Independent review to examine penalties for councillors breaching code of conduct

Minister for Local Government, Shelley Hancock

The NSW Government has commissioned a review of the statutory framework for cracking down on badly behaved councillors to ensure that it continues to allow quick and effective action to be taken for misconduct.

Minister for Local Government, Shelley Hancock, said the independent review would examine if penalties for councillors breaching the code of conduct remained sufficient, and ways to reduce the time and cost of complaints handling.

Suspended Budgewoi Councillor, Jillian Hogan, has welcomed the review, saying that the systems, processes and conduct policies needed to be clearly defined and acted upon.

“More importantly, the policy should act as a deterrent because councillors should be exemplary role models for our community and future generations.

“Behaviours can only be addressed through consequences for actions,” Hogan said.

Minister Hancock said residents rightly expected high standards of behaviour from their elected representatives.

“The NSW Government has zero tolerance for councillors who put petty politics and egos ahead of serving the local community,” she said.

“The Model Code of Conduct sets strict standards of behaviour for the 1,300 councillors at the state’s 128 councils to help ensure the ethical, accountable and transparent operation of local government.

“While the majority of councillors do the right thing, the NSW Government is determined to ensure that those elected representatives who breach community standards face the consequences.”

The review will examine the effectiveness of penalties available to councils, the Office of Local Government and the NSW Civil and Administrative Tribunal.

Hancock said it would also look at the processes for making code of conduct complaints, the timeliness of disciplinary action, and misconduct frameworks implemented in other jurisdictions.

“The review will make recommendations for any legislative, policy and operational changes required to ensure that NSW has the strongest system in the country to target bad behaviour and enforce high standards of conduct in our local councils,” Hancock said.

“The NSW Government is committed to ensuring that councils and the Office of Local Government are well placed to take quick and effective action against councillors who engage in misconduct so the public can have confidence in the people they elect to represent them.”

Gary Kellar PSM has been appointed to carry out the review following his recent involvement in an expert panel examining the local government misconduct framework in Queensland in 2017.

A local government specialist, Kellar was the General Manager of Logan City Council for 26 years.

Sue Murray