Complaint statistics for the July 2022 to June 2023 comparison against the July 2021 to June 2022 period.
It is important to note that the number of complaints is not an accurate indicator of the seriousness of the matters raised, nor does it accurately reflect matters where the council or individual councillors may be the subject of campaigns, usually about a single controversial issue.
Where there is no evidence of serious misconduct or maladministration on the council’s part and the issues relate more to concerns about the merits of a particular decision, the Office of Local Government (OLG) generally will not investigate such issues provided the council’s decision is lawful and proper processes are followed.
The Local Government Act 1993 allows councils a significant degree of autonomy in their day-to-day activities. Under the legislation, neither the Minister for Local Government nor OLG has the power to intervene in the day-to-day operations of councils.
July 2022 to June 2023 NSW report
Below is a chart showing details of the complaints received by OLG about councils during the July 2022 to June 2023 period by subject.
OLG received 1143 complaints in 2022-23, compared to 1396 in 2021-22. These complaints were spread over 117 councils. The total number of complaints received this year represents a decrease but is a consistent number against complaints received in previous years.
Councillor misconduct
Pecuniary interest
In 2022-23 OLG received 34 allegations of breaches of the pecuniary interest provisions of Councils’ codes of conduct. There was one formal investigation of a pecuniary interest matter commenced in this period.
Other councillor misconduct complaints
In 2022-23 OLG received 23 complaints alleging misconduct (other than that relating to pecuniary interest matters) by councillors.
Five investigations were commenced under the misconduct provisions during the 2022-23 period.
Six misconduct matters were determined by the Deputy Secretary during the 2022-23 period. Of those matters determined:
- Three matters were referred to the NSW Civil and Administrative Tribunal (NCAT):
- In two matters the Deputy Secretary was satisfied that one councillor had engaged in misconduct by failing to comply with their council’s code of conduct at a council meeting by making intimidating and personals remarks.
- The third matter was referred to the NCAT because the councillor made threatening contact with a Council official and attempted to impede the consideration of a matter by Council.
- Two matters were discontinued following the issuance to Council of a Performance Improvement Order by the Minster and resignation of councillors.
- One matter was discontinued because it was determined that there was insufficient evidence available to establish that the councillor was acting in their official capacity as a councillor.
Political donation complaints
No complaints alleging a breach of the political donation provisions were received in this period.
S430 Investigations
The Section 430 investigation into Murray River Council was completed in November 2022 and the report was tabled in the NSW Parliament that same month.