The NSW Government proposes extensive reforms to revamp the current Code of Conduct system for elected councillors. The proposed reforms aim to address the inefficiencies and challenges in the existing framework, which critics have labelled as complex and vulnerable to misuse. Modify the code by condensing it to a succinct 2-3 pages, similar to the State Parliamentary Code, and establish clear standards for councillor conduct. 

The proposed reforms seek to tackle minor complaints at the local level, enhance transparency during council meetings, and strengthen the investigative powers of the Office of Local Government. These measures aim to rebuild trust in local governance by ensuring councillors answer for their actions and use council resources efficiently.

Challenges in councillor governance

The current system that governs elected councillors in NSW faces many significant challenges that undermine its overall effectiveness and efficiency. The current Code of Conduct exceeds 100 pages, creating significant operational difficulties. The Code’s considerable length and intricacy challenge both councillors and the public as they navigate it. Many have lodged complaints due to the complexities involved, with a significant portion viewed as minor or driven by political motives. 

Over the last three years, councils have received 4,289 complaints about conduct. Complaints have significantly strained council resources, redirecting time and funds from critical services. Complaints have surged, creating a backlog that complicates councils’ ability to respond to legitimate concerns promptly. The current framework hinders the prompt resolution of valid issues. 

The intricate and extensive Code creates a drawn-out procedure for addressing complaints, resulting in delays in resolving significant matters. These complaints have considerably depleted council resources. Time and financial resources allocated to address complaints significantly affect the council’s capacity to provide essential services to the community. These issues create a system that fails to address real misconduct and diverts resources from essential local services.

Reforming councillor conduct

1. Simplification of the code of conduct: The NSW Government will simplify the Code of Conduct to 2-3 pages, aligning it with the State Parliamentary Code. This simplification aims to set clear behavioural standards for the 1,300 elected councillors and reduce the potential for misuse.
2. Revised complaint handling:

• Local government privileges committee: The local government has established a new committee that includes seasoned councillors with prior mayoral experience to evaluate complaints. This adjustment addresses concerns that do not require police action or referral to additional investigative entities.
• Role of the office of local government: The Office of Local Government will examine and take action on significant complaints, including those related to conflicts of interest. The office has the authority to issue penalty infringement notices.

3. Restriction of private investigators: The proposed reforms remove the involvement of private investigators in the process concerning councillor conduct. The Office of Local Government will strengthen its investigative functions.
4. Limitation on private briefing sessions: Councillors will no longer hold private briefing sessions, only allowing exceptions in very restricted situations. This enhances clarity and responsibility.
5. Strengthened lobbying guidelines: Officials will establish new regulations to oversee lobbying activities in local government, promoting enhanced transparency and ethical conduct.
6. Enhanced mayoral powers: Mayors can remove councillors from meetings for inappropriate behaviour and revoke their right to receive a fee for the month of misconduct.

Boosting digital governance

Upcoming reforms will significantly impact digital governance in the public sector by:

Reducing administrative burden

Streamlining the Code of Conduct from over 100 pages to a concise 2-3 page document will significantly reduce the administrative burden on councils. This optimisation aims to free up resources currently tied up in managing a large volume of complaints. Councils can streamline complaint management and simplify the process, allowing them to focus on essential services and digital transformation projects. Minister for Local Government Ron Hoenig stated, “The sheer volume of vexatious complaints being made is preventing the Office of Local Government from focusing its attention on getting crooks out of the local government sector,” outlining the need for a more effective system.

Enhancing transparency

The proposed changes prohibit private councillor briefing sessions, allowing only a few specific exceptions, and enhance the regulations surrounding lobbying activities. The anticipated measures improve transparency in council operations by promoting open decision-making and prioritising the community’s best interests. Heightened transparency plays a key role in today’s digital landscape, as the public’s confidence strongly depends on the accessibility and clarity of government actions. The NSW Government emphasised that these changes aim to “ensure decisions are being made openly and in the best interests of the community as a whole,” reflecting broader goals of accountability and public involvement in digital governance.

Strengthening regulatory oversight

The proposed reforms enhance the investigative capabilities of the Office of Local Government, improving oversight and enforcing ethical standards. This grants the power to issue penalty infringement notices for significant conflicts of interest and other violations. Enhanced oversight builds public confidence by ensuring that councils comply with ethical standards, reinforcing the integrity of digital governance systems. The NSW Government emphasised that the Office of Local Government will take on enhanced responsibilities as a sector regulator, which will include “expanded investigation powers for serious conflict of interest breaches and the ability to issue penalty infringement notices.”.

Minister for Local Government Ron Hoenig stated, “The current councillor code of conduct system is fundamentally broken. It is too open to weaponisation, with tit-for-tat complaints diverting critical council resources and ratepayer money from the things that matter most to communities.” He stressed the importance of these reforms to rebuild public trust and maintain the integrity of local governance.

Justin Lance Marcel Lavadia

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Justin Lavadia is a content producer and editor at Public Spectrum with a diverse writing background spanning various niches and formats. With a wealth of experience, he brings clarity and concise communication to digital content. His expertise lies in crafting engaging content and delivering impactful narratives that resonate with readers.

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