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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-10-16 Daily Xml
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LOCAL GOVERNMENT CODE OF CONDUCT

The Hon. G.A. KANDELAARS (15:25): I seek leave to make a brief explanation before asking a question of the Minister for State/Local Government Relations.

Leave granted.

The Hon. G.A. KANDELAARS: I understand that the minister and the President of the Local Government Association, Mr Kym McHugh, have today released a draft mandatory code for council members to interested parties for consultation. Can the minister provide further information to the chamber on the development of the uniform code of conduct?

The Hon. R.P. WORTLEY (Minister for Industrial Relations, Minister for State/Local Government Relations) (15:26): I would like to thank the member for his very important question. As the honourable member mentioned in his question, a draft mandatory code of conduct for council members has today been released to interested parties for consultation. Once it is finalised, all council members in South Australia will be required to adhere to the code of conduct.

As it stands, each council is responsible for developing its own code of conduct. The creation of a single mandatory code of conduct will provide consistency as well as certainty for the local government sector, with all council members and members of the public able to easily understand what conduct can be expected from their elected officials.

Members may be aware that the draft mandatory code of conduct was developed in response to the 'Improving governance' discussion paper that was released earlier this year as a joint state government/Local Government Association initiative. The draft mandatory code of conduct also reflects the Independent Commissioner Against Corruption Bill 2012 and its expected amendments to the Local Government Act 1999.

The draft code is based on different levels of council member behaviour. Additionally, high-level principles are set out which outline the standards that our community expects from our elected representatives. These principles are then supported by specific conduct matters contained in a behavioural code which will be managed by councils.

More serious matters are contained within the draft code under the section on misconduct. It is proposed that alleged breaches be investigated by the Ombudsman in the first instance, not councils. It is also proposed that repeated breaches of low-level behavioural matters can be referred to the Ombudsman for investigation.

It is of course important to remember that the vast majority of council members are dedicated to public service, and their behaviour reflects their commitment. However, from time to time there are instances where council members behave in a way that is not acceptable to their constituency and, indeed, their council. While these breaches will continue to be managed by councils, it is important for councils to be able to have access to a clear path of resolution, should the need arise. I am confident that the draft code of conduct provides for these options.

The draft code also includes an appendix that details the most serious potentially criminal conduct matters, including corruption. Any suspected breach of these matters will be referred to the Independent Commissioner Against Corruption, when appointed.

I believe it is important that any council member or any member of the public be able to pick up the code and read through a complete overview of expected council member conduct. This is why matters within the document range from the principles that underpin conduct, through relatively low-level behavioural matters and misconduct, all the way to the most serious offences.

If any members are aware of any interested groups who may wish to comment on the code, then I can inform the chamber that the draft code, along with the explanatory paper, is available from the Office for State/Local Government Relations website, www.localgovt.sa.gov.au or the Local Government Association website, www.lga.sa.gov.au.

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