June 1- 30, 2026: Issue 655

 

Greens Undo Ban on Hearing from Residents at Council Meetings

Cr De Luca and Cr Singh and spoke to Pittwater Residents group Protect Pittwater, which is working to restore Pittwater Council, and turned up to protest outside the February 2026 NBC meeting against the silencing of community voices and the sale of a Pittwater Council asset bought by the ratepayers of Pittwater, some wondering if they may be breaking the law by doing so. Photo supplied
On May 26 2026 the The NSW Legislative Council voted in support of disallowing the model code of meeting practice for local councils in NSW. 


The disallowance undoes limitations on public forums and unintended consequences of the attempted ban on private briefings. With the disallowance on the code in the upper house, the former model code from 2021 will apply. 

The code, introduced in August 2025 and set to commence from January 1 2026, received a backlash from councillors and communities who said it restricts access and excludes participants from council meetings.

On December 16 2025 Crs. De Luca, Singh and Giltinan lodged a Notice of Motion to rescind Council’s resolution in respect of of its 'Outcome of Public Exhibition - Draft Code of Meeting Practice', made at the 16 December 2025 Council meeting. 

The Northern Beaches Council had voted to remove the Public Address and Public Forum from council meetings.

Only the Public Forum, addressing Items on the meeting agendas was to be retained and this was to be moved to 7 days prior to any council meeting. Any late Additional Information, such as the 4 listed atop the Rescission Motion, all dated February 16 2026, the day before the first Northern Beaches Council meeting for 2026, would not be included in what residents could address.

The Northern Beaches Council had been pushing for changes to hearing from residents prior to this.

At the February 27 2018 Meeting, for councillors elected to the newly established 'Northern Beaches Council', after the May 2016 forced amalgamation of Pittwater with Warringah and a year and a half under an Administrator imposed by the previous NSW Coalition Government, the council's then draft Meeting Code proposed abolishing the Public Forum prior to meetings. 

Then (Feb. 2018) it was proposed that, if that draft Code of Meeting Practice was adopted, the Public Forum would continue as a separate community meeting held just five times a year in venues rotating across the region. 

To Item 8.3 Cr.s De Luca an Ferguson proposed adding 'Clause 5.19, Public Forum': 

a. a Public forum will be conducted at each Ordinary Council Meeting for a period of 30 minutes (maximum of 10 speakers at 3 minutes each)  
b. Public Forum should not be used to raise routine questions, matters or complaints. Such matters should be forwarded in writing to Council where they will be responded to by appropriate Council offices 
c. any question to Council must be submitted with the request to address Council and will be reviewed by staff prior to the meeting. If the question is deemed to be a routine matter it will be processed as a customer request and a response will be provided in accordance with customer service standards 
d. if a question cannot be answered at the meeting a written response will be provided in accordance with customer service standards. 

This was carried with only Crs Bingham, Heins, Philpott and Regan voting against it. The draft Code of Meeting Practice was exhibited for 28 days and consequently passed.

In speaking on the amendment, to not abolish the Public Forum, Cr. De Luca said then (2018);

“We have heard from our community tonight that they do not want the Public Forum as proposed (in the then current draft). We should not be restricting our community’s right to address us through any avenue available.

We are only sitting a mere 10 times a year. It is not an unfair or unreasonable expectation by our community for them to expect us to listen to them every month. The perception is, (by the community) is that we are gagging the community for our own benefit."

In August 2024 the Northern Beaches Council proposed cutting the amount of time residents and councillors will be allowed to speak at meetings and to ban photography anywhere near them.

Speakers’ time during public forums (to Items on Agenda) and addresses was to be reduced from three to two minutes. These had already been shortened as they had once been 5 minutes.

Then the NSW Government tabled changes in 2025. The Government stated the Key changes to the Model Code of Meeting Practice include, among others, are:
  • Encouraging councils to hold public forums preferably before committee meetings, ... to enable community engagement in local matters
At the December 2025 meeting the council again tabled its version which included removal of Public Forums from prior to council meetings. The Public Address, which gave residents an opportunity to bring to the attention of the council matters not on its meeting agendas, was to go altogether.

The Item was passed, and now included in the council's Code of Meeting Practice:
  • A public forum will be conducted prior to each ordinary meeting of the Council for the purpose of hearing oral submissions from members of the public on mayoral minutes, reports to council and notices of motion (collectively, items of business), to be considered at the meeting.   
  • The public forum will be held in Council Chambers from 6.00pm 7 days prior to an ordinary meeting of the Council. 
and:
  • A public forum should not be used to raise questions or complaints. Such matters should be forwarded in writing to the council where they will be responded to by appropriate council officers.
And that the council would:
  • Establish a monthly community engagement forum, separate from the public forum referred to in clause 4 of the Code of Meeting Practice, to be held on the same evening as that public forum, for Councillors to hear from the members of the public on items not on the Council meeting agenda, on a trial basis for 6 months.
And:
  • Note its opinion that the amendments to the draft Code are not substantial and it may adopt the amended draft Code without public exhibition as its code of meeting practice.
Part of the reason behind removing residents voices from directly before council meetings continues to be reducing the length of these meetings. This, it has been stated, would enable the meetings to be more productive through being able to get through the Items listed in each agenda.

However, the Minutes from the February 2026 meeting, as with other council meetings, showed a large number of Items 'resolved by exception', meaning they didn't get discussed at all, just passed, (did the councillors get time to read all the documents?' residents ask - 119 pages in Agenda, 735 pages in the Attachment Booklet), and that despite vetoing hearing from residents the meeting didn't  finish until 11:43pm.

As with other council meetings, the February 17 2026 meeting saw items not 'resolved by exception' deferred to the ordinary Council meeting of 17 March 2026 in accordance with clause 19.4(a) of the Code of Meeting Practice, including the rescission Motion: 
  • 14.1  Notice of Rescission 4/2025 - Item 9.2 - Outcome of Public Exhibition - Draft Code of Meeting Practice 
The council had already put up a Notice on its Council Meetings webpage prior to the first meeting of the year, stating:

Changes to public address
As of 1 January 2026, the NSW Government has changed the way councils run their meetings and the opportunities for the community to speak. Northern Beaches Council has proposed new forum arrangements for the community through a Code of Meeting Practice. The adoption of this Code is awaiting the consideration of a recission motion at the 17 February 2026 council meeting. As such no public forum can be held before the February council meeting.

This was edited, with the same Notice and a date change - to 17 March 2026 - meaning a whole quarter of 'muzzling' or 'silencing' was effected, residents stated.

Cr. De Luca's Notice of Motion to rescind Council’s resolution was subsequently voted down at the March 2026 Council Meeting with only Cr Singh, Cr De Luca, Cr Giltinan, Cr Robins, Cr Korzy and Cr Glanville voting in support of the same.

At that same March 2026 meeting, at which residents could not speak, the Northern Beaches Council voted to sell a Pittwater Council asset which had been paid for by the residents of Pittwater soon after they managed to attain removing residents of Pittwater from under the control of Warringah Council - when Pittwater Council was formalised in 1992. The money raised was to be placed in an account held by the council. 


Public Forums and the Benefits of being in the Same Room at the Same Time

Three public forums have been held 7 days prior to council meetings since March - in April, May and on June 10.

At the May one the bulk of the time was taken up by political aspirants attacking the council. One resident spoke against the council plan for loud music at Manly and how that would impact those who live there, an Item subsequently passed which Manly residents state is tone deaf to their pleas not to, and Newport Resident's Association Gavin Butler spoke in support of the Newport Masterplan. 
. 

The council proceeded with the June 10 'Public Forum', separate from the June 16 council meeting, despite the disallowance motion of May 26 2026 in the upper house of the NSW Parliament.

The same occurred at the June 10 one, this time with just a sole community representative and president of the West Pittwater Community Association speaking about parking fees at Church Point and calling in what was agreed to under the previous council, Pittwater Council. The rest were political aspirants, again attacking the council and making disparaging and libellous remarks.

Residents state they are now paying for a Public Forum that is allowing political aspirants to showcase their agenda and is still removed from the council meetings and Items residents may wish to speak for or against when and where it matters to them - prior to council meetings.

Residents state the benefit of speaking immediately prior to a council meeting is that may give pause for thought when voting on Items when those who have spoken to these are in the same room at the same time.

Former model code from 2021 Applies

As stated by the NSW MLC's, with the disallowance on the code in the upper house, the former model code from 2021 will apply. 

The incumbent Minns Government stated in response to the disallowance vote:

''The Government’s rewrite of the Model Meeting Code, which came into effect in January 2026, banned private briefings, required all councils to livestream and record council meetings, as well as provided clearer powers and processes for Mayors so meetings may be conducted in a dignified manner and in the full view of the public.

Every council will now be burdened with unnecessary confusion and uncertainty as the transparency and other measures contained in the new Code need to be wound back by each of New South Wales’ 128 councils.

The Government is now considering options in relation to these long overdue reforms which were introduced to improve the transparency and decency of council meetings and reduce corruption risks.''

The Northern Beaches Council, in its June 16 2026 Meeting Agenda for this coming Tuesday, in Item 8.1 proposes:

''Council retain its 2025 Code on an interim basis, applying the 2021 mandatory provisions where inconsistent as required, to preserve beneficial reforms while avoiding unnecessary re-exhibition, disruption and confusion for the community.''

And recommends that the council:

'Note the NSW Legislative Council’s disallowance of the Local Government (General) Amendment (Model Code of Meeting Practice) Regulation 2025 means that provisions of Northern Beaches Council 2025 Code of Meeting Practice which are inconsistent with the mandatory provisions of the 2021 Model Code of Meeting Practice are no longer permissible. 

Continue to operate under the Northern Beaches Council 2025 Code of Meeting Practice as an interim measure pending the NSW Government’s foreshadowed release of a new Model Code of Meeting Practice.  

Note that where any provisions contained in the Northern Beaches Council 2025 Code of  Meeting Practice are inconsistent with the 2021 Model Code of Meeting Practice, then the relevant mandatory provision in the 2021 Model Code will instead apply. '

The 2021 Code being now back in place, which allows Public Forums to be separate from council meetings where voting on Items occurs, would mean the passing at next Tuesday's meeting of Item 8.1 as is and that residents remain removed, by 7 days, from final decisions on each Item on each council agenda for each meeting.

The Public Address has been removed - the Public Forum, in being removed from immediacy, also now has a distinctive 'gone' quality in local government democracy for the whole of the Northern Beaches Council LGA, as seen in 'Public Forums' held so far.

Greens spokesperson for Local Government, Dr Amanda Cohn, led the disallowance motion which was supported by the Opposition and a majority of cross-bench members across the political spectrum.

“Councillors highlighted a range of serious issues with the code, including unreasonable barring of attendance at meetings via audiovisual link in circumstances such as natural disasters or due to caring responsibilities,” Dr Cohn said. “At least three councillors have had to resign from their elected position as a result.” 

“A Penrith councillor with a disability who is the sole carer for her child said this rule meant people like her would no longer be represented. It’s a tragedy for our communities to exclude voices altogether when people reasonably can’t attend in person.” 

Greens spokesperson for Democracy Kobi Shetty said: “For a thriving democracy we need to encourage more diversity in local government, not less.  Unfortunately, we know that this code has made it much harder for women, people with caring responsibilities, and those with disabilities to actively participate in the decision-making process.   

“Of course we support enhanced transparency in local government, but it must not come at the expense of diverse representation and participation. The Minister needs to go back to the drawing board to strike a better balance.”

Dr Cohn said The Greens gave notice of and debated this disallowance in November 2025 and met with the Minister for Local Government in February.

“We were reassured that the code would be reviewed, and the problems fixed,” Dr Cohn said. “The best way forward would have been for these important issues to be addressed promptly, to minimise uncertainty for councils.” 

“Six months is more than enough time to have consulted on and implemented an amendment to the code. We have tried to work with the Government and in good faith but we’ve been met with hollow commitments.”  

Councils have welcomed the disallowance, expressing frustration at the NSW Government’s lack of consultation and action. 

Mayor of Byron Shire Sarah Ndiaye said the failed meeting code of practice is not a ‘Liberal, Labour, Independent or Greens issue’.

“While the reforms may have been well intentioned, they have caused chaos for the local government sector and make it incredibly difficult for people to do their already difficult jobs,” Ms Ndiaye said. “It’s about Councils across the state being able to do their job.” 

Mayor of Tweed Shire Council Chris Cherry said councils across NSW have been campaigning to make the code less discriminatory, by allowing councillors to attend meetings remotely.

“As Chair of the Northern Rivers Joint Organisation, I have been advocating directly to the Minister to amend the code to allow participation in this way and in doing so, acknowledge that the role of a councillor is usually only paid as a part-time job and most councillors are juggling many other commitments with work and family at the same time,” Ms Cherry said.

“We have been waiting for a long time to try to get changes made to make the Local Government Code of Meeting Practice more workable. I hope that if we can go back to the drawing board, we can get much better consultation from the Minister the next time around.”

2021 Model Code of Meeting Practice for local councils in NSW: Public Forums

Available online in full here

Residents have also welcomed the disallowance and want the Public Forum to be restored to immediately prior to council meetings. They want to be in the same room at the same time Items are voted on. However the 2021 Code still allows distance and time between the two.

Extracts [pages 14-16]:

The council may hold a public forum prior to each ordinary meeting of the council for the purpose of hearing oral submissions from members of the public on items of business to be considered at the meeting. Public forums may also be held prior to extraordinary council meetings and meetings of committees of the council. 

To speak at a public forum, a person must first make an application to the council in the approved form. Applications to speak at the public forum must be received by [date and time to be specified by the council] before the date on which the public forum is to be held, and must identify the item of business on the agenda of the council meeting the person wishes to speak on, and whether they wish to speak ‘for’ or ‘against’ the item.

A person may apply to speak on no more than [number to be specified by the council] items of business on the agenda of the council meeting. 

Legal representatives acting on behalf of others are not to be permitted to speak at a public forum unless they identify their status as a legal representative when applying to speak at the public forum. 

The general manager or their delegate may refuse an application to speak at a public forum. The general manager or their delegate must give reasons in writing for a decision to refuse an application. 

No more than [number to be specified by the council] speakers are to be permitted to speak ‘for’ or ‘against’ each item of business on the agenda for the council meeting. 

If more than the permitted number of speakers apply to speak ‘for’ or ‘against’ any item of business, the general manager or their delegate may request the speakers to nominate from among themselves the persons who are to address the council on the item of business. If the speakers are not able to agree on whom to nominate to address the council, the general manager or their delegate is to determine who will address the council at the public forum. 

If more than the permitted number of speakers apply to speak ‘for’ or ‘against’ any item of business, the general manager or their delegate may, in consultation with the mayor or the mayor’s nominated chairperson, increase the number of speakers permitted to speak on an item of business, where they are satisfied that it is necessary to do so to allow the council to hear a fuller range of views on the relevant item of business.

Approved speakers at the public forum are to register with the council any written, visual or audio material to be presented in support of their address to the council at the public forum, and to identify any equipment needs no more than [number to be specified by the council] days before the public forum. The general manager or their delegate may refuse to allow such material to be presented.

The general manager or their delegate is to determine the order of speakers at the public forum.

Each speaker will be allowed [number to be specified by the council] minutes to address the council. This time is to be strictly enforced by the chairperson. 

Note: Public forums should not be held as part of a council or committee meeting. Council or committee meetings should be reserved for decision-making by the council or committee of council. Where a public forum is held as part of a council or committee meeting, it must be conducted in accordance with the other requirements of this code relating to the conduct of council and committee meetings. 

______________________

Transcript of the disallowance motion debate: 5 November 2025 Part 1 and Part 2

26 May 2026 Resumed debate and vote

Pittwater Residents group Protect Pittwater, which is working to restore Pittwater Council, outside the February 2026 NBC meeting against the silencing of community voices and the sale of a Pittwater Council asset bought by the ratepayers of Pittwater, some wondering if they may be breaking the law by doing so. Photo supplied