On 17 May 2022, the Office of Local Government (‘OLG‘) issued Circular No. 22-12 (‘Circular‘) in response to recommendations made by the Independent Commission Against Corruption (‘ICAC‘) as a result of its investigation of the former Canterbury City Council (‘Operation…
On 7 April 2022, the Office of Local Government released the following two new model policies for local councils in New South Wales: Model Councillor and Staff Interaction Policy (CSI Policy) Model Social Media Policy (Social Media Policy) These two policies…
On 7 March 2022, the Office of Local Government (‘OLG‘) released a new circular to councils regarding two new guidelines: the Public-Private Partnerships Guidelines (‘PPP Guidelines‘) and the Formation of Corporations and Entities (Section 358) Guideline. Although some interrelationship between two…
Government at all levels frequently enters contracts with individuals as independent contractors rather than as employees. In construing whether these contracts achieve this intent the courts have tended to look at the whole of the relationship, not just the terms…
On 8 September 2021, the High Court of Australia held that under defamation law media companies are ‘publishers’ of comments made by members of the public on their Facebook posts and are responsible for the moderation of comments on the…
The Defamation Amendment Act 2020 (Amending Act) commenced operation on 1 July 2021. It represents the first stage of proposed reforms to defamation law. The Amending Act significantly reformed the Defamation Act 2005 (Defamation Act). But how are these changes relevant to…
On 23 July 2021, the Online Safety Act 2021 (Cth) (‘OS Act‘) received Royal Assent from the Governor-General. The OS Act will commence a day to be fixed by Proclamation or the day after the end of the period of 6…
The Office of Local Government (‘OLG’) recently released a consultation draft for a Model Social Media Policy for councils (‘Draft Policy’). With social media increasingly used for council communications, the Draft Policy represents a significant step forward in best practice…
On 4 May 2021, a Principal Member of the Occupational Division of the New South Wales Civil and Administrative Tribunal (‘NCAT‘) found that a Sydney metropolitan council’s mayor had a non-pecuniary conflict of interest in a matter which caused him…
Local governments play an important role in Australia’s foreign relations. Indeed, the Australian Local Government Association noted in its submission to a recent Senate inquiry (‘Senate Inquiry‘) that there are at least 37 arrangements between councils and foreign entities, as…
Effective procurement procedures are important to ensure that local government procurement delivers the best value for money for the community and avoids or minimises the potential for fraud and conflicts of interest. The current regulatory environment is set out in…
On 7 August 2020, the NSW Government published The Model Code of Conduct for Local Councils in NSW 2020 (New Model Code) and the New Code for the Administration of The Model Code of Conduct for Local Councils in NSW…