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councillor for a community group,
sporting club or similar organisation,
and is not appointed as an executive
officer of the organisation; or
(ii) the councillor, or a related party of the
councillor, is a member or patron of a
community group, sporting club or
similar organisation, and is not
appointed as an executive officer of the
organisation; or
(iii) the councillor, or a related party of the
councillor, is a member of a political
party; or
(iv) the councillor, or a related party of the
councillor, has an interest in an
educational facility or provider of a
child care service as a student or
former student, or a parent or
grandparent of a student, of the facility
or service; or
(b) the conflict of interest arises solely because
of the religious beliefs of the councillor or a
related party of the councillor; or
(c) the conflict of interest arises solely because
the councillor, or a related party of the
councillor, receives a gift, loan or sponsored
travel or accommodation benefit from an
entity during a financial year, if the total
gifts, loans and benefits given by the entity
to the councillor or related party total less
than $500 in the financial year; or
(d) the conflict of interest relates to the
appointment, discipline, termination,
remuneration or other employment
conditions of a councillor advisor for the
councillor, if the conflict of interest arises
solely because the councillor advisor is a
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related party, other than an associate, of the
councillor; or
(e) the conflict of interest arises solely
because—
(i) the councillor is, or has been, a
member of a group of candidates for an
election or a previous election with
another councillor; or
(ii) the same political party endorsed the
candidature of the councillor and
another councillor for an election or a
previous election; or
(iii) the councillor has been elected or
appointed at the same time, or has held
office during the same period, as
another councillor.
(3) Also, a councillor has a conflict of interest in a
matter in relation to a related party only if the
councillor knows, or ought reasonably to know,
about the related party’s involvement in the
matter.
(4) In this section—
patron, of a community group, sporting club or
similar organisation, means a person who, under a
formal arrangement, provides public support to
the group, club or organisation as its ambassador
or representative.
sponsored travel or accommodation benefit,
received by a person, means travel or
accommodation undertaken or used by the person,
other than employment-related or upgraded travel
or accommodation under section 150ED(4), if—
(a) another entity contributes, whether
financially or non-financially, to the cost of
the travel or accommodation; and
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Section retrieval-0007 - Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025 - Document excerpt 7 | Zoe
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(b) the other entity is not the person’s spouse,
other family member or friend.
150EG Who is an associate of a councillor
Each of the following persons is an associate of a
councillor—
(a) a spouse of the councillor;
(b) a parent, child or sibling of the councillor;
(c) a person in a partnership with the councillor;
(d) an employer, other than a government entity,
of the councillor;
(e) an entity, other than a government entity, of
which the councillor is an executive officer
or board member;
(f) an entity in which the councillor or a person
mentioned in paragraphs (a) to (e) for the
councillor has an interest, other than an
interest of less than 5% in an entity that is a
listed corporation under the Corporations
Act, section 9;
(g) another person prescribed by regulation.
150EH Who is a related party of a councillor
A person is a related party of a councillor if the
person is any of the following—
(a) an associate of the councillor, other than an
entity mentioned in section 150EG(f);
(b) a spouse of the councillor’s parent, child or
sibling;
(c) a grandparent, uncle, aunt, nephew, niece or
grandchild of the councillor or the
councillor’s spouse;
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(d) a parent, child or sibling of the councillor’s
spouse;
(e) a spouse of a person mentioned in paragraph
(c) or (d);
(f) an entity in which the councillor, or a person
mentioned in paragraph (a), (b), (c), (d) or
(e), has an interest.
150EI Councillor’s material personal interest at a
meeting
(1) This section applies if—
(a) a matter is to be discussed at a local
government meeting; and
(b) a councillor has a material personal interest
in the matter.
(2) The councillor must—
(a) inform the meeting of the councillor’s
material personal interest in the matter; and
(b) leave the place where the meeting is being
held, including any area set aside for the
public, and stay away from the place while
the matter is discussed and voted on.
Note—
Contravention of this subsection is misconduct that
could result in disciplinary action being taken against a
councillor. See section 150L(1)(c)(iii).
(3) The councillor must not contravene subsection
(2), including by voting on the matter, with an
intention to gain a benefit or avoid a loss for the
councillor or someone else.
Maximum penalty—200 penalty units or 2 years
imprisonment.
(4) However, the councillor does not contravene
subsection (2) by taking part in the meeting, or
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being at the place where the meeting is being held,
if—
(a) the councillor is a person to whom approval
is given under subsection (5); and
(b) the councillor complies with all conditions
on which the approval is given.
(5) The Minister may, by signed notice, approve the
councillor taking part in the meeting, or being at
the place where the meeting is being held, if—
(a) because of the number of councillors subject
to the obligation under this section, the
holding of the meeting would be obstructed
if the approval were not given; or
(b) it appears to the Minister to be in the
interests of the local government area that
the approval be given.
(6) The Minister may give the approval subject to
conditions stated in the notice.
(7) The following information must be recorded in
the minutes of the meeting or, if minutes are not
required for the meeting, in another way
prescribed by regulation—
(a) the name of the councillor who has the
material personal interest, or possible
material personal interest, in a matter;
(b) the nature of the material personal interest,
or possible material personal interest, as
described by the councillor;
(c) whether the councillor took part in the
meeting, or was at the place during the
meeting, under an approval under
subsection (5).
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150EJ Councillor’s conflict of interest at a meeting
(1) This section applies if—
(a) a matter is to be discussed at a local
government meeting; and
(b) a councillor at the meeting—
(i) has a conflict of interest in the matter (a
real conflict); or
(ii) could reasonably be taken to have a
conflict of interest in the matter (a
perceived conflict).
(2) The councillor must deal with the real conflict or
perceived conflict in a transparent and
accountable way.
Note—
Contravention of this section is misconduct that could
result in disciplinary action being taken against a
councillor. See section 150L(1)(c)(iii).
(3) Without limiting subsection (2), the councillor
must inform the meeting of—
(a) the councillor’s personal interests in the
matter; and
(b) if the councillor participates in the meeting
in relation to the matter—how the councillor
intends to deal with the real conflict or
perceived conflict.
(4) Subsection (5) applies if a quorum at the meeting
can not be formed because the councillor
proposes to be excluded from the meeting to
comply with subsection (2).
(5) The councillor does not contravene subsection (2)
merely by participating, including, for example,
by voting, in the meeting in relation to the matter
if—
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(a) the attendance of the councillor, together
with any other required number of
councillors, forms a quorum for the
meeting; and
(b) the councillor complies with subsection (3).
(6) The following information must be recorded in
the minutes of the meeting or, if minutes are not
required for the meeting, in another way
prescribed by regulation—
(a) the name of the councillor who has the real
conflict or perceived conflict;
(b) the nature of the personal interests, as
described by the councillor;
(c) how the councillor dealt with the real
conflict or perceived conflict;
(d) if the councillor voted on the matter—how
the councillor voted on the matter;
(e) how the majority of persons who were
entitled to vote at the meeting voted on the
matter.
(7) To remove any doubt, it is declared that
non-participation in the meeting is not the only
way the councillor may appropriately deal with
the real conflict or perceived conflict in a
transparent and accountable way.
108 Amendment of s 201D (Dishonest conduct of councillor
or councillor advisor)
(1) Section 201D(2), definition relevant integrity provision,
paragraph (a)(i) to (v)—
omit.
(2) Section 201D(2), definition relevant integrity provision,
paragraph (a)(vi) to (ix)—
renumber as paragraph (a)(i) to (iv).
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109 Amendment of s 257 (Delegation of local government
powers)
(1) Section 257(2)—
omit.
(2) Section 257(3) to (5)—
renumber as section 257(2) to (4).
110 Insertion of new ch 9, pt 20, div 3
Chapter 9, part 20, as inserted by this Act—
insert—
Division 3 Provisions for
amendments commencing
by proclamation
Subdivision 1 Councillor conduct
365 Existing matters about particular unsuitable
meeting conduct of councillor
(1) This section applies if—
(a) before the commencement, a local
government started to deal with unsuitable
meeting conduct of a councillor under
former sections 150J(b) and 150AG; and
(b) immediately before the commencement, a
decision about the councillor’s conduct
under former section 150AG had not been
made.
(2) From the commencement, the local government
must take no further action in relation to the
councillor’s unsuitable meeting conduct.
Clause 1
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366 Preliminary assessment of conduct engaged
in before commencement
(1) This section applies if—
(a) a councillor engaged in conduct before the
commencement; and
(b) either—
(i) a preliminary assessment of a
complaint, notice or information about
the conduct was started but not finished
before the commencement under
former chapter 5A, part 3, division 3A;
or
(ii) a preliminary assessment of a
complaint, notice or information about
the conduct is started on or after the
commencement under new chapter 5A,
part 3, division 3A.
(2) New chapter 5A, part 3 applies in relation to the
councillor’s conduct, including for the
completion of the preliminary assessment.
(3) For a preliminary assessment mentioned in
subsection (1)(b)(i), anything done under former
chapter 5A, part 3, division 3A is taken to have
been done under new chapter 5A, part 3, division
3A.
(4) Despite subsection (2), on the completion of the
preliminary assessment, the assessor may dismiss
the complaint or decide to take no further action
for the notice or information if—
(a) the assessor reasonably suspects the
councillor has engaged in misconduct
mentioned in new section 150L(1)(b)(iii) or
(iv); and
(b) the assessor is satisfied—
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(i) at least 6 months have elapsed since the
councillor’s conduct occurred; and
(ii) it would not be in the public interest to
take further action under new chapter
5A, part 3.
(5) Also, after the completion of the preliminary
assessment, subsection (6) applies if—
(a) the assessor applies to the conduct tribunal
under new section 150AJ; and
(b) the tribunal decides under new section
150AQ that the councillor has engaged in
misconduct mentioned in new section
150L(1)(b)(iii) or (iv).
(6) Despite new section 150AR, the conduct tribunal
may make an order mentioned in section
150AH(a) or (b) as in force immediately before
the commencement.
(7) For subsection (6), section 150AH as in force
immediately before the commencement applies as
if—
(a) a reference in that section to the local
government were a reference to the conduct
tribunal; and
(b) a reference in that section to a conduct
breach were a reference to misconduct
mentioned in new section 150L(1)(b)(iii) or
(iv).
(8) In addition, subsection (9) applies if, after
completing the preliminary assessment, the
assessor reasonably suspects the councillor’s
conduct the subject of the complaint, notice or
information is a combination of—
(a) misconduct mentioned in new section 150L;
and
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(b) other conduct that is a conduct breach
within the meaning of former section 150K.
(9) Despite new section 150SD, the assessor must
dismiss the complaint, or decide to take no further
action for the notice or information, to the extent
it relates to the conduct mentioned in subsection
(8)(b).
367 Existing matters referred to local governments
(1) This section applies if—
(a) before the commencement, the assessor,
under former section 150SD(4)(a) or
150W(b), referred a complaint, notice or
information about the conduct of a
councillor to a local government; and
(b) immediately before the commencement, a
decision about the councillor’s conduct
under former section 150AG had not been
made by the local government.
(2) Sections 150K, 150L and 150M and chapter 5A,
part 3, division 5 as in force immediately before
the commencement continue to apply, despite the
enactment of the amendment Act, in relation to
the conduct as if the conduct were a conduct
breach.
368 Existing applications to conduct tribunal for
particular matters
(1) This section applies if—
(a) before the commencement, the assessor had
applied to the conduct tribunal under former
section 150AJ(1)(b); and
(b) immediately before the commencement, the
application had not been decided.
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