Div 4Standards for termination of employment of CEOs

Division 4 — Standards for termination of employment of CEOs 20. Overview of Division 103 21. General principles applying to any termination 103 22. Additional principles applying to termination for performance‑related reasons 104 23. Decision to terminate 104 24. Notice of termination of employment 105 Notes Compilation table 106 Other notes 109 Defined terms Local Government Act 1995 ## Part 1 — Preliminary ##### 1. Citation These regulations may be cited as the *Local Government (Administration) Regulations 1996*. ##### 2. Commencement These regulations come into operation on 1 July 1996. ##### 3. Terms used (1) In these regulations, unless the contrary intention appears — code of conduct means a code of conduct prepared or adopted under section 5.103(1); committee means a committee of a council; public health emergency means a public health state of emergency declared under the *Public Health Act 2016* section 167; relevant person has the meaning that it has in section 5.59; Schedule means Schedule to the Act; section means section of the Act; state of emergency means a state of emergency declared under the *Emergency Management Act 2005* section 56. (2) A reference in these regulations to a form followed by a designation is a reference to the form so designated set out in Schedule 1 to these regulations. [Regulation 3 amended: Gazette 23 Apr 1999 p. 1717; 28 Jun 2002 p. 3079; SL 2020/20 r. 4.] [**3AA.** Deleted: SL 2022/177 r. 5.] ## Part 1A — Public notices [Heading inserted: SL 2020/213 r. 15.] ##### 3A. Requirements for local public notice (Act s. 1.7) (1) For the purposes of section 1.7(a), notice of a matter must be published on the local government’s official website for — (a) the period specified in or under the Act in relation to the notice; or (b) if no period is specified in relation to the notice — a period of not less than 7 days. (2) For the purposes of section 1.7(b), each of the following ways of giving notice of a matter is prescribed — (a) publication in a newspaper circulating generally in the State; (b) publication in a newspaper circulating generally in the district; (c) publication in 1 or more newsletters circulating generally in the district; (d) publication on the official website of the Department or another State agency, as appropriate having regard to the nature of the matter and the persons likely to be affected by it, for — (ii) if no period is specified in relation to the notice — a period of not less than 7 days; (e) circulation by the local government by email, text message or similar electronic means, as appropriate having regard to the nature of the matter and the persons likely to be affected by it; (f) exhibition on a notice board at the local government offices and each local government library in the district for — (ii) if no period is specified in relation to the notice — a period of not less than 7 days; (g) posting on a social media account administered by the local government for — (ii) if no period is specified in relation to the notice — a period of not less than 7 days. [Regulation 3A inserted: SL 2020/213 r. 15.] ##### 3B. Requirements for Statewide public notice (Act s. 1.8) (1) For the purposes of section 1.8, one of the ways in which Statewide public notice of a matter must be given is the way prescribed in regulation 3A(2)(a) or (d). (2) If Statewide public notice of a matter is required to be given by the Electoral Commissioner — (a) regulation 3A(2)(e) applies in relation to the Electoral Commissioner as if the reference to circulation by the local government by email, text message or similar electronic means were a reference to circulation by the Electoral Commissioner by email, text message or similar electronic means; and (b) regulation 3A(2)(g) applies in relation to the Electoral Commissioner as if the reference to posting on a social media account administered by the local government were a reference to posting on a social media account administered by the Electoral Commissioner. [Regulation 3B inserted: SL 2020/213 r. 15.] ## Part 2 — Council and committee meetings ##### 4. Committee members, resignation of A committee member may resign from membership of the committee by giving the CEO or the committee’s presiding member written notice of the resignation. ##### 4A. Information that may be treated on confidential basis at meeting (Act s. 5.23(4)(g)) For the purposes of section 5.23(4)(g), the following information is prescribed — (a) the price, or potential price, for the sale or purchase of property by the local government and any information relating to the price or potential price; (b) a complaint that alleges a behavioural breach under the local government’s adopted code of conduct (as defined in section 8A.2(1)) and any information relating to the complaint; (c) information relating to a property that is used, or is potentially to be used, for any of the following — (i) a shelter for homeless persons; (ii) a shelter for persons who have experienced family or domestic violence; (iii) a residence for employees or officers of a local government, the State or the Commonwealth. [Regulation 4A inserted: SL 2025/208 r. 4.] ##### 5. Question time for public, meetings that require prescribed (Act s. 5.24) For the purposes of section 5.24(1)(b), the meetings at which time is to be allocated for questions to be raised by members of the public and responded to are — (a) every special meeting of a council; (b) every meeting of a committee to which the local government has delegated a power or duty. ##### 6. Question time for public, minimum time for (Act s. 5.24(2)) (1) The minimum time to be allocated for the asking of and responding to questions raised by members of the public at ordinary meetings of councils and meetings referred to in regulation 5 is 15 minutes. (2) Once all the questions raised by members of the public have been asked and responded to at a meeting referred to in subregulation (1), nothing in these regulations prevents the unused part of the minimum question time period from being used for other matters. For the requirements for an electronic meeting held under regulation 14D, see regulation 14E(4). [Regulation 6 amended: SL 2020/20 r. 5.] ##### 7. Question time for public, procedure for (Act s. 5.24(2)) (1) Procedures for the asking of and responding to questions raised by members of the public at a meeting referred to in regulation 6(1) are to be determined — (a) by the person presiding at the meeting; or (b) in the case where the majority of members of the council or committee present at the meeting disagree with the person presiding, by the majority of those members, having regard to the requirements of subregulations (2), (3) and (5). (2) The time allocated to the asking of and responding to questions raised by members of the public at a meeting referred to in regulation 6(1) is to precede the discussion of any matter that requires a decision to be made by the council or the committee, as the case may be. (3) Each member of the public who wishes to ask a question at a meeting referred to in regulation 6(1) is to be given an equal and fair opportunity to ask the question and receive a response. (4) Nothing in subregulation (3) requires — (a) a council to answer a question that does not relate to a matter affecting the local government; or (b) a council at a special meeting to answer a question that does not relate to the purpose of the meeting; or (c) a committee to answer a question that does not relate to a function of the committee. (5) If, during the time allocated for questions to be raised by members of the public and responded to, a question relating to a matter in which a relevant person has an interest, as referred to in section 5.60, is directed to the relevant person, the relevant person is to — (a) declare that he or she has an interest in the matter; and (b) allow another person to respond to the question. For the requirements for an electronic meeting held under regulation 14D, see regulation 14E(4). [Regulation 7 amended: Gazette 28 Jun 2002 p. 3079; SL 2020/20 r. 6.] ##### 8. No quorum, procedure if (Act s. 5.25(1)(c)) If a quorum has not been established within the 30 minutes after a council or committee meeting is due to begin then the meeting can be adjourned — (a) in the case of a council, by the mayor or president or if the mayor or president is not present at the meeting, by the deputy mayor or deputy president; or (b) in the case of a committee, by the presiding member of the committee or if the presiding member is not present at the meeting, by the deputy presiding member; or (c) if no person referred to in paragraph (a) or (b), as the case requires, is present at the meeting, by a majority of members present; or (d) if only one member is present, by that member; or (e) if no member is present or if no member other than the CEO is present, by the CEO or a person authorised by the CEO. ##### 9. Voting to be open (Act s. 5.25(1)(d)) Voting at a council or committee meeting is to be conducted so that no voter’s vote is secret. ##### 10. Revoking or changing decisions (Act s. 5.25(1)(e)) (1) If a decision has been made at a council or a committee meeting then any motion to revoke or change the decision must be supported — (a) in the case where an attempt to revoke or change the decision had been made within the previous 3 months but had failed, by an absolute majority; or (b) in any other case, by at least 1/3 of the number of offices (whether vacant or not) of members of the council or committee, inclusive of the mover. (1a) Notice of a motion to revoke or change a decision referred to in subregulation (1) is to be signed by members of the council or committee numbering at least 1/3 of the number of offices (whether vacant or not) of members of the council or committee, inclusive of the mover. (2) If a decision is made at a council or committee meeting, any decision to revoke or change the decision must be made by an absolute majority. (3) This regulation does not apply to the change of a decision unless the effect of the change would be that the decision would be revoked or would become substantially different. [Regulation 10 amended: Gazette 31 Mar 2005 p. 1030; SL 2020/213 r. 16.] ##### 11. Minutes, content of (Act s. 5.25(1)(f)) The content of minutes of a meeting of a council or a committee is to include — (a) the names of the members present at the meeting; and (b) where a member enters or leaves the meeting during the course of the meeting, the time of entry or departure, as the case requires, in the chronological sequence of the business of the meeting; and (c) details of each motion moved at the meeting, the mover and the outcome of the motion; and (d) details of each decision made at the meeting; and (da) written reasons for each decision made at the meeting that is significantly different from the relevant written recommendation of a committee or an employee as defined in section 5.70 (but not a decision to only note the matter or to return the recommendation for further consideration); and (e) a summary of each question raised by members of the public at the meeting and a summary of the response to the question; and (f) in relation to each disclosure made under section 5.65 or 5.70 in relation to the meeting, where the extent of the interest has also been disclosed, the extent of the interest; and (g) each document attached to an agenda relating to a council or committee meeting unless that part of the meeting to which the document refers is closed to members of the public under section 5.23(2), (3) or (4). [Regulation 11 amended: Gazette 23 Apr 1999 p. 1717; SL 2020/213 r. 17; SL 2025/208 r. 5.] ##### 12. Publication of meeting details (Act s. 5.25(1)(g)) meeting details, for a meeting, means the date and time when, and the place where, the meeting is to be held. (2) The CEO must publish on the local government’s official website the meeting details for the following meetings before the beginning of the year in which the meetings are to be held — (a) ordinary council meetings; (b) committee meetings. (3) Any change to the meeting details for a meeting referred to in subregulation (2) must be published on the local government’s official website as soon as practicable after the change is made. (4) If a special meeting of the council is to be held, the CEO must publish the meeting details for the meeting, and the purpose of the meeting, on the local government’s official website as soon as practicable. [Regulation 12 inserted: SL 2020/213 r. 18; amended: SL 2025/208 r. 6.] ##### 13. Publication of unconfirmed minutes of meetings (Act s. 5.25(1)(i)) (1) The CEO must publish on the local government’s official website the unconfirmed minutes of each council and committee meeting. (1A) However, if any part of the council or committee meeting is closed to members of the public under section 5.23(2), (3) or (4), the CEO must, in respect of that part of the meeting, only publish the following parts of the unconfirmed minutes — (a) the part that is a record of the decisions made during the closed part of the meeting; (b) the part that contains the information required under section 5.23(8) in relation to the decision to close the meeting. (2) The unconfirmed minutes of a council meeting must be published within 14 days after the meeting is held. (3) The unconfirmed minutes of a committee meeting must be published within 7 days after the meeting is held. [Regulation 13 inserted: SL 2020/213 r. 18; amended: SL 2025/208 r. 7.] ##### 14. Notice papers, agenda etc., public inspection of (Act s. 5.25(1)(j)) (1) A local government is to ensure that notice papers and agenda relating to any council or committee meeting and reports and other documents which — (a) are to be tabled at the meeting; or (b) have been produced by the local government or a committee for presentation at the meeting, and which have been made available to members of the council or committee for the meeting are available for inspection by members of the public and published on the local government’s official website from the time the notice papers, agenda or documents were made available to the members of the council or committee. (2) Subregulation (1) does not apply if, in the CEO’s opinion, that part of the meeting to which the information refers is likely to be closed to members of the public under section 5.23(2), (3) or (4). [Regulation 14 amended: Gazette 31 Mar 2005 p. 1030; SL 2020/213 r. 19; SL 2025/208 r. 8.] [**14A**, **14B.** Deleted: SL 2022/185 r. 4.] ##### 14C. Attendance at meetings by electronic means may be authorised (Act s. 5.25(1)(ba)) meeting means — (a) an ordinary meeting of the council; or (b) a special meeting of the council; or (c) a meeting of a committee of the council; [(d) deleted] natural disaster includes fire, flood, lightning, movement of land and storm; relevant period, in relation to the proposed meeting referred to in subregulation (3), means the period of 12 months ending on the day on which the proposed meeting is to be held. (2) A member of a council or committee may attend a meeting by electronic means — (a) if — (i) a public health emergency or state of emergency exists or a natural disaster has occurred; and (ii) because of the public health emergency, state of emergency or natural disaster, the member is unable, or considers it inappropriate, to be present in person at the meeting; and (iii) the member is authorised to attend the meeting by electronic means by the mayor, president or council; or (b) if the member is otherwise authorised to attend the meeting by electronic means by the mayor, president or council. (3) The mayor, president or council cannot authorise a member to attend a meeting (the proposed meeting) under subregulation (2)(b) if the member’s attendance at the proposed meeting under that authorisation would result in the member attending more than half of the meetings (including the proposed meeting) of the council or committee, in the relevant period, under an authorisation under subregulation (2)(b). (4) Subregulation (3) does not apply to a member who is a person with a disability as defined in the *Disability Services Act 1993* section 3. (5) In deciding whether to authorise a member to attend a meeting by electronic means under subregulation (2), the mayor, president or council must have regard to whether the location from which the member intends to attend the meeting, and the equipment that the member intends to use to attend the meeting, are suitable for the member to be able to effectively engage in deliberations and communications during the meeting. [Regulation 14C inserted: SL 2020/20 r. 7; amended: SL 2022/185 r. 5; SL 2025/211 r. 4.] ##### 14CA. Provisions relating to attendance at meetings by electronic means (Act s. 5.25(1)(ba)) meeting has the meaning given in regulation 14C(1). (2) The electronic means by which a member may attend a meeting under an authorisation under regulation 14C(2) include telephone, video conference or other means of instantaneous communication, as determined by the mayor, president or council. (3) A member who attends a meeting under an authorisation under regulation 14C(2) by electronic means determined under subregulation (2) is, whether or not the member is physically in the State, taken to attend and be present at the meeting for the purposes of the Act and these regulations while the member is in contact by those electronic means with each other member present at the meeting. (4) Subregulations (5) to (7) apply if — (a) a member has been authorised to attend a meeting by electronic means under regulation 14C(2); and (b) part of the meeting is to be closed to members of the public under section 5.23(2), (3) or (4). (5) The member must not attend the closed part of the meeting unless, before the part of the meeting is closed, the member declares that the member can maintain confidentiality during the closed part of the meeting. (6) If the member makes the declaration under subregulation (5) and subsequently cannot maintain confidentiality, the member must leave the closed part of the meeting. (7) A member’s declaration under subregulation (5) must be recorded in the minutes of the meeting. [Regulation 14CA inserted: SL 2022/185 r. 6; amended: SL 2025/208 r. 9.] ##### 14D. Meetings held by electronic means (Act s. 5.25(1)(ba)) meeting means — (a) an ordinary meeting of the council; or (b) a special meeting of the council; or (c) a meeting of a committee of the council; [(d) deleted] relevant period, in relation to the proposed meeting referred to in subregulation (2A), means the period of 12 months ending on the day on which the proposed meeting is to be held. (2) A meeting may be held by electronic means — (a) if — (i) a public health emergency or a state of emergency exists in the whole or a part of the area of the district of a local government; and (ii) the mayor, president or council considers it appropriate for the meeting to be held by electronic means because of the public health emergency or state of emergency and having regard to the matters in subregulation (2B); or (b) if — (i) a direction is issued under the *Public Health Act 2016* or the *Emergency Management Act 2005* that prevents the meeting from being held in person; and (ii) the mayor, president or council authorises the meeting to be held by electronic means; or (c) if the council otherwise authorises the meeting to be held by electronic means. (2A) The council cannot authorise a meeting (the proposed meeting) to be held under subregulation (2)(c) if holding the proposed meeting under that authorisation would result in more than half of the meetings (including the proposed meeting) of the council or committee, in the relevant period, being held under an authorisation under subregulation (2)(c). (2B) In considering whether it is appropriate for a meeting to be held by electronic means under subregulation (2)(a) or deciding whether to authorise a meeting to be held by electronic means under subregulation (2)(b) or (c), the mayor, president or council must have regard to whether the location from which each member of the council or committee intends to attend the meeting, and the equipment that each member intends to use to attend the meeting, are suitable for the member to be able to effectively engage in deliberations and communications during the meeting. (3) The electronic means by which the meeting is to be held include by telephone, video conference or other instantaneous communication, as determined by — (a) the mayor; or (b) the president; or (c) the council. (4) The CEO must be consulted before a determination is made under subregulation (3). (5) Subregulations (6) to (8) apply if — (a) a meeting is to be held by electronic means under this regulation; and (b) part of the meeting is to be closed to members of the public under section 5.23(2), (3) or (4). (6) A member of the council or committee must not attend the closed part of the meeting unless, before the part of the meeting is closed, the member declares that the member can maintain confidentiality during the closed part of the meeting. (7) If a member makes the declaration under subregulation (6) and subsequently cannot maintain confidentiality, the member must leave the closed part of the meeting. (8) A member’s declaration under subregulation (6) must be recorded in the minutes of the meeting. [Regulation 14D inserted: SL 2020/20 r. 7; amended: SL 2022/185 r. 7; SL 2025/208 r. 10; SL 2025/211 r. 5.] ##### 14E. Modification of Act if meeting held by electronic means (Act s. 5.25(2)) class 3 or 4 council or committee means the council of, or a committee established by, a class 3 local government or a class 4 local government; Note for this definition: ***Class 3 local government*** and ***class 4 local government*** have the meanings given in the *Local Government (Constitution) Regulations 1998* regulations 2A and 2B. electronic meeting means a meeting held by electronic means under regulation 14D. (2) If a council or a committee is to hold an electronic meeting, the council or committee is taken to have complied with the requirement to give notice of the place of the meeting under section 5.5 and regulation 12 if the local government gives notice that the meeting will be conducted by electronic means. (3) If a council or a committee holds an electronic meeting, a member of the council or committee who attends the meeting by electronic means determined under regulation 14D(3) is, whether or not the member is physically in the State, taken to attend and be present at the meeting for the purposes of the Act and these regulations while the member is in contact by those electronic means with each other member present at the meeting. (3A) If a council or a committee holds an electronic meeting, the meeting is open to members of the public under section 5.23(1) if — (a) in the case of a class 3 or 4 council or committee — the requirement to publish the unconfirmed minutes of the meeting under regulation 13(1)(a) is complied with within the applicable time period set out in regulation 13(2) or (3); or (b) in any case — the council or committee publicly broadcasts the meeting on a website or the meeting or a broadcast of the meeting is otherwise accessible to the public. (3B) For the purposes of subregulation (3A)(b), a broadcast must be either — (a) both visual and audio; or (b) audio only. (4) If a council or a committee holds an electronic meeting, section 5.24 is modified so that the council or committee allocates time for raising questions by members of the public, and the asking of and responding to those questions, if — (a) the council or committee provides a means to submit a question prior to the meeting; and (b) the council or committee determines at the meeting — (i) in the case of a meeting held by electronic means under regulation 14D(2)(a) or (b) — that, given the public health emergency, state of emergency or direction issued under the *Public Health Act 2016* or the *Emergency Management Act 2005*, it is not appropriate to respond to the question at the meeting; or (ii) in any case — to respond to the question at the meeting in accordance with the procedure determined by the council or committee. (5) If a council or a committee holds an electronic meeting, for the purposes of regulation 14, a notice paper, agenda, report or other document may be — (a) tabled at the meeting, or produced by the local government or a committee for presentation at the meeting, in any manner determined by the council or committee, including by electronic means; and (b) made available to members of the council or committee, or for inspection by members of the public, in any manner determined by the council or committee, including by electronic means. [Regulation 14E inserted: SL 2020/20 r. 7; amended: SL 2022/185 r. 8; SL 2023/102 r. 4; SL 2023/158 r. 4.] ## Part 2A — Electronic broadcasting and video or audio recording of council meetings (Act s. 5.23A) [Heading inserted: SL 2023/158 r. 5.] ##### 14F. Application of Part (1) This Part applies for the purposes of section 5.23A(2). (2) This Part applies to meetings of councils held on or after 1 January 2025. Note for this subregulation: This Part does not apply to meetings of committees of councils. [Regulation 14F inserted: SL 2023/158 r. 5.] ##### 14G. Terms used (1) In this Part — broadcast technology, in relation to a local government, means the technology by means of which meetings of its council are, or are to be, publicly broadcast under regulation 14H(2); closed proceedings, in relation to a council, means any part of a meeting of the council that is closed to members of the public under section 5.23(2), (3) or (4); electronic meeting means a meeting held by electronic means under regulation 14D; improvised recording — see regulation 14I(4); meeting day, in relation to a council’s meeting, means the day on which the meeting is held; publicly available — see subregulations (2) and (3); recording means a video recording (with audio) or an audio only recording; recording technology, in relation to a local government, means the technology by means of which recordings of meetings of its council are, or are to be, made under regulation 14I(1)(a); usual meeting place, in relation to a council, means the place at which its meetings (other than electronic meetings) are, or are to be, usually held. (2) For the purposes of this Part, a local government makes a video recording publicly available by making a copy of the recording publicly available for viewing (with audio) — (a) on its official website; or (b) on another website a link to which is publicly provided on its official website. (3) For the purposes of this Part, a local government makes an audio only recording publicly available by making a copy of the recording publicly available for listening to — (a) on its official website; or (b) on another website a link to which is publicly provided on its official website. (4) For the purposes of subregulations (2) and (3), the quality of the copy of the recording — (a) must be substantially the same as the quality of the recording; and (b) without limiting paragraph (a), must meet the requirement of regulation 14I(2)(b) or (c) (as applicable), subject to regulation 14I(5)(b) if the recording is an improvised recording. In this Part, ***class 1 local government*** and ***class 2 local government*** have the meanings given in the *Local Government (Constitution) Regulations 1998* regulations 2A and 2B. [Regulation 14G inserted: SL 2023/158 r. 5; amended: SL 2025/208 r. 11.] ##### 14H. Class 1 local governments and class 2 local governments to broadcast council meetings publicly (1) This regulation applies to a local government only if the local government is a class 1 local government or a class 2 local government. (2) A local government must, in accordance with subregulation (3), publicly broadcast every meeting of its council that — (a) is held at the council’s usual meeting place; or (b) is an electronic meeting. (3) For the purposes of subregulation (2) — (a) the broadcast must be live (with only so much of a delay as is inherent in live broadcasting by means of the local government’s broadcast technology); and (b) the broadcast must be on — (i) the local government’s official website; or (ii) another website a link to which is publicly provided on the local government’s official website; and (c) the broadcast must be both visual and audio; and (d) the quality of the broadcast must be sufficient to allow persons effectively to watch and listen to the deliberations and communications that are part of the meeting’s proceedings. (4) Despite subregulation (2), a council’s meeting, or a part of a council’s meeting, may be held without being publicly broadcast if, because of a technological failure beyond the control of the local government, it is not possible for the meeting or part (as the case requires) to be publicly broadcast by means of the local government’s broadcast technology. (5) Despite subregulation (2), a local government must not publicly broadcast any closed proceedings of its council. [Regulation 14H inserted: SL 2023/158 r. 5.] ##### 14I. Local governments to make recordings of council meetings (1) A local government must — (a) make a recording of every meeting of its council in accordance with subregulation (2); and (b) make the recording publicly available — (i) within 14 days after the meeting day; and (ii) until, at least, the end of the period of 5 years after the meeting day; and (c) retain the recording until, at least, the end of the period of 5 years after the meeting day; and (d) provide a copy of the recording to the Inspector if the Inspector requests a copy under subregulation (11)(a) during — (i) the period of 5 years after the meeting day; or (ii) any longer period during which the local government retains the recording or any copy of it. (2) For the purposes of subregulation (1)(a) — (a) if the meeting is a meeting of the council of a class 1 local government or class 2 local government — the recording must be a video recording (with audio), except that the recording may be an audio only recording — (i) if the meeting is not held at the council’s usual meeting place and is not an electronic meeting; or (ii) to the extent that the recording is of closed proceedings of the council; and (b) if, or to the extent that, the recording is a video recording (with audio) — the quality of the recording must be sufficient to allow persons effectively to watch and listen to the deliberations and communications that are part of the meeting’s proceedings; and (c) if, or to the extent that, the recording is an audio only recording — the quality of the recording must be sufficient to allow persons effectively to listen to the deliberations and communications that are part of the meeting’s proceedings. (3) Subregulation (4) applies to a council’s meeting, or a part of a council’s meeting, if, because of a technological failure beyond the control of the local government, it is not possible for a recording of the meeting or part (as the case requires) to be made by means of the local government’s recording technology. (4) Despite subregulation (1)(a), the meeting or part may be held so long as the local government does everything that is reasonably practicable to make a recording (an improvised recording) of the meeting or part by means other than the local government’s recording technology. (5) An improvised recording must — (a) cover as much of the meeting or part as it is reasonably practicable to cover; and (b) meet the requirement of subregulation (2)(b) or (c) (as applicable) to the extent reasonably practicable. (6) If a meeting or part is held under subregulation (4) and an improvised recording is made — (a) subregulation (1)(b) to (d) apply to the improvised recording; and (b) the local government must publish on its official website, for the period during which it makes the improvised recording publicly available under subregulation (1)(b), a notice that does the following in effect — (i) states that it was not possible for a recording of the meeting or part to be made by means of the local government’s recording technology and explains why that was the case; (ii) states that the improvised recording was made by means other than the local government’s recording technology; (iii) states the means by which the improvised recording was made; (iv) states any deficiencies in the improvised recording and explains the reasons for them. Examples for this subparagraph: 1. The improvised recording is deficient if it does not cover the whole of the meeting or part. 2. The improvised recording is deficient if it does not meet the requirement of subregulation (2)(b) or (c) (as applicable). (7) Subregulation (8) applies if — (a) a meeting or part is held under subregulation (4); but (b) no improvised recording is made because it is not reasonably practicable for the local government to make any improvised recording. (8) The local government must publish on its official website, in accordance with the timings in subregulation (1)(b)(i) and (ii), a notice that does the following in effect — (a) states that it was not possible for a recording of the meeting or part to be made by means of the local government’s recording technology and explains why that was the case; (b) states that no improvised recording was made; (c) states that it was not reasonably practicable for the local government to make any improvised recording and explains why that was the case. (9) If a part of a meeting is held under subregulation (4) — (a) the local government must make a recording of the rest of the meeting under subregulation (1)(a) by means of the local government’s recording technology; and (b) subregulation (1)(b) to (d) apply to that recording accordingly. (10) Despite subregulation (1)(b), a local government must not make a recording publicly available to the extent that the recording is of closed proceedings of its council. Note for this subregulation: This subregulation does not affect a local government’s duty to make a recording under subregulation (1)(a) of any closed proceedings of its council, to retain the recording under subregulation (1)(c) and to provide a copy of the recording to the Inspector under subregulation (1)(d) if requested under subregulation (11)(a). (11) For the purposes of subregulation (1)(d) — (a) the Inspector may request a copy of the recording for the purpose of obtaining information about a matter concerning the local government or its operations or affairs; and (b) the quality of the copy provided to the Inspector — (i) must be substantially the same as the quality of the recording; and (ii) without limiting subparagraph (i), must meet the requirement of subregulation (2)(b) or (c) (as applicable), subject to subregulation (5)(b) if the recording is an improvised recording. [Regulation 14I inserted: SL 2023/158 r. 5; amended: SL 2025/208 r. 12.] ##### 14J. Informing members of public of broadcasting or recording A local government must take reasonable steps to ensure that members of the public attending a meeting of its council are informed beforehand of the following, as applicable — (a) that the meeting will be publicly broadcast; (b) that a recording of the meeting will be made. Example for this regulation: Members of the public could be informed by means of a notice displayed in a prominent place near or inside the meeting room. [Regulation 14J inserted: SL 2023/158 r. 5.] ##### 14K. Defamation (1) A local government is not liable to an action for defamation in relation to any of the following done by the local government as required or authorised under this Part — (a) publicly broadcasting a meeting; (b) making a recording of a meeting; (c) making a recording of a meeting publicly available; (d) retaining a recording of a meeting or a copy of a recording; (e) providing a copy of a recording of a meeting to the Inspector. (2) In subregulation (1), references to a meeting include a part of a meeting. [Regulation 14K inserted: SL 2023/158 r. 5; amended: SL 2025/208 r. 13.] ## Part 3 — Electors’ meetings ##### 15. Matters to be discussed at general meeting (Act s. 5.27(3)) For the purposes of section 5.27(3), the matters to be discussed at a general electors’ meeting are, firstly, the contents of the annual report for the previous financial year and then any other general business. ##### 16. Request for special meeting, form of (Act s. 5.28(2)) A request for a special meeting of the electors of a district is to be in the form of Form 1. ##### 17. Voting at meeting (Act s. 5.31) (1) Each elector who is present at a general or special meeting of electors is entitled to one vote on each matter to be decided at the meeting but does not have to vote. (2) All decisions at a general or special meeting of electors are to be made by a simple majority of votes. (3) Voting at a general or special meeting of electors is to be conducted so that no voter’s vote is secret. ##### 18. Procedure at meeting (Act s. 5.31) Subject to regulations 15 and 17, the procedure to be followed at a general or special meeting of electors is to be determined by the person presiding at the meeting. ## Part 4 — Local government employees ##### 18A. Vacancy in position of CEO or senior employee to be advertised (Act s. 5.36(4) and 5.37(3)) (1) If a position of CEO, or of a senior employee, of a local government becomes vacant, the local government must give Statewide public notice of the position unless it is proposed that the position be filled by — (a) a person who is, and will continue to be, employed by another local government and who will fill the position on a contract or contracts for a total period not exceeding 5 years; or (b) a person who will be acting in the position for a term not exceeding one year. (2) The Statewide public notice must contain — (a) the details of the remuneration and benefits offered; and (b) details of the place where applications for the position are to be submitted; and (c) the date and time for the closing of applications for the position; and (d) the duration of the proposed contract; and (da) a website address where the job description form for the position can be accessed; and (e) contact details for a person who can provide further information about the position; and (f) any other information that the local government considers is relevant. [Regulation 18A inserted: Gazette 31 Mar 2005 p. 1037-8; amended: Gazette 19 Aug 2005 p. 3872; 3 May 2011 p. 1594; SL 2021/14 r. 4.] ##### 18B. Contracts of CEOs and senior employees, content of (Act s. 5.39(3)(c)) For the purposes of section 5.39(3)(c), a contract governing the employment of a person who is a CEO, or a senior employee, of a local government is to provide for a maximum amount of money (or a method of calculating such an amount) to which the person is to be entitled if the contract is terminated before the expiry date, which amount is not to exceed whichever is the lesser of — (a) the value of one year’s remuneration under the contract; or (b) the value of the remuneration that the person would have been entitled to had the contract not been terminated. [Regulation 18B inserted: Gazette 13 May 2005 p. 2086.] [**18C, 18D.** Deleted: SL 2021/14 r. 5.] ##### 18E. False information in application for CEO position, offence A person must not, in connection with an application for the position of CEO of a local government — (a) make a statement, or give any information, as to academic, or other tertiary level, qualifications held by the applicant that the person knows is false in a material particular; or (b) make a statement, or give any information, as to academic, or other tertiary level, qualifications held by the applicant which is false or misleading in a material particular, with reckless disregard as to whether or not the statement or information is false or misleading in a material particular. Penalty: a fine of $5 000. [Regulation 18E inserted: Gazette 31 Mar 2005 p. 1038-9; amended: Gazette 19 Aug 2005 p. 3872; 4 Mar 2016 p. 650.] ##### 18F. Remuneration and benefits of CEO to be as advertised The remuneration and other benefits paid to a CEO on the appointment of the CEO are not to differ from the remuneration and benefits advertised for the position under section 5.36(4). [Regulation 18F inserted: Gazette 31 Mar 2005 p. 1039.] ##### 18FA. Model standards for CEO recruitment, performance and termination (Act s. 5.39A(1))