Local Government (Model Code of Conduct) Amendment Order 2018 (Rescinded) (TAS)

The Local Government (Model Code of Conduct) Amendment Order 2018 was rescinded by the Local Government (Code of Conduct) Order 2024. The amendment order, which was intended to modify the conduct of local government officials in Tasmania, was challenged in the Federal Court of Australia. The court was asked to determine the validity of the rescission process and whether the necessary legislative procedures were followed. The central issue was whether the rescission complied with the statutory requirements for legislative amendments and whether it was procedurally fair.

The court examined the statutory framework governing the rescission of statutory rules and found that the rescission process followed the necessary legislative requirements. The court confirmed that the rescission was valid, as it adhered to the statutory provisions outlined in the Local Government Act 1993. The court also considered whether the rescission was procedurally fair, taking into account the notice provided to stakeholders and the opportunity for consultation. The court concluded that the rescission was procedurally fair, as adequate notice was given and there was an opportunity for stakeholders to provide feedback.

In light of the court's findings, the rescission of the Local Government (Model Code of Conduct) Amendment Order 2018 was upheld. The court confirmed that the rescission complied with the statutory requirements and was procedurally fair. The court's decision provides clarity on the legislative process for rescinding statutory rules and reinforces the importance of following statutory provisions and ensuring procedural fairness.