Local Government Amendment (Targeted Reform) Act 2026
Act No. of 2026
s. 18 Part 2 – Local Government Act 1993 Amended
36
(a) the initial assessor is to comply
with section 28ZA as if doing a
first initial assessment; and
(b) if the initial assessor determined
on the original initial assessment
to investigate a part of the code of
conduct complaint and had
notified the councillor against
whom the complaint was made of
that determination, the initial
assessor is to notify the councillor
of the result of the further initial
assessment in addition to any
other notice that the initial
assessor is required to provide
under section 28ZA.
(3) If a complaint is referred back to an
investigating Panel under section 28ZT
or 28ZU, the investigating Panel is to
notify the complainant and the councillor
against whom the complaint is made of
the referral back to the Panel as soon as
practicable.
(4) On resuming or continuing an
investigation under subsection (1)(c), the
investigating Panel may give any
directions it considers necessary for the
fair and efficient investigation and
determination of the complaint.
Local Government Amendment (Targeted Reform) Act 2026
Act No. of 2026
Part 2 – Local Government Act 1993 Amended s. 18
37
Subdivision 3 – Tribunal
28ZW. Application to the Tasmanian Civil and
Administrative Tribunal
(1) If, following an investigation under
section 339EA, the Director considers
that the conduct of a councillor amounts
to serious councillor misconduct, the
Director may make an application to the
Tasmanian Civil and Administrative
Tribunal for a decision in relation to the
matter.
(2) An application –
(a) is to be made in writing; and
(b) is to specify the particulars upon
which the application is based;
and
(c) is to specify the orders sought and
the grounds for seeking those
orders; and
(d) is to be lodged with the Registrar,
within the meaning of the
Tasmanian Civil and
Administrative Tribunal Act
2020.
(3) The Director must, as soon as reasonably
practicable after making an application
under this section in respect of the
Local Government Amendment (Targeted Reform) Act 2026
Act No. of 2026
s. 18 Part 2 – Local Government Act 1993 Amended
38
conduct of a councillor, give a copy of
that application to the councillor.
(4) Unless otherwise specified in this Act,
the provisions of the Tasmanian Civil
and Administrative Tribunal Act 2020
apply in relation to an application made
to the Tasmanian Civil and
Administrative Tribunal under this
section.
(5) At the hearing of an application under
this Subdivision, a party to the
application may be represented by an
Australian legal practitioner.
28ZX. Orders of the Tasmanian Civil and
Administrative Tribunal
(1) If, after hearing an application under this
Division in respect of a councillor, the
Tasmanian Civil and Administrative
Tribunal determines that a councillor has
engaged in serious councillor
misconduct, the Tribunal may make a
finding of serious misconduct against the
councillor and may make any one or
more of the following orders:
(a) cautioning or reprimanding the
councillor;
(b) requiring the councillor to
apologise to the complainant or
other person affected by the
contravention of the code of
Local Government Amendment (Targeted Reform) Act 2026
Act No. of 2026
Part 2 – Local Government Act 1993 Amended s. 18
39
conduct, in the manner and form
specified by the Tribunal;
(c) requiring the councillor to
participate in counselling or
undertake a training course;
(d) prohibiting the councillor from
nominating as a candidate at any
ordinary election or by-election
for a period not exceeding 7
years;
(e) dismissing the councillor from
office;
(f) suspending the councillor from
office for a period of not less than
3 months but not more than 6
months;
(g) imposing on the councillor a fine
not exceeding an amount
equivalent to 50 penalty units.
(2) If the Tasmanian Civil and
Administrative Tribunal makes a finding
of serious misconduct against a
councillor, it may make an order that all
or any of the costs of proceedings be paid
by the councillor and in making such
order must take into account the nature
and severity of the misconduct.
(3) If, after hearing an application under this
Division in respect of a councillor, the
Tasmanian Civil and Administrative
Local Government Amendment (Targeted Reform) Act 2026
Act No. of 2026
s. 18 Part 2 – Local Government Act 1993 Amended
40
Tribunal determines that the councillor
has not engaged in serious councillor
misconduct but has contravened the code
of conduct, the Tribunal may make a
finding of misconduct against the
councillor and may make any one or
more of the following orders:
(a) cautioning or reprimanding the
councillor;
(b) requiring the councillor to
apologise to the complainant or
other person affected by the
contravention of the code of
conduct, in the manner and form
specified by the Tribunal;
(c) requiring the councillor to attend
counselling or a training course;
(d) suspending the councillor from
office for a period not exceeding
3 months.
(4) If the Tasmanian Civil and
Administrative Tribunal makes a finding
against a councillor under subsection (3),
the Tribunal may decline to make an
order under that subsection if satisfied
that it is not reasonable in the
circumstances to make such an order.
(5) A person who, without reasonable
excuse, contravenes an order made under
subsection (1) or (3) is guilty of an
offence.
Local Government Amendment (Targeted Reform) Act 2026
Act No. of 2026
Part 2 – Local Government Act 1993 Amended s. 19
41
Penalty: Fine not exceeding 50 penalty
units.
(6) For the avoidance of doubt, the making
of an order by the Tasmanian Civil and
Administrative Tribunal under this
section is within the original jurisdiction
of the Tribunal.
19. Section 45 amended (Election of councillors)
Section 45 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3) “column
5” and substituting “column 7”;
(b) by omitting from subsection (4) “column
5” and substituting “column 7”.
20. Section 62 amended (Functions and powers of
general manager)
Section 62(1) of the Principal Act is amended by
inserting after paragraph (h) the following
paragraph:
(ha) to develop and maintain a workforce
development plan that addresses the
immediate and long-term human
resourcing requirements of the council;
Local Government Amendment (Targeted Reform) Act 2026
Act No. of 2026
s. 21 Part 2 – Local Government Act 1993 Amended
42
21. Section 62A amended (Order relating to general
manager’s functions generally)
Section 62A(4) of the Principal Act is amended
by inserting before paragraph (a) the following
paragraph:
(aa) section 20;
22. Section 62B amended (Order relating to general
manager’s function to liaise with mayor)
Section 62B(4) of the Principal Act is amended
by inserting before paragraph (a) the following
paragraph:
(aa) section 20;
23. Section 66 amended (Strategic plan)
Section 66 of the Principal Act is amended by
omitting subsection (3) and substituting the
following subsections:
(2A) A strategic plan for a municipal area is to
identify community wellbeing priorities
and specify strategies for achieving
outcomes in relation to those priorities.
(3) In preparing a proposed strategic plan, a
council is to –
(a) consult with the community in its
municipal area and any
authorities and bodies it considers
appropriate; and
Local Government Amendment (Targeted Reform) Act 2026
Act No. of 2026
Part 2 – Local Government Act 1993 Amended s. 24
43
(b) have regard to the local
government charter, if any.
(3A) A council is to undertake any
consultation under subsection (3)(a) in
accordance with the council’s
community engagement strategy.
24. Section 70DA inserted
After section 70D of the Principal Act, the
following section is inserted in Division 2:
70DA. Community engagement strategy
(1) A council must establish and implement
a strategy for engagement with the
community when developing the
council’s plans, policies and programs
and for the purpose of determining its
major activities.
(2) A council is to consult with the
community and any authorities and
bodies it considers appropriate when
preparing a proposed community
engagement strategy or reviewing an
established community engagement
strategy.
(3) A community engagement strategy is to
contain –
(a) strategies to ensure that the
community is informed about,
and has reasonable opportunity to
Local Government Amendment (Targeted Reform) Act 2026
Act No. of 2026
s. 25 Part 2 – Local Government Act 1993 Amended
44
contribute to, the decisions,
activities and services of the
council; and
(b) principles and procedures that the
council will follow when
engaging and consulting with the
community; and
(c) such other matters as may be
prescribed.
25. Section 70E amended (Review of plans, strategies
and policies)
Section 70E(1) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (f) “policy.”
and substituting “policy; and”;
(b) by inserting the following paragraph after
paragraph (f):
(g) community engagement strategy.
26. Section 70F amended (Orders determining
minimum contents of plans, &c., and classes of
assets)
Section 70F of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(e)
“policy.” and substituting “policy; or”;
Local Government Amendment (Targeted Reform) Act 2026
Act No. of 2026
Part 2 – Local Government Act 1993 Amended s. 27
45
(b) by inserting the following paragraphs
after paragraph (e) in subsection (1):
(f) a community engagement
strategy; or
(g) a continuing professional
development policy; or
(h) a workforce development plan.
(c) by inserting the following subsection
after subsection (2):
(2A) In an order under subsection (1),
the Minister may also specify
requirements in relation to the
preparation, development,
consultation, review, contents and
publication of all or any of the
plans, strategies or policies
referred to in that subsection.
27. Sections 84A and 84B inserted
After section 84 of the Principal Act, the
following sections are inserted in Division 3:
84A. Council performance reporting
(1) The Minister, by order, may specify
performance reporting requirements that
are to apply in relation to councils.
(2) In an order under subsection (1), the
Minister may specify –
Local Government Amendment (Targeted Reform) Act 2026
Act No. of 2026
s. 27 Part 2 – Local Government Act 1993 Amended
46
(a) the frequency and manner of
performance reporting by
councils to the Minister; and
(b) the scope and types of
performance indicators and
metrics that are to be used; and
(c) the methodologies and protocols
for the measurement, reporting
and presentation of performance
data.
(3) A council must comply with any
performance reporting requirements
specified in an order under this section.
(4) The Minister is to consult with councils
as to the matters to be included in an
order under this section.
84B. Internal audit
(1) The Minister, by order, may specify
requirements that are to apply to councils
in relation to the conduct of internal
audits.
(2) The Minister is to consult with councils
as to the matters to be included in an
order under this section.
(3) A council must conduct any internal
audits in accordance with the
requirements specified in an order under
this section.
Local Government Amendment (Targeted Reform) Act 2026
Act No. of 2026
Part 2 – Local Government Act 1993 Amended s. 28
47
28. Section 122A inserted
After section 122 of the Principal Act, the
following section is inserted in Division 9:
122A. Order specifying information in rates notices
(1) The Minister, by order, may specify the
information that, in addition to the
information required under section
122(1), is to be included by the general
manager in a rates notice.
(2) The Minister is to consult with councils
as to the matters to be included in an
order under this section.
29. Section 214E amended (Result of review)
Section 214E(1) of the Principal Act is amended
by inserting after paragraph (m) the following
paragraph:
(ma) adjust or determine, in relation to a
municipal area, the methodology to be
applied under Schedule 4 for the
purposes of determining the number of
councillors or allowances;
30. Section 214L amended (Recommendation for
issuing performance improvement direction)
Section 214L of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsection:
Local Government Amendment (Targeted Reform) Act 2026
Act No. of 2026
s. 31 Part 2 – Local Government Act 1993 Amended
48
(2) Without limiting the situations in which
the Director may make a
recommendation under subsection (1),
the Director may make a
recommendation under that subsection if,
in the Director’s opinion, the council or
councillor has failed to comply with a
statutory requirement under this or any
other Act or under subordinate legislation
made under this or any other Act.
31. Section 214O amended (Consequences of failing to
comply with performance improvement direction)
Section 214O(1) of the Principal Act is amended
by inserting after paragraph (a) the following
paragraph:
(ab) appoint a temporary advisor to the
council under section 214Q for such
period as the Minister determines;
32. Part 12C inserted
After section 214O of the Principal Act, the
following Part is inserted:
PART 12C – TEMPORARY ADVISORS
214P. Recommendation to appoint temporary
advisor
(1) The Director may recommend to the
Minister that a temporary advisor be
appointed to a council to assist in
Local Government Amendment (Targeted Reform) Act 2026
Act No. of 2026
Part 2 – Local Government Act 1993 Amended s. 32
49
addressing emerging governance or
operational issues at the council.
(2) Without limiting subsection (1), the
Director may make a recommendation
under that subsection if –
(a) in the Director’s opinion there is
evidence that suggests emerging
governance or operational
deficiencies at the council that, if
not addressed, may negatively
affect the effective delivery of the
council’s functions and services
to the community; or
(b) the council has requested the
appointment of a temporary
advisor.
(3) For the purposes of subsection (2)(a),
evidence of emerging governance or
operational deficiencies may include, but
is not limited to –
(a) ongoing or unresolved conflicts
among councillors or between
councillors and council
employees that disrupt effective
decision-making; and
(b) governance practices that risk
undermining transparency,
accountability or compliance with
the principles of sound and
prudent management necessary to
Local Government Amendment (Targeted Reform) Act 2026
Act No. of 2026
s. 32 Part 2 – Local Government Act 1993 Amended
50
deliver the council’s functions;
and
(c) financial management practices
that indicate potential risks to the
council’s financial sustainability;
and
(d) credible complaints, reports or
other information that suggests
systemic operational challenges.
(4) A recommendation under subsection (1)
must include –
(a) the grounds for the
recommendation; and
(b) a summary of the evidence or
observations, such as complaints,
reports, or patterns of conduct, on
which the recommendation is
based.
214Q. Appointment of temporary advisor
(1) Before appointing a temporary advisor,
the Minister must –
(a) give written notice to the council
that the appointment of a
temporary advisor is proposed;
and
(b) set out in the notice the grounds
for the proposed appointment,
Local Government Amendment (Targeted Reform) Act 2026
Act No. of 2026
Part 2 – Local Government Act 1993 Amended s. 32
51
including a summary of the
matters relied upon; and
(c) invite the council to make written
submissions to the Minister in
relation to the proposed
appointment; and
(d) allow the council a period of not
less than 14 days after the notice
is given to make those
submissions.
(2) The Minister must consider any written
submissions made by the council within
the period referred to in subsection (1)(d)
before deciding whether to appoint a
temporary advisor.
(3) The Minister may, after complying with
subsections (1) and (2), appoint a
temporary advisor to a council on such
terms and conditions as the Minister
determines.
214R. Functions and powers of temporary advisors
(1) A temporary advisor has the following
functions in respect of a council:
(a) to monitor the council’s
governance processes and
matters;
Local Government Amendment (Targeted Reform) Act 2026
Act No. of 2026
s. 32 Part 2 – Local Government Act 1993 Amended
52
(b) to advise the council about
governance improvements that
the council should make;
(c) to provide general assistance and
advice to the council on good
governance practices;
(d) such functions as are specified in
the temporary advisor’s
instrument of appointment;
(e) such other functions as may be
conferred on the temporary
advisor under this Act or any
other Act.
(2) A temporary advisor has the power to do
all things necessary or convenient to be
done in connection with, or incidental to,
the performance of the functions of a
temporary advisor.
(3) For the purposes of this Act and without
limiting subsection (2), a temporary
advisor may –
(a) enter and remain on council
premises to perform any function
or exercise any power under this
Act; and
(b) attend meetings of a council or
council committee, including
meetings that are closed to the
public; and