In 2023 the Office of Local Government released a discussion paper on councillor misconduct to seek feedback from the local community, stakeholders, councils, council staff and elected representatives. The discussion paper can be accessed here.

Legislation to amend the Local Government Act 1993 to give effect to the proposals outlined in the discussion paper is anticipated in 2024 and 2025.

The ‘Addressing councillor misconduct’ paper proposed pathways to consider serious sanctions, including dismissal, in cases where a councillor’s conduct warrants that consideration. Recently and widely acknowledged events have highlighted the limitations of the existing statutory framework, which provides narrower mechanisms than those available in other states.

The discussion paper proposed that the Code of Conduct Panel, or the Tasmanian Civil and Administrative Tribunal (TASCAT), be enabled to impose more serious sanctions including suspensions of up to six months or dismissal, but only where the Director of Local Government is the complainant. Government has elected not to pursue the separate option outlined to allow the Minister for Local Government to establish a Board of Inquiry into one or multiple councillors.

A framework to address serious councillor misconduct will be legislated once the outstanding matter of the prospective transfer of the Code of Conduct Framework, or elements of it, to TASCAT is resolved.

Legislative reforms to deliver a model with an appropriate degree of independence from the Minister for Local Government of the day, and recognising the unique role of councillors as democratic representatives of their community, are anticipated in 2024 and 2025.

Submissions

The comment period for the two discussion papers closed on 19 April 2023.

In accordance with the Tasmanian Government’s Public Submission Policy, in the absence of clear information that a submission is to be treated as confidential, submissions are considered public information.

Submissions received are published below.

Break O'Day Council Submission - Councillor Misconduct

Circular Head Council - Councillor Misconduct - Redacted

Devonport City Council Submission - Councillor Misconduct

Huon Valley Council Submission - Councillor Misconduct

Integrity Commission Submission

Jenny Cambers-Smith Submission

Kentish Council Submission

Latrobe Council Email - Redacted

Latrobe Council Submission

Launceston City Council Submission - Councillor Misconduct

Northern Midlands Council Submission - Councillor Misconduct

Paul Terrett Submission - Councillor Misconduct - Redacted