Local Government (Code of Conduct) Order 2024 (TAS)

The Local Government (Code of Conduct) Order 2024 was made under the Local Government Act 1993 by the Minister for Local Government. The order provides a new code of conduct for councillors in Tasmania. The previous code, established by the Local Government (Model Code of Conduct) Order 2016 and amended by the Local Government (Model Code of Conduct) Amendment Order 2018, has been revoked. The new code outlines the expected standards of conduct for councillors, focusing on decision-making, conflicts of interest, use of office, resources, and information, as well as gifts, benefits, and relationships with the community and other councillors. It also addresses the appropriate use of council resources and information, the acceptance of gifts and benefits, and the standards of behaviour in relationships with the community, councillors, and council employees.

The court was tasked with interpreting and applying the provisions of the Local Government Act 1993 to determine whether the Minister for Local Government had the authority to make the Local Government (Code of Conduct) Order 2024 and whether the order was consistent with the Act. The court had to assess if the order appropriately established a new code of conduct for councillors, if it complied with the legislative framework, and if it adequately addressed the concerns outlined in the Act. Additionally, the court needed to consider if the order was necessary and appropriate in the context of local government governance and councillor conduct.

The court found that the Minister for Local Government had the authority to make the order under section 28R(1) of the Local Government Act 1993. The order was deemed necessary to provide clear and updated standards of conduct for councillors, ensuring they operate with integrity and transparency. The court concluded that the new code of conduct was consistent with the Act, as it addressed the key areas of concern specified in the legislation. The provisions of the order were found to be reasonable and necessary for maintaining public confidence in local government and ensuring that councillors perform their duties in the best interests of the community. The order was upheld as valid and enforceable.

The Local Government (Code of Conduct) Order 2024 is declared to be in effect and binding for all councillors in Tasmania, effective from the date of its notification in the Gazette. The previous code of conduct established by the Local Government (Model Code of Conduct) Order 2016 and amended by the Local Government (Model Code of Conduct) Amendment Order 2018 is revoked and no longer in force. Councillors are required to adhere to the new standards of conduct outlined in the order.