Local Government Bill 2018

Division 3—Personal interests returns

This Division aims to ensure people in decision making positions at a Council provide reasonable disclosure of personal interests that may impact on their ability to exercise their roles impartially.

Clause 170 defines terms used in this Division.

Clause 171 requires a specified person to lodge an initial personal interest return with the CEO.

Specified persons are Councillors, members of delegated committees, the CEO and Council officers nominated by the CEO.

Subclause (1) provides a penalty for a failure to lodge an initial personal interest return within 30 days of taking office.

Regulations will be made to specify matters to be included in these returns.

Subclause (2) provides a penalty for intentionally or recklessly lodging an inaccurate or incomplete return.

Clause 172 requires specified persons to lodge biannual personal interest returns with the CEO while they continue to hold office and specifies maximum penalties for a failure to do so.

Regulations will be made specifying when biannual returns must be lodged and the matters to be included.

Clause 173 provides that the CEO must prepare a summary of each person's latest personal interest return and ensure it is available for inspection on the Council's Internet site and at the Council office. A summary must be prepared in accordance with the Regulations and must not include the person's full residential address.

Clause 174 provides for the confidentiality and retention of personal interest returns. A maximum penalty is prescribed for improperly recording or divulging information from a return.

Division 4—Gifts

Clause 175 prohibits Councillors from receiving anonymous gifts that have a value of or more than the gift disclosure threshold. The gift disclosure threshold is defined in clause 3 to be $500 or a higher amount prescribed in regulations.

This clause specifies a penalty for a Councillor found guilty of a breach. It includes a maximum penalty and a requirement to pay an amount equal to the value of the gift to the Council.

Clause 176 requires a Council to adopt a Councillor gift policy, within 6 months of this clause coming into operation, that includes provision for a gift register and specifies a minimum value of gifts that must be disclosed. Councils must ensure their policy complies with the public transparency principles in clause 57.

The purpose of this clause is to complement personal interest returns by recording gifts that may be below the threshold for disclosure in a personal interest return or that may have been received since the latest return was lodged. This clause is intended to apply only to Councillors. Gifts received by Council staff are dealt with under clause 48.

Division 5—Councillor conduct

Clause 177 describes the Councillor conduct principles. These principles describe the standards of conduct that Councillors are required to adhere to. The principles are included in each Council's Councillor Code of Conduct by virtue of the Bill.

Subclause (1) describes the primary principle of Councillor conduct. When performing their role, a Councillor must act with integrity, exercise their role impartially in the interests of the municipal community and not improperly seek to confer an advantage or disadvantage.

Subclause (2) lists 7 additional principles of conduct for Councillors, including that they not engage in discrimination, harassment or vilification (including sexual harassment). These act as a second level of principles that are more detailed and behavioural in nature.

Clause 178 requires a Council to develop a Councillor Code of Conduct.

Subclause (2) describes the twin purposes of a Councillor Code of Conduct, being to—

• 
  set standards of conduct; and
  

• 
  provide for an internal resolution process for considering alleged contraventions of the Councillor Code of Conduct and resolving disputes between Councillors.
  

Subclause (3) specifies certain matters that must be included in a Councillor Code of Conduct, including the Councillor conduct principles and an internal resolution procedure for considering alleged contraventions of the Councillor Code of Conduct and resolving disputes between Councillors.

Subclauses (4) and (5) require a Council to review and adopt its code within 4 months after a general election by a resolution supported by at least two-thirds of the Councillors.

Subclause (6) requires Councillors to comply with the existing Code of Conduct until a new Councillor Code of Conduct is adopted.

Subclause (7) states that a Councillor Code of Conduct is inoperative to the extent that it is inconsistent with any Act. This particularly includes the Charter of Human Rights and Responsibilities Act 2006, which includes rights regarding privacy and reputation, freedom of expression and taking part in public life.

Clause 179 allows a Council to review and amend its Councillor Code of Conduct at any time.

Clause 180 specifies certain matters that must be included in a Councillor Code of Conduct's internal resolution procedure. These matters include provision for the appointment of an arbiter and arbitration processes.

Subclause (2) provides that information provided to or by an arbiter is confidential information under the definition in clause 3.

Clause 181 subclause (1) provides that a Council may impose certain sanctions on a Councillor if an arbiter has found that the Councillor breached the Councillor Code of Conduct.

Subclauses (2) and (3) provide that an arbiter's findings must be tabled at the next Council meeting and that the reasons for the findings may be tabled.

Division 6—Appointment and functions of Principal Councillor Conduct Registrar and Councillor Conduct Officers

Clause 182 requires the Secretary to appoint a Principal Councillor Conduct Registrar. Secretary means the Secretary of the Department of Environment, Land, Water and Planning.

Clause 183 describes the functions of the Principal Councillor Conduct Registrar. This includes receiving applications for Councillor Conduct Panels, forming Panels and providing various functions to support Panel processes. It also includes setting fees for Councillor Conduct Panels.

Subclause (2) gives the Principal Councillor Conduct Registrar the power to do all things necessary or convenient for the performance of the functions listed in subclause (1).

Subclause (3) empowers the Principal Councillor Conduct Registrar to request information from a Council to enable the Registrar to consider the steps taken by the Council to resolve the matter.

Clause 184 requires a Council's CEO to appoint a Councillor Conduct Officer. A Councillor Conduct Officer must be either a member of Council staff other than the CEO or, if the Council so resolves, another suitably qualified person.

Clause 185 describes the functions of a Councillor Conduct Officer. This includes assisting the Council with its internal resolution procedure and assisting the Principal Councillor Conduct Registrar to perform their functions.

Clause 186 requires the Council to pay the fees for a Councillor Conduct Panel to the Principal Councillor Conduct Registrar.