Information about Councillor Misconduct

The standards of behaviour that the community expects of persons both in leadership positions and who are working for councils are set out in a comprehensive Model Code of Conduct prescribed by the Local Government (General) Regulation 2005. All councils are required to adopt and apply the Model Code of Conduct.

Most code of conduct breaches are dealt with by councils. The council’s own independent conduct reviewer is generally responsible for making enquiries into allegations of breaches of the council’s code of conduct and reporting its findings to council. Councils may vary the minimum requirements in the Model Code of Conduct, provided that the varied provisions are not inconsistent with the Model Code.

The Act defines the type of acts or omissions that amount to misconduct. Such acts or omissions include:

  • a contravention by the councillor of the Local Government Act 1993 or the regulations,
  • a failure by the councillor to comply with an applicable requirement of a code of conduct,
  • a failure by a councillor to comply with an order issued by the Deputy Secretary, Local Government, Planning and Policy,
  • an act of disorder committed by the councillor at a meeting of the council or a committee of the council,
  • an act or omission of the councillor intended by the councillor to prevent the proper or effective functioning of the council or a committee of the council.

Misconduct also includes allegations where a councillor has failed to comply with his or her obligation to disclose and manage a conflict of interest arising from a political donation and allegations of a failure to comply with the pecuniary interest obligations provided for in the Model Code of Conduct.

The misconduct provisions of the Local Government Act 1993 also allow the Office of Local Government to investigate code of conduct breaches. Councils must refer complaints about some types of breaches to the Office for action. Councils may also refer serious misconduct to the Office for a stronger penalty after it has been dealt with under the council’s code of conduct.

The Deputy Secretary, Local Government, Planning and Policy may, following consideration of a departmental report, take disciplinary action against a councillor for misconduct. The disciplinary actions available to the Deputy Secretary, Local Government, Planning and Policy are:

  • counsel the councillor,
  • reprimand the councillor,
  • by order, direct the councillor to cease engaging in the misconduct,
  • by order, direct the councillor to apologise for the misconduct in the manner specified in the order,
  • by order, direct the councillor to undertake training,
  • by order, direct the councillor to participate in mediation,
  • by order, suspend the councillor from civic office for a period not exceeding three (3) months,

by order, suspend the councillor’s right to be paid any fee or other remuneration to which the councillor would otherwise be entitled as the holder of the civic office, in respect of a period not exceeding three (3) months (without suspending the councillor from civic office for that period).

Alternatively, a matter may be referred back to the council with recommendations as to how the council might otherwise deal with the matter or no action may be warranted. The Deputy Secretary, Local Government, Planning and Policy may refer the more serious cases of councillor misconduct to the NSW Civil and Administrative Tribunal. The Tribunal has the power to:

  • counsel the councillor, or
  • reprimand the councillor, or
  • suspend a councillor from civic office for a period not exceeding 6 months, or
  • disqualify the councillor from holding civic office for a period not exceeding five (5) years, or
  • suspend a councillor’s right to be paid any fee or remuneration to which the councillor would otherwise be entitled for a period not exceeding 6 months, without actually suspending the councillor from civic office.

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