Changes to NT Local Government laws
29 June 2026
The Northern Territory Department of Housing, Local Government and Community Development’s Delivery Plan 2026-2027 prioritises strengthening governance and aligning structures in order to support regional delivery. Recent amendments to the Local Government Act 2019 reflect these objectives by consolidating a range of matters which were previously left to be governed by various council by-laws.
Some of the key changes are outlined below.
Changes to delegations
A key component of the changes that were originally proposed and subject to public feedback was the restriction of a council’s ability to delegate its powers to a council committee. The concern was that council committees are not subject to the same procedural and accountability requirements as other delegates.
To date, the amendments passed only limited the delegation of a council’s power to enter into a contract. The recently introduced s 40(3A) states that this power may only be delegated to the CEO, and only if the value of the contract is below the threshold value determined by council resolution or the CEO tables a report in relation to the contract. The delegation may also permit the CEO to subdelegate the power to a council staff member.
Previously, the power to enter a contract could be delegated to any of the delegates listed in s 40(2), being the CEO, council committees, local authorities, or local government subsidiaries, provided the value of the contract was below the threshold value.
For many local governments, this will not change the status quo in a substantial way. The Alice Springs Town Council, for example, already delegates the power to enter certain contracts under the former s 40(3)(f) to the CEO. While the source of the ability to delegate the power has changed, and the persons to whom the power can be sub-delegated is now restricted to council staff members, the substance of the CEO’s responsibilities remains the same in this instance. A geographically large, decentralised local government area which relies on delegations other than to a CEO may find the transition more difficult. For a number of local governments, however, this amendment broadly codifies an existing practice.
Code of Conduct
The amended Local Government (General) Regulations 2021 include a new Code of Conduct for members at Schedule 1A. While the code itself remains relatively simple, the amended complaints process has been revised to improve accessibility to independent decision makers.
Pursuant to s 120 of the Local Government Act 2019, every member, defined as a member of an audit committee, council, council committee or local authority, must comply with the code of conduct prescribed in the Regulations.
Prior to the amendments, a CEO who received a complaint that a member of the council had contravened the code of conduct was required to refer the complaint to the council, who could then choose to decide the complaint themselves, refer the complaint to a council panel, or refer the complaint to a third party.
The complainant could request that the council refer the complaint to a third party, but there was no obligation on the council to accept such a request. If the complainant was a member of the council, the complainant could refer the complaint to a prescribed corporation before the council chose to decide or refer the complaint.
Under the amended regime, the process is similarly complex, but perhaps more transparent. A complaint of a member of a council breaching the code of conduct is made to the CEO, who will then refer the complaint to the council, or if it is more appropriate, to an independent assessor.
The amendments also distinguish between misconduct, serious misconduct, and gross misconduct. Section 126 establishes the role of the secretariat to the pool of independent assessors and the pool of members for a code of conduct panel, constituted by one or more public sector employees appointed by the Minister. The secretariat receives complaints, assigns independent assessors to investigate and assess complaints, assigns members of the pool to code of conduct panels, and assists independent assessors and code of conduct panels in the performance of their duties.
Under s 132B, a person may make a complaint to the secretariat if the complaint involves:
- serious or gross misconduct
- more than one member of council, or
- the principal or deputy principal member.
The secretariat will then refer the complaint to either an independent assessor or a code of conduct panel.
Councils whose Code of Conduct refers to the previous Code in Schedule 1 of the Local Government Act 2019 will likely need to review and update their policies to align with the new regulatory standard and complaints process.
Training requirements for Councillors
Previously, the CEO of a council was able to approve training courses for council members pertaining to their obligations and responsibilities. Council members were required to complete a training course within 12 months of each general election.
Following the amendments which commenced on 15 April 2026, the CEO must determine training requirements for council members. Council members must now complete the training requirements within six months of the CEO’s determination, or within six months of becoming a council member.
These changes were introduced in response to feedback from key stakeholder groups, including the Local Government Association Northern Territory, which highlighted a need for consistent and early training for councillors, at what was considered an opportune time, given the proposed amendments to the code of conduct.
Prior to the amendments, the content of the training courses which the CEO could approve was limited to the responsibilities of being a member of council under the Local Government Act 2019. Under the amended Act, the limitations have been removed and CEOs can tailor the training requirements to the needs of the council as well as the unique circumstances of their local government area.
Animal abuse offences
The Animal Protection and Related Legislation Amendment Act 2025 amended the Animal Protection Act 2018 (APA) commencing on 3 November 2025 and introduced new offences and harsher penalties for animal abuse.
Under the amended s 24 of the APA, committing an offence of animal cruelty will now attract a maximum penalty of $58,200 or three years’ imprisonment.
The amendments also introduced new offences relating to the care and keeping of animals, including offences for failing to provide water, shelter, or treatment, or abandoning an animal. The offences are strict liability offences, meaning the person in control of the animal is liable whether or not they intended to commit the offence.
Several councils have adopted bylaws which make it an offence to abandon an animal in the relevant municipality. Under the new s 23E of the APA, abandoning an animal in the NT is an offence carrying a maximum penalty of 50 penalty units, which totals $9,700 in the 26/27 financial year. As such, the changes will likely trigger reviews of local government animal management bylaws.
