Circulars

What’s new or changing

• As a result of its investigation of the former Canterbury City Council, the Independent Commission Against Corruption (ICAC) recommended that the Department of Planning and Environment conduct a review into the “no fault” termination provision in the standard contract of employment for general managers.
• In response to ICAC’s recommendation, the Office of Local Government (OLG) has undertaken a review of the standard contract of employment for general managers in consultation with the parties to the Local Government (State) Award, (Local Government NSW, the United Services Union, the Development and Environmental Professionals’ Association and the Local Government Engineers Association of NSW).
• OLG is consulting with councils on the proposed amendments to the standard contract arising from that review before they are approved by the “departmental chief executive” under section 338 of the Local Government Act 1993 (the Act).

What this will mean for your council

• Under section 338 of the Act, general managers must be employed under performance-based contracts of terms between 12 months and 5 years based on a standard contract approved by the departmental chief executive of OLG.
• Once approved by the departmental chief executive, the amended standard contract will not alter existing employment contracts between councils and their general managers.
• However, where a council renews the employment contract of its general manager or appoints a new general manager, they must be employed under the approved standard contracts as amended.

Key points

• Submissions on the proposed amended standard contract may be made by email to olg@olg.nsw.gov.au.
• Submissions should be labelled ‘Standard Contract of Employment for General Managers’ and marked to the attention of OLG’s Council Governance Team.
• Submissions should be made before 14 June 2022.

Where to go for further information

• The proposed amended standard contract is available here. The proposed amendments are highlighted in the contract.
• Information about the proposed amendments to the standard contract is set out in the attachment to this circular.
• For further information please contact Doug Friend of OLG’s Council Governance Team on (02) 4428 4201 or by email at olg@olg.nsw.gov.au.