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Department of Premier and Cabinet

Amendments to Local Government Act and Model Code of Conduct

The draft Local Government Amendment (Miscellaneous) Bill 2018 (the Amendment Bill) and the draft Local Government (Model Code of Conduct) Amendment Order 2018 (the Amendment Order) seek to implement the Government’s agreed changes to the Code of Conduct framework, as outlined in the Tasmanian Government’s Response to the Review of the Local Government Code of Conduct.

The Amendment Bill and Amendment Order have been drafted in response to feedback from the local government sector, and are available to download:

The draft Local Government Amendment (Miscellaneous) Bill 2018

The draft Local Government (Model Code of Conduct) Amendment Order 2018

A detailed explanation of the proposed amendments is outlined in the table:

Explanation Table of Amendments to the Local Government Act and Model Code of Conduct.

The Amendment Bill also proposes a range of miscellaneous amendments to address identified drafting deficiencies in the Act. Miscellaneous amendments fall into one of the following categories:

  1. new provisions that enhance the clarity and consistency in the application of current policy, at a practical level, across different parts of the Act;
  2. amendments to eliminate current drafting ambiguities, identified by both the Local Government Division and the Office of Parliamentary Counsel;
  3. changes to correct minor drafting oversights related to the 2017 Targeted Review amendments; and
  4. minor administrative corrections and updates, including addressing outdated names and inaccurate cross-references.

It is the Government’s intention to introduce the final Amendment Bill into the Parliament during the Spring Session, to enable Royal Assent by the end of 2018. Changes to the Model Code and agreed administrative improvements to the Code of Conduct complaints handling process do not require Parliamentary approval, and can be implemented immediately following consultation.

These proposed amendments are distinct from and entirely separate to the major Review of Tasmania’s local government legislation, announced by the Minister for Local Government, the Hon Peter Gutwein MP on 26 June 2018. That Review will deliver, in consultation with the sector, stakeholders and the community a contemporary, best-practice legislative framework, and is expected to take approximately two years.

Submissions

Submissions on the draft Local Government Amendment (Miscellaneous) Bill 2018 and the draft Local Government (Model Code of Conduct) Amendment Order 2018 are to be made in writing. Submissions are to be provided either by email lgd@dpac.tas.gov.au  or by post to:

Local Government Division

Department of Premier and Cabinet

GPO Box 123

HOBART TAS   7001

All submissions must be received by close of business on Tuesday 25 September 2018.

Important information to note

All submissions will be treated as public information and will be published on Department of Premier and Cabinet's (DPAC) website once consideration of the submissions has concluded. However, if you wish your submission to be treated as confidential, whether in whole or in part, please note this in writing at the time of making your submission, and clearly indicate which parts of your submission are confidential, and advise the reasons as to why.

Please note that your name, or the name of your organisation making a submission, will be disclosed unless you request otherwise. In the absence of a clear indication that a submission is intended to be treated as confidential (or parts of the submission), DPAC will treat the submission as public.

The Right to Information Act 2009 and confidentiality

By law, information provided to the Government may be provided to an applicant under the provisions of the Right to Information Act 2009 (RTI).

If you have indicated that you wish all or part of your submission to be treated as confidential, your statement detailing the reasons will be taken into account in determining whether or not to release the information in the event of an RTI application for assessed disclosure.

Contact the Local Government Division

For more information about the consultation on the draft Amendment Bill and Amendment Order, please contact the Local Government Division by email at lgd@dpac.tas.gov.au or by telephone on (03) 6232 7022.