Councillor misconduct and council employment consultation

The Office of Local Government released two discussion papers regarding councillor misconduct and merit-based recruitment in councils to seek feedback from the local community, stakeholders, councils, council staff and elected representatives.

Legislation to amend the Local Government Act 1993 to give effect to the proposals outlined in the discussion papers is anticipated in 2023 and 2024.

The measures have been developed to support and strengthen the local government sector by ensuring our councils are well-equipped to serve their communities.

Merit-based recruitment

The ‘Merit-based recruitment in councils’ discussion paper proposed to reinstate a requirement that council employees be appointed and promoted according to merit in the Local Government Act, which had been a requirement until 2005. This responds to a recommendation of the recent report of the Integrity Commission titled ‘Investigation Smithies’.

The paper proposed that the Act be amended to require that vacancies in the position of general manager be advertised and applications sought from the community, and more widely. General managers will be required to be appointed according to merit.

The Minister for Local Government intends to make an order under section 61A of the Act providing principles for the appointment and performance assessment of general managers, and these principles are laid out in the discussion paper. This undertaking is made in response to the Report of the Auditor-General No. 2 of 2021-22: Council general manager recruitment, appointment and performance assessment, which recommended the making of such an order. The principles are similar to those consulted upon with councils through the Local Government Association of Tasmania in 2021.

Under section 61A(3) of the Act, the Minister is required to consult with councils as to the matters he or she is considering including in the order. This opportunity for comment was provided in fulfilment of that requirement.

Reforms arising from the discussion paper are contained in the Local Government (Miscellaneous Amendments) Bill 2023, which was introduced to the House of Assembly on 13 September 2023.

Access the ‘Merit-based recruitment in councils’ discussion paper

Addressing councillor misconduct

The ‘Addressing councillor misconduct’ paper proposed pathways to consider serious sanctions, including dismissal, in cases where a councillor’s conduct warrants that consideration. Recently and widely acknowledged events have highlighted the limitations of the existing statutory framework, which provides narrower mechanisms than those available in other states.

The discussion paper proposed that the Code of Conduct Panel, or the Tasmanian Civil and Administrative Tribunal (TASCAT), be enabled to impose more serious sanctions including suspensions of up to six months or dismissal, but only where the Director of Local Government is the complainant. Government has elected not to pursue the separate option outlined to allow the Minister for Local Government to establish a Board of Inquiry into one or multiple councillors.

A framework to address serious councillor misconduct will be legislated once the outstanding matter of the prospective transfer of the Code of Conduct Framework, or elements of it, to TASCAT is resolved.

Legislative reforms to deliver a model with an appropriate degree of independence from the Minister for Local Government of the day, and recognising the unique role of councillors as democratic representatives of their community, are anticipated in 2024.

Access the ‘Addressing councillor misconduct’ discussion paper

Submissions

The comment period for the two discussion papers closed on 19 April 2023.

In accordance with the Tasmanian Government’s Public Submission Policy, in the absence of clear information that a submission is to be treated as confidential, submissions are considered public information.

Submissions received are published below.

Break O'Day Council Submission - Councillor Misconduct

Break O'Day Council Submission - Merit-based Recruitment

Circular Head Council - Councillor Misconduct - Redacted

City of Launceston Submission - Merit-based Recruitment

Devonport City Council Submission - Councillor Misconduct

Devonport City Council Submission - Merit-based Recruitment

Huon Valley Council Submission - Councillor Misconduct

Huon Valley Council Submission - Merit-based Recruitment

Integrity Commission Submission

Jenny Cambers-Smith Submission

Kentish Council Submission