Local Government Amendment (Code of Conduct Act 2023)
The Government has recently concluded consultation on the Local Government Amendment (Code of Conduct) Act 2023.
The new Code of Conduct Order 2024 formally commenced on 10 September 2024 and replaced the existing Code issued under the Model Code of Conduct Order 2016 and automatically applies to all councillors without the need for formal adoption by council.
The Amendment Act delivers a number of targeted improvements to the Local Government Code of Conduct Framework, including:
- Providing for a single statewide Code, which will apply automatically to all councillors.
- Requiring councils to adopt a dispute resolution policy within 12 months of its commencement (no later than 10 September 2025).
- Introducing a 'public interest' test for investigating complaints.
- Having a more rigorous initial assessment process undertaken by a Panel member who is a lawyer (who will not be on any subsequent investigating Panel).
- Having the Code of Conduct Panel Executive Officer undertake monitoring of compliance with sanctions.
Making a Code of Conduct Complaint
Lodging a code of conduct complaint should be seen as a last resort where a complainant has sought to resolve an issue directly with the subject of the complaint or through the relevant council’s dispute resolution process and is unsatisfied with the outcome.
Council's Dispute Resolution Policy outlines the process for managing disputes at the council level. Any person can make a complaint under Council’s Dispute Resolution Policy. The policy contains information on how to make a complaint to the Council.
The Dispute Resolution Policy can be viewed here.
The Dispute Resolution Form can be viewed here.
How to make a Code of Conduct Complaint
Once a complainant has gone through Council’s internal dispute resolution process and being dissatisfied with the outcome and having acted in good faith, the complainant may make a complaint under the Code of Conduct.
The complainant must demonstrate in their complaint form that they:
- have made reasonable efforts under the council’s internal dispute resolution process; or
- have made efforts to resolve the complaint; or
- can explain why the internal dispute resolution process is not an appropriate process for resolving the issue.
A complainant must complete a Local government Code of Conduct complaint form and lodge it with Council's General Manager within six months of the alleged contravention.
The complaint must be accompanied by:
- a statutory declaration verifying the accuracy of the information contained in the complaint. This should meet the Requirements for completing a Statutory Declaration, August 2022 (PDF 105.3KB)
- the prescribed fee.
Further information about how to make a complaint, information and other requirements is contained in the Information Sheet - Local Government Code of Conduct - Information for Complainants, September 2024 (PDF 310.9KB).
Link to Tasmanian Legislation Online: