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…
ALERT – Revised Model Code of Conduct and Associated Procedures for Local Councils in NSW
15 Aug, 2020
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…
Busting the myth: is information released under the GIPA Act really released ‘to the world’?
15 Aug, 2020
The release of information under the Government Information (Public Access) Act 2009 (GIPA Act) is commonly referred to as being a release to the world at large. However, this view erroneously conflates the requirement in the GIPA Act for the…
The NSW Civil and Administrative Tribunal has again dealt with a dispute concerning public access to copyright material under the Government Information (Public Access) Act 2009 (GIPA Act). While the facts of this case are similar to those of a case…
Council delegations are an important governance tool at any time. During the current Novel Coronavirus (COVID-19) crisis, delegations provide a means of enabling councils to continue functioning in a timely and responsive manner as events unfold quickly and urgent decisions…
ALERT – Bill to Ban Real Estate Agents and Property Developers From Holding Civic Office
2 Mar, 2020
On 27 February 2020 the Local Government Amendment (Disqualification from Civic Office) Bill 2020 (“Bill”) was introduced into parliament. It proposes to amend s 275 of the Local Government Act 1993 to provide that real estate agents and property developers…
The deadline for the preparation of community participation plans (CPPs) is fast approaching. NSW planning authorities, including councils and State government agencies with key planning approval functions, are required to have prepared their first CPP before 1 December 2019. Council’s…
On 2 October 2019, the Office of Local Government (‘OLG‘) issued Circular No 19-25 (‘Circular‘) following the recent Supreme Court decision in Cornish v Secretary, Department of Planning, Industry and Environment [2019] NSWSC 1134 (‘Cornish‘). The OLG is considering the…
Legislation and codes of conduct apply to both State and local government employees in NSW. We are frequently asked whether the restrictions on conduct contained in such codes may infringe upon the implied right to freedom of political communication. The…
The NSW Civil and Administrative Tribunal has recently considered the extent to which a local council carries on a business for the purposes of the Fair Trading Act 1987 and the Competition and Consumer Act 2010 (CCA). The judgment contains…
The governing body of Council is frequently required to consider sensitive documentation when making decisions. Sometimes, the Council needs to make arrangements to secure the information provided to councillors. In Barrak v City of Parramatta Council [2019] NSWLEC 59, the Court…
The Governor has issued further orders that change administrative arrangements and Ministerial responsibilities in NSW. These orders are the Administrative Arrangements (Administration of Acts—General) Order (No 2) 2019 (‘General Order‘), Administrative Arrangements (Administrative Changes—Ministers) Order (No 2) 2019 (‘Ministers Order‘),…