Draft Code of Meeting Practice 2022

The NSW Government requires all councils to adopt a Code of Meeting Practice within 12 months of a local government election. Councils must ensure that their new Code complies with the provisions of the Model Meeting Code.

The OLG prepared a new Model Meeting Code which was prescribed under the Local Government (General) Regulation 2021 in November 2021. The Model Meeting Code provides a uniform set of meeting rules for councils across NSW to ensure more accessible, orderly, effective and efficient meetings.

The latest Model Meeting Code contains new provisions relating to the webcasting of meetings and the attendance by councillors at meetings using audio-visual link, including in the event of natural disasters or public health emergencies.

In March 2021, NSW councils were given temporary exemption from the requirement for councillors to attend meetings in person as a consequence of the social distancing and other restrictions imposed during the COVID-19 pandemic. The exemption was initially set to expire on 31 December 2021 but has been extended until 30 June 2022 to allow councils time to adopt their new codes of meeting practice. If councils wish to continue allowing attendance by audio-visual link at meetings, they will need to include those provisions in their new Codes. If they do not adopt a new code with those provisions by 30 June 2022, they will not be permitted to hold meetings by audio-visual link after that date.

The draft QPRC Code of Meeting Practice 2022 contains those provisions that will permit attendance at meetings by audio-visual link into the future.

The Model Meeting Code contains a number of mandatory and other non-mandatory clauses which reflect best practice. It also contains a recommendation from the Independent Commission Against Corruption (ICAC) that business papers include a reminder to councillors of their oath or affirmation of office and their conflict of interest disclosure obligations. These have been incorporated into the draft QPRC Code.

Councils must not include any discretionary provisions that are inconsistent with the mandatory provisions of the Model Meeting Practice. No such provisions are in the draft QPRC Code.

A consultation draft will be placed on exhibition for a period of 28 days from 17 January - 14 February with a further 15 days for written submissions from the community. Submissions will be included in a report to either the March or April Council meeting for consideration before final adoption of the new Code.