The state’s peak body for local government is supportive of the State Government’s review of the Councillor Conduct Framework but is concerned about several proposed changes in the recently released Councillor Conduct and Meeting Practices Discussion Paper.
LGNSW President Cr Darriea Turley AM said the sector supported modifications that would boost transparency, integrity and probity across all levels of government.
“However, we are particularly concerned about proposed reforms to confidential councillor briefings and how information will be able to be shared with councillors, as well as the composition and operation of the proposed Privileges Committee,” Cr Turley said.
As the state’s peak body for local government, LGNSW responded to the Office of Local Government’s (OLG) discussion paper with a submission following extensive consultation with member councils, county councils and joint organisations.
In relation to the proposed ban on briefing sessions for elected representatives, Cr Turley said these sessions provided an opportunity for councillors to ask questions of staff, some of whom may not attend council meetings, which may be too sensitive to ask or respond to in public.
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“By way of comparison, the NSW Government, Opposition and Crossbench are briefed on draft legislation before it’s tabled in Parliament, and Ministers receive briefings from staff and departmental officers to help prepare draft bills and motions before they’re debated in Parliament,” Cr Turley said.
“These private briefings lead to better informed MPs and more informed decision making once a matter comes to the public forum in Parliament. It should be no different for elected representatives on local councils."
The Councillor Conduct and Meeting Practices Discussion Paper also sets the groundwork for the introduction of a Local Government Privileges Committee to deal with complaints about councillor misbehaviour.
Cr Turley said that while LGNSW did not oppose the concept of such a committee, the sector had several concerns about its proposed composition and operation.
“While we don’t wish to see a system that makes it too onerous for legitimate issues to be dealt with, we agree with Local Government Minister Ron Hoening that changes need to be made as the current Code of Conduct allows for too many frivolous or vexatious complaints,” Cr Turley said.
“A potential option for serious complaints might be to empower the proposed Privileges Committee to require the payment of a complaint filing fee, and/or to recommend the OLG consider action potentially including either a suspension or costs order against those found to have made a frivolous and/or vexatious complaint.
“We would call for penalties to be commensurate with misconduct and or achieve something more substantial than a slap on the wrist so that they are taken seriously and act as an effective deterrent.
“However, LGNSW shares the concerns of many of our members over the potential for politically motivated outcomes from the proposed privileges committee, particularly where committee members may be currently serving as elected representatives.
“We're also concerned that committee members may have a dual role of being both the investigator and decision maker for alleged breaches of the Code.
“If this is the case, it raises serious questions about whether natural justice will be afforded to persons who are brought before the committee,” Cr Turley said.
“LGNSW would be pleased to participate in discussions about the nature and makeup of the committee.
“We have requested that the OLG and NSW Government consult further with our sector on guidelines for the operation of the committee and the selection of committee members.
“We look forward to liaising with the Minister and the Government to ensure we get a final framework that works for everyone."
A copy of the Councillor Conduct Framework Discussion Paper and more details on the consultation process can be found on the Office of Local Government Website.
