New rules for council meetings will be in place from the start of 2026, with key changes preventing councillor briefing sessions except on confidential matters and giving mayors more power to remove anyone disorderly.
The NSW Government has released a new Model Code of Meeting Practice, and all councils will need to adopt their own code containing its mandatory provisions by the end of this year.
The decision to prohibit briefing sessions for elected council representatives is one aspect of the changes that has disappointed Forbes Mayor and LGNSW president Phyllis Miller OAM.
“Councillors are elected to make informed decisions on behalf of their communities. Briefing sessions are not decision-making forums – they simply ensure councillors are properly equipped with the background and technical information they need before a matter comes to the public chamber,” Mayor Miller said.
“These briefings lead to better informed representatives and, ultimately, better decision-making outcomes for communities, but decisions are – and always will be – made transparently in council meetings, in full view of the public."
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The other key items in the new code are:
Encouraging councils to hold public forums preferably before committee meetings, or if they choose council meetings, to enable community engagement in local matters;
Expanding the powers of the mayor to remove councillors from meetings for acts of disorder;
Expanding the powers of the mayor to remove members of the public if they disrupt council meetings;
Requiring information considered at closed meetings to be made public after it ceases to be confidential;
Requiring councils to give reasons when making decisions on planning matters that depart from staff recommendations (as recommended by ICAC);
Promoting neutrality in the role of the general manager;
Requiring council and committee meetings to be live streamed to give the community and media access to council decision making, and to require those videos to be public for at least the rest of the council term, or 12 months in the case of a meeting in an election year.
Forbes Shire Council already offers the opportunity for community members to speak in public forum prior to council meetings, and livestreams all its meetings through its facebook page.
Minister for Local Government Ron Hoenig said the council chamber should be a place of dignity, where debate and decision making takes place in full view of the community.
“Making decisions on behalf of communities is the very role of a councillor, and all councillors should never lose sight of this core responsibility,” he said.
“These changes should ensure that, in a council chamber or committee meeting, mechanisms are in place to prevent the derailing of meetings and overshadowing the important work of local government.
“Council and committee meetings must be effective, transparent and genuine, and strive for outcomes to benefit the community.”
The NSW Government says a new Code of Conduct for councillors is being finalised as well as associated legislative changes, which will see significant changes to how misconduct is dealt with in local government.
Mayor Miller said the sector supported moves to improve probity and process in all spheres of government.
“We acknowledge the intent of the NSW Local Government Minister in his aim to seek to raise the level of respect for councils both in the community and in the chamber,” she said.
“We’ve had the opportunity, along with councils, to provide feedback on the drafting of the model code and are now working through the details of the Minister’s new code to understand its application in the sector.
“As someone who we know cares deeply about councils, we know the Minister will welcome feedback from LGNSW and councils about the operation of the new code and whether any additional matters may arise as a result of putting it into practice that need to be more fully considered.”
