The new 2018 Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct) and Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (Procedures) have now been prescribed under the Local Government (General) Regulation 2005. The new prescribed Model Code of Conduct and Procedures are available on OLG’s website.

Amendments made to the Local Government Act 1993 (LGA) in August 2016 by the Local Government Amendment (Governance and Planning) Act 2016 (the Phase 1 amendments) provide for a model code of meeting practice (Model Meeting Code) to be prescribed by the Regulation.

Amendments made to the Local Government Act 1993 (the Act) by the Local Government Amendment (Governance and Planning) Act 2016 in August 2016 saw the inclusion in the prescribed role of councillors under section 232 a responsibility “to make all reasonable efforts to acquire and maintain the skills necessary to perform the role of a councillor”. In support of this, regulations have been made for induction and other professional development for mayors and councillors. The new requirements under the Local Government (General) Regulation 2005 are outlined in the attachment to this circular. These requirements do not apply to joint organisations.

Under section 296AA of the Local Government Act 1993 (the Act), councils must make a decision on how their September 2020 ordinary elections are to be administered no later than 11 March 2019.

The NSW Parliament recently passed amendments to the Government Information (Public Access) Act 2009 (GIPA Act). These changes came into effect on 28 November 2018 and will impact on how councils fulfil their obligations under the GIPA Act.The NSW Information and Privacy Commission (IPC) has issued guidance on the changes which can be accessed here. The IPC is also reviewing and updating its guidance material and fact sheets to reflect the amendments to the GIPA Act.

In the lead up to the March 2019 State election, councillors, council staff and other council officials need to be aware of their obligations under the Model Code of Conduct for Local Councils in NSW (the Model Code) in relation to the use of council resources.

The NSW Audit Office has undertaken a sector-wide performance audit of fraud controls in councils. Councils’ fraud controls were assessed against the Audit Office’s Fraud Control Improvement Kit.The resulting report, Fraud controls in local councils, found that there is significant variation between councils in the strength of their fraud control systems and that many councils have substantial room for improvement.

The new Model Code of Meeting Practice for Local Councils in NSW (the Model Meeting Code) has been finalised and will soon be prescribed by the Local Government (General) Regulation 2005.

Development applications received or made before 1 July 2010 (as well as associated documents and records of decision) are no longer open access information within the definition under the Government Information (Public Access) Act 2009 (GIPA Act) and the Regulation. The new GIPA Regulation was made on 31 August 2018. It repeals and relaces the previous Government Information (Public Access) Regulation 2009.

A key part of the new structure is the adoption of a new Incident Management Operating Model (IMOM). The IMOM is the structure supporting the operational command and control arrangements of the NSW SES. Under the IMOM, service delivery will be restructured from 17 regions to 5 zones with a ‘zone headquarters’ in each zone as well as staff located at other facilities across the state.