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Department of Premier and Cabinet

Formal Consultation: draft Local Government (General) Amendment Regulations 2018

Background

In November 2017, the Department of Premier and Cabinet’s Local Government Division sought initial comments on proposed changes to the Local Government (General) Regulations 2015, following amendments brought about by the Local Government Amendment (Targeted Review) Act 2017.

The draft Local Government (General) Amendment Regulations 2018 (Amendment Regulations) have been drafted in response to feedback from the local government sector, and are now available for you to download.

Draft Amendments Regulations

The key amendments proposed are:

  1. The introduction of a gifts and donations register as per the new Part 5A of the Local Government Act 1993.
  2. Amendments to regulation 21 to remove the requirements prescribing poster size and number.
  3. Amendments to regulation 22 to remove the restrictions in regard to limitations on television, radio and newspaper advertising.
  4. Amendments to regulation 22 to remove two separate electoral expenditure limits, replacing these with a single expenditure limit of $10,000 for a candidate, regardless of whether they are running for mayor or deputy mayor or councillor. This amount will be increased each year by CPI.
  5. Amending the Declaration of Office such that elected members are required to engage in ongoing professional development and abide by the principles of good governance.

The Amendment Regulations will be supported by detailed Guidelines and there may be consequential amendments to the Local Government (Model Code of Conduct) Order 2016 as required, to ensure consistency across both instruments, particularly in relation to compliance matters.

Submissions

Submissions on the draft are to be made in writing and are to be provided either by email to 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 Friday 1 June 2018.

Important information to note

All submissions will be treated as public information and will be published on the 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 Tasmanian 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.

Should you have any questions regarding the consultation on the draft Amendment Regulations, please contact DPAC’s Local Government Division by email at lgd@dpac.tas.gov.au or by telephone on (03) 6232 7022.