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.

The formation of new councils will have implications for these councils’ management of their obligations under the Government Information (Public Access) Act 2009 (GIPA Act).

Ordinary local government elections in NSW are scheduled to occur on 10 September 2016 for councils that have not been merged and that are not subject to a merger proposal.