Codes of Conduct and Rules of Conduct
Code of Conduct
A Code of Conduct is a legislative requirement under the Local Government Act 1995 and is to be observed by:
- Council Members;
- Committee Members;
- Candidates in a local government election; and
Council Member, Committee Member and Candidate Code of Conduct
On 27 June 2019, the Local Government Legislation Amendment Act 2019 was passed in Parliament. The Act includes a requirement for the introduction of a mandatory code of conduct for council members, committee members and candidates.
The recently gazetted Local Government (Model Code of Conduct) Regulations 2021, effective 3 February 2021, introduce a mandatory code of conduct for council members, committee members and candidates.
The Model Code Regulations provide for:
- overarching principles to guide behaviour
- behaviours which are managed by local governments
- rules of conduct breaches which are considered by the Standards Panel
Local governments will be required to prepare and adopt the Model Code within three months of these regulations coming into effect (by 3 May 2021). In adopting the Model Code, local governments may include additional behaviours under Division 3 provided these are consistent with the Model Code.
Council adopted a Council Member, Committee Member and Candidate Code of Conduct at its meeting of 20 April 2021 (CE03-04/21).
A complaint under Division 3 of the Model Code must be made within one month of the alleged breach and is to be submitted to the City's Complaints Officer using the prescribed form.
Division 4 of the Model Code of Conduct set out Rules of Conduct. The legislation rules are intended to prevent Council Members engaging in inappropriate behaviour such as securing personal advantage, misusing local government resources and improper conduct. The Local Government Standards Panel deals with breaches of these rules of conduct.
A complaint received under Division 4 of the Code of Conduct must be made within six months of the alleged breach and is to be submitted to the City's Complaints Officer by email: email@example.com using the prescribed form (for alleged breaches that occurred prior to the 3 February 2021) or prescribed form (for alleged breaches that occurred from the 3 February 2021).
The Register of Complaints prescribed under Section 5.121(3) of the Local Government Act 1995 is available by clicking below:
The following censure orders have been made by the Standards Panel:
Employee Code of Conduct
On 3 February 2021, the Local Government Regulations Amendment (Employee Code of Conduct Regulations) 2021 introduced minimum requirements for local government employees in relation to gifts, conflicts of interest and disclosure. In addition, the Employee Code Regulations provide that a local government’s code of conduct for employees must contain requirements pertaining to:
- disclosure of information;
- the use of information and resources;
- record keeping; and
- reporting and managing misconduct.
The CEO is required to prepare and implement a code of conduct to be observed by employees. The CEO may amend the code as required and must ensure that an up-to-date version of the code is published on the local government’s official website.