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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-04-06 Daily Xml
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LOCAL GOVERNMENT CODE OF CONDUCT

The Hon. CARMEL ZOLLO (14:47): My question is to the Minister for State/Local Government Relations. Will he inform the chamber whether elected councillors have the right to speak in public and to the media in opposition to council decisions and policies?

The Hon. B.V. FINNIGAN (Minister for Industrial Relations, Minister for State/Local Government Relations, Minister for Gambling) (14:47): I thank the Hon. Mrs Zollo for her question. The matter that the honourable member refers to was brought to my attention last month by a journalist from TheMurray Valley Standard. The journalist informed my offices of a code of conduct complaint against councillor Clem Schubert which the newspaper claimed was heard by the Rural City of Murray Bridge in confidence on 21 February.

The journalist contacted councillor Schubert for comment and also another councillor who was believed to have made the complaint. Both councillors declined to comment, citing a confidentiality provision in the council's code of conduct. The journalist also claimed that council had decided that the mayor was the only spokesperson for all council-related comments. The issue put to me was that councillors were under the impression that they could not express their personal opinions on council resolutions.

This is an issue that arises from time to time, largely because councils have different codes of conduct and different interpretations of those codes. The matter at heart here is whether elected members of councils have the right to speak to the media—and, of course, they do. Section 58 of the Local Government Act 1999 states that it is the role of the principal member (the mayor or chairperson) to act as the principal spokesperson of the council, unless the council has appointed another member to act as its principal spokesperson. This refers to the role of making statements for or on behalf of the council.

An individual councillor has a role, as someone elected to the council, of representing the interests of residents and ratepayers, providing community leadership and guidance and facilitating communication between the community and the council. As such, council members, as elected representatives, are free to express their views in the media when they are not speaking on behalf of the council but, rather, expressing their own view.

The question also arises as to whether elected members have the right to say publicly that they disagree with council resolutions or policies—and, of course, again, they do. Legitimate and public comment and criticism on council processes or policies by an elected member is part of our democratic process. Whether this is considered a breach of a council's code of conduct will depend on the circumstances of each case. If in the process of outlining some views of disagreement, the member (councillor) makes statements that are, for example, misleading or derogatory of others, then that would be contrary to standards contained in council codes.

The Murray Valley Standard asked if councils have the ability to pass resolutions or adopt codes of conduct to prevent elected members speaking to the media. They do not, certainly not as a general or blanket prohibition. While councillors may be under a duty to keep certain matters related to such things as tenders or contracts, employment of staff or legal matters confidential, no council is able to effectively gag a councillor from speaking at all.

The review of public integrity that the government has conducted recommends the creation of a single code of conduct for councils across the state as being the minimum standard required. Of course, submissions to the review have closed, and the Attorney-General and the government will be reviewing those.

In my view, a single code of conduct that sets out the minimum standard required will give greater clarity to councils and the community regarding the role and responsibilities of elected members, as well as their rights. I am pleased to note that, at a recent council meeting, The Rural City of Murray Bridge endorsed the recommendation relating to the code of conduct, and others, as proposed by the public integrity review.

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