NSW New Disclosure Rules for Local Councillors

Local Government Amendment (Pecuniary Interests) Bill 2024

Independent Bill

Legislative Council

Legislative Assembly

Assent

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Introduced by: Tania Mihailuk MLC (IND); Helen Dalton MP (IND)

Effects of this bill

If this bill passes, it means that:

The model code of conduct must require council councillors and general managers to disclose all pecuniary interests.
Pecuniary interests now explicitly include interests held outside New South Wales.

The Debate

What different members said when this bill was debated:

Amanda Cohn GRN

“As The Greens spokesperson for local government, I indicate that The Greens will be supporting the Local Government Amendment (Pecuniary Interests) Bill 2024 on the proviso that the amendment that has been lodged and circulated by the mover is passed this evening.”

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Aileen MacDonald LIB

“I speak in support of the Local Government Amendment (Pecuniary Interests) Bill 2024. The bill aims to close loopholes surrounding pecuniary interests, be they local, within New South Wales, within Australia, or overseas.”

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Tania Mihailuk IND

“I will be moving an amendment that cleans up the bill. I acknowledge the Hon. Ron Hoenig’s staff, who provided me with a briefing note of some of the Government’s concerns with the bill. I appreciate that the Government is not opposed to the bill as such but has found some legal issues that may be a concern for the broader Model Code of Conduct issue we are trying to deal with here.”

Official source →

News articles and press releases

Second Reading Speech, Local Government Amendment (Pecuniary Interests) Bill 2024

The Hon. TANIA MIHAILUK — 2024-09-25

The Local Government Amendment (Pecuniary Interests) Bill 2024 proposes to amend the Local Government Act 1993 to require councillors to disclose all pecuniary interests, including those outside New South Wales, and for related purposes. The bill will make it clear that a pecuniary interest includes a pecuniary interest outside New South Wales and will require the model code of conduct prescribed by the regulations to require councillors and general managers of councils to disclose all pecuniary interests. Currently in New South Wales, under section 439AA (4) of the Local Government Act 1993, which clarifies the operation of the pecuniary interest provisions in the Model Code of Conduct for Local Councils in NSW, councillors do not have a pecuniary interest in a matter if: