Local Government (General) Amendment (Conduct) Regulation 2020 (NSW)

New South Wales

Local Government (General) Amendment

(Conduct) Regulation 2020

under the

Local Government Act 1993

Her Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Local Government Act 1993.

SHELLEY HANCOCK, MP

Minister for Local Government

Explanatory note

The objects of this Regulation are—

(a)	to update references to a new Model Code of Conduct for local councils published on 7 August 2020, and
(b)	to make further provision for the expulsion of councillors and members of the public from a council meeting, and

(c) to require council meetings to be broadcast live or recorded and published on the council’s website. This Regulation is made under the Local Government Act 1993, including sections 10(3), 440 and 748 (the general regulation-making power) and Schedule 6.

Local Government (General) Amendment (Conduct) Regulation 2020 [NSW]

Local Government (General) Amendment (Conduct) Regulation

2020

under the

Local Government Act 1993

1      Name of Regulation

This Regulation is the Local Government (General) Amendment (Conduct)

Regulation 2020.

2      Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Local Government (General) Amendment (Conduct) Regulation 2020 [NSW]

Schedule 1 Amendment of Local Government (General) Regulation 2005

Schedule 1	Amendment of Local Government (General)
Regulation 2005

[1]      Clause 180 Content of model code of conduct

Omit “14 December 2018” wherever occurring in clause 180(1) and (2).

Insert instead “7 August 2020”.

[2]      Clauses 180(1) (note), 181 (note) and 232 (note)

Omit the notes.

[3]      Clause 181 Model procedure for administering the model code of conduct

Omit “14 December 2018”. Insert instead “7 August 2020”.

[4]      Clause 182 Acts of disorder

Insert “or a member of staff or delegate of a council” after “councillor” in clause 182(d).

[5]      Clause 233 Expulsion for acts of disorder

Omit “or (b)” from clause 233(1)(a). Insert instead “, (b) or (e)”.

[6]      Clause 233(3)

Insert after clause 233(2)—

(3) A person (other than a councillor) may, as provided by section 10(2)(a) or (b) of the Act, be expelled from a meeting of a council for having engaged in disorderly conduct at the meeting.

[7]      Clause 236

Insert after clause 235—

236 Councils to broadcast meetings online

(1)

Each meeting of a council or council committee is to be recorded by means of
an audio or audio visual device.

(2)

The recording is to be made publicly available on the council’s website—

(a)	at the same time as the meeting is taking place, or
(b)	as soon as practicable after the meeting.

(3)

The recording of a meeting is to be made publicly available on the council’s
website for at least 12 months after the meeting.

(4)

At the start of each meeting of a council or council committee, the chairperson
must inform the persons attending the meeting that—

(a)	the meeting is being recorded and made publicly available on the council’s website, and
(b)	persons attending the meeting should refrain from making any defamatory statements.

(5)

This clause does not apply to—

(a)	any part of a meeting that has been closed to the public in accordance with section 10A of the Act, or
(b)	a joint organisation, unless the joint organisation otherwise resolves.

Local Government (General) Amendment (Conduct) Regulation 2020 [NSW]

Schedule 1 Amendment of Local Government (General) Regulation 2005

(6) In this clause, council committee means a committee of a council all the
members of which are councillors.

[8]      Clauses 420–423

Omit the clauses.