The recent Phase 1 amendments to the Local Government Act 1993 (the Act) have seen the inclusion in the prescribed role of councillors under section 232 a responsibility “to make all reasonable efforts to acquire and maintain the skills necessary to perform the role of a councillor”. In support of this, the amendments allow regulations to be made for induction and other professional development for Mayors and Councillors.

In 2015, all councils prepared an Improvement Plan to demonstrate how they would become Fit for the Future. As councils undertake the next cycle of Integrated Planning and Reporting, it is important that the strategies and actions identified in the Improvement Plans are reflected in the new Delivery Program and Resourcing Strategy. Councils are reminded that the Office of Local Government will monitor councils’ performance against the Fit for the Future benchmarks over time.

The recent amendments to the Local Government Act 1993 (the Act) provide for a model code of meeting practice (model meeting code) to be prescribed by regulation. Work on developing the model meeting code has now commenced. The code will contain both mandatory and non-mandatory provisions. Once the model meeting code is finalised, and prescribed by regulation, councils will be required to adopt a code of meeting practice that incorporates its mandatory provisions. Councils’ codes of meeting practice must not contain provisions that are inconsistent with the mandatory provisions of the model meeting code.

The NSW Government is seeking to clarify the timing of electoral cycles given the ‘pending’ status of a number of merger proposals as a consequence of legal action taken by councils covered by these proposals. The information provided in this circular is based on advice received from the NSW Electoral Commissioner.

The recent amendments to the Local Government Act 1993 (the Act) will see the pecuniary interest provisions of the Act and the Local Government (General) Regulation 2005 incorporated into the Model Code of Conduct for Local Councils in NSW (the Model Code).

Under the Model Code of Conduct Procedures, each council’s complaints coordinator must report annually on a range of complaint statistics to their council and to the Office of Local Government within 3 months of the end of September.

Councils are required to respond to this information request under section 429 of the Local Government Act 1993.Councils can use the Statistical Information Sheets that candidates completed prior to the elections to complete the survey. Councils are required to retain these sheets under clause 391(6) of the Local Government (General) Regulation 2005.

The Office of Local Government has issued an updated edition of the Councillor Handbook. The Councillor Handbook has been updated to reflect developments over the last four years and recent amendments to the Local Government Act 1993.

As a result of the recent amendments to the Local Government Act 1993, councillors (including mayors) are now required to take an oath or affirmation of office. The prescribed words of the oath and affirmation are contained in the attachment to this Circular. Oaths or affirmations of office must be taken by each councillor at or before the first meeting of the council after being elected.

The NSW Parliament has passed amendments to the Local Government Act 1993 (the LGA) known as the Phase 1 reforms, focussing mainly on improving council governance and strategic business planning. Some of the amendments are now in force. Other amendments will be put in place over time.