Information about Councillor Misconduct

The community expects high standards of behaviour from council leaders and staff. These standards are outlined in the Model Code of Conduct, prescribed under the Local Government (General) Regulation 2021 (the Regulations). Every council is required to adopt and implement this code.

Most breaches of the code are managed by the councils themselves, with independent conduct reviewers responsible for investigating allegations and reporting their findings to council.

Misconduct under the Local Government Act 1993 includes where a councillor:

  • contravenes the Act or the Regulations,
  • fails to comply with an applicable requirement of a code of conduct,
  • fails to comply with an order issued by the Deputy Secretary, Local Government
  • commits an act of disorder at a meeting of the council or a committee of the council,
  • commits an act or omission intended by the councillor to prevent the proper or effective functioning of the council or a committee of the council.
  • fails to comply with their obligation to disclose and manage a conflict of interest arising from a political donation
  • fails to comply with the pecuniary interest obligations outlines in the Model Code of Conduct

The Office of Local Government has the authority to investigate code of conduct breaches. Councils are required to refer specific types of complaints to the Office for consideration. Additionally, councils may escalate cases of serious misconduct to the Office for consideration of stronger penalties after addressing them under the council’s own code of conduct.

The Deputy Secretary, Office of Local Government, may impose disciplinary action against a councillor for engaging in misconduct. Alternatively, the matter may be referred back to the council with recommendations for further action, or it may be determined that no action is necessary. The Deputy Secretary may also refer the more serious cases of councillor misconduct to the NSW Civil and Administrative Tribunal.

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