Councillor Misconduct Review Released

BELLINGEN Shire Council and Nambucca Valley Shire Council were each the subject of less than six official complaints relating to councillor conduct to the Office of Local Government in the 2019-21 period, fewer than neighbouring councils, according to an independent review into councillor misconduct in NSW.

The City of Coffs Harbour elicited between eleven and twenty complaints during the review period.

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More recently, it received eight official complaints, seven of which were finalised.

Four complaints were referred to an external body.

Kempsey Shire Council was also the subject of between eleven and twenty complaints.

Minister for Local Government Wendy Tuckerman released the review last week, which proposes the biggest changes to local government integrity measures in more than 30 years.

Mrs Tuckerman said it’s clear from recent ICAC public inquiries and the number of council interventions that changes are needed to build community trust in local government.

“The people of NSW expect their elected representatives to uphold the highest standards of behaviour and anyone who breaches that trust should face the consequences,” she said.

Ms Tuckerman said that, while the Government acknowledges the recommended outcomes make a strong case for change, some of the reforms are significant and some targeted consultation will need to be undertaken to better understand the potential impact on councils.

The Misconduct Review examined the framework for dealing with councillor misconduct, and the effectiveness of penalties available to councils, the Office of Local Government and the NSW Civil and Administrative Tribunal.

The review made 49 extensive recommendations which include a new, independent framework for dealing with councillor misconduct, mandatory councillor training, including pre-nomination training of candidates for election and tougher penalties to deal with misconduct, including the ability to impose monetary penalties on individuals.

In addition, mayors and meeting chairs will be given more powers to sanction councillors who are disorderly during council meetings, while further training will be provided to councillors and those who stand in council elections around appropriate conduct and behaviour.

Local Government NSW (LGNSW) welcomed the review, and LGNSW President, Darriea Turley AM, said the local government sector supported any move that would ensure the highest standards of integrity and probity across all levels of government.

“The overwhelming majority of councillors do the right thing, but in very rare instances of misconduct it is essential that we have an appropriate framework in place that can respond in an efficient and fair manner,” Ms Turley said.

“LGNSW is of the view that anyone found guilty of misconduct in politics – whether it be federal, state or local government – should face the consequences.”

A copy of the review and a Consultation Guide is available at www.olg.nsw.gov.au/councils/misconduct-and-intervention/review-of-councillor-misconduct-framework/.

By Andrew VIVIAN

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