FAQs
- acting respectfully towards others
- making every effort to represent their council honestly
- complying with all council policies.
- conflicts of interest
- managing gifts and benefits properly
- dealing with confidential information
- releasing information about personal interests
- acting honestly
- not using a position as a council member for personal gain.
- requiring a member to apologise or undertake training
- passing a censure motion in respect of the member
- removing them from other offices they may hold.
What are the Behavioural Standards for Council Members?
The Code of Conduct for Council Members has been replaced with the Behavioural Standards for Council Members (the Behavioural Standards).
The Behavioural Standards describe the kind of behaviour that all council members must abide by.
The Standards relate to behaviour - essentially how a council member acts as they engage with other members, council employees and other people.
The Standards include behaviour like:
Section 75G introduces new health and safety obligations for council members, including the requirement that council members must take reasonable care that their conduct does not adversely affect the health and safety of other council members or employees of Council.
Why don't the Standards include things like conflicts of interest?
Conflicts of interest and other 'integrity matters' are not included in the Standards, as they will be included within the Local Government Act 1999. Many of them already are.
These are matters that, if breached, could affect the integrity of a council member's decision making. They include:
Any complaint that a member has breached these integrity matters should be made straight to the Ombudsman.
The Ombudsman has a specific role to investigate these complaints and apply relevant sanctions.
What happens if a council member breaches the Standards?
If anyone believes a council member has breached the Standards, they can complain to City of Burnside. This includes other council members, council employees, ratepayers or members of the public.
Council is required to have policies and procedures in place to manage complaints and deal with breaches.
Council can take action to address issues or breaches, which may include:
If the council member does not comply with Council's efforts to resolve the matter, Council can also refer the member to the Behavioural Standards Panel.
If a council member repeatedly breaches the Standards, this can also be referred to the new Behavioural Standards Panel for action.
The Panel can look into the matter and apply greater sanctions, which can include suspending a member for a maximum of three months (with or without their allowance).
Are there other behavioural standards that apply to members?
While the Behavioural Standards for Council Members applies to all councils, Council may also choose to develop their own Behavioural Support Policies.
Council Members have a responsibility to abide by other policies set by the Council in addition to those relating to behaviour.
The City of Burnside has decided to have this additional support policy, and as part of that step, we are now consulting with the community. This is an opportunity for the Council to discuss and decide on what standards they will hold themselves accountable to.