The Model Code of Conduct for Local Councils in NSW and the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW are prescribed under the Local Government Act 1993 and the Local Government (General) Regulation 2005.

The Model Code of Conduct sets the minimum standards of conduct for council officials. It is prescribed by regulation to assist council officials to:

  • understand and comply with the standards of conduct that are expected of them
  • enable them to fulfil their statutory duty to act honestly and exercise a reasonable degree of care and diligence (section 439)
  • act in a way that enhances public confidence in local government.

All councils (including county councils) and joint organisations must adopt a code of conduct that incorporates the provisions of the Model Code of Conduct. A council’s or joint organisation’s adopted code of conduct may also include provisions that supplement the Model Code of Conduct and that extend its application to persons that are not “council officials” for the purposes of the Model Code of Conduct (eg volunteers, contractors and members of wholly advisory committees).

A council’s or joint organisation’s adopted code of conduct has no effect to the extent that it is inconsistent with the Model Code of Conduct. However, a council’s or joint organisation’s adopted code of conduct may prescribe requirements that are more onerous than those prescribed in the Model Code of Conduct.

Councillors, administrators, members of staff of councils, delegates of councils, (including members of council committees that are delegates of a council) and any other person a council’s adopted code of conduct applies to, must comply with the applicable provisions of their council’s code of conduct.

Breaches of a council’s or joint organisation’s code of conduct are to be dealt with in accordance with the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW. All councils (including county councils) and joint organisations must adopt procedures for the administration of their codes of conduct that incorporate the provisions of the Model Procedures.

 

Key Resources

 

For further information, contact OLG’s Council Governance Team on (02) 4428 4100 or via email olg@olg.nsw.gov.au.