Status: Bill introduced
Commencement: To be confirmed
This reform proposes that a council or committee meeting may only be closed to the public for a specific and limited set of circumstances and only to the extent necessary to ensure confidentiality. All council and committee meetings must otherwise be open to the public.
Where a meeting has been closed a local government will need to explain how the matter is confidential and document the steps it took to ensure that as much of the matter was considered publicly as possible.
Where the Inspector is satisfied that a meeting was closed for inappropriate reasons, they may direct the local government to publish the minutes, recording and other materials associated with that closed meeting.
These changes aim to ensure transparency of meetings and accountability so that council and committee meetings are only closed when absolutely necessary.
Read more about closed meetings.
Status: Regulations being developed
Currently each local government makes its own meeting procedures or standing orders, typically through a local law. This means each local government can have different processes for how motions are to be moved or for the public to ask questions or make statements.
A uniform set of regulations are proposed to be made to ensure that all council meetings operate in the same way. This means all local governments will have the same process for members of the public to participate in meetings. It will also mean the decision-making process for each local government will be the same.
This change is intended to simplify how local government meetings are conducted, improve transparency, simplify public involvement and make it easier to understand local government decision-making processes.
Status: Regulations published
Commencement: 1 January 2025
From 1 January 2025:
Recordings are to be published on the local government's website.
This change is intended to make council meetings more transparent by ensuring records are available of proceedings.
Local governments will need to be compliant with new requirements by 1 January 2025. This may include procuring equipment and ensuring staff have been trained on how to support council with livestreaming and recording.
An explanatory paper, Livestreaming and Recording of Council Meetings, provides local governments with more detail of the requirements for live streaming and recording of council meetings.
Find out your local government's class.
Status: Commenced
Commencement: 1 January 2024
Recent amendments to the Act provide for independent committee members to receive meeting fees. An independent committee member is a committee member who is not a council member or a local government employee.
In 2023, the Salaries and Allowances Tribunal made a variation to the Local Government Chief Executive Officers and Elected Members Determination. The variation sets the thresholds for the payment of meeting fees for independent committee members.
Local government councils may resolve to pay independent committee members and if so, will need to decide on the amount that will be paid in accordance with the Salaries and Allowances Tribunal determination.
Local governments will also have to make sure budget is available for the funds to be paid, processes to make payments are in place and any relevant policies are updated to reflect changes.
Commencement: 1 July 2023
Local governments are required to record voting information against each motion at a council or committee meeting. This information includes the:
It is the responsibility of the person presiding at the meeting to ensure that the information is recorded.
An example of how this might look is included below.
What a local government needs to do to implement the change
From 1 July 2023, voting information should be included against each motion voted on at a council or committee meeting. This includes procedural motions, amendment motions and alternative motions, but does not include situations where voting is conducted by secret ballot. Local governments should update templates and systems used for the purposes of taking minutes to allow for it to easily occur.
Persons presiding at council or committee meetings should also be made aware of this requirement so they can support minute takers by presiding over meetings using a method and pace that allows for information to be captured.
Councils are no longer permitted to allow a council member that has disclosed an interest under section 5.65 of the Act to be present during any discussion or decision-making procedure if the disclosure relates to the following:
Councils must ensure that they do not resolve to allow for a council member to be present when this situation applies.
CEOs can assist the council by making themselves aware of gift registers and interests disclosed at each meeting, to allow for advice to be provided if council is to consider participation.
The Minister may still set aside the interest, in accordance with the participation approval process.
Commencement: 19 May 2023
The number of signatures required to call a special electors' meeting has increased from 100 to 300.
A mayor or president can also direct that a special electors' meeting not be held on the same subject more than once in a 12-month period. If a request is refused, the local government is still required to refer the matter to be included on the agenda of the next council meeting.
The proposed standardised meeting procedures regulations, which are currently in development, will also apply to electors' meetings, including the annual electors meeting. This will enable the presiding member to maintain order while ensuring members of the public can ask questions.
Local governments are required to review all internal documents to reflect these changes, including procedures and any public facing information.