Proposed changes to the Code of Conduct and Administration Procedures

You are invited to provide input on the proposed changes to Council's Codes of Conduct and Administration Procedures.

Reason for changes to the documents

In response to the decision of the Supreme Court in the matter of Cornish v Secretary, Department of Planning, Industry and the Environment, the Code of Conduct and Administration Procedures for the Administration of the Model Code of Conduct have been prescribed under the Local Government (General) Regulation 2005.

The amended documents

At the Council meeting of 3 September 2020, Council endorsed the four amended documents which are available for public comment for 42 days. The four documents have been provided for you here:

1. Code of Conduct for Councillors v1.1
2. Code of Conduct for Staff v1.1
3. Code of Conduct for Council Committee Members, Delegates and Advisors v2.1
4. Code of Conduct Administration Procedure v2.1

Amendments within the codes of conduct documents include:

• Remove as a breach, failure to comply with a council resolution requiring action in relation to a code of conduct breach (as this is now redundant).
• An expanded definition of council committees and council committee members, including members of an audit risk and improvement committees (ARIC's) in anticipation of the commencement for the requirement for all councils to approve an ARIC following the next local government elections.
• Amendments to the gifts and benefits provisions in response to feedback from some Councils.

Amendments to the Administration Procedures include:

• The process for censuring councillors for breaches of the code of conduct has been significantly strengthened to ensure Councillors are made publicly accountable to their electors for their conduct.
• The process for referral by councillors of code of conduct breaches to the office of Local Government (OLG) has been streamlined. Investigators are required to consult with the OLG to ensure that the conduct in question is sufficiently serious to warrant disciplinary action before recommending the referral.
• Allows panels of conduct reviewers to be appointed without a resolution of the Council; and
• Allows referral of investigators' reports to OLG for action under the misconduct provisions of the Act where the council will not have a quorum to deal with the matter.

Have your say

Written submissions must be received by 4.00 pm on Monday 19 October 2020.

• Online using the submission form below
• Email tsc@tweed.nsw.gov.au Subject Heading: Proposed changes to the Code of Conduct and Administration Procedures
• By mail
  Proposed changes to the Code of Conduct and Administration Procedures
  General Manager
  Tweed Shire Council
  PO Box 816
  MURWILLUMBAH NSW 2484

It should be noted that in accordance with Council policy and the provisions of the Government Information (Public Access) Act 2009 – ‘GIPAA,’ confidential information contained within submissions may be released upon a request being made by a third party.