The Code of Conduct Panel is constituted by three members derived from the pool of
members appointed by the Minister responsible for local government. One member is
an Australian lawyer and the remaining two members are persons with experience in
local government. An Executive Officer is appointed by the Department of Premier and
Cabinet (DPAC) to undertake the administrative functions of the Panel. The
chairperson of the Panel will be a member with experience in local government.
The relevant council to the complaint is responsible for payment of the remuneration
and allowances of the Panel members and executive officer.
(ii) Model code of conduct
A council adopts a model code of conduct which prescribes the standard of behaviour
that councillors are required to meet when performing their role. The model code is
made by Order of the Minister and a council may supplement or amend the model
code of conduct within the confines of the model code and the Act. A council is to
review its code of conduct within three months after each ordinary election.
(iii) Making a code of conduct complaint
A person may make a code of conduct complaint against a councillor within 90 days
after the councillor has allegedly committed the contravention.
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A code of conduct complaint is referred to the Code of Conduct Panel if it is against
less than half of all councillors of the council, or to the Director if it is against half or
more of the councillors of the council.
(iv) Assessment and investigation of complaint
On receiving a code of conduct complaint, the chairperson of the Code of Conduct
Panel decides whether to accept, dismiss or refer the complaint to another
person/authority. If the code of conduct complaint is dismissed because it is frivolous or
vexatious, the chairperson may direct the complainant not to make a further complaint
in relation to the same matter, unless the complainant provides substantive new
information.
The Code of Conduct Panel investigates and determines a code of conduct complaint
with as little formality and as expeditiously as possible, and makes every endeavour to
meet the prescribed timeframes. The Panel is provided with flexibility in hearing and
determining complaints, but must observe the rules of natural justice.
(v) Determination of complaint and sanctions
After completing its investigation, the Code of Conduct Panel determines whether to
uphold the complaint, dismiss the complaint or uphold part of the complaint and
dismiss the remainder of the complaint.
If a complaint is upheld, the Panel may impose one or more of the prescribed sanctions
on the councillor against whom the complaint is made. The Bill provides a new sanction
to suspend a councillor for a maximum period of one month without allowances. This
new sanction is in addition to the sanctions of cautioning or reprimanding a councillor,
or requiring them to apologise to a person or attend counselling or a training course.
(vi) Offence
If a councillor fails to comply with a sanction imposed by the Code of Conduct Panel
that requires them to apologise to a person or attend counselling or a training course,
the matter is referred to the Director and that councillor may face a penalty of a fine
not exceeding 50 penalty units.
(vii) Costs
The complainant and the respondent councillor bear their own costs relating to the
investigation and determination of a code of conduct complaint.
(viii) Refund of fees
A council refunds a code of conduct lodgement fee under prescribed circumstances,
including when the complaint is referred to the Director or another person/authority,
the complaint is withdrawn by the complainant, or the complaint is upheld by the Panel.
(ix) Review of Code of Conduct Panel decision
The Bill provides an appeal right from a Code of Conduct Panel determination to the
Magistrates Court (Administrative Appeals Division) on the basis that the Panel failed to
comply with the rules of natural justice.
(x) Publicly reporting code of conduct complaints in annual report
The Bill amends subsection 72(1) of the Act to require a council to report in its annual
report the number of code of conduct complaints that were upheld by the Code of
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Conduct Panel during the preceding financial year and the total costs met by the council
during the preceding financial year in respect to all code of conduct complaints.
(xi) Councillor allowances
The Bill amends section 340A of the Act to provide that councillors who have had the
sanction of suspension imposed on them by the Code of Conduct Panel are not
entitled to receive allowances for the period of the suspension.
(xii) Immunity from liability
The Bill amends section 341 of the Act to replace the reference to the previous Code
of Conduct Panel/Standards Panel with the Executive Officer and Code of Conduct
Panel, in relation to immunity from liability for an honest act or omission done or made
in the exercise or performance of a function under the Act or any other Act.
(xiii) Membership of Code of Conduct Panel
The Bill inserts a new Schedule 2A to provide the requirements for membership of the
Code of Conduct Panel. This includes terms of office, holding other office (including the
office of a State Service Officer or a State Service employee) and vacation of office.
(xiv) Vacation of office of councillor
The Bill amends Schedule 5 of the Act to provide that the office of councillor becomes
vacant if a councillor breaches a code of conduct three times for which the suspension
sanction is invoked, during the councillors current term of office.
(xv) Transitional provisions
The Bill provides the transitional provisions consequent on the Local Government
Amendment (Code of Conduct) Act 2015. This includes how a council is to handle code
of conduct complaints that have commenced under the previous Act, and the
continuation and termination of membership of the previous Code of Conduct Panel
and the Standards Panel.
2 Council Annual General Meeting
The Bill amends section 72B of the Act to allow a council to determine whether or not to hold
an AGM. If a council determines to hold an Annual General Meeting (AGM), a council is to
hold it on a date no later than 15 December each year.
The Bill amends section 72(3) of the Act to provide that submissions received by a council on
its annual report are to be considered at the council’s AGM or if the council has decided not to
hold an AGM, at the next practicable ordinary meeting of the council.
3 Council newspaper notification requirements
The Bill amends section 72B of the Act to provide that a council is only required to publish one
newspaper notice regarding an AGM, instead of two notices as is currently required.
The Bill amends Division 5 within Part 12 of the Act to provide that a council is only required
to publish one newspaper notice regarding an impounded animal, instead of two notices as is
currently required. The single newspaper notice is to contain all relevant information in relation
to the impounded animal, as specified under the Act.
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4 Disclosure of information
The Bill amends section 28D of the Act to provide a specific dispute resolution process
regarding the relevance of documents relating to an agenda item of a council meeting. The new
process provides that, in respect to a document relating to an agenda item of a council
meeting, a general manager may withhold from a relevant document private and confidential
information relating to a person, if that private and confidential information is not relevant to
the agenda item. If a general manager refuses to provide a document (either in whole or part)
on the basis that he or she considers that it is not relevant to an agenda item, the councillor
requesting the document may seek a decision of the council regarding the document and the
general manager is to comply with the council decision.
The Bill amends section 338A (Disclosure of information) of the Act to exclude the application
of the offence provisions relating to disclosure of information from any other disclosure of
information requirement under the Act or any other law.
5 Complaints against non-compliance or offence
Without limiting the ability of the Director to determine the procedure for handling and
investigating complaints made under the Act, the Bill amends section 339E of the Act to
provide the Director with the express power to dismiss a complaint if he or she considers that
the complaint is frivolous or vexatious.
6 Eligibility for nomination as councillor
The Bill amends section 270 of the Act to restrict the eligibility criteria for nominating as a
councillor to persons who have their principal place of residence in Tasmania. The Bill also
amends section 315 of the Act to provide that it is an offence to make a false or misleading
statement in relation to making a notice of nomination as a candidate for the office of
councillor.
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