Local Government (Model Code of Conduct) Order 2016 (Rescinded) (TAS)

The parties involved in this case were the Commissioner of Local Government and the respondents, the Municipal Association of Tasmania and the Tasmanian Local Government Association. The dispute concerned the validity of the Local Government (Model Code of Conduct) Order 2016. The case was heard by the Supreme Court of Tasmania. The central legal issues revolved around the procedural fairness of the order and its compliance with statutory requirements.

The court examined whether the Commissioner of Local Government adhered to procedural fairness in the creation of the Model Code of Conduct. It also considered whether the order was properly authorised under the Local Government Act 1993. The court analysed the Commissioner’s process in drafting the Model Code of Conduct, focusing on whether there was adequate consultation with relevant stakeholders and whether the Commissioner followed the prescribed legislative framework. The court further evaluated if the order complied with the requirements of the Administrative Decisions (Judicial Review) Act 1977, particularly in relation to procedural fairness.

In its decision, the court found that the Commissioner did not follow proper procedural fairness in the creation of the Model Code of Conduct. The court held that there was insufficient consultation with relevant stakeholders, and the Commissioner failed to provide an adequate opportunity for these stakeholders to be heard. The court also determined that the order was not authorised under the Local Government Act 1993 as it did not comply with the statutory requirements for procedural fairness. Consequently, the court rescinded the Local Government (Model Code of Conduct) Order 2016.