Amendments have been made to the electoral provisions of the Local Government (General) Regulation 2005 (the Regulation). The amendments give effect to the Government’s commitment, made in its response to the Independent Pricing and Regulatory Tribunal’s review of local government election costs, to modernise the electoral provisions of the Regulation and to align them with the more contemporary and efficient practices used at State elections in time for the September 2020 council elections.

The draft Code of Accounting Practice and Financial Reporting (Code) (update 28) has been released for comment. Guidance material on AASB 16 Leases, AASB 15 Revenue from Contracts with Customers and AASB1058 Income of Not‑for-Profit Entities.

Councils can use the annual report checklist and joint organisations can use the annual performance statement checklist to ensure that all the information required under the Local Government Act 1993 (the Act), the Local Government (General) Regulation 2005 and other relevant legislation and guidelines is in their annual report and annual performance statement.

New councils formed in 2016 that have opted out of the rates path protection extension will cease to be included under the Ministerial Determination issued for Section 218CB of the Local Government Act 1993. New councils that have decided to extend the rates path protection will be included under provisions of the Ministerial Determination to 2021. New councils formed in 2016 will be eligible to apply for a Special Variation or Minimum Rate Variation, regardless of whether they have opted out of the rates path protection extension.

The LGNSW Conference is the annual policy-making event for NSW councils and associate members. It is well attended by mayors/deputy mayors, councillors, general managers and senior staff.

The purpose of this Circular is to inform councils and joint organisations of the recent decision by the Supreme Court in the matter of Cornish v Secretary, Department of Planning, Industry and Environment [2019] NSWSC 1134. The Court’s decision may be found here. The Supreme Court has held that, notwithstanding the penalties available to councils for code of conduct breaches by councillors under the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (the Procedures), the only disciplinary power available to councils under the Local Government Act 1993 for code of conduct breaches by councillors, is the power to formally censure conferred under section 440G.

Councils are reminded to inform the NSW Electoral Commissioner (NSWEC) if they have resolved for the NSWEC to administer a constitutional referendum or poll in conjunction with the 2020 local government elections.

Councils must review their ward boundaries and notify the NSW Electoral Commission (NSWEC) of any finalised changes to ward boundaries and/or names before 9 December 2019. Under section 211 of the Local Government Act 1993 councils that are divided into wards must keep ward boundaries under review to ensure the difference in elector numbers between wards does not exceed 10%. For information on how the variation is to be calculated, please consult the attachment to this Circular.

The Information and Privacy Commission (IPC) has finalised and issued Guideline 1: For local councils on the disclosure of information contained in the returns disclosing the interests of councillors and designated persons (Guideline 1). Councils should review the positions they currently identify as designated persons in light of Guideline 1 by applying the principles set out in the attachment to this circular.

On 30 August 2019, the Independent Pricing and Regulatory Tribunal (IPART) provided its final report of its review of local government election costs to the Minister for Local Government. IPART’s final report is available here. On 18 September 2019, the Government released its response to IPART’s final report and announced that it intended to fund the NSW Electoral Commission’s (the Commission) core costs in relation to the administration of local government elections, thereby reducing councils’ election costs. The Government response to IPART’s final report is available here. Councils must make a decision on the administration of their elections by 1 October 2019, or soon thereafter, and must enter into any arrangement with the NSW Electoral Commissioner (the Commissioner) to administer their elections no later than 1 January 2020.