{"id":"tas:sr-2024-043","name":"Local Government (Code of Conduct) Order 2024","slug":"local-government-code-of-conduct-order-2024","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"43 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177040,"registerId":"tas-tas:sr-2024-043-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Local Government (Code of Conduct) Order 2024](/view/html/inforce/2026-04-12/sr-2024-043) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day on which its making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this order –\n> > \n> > > ***Act*** means the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) .\n> \n> > (2)  The [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) applies to the interpretation of this order as if this order were by-laws.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Code of conduct","content":"### 4 Code of conduct\n\n> For the purposes of [section 28R(1)](/view/html/inforce/2026-04-12/act-1993-095#GS28R@Gs1@EN) of the Act, the code of conduct set out in [Schedule 1](#JS1@EN) is the code of conduct relating to the conduct of councillors.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Legislation revoked","content":"### 5 Legislation revoked\n\n> The legislation specified in [Schedule 2](#JS2@EN) is revoked.","sortOrder":4},{"sectionNumber":"SCHEDULE 1 - Code of conduct","sectionType":"part","heading":"SCHEDULE 1 - Code of conduct","content":"# SCHEDULE 1 - Code of conduct SCHEDULE 1 - Code of conduct","sortOrder":5},{"sectionNumber":"Part 1","sectionType":"part","heading":"Decision making","content":"# Part 1 Decision making\n\n> **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.\n\n> **2.**   A councillor must make decisions free from personal bias or prejudgement in the course of the councillor’s duties.\n\n> **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.\n\n> **4.**   A councillor must –\n> \n> > > (a) make decisions solely on merit; and\n> > \n> > > (b) not take irrelevant matters or circumstances into account when making decisions.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Conflicts of interests that are not pecuniary","content":"# Part 2 Conflicts of interests that are not pecuniary\n\n> **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.\n\n> **2.**   A councillor must act openly and honestly in the public interest.\n\n> **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.\n\n> **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.\n\n> **5.**   A councillor must avoid, and withdraw from, positions of conflict of interest as far as reasonably possible.\n\n> **6.**   A councillor who has an actual, potential or perceived conflict of interest in a matter before the council must –\n> \n> > > (a) declare the conflict of interest and the nature of the interest before discussion of the matter begins; and\n> > \n> > > (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.\n\n> **7.**   This Part does not apply in relation to a pecuniary interest.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Use of office","content":"# Part 3 Use of office\n\n> **1.**   The actions of a councillor must not bring the council or the office of councillor into disrepute.\n\n> **2.**   A councillor must not take advantage, nor seek to take advantage, of the councillor’s office or status to influence others improperly to gain an undue, improper, unauthorised or unfair benefit, or detriment, for the councillor, another person or a body.\n\n> **3.**   A councillor, in the councillor’s personal dealings with the council (for example as a ratepayer, recipient of a council service or planning applicant), must not expect or request, expressly or implicitly, preferential treatment for the councillor, another person or a body.","sortOrder":8},{"sectionNumber":"Part 4","sectionType":"part","heading":"Use of resources","content":"# Part 4 Use of resources\n\n> **1.**   A councillor must use council resources appropriately in the course of the councillor’s public duties.\n\n> **2.**   A councillor must not use council resources for private purposes except as provided by council policies and procedures.\n\n> **3.**   A councillor must not allow the misuse of council resources by another person or a body.","sortOrder":9},{"sectionNumber":"Part 5","sectionType":"part","heading":"Use of information","content":"# Part 5 Use of information\n\n> **1.**   A councillor –\n> \n> > > (a) must only access or use council information as needed to perform the councillor’s duties and functions; and\n> > \n> > > (b) must not access or use council information for personal reasons or non-official purposes.\n\n> **2.**   A councillor must only release council information –\n> \n> > > (a) in accordance with established council policies and procedures; and\n> > \n> > > (b) in compliance with relevant legislation.","sortOrder":10},{"sectionNumber":"Part 6","sectionType":"part","heading":"Gifts and benefits","content":"# Part 6 Gifts and benefits\n\n> **1.**   A councillor may accept an offer of a gift or benefit if it –\n> \n> > > (a) directly relates to the carrying out of the councillor's public duties; and\n> > \n> > > (b) is appropriate in the circumstances; and\n> > \n> > > (c) is not in contravention of relevant legislation.\n\n> **2.**   A councillor must avoid situations in which a reasonable person would consider that a person or body, through the provision of gifts or benefits, is securing, or attempting to secure, influence or a favour from the councillor or the council.","sortOrder":11},{"sectionNumber":"Part 7","sectionType":"part","heading":"Relationships with community, councillors and council employees","content":"# Part 7 Relationships with community, councillors and council employees\n\n> **1.**   A councillor must –\n> \n> > > (a) treat all persons fairly; and\n> > \n> > > (b) not cause a reasonable person offence or embarrassment; and\n> > \n> > > (c) not bully or harass a person.\n\n> **2.**   A councillor must –\n> \n> > > (a) listen to, and respect, the views of other councillors in council and committee meetings and all other proceedings of the council; and\n> > \n> > > (b) endeavour to ensure that issues, not personalities, are the focus of debate.\n\n> **3.**   A councillor must not contact or issue instructions to a council contractor or tenderer without appropriate authorisation.\n\n> **4.**   A councillor must not contact an employee of the council in relation to council matters unless authorised by the general manager of the council.\n\n> **5.**   A councillor must not, in the councillor’s relationships with persons, other councillors, the council, employees of the council or other bodies, engage in conduct that is prohibited conduct.","sortOrder":12},{"sectionNumber":"Part 8","sectionType":"part","heading":"Representation","content":"# Part 8 Representation\n\n> **1.**   A councillor must accurately represent the policies and decisions of the council when giving information to the community.\n\n> **2.**   A councillor must not knowingly misrepresent information that the councillor has obtained in the course of the councillor’s duties.\n\n> **3.**   A councillor must not speak on behalf of the council unless specifically authorised or delegated by the mayor.\n\n> **4.**   A councillor must clearly indicate if a view put forward by the councillor is a personal view.\n\n> **5.**   A councillor’s personal views must not be expressed publicly in such a way as to –\n> \n> > > (a) undermine the decisions of the council; or\n> > \n> > > (b) bring the council into disrepute.\n\n> **6.**   A councillor must show respect when expressing personal views publicly.\n\n> **7.**   A councillor’s personal conduct must not reflect, or have the potential to reflect, adversely on the reputation of the council.\n\n> **8.**   A councillor appointed to represent the council on external bodies must strive to –\n> \n> > > (a) understand the basis of the appointment; and\n> > \n> > > (b) be aware of the ethical and legal responsibilities attached to such an appointment.","sortOrder":13},{"sectionNumber":"SCHEDULE 2 - Legislation revok","sectionType":"part","heading":"SCHEDULE 2 - Legislation revoked","content":"# SCHEDULE 2 - Legislation revok SCHEDULE 2 - Legislation revoked\n\n[Clause 5](#GS5@EN)\n\n| Local Government (Model Code of Conduct) Order 2016 (No. 23 of 2016) |\n| Local Government (Model Code of Conduct) Amendment Order 2018 (No. 88 of 2018) |\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 10 September 2024\n\nThis order is administered in the Department of Premier and Cabinet.","sortOrder":14}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to determine whether the scope changed from the original intent. The document only contains administrative metadata (version dates, amendment table references, and authorship information). No assessment of scope drift is possible from this extract alone."},"complexity_factors":["Only metadata/status information was provided — the substantive content of the Order is absent, making full analysis impossible","Codes of conduct can involve layered complaint and disciplinary procedures that add procedural complexity","Interaction with the parent legislation (Local Government Act 1993 (Tas)) adds a layer of cross-referencing","Amendments may have altered original provisions, requiring comparison of versions"],"plain_english_summary":"This Order establishes a Code of Conduct setting minimum behavioural standards for Tasmanian local council members (mayors, councillors, aldermen), affecting elected officials, council staff who deal with them, and residents who may complain. It covers treatment of others, conflicts of interest, use of council resources and confidential information, and enables formal complaints and discipline for breaches. The extract provided here contains only metadata (the detailed Code text isn’t included); the Order commenced on 10 September 2024."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original purpose as a code of conduct for councillors. It replaces the 2016 Model Code with an updated version but does not expand beyond regulating councillor conduct into new areas such as council staff conduct, administrative procedures, or operational matters."},"complexity_factors":["Only 1 defined term ('Act') in the interpretation section","No nested exceptions or complex conditional logic – most rules are straightforward 'must' or 'must not' obligations","Simple structure: 8 thematic parts with numbered paragraphs, no cross-referencing between parts","Single incorporation by reference (Acts Interpretation Act 1931 applies as if order were by-laws)","Clear carve-out in Part 2, clause 7 excluding pecuniary interests (simple binary exclusion)","Revocation schedule is a simple table listing 2 revoked instruments"],"plain_english_summary":"This legislation sets out the rules of behaviour for local councillors in Tasmania (the **Local Government (Code of Conduct) Order 2024**). It replaces an older code from 2016 and tells elected council members how they must act when doing their job.\n\n**Who it affects:**\n- **Councillors** – elected members of Tasmanian local councils who must follow these rules\n- **Local councils** – the organisations that must enforce the code\n- **Council staff and contractors** – who interact with councillors bound by these rules\n- **The public** – who can expect councillors to behave according to these standards\n\n**What it does:**\nThe code covers eight main areas of councillor conduct:\n\n- **Decision-making** – councillors must be open-minded, unbiased, and base decisions on facts and merit, not personal opinions\n- **Conflicts of interest (non-financial)** – councillors must declare and avoid situations where personal interests could influence their public duties\n- **Use of office** – councillors cannot use their position for personal gain or to improperly influence others\n- **Use of resources** – council property and money must be used for official purposes only\n- **Use of information** – confidential council information must be kept secure and only shared properly\n- **Gifts and benefits** – councillors can only accept gifts that relate to their official duties and aren't attempts to buy influence\n- **Relationships** – councillors must treat people fairly, avoid bullying, respect fellow councillors, and not bypass the council's management structure by giving direct orders to staff or contractors\n- **Representation** – when speaking publicly, councillors must accurately represent council decisions, clearly label personal opinions, and not bring the council into disrepute\n\n**Why it matters:**\nThis code is legally binding. If councillors break these rules, they can face investigations and penalties under the *Local Government Act 1993*. It aims to maintain public trust in local government by ensuring councillors act ethically, transparently, and in the community's interest rather than for personal benefit."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This Order replaces the earlier Model Code of Conduct Orders listed in Schedule 2 (2016 and 2018) and, by s 4, prescribes the new Schedule 1 text as the code of conduct for councillors under s 28R(1) of the Local Government Act 1993. The Order alters the operative instrument governing councillor conduct but does not itself amend the Act or specify enforcement, transitional arrangements or sanctions."},"complexity_factors":["Normative and subjective language throughout Schedule 1 (eg ‘reasonable’, ‘appropriate’, ‘unduly influenced’, ‘bring into disrepute’) increases interpretive discretion (Parts 1–8).","Broad coverage of conduct areas—decision‑making, conflicts (non‑pecuniary), use of office, resources, information, gifts, relationships and representation—requires cross‑functional compliance across councillor activities (Schedule 1).","Order designates the Schedule 1 text as the code under the Act (s 4) but does not set out enforcement procedures, sanctions, or complaint/decision‑making processes, leaving implementation to other instruments or bodies (silence on enforcement increases legal uncertainty).","Revocation of previous model orders (s 5 and Schedule 2) changes the applicable instrument; transitional or savings provisions are not included in this Order (possible practical/administrative effects).","Interpretive rule: Acts Interpretation Act 1931 applies as if the Order were by‑laws (s 3(2)), which affects how provisions will be read and may interact with local by‑law frameworks.","Immediate commencement on Gazette notification (s 2) limits lead‑time for councils and councillors to update policies and training.","Multiple open‑ended duties (eg to act ‘in good faith’, to avoid situations perceived as conflicts) create routine compliance burdens and potential for varying local enforcement standards."],"plain_english_summary":"This Order prescribes, under section 28R(1) of the Local Government Act 1993, a mandatory code of conduct for councillors (Schedule 1) and revokes earlier model code orders (Schedule 2). It commences on Gazette notification.\n\nThe code requires councillors to decide impartially, declare and manage conflicts, use office, resources and information properly, restrict unauthorised representation, and apply gift rules. Councillors bear the compliance burden; the order sets behavioural standards but does not itself specify enforcement mechanisms."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/local-government-code-of-conduct-order-2024","history":"/api/acts/local-government-code-of-conduct-order-2024/history","analysis":"/api/acts/local-government-code-of-conduct-order-2024/analysis","conflicts":"/api/acts/local-government-code-of-conduct-order-2024/conflicts","importantCases":"/api/acts/local-government-code-of-conduct-order-2024/important-cases","documents":"/api/acts/local-government-code-of-conduct-order-2024/documents"}}