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Local Government Code of Conduct Framework Review

Strengthening the Local Government Code of Conduct Framework

Tasmanian Government response to public consultation on the draft Local Government Amendment (Code of Conduct) Bill 2022 and related matters

Overview

On 1 August 2022, the Government released a draft Local Government Amendment (Code of Conduct) Bill 2022 (the draft Bill) for public consultation. The draft Bill progressed some of the key reforms committed to by the Government in its response to prior public consultation about potential targeted legislative changes to the Local Government Code of Conduct Framework.

The main changes proposed in the draft Bill were a standard code of conduct for councillors, voluntary adoption by councils of a behaviour standard policy, mandatory local dispute resolution policy in councils, an improved process for the initial assessment of complaints, and the disclosure and management of interests by Panel members. For a summary of the proposed changes, read the Fact Sheet or the plain English outline of the proposed amendments.

The draft Bill provided that councils would be required to adopt a dispute resolution policy within 12 months after the commencement of the amendments. A dispute resolution policy is to contain the prescribed information and include the processes to be followed in respect of prescribed matters.

In anticipation of the commencement of the amendments, the Government also consulted on a draft of the prescribed information to be included in every council’s dispute resolution policy (the draft prescribed information).

Public submissions on the draft Bill and the draft prescribed information

Ten submissions were received at the close of the consultation period on 5 September 2022. The submissions received are available below.

The submissions generally supported the proposed changes in the draft Bill. Some, however, noted that a review of sanctions and eligibility requirements ought to be considered as part of strengthening the Code of Conduct process.

The Government is of the view that any changes that impact on the rights of community members to choose their own elected representatives should be considered carefully to safeguard the integrity of our democratic processes. As such, a review of sanctions and eligibility requirements for councillors will be dealt with further in a separate consultation process in 2023.

Legislative changes

Additional changes have been made to the Bill further to feedback received from the public consultation. The final Bill has been introduced into Parliament and is available at www.parliament.tas.gov.au.

A  summary of the  Government Response to public feedback on the draft Bill and the draft prescribed information is available here

In the interim, the Government will commence a review of the Local Government (General) Regulations 2015 and the Local Government (Model Code of Conduct) Order 2016 to ensure that the intent of the Bill’s legislative changes is appropriately reflected and embedded in those supporting instruments.