Elected Member Unreasonable Conduct - Model Guidelines

Unreasonable Conduct, if not properly dealt with, presents real risks for councils in the context of their statutory obligations to maintain a safe workplace. Such conduct also has the potential to severely undermine community confidence in the professionalism of Elected Members and can damage the reputation and community standing of individual councils and the sector overall.

It is therefore crucial that Unreasonable Conduct is clearly identified and addressed appropriately.

The Office of Local Government has developed, with the Local Government Association of Tasmania, councils, and legal consultants, a set of Model Guidelines which provide a clear framework for councils to identify and address poor conduct.

The document seeks to provide clear, practical advice and associated guidance materials about the relevant responsibilities of councils, Elected Members, and general managers/ CEOs and other staff. It details how Unreasonable Conduct can and should be managed appropriately and consistently, and in line with work health and safety and legal obligations, using the available tools and complaints pathways.

Key aspects of the Model Guidelines include:

Definition of Unreasonable Conduct: Actions that a reasonable person would find unfair, disrespectful, aggressive, or rude. This can encompass a range of behaviours, from aggressive language and threats to persistent unreasonable demands and lack of cooperation.

Legal Frameworks and Responsibilities: Responsibilities of councils, elected members, and staff under various legislative frameworks, including the Work Health and Safety Act 2012 (WHS Act), the Local Government Code of Conduct, and the Anti-Discrimination Act 1998.

Management and Early Intervention Strategies: Management strategies and advice on early intervention, including clear protocols and procedures to address Unreasonable Conduct.

Escalation Pathways: Framework for escalating issues when initial management strategies are ineffective, including referral to external bodies such as WorkSafe Tasmania or OLG.

Support for General Managers/CEOs and Mayors: Specific guidance on managing Unreasonable Conduct, including steps to take during council meetings.

It is important to note that the document has been prepared as a guideline for councils only and is not intended to offer legal advice. Independent legal advice should be obtained as and when considered appropriate in individual circumstances.

The guidelines can be accessed here.