Local Government Amendment (Targeted Reform) Act 2026

5.   

The amendments effected by this section have been incorporated into the authorised version of the Local Government Act 1993 .

6.   

The amendments effected by this section have been incorporated into the authorised version of the Local Government Act 1993 .

7.   

The amendments effected by this section have been incorporated into the authorised version of the Local Government Act 1993 .

8.   

The amendment effected by this section has been incorporated into the authorised version of the Local Government Act 1993 .

9.   

The amendments effected by this section have been incorporated into the authorised version of the Local Government Act 1993 .

10.   

The amendment effected by this section has been incorporated into the authorised version of the Local Government Act 1993 .

11.   

The amendment effected by this section has been incorporated into the authorised version of the Local Government Act 1993 .

12.    Sections 28AB and 28AC inserted

After section 28AA of the Principal Act , the following sections are inserted in Division 3:

28AB.   Mandatory core learning and development activities for councillors

(1)  In this section –

immediately preceding term of office, in relation to a councillor, means the last term of office held by the councillor that ended before the commencement of the councillor’s current term of office.

(2)  The Director may approve one or more courses of mandatory core learning and development activities for councillors.

(3)  Without limiting subsection (2), the Director may approve different courses, or different requirements, for –

(a) councillors who have not served as a councillor in the immediately preceding term of office; and

(b) councillors who have served as a councillor in the immediately preceding term of office.

(4)  A course approved under this section is to consist of learning and development activities relating to the roles and responsibilities of councils and councillors.

(5)  The Director is to, within 28 days of approving a course under subsection (2) –

(a) ensure that notice of the approval is issued to each council; and

(b) cause a copy of the course of mandatory core learning and development activities to be published on a website maintained by or on behalf of the Department.

(6)  The regulations may prescribe requirements for the learning and development activities required under this section.

(7)  A councillor must, within 12 months after the councillor’s election, complete any course of mandatory core learning and development activities applicable to the councillor under this section.

(8)  The Director may extend the period referred to in subsection (7) if satisfied that it would be appropriate in the circumstances.

(9)  The Director may only approve a course under this section if the Director has consulted with the Local Government Association of Tasmania as to the suitability of the course for councillors.

28AC.   Policy for continuing professional development

(1)  A council must adopt a policy in relation to the continuing professional development of councillors (a continuing professional development policy) within 6 months after an ordinary election.

(2)  A continuing professional development policy for a council is to –

(a) be prepared by the general manager for the council; and

(b) relate to matters relevant to councillors’ roles and responsibilities under this or any other Act; and

(c) have regard to the professional development needs of councillors; and

(d) include an estimate of the expenditure to be spent in a financial year by the council in implementing the policy.

14.    Section 28ZA amended (Initial assessment of code of conduct complaint)

Section 28ZA of the Principal Act is amended as follows:

(a) by omitting from subsection (1)(f) "Panel." and substituting "Panel;";

(b) by inserting the following paragraphs after paragraph (f) in subsection (1) :

(g) refer the whole complaint to the Director under section 28ZBA ;

(h) refer part of the complaint to the Director under section 28ZBA .

(c) by omitting from subsection (3)(b)(iii) "Officer." and substituting "Officer; and";

(d) by inserting the following paragraph after paragraph (b) in subsection (3) :

(c) if the initial assessor has referred the whole or part of the complaint to the Director, 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) provide the Director with a copy of the initial assessment of the complaint and all documentation and other evidence on which the initial assessment was based.

15.    Section 28ZBA inserted

After section 28ZB of the Principal Act , the following section is inserted in Subdivision 3:

28ZBA.   Referral of code of conduct complaint on initial assessment to Director

The initial assessor for a code of conduct complaint, on an initial assessment, may refer a code of conduct complaint, or part of it, to the Director if the initial assessor reasonably considers that the complaint includes conduct that is capable of amounting to serious councillor misconduct.

16.    Sections 28ZHA and 28ZHB inserted

After section 28ZH of the Principal Act , the following sections are inserted in Subdivision 3:

28ZHA.   Referral of code of conduct complaint to Director

The investigating Panel for a code of conduct complaint may, at any time, refer a code of conduct complaint, or part of it, to the Director if the investigating Panel reasonably considers that the complaint includes conduct that is capable of amounting to serious councillor misconduct.

28ZHB.   Referral of code of conduct complaint to other persons or authorities

(1)  The investigating Panel for a code of conduct complaint may, at any time during the investigation of the complaint, refer the complaint, or part of the complaint, to a person or other authority that the investigating Panel considers appropriate if the investigating Panel 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 person or authority.

(2)  A person or other authority to whom a code of conduct complaint is referred under subsection (1) –

(a) may accept or refuse the referral; and

(b) must notify the investigating Panel for the code of conduct complaint of that acceptance or refusal within 28 days after receiving the referral.

(3)  If the person or other authority to whom the code of conduct complaint is referred does not notify the investigating Panel as required by subsection (2)(b), the person or authority is taken to have accepted the referral.

(4)  If the person or other authority accepts the referral, the complaint, or the part of the complaint referred, ceases to be a code of conduct complaint.

(5)  If the person or other authority refuses the referral, the investigating Panel for the code of conduct complaint may continue its investigation of the complaint or part of the complaint.

18.    Part 3, Division 3B inserted

After section 28ZP of the Principal Act , the following Division is inserted in Part 3:

Division 3B - Serious councillor misconduct

Subdivision 1 - Preliminary

28ZQ.   Interpretation

In this Division –

code of conduct referral means the referral of a code of conduct complaint from –

(a) an initial assessor to the Director under section 28ZBA ; or

(b) an investigating Panel to the Director under section 28ZHA ;

decision-maker includes the following persons:

(a) an initial assessor;

(b) an investigating Panel;

(c) the Director;

(d) the Tasmanian Civil and Administrative Tribunal.

28ZR.   Serious councillor misconduct

(1)  For the purposes of this Act, serious councillor misconduct means conduct, or an attempt to engage in conduct, by a councillor that is or involves a serious or significant contravention of the code of conduct.

(2)  For the purposes of subsection (1), a decision-maker is to have regard to the following when determining whether conduct, or an attempt to engage in conduct, by a councillor constitutes a serious or significant contravention of the code of conduct:

(a) whether the conduct is unlawful;

(b) the extent of any actual or potential harm or risk, caused as a consequence of the conduct, to an individual, the council or public safety;

(c) the degree to which the conduct impacts negatively on the ability of the relevant council to perform its functions under this or any other Act;

(d) whether the conduct involves –

(i) deliberate and intentional misuse of council resources, information, or authority, for personal gain; or

(ii) undue influence on, or detriment to, the council, community or a community member;

(e) the nature and extent of any material benefit or detriment derived by the councillor or others as a result of the conduct;

(f) whether the conduct is part of a repeated pattern of contraventions or involves collusion with others, and the councillor’s role in such collusion;

(g) such other public interest considerations that the relevant decision-maker considers relevant.

28ZS.   Ministerial guidelines in relation to serious councillor misconduct

(1)  The Minister, by order, is to issue guidelines consistent with this Act to assist decision-makers in determining whether conduct, or an attempt to engage in conduct, by a councillor constitutes a serious or significant contravention of the code of conduct.

(2)  A decision-maker may have regard to any guidelines issued by the Minister under this section.

(3)  The Minister, by order, may amend, revoke, or revoke and substitute any guidelines made under this section.

(4)  Before making, amending or revoking and substituting an order, the Minister must consult with –

(a) councils; and

(b) the public –

as to the matters that the Minister is considering including in the order, the amended order or the substitute order.

Subdivision 2 - Assessment of serious councillor misconduct

28ZT.   Assessment of serious councillor misconduct

(1)  If the Director receives a code of conduct referral from an initial assessor or an investigating Panel in respect of the conduct of a councillor, the Director must carry out an assessment of that conduct to determine whether to conduct an investigation.

(2)  After carrying out an assessment, the Director may –

(a) if the Director determines that the conduct of the councillor is capable of amounting to serious councillor misconduct, determine that the Director will conduct an investigation into that conduct; or

(b) if the Director determines that the conduct is not capable of amounting to serious councillor misconduct, refuse to conduct an investigation into the conduct; or

(c) refer the complaint to another person or authority if the Director considers that the complaint would be more appropriately dealt with by that other person or authority.

(3)  If the Director makes a determination under subsection (2)(a) –

(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 and section 339EA in relation to the complaint.

(4)  If the Director refuses under subsection (2)(b) to commence an investigation into a councillor’s conduct, the Director must refer the matter back to the initial assessor or the investigating Panel for the code of conduct complaint.

(5)  If the Director does not make a decision under subsection (2) within 28 days of receiving a code of conduct referral, the Director is to notify the initial assessor or the investigating Panel and the complainant that the matter is still under consideration.

28ZU.   Determination of Director following investigation of councillor conduct

(1)  After completing an investigation into a councillor’s conduct following a code of conduct referral, the Director may do any of the following:

(a) make an application to the Tasmanian Civil and Administrative Tribunal under section 28ZW ;

(b) refer the matter back to the initial assessor or the investigating Panel that made the initial referral;

(c) refer the matter to any other person or authority;

(d) dismiss the complaint.

(2)  A complaint that has been referred back to an initial assessor or an investigating Panel under subsection (1)(b) is taken to be a code of conduct complaint and ceases to be a complaint to the Director under section 339E.

28ZV.   Referral of complaints back to initial assessor or investigating Panel

(1)  If a complaint is referred back to an initial assessor or an investigating Panel under section 28ZT or 28ZU  –

(a) the Director must provide reasons to the initial assessor or investigating Panel for the referral; and

(b) if the complaint is referred back to an initial assessor, the initial assessor is to proceed under section 28ZA in relation to that complaint within 14 days after the referral of the matter; and

(c) if the complaint is referred back to an investigating Panel, the investigating Panel is to proceed with the investigation and determination of the complaint.

(2)  On doing a further initial assessment under section 28ZA as required by subsection (1)(b) –

(a) the initial assessor is to comply with section 28ZA as if doing a first initial assessment; and

(b) 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 that the initial assessor is required to provide under section 28ZA .

(3)  If a complaint is referred back to an investigating Panel under section 28ZT or 28ZU, the investigating Panel is to notify the complainant and the councillor against whom the complaint is made of the referral back to the Panel as soon as practicable.

(4)  On resuming or continuing an investigation under subsection (1)(c), the investigating Panel may give any directions it considers necessary for the fair and efficient investigation and determination of the complaint.

Subdivision 3 - Tribunal

28ZW.   Application to the Tasmanian Civil and Administrative Tribunal

(1)  If, following an investigation under section 339EA, the Director considers that the conduct of a councillor amounts to serious councillor misconduct, the Director may make an application to the Tasmanian Civil and Administrative Tribunal for a decision in relation to the matter.

(2)  An application –

(a) is to be made in writing; and

(b) is to specify the particulars upon which the application is based; and

(c) is to specify the orders sought and the grounds for seeking those orders; and

(d) is to be lodged with the Registrar, within the meaning of the Tasmanian Civil and Administrative Tribunal Act 2020.

(3)  The Director must, as soon as reasonably practicable after making an application under this section in respect of the conduct of a councillor, give a copy of that application to the councillor.

(4)  Unless otherwise specified in this Act, the provisions of the Tasmanian Civil and Administrative Tribunal Act 2020 apply in relation to an application made to the Tasmanian Civil and Administrative Tribunal under this section.

(5)  At the hearing of an application under this Subdivision, a party to the application may be represented by an Australian legal practitioner.

28ZX.   Orders of the Tasmanian Civil and Administrative Tribunal

(1)  If, after hearing an application under this Division in respect of a councillor, the Tasmanian Civil and Administrative Tribunal determines that a councillor has engaged in serious councillor misconduct, the Tribunal may make a finding of serious misconduct against the councillor and may make any one or more of the following orders:

(a) cautioning or reprimanding the councillor;

(b) requiring the councillor to apologise to the complainant or other person affected by the contravention of the code of conduct, in the manner and form specified by the Tribunal;

(c) requiring the councillor to participate in counselling or undertake a training course;

(d) prohibiting the councillor from nominating as a candidate at any ordinary election or by-election for a period not exceeding 4 years;

(e) dismissing the councillor from office;

(f) suspending the councillor from office for a period of not less than 3 months but not more than 6 months;

(g) imposing on the councillor a fine not exceeding an amount equivalent to 50 penalty units.

(2)  If the Tasmanian Civil and Administrative Tribunal makes a finding of serious misconduct against a councillor, it may make an order that all or any of the costs of proceedings be paid by the councillor and in making such an order must take into account the nature and severity of the misconduct.

(3)  If, after hearing an application under this Division in respect of a councillor, the Tasmanian Civil and Administrative Tribunal determines that the councillor has not engaged in serious councillor misconduct but has contravened the code of conduct, the Tribunal may make a finding of misconduct against the councillor and may make any one or more of the following orders:

(a) cautioning or reprimanding the councillor;

(b) requiring the councillor to apologise to the complainant or other person affected by the contravention of the code of conduct, in the manner and form specified by the Tribunal;

(c) requiring the councillor to attend counselling or a training course;

(d) suspending the councillor from office for a period not exceeding 3 months.

(4)  If the Tasmanian Civil and Administrative Tribunal makes a finding against a councillor under subsection (3), the Tribunal may decline to make an order under that subsection if satisfied that it is not reasonable in the circumstances to make such an order.

(5)  A person who, without reasonable excuse, contravenes an order made under subsection (1) or (3) is guilty of an offence.

Penalty:  Fine not exceeding 50 penalty units.

(6)  For the avoidance of doubt, the making of an order by the Tasmanian Civil and Administrative Tribunal under this section is within the original jurisdiction of the Tribunal.

20.   

The amendment effected by this section has been incorporated into the authorised version of the Local Government Act 1993 .

21.    Section 62A amended (Order relating to general manager's functions generally)

Section 62A(4) of the Principal Act is amended by inserting before paragraph (a) the following paragraph:

(aa) section 20 ;

22.    Section 62B amended (Order relating to general manager's function to liaise with mayor)

Section 62B(4) of the Principal Act is amended by inserting before paragraph (a) the following paragraph:

(aa) section 20 ;

23.    Section 66 amended (Strategic plan)

Section 66 of the Principal Act is amended by omitting subsection (3) and substituting the following subsections:

(2A)  A strategic plan for a municipal area is to identify community wellbeing priorities and specify strategies for achieving outcomes in relation to those priorities.

(3)  In preparing a proposed strategic plan, a council is to –

(a) consult with the community in its municipal area and any authorities and bodies it considers appropriate; and

(b) have regard to the local government charter, if any.

(3A)  A council is to undertake any consultation under subsection (3)(a) in accordance with the council’s community engagement strategy.

24.    Section 70DA inserted

After section 70D of the Principal Act , the following section is inserted in Division 2:

70DA.   Community engagement strategy

(1)  A council must establish and implement a strategy for engagement with the community when developing the council’s plans, policies and programs and for the purpose of determining its major activities.

(2)  A council is to consult with the community and any authorities and bodies it considers appropriate when preparing a proposed community engagement strategy or reviewing an established community engagement strategy.

(3)  A community engagement strategy is to contain –

(a) strategies to ensure that the community is informed about, and has reasonable opportunity to contribute to, the decisions, activities and services of the council; and

(b) principles and procedures that the council will follow when engaging and consulting with the community; and

(c) such other matters as may be prescribed.

25.    Section 70E amended (Review of plans, strategies and policies)

Section 70E(1) of the Principal Act is amended as follows:

(a) by omitting from paragraph (f) "policy." and substituting "policy; and";

(b) by inserting the following paragraph after paragraph (f) :

(g) community engagement strategy.

26.    Section 70F amended (Orders determining minimum contents of plans, &c., and classes of assets)

Section 70F of the Principal Act is amended as follows:

(a) by omitting from subsection (1)(e) "policy." and substituting "policy; or";

(b) by inserting the following paragraphs after paragraph (e) in subsection (1) :

(f) a community engagement strategy; or

(g) a continuing professional development policy; or

(h) a workforce development plan.

(c) by inserting the following subsection after subsection (2) :

(2A)  In an order under subsection (1), the Minister may also specify requirements in relation to the preparation, development, consultation, review, contents and publication of all or any of the plans, strategies or policies referred to in that subsection.

28.   

The amendment effected by this section has been incorporated into the authorised version of the Local Government Act 1993 .

29.   

The amendment effected by this section has been incorporated into the authorised version of the Local Government Act 1993 .

30.   

The amendment effected by this section has been incorporated into the authorised version of the Local Government Act 1993 .

31.   

The amendment effected by this section has been incorporated into the authorised version of the Local Government Act 1993 .

32.   

The amendment effected by this section has been incorporated into the authorised version of the Local Government Act 1993 .

33.   

The amendment effected by this section has been incorporated into the authorised version of the Local Government Act 1993 .

34.   

The amendment effected by this section has been incorporated into the authorised version of the Local Government Act 1993 .

35.   

The amendment effected by this section has been incorporated into the authorised version of the Local Government Act 1993 .

36.   

The amendments effected by this section have been incorporated into the authorised version of the Local Government Act 1993 .

37.   

The amendment effected by this section has been incorporated into the authorised version of the Local Government Act 1993 .

38.   

The amendment effected by this section has been incorporated into the authorised version of the Local Government Act 1993 .

39.   

The amendment effected by this section has been incorporated into the authorised version of the Local Government Act 1993 .

40.   

The amendment effected by this section has been incorporated into the authorised version of the Local Government Act 1993 .

41.   

The amendments effected by this section have been incorporated into the authorised version of the Local Government Act 1993 .

42.   

The amendment effected by this section has been incorporated into the authorised version of the Local Government Act 1993 .

43.   

The amendment effected by this section has been incorporated into the authorised version of the Local Government Act 1993 .

44.   

The amendment effected by this section has been incorporated into the authorised version of the Local Government Act 1993 .

45.   

The amendment effected by this section has been incorporated into the authorised version of the Local Government Act 1993 .

PART 3 - Tasmanian Civil and Administrative Tribunal Act 2020 Amended

[Commences: Never commenced]

46.   Principal Act

In this Part, the Tasmanian Civil and Administrative Tribunal Act 2020 is referred to as the Principal Act.

47.    Schedule 2 amended (General Division)

Schedule 2 to the Principal Act is amended as follows:

(a) by omitting paragraph (f) from clause 2 of Part 5 and substituting the following paragraph:

(f) sections 28ZJ, 28ZP, 28ZW and 28ZX of the Local Government Act 1993 ;

(b) by inserting in clause 3(m) of Part 8 ", 28ZW, 28ZX" after "28ZP".

PART 5 - Local Government (Meeting Procedures) Regulations 2025 Amended

51.   Principal Regulations

In this Part, the Local Government (Meeting Procedures) Regulations 2025 are referred to as the Principal Regulations.