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Overhaul of councillor code of conduct recommended

Western Plains App

River McCrossen

09 September 2024, 9:20 PM

Overhaul of councillor code of conduct recommendedThe NSW Government proposes new rules for how local councillors must behave and how any breaches are investigated. PHOTO: River McCrossen

Local government councillors would be subject to the same public disclosure rules as NSW parliamentarians under code of conduct changes proposed by the Government.

 

The proposed changes would also largely ban private council staff briefings to councillors, remove private investigators from council conduct processes.


In a separate move, the changes suggest 'local government privileges committees' should be established to assess behaviour complaints.

 

Submissions are open until close of business on Friday 15 November for a discussion paper outlining the NSW Government proposals aimed at making local government more transparent. 


 

The proposal would simplify the Model Code of Conduct and cut it down from over 100 pages to up to three. 

 

The report said the current system allows too many "vexatious" and "political" complaints to clog the pipeline. 

 

“It is too open to weaponization, with tit-for-tat complaints diverting critical council resources and ratepayer money from the things that matter most to communities," Minister for Local Government Ron Hoenig said.

 

“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.

 

“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.

 

“It also puts forward options to strengthen the role of the Office of Local Government as the sector regulator, including expanded investigation powers for serious conflict of interest breaches and the ability to issue penalty infringement notices."


Narromine's mayor says he welcomes a cut down code of conduct. PHOTO: River McCrossen


According to the report, there were 4289 code of conduct complaints lodged with the Office of Government (OLG) over three years between 2020 and 2023.

 

Of those, 420 were referred for preliminary enquiries and then discontinued.

 

One hundred and two were investigated as potential misconduct, while 36 related to public interest disclosures and two to political donations.


 

Narromine mayor Craig Davies said the current code of conduct can be difficult for new councillors to wrap their head around.


"Simplification of the rules and regulations as they relate to code of conduct would be most welcome right throughout local government," Cr Davies said.

 

The paper also proposes that public interest disclosure requirements align with those expected of NSW members of parliament.

 

That includes revealing sources of income over $500 outside the office salary, shares in corporations, positions in unions and business organisations and interests in property.

 

It also proposed public interest disclosures by councillors be "similarly extended" to interests from relatives, partners, employers and companies the councillor is a member or shareholder of.

 

Cr Davies welcomed tighter disclosure rules. "There's needs to be better transparency.

 

"I also believe the onus of councillors to declare conflicts of interest should be stronger."

 

Local Government NSW President Darriea Turley encouraged local councils to make a submission on the proposed changes.

 

“This issue has been the subject of long conversation for councils and the eventual framework will be a cornerstone in maintaining integrity, transparency and trust in local government across the state and this next step in the consultation process is very much welcomed by the sector,” Cr Turley said.