Local Government (Procedures at Meetings) Regulations 2013

The Regulations embed a set of recurring operational concepts that structure council and committee decision-making. These concepts are procedural: Guiding Principles, clear days, quorum and commencement, minutes, notice and opportunity to be heard, formal motions, separable committee rules, presiding-member discretion, CEO administrative functions, and in-meeting enforcement mechanisms. Each concept imposes specified duties and confers specific discretions.

Guiding Principles (reg 4). The Regulations begin by prescribing four Guiding Principles: fairness and contribution to open, transparent and informed decision-making; encouragement of appropriate community participation; proportional levels of formality; and sufficient certainty to give confidence in deliberations. Councils and presiding members must take these principles into account when exercising discretion under the Regulations (for example in reg 6 on codes of practice and reg 20 on suspending Division 2 procedures).

Clear days (reg 3(2)-(3)). Several timing rules use the defined concept of clear days. The calculation excludes the day notice is given and the day of the meeting, and counts Saturdays, Sundays and public holidays. Notices given after 5pm are taken as given on the next day. These precise rules affect minimum notice periods for questions on notice (reg 9(1)) and notices of motion (reg 12(2)).

Quorum and commencement (reg 7). Meetings commence as soon after the scheduled time as a quorum is present. The CEO may adjourn if apologies indicate a quorum will not be present; if 30 minutes elapse from the scheduled start and no quorum exists, the presiding member or CEO will adjourn. Adjournment for lack of quorum triggers recording obligations and notifications to members and the public (reg 7(2)-(5)).

Minutes (reg 8, reg 25). Minutes are mandatory, must be confirmed at the next meeting or later, and have detailed content requirements. The Regulations dictate required entries: names and timing of attendance, motions and amendments (with mover and seconder), disclosures of interest, records of confidential orders under s 90/91 of the Act, and tabling requests and oral briefings, among others (reg 8(4)). The presiding member must initial each page and sign the final page on confirmation (reg 8(3)).

Notices, motions and questions (regs 9, 12). The instrument sets a dual-track system: written notices are required for certain business (questions and motions that revoke/amend resolutions passed since the last general election require notice,regs 9(1), 12(2)-(4)), but members may also ask questions or move business without notice in limited circumstances (regs 9(3), 12(5)). Presiding members can refuse motions without notice where, after considering the Guiding Principles, they consider the matter requires a written notice (reg 12(6)). Formal motions are defined narrowly to five standard types and carry prescribed effects (reg 12(13)-(16)).

Public participation (regs 10-11, 30). Petitions must be legible, include names and addresses of signatories and be delivered to the principal office; the CEO must place petitions or a summary on the agenda (reg 10). Deputations require written requests to the principal office and are subject to presiding member consent; the presiding member’s refusal must be reported at the next meeting and the council or committee may overrule that refusal (reg 11).

Division between Part 2 and Part 3 (regs 5, 22-25). Part 2 is the default for councils and regulatory committees; councils can resolve to apply Part 2 to other committees (reg 5). Part 3 adjusts how sections 87 and 88 of the Act apply to other committees, allowing notice and public notification practices to be tailored to committee purpose (regs 23-24) and setting a simplified minimum for minutes (reg 25).

Enforcement instruments (regs 28-30, 28A). The presiding member may call to order or exclude a member under the Act’s section 86 mechanism, with procedural protections such as a right to make a personal explanation before exclusion (reg 28A(1)). Points of order have priority (reg 28). The Regulations set specified penalties for members who refuse to leave or for members of the public who interrupt (maximum penalties prescribed in regs 29(6) and 30). Short-term suspensions of procedural rules in Part 2 are possible but require two-thirds approval and must be logged in the minutes (reg 20).

Discretion and localisation (reg 6). A central concept is controlled discretion. Councils may adopt a code of practice to displace various procedural provisions, but only by a two-thirds resolution; codes require annual review and may be altered or revoked by a two-thirds resolution. The code route is the instrument’s mechanism for local calibration while preserving uniform minimum standards.

Collectively, these concepts structure both routine administrative tasks (minute keeping, notice calculation) and in-meeting power allocation (presiding member’s rulings, divisions and suspensions). The Regulations present a framework for predictable process, and a limited escape valve for local variation subject to supermajority control and the Guiding Principles.

Primary actors:

• Councillors and council committee members, defined as "member" in reg 3(1), are the main addressees. The Regulations prescribe how they initiate business (reg 12), participate in debate (reg 15), vote (regs 16-17, 27), are recorded in minutes (reg 8(4)(b)), and may be excluded or disciplined for misconduct (regs 28A, 29).
• Presiding members hold central in-meeting powers. They commence or adjourn meetings where quorum is absent (reg 7(3)), rule on points of order (reg 28), may refuse motions or deputations (regs 11(3), 12(6)), declare votes (reg 16(2)), and in some circumstances exclude members under s 86(6b) as elaborated in reg 28A.
• Chief executive officers have ongoing administrative duties. The CEO may adjourn meetings where apologies indicate no quorum (reg 7(2)), must place items (questions, CEO reports, petitions) on agendas when notice is given (regs 9(2), 10(2), 21(2)), must record adjournment reasons and notify members and the public (reg 7(4)-(5)), must table documents when required by a member (reg 18(1)), and must keep and ensure the minutes are handled as required (reg 8).
• Council committees: Two categories are treated differently. Committees performing regulatory activities are subject to Part 2 by default (reg 5(b)). Other committees fall under Part 3, which allows different notice and public notice regimes and lighter minute requirements (regs 22-25). Councils may resolve to apply Part 2 to other committees (reg 5(c)).

Members of the public:

• Petitioners and people who wish to appear as deputations must comply with form and delivery rules (regs 10-11). The Regulations also impose behavioural obligations on the public present at meetings and prescribe penalties for disorderly behaviour or interruptions (reg 30; maximum penalty $500).
• People tabled or being required to table documents are affected by reg 18 which allows the CEO to indicate whether confidential handling under s 90 or s 91 of the Act should be considered.

Governance bodies:

• The council as a body is the decision-maker on codes of practice and may, by two-thirds resolution, substitute local procedures for certain prescribed provisions (reg 6). The council is also the body that may overrule a presiding member (for example, by resolving to allow a deputation despite a presiding member’s refusal,reg 11(6)), or take later disciplinary resolutions against a member who has been excluded (reg 28A(4)).

Administrators and lawyers:

• CEOs and governance staff who prepare agendas and minutes, calculate clear days and manage public notices bear the operational compliance costs. They must ensure minute content meets detailed statutory requirements (reg 8(4)), record suspensions (reg 20(3)(a)), and follow notification rules for adjourned meetings (reg 7(5)).
• Legal advisers to councils will be consulted about the interaction with Act provisions cross-referenced in these Regulations, particularly s 86 exclusions, sections governing confidential business (ss 90, 91), and sections 87-88 as they are modified for certain committees (regs 22-24).

Third parties:

• Those whose business may be the subject of motions that seek to revoke or amend council resolutions since the last general election are affected by the elevated procedural threshold: such motions require written notice (reg 12(3)), and if lost cannot be reintroduced for either 12 months or until the next general election, whichever is sooner (reg 12(4)). This creates an effect on stakeholders seeking change to decisions recently made.

In short, the instrument allocates routine administrative burdens (CEO and staff), in-meeting powers and responsibilities (presiding member and members), and participatory rules and limits for the public. It constrains and enables behaviour by specifying notice periods, minute content, in-meeting procedures and limited penalties. The council as collective remains the only actor able to vary many of these rules through an explicit two-thirds human decision to adopt or change a code of practice (reg 6).

The Regulations create a set of affirmative duties, rights to act within meetings and constrained discretions. Below are the principal ones, traced to the relevant provisions.

Duties on the chief executive officer

• Agenda placement and minute-keeping: the CEO must ensure questions on notice and CEO reports recommending revocation or amendment are placed on the agenda (regs 9(2)(a), 21(2)). The CEO must record adjournments for want of a quorum and reasons and notify members and the public (reg 7(4)-(5)). The CEO must transmit written deputation requests to the presiding member (reg 11(2)) and, on tabling requests from members, table the documents within a reasonable time or at a time the presiding member sets (reg 18(1)). The CEO must also ensure minutes are submitted for confirmation at the next meeting (reg 8(1)) and must record the detail specified in reg 8(4).
• Confidential flagging: when tabling a document the CEO may indicate that confidential handling under s 90 or s 91 of the Act should be considered (reg 18(2)).

Duties on members

• Notice requirements: members seeking to ask a question on notice or give written notice of motion must comply with the seven clear days rule (regs 9(1), 12(2)). For motions to revoke or amend resolutions since the last general election, written notice is mandatory (reg 12(3)), and there is a prohibition on repeating a lost revocation motion for 12 months or until the next general election (reg 12(4)).
• Speaking and conduct limits: members must not speak longer than five minutes without leave (reg 15(1)), are restricted generally to speaking once to a motion unless exceptions apply (reg 12(10)), must keep contributions relevant (reg 15(5)), and must not behave disorderly or interrupt another member (reg 29(1)). Members must be allowed to make a personal explanation if alleged to have contravened reg 29(1) (reg 29(3)).
• Voting duties: committee members must vote on questions, subject to contrary provisions in the Act (reg 27(2)). Members not in their seat are not permitted to vote unless the council varies that rule (reg 16(3)-(4)(a)), with an exception for members participating electronically in committee meetings under procedures approved for s 89 (reg 16(4)(b)).

Powers and discretions of the presiding member

• Procedural gatekeeping: the presiding member may rule questions vague, irrelevant, insulting or improper and may refuse to accept motions without notice on Guiding-Principles grounds (regs 9(6), 12(6)). The presiding member may refuse deputations (reg 11(3)) and can call to order members in breach of the Act or Regulations (reg 28(1)).
• Suspension and exclusion: the presiding member can direct exclusion under s 86(6b) (reg 28A), but must allow the member to make a personal explanation before exclusion (reg 28A(1)). Reg 20 allows the presiding member, with two-thirds approval of members present, to suspend some or all of Division 2 procedures for a period to facilitate informal discussions; a suspension must be entered in the minutes and is subject to other constraints (reg 20(1)-(3)).
• Vote management: the presiding member asks for votes and then declares the outcome (reg 16(2)). If a division is called, the earlier declaration is set aside and votes are counted with names recorded (reg 17).

Rights of members and the council

• Right to require tabling of documents: any member may require the CEO to table council documents relating to a motion before a meeting (reg 18(1)). If the requesting member refuses to vote until documents are tabled, the matter must not be put to the vote until tabling occurs.
• Right to move formal motions: a member who has not spoken to a motion may move a formal motion (reg 12(12)). Formal motions are confined to listed types and, if seconded, take precedence (reg 12(13)-(16)).
• Council’s supermajority power: the council may, by resolution supported by at least two-thirds of members entitled to vote, decide that a code of practice will replace certain provisions of Part 2 or alter a code (reg 6(1), (3)). It must review such a code at least annually (reg 6(2)).

Public participation rights

• Petition and deputation access: members of the public have a right to prepare petitions meeting the formal requirements and to have a petition or summary placed on the agenda (reg 10). Persons can request to appear as deputations by written request, subject to the presiding member’s discretion and the council or committee’s power to overrule a refusal (reg 11(1), (3), (5)-(6)).

Enforcement powers and sanctions

• Points of order and rulings: any member may raise a point of order alleging breach of the Act or Regulations; the presiding member rules and if contested a motion to overturn the ruling is to be moved immediately (reg 28(2), (4)-(6)). A resolution annulling a ruling binds the meeting (reg 28(7)).
• Discipline and penalties: for member misconduct, after procedural steps including personal explanation, remaining members may censure or suspend the member for part or remainder of the meeting (regs 28A(4), 29(5)). A member who refuses to leave or re-enters in breach of suspension is guilty of an offence (reg 29(6), maximum penalty $1,250). Members of the public who behave disorderly or interrupt face a maximum penalty of $500 (reg 30).

These duties and rights define the expected behaviours and administrative obligations of participants, embed specific procedural protections (personal explanation before exclusion), and create immediate in-meeting remedies for disruption (exclusion, suspension, censure). Many duties fall on the CEO for record-keeping and notification, creating an operational compliance burden measurable in staff time and process design.

The Regulations set a limited set of criminal penalties and a larger set of procedural enforcement mechanisms available inside meetings. The instrument primarily enforces process through in-meeting powers and minute-recording, with criminal penalties reserved for particular breaches by members and the public.

Criminal penalties

• Member refusal to comply with exclusion/suspension orders: reg 29(6) prescribes that a member who refuses to leave a meeting when required under reg 29(4) or who re-enters a meeting in contravention of a suspension under reg 29(5) is guilty of an offence. The maximum penalty is $1,250. This penalty attaches to defiance of in-meeting disciplinary steps.
• Public disorder or interruption: reg 30 prescribes that a member of the public who is present at a meeting must not behave in a disorderly manner or cause an interruption. The maximum penalty for contravention is $500.

Procedural enforcement mechanisms (non‑criminal or internal)

• Presiding member rulings and points of order: reg 28 empowers the presiding member to call members to order and rule on points of order. Points of order take precedence and may be disallowed or annulled by an immediate motion that the ruling not be agreed with (reg 28(3)-(6)). A successful motion annuls the ruling and binds the meeting (reg 28(7)).
• Exclusion under s 86: the Regulations incorporate the Act’s exclusion power by reference (reg 28A), and add procedural safeguards. Before giving a direction excluding a member under s 86(6b) of the Act, the presiding member must allow the member to make a personal explanation (reg 28A(1)). If a member is excluded under s 86(6a) no further action may be taken under reg 29 in respect of that contravention (reg 28A(2)). If a member defies an exclusion direction under s 86(6b), remaining members may, by resolution, censure or suspend the member for a part or the remainder of the meeting (reg 28A(4)).
• In-meeting censure and suspension: where a member is alleged to have contravened behavioural rules (reg 29(1)), the presiding member must permit a personal explanation and the member must leave the meeting while remaining members consider the matter (reg 29(3)-(4)). The meeting may then resolve that a contravention occurred and may censure or suspend the member (reg 29(5)).
• Recording and reporting obligations as indirect enforcement: the minute requirements in regs 8 and 25 create a documentary trail of motions, votes, disclosures of interest, adjournments, and confidential orders. The presiding member must initial pages and sign the minutes on confirmation (reg 8(3)), which both formalise and make enforceable the official record.
• Immediate procedural effects: formal motions have defined immediate consequences (reg 12(13)-(17)), for example terminating debate (that the question be put) or moving on to the next business (that the meeting proceed to the next business). A division resets an earlier presiding member declaration and requires recording of the names of members voting for and against (reg 17), which can alter outcomes and create public accountability.

Accountability and checks

• Council override: where the presiding member refuses to allow a deputation, the council or committee may resolve to allow the deputation to appear despite the presiding member’s ruling (reg 11(6)); similarly, a ruling of the presiding member on a point of order can be immediately tested by motion (reg 28(5)). These mechanisms create internal checks on presiding member discretion.
• Two‑thirds majority thresholds: some enforcement-adjacent powers, such as substituting a code of practice under reg 6 or suspending Division 2 procedures under reg 20, require a two-thirds majority of members present. That threshold raises the political cost of making procedural changes and serves as a gate to unilateral control.

Enforcement implications

• The criminal penalties are modest and aimed at behaviour that frustrates the meeting process. The principal enforcement tool is procedural: exclusion, suspension, or the council’s power to censure. These mechanisms require immediate in-meeting resolution and are recorded in the minutes, creating reputational and governance consequences beyond the monetary penalties.
• The Regulations place clear limits on the exercise of in-meeting power by requiring personal explanation opportunities and immediate availability of motions to overturn rulings. These limits are procedural checks designed to prevent arbitrary exclusion without record and debate.

Overall, the enforcement regime is primarily designed to preserve orderly process inside meetings through immediate in-meeting remedies and minute-recording, with criminal penalties as backstop measures for non-compliance with exclusion/suspension directions or public disorder.

The Regulations are subordinate legislation made under the Local Government Act 1999; they operate in deliberate relation to, and by reference to, specific sections of the Act. The instrument both specifies how certain Act provisions are to be applied to particular bodies and situations and leaves other Act provisions intact. The text contains multiple cross-references to the Act and explicitly modifies the application of certain sections when used in connection with committees.

References to the Act and operation with Act provisions

• Definitions and linkage: reg 3(1) defines "Act" as the Local Government Act 1999, which is the parent statute. Many procedural rules are subject to the Act ("Subject to the requirements of the Act", reg 6; "Subject to the Act and these regulations", reg 27(1)).
• Section 86 exclusions: the Regulations interact with s 86 of the Act (which governs meeting behaviour and exclusion) in several places. Reg 8(4)(b)(iii) requires minutes to note if a member is excluded under s 86(6b) and the period of exclusion. Reg 28A specifically provides procedural steps "for the purposes of section 86(6b) of the Act", notably requiring the presiding member to allow a personal explanation before exclusion and setting out consequences for refusal to comply with exclusion directions. Reg 28A also clarifies what conduct does not count as a contravention for the purposes of s 86(6a) (for example, objecting to words or calling attention to a point of order).
• Sections 87 and 88: Part 3 modifies the application of sections 87 and 88 of the Act to meetings of committees to which Part 3 applies. Reg 23 explicitly modifies section 87 in its application to such committees to allow committees to determine the form of notice, not require notice for each meeting, and to permit less prescriptive distribution of documents. Reg 24 modifies section 88 to allow public notice to be given by displaying notice/agenda in places determined by the CEO and not require public notice for each meeting.
• Section 89 and electronic participation: reg 16(4)(b) provides that the prohibition on members not in their seat voting does not apply to members participating in a council committee meeting by telephone or electronic means "approved in accordance with procedures determined by the council or council committee for the purposes of section 89 of the Act." That makes the Regulations operationally tethered to any council procedures adopted under s 89.
• Sections 90 and 91 on confidential business: multiple regs reference these sections. Reg 8(4)(h) and (i) require minutes to record details of the making of an order under s 90(2) and s 91(7) of the Act in accordance with s 90(7) and s 91(9) respectively. Reg 18(2) permits the CEO, when tabling documents, to indicate that confidential consideration under s 90 or s 91 should be taken into account. These references show the Regulations provide the administrative mechanics for recording or flagging orders under the Act without altering the substantive confidentiality rules the Act contains.

Limits and dependencies

• The Regulations explicitly preserve the primacy of the Act. For example, reg 6(1) begins "Subject to the requirements of the Act" and reg 20(3)(b)(i) states that during suspension the provisions of the Act must continue to be observed. This preserves statutory limits on council procedure,even when a code of practice is substituted or Division 2 provisions are suspended, the parent Act remains binding.
• The Regulations also cross‑reference other sections where they do not prescribe content themselves. For instance, reg 6(8) notes that reg 6 does not limit the operation of regulation 201 (not included in this instrument), indicating additional regulatory interdependencies exist elsewhere within subordinate instruments or the Act’s regulatory architecture.

Scope of modification

• The instrument is careful to say where it modifies the Act. Parts 3 (regs 22-25) include express modifications to the application of ss 87 and 88 to committees, replacing certain subsections with more tailored rules. This is an administrative accommodation recognising the different purpose, size and meeting frequency of committees relative to full council.
• Where the Regulations rely on the Act (for example, exclusion under s 86), they add procedural elaborations rather than substantive changes. Reg 28A prescribes an opportunity for personal explanation before exclusion, which is an administrative step; it does not change the statutory grounds for exclusion in s 86.

Practical consequence

• Legal advisers must read these Regulations in tandem with the referenced sections of the Act; compliance requires not only adherence to the Regulations’ procedural wheels but also to the enabling and limiting provisions of the Act. The Regulations set the operational "how" and the Act supplies the "what" in terms of substantive powers, confidentiality regimes, and statutory limits on member conduct. Where the Regulations modify the Act’s application (as in regs 23-24), they do so explicitly, creating a clear basis for alternative committee-level notice and public-notification arrangements.

In sum, the Regulations are anchored to and dependent on the Act for substantive boundaries, and where they change application they do so by express modification. Councils’ codes of practice and procedural determinations must therefore be drafted with attention to both the Act and these Regulations to avoid inconsistency.

The Regulations include a concise legislative history at their end, recording the instrument’s enactment, revocations, and subsequent variations. The history is important for practitioners checking which provisions have been added, deleted or varied and when those changes took effect.

Key entries in the legislative history provided:

• Principal instrument: Local Government (Procedures at Meetings) Regulations 2013, Gazetted 12 December 2013 (No 278), with commencement noted as 1 January 2014 (r 2) (see top of legislative history).
• The 2013 Regulations revoked the earlier Local Government (Procedures at Meetings) Regulations 2000 (the 2000 Regulations).
• Later variations recorded:
  • 2021, No 141, Gazette 16 September 2021, commences 10 November 2021 (r 2). Multiple provisions were varied by this instrument including omission of r 2 under the Legislation Revision and Publication Act 2002 (commenced 10.11.2021), deletions of r 6(5) and (6) by 141/2021 r 4 (commenced 10.11.2021), variation to r 9(1) by 141/2021 r 5, variation to r 12(2) by 141/2021 r 6, and variation to r 24 by 141/2021 r 7. Historical versions list 10.11.2021 as an earlier version.
  • 2022, No 97, Gazette 17 November 2022, commences 17 November 2022 (r 2). This instrument amended r 8(4) (see r 3(1), (2) of that variation) and inserted reg 28A (r 4). It also records the addition and date of commencement for those variations.
• The legislative history also notes that the Schedule 1 was omitted under the Legislation Revision and Publication Act 2002 on 10 November 2021.

Specific changes recorded in the "Provisions varied" table:

• Part 1: r 2 omitted under the Legislation Revision and Publication Act 2002 (10.11.2021).
• Part 2: r 6 had paragraphs r 6(5) and (6) deleted by 141/2021 (10.11.2021). R 8(4) was amended by 97/2022 r 3(1),(2) (17.11.2022). R 9(1) varied by 141/2021 r 5 (10.11.2021). R 12(2) varied by 141/2021 r 6 (10.11.2021). Pt 3: r 24 varied by 141/2021 r 7 (10.11.2021). Pt 4: r 28A inserted by 97/2022 r 4 (17.11.2022). Sch 1 omitted under the Legislation Revision and Publication Act 2002 (10.11.2021).
• The history notes that earlier versions are listed and that for further details practitioners should consult the Index of South Australian Statutes or the legislation website.

Implications for practitioners:

• Several procedural provisions were changed relatively recently (2021 and 2022). The insertion of reg 28A in 2022, for example, provides new procedural steps linked to s 86 exclusions and thus affects how member exclusions are to be handled. Amendments to r 8(4) affect minute content obligations.
• The history makes clear that provisions previously present have been removed and that the instrument is actively maintained. Any compliance program must use the current consolidated text and, where historical actions or minute records are in play, be aware of the effective dates of changes.

Practical note:

• When advising clients on meeting procedure, always reference the consolidated text as at a date after the latest amendment listed (17.11.2022 in this legislative history) and confirm whether there have been subsequent variations not recorded in the instrument extract provided. The legislative history itself warns that references to other legislation may be obsolete and that users should consult the Index or official legislative website for updates.

The Regulations as provided do not include or reference any case law or judicial decisions. The instrument contains no named cases, judicial commentary or litigation outcomes. The legislative text and the appended legislative history record only the enactment, revocations and variations of the Regulations themselves (2013 principal instrument, variations in 2021 and 2022), and do not list or cite any court or tribunal decisions.

What this absence means operationally:

• There is no statutory record in the Regulations of how courts have interpreted particular provisions in practice. Any legal argument about the meaning, scope, or constitutional validity of the Regulations would need to be sourced from external case law research rather than from the instrument’s text.
• Practitioners should therefore perform a separate search of South Australian Supreme Court, District Court, the South Australian Civil and Administrative Tribunal (where relevant), and Federal courts for any decisions referencing the Local Government (Procedures at Meetings) Regulations 2013 or related sections of the Local Government Act 1999. Such a search would reveal whether courts have considered, for example, the procedural adequacy of minutes, the lawfulness of exclusion under s 86 in conjunction with reg 28A, or disputes about the validity of codes of practice under reg 6.

Precise position in the absence of litigation citations:

• Because the Regulations explicitly reference sections of the Act (for example s 86, s 87, s 88, s 89, s 90 and s 91), any litigated questions about the application of those Act provisions in meeting contexts may be influenced by the procedural requirements set out in these Regulations. For example, a court asked to review the lawfulness of an exclusion could consider whether the procedural obligations in reg 28A(1) (allowing a personal explanation) were observed. However, without reported decisions in the text, the Regulations themselves supply only procedural obligations and do not provide judicial interpretation.

Recommendation for practitioners researching litigation:

• Conduct targeted case law searches for judicial consideration of exclusions under s 86 of the Act, challenges to council meeting procedure, judicial review of council decisions that hinge on alleged procedural unfairness, and any matters addressing the adequacy of minutes under reg 8. Also search tribunal decisions and local government ombudsman reports which may discuss application of these Regulations in practice.

In sum, the instrument contains no litigation history within its text; determining how courts have applied or interpreted its provisions requires external legal research.

The Regulations are procedural and granular; several provisions present practical pitfalls, timing traps, procedural constraints, and sources of ambiguity that councils and advisers should note. The following "gotchas" are grounded in the text and highlight where routine practice can fail to comply or where discretionary power can produce unintended effects.

Clear days and timing traps (reg 3(2)-(3); regs 9, 12)

• The calculation of clear days excludes the day the notice is given and the day of the meeting, but includes weekends and public holidays (reg 3(2)). Notices given after 5pm are treated as given the next day (reg 3(3)). Practically, this means that a seven clear days requirement (for questions or notices of motion, regs 9(1), 12(2)) can easily be mis‑calculated if officers count working days only or forget the after‑5pm rule. Missed notice windows can invalidate a motion or preclude a question being placed on the agenda.

Formal motion limits and resubmission restrictions (regs 12(13)-(19), 12(3)-(4))

• Formal motions are limited to a precise list. Attempting to use a "formal motion" in any other form will not be recognised (reg 12(13)). After a formal motion to table that succeeds, the question lapses and only a resolution can retrieve it; and any question that lies on the table due to a successful formal motion lapses at the next general election and must be reported by the CEO (regs 12(14)(c), 12(19)-(20)).
• Motions to revoke or amend resolutions passed since the last general election require written notice (reg 12(3)); if a motion under reg 12(3) is lost, a motion to the same effect cannot be brought for 12 months or until the next general election (reg 12(4)). That creates a significant lockout for contentious decisions; sponsors must consider the high failure cost of a losing vote.

Minute detail burdens (reg 8)

• Minutes must contain extensive detail, including times members enter and leave (reg 8(4)(b)(i)-(ii)), records of exclusions under s 86(6b) and the period of exclusion (reg 8(4)(b)(iii)), and records of requests for documents to be tabled and of oral briefings (reg 8(4)(k)-(m)). Failure to record required particulars can expose councils to procedural challenge when actions are contested.

Presiding member discretion and how to challenge it (regs 11, 12, 28, 28A)

• The presiding member may refuse to accept deputations (reg 11(3)) and motions without notice (reg 12(6)), and may rule questions as improper (reg 9(6)). But the council or committee may overrule a presiding member’s refusal to allow a deputation (reg 11(6)), and a presiding member’s ruling on a point of order can be immediately challenged by motion (reg 28(5)). Practically, a presiding member’s discretionary refusals should be recorded carefully because they are subject to immediate overruling and must be reported (reg 11(5)).

Short-term suspension hazards (reg 20)

• The presiding member can suspend operation of all or part of Division 2 for informal discussions with two-thirds approval (reg 20(1)). During suspension, "no act or discussion will have any status or significance under the provisions which have been suspended" (reg 20(3)(b)(ii)). That phrase means decisions or discussion during suspension may be void as meeting procedure; officers must ensure suspensions are properly recorded, time-limited and understood, and that the Act continues to be observed (reg 20(3)(b)(i)).

Tabling and confidentiality interplay (reg 18)

• A member’s right to require the CEO to table council documents is unconditional (reg 18(1)), and if the member refuses to vote until documents are tabled the matter must not be put to vote. But the CEO may indicate that the document should be considered for confidential handling under s 90 or s 91 of the Act (reg 18(2)), which can delay or prevent open tabling. Officers need clear processes to reconcile mandatory tabling with confidentiality criteria under the Act.

Committee notice flexibility (regs 22-24)

• Part 3 deliberately relaxes notice and public notice requirements for some committees by modifying sections 87 and 88 of the Act (regs 23-24). That flexibility can be misapplied: if a committee has not formally adopted the lesser notice arrangements or if the committee is of the type covered by Part 2, relying on Part 3 shortcuts could breach the Act. The council must properly resolve which committees are covered by which Part (reg 5).

Voting and attendance technicalities (reg 16(3)-(4), reg 27)

• Reg 16(3) states a person who is not in his or her seat is not permitted to vote, subject to variation by council and an exception for electronic participation in committee meetings approved under procedures for s 89 (reg 16(4)). Different rules across council and committee meetings regarding voting while absent or participating electronically create potential for inconsistency unless council procedures are explicit.
• Committee presiding members do not have a casting vote in the event of equality (reg 27(3)), which changes common practice in some decision-making bodies; a tie therefore results in the motion being lost or otherwise unresolved unless the body’s rules or the Act provide otherwise.

Exclusion and disciplinary overlaps (reg 28A, reg 29)

• Reg 28A(2) states that if a member is excluded under s 86(6a) of the Act, action cannot be taken under reg 29 in respect of that contravention. Practically, that requires careful classification of the basis for exclusion and discipline; taking both routes could be procedurally improper.
• The presiding member must allow a personal explanation before giving an exclusion direction under s 86(6b) (reg 28A(1)), and must take into account certain protected conduct that does not amount to a contravention (reg 28A(3)(a)-(c)). Failure to observe these steps risks procedural complaint.

Two-thirds thresholds for codes of practice and suspensions (regs 6, 20)

• Replacing parts of the prescribed procedure with a code of practice or suspending Division 2 requires a two-thirds resolution. Councils must ensure accurate counts of members entitled to vote to meet these thresholds; miscounting can produce invalid procedural changes.

Minor drafting surprises and legislative history

• The legislative history shows deletions and variations (notably in 2021 and 2022) which altered minute content, notice requirements and inserted reg 28A. Practitioners must confirm they are working with the consolidated instrument effective 17 November 2022 or later. The instrument warns that cross‑references to other statutes may be obsolete; counsel should verify linked Act provisions.

These gotchas point to the need for disciplined procedure: formal templates for notices, rigorous clear days calculations, minute templates that capture required items, explicit council determinations about which committees are covered by which Part, and documented reasons whenever presiding member discretion is exercised.

Complying with the Regulations requires both governance-level decisions and operational processes. Below is a practical compliance checklist, mapped to the Regulations, to help councils, CEOs, governance officers and advisers operationalise the rules and reduce legal risk.

Governance and policy steps

• Decide which committees are subject to Part 2 and which to Part 3, and record those resolutions formally (reg 5). If the council intends to apply Part 2 to additional committees, make sure the council’s resolution is in the minutes.
• If the council wants locally tailored procedures, prepare a code of practice and adopt it only by a resolution supported by at least two-thirds of members entitled to vote; schedule an annual review and record this review in governance papers (reg 6(1)-(3)). Maintain a version-controlled code and a change log reflecting two-thirds votes.
• Approve procedures for electronic participation in committee meetings consistent with section 89 of the Act and record those procedures so reg 16(4)(b) exceptions are available for eligible remote participants.

Agenda and notice management

• Implement a notice-timing calculator that applies the clear days rule in reg 3(2)-(3). The calculator must:
  • Exclude the day notice is given and the day of the meeting.
  • Include Saturdays, Sundays and public holidays as counting towards clear days.
  • Treat notices given after 5pm as given on the next day.
• Communicate to members clear deadlines for submitting:
  • Questions on notice (at least seven clear days before the meeting, reg 9(1)).
  • Notices of motion (at least seven clear days before the meeting, reg 12(2)), including special advice about motions to revoke/amend resolutions since the last general election (reg 12(3) and the 12‑month/next general election resubmission bar in reg 12(4)).
• Establish a standard template and receipt handling for petitions and deputation requests, ensuring petitions include name and address of each signatory and are delivered to the principal office (reg 10(1)), and deputation requests are transmitted promptly to the presiding member (reg 11(1)-(2)). Record outcomes and, where deputations are refused, ensure the presiding member reports the refusal at the next meeting and that the council is able to overrule (reg 11(3), (5)-(6)).

Minute and record-keeping processes

• Build or update minute templates to capture all mandatory entries in reg 8(4) (for council meetings and applicable committees) and the simplified list in reg 25(1) (for committees in Part 3). Ensure templates capture:
  • Names of members present, times of entry/exit, and whether a member is absent due to suspension or leave (reg 8(4)(a)-(ab), (b)).
  • Each motion and amendment and the names of mover and seconder (reg 8(4)(c)), variations/withdrawals (reg 8(4)(d)), and whether carried or lost (reg 8(4)(e)).
  • Disclosures of interest and account of personal explanations (reg 8(4)(f)-(g)).
  • Details of confidential orders under s 90 and s 91 as required (reg 8(4)(h)-(i)).
  • Adjournment details, tabling requests and documents tabled, oral briefings and other matters required by the Act (reg 8(4)(j)-(n)).
• Ensure the presiding member initials each page and signs and dates the last page upon confirmation of the minutes (reg 8(3)).
• Record divisions properly: if a member calls a division, count and record names voting for and against as required by reg 17(3)-(4).

In-meeting procedure and training

• Train presiding members on the scope and limits of their discretion: how to accept or refuse motions without notice (reg 12(6)), how to rule on questions (reg 9(6)), handling of points of order (reg 28), and the procedural requirements for exclusion under s 86 including the personal explanation requirement in reg 28A(1).
• Provide members with concise briefings on speaking times (five minutes unless leave is granted, reg 15(1)), the one-speech general rule (reg 12(10)), and the rights and limits around formal motions (reg 12(12)-(17)).
• Prepare standing procedures for short-term suspensions (reg 20). Because suspensions require two-thirds approval and have particular minute requirements, adopt a template motion and minute note to ensure compliance with reg 20(1) and (3).

Tabling and confidential material

• Create a tabling protocol that allows the CEO to accept member requests to table documents and to flag the documents for confidential handling under s 90 or s 91 where appropriate (reg 18). The protocol should:
  • Set timeframes for tabled document circulation and determine what constitutes a “reasonable time” for tabling under reg 18(1).
  • Provide a checklist for confidential criteria under s 90/91 so the CEO can make an informed indication (reg 18(2)).

Adjournments and quorum

• Implement an automatic alert system for scheduled meetings that checks for apologies indicating absence of quorum. If salutary, empower the CEO to adjourn meetings in line with reg 7(2). Ensure CEO staff record reasons and the names of members present in the minute book, and follow public notice obligations for adjourned meetings (reg 7(4)-(5)).

Discipline and behavioural rules

• Formalise an escalation ladder for member misconduct consistent with reg 28A and reg 29:
  • Presiding member requests a personal explanation (reg 28A(1), reg 29(3)).
  • If required, member leaves meeting while remaining members consider the matter (reg 29(4)).
  • Remaining members may censure or suspend the member (reg 29(5)-(6), reg 28A(4)).
  • Enforce penalties for non-compliance (criminal offence with maximum $1,250 for members, reg 29(6); $500 for members of the public, reg 30).
• Keep standardised wording for censure and suspension resolutions to ensure clarity and minimise successful procedural challenge.

Codes of practice

• If the council adopts a code of practice under reg 6, ensure:
  • The code expressly identifies which specific provisions of Part 2 it substitutes or varies.
  • The adoption is authorised by a two-thirds resolution and recorded in the minutes.
  • The code is reviewed at least once per financial year and any substitution, alteration or revocation is undertaken by the two-thirds threshold set out in reg 6(2)-(3).
  • The code explicitly records how it adheres to the Guiding Principles (reg 4, reg 6(4)).

Documentation and version control

• Maintain a compliance register that logs:
  • All notices of motion, questions on notice, petitions and deputation requests with timestamps to demonstrate compliance with clear days rules.
  • Decisions to suspend Division 2 procedures, and the entries required in the minutes under reg 20(3)(a).
  • Any use of reg 6 codes of practice or reg 16 variations to voting rules.
  • Any exclusions under s 86 and the steps taken under reg 28A and reg 29.

Legal check-points

• Before taking exclusion or suspension action, seek counsel where the facts are novel or where exclusion is for conduct that might be characterised as protected under reg 28A(3) (for example, calling a point of order).
• Where confidential material is involved, ensure the s 90 and s 91 tests are applied before refusing public tabling or moving into confidence, and record the decision and ground in the minutes in the manner required by the Act and the Regulations (reg 8(4)(h)-(i)).

By translating each statutory obligation into a concrete administrative step, councils can convert the Regulations’ procedural prescriptions into predictable processes. The CEO and governance staff are central: compliance is largely a resourcing and process discipline exercise, relying on templates, deadline-calculators, minute controls and clear delegation lines.