NSWIn ForceAct
Local Government Act 1993
440Codes of conduct
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#### 440 Codes of conduct
440 Codes of conduct
> > (1) The regulations may prescribe a model code of conduct (the model code) applicable to councillors, members of staff of councils and delegates of councils.
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> > (2) The regulations may provide that the provisions of the model code relating to the disclosure of pecuniary interests are also to apply to the following persons—
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> > > (a) a member of a committee of a council (including the Audit, Risk and Improvement Committee),
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> > > (b) an adviser to a council.
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> > (3) A council must adopt a code of conduct (the adopted code) that incorporates the provisions of the model code. The adopted code may include provisions that supplement the model code.
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> > (4) A council’s adopted code has no effect to the extent that it is inconsistent with the model code as in force for the time being.
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> > (5) Councillors, members of staff and delegates of a council must comply with the applicable provisions of—
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> > > (a) the council’s adopted code, except to the extent of any inconsistency with the model code as in force for the time being, and
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> > > (b) the model code as in force for the time being, to the extent that—
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> > > > (i) the council has not adopted a code of conduct, or
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> > > > (ii) the adopted code is inconsistent with the model code, or
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> > > > (iii) the model code contains provisions or requirements not included in the adopted code.
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> > (6) A provision of a council’s adopted code is not inconsistent with the model code merely because the provision makes a requirement of the model code more onerous for persons required to observe the requirement.
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> > (7) A council must, within 12 months after each ordinary election, review its adopted code and make such adjustments as it considers appropriate and as are consistent with this section.
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> > (8) (Repealed)
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> > (9) This section applies to an administrator of a council (other than an administrator appointed by the Minister for Water, Property and Housing under section 66) in the same way as it applies to a councillor.
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> **s 440:** Am 2003 No 82, Sch 1.17 \[2\]. Subst 2004 No 73, Sch 1 \[3\]. Am 2012 No 94, Sch 1 \[10\]; 2016 No 38, Sch 1 \[53\] \[54\]; 2020 No 30, Sch 3.27\[1\].