Complaint statistics for the July 2023 to June 2024 comparison against the July 2022 to June 2023 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 2023 to June 2024 NSW report
Below is a chart showing details of the complaints received by OLG about councils during the July 2023 to June 2024 period by subject.
OLG received 1242 complaints in 2023-24, compared to 1143 in 2022-23. These complaints were spread over 112 councils. The total number of complaints received this year represents an increase but is a consistent number against complaints received in previous years.
Councillor misconduct
Pecuniary interest
In 2023-24 OLG received 32 allegations concerning breaches of the pecuniary interest provisions outlined in Councils’ codes of conduct.
Of these, four allegations were referred to the OLG by third-party integrity agencies.
Other councillor misconduct complaints
In 2023-24 OLG received 40 complaints alleging misconduct (other than that relating to pecuniary interest matters) by councillors.
Of these, five allegations were referred to the OLG by third-party integrity agencies.
Three investigations were conducted under the misconduct provisions during the 2023-24 period.
- One investigation related to the alleged inappropriate actions and comments made by a councillor during council meetings and on social media.
- One investigation related to the alleged failure to manage a conflict of interest, disclosure of confidential information, and misuse of the councillor’s position.
- One investigation related to the alleged disclosure of confidential information on a public website.
Five misconduct matters were determined by the Deputy Secretary during the 2023-24 period. The outcomes of those matters were:
- In one matter, the Deputy Secretary found that a councillor had engaged in misconduct by failing to declare their interests in their written disclosure of interest returns. Due to the minor nature of the breach, it was determined that no further action was warranted. This outcome was supported by the Secretary.
- One matter resulted in the suspension of a councillor for a period of three months.
- One matter resulted in the suspension of a councillor for a period of one month and counselling.
- One matter was referred to the NSW Civil and Administrative Tribunal (NCAT).
- One matter was discontinued due to insufficient evidence to establish that the councillor had engaged in misconduct.
Political donation complaints
In 2023-24, OLG received 2 allegations of breaches of the political donation provisions of Councils’ codes of conduct.
In one matter, a review of the evidence determined that the complaint did not constitute a breach.
In the other matter, the complainant was advised to refer the matter to the NSW Electoral Commission, as it was deemed the more appropriate agency to address the complaint.
S430 Investigations
A s430 investigation into Upper Hunter Shire Council remained ongoing during the 2023-24 period.
In May 2024, a s430 investigation into Liverpool City Council was authorised.
No s430 investigations were completed during this period.
Reports on completed s430 investigations can be found on the OLG website at the following location: https://www.olg.nsw.gov.au/councils/misconduct-and-intervention/investigations/section-430-investigations/
Public inquiries
No public inquiries commenced during 2023-24.
Details of previous public inquiries can be found on the OLG website at the following location: https://www.olg.nsw.gov.au/public-inquiries