The peak body for local government in New South Wales has expressed concern about the proposal to prohibit confidential councillor briefings.
While largely supportive of changes to the councillor code of conduct that will improve transparency, integrity and probity across local government, LGNSW president Darriea Turley said: “However, we are particularly concerned about proposed reforms to confidential councillor briefings and how information will be able to be shared with councillors.”
Turley said the briefing sessions provided opportunities for councillors to ask questions of staff, some of whom may not attend council meetings, which may be too sensitive to ask or respond to in public.
“By way of comparison, the NSW government, opposition and crossbench are briefed on draft legislation before it’s tabled in parliament, and ministers receive briefings from staff and departmental officers to help prepare draft bills and motions before they’re debated in parliament,” said Turley.
The private briefings lead to better informed MPs and more informed decision making once a matter comes to the public forum in parliament, argued Turley. “It should be no different for elected representatives on local councils,” she said.
The Councillor Conduct and Meeting Practices Discussion Paper also sets the groundwork for the introduction of a Local Government Privileges Committee to deal with complaints about councillor misbehaviour.
While LGNSW doesn’t oppose the concept of such a committee, Turley said the sector had several concerns about its proposed composition and operation.
“While we don’t wish to see a system that makes it too onerous for legitimate issues to be dealt with, we agree with Local Government Minister Ron Hoening that changes need to be made as the current code of conduct allows for too many frivolous or vexatious complaints,” Turley said.
LGNSW suggests complainants be required to pay a filing fee and that the NSW Office of Local Government considers suspending individuals found to have made a frivolous or vexatious complaint.
“We would call for penalties to be commensurate with misconduct and achieve something more substantial than a slap on the wrist so that they are taken seriously and act as an effective deterrent,” Turley said.
She added: “However, LGNSW shares the concerns of many of our members over the potential for politically motivated outcomes from the proposed privileges committee, particularly where committee members may be currently serving as elected representatives.”
LGNSW is also concerned that committee members may have a dual role of being both the investigator and decision maker for alleged breaches of the code. “If this is the case, it raises serious questions about whether natural justice will be afforded to persons who are brought before the committee,” Turley said.
LGNSW has indicated that it would be pleased to participate in discussions about the nature and makeup of the committee.
“We have requested that the OLG and NSW government consult further with our sector on guidelines for the operation of the committee and the selection of committee members,” said Turley. “We look forward to liaising with the minister and the government to ensure we get a final framework that works for everyone.”
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