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Authorised by the Parliamentary Counsel
[s 73]
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Part 4 Amendment of Local Government Act 2009
omit.
(5) Section 150B(2)(e) and (f)—
renumber as section 150B(2)(d) and (e).
73 Amendment of s 150C (Definitions for chapter)
Section 150C, definitions conduct breach, investigation
policy, investigation report and referral notice—
omit.
74 Amendment of s 150F (Department’s chief executive to
make model procedures)
Section 150F(2)(c)—
omit.
75 Amendment of s 150I (Chairperson may deal with
unsuitable meeting conduct)
Section 150I(2)(b)—
insert—
Note—
Contravention of paragraph (b) is misconduct that could
result in disciplinary action being taken against a
councillor. See sections 150L(1)(c)(v), 150AQ and
150AR.
76 Omission of s 150J (Unsuitable meeting conduct that
becomes a conduct breach)
Section 150J—
omit.
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Authorised by the Parliamentary Counsel
[s 77]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
77 Amendment of ch 5A, pt 3, hdg (Dealing with conduct
breaches, misconduct and corrupt conduct)
Chapter 5A, part 3, heading, ‘conduct breaches,’—
omit.
78 Omission of s 150K (What is a conduct breach)
Section 150K—
omit.
79 Amendment of s 150L (What is misconduct)
(1) Section 150L(1)(b)—
insert—
(iii) repeated unreasonable behaviour directed at
another person that causes a risk to the
health or safety of the other person; or
(iv) harassment of a sexual nature, including, for
example, unwelcome behaviour of a sexual
nature and making a remark with a sexual
connotation; or
(2) Section 150L(1)(c)(i), ‘the local government or’—
omit.
(3) Section 150L(1)(c)(iii), ‘150R(2), 150EK, 150EL, 150EPA,
150EQ, 150EW, 150EZ’—
omit, insert—
150R(3), 150EI(2), 150EJ
(4) Section 150L(1)(c)(iv), ‘177H, 177I, 177MA, 177N, 177T,
177W’—
omit, insert—
177F(2), 177G
(5) Section 150L(1)(c)—
Clause 1
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Clause 5
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Clause 8
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Authorised by the Parliamentary Counsel
[s 80]
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Part 4 Amendment of Local Government Act 2009
insert—
(v) an order of the chairperson of a local
government meeting for the councillor to
leave and stay away from the place at which
the meeting is being held.
(6) Section 150L(2) and (3)—
omit.
(7) Section 150L—
insert—
(5) In this section—
health, of a person, includes the person’s
physical, mental and psychological health.
(8) Section 150L(4) and (5)—
renumber as section 150L(2) and (3).
80 Amendment of s 150M (Dealing with particular conduct if
councillor elected or appointed after vacating office)
(1) Section 150M(1)(a)(ii), from ‘or a’—
omit, insert—
(the initial investigation) under division 4; or
(2) Section 150M(1)(b)(ii), ‘or 5’—
omit.
(3) Section 150M(2)(b), from ‘or local’ to ‘or 5’—
omit, insert—
must investigate the relevant conduct of the
councillor under division 4
(4) Section 150M(3), ‘or local government’—
omit.
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Section retrieval-0006 - Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025 - Document excerpt 6 | Zoe
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Authorised by the Parliamentary Counsel
[s 81]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
81 Amendment of s 150R (Local government official must
notify assessor about particular conduct)
(1) Section 150R(1)—
omit, insert—
(1) This section applies if a local government official
becomes aware of information indicating a
councillor may have engaged in conduct that
would be misconduct.
(1A) However, this section does not apply if the local
government official is aware of the information
because of a complaint to which section 150P
applies.
(2) Section 150R(2), note, ‘subsection (2)’—
omit, insert—
subsection (3)
(3) Section 150R(1A) to (3)—
renumber as section 150R(2) to (4).
82 Omission s 150S (Local government must notify
assessor about misconduct)
Section 150S—
omit.
83 Amendment of s 150SA (Application of division)
Section 150SA(c)—
omit, insert—
(c) the assessor decides under section 150SF to
make a preliminary assessment of
information relating to the conduct of a
councillor.
Clause 1
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Authorised by the Parliamentary Counsel
[s 84]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
84 Amendment of s 150SC (Assessor may ask for
information)
(1) Section 150SC(2)(b), ‘the local government or’—
omit.
(2) Section 150SC(2)(c)—
omit.
85 Amendment of s 150SD (Preliminary assessment of
complaints, notices or information)
(1) Section 150SD(2)(c)(iii), ‘a conduct breach or’—
omit.
(2) Section 150SD(3)(d)—
omit.
(3) Section 150SD(3)(e)—
renumber as section 150SD(3)(d).
(4) Section 150SD(4)(a)—
omit.
(5) Section 150SD(4)(b) and (c)—
renumber as section 150SD(4)(a) and (b).
86 Amendment of s 150SE (Notice of preliminary
assessment)
(1) Section 150SE(1)(b), ‘section 150SD(4)(c)’—
omit, insert—
section 150SD(4)(b)
(2) Section 150SE(2)(b), ‘the local government or’—
omit.
(3) Section 150SE(2)(c)—
omit.
Clause 1
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Authorised by the Parliamentary Counsel
[s 87]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
(4) Section 150SE(2)(d), ‘section 150SD(4)(c)’—
omit, insert—
section 150SD(4)(b)
(5) Section 150SE(2)(d)—
renumber as section 150SE(2)(c).
(6) Section 150SE(4)(d), ‘section 150SD(4)(c)’—
omit, insert—
section 150SD(4)(b)
87 Amendment of s 150SF (Assessor may make preliminary
assessment on own initiative)
(1) Section 150SF(1)(a), ‘a conduct breach or’—
omit.
(2) Section 150SF(1)(a), examples—
omit, insert—
Example—
while investigating a councillor for alleged misconduct,
the assessor receives information that indicates another
councillor has engaged in the same conduct
88 Amendment of s 150T (Assessor must investigate
conduct of councillor)
Section 150T(1)(a), ‘section 150SD(4)(b)’—
omit, insert—
section 150SD(4)(a)
89 Amendment of s 150W (Decision about conduct)
(1) Section 150W(b) and (d)—
omit.
(2) Section 150W(c) to (f)—
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Part 4 Amendment of Local Government Act 2009
renumber as section 150W(b) to (d).
90 Amendment of s 150X (Decision to dismiss complaint)
Section 150X(a)(ii), ‘a conduct breach or’—
omit.
91 Amendment of s 150Y (Decision to take no further action)
Section 150Y(b)(i) and (ii), ‘a conduct breach or’—
omit.
92 Amendment of s 150AA (Notice and opportunity for
councillor to respond)
Section 150AA(2)(d), ‘a conduct breach or’—
omit.
93 Omission of ch 5A, pt 3, div 5 (Referral of conduct to local
government)
Chapter 5A, part 3, division 5—
omit.
94 Amendment of ch 5A, pt 3, div 6, hdg (Application to
conduct tribunal about misconduct and connected
conduct breach)
Chapter 5A, part 3, division 6, heading, from ‘and’—
omit.
95 Amendment of s 150AI (Application of division)
Section 150AI, from ‘in—’—
omit, insert—
in misconduct.
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Authorised by the Parliamentary Counsel
[s 96]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
96 Amendment of s 150AJ (Application to conduct tribunal
about alleged misconduct)
(1) Section 150AJ(1), from ‘in—’—
omit, insert—
in misconduct.
(2) Section 150AJ(2)(b), ‘or conduct breach’—
omit.
(3) Section 150AJ(2)(c), from ‘in—’—
omit, insert—
in misconduct; and
(4) Section 150AJ(3)—
omit.
97 Amendment of s 150AN (Role of the assessor)
Section 150AN(2), from ‘in—’—
omit, insert—
in misconduct.
98 Amendment of s 150AQ (Deciding about misconduct and
connected conduct breach)
(1) Section 150AQ, heading, from ‘and’—
omit.
(2) Section 150AQ(1)(a), from ‘in—’—
omit, insert—
in misconduct; and
(3) Section 150AQ(1)(b), ‘or a conduct breach’—
omit.
(4) Section 150AQ(2)(b)—
Clause 1
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Authorised by the Parliamentary Counsel
[s 99]
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Part 4 Amendment of Local Government Act 2009
omit.
(5) Section 150AQ(2)(c)—
renumber as section 150AQ(2)(b).
99 Amendment of s 150AR (Disciplinary action against
councillor)
(1) Section 150AR(1)(b)(v), ‘or conduct breach (or both)’—
omit.
(2) Section 150AR(2) and (3)—
omit.
(3) Section 150AR(4)—
renumber as section 150AR(2).
100 Amendment of s 150AS (Notices and publication of
decisions and orders)
(1) Section 150AS(1)(a), ‘or a conduct breach (or both)’—
omit.
(2) Section 150AS(1)(b), ‘or conduct breach (or both)’—
omit.
(3) Section 150AS(6), from ‘in—’—
omit, insert—
in misconduct.
101 Amendment of s 150AY (Functions of investigators)
(1) Section 150AY(b), first dot point, ‘150R(3)’—
omit, insert—
150R(4)
(2) Section 150AY(b), second dot point, ‘150EM(2), 150ES(5),
150EY’—
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Authorised by the Parliamentary Counsel
[s 102]
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Part 4 Amendment of Local Government Act 2009
omit, insert—
150EI(3)
(3) Section 150AY(b), fourth dot point, ‘177J(2), 177P(5),
177V’—
omit, insert—
177F(3)
102 Amendment of s 150CU (Functions)
(1) Section 150CU(1)(a), ‘a conduct breach,’—
omit.
(2) Section 150CU(1)(b), ‘conduct breaches,’—
omit.
103 Amendment of s 150DU (Costs of conduct tribunal to be
met by local government)
Section 150DU(1), ‘or conduct breach’—
omit.
104 Amendment of s 150DX (Local governments to keep and
publish register)
(1) Section 150DX(1)(b) and (c)—
omit.
(2) Section 150DX(1)(d), ‘or a conduct breach’—
omit.
(3) Section 150DX(1)(d)—
renumber as section 150DX(1)(b).
105 Amendment of s 150DY (Content of register—decisions)
(1) Section 150DY(1)(c) and (d)—
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Authorised by the Parliamentary Counsel
[s 106]
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Part 4 Amendment of Local Government Act 2009
omit.
(2) Section 150DY(1)(e), ‘or conduct breach’—
omit.
(3) Section 150DY(1)(e)—
renumber as section 150DY(1)(c).
(4) Section 150DY(3)(a), from ‘local’ to ‘breach or’—
omit, insert—
conduct tribunal decided the councillor engaged
in
(5) Section 150DY(3)(aa) to (b)—
renumber as section 150DY(3)(a) to (c).
106 Amendment of s 150EB (Annual report)
(1) Section 150EB(2)(a)(v) to (vii)—
omit.
(2) Section 150EB(2)(a)(ix), ‘or conduct breaches’—
omit.
(3) Section 150EB(2)(a)(viii) to (x)—
renumber as section 150EB(2)(a)(v) to (vii).
107 Replacement of ch 5B (Councillors’ conflicts of interest)
Chapter 5B—
omit, insert—
Chapter 5B Dealing with
personal interests of
councillors
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Authorised by the Parliamentary Counsel
[s 107]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
150ED Matters in relation to which chapter does
not apply
(1) This chapter does not apply in relation to a
councillor’s personal interest in a matter if the
matter—
(a) is solely, or relates solely to, the making or
levying of rates and charges, or the fixing of
a cost-recovery fee, by the local
government; or
(b) is solely, or relates solely to—
(i) making a planning scheme that applies
to the whole of the local government
area; or
(ii) amending a planning scheme, if the
amendment applies to the whole of the
local government area; or
(c) is solely, or relates solely to, the preparation,
adoption or amendment of a budget for the
local government; or
(d) is solely, or relates solely to, preparing,
adopting or amending a document
prescribed by regulation that the local
government is required to prepare or adopt
under a Local Government Act; or
(e) is solely, or relates solely to—
(i) the making of a donation to a religious,
charitable or non-profit institution or
organisation, unless a councillor, or an
associate or related party of a
councillor, receives a benefit because
of the donation that is more than
merely a benefit relating to reputation;
or
(ii) a councillor representing the local
government in an official capacity at an
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Authorised by the Parliamentary Counsel
[s 107]
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Part 4 Amendment of Local Government Act 2009
event held by a government agency or
an entity that is wholly owned by the
local government; or
(f) is solely, or relates solely to,
employment-related or upgraded travel or
accommodation undertaken or used by a
councillor, or an associate or related party of
a councillor; or
(g) is solely, or relates solely to—
(i) the remuneration or reimbursement of
expenses of councillors or members of
a committee of the local government;
or
(ii) the provision of superannuation
entitlements or insurance for
councillors; or
(iii) a matter of interest to the councillor
solely as a candidate for election or
appointment as mayor, deputy mayor,
councillor or member of a committee
of the local government.
(2) Also, this chapter does not apply in relation to a
councillor’s interest in a matter if the interest of
the councillor, or an associate or related party of
the councillor, is no greater than the personal
interests in the matter of a significant proportion
of persons in the local government area.
(3) In addition, this chapter does not apply in relation
to a councillor’s interest in a matter relating to a
corporation or association that arises solely
because of a nomination or appointment of the
councillor by the local government to be a
member of the board of the corporation or
association.
(4) In this section—
employment-related or upgraded travel or
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Authorised by the Parliamentary Counsel
[s 107]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
accommodation, for a person, means—
(a) travel or accommodation undertaken or used
by the person that is paid for by the State or
a local government; or
(b) if the person is a councillor—travel or
accommodation paid for by LGAQ Ltd for
the purpose of the councillor attending a
meeting of the policy executive established
under the constitution of LGAQ Ltd; or
(c) travel or accommodation that is—
(i) undertaken or used by the person in the
course of the person’s employment;
and
(ii) contributed to, whether financially or
non-financially, by the person’s
employer; or
(d) if the person is a director of a
corporation—travel or accommodation that
is—
(i) undertaken or used by the person in the
course of carrying out the person’s
duties as director; and
(ii) contributed to, whether financially or
non-financially, by the corporation; or
(e) if the travel is airline travel undertaken by
the person—an upgrade to the travel given
by the provider of the travel for no charge;
or
Example—
a free air travel upgrade to business class
(f) an upgrade to accommodation used by the
person that is given by the provider of the
accommodation for no charge.
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Authorised by the Parliamentary Counsel
[s 107]
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Part 4 Amendment of Local Government Act 2009
Example—
a free accommodation upgrade to a larger room
government agency means—
(a) the State, a government entity or another
local government; or
(b) another Australian government or an entity
of another Australian government; or
(c) a local government of another State.
150EE What is a material personal interest
(1) A councillor has a material personal interest in a
matter if the councillor or an associate of the
councillor stands to gain a benefit or suffer a loss,
either directly or indirectly, depending on the
outcome of the consideration of the matter at a
local government meeting.
(2) However, a councillor has a material personal
interest under subsection (1) in relation to an
associate only if the councillor knows, or ought
reasonably to know, about the associate’s
involvement in the matter.
150EF What is a conflict of interest
(1) A conflict of interest is a conflict between a
councillor’s personal interests, or the personal
interests of a related party of the councillor, and
the public interest that might lead to a decision
that is contrary to the public interest.
(2) However, a councillor does not have a conflict of
interest in a matter if—
(a) the conflict of interest arises solely
because—
(i) the councillor undertakes an
engagement in the capacity of
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