02 September 2025, 9:02 PM
Councillors accused of significant misconduct will have proceedings commenced against them in the Land and Environment Court under planned changes by the NSW Government as part of the overhaul of the broken councillor conduct framework.
The proposed reforms will cut through red tape, enable quicker action and stronger penalties against misbehaving councillors, which have been sorely missing under current processes.
Currently, councillor misconduct matters are heard by the NSW Civil and Administrative Tribunal (NCAT). This involves a slow statutory and bureaucratic process, which historically can take years to resolve matters that need to be dealt with quickly to preserve public trust in local government.
The proposed move to the Land and Environment Court would provide a more streamlined process to deal with rogue councillors whose behaviour presents a risk to other councillors, council staff and the community.
The Land and Environment Court is a Superior Court, has substantial expertise in local government matters and already deals with most of the Local Government Act litigation.
The Government’s proposed changes include that:
The change of jurisdiction complements a suite of changes, including:
Legislation to enable the change of jurisdiction to the Land and Environment Court will be introduced to Parliament in this parliamentary session.
Minister for Local Government Ron Hoenig said, “The process for holding councillors to account for serious misconduct is too weak and is hamstrung by procedural complexity.
“Currently, a councillor can only be suspended after a bureaucrat in the Office of Local Government has written a report. The system is long, slow, and ineffective.
“I believe that elected councillors who have committed serious misconduct should only be suspended from office by a judge of a superior court who has heard from both sides.
“Preventing and delaying action to address misconduct in councils has eroded public trust in local government.
“The Court will deal with serious matters, ending the misuse of the code of conduct framework as a means to settle political squabbles.
“I have consulted with the Attorney General and Chief Judge of the Land and Environment Court, and further consultation will be undertaken with key stakeholders on the legislation to amend the Local Government Act.
“Misbehaviour that threatens the safety of councillors, council staff and the community has no place in local government and will not be tolerated.”