Local Government (Code of Conduct) Order 2024 (Tas)

Local Government (Code of Conduct) Order 2024

I make the following order under section 28R(1) of the Local Government Act 1993 .

3 September 2024

N. STREET

Minister for Local Government

1. Short title This order may be cited as the Local Government (Code of Conduct) Order 2024 .

2. Commencement This order takes effect on the day on which its making is notified in the Gazette.

3. Interpretation (1) In this order – Act means the Local Government Act 1993 . (2) The Acts Interpretation Act 1931 applies to the interpretation of this order as if this order were by-laws.

4. Code of conduct For the purposes of section 28R(1) of the Act, the code of conduct set out in Schedule 1 is the code of conduct relating to the conduct of councillors.

5. Legislation revoked The legislation specified in Schedule 2 is revoked.

SCHEDULE 1 - Code of conduct

PART 1 - Decision making

1. A councillor must bring an open and unprejudiced mind to all matters being decided in the course of the councillor's duties, including when making planning decisions as part of the council's role as a planning authority. 2. A councillor must make decisions free from personal bias or prejudgement in the course of the councillor's duties. 3. A councillor, in making decisions, must give genuine and impartial consideration to all relevant information known to the councillor, or of which the councillor should be reasonably aware. 4. A councillor must – (a) make decisions solely on merit; and (b) not take irrelevant matters or circumstances into account when making decisions.

PART 2 - Conflicts of interests that are not pecuniary

1. A councillor, in carrying out the councillor's public duty, must not be unduly influenced, nor be seen to be unduly influenced, by personal or private interests that the councillor may have. 2. A councillor must act openly and honestly in the public interest. 3. A councillor must uphold the principles of transparency and honesty and declare actual, potential or perceived conflicts of interest at any meeting of the council and at any workshop or any meeting of a body to which the councillor is appointed or nominated by the council. 4. A councillor must act in good faith and exercise reasonable judgement to determine whether the councillor has an actual, potential or perceived conflict of interest. 5. A councillor must avoid, and withdraw from, positions of conflict of interest as far as reasonably possible. 6. A councillor who has an actual, potential or perceived conflict of interest in a matter before the council must – (a) declare the conflict of interest and the nature of the interest before discussion of the matter begins; and (b) act in good faith and exercise reasonable judgement to determine whether a reasonable person would consider that the conflict of interest requires the councillor to leave the room during any council discussion and remain out of the room until the matter is decided by the council. 7. This Part does not apply in relation to a pecuniary interest.