New Model Code of Meeting Practice for Councils Released: Commences from January 1 2026
A new Model Code of Meeting Practice for local councils, released Friday, and will come into effect in councils from 1 January 2026.
The Government states changes to the Model Meeting Code are part of the broader set of reforms it is progressing to improve confidence, trust and transparency across NSW councils.
The Government states changes to the code have simplified the way meetings are conducted, ensure disorder is dealt with more effectively, that councillors make decisions in full view of the communities they represent, and dignity is returned to council chambers.
All councils will need to adopt a code of meeting practice that contains the mandatory provisions of the updated Model Meeting Code by 31 December 2025.
Key changes to the Model Code of Meeting Practice include:
- Preventing councils from holding private councillor briefing sessions to discuss matters that should be considered in the public domain at committee and council meetings (unless they are confidential)
- Encouraging councils to hold public forums preferably before committee meetings, or if they choose council meetings, to enable community engagement in local matters
- Expanding the powers of the mayor to remove councillors from meetings for acts of disorder
- Expanding the powers of the mayor to remove members of the public if they disrupt council meetings
- Requiring information considered at closed meetings to be made public after it ceases to be confidential
- Requiring councils to give reasons when making decisions on planning matters that depart from staff recommendations (as recommended by ICAC)
- Promoting neutrality in the role of the general manager
- Requiring council and committee meetings to be live streamed to give the community and media access to council decision making, and to require those videos to be public for at least the rest of the council term, or 12 months in the case of a meeting in an election year
The 'Requiring councils to give reasons when making decisions on planning matters that depart from staff recommendations (as recommended by ICAC)' seems superfluous given councillors may no longer make decisions on DA's as this was changed under the previous government - requiring all councils to institute 'independent planning panels' to assess Development Applications community members had raised issues about, but only after a certain amount of objections had been received during an exhibition period.
Any others are being assessed by council staff, with separate specialised staff members assessing each aspect of an application against the standards and laws in place for each applicable part of a proposed build.
ICAC's Recommendation 5 states in full:
''That the DPE amends the Model Code of Meeting Practice for Local Councils in NSW to require a council’s governing body to provide reasons for approving or rejecting development applications, planning proposals and planning agreements where decisions depart from the recommendations of staff. These reasons should refer to the relevant merits criteria and explain why the decision is more meritorious than the recommended outcome.
The change also presents a double-edged sword whereby council staff members then become those targeted by people seeking to advance their agenda and the prospect that other meetings, behind closed doors, shape and form what councillors must explain when 'departing from staff recommendations'. Pre-lodgement meetings for DA's already take place between proponents and council members, specifically to gain advice on how to advance their proposal.
Public consultation has increasingly become viewed as a procedural hurdle rather than a genuine opportunity for input. If a cashed-up proponent doesn't like it - then it's off to the Land and Environment court we all go, creating tension between developers, councils, and residents as they witness their communities, environments and culture being destroyed for big profits funnelled to the few.
The changes to the Meeting Code are part of a broader suite of reforms by the Minns Labor Government to improve conduct and accountability and rebuild public trust in councils.
A new Code of Conduct for councillors is being finalised as well as associated legislative changes, which will see significant changes to how misconduct is dealt with in local government.
NSW Minister for Local Government, the Hon. Ron Hoenig said on Friday:
“The council chamber should be a place of dignity, where debate and decision making takes place in full view of the community.
“Making decisions on behalf of communities is the very role of a councillor, and all councillors should never lose sight of this core responsibility.
“These changes should ensure that, in a council chamber or committee meeting, mechanisms are in place to prevent the derailing of meetings and overshadowing the important work of local government.
“Council and committee meetings must be effective, transparent and genuine, and strive for outcomes to benefit the community.
“Under the new code, mayors should be given the power to take immediate action against disorderly councillors. This should lessen the need for councils to resort to the broken code of conduct process and instead address misbehaviour immediately in the council chamber.
“I know not everyone will agree with these changes, but most people in this state would agree action is necessary to improve transparency, increase community confidence and faith in local government.
“They will make councillors more visibly in control of their councils to ensure they – as democratically elected representatives of their communities – drive the vision for their local area.”
The new Model Code of Meeting Practice is available here: www.olg.nsw.gov.au/councils/governance/model-code-of-meeting-practice/model-code-of-meeting-practice-for-local-councils-in-nsw
The Government states extensive consultation was undertaken on the proposed changes, and all submissions received have been published here: www.olg.nsw.gov.au/councils/governance/model-code-of-meeting-practice/reforms-to-the-model-code-of-meeting-practice
Feedback was invited in February 2025.