Toxic councils told ‘tone down'

LOCAL Government councillors and senior employed staff accused of serious misconduct may soon have their future decided by an independent tribunal, taking the disciplinary role away from the Office of Local Government.

As well, the Government is considering options to provide councils greater scope and authority to deal with unreasonable councillor conduct quickly and effectively at the local level. 

New provisions will define behaviours that constitute “serious misconduct” and will establish new offences with stronger sanctions for dealing with it.

The move comes as MPs and stakeholders on all sides say behaviour within some councils has become toxic.

Local Government Minister Nic Street, who is expected to release in coming days his response to the Future of Local Government Review, is considering empowering the Tasmanian Civil and Administrative Tribunal (TASCAT) to hear and decide on misconduct allegations which are at the more serious level.

“Active consideration will be given to the potential role of TASCAT in investigating and enforcing new serious misconduct provisions,’’ Mr Street said.

TASCAT is a dispute resolution service across a broad range of areas of law, including neighbourhood disputes, anti-discrimination, planning and resource disputes and complaints against medical practitioners. Mr Street said there were issues of culture at some councils.

“We require a buy in from local government, elected members and staff. “Someone needs to take responsibility for the behaviour.’’

He said since he left local government in 2016, behaviour at some meetings had deteriorated significantly. “Some of the factors are meetings (before 2016) weren’t televised,’’ Mr Street said. “Some (councillors) like to act the clown, they want to be seen. “Also social media has had a terrible impact on every level of government.’’

Writing for this newspaper, Mr Street said the Future of Local Government Review provided “a once-in-a-generation opportunity to consider how to shape a flexible, adaptable and sustainable local government system that can respond to the growing demands and changing needs of our communities for decades to come.’’

The review has been under way for about three years.

“The recommendations have required considered thought with the mindset that these are long-term commitments that will require collaboration between all levels of government and our communities if they are to be delivered successfully.

“Our response will be finalised and made public in the coming weeks, however there are a number of priorities that I can share at this stage on the policy and legislative program we are developing.

“Firstly, we will bring to the Parliament amendments to the Local Government Act 1993 to clarify the obligations, duties and powers of councils, mayors, other elected members, and senior council staff under our work health and safety legislation.