Model Councillor Code of Conduct

From October 2024, all Councillors are required to observe the Model Code of Conduct. The Model Code of Conduct replaces the previous statutory requirement for each Council to develop its own Councillor Code of Conduct.

The Model Code of Conduct establishes clear standards for the behaviour and responsibilities of Councillors. It ensures that Councillors can effectively perform their duties and functions, supporting the Council in its role to provide good governance for the benefit and wellbeing of the municipal community. By setting these expectations, Councillors are better equipped to perform their duties in a manner that reflects the values of integrity, transparency, respect and accountability.

1. Performing the role of a Councillor

A Councillor must do everything reasonably necessary to ensure that they perform the role of a Councillor effectively and responsibly, including by:

a) representing the interests of the municipal community by considering and being responsive to the diversity of interests and needs of the municipal community; and

b) being fit to perform the role of a Councillor when acting in that capacity or purporting to act in that capacity; and

c) diligently using Council processes to become informed about matters which are subject to Council decisions; and

d) not performing or purporting to perform any responsibilities or functions of the Chief Executive Officer; and

e) acknowledging and supporting the Mayor in the performance of the role of the Mayor, including by

i. respecting and complying with a ruling of the Mayor as the chair of Council meetings (unless dissenting from the ruling in accordance with the Council's Governance Rules); and

ii. refraining from making public comment, including to the media, that could reasonably be perceived to be an official comment on behalf of the Council where the Councillor has not been authorised by the Mayor to make such a comment.

2. Behaviours

1) A Councillor must treat others, including other Councillors, members of Council staff and members of the public, with dignity, fairness, objectivity, courtesy and respect, including by:

a) not engaging in demeaning, abusive, obscene or threatening behaviour, including where the behaviour is of a sexual nature; and

b) not engaging in behaviour that intentionally causes or perpetuates stigma, stereotyping, prejudice or aggression against a person or class of persons; and

c) not engaging in discrimination* or vilification; and

d) supporting the Council, when applying the Council's community engagement policy, to develop respectful relationships and partnerships with Traditional Owners, Aboriginal community controlled organisations and the Aboriginal

community; and

e) supporting the Council in fulfilling its obligation under the Act or any other Act (including the Gender Equality Act 2020) to achieve and promote gender equality; and

f) ensuring their behaviours and interactions with children are in line with the Council's policies and procedures as a child safe organisation and obligations under the Child Wellbeing and Safety Act 2005 to the extent that they apply to Councillors.

2) A Councillor, as an individual at the workplace, must take reasonable care for their own health and safety and take reasonable care that their acts or omissions do not adversely affect the health and safety of other persons by:

a) adhering to applicable systems and policies put in place by the Chief Executive Officer to manage risks to health and safety in the workplace; and

b) complying, so far as the Councillor is reasonably able, with any reasonable instruction that is given by the Chief Executive Officer to manage risks to health and safety.

3) A Councillor must act in accordance with any policies, practices and protocols developed and implemented under section 46 of the Act that support arrangements for interactions between members of Council staff and Councillors.

* Discrimination means unfair or unfavourable treatment of a person on the grounds of an attribute specified in section 6 of the Equal Opportunity Act 2010.

3. Good governance

A Councillor must comply with the following Council policies and procedures required for delivering good governance for the benefit and wellbeing of the municipal community:

a) the Council's expenses policy adopted and maintained under section 41 of the Act;

b) the Council's Governance Rules developed, adopted and kept in force by the Council under section 60 of the Act, including in relation to:

i. conduct in Council meetings or meetings of delegated committees; and

ii. requesting and approval of attendance at Council meetings and meetings of delegated committees by electronic means of communication; and

iii. the Council's election period policy included in the Council's Governance Rules under section 69 of the Act, including in ensuring that Council resources are not used in a way that is intended to influence, or is likely to influence, voting at a general election or by-election;

c) the Council's Councillor gift policy adopted under section 138 of the Act;

d) any direction of the Minister given under section 175 of the Act.

4. Integrity

1. A Councillor must act with integrity, exercise reasonable care and diligence and take reasonable steps to avoid any action which may diminish the public's trust and confidence in the integrity of local government, including by:

a) ensuring that their behaviour does not bring discredit upon the Council; and

b) not deliberately misleading the Council or the public about any matter related to the performance of their public duties; and

c) not making Council information publicly available where public availability of the information would be contrary to the public interest.

Note: See the public transparency principles set out in section 58 of the Act.

2. A Councillor must not, in their personal dealings with the Council (for example as a ratepayer, recipient of a Council service or planning applicant), expressly or impliedly request preferential treatment for themselves or a related person or entity.

5. The Model Councillor Code of Conduct does not limit robust public debate

Nothing in the Model Councillor Code of Conduct is intended to limit, restrict or detract from robust public debate of issues in a democracy.