Local Government Minister releases review of Councillor misconduct in NSW

By ERIN MODARO

NSW Minister for Local Government Wendy Tuckerman has released the findings of a review into Councillor misconduct in local councils. The October 2022 report was spearheaded by a panel member of a similar report carried out in Queensland, as well as former council manager, Gary Kellar.

The review examines how complaints against Councillors are handled, as well as looking at investigation processes and what type of disciplinary actions can be taken when breaches of conduct are found. Under the current process, complaints about Councillor behaviour and conduct can be made to a council’s general manager or the Office of Local Government (OLG). The OLG supplies a “Model Code of Conduct” for Councillors across NSW, however each council also has individual guidelines.

Tuckerman announced it was clear from ICAC investigations and public feedback that “changes are needed to build community trust” in local government.

The expected standards of behaviour relate to Councillors behaviour both in and out of council meetings, including acting honestly and within the bounds of the law.

The review comes as issues with the current system have been flagged, such as long wait times, unclear pathways to make complaints and a lack of sufficient accountability for Councillors who do breach the code of conduct.

Local Government NSW President Darriea Turley identified issues within the current process. 

“Unfortunately, for too long we have had to contend with a resolution system that is undermined by lengthy delays and a lack of effective sanctions,” Cr Turley said. 

The review admits that the OLG has “very limited capacity under the current framework, structures and resourcing to effectively address the issues identified”.

Inner West a complaint hotspot in Sydney

The review revealed that over time the general number of complaints against Councillors and general managers has been increasing in the past decade. In the Sydney inner-city region, the Inner West Council recorded more complaints that the City of Sydney, or any eastern Sydney councils, with over 31 being filed between 2019 and 2021.

Other councils to receive more than 31 complaints included the Northern Beaches, Ryde, Cumberland and Georges River.

Inner West Councillors and Mayor Darcy Byrne have seen their fair share of code of conduct breaches in the past several years. Byrne was found guilty of misconduct in 2021 for conflicts of interests matters and was suspended for 3 months.

Recently, issues surrounding Byrne’s disclosures of interests were uncovered, which resulted in letters of complaint being sent to Tuckerman.

Former Inner West Councillor Julie Passas was found guilty of misconduct by the NSW Civil and Administrative Tribunal in 2019 and was made to deliver an apology.

Review recommendations

In the 49 recommendations outlined in the report, several overall objectives were outlined. One recommendation is to form an independent panels called ‘Councillor Conduct Review Panels’, that would investigate and code of conduct complaints.

Other recommendations include inviting public submissions on the review to support new frameworks, and including mandatory education on conduct for all Councillors.

“Mr Kellar’s recommendations include harsher penalties for councillor misconduct and ensures the framework for dealing with misconduct is more independent, effective and efficient,” Tuckerman said.

Turley said that the recommendations would “go a long way to rectifying the shortcomings when dealing with misconduct in local government and help ensure those found guilty of wrongdoing will face the appropriate penalty”. 

Another concern was on the nature of the independent panels that would be investigating complaints under the new framework.

“If we are to improve the system across all levels of politics we need to ensure that the so-called independent panels are genuinely independent and not open to political interference,” Turley said.