Local Government Act 1993
An Act to provide for local government and establish councils to plan for, develop and manage municipal areas in the interests of their communities
[Royal Assent 23 December 1993]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Local Government Act 1993 .
This Act commences on a day or days to be proclaimed.
[Section 3 Amended by No. 59 of 1996, s. 3 ]In this Act, unless the contrary intention appears –[Section 3 Amended by No. 47 of 2017, s. 4, Applied:22 Nov 2017][Section 3 Amended by No. 47 of 2017, s. 4, Applied:22 Nov 2017] absolute majority means –[Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] [Section 3 Amended by No. 18 of 2021, s. 243, Applied:05 Nov 2021](a) if no councillors are suspended, more than half of the number of councillors to be elected to a council; or(b) if one or more councillors are suspended, more than half of the number of councillors to be elected to a council after subtracting the number of councillors who are suspended;[Section 3 Amended by No. 18 of 2021, s. 243, Applied:05 Nov 2021] Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal;[Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] approved means approved by the Tasmanian Electoral Commission;[Section 3 Amended by No. 41 of 1998, s. 4, Applied:18 Dec 1998] [Section 3 Amended by No. 34 of 1999, s. 4, Applied:30 Jun 1999] [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] assets, for the purpose of Parts 3 and 12A and section 226A , includes –(a) any real or personal property; and(b) any estates or interests in any real or personal property; and(c) any rights, obligations or liabilities;[Section 3 Amended by No. 47 of 2017, s. 4, Applied:22 Nov 2017] audit panel means the audit panel established under section 85 ;[Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] authorised person means a person authorised under section 20A ;[Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] ballot material means –(a) a ballot paper; and(b) instructions for the completion of the ballot paper and the manner in which the ballot paper is to be returned; and(c) the envelope or envelopes to be used for the return of the ballot paper; and(d) statements of candidates;[Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] Board means the Local Government Board established under section 210 ;Board of Inquiry means a Board of Inquiry established under section 215 ;by-election means a by-election held under Division 9 of Part 15 ;by-laws means by-laws made by a council under Part 11 ;[Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] candidate means a person whose nomination for an election under Part 15 has been accepted under section 272 ;certificate of election means a certificate issued under section 304 ;[Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] chief executive officer means, in relation to a single authority or joint authority, the person responsible for the administration and operation of that authority;close associate means a person referred to in section 51 ;[Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] closing day means the day referred to in section 268A ;[Section 3 Amended by No. 29 of 2015, s. 4, Applied:13 Apr 2016] [Section 3 Amended by No. 23 of 2023, s. 4, Applied:10 Sep 2024][Section 3 Amended by No. 23 of 2023, s. 4, Applied:10 Sep 2024] code of conduct means the code of conduct made by the Minister, and in force, under section 28R ;[Section 3 Amended by No. 29 of 2015, s. 4, Applied:13 Apr 2016] code of conduct complaint means a complaint made under section 28V and, where appropriate, includes a part of such a complaint;[Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] [Section 3 Amended by No. 29 of 2015, s. 4, Applied:13 Apr 2016] Code of Conduct Panel means the Code of Conduct Panel established under section 28K ;community means the community of a municipal area;[Section 3 Amended by No. 34 of 1999, s. 4, Applied:30 Jun 1999] competitive neutrality principles means the national competition policy competitive neutrality principles referred to in clause 3 of the Competition Principles Agreement made between the Commonwealth, the States and the Territories;[Section 3 Amended by No. 34 of 1999, s. 4, Applied:30 Jun 1999] controlling authority means an authority established under section 29 ;council means a council established under section 18 ;council committee means a council committee established under section 23 ;[Section 3 Amended by No. 11 of 2026, s. 4, Applied:01 Sep 2026] councillor means a person elected to a council and includes the Lord Mayor, Deputy Lord Mayor, mayor and deputy mayor;[Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] declaration of a poll means a declaration under section 303 ;[Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005]deputy mayor includes the Deputy Lord Mayor;Director means the Director of Local Government appointed under section 334 ;[Section 3 Amended by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] Director, MPES means the Director, Monetary Penalties Enforcement Service appointed under section 8 of the Monetary Penalties Enforcement Act 2005 ;[Section 3 Amended by No. 23 of 2023, s. 4, Applied:10 Sep 2024] dispute resolution process, in relation to a council, means the process of resolving a dispute that is performed in accordance with the dispute resolution policy adopted by the council in accordance with section 28JA ;[Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] election agent means a person authorised by the candidate to act as his or her agent in connection with the candidate's campaign for election;elector means a person entitled to vote in an election or by-election under Part 15 ;elector poll means a poll conducted under Part 6 ;[Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] electoral advertising means any advertising, by any of the following means, that is directly or indirectly in respect of a campaign for election by a candidate or intending candidate:(a) any notice, sign or poster;(b) any pamphlet or handbill;(c) any "how-to-vote" card;(d) any print medium;(e) any broadcast by radio or television;(f) [Section 3 Amended by No. 47 of 2017, s. 44, Applied:01 Aug 2018] on the internet;[Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] electoral area means the municipal area or electoral district in which an election is to be held;[Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] Electoral Commissioner means the person holding that office under the Electoral Act 2004 ;electoral district means an electoral district referred to in section 17 ;[Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] electoral material means –(a) ballot papers; and(b) declarations under section 284 ;[Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] electoral officer means a person appointed as such under section 265 ;[Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] electoral officer in charge means an electoral officer appointed under section 265(2) to be in charge of an issuing place;[Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] electoral roll means a roll kept under section 258 ;[Section 3 Amended by No. 29 of 2015, s. 4, Applied:13 Apr 2016] Executive Officer means the Executive Officer appointed under section 28M ;financial year means a period of 12 months starting on 1 July in one year and ending on 30 June in the next year;[Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] [Section 3 Amended by No. 11 of 2026, s. 4, Applied:01 Sep 2026][Section 3 Amended by No. 11 of 2026, s. 4, Applied:01 Sep 2026] general manager means the person appointed under section 61 (however described) and, in Part 15 , includes a person nominated under section 253A ;[Section 3 Amended by No. 21 of 2000, s. 20, Applied:01 Jul 2000] GST law has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;[Section 3 Amended by No. 23 of 2023, s. 4, Applied:10 Sep 2024] initial assessor, in relation to a code of conduct complaint, means the person appointed under section 28ZA(1AA) to be the initial assessor for the complaint;[Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] intending candidate means a person who has publicly declared the intention to nominate for an election under Part 15 ;[Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] issuing place means a place appointed under section 263 ;[Section 3 Amended by No. 23 of 2023, s. 4, Applied:10 Sep 2024] investigating Panel, in respect of a code of conduct complaint, means the panel convened under section 28L to investigate and determine the complaint;[Section 3 Amended by No. 34 of 1999, s. 4, Applied:30 Jun 1999] joint authority means an authority established under section 30 ;[Section 3 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] legal practitioner means an Australian legal practitioner;[Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] list of electors means the list prepared under section 261 ;[Section 3 Amended by No. 11 of 2026, s. 4, Applied:01 Sep 2026] local government charter means a local government charter issued by the Minister, and in force, under section 20 ;[Section 3 Amended by No. 34 of 1999, s. 4, Applied:30 Jun 1999]mayor includes the Lord Mayor;[Section 3 Amended by No. 34 of 1999, s. 4, Applied:30 Jun 1999] member means –[Section 3 Amended by No. 29 of 2015, s. 4, Applied:13 Apr 2016] [Section 3 Amended by No. 23 of 2023, s. 4, Applied:10 Sep 2024](a) a member of a special committee or a controlling authority; and(b) a person representing a single authority council or a joint authority council on a single authority or a joint authority; and(c) a member of the board of management of a single authority or a joint authority;[Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] municipal area means an area referred to in section 16 and, in Part 15 , includes a proposed municipal area;[Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] [Section 3 Amended by No. 47 of 2017, s. 4, Applied:22 Nov 2017] nomination period means the period beginning at 9 a.m. on the 8th Monday immediately before the closing day and ending at noon on the 6th Monday immediately before the closing day;[Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] notice of election means the notice of election under section 269 ;[Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] ordinary election means an election under Part 15 that is not a by-election;[Section 3 Amended by No. 34 of 1999, s. 4, Applied:30 Jun 1999][Section 3 Amended by No. 34 of 1999, s. 4, Applied:30 Jun 1999] participating council means a council that, together with one or more councils, establishes a joint authority;[Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] partner means a partner within the meaning of the Relationships Act 2003 ;[Section 3 Amended by No. 47 of 2017, s. 4, Applied:22 Nov 2017] performance improvement direction means a direction issued to a council or councillor under section 214M ;[Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] polling period means a period of at least 10 days, excluding any Saturday, Sunday or statutory holiday as defined in the Statutory Holidays Act 2000 , ending on closing day;[Section 3 Amended by No. 23 of 2023, s. 4, Applied:10 Sep 2024] prohibited conduct means –(a) discrimination, or prohibited conduct, within the meaning of the Anti-Discrimination Act 1998 that is not the subject to an exception or exemption under Part 5 of that Act; or(b) such other conduct, or behaviour, that is prescribed as prohibited conduct;[Section 3 Amended by No. 41 of 1998, s. 4, Applied:18 Dec 1998] [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] proposed municipal area means a municipal area that is to come into existence as a result of an order under section 214E ;[Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005][Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] public land means public land as specified in section 177A(1) ;[Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] public office means –(a) in the case of a municipal area, the place at which a council carries on its administrative activities; or(b) in the case of a proposed municipal area, the place at which a council or councils of that proposed municipal area carry out their administrative activities;rateable land means land in respect of which rates are payable;rates notice means a notice referred to in section 122 ;[Section 3 Amended by No. 7 of 2011, s. 4, Applied:06 Jun 2011] regulations means the regulations made under this Act;[Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] relevant period means the period starting on the 30th day before the date of notice of election and ending at the end of the polling period;[Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] returning officer means a person appointed as such under section 264 ;[Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] review means a review carried out by the Board under Part 12A ;[Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] roll closure day means the day on which the electoral roll for an electoral area is closed under section 260 ;[Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] scrutineer means a person appointed as such under section 292 ;simple majority means the majority of councillors of a council present and able to vote at a meeting of the council or council committee;[Section 3 Amended by No. 34 of 1999, s. 4, Applied:30 Jun 1999] single authority means an authority established under section 30 ;[Section 3 Amended by No. 34 of 1999, s. 4, Applied:30 Jun 1999] single authority council means a council that establishes a single authority;special committee means a special committee established under section 24 ;[Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] [Section 3 Amended by No. 29 of 2015, s. 4, Applied:13 Apr 2016][Section 3 Amended by No. 19 of 2013, s. 4, Applied:20 Jun 2013] Tasmanian Electoral Commission means the Tasmanian Electoral Commission established by section 6 of the Electoral Act 2004 ;[Section 3 Amended by No. 11 of 2026, s. 4, Applied:01 Sep 2026] temporary advisor means a person appointed to be a temporary advisor to a council under section 214Q ;[Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] vehicle means a vehicle within the meaning of the Traffic Act 1925 and a bicycle;[Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] [Section 3 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] [Section 3 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] [Section 3 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] [Section 3 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] [Section 3 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009]
PART 2 - . . . . . . . .[Part 2 Repealed by No. 8 of 2005, s. 5, Applied:01 Jul 2005]
Division 1 - . . . . . . . .[Division 1 of Part 2 Repealed by No. 8 of 2005, s. 5, Applied:01 Jul 2005] [Section 4 Subsection (2) amended by No. 88 of 1995, s. 4 ][Section 4 Subsection (2) amended by S.R. 2002, No. 136, Applied:04 Dec 2002] [Section 4 Subsection (5) omitted by No. 38 of 2000, s. 4, Applied:14 Jul 2000] [Section 4 Repealed by No. 8 of 2005, s. 5, Applied:01 Jul 2005] . . . . . . . . [Section 5 Repealed by No. 8 of 2005, s. 5, Applied:01 Jul 2005] . . . . . . . . [Section 6 Substituted by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 6 Repealed by No. 8 of 2005, s. 5, Applied:01 Jul 2005] . . . . . . . . [Section 7 Repealed by No. 8 of 2005, s. 5, Applied:01 Jul 2005] . . . . . . . .
Division 2 - . . . . . . . .[Division 2 of Part 2 Heading amended by No. 38 of 2000, s. 5, Applied:14 Jul 2000] [Division 2 of Part 2 Repealed by No. 8 of 2005, s. 5, Applied:01 Jul 2005] [Section 8 Subsection (1) amended by No. 38 of 2000, s. 6, Applied:14 Jul 2000] [Section 8 Subsection (1A) inserted by No. 38 of 2000, s. 6, Applied:14 Jul 2000] [Section 8 Subsection (3) substituted by No. 38 of 2000, s. 6, Applied:14 Jul 2000] [Section 8 Repealed by No. 8 of 2005, s. 5, Applied:01 Jul 2005] . . . . . . . . [Section 9 Subsection (1) amended by No. 38 of 2000, s. 7, Applied:14 Jul 2000] [Section 9 Subsection (1) amended by No. 41 of 1998, s. 5, Applied:18 Dec 1998] [Section 9 Subsection (1) amended by No. 41 of 1998, s. 5, Applied:18 Dec 1998] [Section 9 Subsection (1) amended by No. 38 of 2000, s. 7, Applied:14 Jul 2000] [Section 9 Subsection (2) substituted by No. 38 of 2000, s. 7, Applied:14 Jul 2000] [Section 9 Subsection (3) inserted by No. 38 of 2000, s. 7, Applied:14 Jul 2000] [Section 9 Repealed by No. 8 of 2005, s. 5, Applied:01 Jul 2005] . . . . . . . . [Section 10 Subsection (2A) inserted by No. 38 of 2000, s. 8, Applied:14 Jul 2000] [Section 10 Subsection (3) substituted by No. 71 of 1995, s. 3 and Sched. 1 ][Section 10 Repealed by No. 8 of 2005, s. 5, Applied:01 Jul 2005] . . . . . . . . [Section 11 Subsection (6) inserted by No. 38 of 2000, s. 9, Applied:14 Jul 2000] [Section 11 Subsection (7) inserted by No. 38 of 2000, s. 9, Applied:14 Jul 2000] [Section 11 Repealed by No. 8 of 2005, s. 5, Applied:01 Jul 2005] . . . . . . . . [Section 12 Subsection (1) amended by No. 88 of 1995, s. 5 ][Section 12 Subsection (1) amended by No. 41 of 1998, s. 6, Applied:18 Dec 1998] [Section 12 Subsection (1) amended by No. 41 of 1998, s. 6, Applied:18 Dec 1998] [Section 12 Subsection (1) amended by No. 41 of 1998, s. 6, Applied:18 Dec 1998] [Section 12 Subsection (1) amended by No. 34 of 1999, s. 5, Applied:30 Jun 1999] [Section 12 Subsection (1) amended by No. 38 of 2000, s. 10, Applied:14 Jul 2000] [Section 12 Subsection (2) substituted by No. 41 of 1998, s. 6, Applied:18 Dec 1998] [Section 12 Subsection (4) amended by No. 34 of 1999, s. 5, Applied:30 Jun 1999] [Section 12 Subsection (4) amended by No. 88 of 1995, s. 5 ][Section 12 Subsection (5) inserted by No. 41 of 1998, s. 6, Applied:18 Dec 1998] [Section 12 Subsection (6) inserted by No. 41 of 1998, s. 6, Applied:18 Dec 1998] [Section 12 Subsection (7) inserted by No. 41 of 1998, s. 6, Applied:18 Dec 1998] [Section 12 Repealed by No. 8 of 2005, s. 5, Applied:01 Jul 2005] . . . . . . . . [Section 13 Substituted by No. 41 of 1998, s. 7, Applied:18 Dec 1998] [Section 13 Repealed by No. 8 of 2005, s. 5, Applied:01 Jul 2005] . . . . . . . . [Section 14 Subsection (1) amended by No. 41 of 1998, s. 8, Applied:18 Dec 1998] [Section 14 Subsection (1) amended by No. 41 of 1998, s. 8, Applied:18 Dec 1998] [Section 14 Subsection (3) inserted by No. 41 of 1998, s. 8, Applied:18 Dec 1998] [Section 14 Subsection (4) inserted by No. 41 of 1998, s. 8, Applied:18 Dec 1998] [Section 14 Subsection (5) inserted by No. 41 of 1998, s. 8, Applied:18 Dec 1998] [Section 14 Subsection (6) inserted by No. 41 of 1998, s. 8, Applied:18 Dec 1998] [Section 14 Subsection (7) inserted by No. 41 of 1998, s. 8, Applied:18 Dec 1998] [Section 14 Repealed by No. 8 of 2005, s. 5, Applied:01 Jul 2005] . . . . . . . . [Section 15 Subsection (1) amended by No. 41 of 1998, s. 9, Applied:18 Dec 1998] [Section 15 Repealed by No. 8 of 2005, s. 5, Applied:01 Jul 2005] . . . . . . . .
Division 3 - . . . . . . . .[Division 3 of Part 2 Inserted by No. 38 of 2000, s. 11, Applied:14 Jul 2000] [Division 3 of Part 2 Repealed by No. 8 of 2005, s. 5, Applied:01 Jul 2005] [Section 15A of Part 2 Inserted by No. 38 of 2000, s. 11, Applied:14 Jul 2000] [Section 15A Repealed by No. 8 of 2005, s. 5, Applied:01 Jul 2005] . . . . . . . . [Section 15B of Part 2 Inserted by No. 38 of 2000, s. 11, Applied:14 Jul 2000] [Section 15B Repealed by No. 8 of 2005, s. 5, Applied:01 Jul 2005] . . . . . . . . [Section 15C of Part 2 Inserted by No. 38 of 2000, s. 11, Applied:14 Jul 2000] [Section 15C Repealed by No. 8 of 2005, s. 5, Applied:01 Jul 2005] . . . . . . . .
PART 3 - Local Government
Division 1 - Municipal areas and electoral districts
(1) The State is divided into municipal areas.(2) [Section 16 Subsection (2) amended by No. 11 of 2026, s. 5, Applied:01 Sep 2026] [Section 16 Subsection (2) substituted by No. 41 of 1998, s. 10, Applied:18 Dec 1998] A municipal area is an area specified in column 2 of Schedule 3 .(3) A municipal area includes –(a) any accretion from the sea adjoining it; and(b) [Section 16 Subsection (3) amended by No. 19 of 2017, s. 4, Applied:23 Jun 2017] any part of the sea-shore to the low-water mark adjoining it; and(c) [Section 16 Subsection (3) amended by No. 19 of 2017, s. 4, Applied:23 Jun 2017] any bridge, jetty, wharf, boat-house, or other structure, that –and any area of land, adjoining the bridge, jetty, wharf, boat-house, or other structure, over which has been granted a right to occupation of the seabed, which right is necessary to enable the use of the bridge, jetty, wharf, boat-house, or other structure.(i) adjoins the municipal area; or(ii) is situated partly within a municipal area and partly on or over an area of the seabed that is adjacent to the municipal area –(4) [Section 16 Subsection (4) amended by No. 8 of 2005, s. 6, Applied:01 Jul 2005] [Section 16 Subsection (4) substituted by No. 41 of 1998, s. 10, Applied:18 Dec 1998] [Section 16 Subsection (4) substituted by No. 47 of 2017, s. 5, Applied:22 Nov 2017] The Minister, on receiving a report on a review made under section 214D that recommends an adjustment of the boundary of a municipal area or the boundary of an electoral district within a municipal area, regardless of whether the adjustment is minor or significant in nature, may recommend to the Governor that an order be made so adjusting that boundary.(4A) [Section 16 Subsection (4A) inserted by No. 47 of 2017, s. 5, Applied:22 Nov 2017] The Minister –may recommend to the Governor that an order be made so adjusting that boundary.(a) on receiving –a recommendation that an adjustment, that is minor in nature, be made to the boundary of a municipal area, or the boundary of an electoral district within a municipal area; and(i) from the Board, made otherwise than in a report on a review made under section 214D ; or(ii) from the Director –(b) if satisfied that all owners of land who would be affected by the adjustment have been consulted by the relevant councils and have consented, in writing, to the adjustment –(5) [Section 16 Subsection (5) substituted by No. 41 of 1998, s. 10, Applied:18 Dec 1998] [Section 16 Subsection (5) substituted by No. 47 of 2017, s. 5, Applied:22 Nov 2017] The Governor, by order and on the recommendation of the Minister under subsection (4) or (4A) , may do one or both of the following:(a) adjust a boundary of a municipal area;(b) if the municipal area is divided into electoral districts, adjust any boundary of any electoral district as may be necessary.(5AA) [Section 16 Subsection (5AA) amended by No. 11 of 2026, s. 5, Applied:01 Sep 2026] [Section 16 Subsection (5AA) inserted by No. 34 of 2018, s. 4, Applied:10 Dec 2018] The Governor, by order, may amend or substitute any item in column 2 of Schedule 3 or substitute that Schedule so as to give effect to an order made under subsection (5) .(5A) [Section 16 Subsection (5A) inserted by No. 41 of 1998, s. 10, Applied:18 Dec 1998] A council affected by an adjustment under subsection (5) is to pay the costs associated with that adjustment.(5B) [Section 16 Subsection (5B) amended by No. 11 of 2026, s. 5, Applied:01 Sep 2026] [Section 16 Subsection (5B) inserted by No. 41 of 1998, s. 10, Applied:18 Dec 1998] Each municipal area is defined by reference to the relevant plan or plans specified in column 2 of Schedule 3.(6) [Section 16 Subsection (6) amended by No. 11 of 2026, s. 5, Applied:01 Sep 2026] [Section 16 Subsection (6) amended by No. 8 of 2005, s. 6, Applied:01 Jul 2005] [Section 16 Subsection (6) amended by No. 41 of 1998, s. 10, Applied:18 Dec 1998] The Governor, on the recommendation of the Minister, may amend or substitute any item in column 2 of Schedule 3 or substitute that Schedule in an order made under section 214E relating to municipal areas to give effect to that order.
[Section 16A Inserted by No. 34 of 1999, s. 6, Applied:30 Jun 1999](1) A city is an area specified in column 1 of Schedule 3B .(2) The name of each city is specified in column 2 of Schedule 3B .(3) A city is defined by reference to the relevant plan specified in column 3 of Schedule 3B .(4) [Section 16A Subsection (4) amended by No. 8 of 2005, s. 7, Applied:01 Jul 2005] The Governor, on the recommendation of the Minister, may amend or substitute any item in column 1, 2 or 3 of Schedule 3B or substitute that Schedule in an order made under section 214E relating to cities to give effect to that order.
(1) A municipal area may be divided into 2 or more electoral districts.(2) [Section 17 Subsection (2) amended by No. 11 of 2026, s. 6, Applied:01 Sep 2026] The name of each electoral district of a municipal area is specified in column 6 of Schedule 3 .(3) [Section 17 Subsection (3) amended by No. 11 of 2026, s. 6, Applied:01 Sep 2026] [Section 17 Subsection (3) amended by No. 8 of 2005, s. 8, Applied:01 Jul 2005] The Governor, on the recommendation of the Minister, may amend, substitute or delete any item in column 6 or 7 of Schedule 3 in an order made under section 214E relating to electoral districts to give effect to that order.
Division 2 - Councils
(1) There is established in each municipal area a council.(2) [Section 18 Subsection (2) amended by No. 11 of 2026, s. 7, Applied:01 Sep 2026] The name of each council in a municipal area is specified in column 3 of Schedule 3 next to the name of that municipal area.(3) [Section 18 Subsection (3) substituted by No. 8 of 2005, s. 9, Applied:01 Jul 2005] A meeting of a council is to be conducted in accordance with prescribed procedures.(4) [Section 18 Subsection (4) amended by No. 11 of 2026, s. 7, Applied:01 Sep 2026] [Section 18 Subsection (4) amended by No. 8 of 2005, s. 9, Applied:01 Jul 2005] [Section 18 Subsection (4) amended by No. 34 of 1999, s. 7, Applied:30 Jun 1999] The Governor, on the recommendation of the Minister, may amend or substitute column 3 of Schedule 3 or substitute that Schedule in an order made under section 214E relating to councils to give effect to that order.
(1) A council is a body corporate with perpetual succession and a common seal.(2) The corporate name of a council –(a) [Section 19 Subsection (2) amended by No. 34 of 1999, s. 8, Applied:30 Jun 1999] in a municipal area in which there is a city, is to contain the name of the city or the name of the municipal area; or(b) in a municipal area which is not a city, is to contain the name of the municipal area.(3) The common seal is to be kept and used as authorized by the council.(4) [Section 19 Subsection (4) omitted by No. 8 of 2005, s. 10, Applied:01 Jul 2005] . . . . . . . .(5) The execution of a document sealed by a council is to be attested by such persons as the council determines.(6) [Section 19 Subsection (6) amended by No. 8 of 2005, s. 10, Applied:01 Jul 2005] All courts and persons acting judicially must take judicial notice of the common seal on a document and presume that it was duly sealed by a council.
[Section 19A Inserted by No. 11 of 2026, s. 8, Applied:01 Sep 2026](1) The role of a council is to support and improve the wellbeing of the community by –(a) harnessing and building on the unique strengths and capabilities of the community; and(b) providing infrastructure and services that, to be effective, require local approaches; and(c) representing and advocating for the specific needs and interests of the community in regional, state-wide and national decision-making; and(d) promoting the social, economic and environmental sustainability of the community, including by planning for and adapting to climate change risks in the exercise of its functions.(2) In performing its role, a council may –(a) perform any duties or functions or exercise any powers conferred on a council by or under this Act or any other Act; and(b) perform any other functions that the council determines are reasonably necessary to enable the council to perform its role.(3) A council may do anything necessary or convenient to perform its role either within or outside its municipal area.(4) A council may transfer to a single authority or a joint authority –(a) any of its assets and liabilities on any condition it determines; or(b) any of its employees.(5) A council may –(a) acquire, hold, dispose of and otherwise deal with property; and(b) sue and be sued in its corporate name.
[Section 20 Subsection (1) amended by No. 38 of 2000, s. 12, Applied:14 Jul 2000] [Section 20 Subsection (3) substituted by No. 34 of 1999, s. 9, Applied:30 Jun 1999] [Section 20 Substituted by No. 8 of 2005, s. 11, Applied:01 Jul 2005] [Section 20 Substituted by No. 11 of 2026, s. 8, Applied:01 Sep 2026](1) The Minister, by order, may issue a local government charter.(2) A charter issued under subsection (1) must be consistent with this Act and is to –(a) provide clarity and guidance on the role of councils referred to in section 19A and support councils in performing that role; and(b) specify principles and practices to guide when and how councils may undertake functions that are not directly related to, or that extend beyond, performing that role; and(c) specify principles to be followed by councils in relation to –(i) good governance; and(ii) financial management; and(iii) community engagement; and(iv) collaboration and coordination with other councils on matters of shared interest or regional issues; and(d) specify principles and processes by which the Tasmanian Government will support councils to perform their role, including in connection with consultation and engagement between the Tasmanian Government and local government; and(e) contain such other matters as may be prescribed.(3) A council is to have regard to any charter issued by the Minister under this section when performing its functions and exercising its powers.(4) The Minister is to ensure that any charter issued under this section is reviewed at least once in each 5-year period.(5) The Minister may amend, revoke, or revoke and substitute an order under this section.(6) Before making, amending or revoking and substituting an order, the Minister must consult with –as to the matters that the Minister is considering including in the order, the amended order or the substitute order.(a) councils; and(b) the Local Government Association of Tasmania; and(c) the public –(7) Section 47(3) , (3A) , (4) , (5) , (6) and (7) of the Acts Interpretation Act 1931 applies to an order under this section as if the order were regulations within the meaning of that Act.(8) An order under this section is subordinate legislation for the purposes of the Subordinate Legislation Act 1992 .(9) An order under this section may be combined with an order under one or more of the following sections:(a) section 27A ;(b) section 28AA ;(c) section 62A ;(d) section 62B .
[Section 20A Inserted by No. 34 of 1999, s. 10, Applied:30 Jun 1999] [Section 20A Substituted by No. 8 of 2005, s. 11, Applied:01 Jul 2005](1) In order that a council may perform its functions or exercise its powers under this or any other Act, the general manager may authorise a person to enter land for a specific purpose or in general.(2) An authorised person need not be an employee of a council.(3) The general manager must give notice to the owner or occupier of the land before entry is made under subsection (1) unless –(a) an emergency exists; or(b) the entry is in relation to an application by the owner or occupier for a licence, permit or other approval given by the council; or(c) notice would defeat the purpose of the entry.(4) A person entering land under this section is to produce the identity card issued to that person under section 20B .(5) The general manager may revoke an authority under this section.
[Section 20B Inserted by No. 8 of 2005, s. 11, Applied:01 Jul 2005](1) The general manager is to ensure that a person authorised to enter land pursuant to section 20A is issued with an identity card.(2) An identity card is to –(a) specify the name of the person; and(b) contain a recent photograph of the person; and(c) specify the date of issue; and(d) specify the council or agent of the council that employs the person.(3) A person whose authority is revoked under section 20A(5) must return his or her identity card to the general manager within 3 days of the revocation.Penalty: Fine not exceeding 10 penalty units.
(1) In carrying out any of its functions, a council may –(a) [Section 21 Subsection (1) amended by No. 34 of 1999, s. 11, Applied:30 Jun 1999] form or participate in the formation and operation of a corporation, trust, partnership or other body; and(b) subscribe for, or otherwise acquire and dispose of, shares in or debentures or other securities of a corporation; and(c) become a member of a company limited by guarantee; and(d) subscribe for, or otherwise acquire and dispose of, units in a trust; and(e) acquire and dispose of an interest in a partnership or other body; and(f) enter into partnership or into any arrangement for sharing of profits, union of interest, cooperation, joint venture, reciprocal concession or otherwise, with any person carrying on, or engaged in, or about to carry on or engage in, any business or transaction capable of being conducted so as to directly or indirectly benefit the community; and(g) undertake a project or activity not directly authorized by this or another Act for the purpose of raising revenue.(1A) [Section 21 Subsection (1A) inserted by No. 8 of 2005, s. 12, Applied:01 Jul 2005] A motion by a council to exercise any of its powers under subsection (1) must be accompanied by a statement of the objectives of the exercise of that power.(2) A council must obtain the approval of the Minister before exercising any of its powers under subsection (1) if the exercise of that power would –(a) involve an expenditure of at least $250 000 or 5% or more of its general rates revenue for the previous financial year, whichever is the greater; or(b) extend the council's expenditure required to service its total borrowings to an amount in excess of 30% of its revenue other than grants made to the council for the previous financial year.(3) Before giving an approval, the Minister may require a council to –(a) invite submissions from the public or conduct an elector poll in relation to the proposed exercise of any power; and(b) consider any submissions and the result of an elector poll; and(c) provide any further information the Minister requires.(4) [Section 21 Subsection (4) inserted by No. 34 of 1999, s. 11, Applied:30 Jun 1999] A council may exercise any power under subsection (1) outside the boundaries of its municipal area if that exercise is consistent with the competitive neutrality principles.(5) [Section 21 Subsection (5) inserted by No. 8 of 2005, s. 12, Applied:01 Jul 2005] The general manager is to report to the council –(a) at least once every 3 months in respect of the performance of any activities carried out pursuant to subsection (1) and any strategic issues related to those activities; and(b) any adverse developments that significantly affect or are likely to significantly affect the financial viability, the operating viability or any other aspect of any of those activities.
(1) [Section 22 Subsection (1) amended by No. 8 of 2005, s. 13, Applied:01 Jul 2005] [Section 22 Subsection (1) amended by No. 34 of 1999, s. 12, Applied:30 Jun 1999] Subject to subsection (2) , a council, in writing, may delegate with or without conditions to the general manager, controlling authority, a council committee or a special committee, any of its functions or powers under this or any other Act, other than–(a) this power of delegation, unless authorized by the council; and(b) [Section 22 Subsection (1) amended by No. 34 of 1999, s. 12, Applied:30 Jun 1999] the powers referred to in subsection (3) .(2) A council, in writing, may delegate any of the following powers only to the general manager or a council committee and only on condition that the council has determined appropriate policies and procedures to be followed in relation to those powers:(a) [Section 22 Subsection (2) amended by No. 34 of 1999, s. 12, Applied:30 Jun 1999] the collection of rates and charges under Part 9 ;(ab) [Section 22 Subsection (2) amended by No. 8 of 2005, s. 13, Applied:01 Jul 2005] the postponement of rates and charges;(b) the remission or rebate of rates and charges;(ba) [Section 22 Subsection (2) amended by No. 38 of 2000, s. 13, Applied:14 Jul 2000] the writing off of any debts owed to the council;(c) the making of grants or the provision of benefits.(3) A council must not delegate any of its powers relating to the following:(a) the borrowing of money or other financial accommodation;(b) [Section 22 Subsection (3) amended by No. 34 of 1999, s. 12, Applied:30 Jun 1999] the determination of the categories of expenses payable to councillors and any member of any committee;(c) [Section 22 Subsection (3) amended by No. 8 of 2005, s. 13, Applied:01 Jul 2005] the establishment of council committees, special committees, controlling authorities, single authorities or joint authorities;(d) the revision of the budget or financial estimates of the council;(e) [Section 22 Subsection (3) amended by No. 8 of 2005, s. 13, Applied:01 Jul 2005] the revision of the strategic plan and the annual plan of the council;(f) [Section 22 Subsection (3) amended by No. 8 of 2005, s. 13, Applied:01 Jul 2005] the appointment of the general manager;(fa) [Section 22 Subsection (3) amended by No. 8 of 2005, s. 13, Applied:01 Jul 2005] the sale, donation, exchange or other disposal of land or public land;(fb) [Section 22 Subsection (3) amended by No. 8 of 2005, s. 13, Applied:01 Jul 2005] the decision to exercise any power under section 21(1) ;(g) the making of by-laws;(h) [Section 22 Subsection (3) amended by No. 34 of 1999, s. 12, Applied:30 Jun 1999] the making of rates and charges under Part 9 ;(i) any other prescribed power.(4) The general manager is to –(a) keep a register of any delegation; and(b) make the register available for inspection at a public office.
(1) A council may establish, on such terms as it thinks fit, council committees to assist it in carrying out its functions under this or any other Act.(2) [Section 23 Subsection (2) amended by No. 8 of 2005, s. 14, Applied:01 Jul 2005] A council committee consists of councillors appointed by the council and any councillor who fills a vacancy for a meeting at the request of the council committee.(3) [Section 23 Subsection (3) substituted by No. 8 of 2005, s. 14, Applied:01 Jul 2005] A meeting of a council committee is to be conducted in accordance with prescribed procedures.
(1) A council may establish, on such terms and for such purposes as it thinks fit, special committees.(2) A special committee consists of such persons appointed by the council as the council thinks appropriate.(3) The council is to determine the procedures relating to meetings of a special committee.
Division 3 - Councillors
(1) A council consists of persons elected in accordance with Part 4 .(2) [Section 25 Subsection (2) omitted by No. 11 of 2026, s. 9, Applied:01 Sep 2026] . . . . . . . .(3) [Section 25 Subsection (3) amended by No. 11 of 2026, s. 9, Applied:01 Sep 2026] The number of councillors for each council is specified in column 5 of Schedule 3 next to the name of that council.(4) [Section 25 Subsection (4) amended by No. 8 of 2005, s. 15, Applied:01 Jul 2005] [Section 25 Subsection (4) omitted by No. 11 of 2026, s. 9, Applied:01 Sep 2026] . . . . . . . .(5) Schedule 5 has effect with respect to the office of councillor.
(1) The chairperson of a council is to be known as –(a) [Section 26 Subsection (1) amended by No. 34 of 1999, s. 13, Applied:30 Jun 1999] in the case of the Hobart City Council or its successor, the Lord Mayor; and(b) in the case of any other council, the mayor.(2) The deputy chairperson of the council is to be known as –(a) [Section 26 Subsection (2) amended by No. 34 of 1999, s. 13, Applied:30 Jun 1999] in the case of the Hobart City Council or its successor, the Deputy Lord Mayor; and(b) in the case of any other council, the deputy mayor.
27. Functions of mayors and deputy mayors
(1) [Section 27 Subsection (1) amended by No. 8 of 2005, s. 16, Applied:01 Jul 2005] The functions of a mayor are–(a) [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] to act as a leader of the community of the municipal area; and(b) [Section 27 Subsection (1) amended by No. 8 of 2005, s. 16, Applied:01 Jul 2005] [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] to carry out the civic and ceremonial functions of the mayoral office; and(c) [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] to promote good governance by, and within, the council; and(d) [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] to act as chairperson of the council and to chair meetings of the council in a manner that supports decision-making processes; and(e) [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] to act as the spokesperson of the council; and(f) [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] to represent the council on regional organisations and at intergovernmental forums at regional, state and federal levels; and(g) [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] to lead and participate in the appointment, and the monitoring of the performance, of the general manager; and(h) [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] to liaise with the general manager on –(i) the activities of the council and the performance and exercise of its functions and powers; and(ii) the activities of the general manager and the performance and exercise of his or her functions and powers in supporting the council; and(i) [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] any function imposed by an order under section 27A ; and(j) [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] any other function imposed by this or any other Act.(aa) [Section 27 Subsection (1) amended by No. 38 of 2000, s. 14, Applied:14 Jul 2000] [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] . . . . . . . .(ba) [Section 27 Subsection (1) amended by No. 8 of 2005, s. 16, Applied:01 Jul 2005] [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] . . . . . . . .(1A) [Section 27 Subsection (1A) inserted by No. 8 of 2005, s. 16, Applied:01 Jul 2005] The mayor or deputy mayor is to represent accurately the policies and decisions of the council in performing the functions of mayor or deputy mayor.(2) [Section 27 Subsection (2) amended by No. 38 of 2000, s. 14, Applied:14 Jul 2000] The deputy mayor is to act in the position of mayor and exercise the powers and perform the functions of mayor if–(a) [Section 27 Subsection (2) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] the mayor is absent from duty as Mayor or from the State, otherwise unavailable for duty as mayor or unable to perform the functions of mayor; and(b) the mayor or the council, by notice in writing, appoints the deputy mayor to act in the position.(2A) [Section 27 Subsection (2A) inserted by No. 38 of 2000, s. 14, Applied:14 Jul 2000] [Section 27 Subsection (2A) substituted by No. 8 of 2005, s. 16, Applied:01 Jul 2005] The mayor, by notice in writing, may delegate for a specified period –(a) [Section 27 Subsection (2A) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] [Section 27 Subsection (2A) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] either or both of the functions referred to in subsection (1)(e) and (f) to the deputy mayor, a councillor or the general manager; and(b) [Section 27 Subsection (2A) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] any other power or function of the mayor, other than the function referred to in subsection (1)(d) , to the deputy mayor.(3) An appointment under subsection (2) remains in force –(a) for the period specified in the notice; or(b) until sooner revoked.
27A. Order relating to Mayor's functions
[Section 27A Inserted by No. 47 of 2017, s. 7, Applied:22 Nov 2017](1) The Minister, by order, may do any one or more of the following:(a) clarify the functions of mayor;(b) impose on mayors such functions as the Minister considers appropriate.(2) The Minister may amend, revoke, or revoke and substitute an order.(3) Before making, amending or revoking and substituting an order, the Minister must consult with the councils as to the matters the Minister is considering including in the order, the amended order or the substitute order.(4) An order under this section may be combined with an order under one or more of the following sections:(aa) [Section 27A Subsection (4) amended by No. 11 of 2026, s. 10, Applied:01 Sep 2026] section 20 ;(a) section 28AA ;(b) section 62A ;(c) section 62B .(5) Section 47(3) , (3A) , (4) , (5) , (6) and (7) of the Acts Interpretation Act 1931 applies to an order under this section as if the order were regulations within the meaning of that Act.(6) An order under this section is subordinate legislation for the purposes of the Subordinate Legislation Act 1992 .
[Section 28 Substituted by No. 8 of 2005, s. 17, Applied:01 Jul 2005](1) A councillor, in the capacity of an individual councillor, has the following functions:(a) to represent the community;(b) to act in the best interests of the community;(c) to facilitate communication by the council with the community;(d) to participate in the activities of the council;(e) to undertake duties and responsibilities as authorised by the council.(2) The councillors of a council collectively have the following functions:(a) to develop and monitor the implementation of strategic plans and budgets;(b) to determine and monitor the application of policies, plans and programs for –(i) the efficient and effective provision of services and facilities; and(ii) the efficient and effective management of assets; and(iii) the fair and equitable treatment of employees of the council;(c) to facilitate and encourage the planning and development of the municipal area in the best interests of the community;(d) to appoint and monitor the performance of the general manager;(e) to determine and review the council's resource allocation and expenditure activities;(f) to monitor the manner in which services are provided by the council.(3) In performing any function under this Act or any other Act, a councillor must not –(a) direct or attempt to direct an employee of the council in relation to the discharge of the employee's duties; or(b) perform any function of the mayor without the approval of the mayor.(4) A councillor is to represent accurately the policies and decisions of the council in performing the functions of councillor.
28AA. Order relating to functions of councillors
[Section 28AA Inserted by No. 47 of 2017, s. 8, Applied:22 Nov 2017](1) The Minister, by order, may clarify the functions of councillors.(2) The Minister may amend, revoke, or revoke and substitute an order.(3) Before making, amending or revoking and substituting an order, the Minister must consult with the councils as to the matters the Minister is considering including in the order, the amended order or the substitute order.(4) An order under this section may be combined with an order under one or more of the following sections:(aa) [Section 28AA Subsection (4) amended by No. 11 of 2026, s. 11, Applied:01 Sep 2026] section 20 ;(a) section 27A ;(b) section 62A ;(c) section 62B .(5) Section 47(3) , (3A) , (4) , (5) , (6) and (7) of the Acts Interpretation Act 1931 applies to an order under this section as if the order were regulations within the meaning of that Act.(6) An order under this section is subordinate legislation for the purposes of the Subordinate Legislation Act 1992 .
28A. Information and documents relating to functions
[Section 28A Inserted by No. 8 of 2005, s. 17, Applied:01 Jul 2005](1) A councillor, in writing, may request the general manager to make available any information or document or a copy of any information or document in the possession of the council that may be required for the purpose of performing any of the councillor's functions.(2) A councillor who makes a request under subsection (1) is to –(a) state in writing the relevance of the information or document to any of the councillor's functions; and(b) declare that he or she would not have, or would be unlikely to have, any pecuniary interest in the matter to which the information or document relates if the matter were to be an item on the agenda of a meeting of the council or a council committee.(3) The general manager may refuse the request of a councillor if –(a) the general manager believes that the request would unreasonably extend the resources of the council; or(b) the councillor has declared an interest under section 48 ; or(c) the councillor has failed or refused to make a declaration under subsection (2)(b) ; or(d) the general manager considers that the information or document requested is not required for the purpose of performing any of the councillor's functions.(4) If the general manager refuses the request the general manager is to advise the councillor in writing, stating the reasons for the refusal.(5) The general manager is to make any information or document made available to a councillor under this section available to any other councillor on request.
28B. Requirement to make information and documents available
[Section 28B Inserted by No. 8 of 2005, s. 17, Applied:01 Jul 2005](1) A councillor may seek a decision of the council to require the general manager to make information or a document available if the general manager has refused a request under section 28A .(2) Subsection (1) does not apply to any information or document that, if made available, may disclose information relating to the personal affairs of any person.(3) The general manager is to comply with a requirement made as a result of a decision by the council.
28C. Confidentiality undertaking
[Section 28C Inserted by No. 8 of 2005, s. 17, Applied:01 Jul 2005](1) If the general manager considers that the information or document is confidential, the general manager may require the councillor to whom the information or document is to be made available to give an undertaking to keep it confidential.(2) If a councillor refuses or fails to give the undertaking, the general manager may refuse to make the information or document available to the councillor.
28D. Documents relating to agendas
[Section 28D Inserted by No. 8 of 2005, s. 17, Applied:01 Jul 2005][Section 28E Inserted by No. 8 of 2005, s. 17, Applied:01 Jul 2005] [Section 28E Repealed by No. 29 of 2015, s. 6, Applied:13 Apr 2016] . . . . . . . . [Section 28F Inserted by No. 8 of 2005, s. 17, Applied:01 Jul 2005] [Section 28F Repealed by No. 29 of 2015, s. 6, Applied:13 Apr 2016] . . . . . . . . [Section 28G Inserted by No. 8 of 2005, s. 17, Applied:01 Jul 2005] [Section 28G Repealed by No. 29 of 2015, s. 6, Applied:13 Apr 2016] . . . . . . . . [Section 28H Inserted by No. 8 of 2005, s. 17, Applied:01 Jul 2005] [Section 28H Subsection (2) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] [Section 28H Repealed by No. 29 of 2015, s. 6, Applied:13 Apr 2016] . . . . . . . . [Section 28I Inserted by No. 8 of 2005, s. 17, Applied:01 Jul 2005] [Section 28I Repealed by No. 29 of 2015, s. 6, Applied:13 Apr 2016] . . . . . . . .(1) [Section 28D Subsection (1) amended by No. 34 of 2018, s. 5, Applied:10 Dec 2018] [Section 28D Subsection (1) amended by No. 29 of 2015, s. 5, Applied:13 Apr 2016] A councillor, on request, is entitled to be provided with a copy of any document, or information, in the possession of the council that relates directly to an item on the agenda of the next meeting of the council or a council committee.(2) A request –(a) is to be in writing; and(b) [Section 28D Subsection (2) amended by No. 29 of 2015, s. 5, Applied:13 Apr 2016] is to specify the document, or information, by name or title or subject matter.(3) [Section 28D Subsection (3) amended by No. 29 of 2015, s. 5, Applied:13 Apr 2016] The general manager is to make any document, or information, that is provided to a councillor under this section available to any other councillor on request.(4) [Section 28D Subsection (4) amended by No. 29 of 2015, s. 5, Applied:13 Apr 2016] If the general manager considers that a document, or information, is confidential, the general manager may require the councillor to whom the document, or information, is to be provided to give an undertaking to keep it confidential.(4A) [Section 28D Subsection (4A) inserted by No. 29 of 2015, s. 5, Applied:13 Apr 2016] If the general manager considers that –the general manager may provide the document, or information, after redacting or otherwise removing that private and confidential information.(a) a document, or information, requested by a councillor contains private and confidential information relating to a person; and(b) that private and confidential information is not relevant to an item on the agenda of a meeting of the council or a council committee –(5) [Section 28D Subsection (5) amended by No. 29 of 2015, s. 5, Applied:13 Apr 2016] The general manager may refuse to provide the councillor with a document, or information, if the councillor –(a) [Section 28D Subsection (5) amended by No. 29 of 2015, s. 5, Applied:13 Apr 2016] has declared an interest under section 48 in relation to a matter covered by the document or information; or(b) refuses or fails to give the undertaking under subsection (4) .(6) [Section 28D Subsection (6) inserted by No. 29 of 2015, s. 5, Applied:13 Apr 2016] The general manager may refuse to provide the councillor with a document, any information or a part of a document or information, if the general manager considers that the document, information or part is not relevant to an item on the agenda of a meeting of the council or a council committee.(7) [Section 28D Subsection (7) inserted by No. 29 of 2015, s. 5, Applied:13 Apr 2016] If the general manager under subsection (4A) has provided a document, or information, to a councillor after redacting or otherwise removing any private or confidential information the council may direct the general manager to provide the document, or information, to the councillor without redacting or otherwise removing any information from it.(8) [Section 28D Subsection (8) inserted by No. 29 of 2015, s. 5, Applied:13 Apr 2016] If the general manager under subsection (6) has refused to provide a document, any information or a part of a document or information to a councillor, the council may direct the general manager –(a) to provide the document, information or part to the councillor without redacting or otherwise removing any information from it, information or part under subsection (4A) ; or(b) to determine under subsection (4A) whether any information in the document, information or part should be redacted or otherwise removed, and then to provide the document, information or part to the councillor, whether with or without any information being so redacted or removed.(9) [Section 28D Subsection (9) inserted by No. 29 of 2015, s. 5, Applied:13 Apr 2016] The general manager is to comply with a direction of the council given under subsection (8) .
[Section 28J Inserted by No. 8 of 2005, s. 17, Applied:01 Jul 2005](1) A prescribed person may apply to a magistrate for an order that a councillor is unable to perform or exercise adequately or competently the functions or powers of a councillor due to the physical or mental incapacity of the councillor.(2) The magistrate may –(a) grant the order; or(b) refuse to grant the order.(3) If the magistrate grants the order –(a) the councillor is removed from office with effect from the date of the order; and(b) the office of the councillor is vacant as at that date.
Division 3AAA - Councillor allowances and numbers[Division 3AAA of Part 3 Inserted by No. 11 of 2026, s. 13, Applied:01 Sep 2026]
[Section 28JAA of Part 3 Inserted by No. 11 of 2026, s. 13, Applied:01 Sep 2026](1) A councillor is entitled to the allowance prescribed for the councillor’s allowance band.(2) The allowance band for a councillor is the allowance band allocated to the council as specified in Schedule 3 , as determined in accordance with Schedule 4 .(3) A mayor and deputy mayor are entitled to any prescribed allowances in addition to any allowances referred to in subsection (1) .(4) Allowances are to be paid in arrears.(5) A councillor, mayor or deputy mayor may, by written notice to the general manager of the council, elect not to receive all or part of an allowance.(6) A councillor who is suspended under this Act is not entitled to any allowance during the period of suspension.(7) A person who is prohibited from performing the functions or exercising the powers of a councillor under section 339C is not entitled to any allowance during the period of the prohibition.
28JAB. Review of councillor allowances and numbers
[Section 28JAB of Part 3 Inserted by No. 11 of 2026, s. 13, Applied:01 Sep 2026](1) The Minister must undertake a review of councillor numbers and councillor allowances for all councils within the period commencing 12 months before, and ending 6 months before, the date of an ordinary election.(2) In conducting a review under this section, the Minister must, in accordance with Schedule 4 , determine –(a) the aggregate score for each council; and(b) the councillor number category for each council; and(c) the allowance band for each council.(3) The Minister may recommend that the Governor amend Schedule 3 by order under section 28JAD to reflect –determined in accordance with Schedule 4 .(a) the councillor number category and councillor numbers; and(b) the allowance band –
28JAC. Requests for reduction of councillor numbers
[Section 28JAC of Part 3 Inserted by No. 11 of 2026, s. 13, Applied:01 Sep 2026](1) A council that is in councillor number category 3 in column 4 of Schedule 3 may apply to the Minister for approval to reduce the number of councillors to be elected for the council to 5.(2) An application under subsection (1) must –(a) be in writing, and(b) include evidence that the council has resolved, by absolute majority at an ordinary meeting of the council, to apply to reduce the number of councillors; and(c) be made no later than 6 months before the day on which notice of the next ordinary election is given.(3) If the Minister approves an application under subsection (1) , the Minister is to recommend to the Governor that Schedule 3 be amended accordingly under section 28JAD .(4) A council for which an order is made under section 28JAD has 5 councillors from the next ordinary election following the making of the order and continues to have 5 councillors unless –(a) the council’s councillor number category is no longer category 3 as a result of a review under section 28JAB ; or(b) the council applies to increase the number of councillors to 7.(5) An application under subsection (4)(b) must –(a) be in writing; and(b) be made at least 8 years after the order under subsection (3) was made; and(c) be made no later than 12 months before the day on which notice of the next ordinary election is given; and(d) include evidence that the council has resolved, by absolute majority at an ordinary meeting of the council, to apply to increase the number of councillors.
28JAD. Order to amend Schedule 3
[Section 28JAD of Part 3 Inserted by No. 11 of 2026, s. 13, Applied:01 Sep 2026](1) The Governor, by order and on the recommendation of the Minister, may amend Schedule 3 by omitting, inserting or substituting one or more numbers specified in column 4, column 5 or column 8 of that Schedule.(2) A recommendation under subsection (1) may be made as a result of –(a) a review under section 28JAB ; or(b) an approval under section 28JAC .(3) An order under subsection (1) may contain provisions of a savings or transitional nature.(4) An order made under subsection (1) has effect despite any provision of this Act.(5) An amendment to Schedule 3 applies in relation to the next ordinary election of the relevant council following the making of the order and has effect from the issue of the certificates of election for that election, unless otherwise provided in the order.
Division 3AA - Dispute resolution procedures[Division 3AA of Part 3 Inserted by No. 23 of 2023, s. 5, Applied:10 Sep 2024]
28JA. Dispute resolution policies
[Section 28JA of Part 3 Inserted by No. 23 of 2023, s. 5, Applied:10 Sep 2024](1) A council must adopt a dispute resolution policy.(2) A dispute resolution policy adopted by a council under subsection (1) is to specify the processes to be followed if there is a dispute as to matters that may be the subject of a code of conduct complaint.(3) A dispute resolution policy is to –(a) contain the prescribed information; and(b) include the processes to be followed in respect of prescribed matters.(4) The general manager of a council must ensure that a copy of the council’s dispute resolution policy is available –(a) on the website of the council; and(b) on the request of a person.(5) In resolving, or attempting to resolve, disputes in respect of a council, each of the following persons involved in the dispute resolution is to comply with the provisions of the dispute resolution policy adopted by the council under this section:(a) the general manager of the council;(b) a councillor of the council;(c) a council employee of the council;(d) if the complainant participates in the dispute resolution process of the council, the complainant.(6) Each council must adopt a dispute resolution policy under this section within 12 months after this section commences.
Division 3A - Code of conduct, complaints and complaint resolution[Division 3A of Part 3 Inserted by No. 29 of 2015, s. 7, Applied:13 Apr 2016]
Subdivision 1 - Code of Conduct Panel and Executive Officer[Subdivision 1 of Part 3 Inserted by No. 29 of 2015, s. 7, Applied:13 Apr 2016]
(1) The Code of Conduct Panel is established.(2) The Minister is to appoint as members of the Code of Conduct Panel as many of the following persons as the Minister considers appropriate:(a) Australian lawyers;(b) [Section 28K Subsection (2) amended by No. 23 of 2023, s. 6, Applied:10 Sep 2024] persons who have experience in local government but who are not current councillors or employees of any council.(3) Before appointing persons to be members of the Code of Conduct Panel, the Minister may give notice, in any manner he or she considers appropriate, that persons interested in being members may provide written expressions of interest to the Minister.(4) Schedule 2A applies in relation to the members of the Code of Conduct Panel.(5) The instrument of appointment of a member of the Code of Conduct Panel may include conditions of appointment that are not inconsistent with Schedule 2A .(6) [Section 28K Subsection (6) inserted by No. 23 of 2023, s. 7, Applied:10 Sep 2024] Without limiting the conditions of appointment that may be included in an instrument of appointment under subsection (5) , a member of the Code of Conduct Panel must undergo such training in respect of diversity and inclusion as is specified in the instrument of appointment.
(1) [Section 28L Subsection (1) amended by No. 23 of 2023, s. 8, Applied:10 Sep 2024] [Section 28L Subsection (1) amended by No. 23 of 2023, s. 8, Applied:10 Sep 2024] In the investigation and determination of a code of conduct complaint against a councillor, the panel convened to investigate and determine the complaint is to be constituted by 3 members of the Code of Conduct Panel who are selected by the Executive Officer of whom –(a) one is to be an Australian lawyer; and(b) 2 are to be persons who have experience in local government.(2) [Section 28L Subsection (2) amended by No. 23 of 2023, s. 8, Applied:10 Sep 2024] The chairperson of the panel convened under subsection (1) is a person referred to in subsection (1)(b) who is appointed as chairperson by the Executive Officer.(3) [Section 28L Subsection (3) inserted by No. 23 of 2023, s. 8, Applied:10 Sep 2024] In constituting a panel under subsection (1) in respect of a code of conduct complaint, the Executive Officer is to consider the training that has been completed by each panel member and may be relevant to the complaint.
(1) The Secretary of the Department, on behalf of the Crown, is to appoint a person as Executive Officer in relation to the Code of Conduct Panel.(2) If the Secretary of the Department appoints a State Service officer or a State Service employee as Executive Officer, the following provisions apply:(a) that officer or employee may hold a position or office under the State Service Act 2000 in conjunction with the office of Executive Officer;(b) the State Service Act 2000 does not apply in relation to the office of Executive Officer;(c) that officer or employee is not entitled to receive any remuneration as Executive Officer.(3) The Executive Officer is appointed for the term, and on the conditions, specified in his or her instrument of appointment.
28N. Functions of Executive Officer
The Executive Officer has the following functions:(a) administrative functions in relation to the Code of Conduct Panel;(b) the functions specified in his or her instrument of appointment;(c) other functions prescribed by this Act;(d) other functions determined by the Minister.
28O. Payment of remuneration and allowances to members of Code of Conduct Panel and Executive Officer
(1) In this section –State-employed Executive Officer means an Executive Officer who is also a State Service officer or State Service employee.(2) A member of the Code of Conduct Panel is entitled to receive the remuneration and allowances determined by the Minister from time to time.(3) The remuneration and allowances payable under subsection (2) to a member of the Code of Conduct Panel in relation to a code of conduct complaint and its investigation and determination are payable by the relevant council.(4) An Executive Officer –(a) who is not a State-employed Executive Officer is entitled to receive the remuneration and allowances determined by the Minister from time to time; or(b) who is a State-employed Executive Officer is entitled to receive only the allowances determined by the Minister from time to time.(5) The remuneration and allowances payable under subsection (4) to an Executive Officer in relation to a code of conduct complaint and its investigation and determination are payable by the relevant council.(6) In the case of a State-employed Executive Officer, the remuneration that would be payable to an Executive Officer in relation to a code of conduct complaint were he or she not a State-employed Executive Officer is payable –(a) to the government department in or for which the State-employed Executive Officer is employed in his or her capacity as a State Service officer or State Service employee; and(b) by the relevant council.
[Section 28OA Inserted by No. 23 of 2023, s. 9, Applied:10 Sep 2024](1) If a member of the Code of Conduct Panel has an actual, potential or perceived conflict of interest in a matter, the member must notify the Executive Officer, as soon as practicable, if the matter is relevant to the investigation and determination of a code of conduct complaint.(2) A notification by a member under subsection (1) , in relation to a conflict of interest, is to –(a) specify –(i) the nature of the conflict of interest; and(ii) how the conflict of interest is relevant to the investigation and determination of the relevant code of conduct complaint; and(b) include a statement from the member as to whether the member believes that the conflict of interest prevents, or does not prevent, the member from acting fairly in respect of the investigation and determination of the relevant code of conduct complaint.(3) The Executive Officer must not appoint a member of the Code of Conduct Panel to be the initial assessor or a member of the investigating Panel, in respect of a code of conduct complaint, if the member –(a) has notified the Executive Officer, under subsection (1) , of a conflict of interest that is relevant to the complaint; and(b) has made a statement, under subsection (2)(b) , that the conflict of interest would prevent the member from acting fairly in respect of the complaint.(4) A member of the Code of Conduct Panel who has been appointed as the initial assessor or a member of the investigating Panel, in respect of a code of conduct complaint, must resign from the appointment if the member –(a) has notified the Executive Officer, under subsection (1) , of a conflict of interest that is relevant to the complaint; and(b) has made a statement, under subsection (2)(b) , that the conflict of interest would prevent the member from acting fairly in respect of the complaint.(5) The majority of members of an investigating Panel for a code of conduct complaint may remove a member from the Panel (the relevant member) if the majority of members believe that the relevant member has an actual, potential or perceived conflict of interest that is relevant to the complaint.(6) If the relevant member of an investigating Panel has been removed from the Panel under subsection (5) , the most senior remaining member of the investigating Panel is to notify the Executive Officer in writing of the relevant member’s removal from the Panel.(7) If a member of the Code of Conduct Panel has resigned under subsection (4) from his or her appointment as the initial assessor or a member of the investigating Panel, or has been removed as a member of the investigating Panel under subsection (5) , in respect of a code of conduct complaint, the Executive Officer is to –(a) appoint another member of the Code of Conduct Panel to the relevant position; and(b) notify the complainant of the appointment of a replacement member; and(c) if the member has resigned or has been removed as a member of the investigating Panel, notify the other members of that Panel of the appointment of a replacement member to the Panel.
28P. Requesting provision of information
(1) Each of the following persons may request, in writing, the Code of Conduct Panel or Executive Officer to provide information and documents relating to the performance of its or his or her functions as specified in the request:(a) the Minister;(b) the Secretary of the Department;(c) the Director;(d) the Board.(2) The Code of Conduct Panel or Executive Officer is to comply with a request made under subsection (1) .
28Q. Providing information to Code of Conduct Panel
If a person is required to, or may, provide a document to the Code of Conduct Panel or the chairperson of the Code of Conduct Panel, the person may provide it to either the Panel or the Executive Officer.
Subdivision 2 - Code of conduct[Subdivision 2 of Part 3 Inserted by No. 29 of 2015, s. 7, Applied:13 Apr 2016]
(1) [Section 28R Subsection (1) amended by No. 23 of 2023, s. 10, Applied:10 Sep 2024] The Minister, by order, is to make a code of conduct relating to the conduct of councillors.(2) [Section 28R Subsection (2) amended by No. 23 of 2023, s. 10, Applied:10 Sep 2024] The Minister, by order, may amend or revoke and substitute the code of conduct.(3) [Section 28R Subsection (3) amended by No. 23 of 2023, s. 10, Applied:10 Sep 2024] [Section 28R Subsection (3) amended by No. 23 of 2023, s. 10, Applied:10 Sep 2024] The Minister is to make a copy of the code of conduct available to each council as soon as practicable after the code of conduct is made, amended or revoked and substituted.
28S. Contents of code of conduct
[Section 28T Repealed by No. 23 of 2023, s. 12, Applied:10 Sep 2024] . . . . . . . .(1) [Section 28S Subsection (1) amended by No. 23 of 2023, s. 11, Applied:10 Sep 2024] The code of conduct as made, amended or substituted under section 28R must be consistent with this Act and is to provide for the following matters:(a) what constitutes a conflict of interest for a councillor and the procedure to be followed if a councillor has a conflict of interest;(b) the proper and improper use by a councillor of his or her office with the council;(c) the proper and improper use by a councillor of council resources;(d) the proper and improper use by a councillor of information obtained in his or her office with the council;(e) [Section 28S Subsection (1) amended by No. 23 of 2023, s. 11, Applied:10 Sep 2024] the right of a councillor to receive gifts and benefits and the procedure to be followed by a councillor when receiving gifts and benefits in the situations specified in the code of conduct;(ea) [Section 28S Subsection (1) amended by No. 23 of 2023, s. 11, Applied:10 Sep 2024] that a councillor is not to engage in prohibited conduct in the councillor’s relationships with the community, other councillors and council employees;(f) the appropriate or inappropriate behaviour of a councillor in his or her relationships with the community, other councillors and council employees;(g) the proper and improper manner in which a councillor represents himself or herself as a councillor, and represents the council, to the community;(h) any prescribed matter.(2) [Section 28S Subsection (2) amended by No. 23 of 2023, s. 11, Applied:10 Sep 2024] The code of conduct may provide for any other matter relating to the conduct of councillors that the Minister considers appropriate and is consistent with this Act.(3) [Section 28S Subsection (3) inserted by No. 23 of 2023, s. 11, Applied:10 Sep 2024] The general manager of a council is to make a copy of the code of conduct available –(a) for public inspection, free of charge, at the public office of the council during ordinary office hours and on its website; and(b) for purchase at a reasonable charge.
28U. Compliance with code of conduct
[Section 28U Amended by No. 23 of 2023, s. 13, Applied:10 Sep 2024] In performing the functions and exercising the powers of his or her office with a council, a councillor is to comply with the provisions of the code of conduct.
Subdivision 3 - Complaints against councillors[Subdivision 3 of Part 3 Inserted by No. 29 of 2015, s. 7, Applied:13 Apr 2016]
28V. Making code of conduct complaint against councillor
(1) [Section 28V Subsection (1) amended by No. 23 of 2023, s. 14, Applied:10 Sep 2024] A person may make a complaint against one councillor in relation to the contravention by the councillor of the code of conduct.(2) [Section 28V Subsection (2) amended by No. 23 of 2023, s. 14, Applied:10 Sep 2024] A person may make a complaint against more than one councillor in relation to the contravention by the councillors of the code of conduct if all the councillors complained against behaved on a particular occasion in such a manner as to commit the same alleged contravention of the code of conduct.(3) A complaint is to –(a) be in writing; and(b) state the name and address of the complainant; and(c) state the name of each councillor against whom the complaint is made; and(d) [Section 28V Subsection (3) amended by No. 23 of 2023, s. 14, Applied:10 Sep 2024] state the provision of the code of conduct that the councillor has allegedly contravened; and(e) contain details of the behaviour of each councillor that constitutes the alleged contravention; and(f) be lodged with the general manager of the relevant council within 6 months after the councillor or councillors against whom the complaint is made allegedly committed the contravention of the code of conduct; and(fa) [Section 28V Subsection (3) amended by No. 34 of 2018, s. 6, Applied:10 Dec 2018] be accompanied by a statutory declaration, signed by the complainant or by each complainant, verifying the accuracy of the information contained in the complaint; and(fb) [Section 28V Subsection (3) amended by No. 34 of 2018, s. 6, Applied:10 Dec 2018] contain details of all efforts made by the complainant to resolve the issue that is the subject of the complaint; and(fc) [Section 28V Subsection (3) amended by No. 23 of 2023, s. 14, Applied:10 Sep 2024] if the complainant completed the council’s dispute resolution process in respect of the complaint –(i) contain details of the outcome of that process; and(ii) include the reasons why the complainant is not satisfied with that outcome; and(fd) [Section 28V Subsection (3) amended by No. 23 of 2023, s. 14, Applied:10 Sep 2024] if the complainant did not commence or complete the council’s dispute resolution process in respect of the complaint, contain details of –(i) the attempts made by the complainant, as part of the attempted dispute resolution process, to resolve the issue that is the subject of the complaint; or(ii) why the complainant believes that the dispute resolution process is not appropriate in respect of the complaint; and(g) be accompanied by any prescribed fee.(4) If the subject matter of a complaint by its nature consists of a series of separate incidents that, taken together, form the subject matter, the period referred to in subsection (3)(f) runs from the most recent of the incidents mentioned in the complaint.(5) A complaint may not be made by more than 2 complainants jointly.(6) [Section 28V Subsection (6) inserted by No. 23 of 2023, s. 14, Applied:10 Sep 2024] If a complaint is made under this section by the Director, the Minister may appoint another person to perform the functions, and exercise the powers, of the Director in respect of that complaint.(7) [Section 28V Subsection (7) inserted by No. 23 of 2023, s. 14, Applied:10 Sep 2024] For the avoidance of doubt, a complainant has complied with subsection (3)(a) if the complainant causes the relevant complaint to be in writing.
28W. Withdrawal of or from code of conduct complaint
(1) [Section 28W Subsection (1) amended by No. 23 of 2023, s. 15, Applied:10 Sep 2024] [Section 28W Subsection (1) amended by No. 23 of 2023, s. 15, Applied:10 Sep 2024] All complainants in a code of conduct complaint, jointly, may withdraw the complaint, at any time before the complaint has been determined by the investigating Panel for the complaint, by notice in writing provided to the general manager or the investigating Panel.(2) [Section 28W Subsection (2) amended by No. 23 of 2023, s. 15, Applied:10 Sep 2024] [Section 28W Subsection (2) amended by No. 23 of 2023, s. 15, Applied:10 Sep 2024] If a code of conduct complaint is made by 2 complainants, one of those complainants may withdraw from the complaint, at any time before the complaint has been determined by the investigating Panel for the complaint, by notice in writing provided to the general manager or the investigating Panel.(3) [Section 28W Subsection (3) amended by No. 23 of 2023, s. 15, Applied:10 Sep 2024] If a notice withdrawing a code of conduct complaint, or withdrawing from a code of conduct complaint, is provided to the general manager after the complaint has been referred to the investigating Panel for the complaint, the general manager is to notify the Executive Officer, in writing, of the withdrawal.(4) [Section 28W Subsection (4) amended by No. 23 of 2023, s. 15, Applied:10 Sep 2024] On becoming aware of a notice withdrawing a code of conduct complaint or a notice withdrawing from a code of conduct complaint, the investigating Panel for the complaint is to notify the following persons, in writing, of the withdrawal:(a) the general manager, unless the notice was originally provided to him or her under subsection (3) ;(b) if the councillor against whom the complaint is made has been notified of the complaint, the councillor.
28X. Amendment of code of conduct complaint
(1) [Section 28X Subsection (1) amended by No. 23 of 2023, s. 16, Applied:10 Sep 2024] [Section 28X Subsection (1) amended by No. 23 of 2023, s. 16, Applied:10 Sep 2024] A complainant, in writing provided to the general manager or the investigating Panel for the complaint, may amend a code of conduct complaint at any time before the investigating Panel commences an investigation into the complaint.(2) [Section 28X Subsection (2) amended by No. 23 of 2023, s. 16, Applied:10 Sep 2024] [Section 28X Subsection (2) amended by No. 23 of 2023, s. 16, Applied:10 Sep 2024] [Section 28X Subsection (2) amended by No. 34 of 2018, s. 7, Applied:10 Dec 2018] If the investigating Panel for a code of conduct complaint has commenced its investigation into the complaint, a complainant may not amend the complaint.(3) [Section 28X Subsection (3) amended by No. 23 of 2023, s. 16, Applied:10 Sep 2024] If a notice amending a code of conduct complaint is provided to the general manager after the complaint has been referred to the investigating Panel for the complaint, the general manager is to notify the Executive Officer, in writing, of the amendment.(4) [Section 28X Subsection (4) amended by No. 23 of 2023, s. 16, Applied:10 Sep 2024] On becoming aware of an amendment to a code of conduct complaint, the investigating Panel for the complaint is to notify the following persons, in writing, of the amendment:(a) the general manager, unless the complainant provided the amendment to the general manager;(b) if the councillor against whom the complaint is made has been notified of the complaint, the councillor.
28Y. Initial assessment of complaint by general manager
(1) [Section 28Y Subsection (1) amended by No. 23 of 2023, s. 17, Applied:10 Sep 2024] Within 14 days after receiving a code of conduct complaint, a general manager is to assess the complaint to determine whether it meets the requirements of section 28V .(2) Subsection (1) does not apply if the general manager is the complainant.(3) [Section 28Y Subsection (3) amended by No. 23 of 2023, s. 17, Applied:10 Sep 2024] If the general manager determines that the code of conduct complaint does not meet the requirements of section 28V , he or she is to return the complaint to the complainant and notify the complainant, in writing and within 14 days after receiving the complaint –(a) that the complaint does not meet the requirements of section 28V for the reasons set out in the notice; and(b) that the complainant may lodge an amended or substituted complaint without payment of a further fee under section 28V(3)(g) –(i) within the period specified in section 28V for lodging a code of conduct complaint; or(ii) if the complaint is returned to the complainant after the end of that period or less than 14 days before the end of that period, within 14 days after receiving the returned complaint.
28Z. Referral of code of conduct complaint by general manager
(1) [Section 28Z Subsection (1) amended by No. 23 of 2023, s. 18, Applied:10 Sep 2024] [Section 28Z Subsection (1) amended by No. 23 of 2023, s. 18, Applied:10 Sep 2024] Within 14 days after both receiving a code of conduct complaint and determining, if required to do so, that the complaint meets the requirements of section 28V , the general manager –(a) if the complaint is against less than half of all the councillors of the council, is to refer the complaint to the Code of Conduct Panel by providing it to the Executive Officer; and(b) if the complaint is against one half or more of all the councillors of the council, is to refer the complaint to the Director.(1A) [Section 28Z Subsection (1A) inserted by No. 23 of 2023, s. 18, Applied:10 Sep 2024] A referral by the general manager under subsection (1) in respect of a code of conduct complaint is to include copies of all of the documentation held by the council in relation to the dispute resolution process undertaken by the council in respect of the complaint.(2) If a code of conduct complaint is referred to the Director, the Director is to determine whether he or she accepts or refuses to accept the referral and is to notify the general manager of that determination within 28 days after receiving the referral.(3) If the Director fails to notify the general manager as required by subsection (2) , the Director is taken to have accepted the referral of the code of conduct complaint.(4) If the Director accepts the referral of the code of conduct complaint –(a) the complaint is taken to be a complaint made to the Director under section 339E and ceases to be a code of conduct complaint; and(b) the Director is to proceed under that section in relation to the complaint.(5) [Section 28Z Subsection (5) amended by No. 23 of 2023, s. 18, Applied:10 Sep 2024] If the Director refuses to accept the referral of the code of conduct complaint, the general manager, within 14 days after being notified of the refusal under subsection (2) , is to refer the complaint to the Code of Conduct Panel by providing it to the Executive Officer.(6) If a code of conduct complaint is referred to the Code of Conduct Panel, the Executive Officer is to –(a) keep the original complaint or a copy of it; and(b) [Section 28Z Subsection (6) amended by No. 23 of 2023, s. 18, Applied:10 Sep 2024] appoint an initial assessor for the complaint in accordance with section 28ZA .(c) [Section 28Z Subsection (6) amended by No. 23 of 2023, s. 18, Applied:10 Sep 2024] . . . . . . . .
28ZA. Initial assessment of code of conduct complaint
(1AA) [Section 28ZA Subsection (1AA) inserted by No. 23 of 2023, s. 19, Applied:10 Sep 2024] As soon as practicable after receiving a code of conduct complaint referred to the Code of Conduct Panel, the Executive Officer is to –(a) appoint a member of the Panel, who is an Australian lawyer, to be the initial assessor for the complaint; and(b) provide a copy of the complaint to the person so appointed.(1) [Section 28ZA Subsection (1) amended by No. 23 of 2023, s. 19, Applied:10 Sep 2024] On being appointed to be the initial assessor of a code of conduct complaint, the initial assessor is to do an initial assessment of the complaint to determine whether to do one or more of the following:(a) dismiss the whole complaint;(b) dismiss part of the complaint;(c) refer the whole complaint to another person or authority;(d) refer part of the complaint to another person or authority;(e) determine that the whole complaint is to be investigated and determined by the Code of Conduct Panel;(f) determine that part of the complaint is to be investigated and determined by the Code of Conduct Panel.(2) [Section 28ZA Subsection (2) amended by No. 23 of 2023, s. 19, Applied:10 Sep 2024] The initial assessment is to be completed within such period as will enable the initial assessor to comply with subsection (3) .(3) [Section 28ZA Subsection (3) amended by No. 23 of 2023, s. 19, Applied:10 Sep 2024] Within 28 days after an initial assessor is appointed under this section in respect of a code of conduct complaint, the initial assessor –(a) [Section 28ZA Subsection (3) amended by No. 23 of 2023, s. 19, Applied:10 Sep 2024] is to notify the Director, the complainant and the general manager, in writing, of the result of the initial assessment and the reasons for it; and(b) [Section 28ZA Subsection (3) amended by No. 23 of 2023, s. 19, Applied:10 Sep 2024] [Section 28ZA Subsection (3) amended by No. 23 of 2023, s. 19, Applied:10 Sep 2024] if the initial assessor has determined that the whole or part of the complaint is to be investigated and determined by an investigating Panel, is to –(i) notify the councillor against whom the complaint is made, in writing, of the result of the initial assessment and the reasons for it; and(ii) provide a copy of the complaint to that councillor; and(iii) [Section 28ZA Subsection (3) amended by No. 23 of 2023, s. 19, Applied:10 Sep 2024] provide a copy of the initial assessment of the complaint to the Executive Officer.
28ZB. Dismissal of code of conduct complaint on initial assessment
(1) [Section 28ZB Subsection (1) amended by No. 23 of 2023, s. 20, Applied:10 Sep 2024] The initial assessor for a code of conduct complaint, on an initial assessment, may dismiss the code of conduct complaint, or part of it, if he or she considers that –(a) [Section 28ZB Subsection (1) amended by No. 34 of 2018, s. 8, Applied:10 Dec 2018] the complaint or part is frivolous, vexatious or trivial; or(ab) [Section 28ZB Subsection (1) amended by No. 34 of 2018, s. 8, Applied:10 Dec 2018] the complainant has not made a reasonable effort to resolve the issue that is the subject of the complaint; or(ac) [Section 28ZB Subsection (1) amended by No. 23 of 2023, s. 20, Applied:10 Sep 2024] the dispute resolution process of the council is a reasonable mechanism to resolve the dispute, but the complainant has not participated, or has not participated satisfactorily, in the dispute resolution process; or(ad) [Section 28ZB Subsection (1) amended by No. 23 of 2023, s. 20, Applied:10 Sep 2024] it is not in the public interest for an investigating Panel to be convened under section 28L to investigate the complaint; or(b) [Section 28ZB Subsection (1) amended by No. 23 of 2023, s. 20, Applied:10 Sep 2024] the complaint or part does not substantially relate to a contravention of the code of conduct; or(c) the complainant has made the complaint or part in contravention of –(i) [Section 28ZB Subsection (1) amended by No. 23 of 2023, s. 20, Applied:10 Sep 2024] a determination of the initial assessor made under subsection (2) ; or(ii) [Section 28ZB Subsection (1) amended by No. 23 of 2023, s. 20, Applied:10 Sep 2024] a determination of the investigating Panel, for the complaint, made under section 28ZI(3) .(1A) [Section 28ZB Subsection (1A) inserted by No. 23 of 2023, s. 20, Applied:10 Sep 2024] An initial assessor may consider, but is not limited to considering, the following matters when determining under subsection (1)(ad) if it is in the public interest for an investigating Panel to be convened:(a) the nature and seriousness of the alleged conduct to which the complaint relates;(b) the time that has elapsed since the alleged conduct occurred;(c) the availability of evidence and the recollection of any witnesses;(d) the likely degree of culpability, in connection with the alleged conduct, of the councillor to whom the complaint relates;(e) whether the alleged conduct could be of significant public concern;(f) whether the alleged conduct has been, or is being, investigated and dealt with appropriately;(g) the sanctions available to deal with the alleged conduct;(h) whether the alleged conduct may be indicative of, and may expose, entrenched or systemic behaviour.(2) [Section 28ZB Subsection (2) amended by No. 23 of 2023, s. 20, Applied:10 Sep 2024] [Section 28ZB Subsection (2) amended by No. 23 of 2023, s. 20, Applied:10 Sep 2024] [Section 28ZB Subsection (2) amended by No. 34 of 2018, s. 8, Applied:10 Dec 2018] If the initial assessor for a code of conduct complaint dismisses the code of conduct complaint or part of it on the basis that it is frivolous, vexatious or trivial, the initial assessor, in the notice provided under section 28ZA(3) , may direct the complainant not to make a further complaint in relation to the same matter unless the complainant provides substantive new information in the further complaint.(3) [Section 28ZB Subsection (3) inserted by No. 23 of 2023, s. 20, Applied:10 Sep 2024] If the initial assessor for a code of conduct complaint dismisses the complaint, or part of it, on the grounds referred to in subsection (1)(ac) , the initial assessor, in the notice provided under section 28ZA(3) , may direct the complainant not to make a further complaint in relation to the same matter until –(a) the complainant has participated satisfactorily in the dispute resolution process of the council in relation to the complaint; and(b) the complainant has taken and completed the actions, specified in the notice, as necessary to have participated satisfactorily in the dispute resolution process.
28ZC. Referral of code of conduct complaint on initial assessment
(1) [Section 28ZC Subsection (1) amended by No. 23 of 2023, s. 21, Applied:10 Sep 2024] [Section 28ZC Subsection (1) amended by No. 23 of 2023, s. 21, Applied:10 Sep 2024] The initial assessor for a code of conduct complaint, on an initial assessment, may refer the code of conduct complaint, or part of it, to any person or other authority that the initial assessor considers appropriate if the initial assessor reasonably considers that –(a) the complaint discloses that an offence may have been committed; or(b) the complaint would be more appropriately dealt with by that other person or authority.(2) The person or other authority to which the code of conduct complaint is referred –(a) may accept the referral or refuse to accept the referral; and(b) [Section 28ZC Subsection (2) amended by No. 23 of 2023, s. 21, Applied:10 Sep 2024] is to notify the initial assessor for the code of conduct complaint of that acceptance or refusal within 28 days after receiving the referral.(3) [Section 28ZC Subsection (3) amended by No. 23 of 2023, s. 21, Applied:10 Sep 2024] If the person or other authority to whom the code of conduct complaint is referred fails to notify initial assessor for the code of conduct complaint as required by subsection (2) , the person or authority is taken to have accepted the referral of the code of conduct complaint.(4) If the person or other authority to whom the code of conduct complaint is referred accepts the referral, the code of conduct complaint ceases to be a code of conduct complaint.(5) [Section 28ZC Subsection (5) amended by No. 23 of 2023, s. 21, Applied:10 Sep 2024] If the person or other authority to which the code of conduct complaint is referred refuses to accept the referral, the initial assessor for the code of conduct complaint is to do a further initial assessment under section 28ZA within 21 days after being notified of that refusal.(6) On doing a further initial assessment under section 28ZA as required by subsection (5) –(a) [Section 28ZC Subsection (6) amended by No. 23 of 2023, s. 21, Applied:10 Sep 2024] the initial assessor is to comply with section 28ZA as if doing a first initial assessment; and(b) [Section 28ZC Subsection (6) amended by No. 23 of 2023, s. 21, Applied:10 Sep 2024] [Section 28ZC Subsection (6) amended by No. 23 of 2023, s. 21, Applied:10 Sep 2024] [Section 28ZC Subsection (6) amended by No. 23 of 2023, s. 21, Applied:10 Sep 2024] if the initial assessor determined on the original initial assessment to investigate a part of the code of conduct complaint and had notified the councillor against whom the complaint was made of that determination, the initial assessor is to notify the councillor of the result of the further initial assessment in addition to any other notice the initial assessor is required to provide under section 28ZA .
28ZCA. Convening of investigating Panel for complaint
[Section 28ZCA Inserted by No. 23 of 2023, s. 22, Applied:10 Sep 2024](1) If the Executive Officer receives a copy of an initial assessment of a code of conduct complaint under section 28ZA(3)(b)(iii) , the Executive Officer is to –(a) convene an investigating Panel under section 28L in respect of the complaint; and(b) provide a copy of the complaint, and the initial assessment of the complaint under section 28ZA , to each member of the investigating Panel.(2) A person must not be selected to be a member of an investigating Panel convened under section 28L in respect of a code of conduct complaint if the person was the initial assessor in respect of the complaint.
28ZD. Time for investigating and determining code of conduct complaint
(1) [Section 28ZD Subsection (1) amended by No. 23 of 2023, s. 23, Applied:10 Sep 2024] [Section 28ZD Subsection (1) amended by No. 23 of 2023, s. 23, Applied:10 Sep 2024] The investigating Panel for a code of conduct complaint is to make every endeavour to investigate and determine the complaint –(a) [Section 28ZD Subsection (1) amended by No. 23 of 2023, s. 23, Applied:10 Sep 2024] if the initial assessor for the complaint has determined under section 28ZA to investigate and determine the whole complaint, within 90 days after that determination; or(ab) [Section 28ZD Subsection (1) amended by No. 23 of 2023, s. 23, Applied:10 Sep 2024] if the initial assessor for the complaint has determined under section 28ZA to investigate and determine part of the complaint and dismiss the rest of the complaint, within 90 days after that determination; or(b) [Section 28ZD Subsection (1) amended by No. 23 of 2023, s. 23, Applied:10 Sep 2024] if the initial assessor for the complaint has determined under section 28ZA to investigate and determine part of the complaint but to refer to a person or other authority another part of the complaint, within 120 days after that determination.(2) [Section 28ZD Subsection (2) amended by No. 23 of 2023, s. 23, Applied:10 Sep 2024] [Section 28ZD Subsection (2) amended by No. 23 of 2023, s. 23, Applied:10 Sep 2024] If the investigating Panel for a code of conduct complaint is unable to investigate and determine the complaint, or part of the complaint, within the period specified in subsection (1) , the Panel is to include the reasons for that in its written determination made in accordance with section 28ZJ .
28ZE. Conduct of investigations generally
(1) [Section 28ZE Subsection (1) amended by No. 23 of 2023, s. 24, Applied:10 Sep 2024] In the investigation of a code of conduct complaint, the investigating Panel for the complaint –(a) is to conduct the investigation with as little formality, and as expeditiously, as is reasonably practicable in the particular circumstances; and(b) is not bound by the rules of evidence and may inform itself on any matter in any manner it considers appropriate; and(c) must observe the rules of natural justice; and(d) may regulate its own procedure.(2)