Oversight and management of councillor misconduct

Most code of conduct breaches are dealt with by councils. However, the misconduct provisions of the Local Government Act 1993 allow the Office of Local Government to also investigate code of conduct breaches. Councils must refer complaints about some types of breaches to the Office for action. Councils may also refer serious misconduct to the Office for a stronger penalty after it has been dealt with under the council’s code of conduct.

The community expects high standards of behaviour from council leaders and staff. These standards are outlined in the Model Code of Conduct, prescribed under the Local Government (General) Regulation 2021 (the Regulations). Every council is required to adopt and implement this code.

Most breaches of the code are managed by the councils themselves, with independent conduct reviewers responsible for investigating allegations and reporting their findings to council.

Misconduct under the Local Government Act 1993 includes where a councillor:

  • contravenes the Act or the Regulations
  • fails to comply with an applicable requirement of a code of conduct
  • fails to comply with an order issued by the Deputy Secretary, Local Government commits an act of disorder at a meeting of the council or a committee of the council
  • commits an act or omission intended by the councillor to prevent the proper or effective functioning of the council or a committee of the council
  • fails to comply with their obligation to disclose and manage a conflict of interest arising from a political donation
  • fails to comply with the pecuniary interest obligations outlines in the Model Code of Conduct.

The Office of Local Government has the authority to investigate code of conduct breaches. Councils are required to refer specific types of complaints to the office for consideration. Additionally, councils may escalate cases of serious misconduct to the office for consideration of stronger penalties after addressing them under the council’s own code of conduct.

The Deputy Secretary, Office of Local Government, may impose disciplinary action against a councillor for engaging in misconduct. Alternatively, the matter may be referred back to the council with recommendations for further action, or it may be determined that no action is necessary. The Deputy Secretary may also refer the more serious cases of councillor misconduct to the NSW Civil and Administrative Tribunal.

Disciplinary decisions (Orders and Statements of Reasons)

Date publishedDetails
29 October 2025

Statement of Reasons and Order for suspension for three months under section 440I of the Act – Councillor Andrew Thaler Snowy Monaro Regional Council (PDF, 248 KB)

Pursuant to s.440K(2) of the Local Government Act 1993, the period of suspension will commence on 6 November 2025

Under the provisions of the Local Government Act 1993 and s.36(1) of the Interpretation Act 1987, the order takes effect 7 days from the date of service. Service was affected on 29 October 2025. As a result, the date of suspension is from 6 November 2025.

28 July 2025

Statement of Reasons and Order for suspension for three months under section 440I of the Act – Councillor Andrew Thaler Snowy Monaro Regional Council (PDF, 1.4 MB)

Pursuant to s.440K(2) of the Local Government Act 1993, the period of suspension will commence on 5 August 2025

Under the provisions of the Local Government Act 1993 and s.36(1) of the Interpretation Act 1987, the order takes effect 7 days from the date of service. Service was affected on 28 July 2025. As a result, the date of suspension is from 5 August 2025

5 May 2025

Statement of Reasons and Order for suspension for three months under section 440I of the Act – Councillor Andrew Thaler Snowy Monaro Regional Council (PDF, 1.1 MB)

Pursuant to s.440K(2) of the Local Government Act 1993 and s.36(1) of the Interpretation Act 1987, the period of suspension will commence on 14 May 2025.

Note that the order was signed on 5 May 2025. Under the provisions of the Local Government Act 1993, the order takes effect 7 days from the date of service. Service was affected on 6 May 2025. As a result the date of suspension is from 14 May 2025.

22 March 2024

Statement of Reasons and Order for suspension for three months under section 440I of the Act – Councillor Ian Olsen of Cessnock City Council (PDF, 205 KB)

The date on the Order refers to the period of suspension commencing on 3 April 2024 and ending on 2 July 2024. Pursuant to s.440K(2) of the Local Government Act 1993 and s.36(1) of the Interpretation Act 1987, the period of suspension commenced on 3 April 2024 and ending on 2 July 2024.

12 September 2023

Statement of Reasons and Order for counselling and suspension for one month under section 440I of the Act – Councillor Rodney Kendall of Wagga Wagga City Council (PDF, 340 KB)

The date on the Order refers to the period of suspension commencing on 15 September 2023 and ending on 15 October 2023. Pursuant to s.440K(2) of the Local Government Act 1993 and s.36(1) of the Interpretation Act 1987, the period of suspension commenced on 16 September 2023 and ends on 16 October 2023.

26 November 2021Statement of Reasons and Order for suspension for one month under section 440I of the Act – Councillor Con Hindi – of Georges River Council (PDF, 495 KB)
8 October 2021Statement of reasons and Order for deciding to reprimand and suspend the Councillor under section 440I of the Act – Councillor Kath Elliott of Newcastle City Council (PDF, 161 KB)
23 August 2021Statement of reasons and Order for deciding to direct the Councillor to cease engaging in misconduct and to suspend the Councillor’s right to be paid any fee or other remuneration under section 440I of the Act – Councillor Paul Amos of Coffs Harbour Council (PDF, 66 KB)
23 August 2021Statement of reasons and Order for deciding to direct the Councillor to cease engaging in misconduct and to suspend the Councillor’s right to be paid any fee or other remuneration under section 440I of the Act – Councillor John Arkan of Coffs Harbour Council (PDF, 58 KB)
23 August 2021Statement of reasons and Order for deciding to direct the Councillor to cease engaging in misconduct and to suspend the Councillor’s right to be paid any fee or other remuneration under section 440I of the Act – Councillor Keith Rhoades of Coffs Harbour Council (PDF, 59 KB)
23 August 2021Statement of reasons and Order for deciding to direct the Councillor to cease engaging in misconduct and to suspend the Councillor’s right to be paid any fee or other remuneration under section 440I of the Act – Councillor Tegan Swan of Coffs Harbour Council (PDF, 64 KB)
18 June 2021Statement of reasons and Order for deciding to reprimand and suspend the councillor’s right to be paid any fee or other remuneration under section 440I of the Act – Councillor Matt Brown of Kiama Municipal Council (PDF, 50 KB)
18 June 2021Statement of reasons for deciding to counsel the councillor under section 440I and make the decision publicly available – Councillor Mary Lyons-Buckett of Hawkesbury City Council (PDF, 55 KB)
19 March 2021Statement of reasons for deciding to reprimand the councillor under section 440I – Councillor Warren Steel of Kiama Municipal Council (PDF, 99 KB)
5 February 2021Statement of reasons and order for deciding to direct the councillor to apologise, to cease engaging in the misconduct and impose a period of suspension under section 440I – Councillor Paul Funnell, Wagga Wagga City Council (PDF, 213 KB)
11 September 2020Statement of reasons for deciding to reprimand the councillor under section 440I – Councillor John Walker of Hilltops Council (PDF, 3.7 MB)
28 February 2020

16 July 2021

Statement of reasons and Order for directing participation in training, deciding to reprimand and suspend the councillor’s right to be paid any fee or other remuneration under section 440I of the Act – Councillor Stuart Coppock of Willoughby City Council (PDF, 1.8 MB)

Decision appealed. Breach found. Deputy Secretary’s decision on penalty amended by deletion of requirement to undertake training. Decision otherwise confirmed. See NCAT decision [2021] NSWCATOD96

26 September 2019Statement of Reasons and Order for deciding to impose a period of suspension under section 440I – Councillor Jeffrey Nicholson – Forbes Shire Council (PDF, 356 KB)
7 November 2018Statement of Reasons for deciding to reprimand the councillor under section 440I – Councillor Kevin Duffy – Orange City Council (PDF, 409 KB)
13 August 2018Statement of Reasons and Order for deciding to direct the councillor to apologise, to cease engaging in misconduct and impose a period of suspension under section 440I – Councillor Stephen O’Halloran – Balranald Shire Council (PDF, 2.2 MB)
5 October 2017Statement of Reasons and Order for deciding to direct a written apology be provided, direct the councillor to cease engaging in misconduct and impose a period of suspension under section 440I – Councillor Fred Clancy of Warrumbungle Shire Council (PDF, 581 KB)
21 April 2016Statement of Reasons and Order for deciding to reprimand and suspend the councillor’s right to be paid any fee or other remuneration under Section 440I – Councillor Graham Meineke of Lismore City Council (PDF, 654 KB)
04 June 2015Statement of Reasons and Order for deciding to impose a period of suspension under Section 440I – Councillor John Tough of Narrabri Shire Council (PDF, 2.1 MB)
04 June 2015Statement of Reasons and Order for deciding to suspend the councillor’s right to be paid any fee or other remuneration under Section 440I – Councillor Bob Graham of Wyong Shire Council (PDF, 2.1 MB)
08 January 2013Statement of Reasons for deciding to impose a period – Councillor Stephen Smith of Gunnedah Shire Council (PDF, 876 KB)
08 January 2013Statement of Reasons for deciding to impose a period of suspension under Section 440K – Councillor Hans Allgayer of Gunnedah Shire Council (PDF, 1 MB)
10 October 2012Statement of Reasons for deciding not to impose a period of suspension – Councillor John Tate of Newcastle City Council (PDF, 317 KB)
13 August 2012Statement of Reasons for deciding not to impose a period of suspension – Councillor Paul Nichols of Singleton Council (PDF, 695 KB)
06 March 2012Order and Statement of Reasons for suspension of Councillor Kevin Crameri of Penrith City Council (PDF, 1.1 MB)

NCAT decisions (Orders and Reasons for Decision)

Date publishedDecision numberDetails
10 July 20252025 NSWCATOD 88Thaler v Secretary, Department of Planning, Housing and Infrastructure
13 February 20252025 NSWCATOD 10Executive Director, Local Government, under delegation from the Secretary, Department of Planning, Industry and Environment v Saravinovski
12 September 2024NSWCATOD 144Executive Director, Local Government, under delegation from the Secretary, Department of Planning, Industry and Environment v Hindi
14 December 2023NSWCATOD 186Executive Director, Local Government, under delegation from the Secretary, Department of Planning, Industry and Environment v Hindi
16 June 2023NSWCATOD 82Executive Director, Local Government under delegation from the Secretary, Department of Planning, Industry and Environment concerning Paul Funnel
13 June 2023NSWCATOD 81Executive Director, Local Government under delegation from the Secretary, Department of Planning and Industry v Robinson (No 2)
17 February 2023NSWCATOD 17Re referral by Executive Director, Local Government, under s 440J of the Local Government Act 1993, concerning Mr Funnell, a former Councillor
12 December 2022NSWCATAP 167Re referral by Executive Director, Local Government under s 440J and 440N of the Local Government Act 1993, concerning Mr Robinson, a former Councillor [2022]
22 November 2022NSWCATOD 152Re referral by Executive Director, Local Government, under s 440J of the Local Government Act 1993, concerning Mr Hindi, a former Councillor
12 May 2022NSWCATAP 155Cornish v Deputy Secretary, Department of Local Government Planning & Policy
17 Mar 2022NSWCATOD 35Clr Garrard – Deputy Secretary, Local Government, Planning and Policy v Garrard (No 3) [2022]
19 Jan 2022NSWCATAP 6Cornish v Deputy Secretary, Department of Local Government Planning and Policy
12 Jan 2022NSWCATOD 3Clr Doueihi – Deputy Secretary of the Department of Local Government, Planning and Policy v Doueihi (No 2) [2022]
24 Sept 2021NSWCATOD 163Clr Doueihi – Deputy Secretary of the Department of Local Government, Planning and Policy v Doueihi [2021]
9 Aug 2021NSWCATOD 112Clr Darcy Byrne – Deputy Secretary, Local Government Planning and Policy v Byrne (No 2) [2021]
16 Jul 2021NSWCATOD 96Clr Stuart Coppock – Willoughby City Council – appeal of Dep Sec decision – penalty decision amended
7 June 2021NSWCATOD 75Clr Garrard – Deputy Secretary, Local Government, Planning and Policy v Garrard [2021]
4 May 2021NSWCATOD 53Clr Darcy Byrne – Deputy Secretary, Local Government, Planning and Policy v Byrne [2021]
30 Mar 2021NSWCATOD 35Deputy Secretary, Local Government Planning and Policy v Cornish
10 Feb 2021NSWCATOD 18Clr Stuart Coppock – Willoughby City Council – appeal of Dep Sec decision – breach found
3 Sept 2019NSWSC 1134Cornish v Secretary, Department of Planning, Industry and Environment
10 Jan 2019NSWCATOD 12Clr Peter Dwyer – Hay Shire Council
9 Oct 2018NSWCATAP 235Cornish v Chief Executive, Office of Local Government
12 July 2018NSWCATOD 110

Clr Marcus Cornish – Penrith City Council – NCAT decision overturned on appeal to Supreme Court

https://www.caselaw.nsw.gov.au/decision/5d6c53cce4b0c3247d7117d8

29 Jun 2018NSWCATOD 103Clr Peter Shelley – Mid Western Council
31 May 2018NSWCATOD 84Clr Gary Bagnall – Tweed Shire Council
5 Mar 2018NSWCATOD 31Clr Michael Neville – Griffith City Council
8 Nov 2016NSWCATOD 134Clr Con Hindi – Hurstville City Council
27 Oct 2016NSWCATOD 135Clr Graeme Meineke – Lismore City Council
23 Jan 2017NSWCATOD 14Meineke v Acting Chief Executive, Office of Local Government (No 2) [2017] NSWCATOD 14
18 Oct 2016NSWCATOD 132Clr Julie Passas – Ashfield Council
20 Jan 2017NSWCATOD 12Acting Chief Executive, Office of Local Government v Passas (No 2) [2017] NSWCATOD 12
27 Sep 2016NSWCATOD 122Clr Martin Ticehurst – Lithgow City Council
13 Dec 2016NSWCATOD 162Office of Local Government v Councillor Ticehurst of Lithgow City Council (No 2) [2016] NSWCATOD 162
25 Feb 2016NSWCATOD 21Clr Zaya Toma – Fairfield City Council
17 Mar 2016NSWCATOD 21Zaya Toma – Fairfield City Council
26 Feb 2016NSWSC 143Clr Salim Mehajer – Auburn City Council – appeal of decision in NSWCATOD10
29 Jan 2016NSWCATOD 10Clr Salim Mehajer – Auburn City Council
4 Jan 2016NSWCATOD 13Cornish v The Chief Executive of the Office of Local Government
18 May 2015NSWCATOD 46Clr Genevieve Campbell – Murray Shire Council

Office of Local Government v Councillor Genevieve Campbell of Murray Shire Council [2016] NSWCATOD 8
13 Nov 2015NSWCATOD 129Clr Genevieve Campbell – Murray Shire Council
21 Jan 2016NSWCATOD 8Office of Local Government v Councillor Genevieve Campbell of Murray Shire Council [2016] NSWCATOD 8
28 Oct 2014NSWCATOD 122Clr Gary Bagnall – Tweed Shire Council
26 Aug 2014NSWCATAD 121Clr Jason Pauling – Lake Macquarie Council
18 Aug 2014NSWCATOD 92Clr Stephen Smith – Gunnedah Shire Council
19 Dec 2014NSWSC 1804Clr Salim Mehajer – Auburn City Council – appeal of decision in NSWCATOD64
16 Jun 2014NSWCATOD 64Clr Salim Mehajer – Auburn City Council
6 May 2014NSWCATOD 48Clr Max Phillips – Marrickville Council