Governance

17-11 – Council decision-making prior to the September 2017 local government elections

Clause 393B of the Local Government (General) Regulation 2005 limits councils’ ability to exercise some of their functions in the four weeks preceding the date of a local government election (the caretaker period).

17-12 – “Electoral matter” and use of council resources prior to local government elections

Council officials (including Administrators) must not use council resources, property (including intellectual property), and facilities for the purposes of assisting their election campaign or the election campaign of others unless the use is lawfully authorised and proper payment is made where appropriate.

17-13 – Preparation of non-residential rolls

The Local Government Act 1993 (the Act) requires council general managers to prepare and confirm the rolls of non-resident owners, occupiers and ratepaying lessees of rateable land in the council’s area (the non-residential rolls).

17-08 – 2017/18 Determination of the Local Government Remuneration Tribunal

The Local Government Remuneration Tribunal (the Tribunal) has determined an increase of 2.5% to mayoral and councillor fees for the 2017/18 financial year, with effect from 1 July 2017.

17-06 – Commencement of Phase 1 Amendments – An Overview

The Office of Local Government has received questions about the commencement dates of amendments to the Local Government Act 1993 made by the Local Government Amendment (Governance and Planning) Act 2016 (the Phase 1 Amendments).

16-52 – Induction and Ongoing Professional Development for Mayors and Councillors

The recent Phase 1 amendments to the Local Government Act 1993 (the Act) have seen 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, the amendments allow regulations to be made for induction and other professional development for Mayors and Councillors.

16-49 – Fit for the Future Improvement Plans and Integrated Planning and Reporting

In 2015, all councils prepared an Improvement Plan to demonstrate how they would become Fit for the Future. As councils undertake the next cycle of Integrated Planning and Reporting, it is important that the strategies and actions identified in the Improvement Plans are reflected in the new Delivery Program and Resourcing Strategy. Councils are reminded that the Office of Local Government will monitor councils’ performance against the Fit for the Future benchmarks over time.

16-46 – Development of a Model Code of Meeting Practice for Local Councils in NSW

The recent amendments to the Local Government Act 1993 (the Act) provide for a model code of meeting practice (model meeting code) to be prescribed by regulation. Work on developing the model meeting code has now commenced. The code will contain both mandatory and non-mandatory provisions. Once the model meeting code is finalised, and prescribed by regulation, councils will be required to adopt a code of meeting practice that incorporates its mandatory provisions. Councils’ codes of meeting practice must not contain provisions that are inconsistent with the mandatory provisions of the model meeting code.

16-44 – Election Timing and Cycle of Council Elections

The NSW Government is seeking to clarify the timing of electoral cycles given the ‘pending’ status of a number of merger proposals as a consequence of legal action taken by councils covered by these proposals. The information provided in this circular is based on advice received from the NSW Electoral Commissioner.

16-42 – Review of the Model Code of Conduct and Procedures for the Administration of the Model Code of Conduct

The recent amendments to the Local Government Act 1993 (the Act) will see the pecuniary interest provisions of the Act and the Local Government (General) Regulation 2005 incorporated into the Model Code of Conduct for Local Councils in NSW (the Model Code).