The model may be supplemented with additional provisions, provided the existing model isn’t contradicted. The code has no legislative effect on employees. Victoria Yes The code must contain certain provisions as set in regulations. The remaining content is left to the local government’s discretion, provided it does not contradict the Act. Members who fail to comply with the code commit misconduct and can be reported for investigation. The code has no legislative effect on employees. Queensland No Conduct requirements are addressed by Act and Regulations. Code of conduct is optional. None The code has no application to councillors. Employees are required to comply with a code if one exists. South Australia No Conduct requirements are addressed by the Act and Regulations. Code of conduct is optional. None Not applicable Tasmania Yes Local governments must adopt the model code of Members who fail to comply with the code commit
conduct as prepared by the Minister. Variations can be made if the regulations state that this variation is permitted. The model may be supplemented with additional provisions, provided the existing model isn’t contradicted. misconduct and can be reported for investigation. The code has no legislative effect on employees. Northern Territory Yes The code must contain certain provisions as set in regulations. The remaining content is left to the local government’s discretion, provided it does not contradict the Act. Members who fail to comply with the code commit misconduct and can be reported for investigation. The code has no legislative effect on employees. As the above comparison shows, the jurisdictions differ regarding the requirements for a codes content. Code of conduct requirements As part of the review of the Act, the State Government is investigating whether codes of conduct are necessary and if so, whether the level of prescription should be changed. The consideration of other jurisdictions raises potential options outlined below: Option Advantages Disadvantages Codes of conduct are no longer required. Increased autonomy for local governments. Local governments may not clearly specify (in any form) the standard of
Mandatory conduct requirements could be addressed in regulations. behaviour expected of employees and elected members leading to increased uncertainty about expectations. May require a strengthening of the Rules of Conduct Regulations. Codes of conduct are required but the content is left to the local government’s discretion. Increased autonomy for local governments. Mandatory conduct requirements could be addressed in regulations. Risk of code imposing improper requirements. Local governments may not clearly specify the standard of behaviour expected of employees and elected members leading to increased uncertainty about expectations. Codes of conduct are required. The content of a code is partially prescribed in regulations, but is otherwise at the local government’s discretion. Status quo Risk of code imposing improper requirements. Local governments may not clearly specify the standard of behaviour expected of employees and elected members leading to increased uncertainty about expectations. Codes of conduct are required. The content of a code is prepared by a local government and approved by the Minister. The Minister’s approval could prevent the imposition of improper or unclear requirements while maintaining local government autonomy. Increased burden on Department and Ministerial staff to assess draft codes. Increased red tape. Reduced autonomy for local governments. Codes of conduct are required Create more uniformity in the codes of conduct between districts. Reduced autonomy for local governments.
Information available for public inspection: Guidance questions Using the following table, advise how you think information should be made available: Provision Documents In person only Website only Both Neither Section 5.53 Annual Report Section 5.75 & 5.76 Primary and Annual returns – for Elected members Includes – sources of income Trusts Debts Property holdings. Interests and positions in corporations. Section 5.87 Discretionary disclosures generally Section 5.82 Gifts (already required to be on the website) Section 5.83 Disclosure of travel contributions (already required to be on the website) Elections Regulations 30H Electoral gifts register Section 5.98A Allowance for deputy mayor or deputy president Section 5.100 Payments for certain committee members Functions and General Tenders register
Functions and General Regulation 14 Invitation for tenders Tender process applies whenever the local government seeks to acquire goods or services above a prescribed amount Functions and General Regulation 21 Expression of interest for prospective suppliers This process is used to obtain a group of prospective suppliers prior to formal tender process Functions and General Regulation 24AD Panel of pre-approved suppliers Similar to tender process, but conducted in advance Functions and General Regulations 24E Regional price preference policy Notice must specify the region to which the policy will apply and invite submissions (4 week minimum)