The purpose of this Circular is to inform councils and joint organisations of the recent decision by the Supreme Court in the matter of Cornish v Secretary, Department of Planning, Industry and Environment [2019] NSWSC 1134. The Court’s decision may be found here. The Supreme Court has held that, notwithstanding the penalties available to councils for code of conduct breaches by councillors under the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (the Procedures), the only disciplinary power available to councils under the Local Government Act 1993 for code of conduct breaches by councillors, is the power to formally censure conferred under section 440G.

Councils are reminded to inform the NSW Electoral Commissioner (NSWEC) if they have resolved for the NSWEC to administer a constitutional referendum or poll in conjunction with the 2020 local government elections.

Councils must review their ward boundaries and notify the NSW Electoral Commission (NSWEC) of any finalised changes to ward boundaries and/or names before 9 December 2019. Under section 211 of the Local Government Act 1993 councils that are divided into wards must keep ward boundaries under review to ensure the difference in elector numbers between wards does not exceed 10%. For information on how the variation is to be calculated, please consult the attachment to this Circular.

The Local Government Act 1993 was amended in August 2016 to require each council and joint organisation in NSW to appoint an audit, risk and improvement committee (ARIC). This requirement will take effect from March 2021 at the earliest. The Office of Local Government (OLG) has developed a draft internal audit and risk management framework to support and inform the operations of ARICs. The proposed framework is based on international standards and the experience of Australian and NSW Government public sector agencies who have already implemented risk management and internal audit but has been adapted to reflect the unique needs and structure of NSW councils and joint organisations.

Councils and joint organisations were required to adopt a code of conduct based on the Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct) and associated Procedures based on the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW(Procedures) by 14 June 2019.

The Calendar of Compliance and Reporting Requirements has been updated for the 2019-20 financial year.

The purpose of this Circular is to remind councils of the requirements of the Local Government Act 1993 (the Act) relating to the appointment and dismissal of senior staff other than the general manager.

The Local Government Amendment Act 2019 was assented to on 24 June 2019 and a number of provisions came into effect on 25 June 2019. Further changes have also come into effect, or will come into effect in future by proclamation.

In support of the prescription of the new Model Code of Conduct for Local Councils in NSW, the Office of Local Government (OLG) is developing template policies on social media use and councillor/staff interactions. The template policies will be designed to be policies that incorporate and reflect best practice in the sector using a “best of breed” approach to existing council policies.

The Government is releasing the final reports on three IPART reviews for feedback prior to developing final responses including: Review of the Local Government Rating System, Review of Reporting and Compliance Burdens on Local Government, and Review of Local Government Compliance and Enforcement. Councils are encouraged to provide feedback on the recommendations in each report by the relevant closing dates to further inform the Government’s response.