Local Government NSW (LGNSW) has called on the State Government to provide clear guidance and direction as to how councils should proceed with meeting arrangements following the passing of a disallowance motion last week.
“I’m aware the Office of Local Government has written to all general managers and CEOs to provide some initial advice, but the way forward is still not abundantly clear,” said LGNSW President and Inner West Council Mayor, Darcy Byrne.
“As we have asserted from the beginning, the new Model Code implemented in January had a number of flaws, including the ban on briefings and the prohibition on councillors attending meetings via audio visual link.”
While the Model Code was flawed, the disallowance in the Legislative Council on Tuesday night has resulted in widespread confusion and uncertainty, President Byrne said.
“If a new regulation is now brought forward by the Minister, it must be done in close consultation with the local government sector and it needs to be workable and practical. It’s important that the Government actually listens to the voice of councillors on this matter.”
NSW Country Mayors Association (CMA) Chairman, Mayor Rick Firman OAM also expressed concern, saying councils must now “wind the clock back” on the implementation of the Model Code.
“It is unfortunate that our representatives in the NSW Parliament were unable to negotiate the introduction of an amendment to the Code of Meeting Practice to allow attendance at meetings by audio-visual link. While we understand that talks were underway for this to occur, they had dragged on for some time resulting in the Disallowance motion,” he said.
“The CMA has, since the introduction of the new Code, lobbied consistently for a reversion to the previous arrangements whereby councillors who were unable to attend a meeting in person could do so by AVL. Many councillors serving on remote, rural and regional councils live a very long way from their council chambers, in some instances attending a meeting requires travelling hundreds of kilometres. Nevertheless, they commit to doing this and in the main they manage it. However, sometimes due to factors beyond their control they cannot make the journey, and this is why the ability to attend by AVL is so important.
“Many of our members were also deeply dissatisfied with the new Code’s requirement that councillors could no longer hold briefings in private. The CMA also lobbied for this to be returned to the Code, our members strongly believe that councillors must have the opportunity to explore, learn and investigate proposals before council without third-party scrutiny. Decision-making by councillors should be informed, and sometimes this must be done by way of private briefings where matters can be aired without fear or favour,” Mayor Firman said.
CMA Deputy Chairman and Mayor of Bega Shire, Russell Fitzpatrick, echoed concerns about the costs associated with the now defunct 2025 Code as well as the time it has taken for amendments.
“Councillors and General Managers just want certainty on the process they must follow,” Mayor Fitzpatrick said.
“We understand that the Government had been examining the feedback received from Dr Cohn MLC, the Country Mayors Association and Local Government NSW on the Model Meeting Code, with quite advanced drafting on an updated code. We are hoping that drafting for the new Code will be completed as soon as possible.
“We encourage the Government, Coalition, Greens and Cross-Benchers to work as quickly and as collaboratively as possible to remove the current uncertainty. The CMA as a key stakeholder would welcome any opportunity to provide input into the resolution of the issue,” he said.
