Local Government Inspector

Tranche 2

Status: Bill being drafted.

Commencement: to be confirmed.

What is being proposed?

The Office of the Local Government Inspector will be established to improve the way that council member and local government staff conduct is regulated.

The Inspector will:

• receive minor and serious breach complaints about council members
• oversee complaints about CEOs
• have the powers of a standing inquiry to be able to investigate and intervene in any local government where potential issues are identified
• have the authority to assess, triage, refer, investigate, or close complaints – having regard to various public interest criteria and considering other legislation such as the Corruption, Crime and Misconduct Act 2003, the Occupational Safety and Health Act 1984, the Building Act 2011
  
• have the power to order a local government to address non-compliance with the Local Government Act 1995 or Regulations.

Local governments will still be responsible for dealing with behavioural complaints from the Local Government (Model Code of Conduct) Regulations 2021.

How these changes help

The introduction of the Local Government Inspector and changes to the way conduct is regulated aims to improve local government compliance, support better decision making and facilitate early resolution of issues that arise. New complaint processes will seek to reduce the time it takes to deal with conduct issues.

Monitors

Tranche 2

Status: Bill being drafted.

Commencement: To be confirmed.

What’s being proposed?

A panel of Local Government Monitors will be established. Monitors will be appointed by the Inspector with the aim of proactively fixing problems.

Monitors will be qualified specialists with expertise in areas where potential issues are identified.

Local governments will be able to request the Inspector to appoint a monitor for a specific purpose. The Inspector will also be able to appoint a monitor on the Inspector's own initiative in response to potential issues or risks.

How these changes help

Monitor appointments may allow for issues in a local government to be resolved before they escalate, enabling quicker resolution times and better outcomes for communities. Appointing a monitor may also reduce costs if issues can be resolved early and do not progress to more intensive resolution methods. It is hoped that a monitor could lead to a proactive attitude to compliance by the local government and a focus on plans for improvement.