Disallowance of Model Code of Meeting Practice

In a somewhat unusual turn of events, the 2025 Model Code of Meeting Practice (2025 Model Code) for councils in NSW was recently disallowed by the NSW Legislative Council. This comes a short time after councils throughout NSW have amended their respective codes of meeting practice (Code) to conform to the 2025 Model Code. In this article, we consider the reasons for the disallowance, what councils need to do now in response, and what the longer-term implications may be.

Recap on the development of the 2025 Model Code

As discussed in our earlier article the 2025 Model Code was introduced to strengthen the role of an elected council in regulating its proceedings, to modernise procedure and improve transparency. The 2025 Model Code was issued on 29 August 2025 and prescribed by the Local Government (General) Amendment (Model Code of Meeting Practice) Regulation 2025 NSW (Amending Regulation), which sought to amend the Local Government (General) Regulation 2021 (NSW) (Regulation), and was published on 5 September 2025. This came after a consultation process commencing in 2024. NSW councils had until 31 December 2025 to align their Codes to the mandatory terms introduced by the 2025 Model Code under s 360 of the Local Government Act 1993 (NSW) (the Act).

Disallowance of the 2025 Model Code

In NSW, statutory rules are subject to disallowance by motion of either house of Parliament.[1] A motion was introduced and debated in the Legislative Council to disallow the Amending Regulation on 25 November 2025, although it was adjourned to provide an opportunity for amendments to the 2025 Model Code to be proposed. The motion was passed by the Legislative Council on 25 May 2026.

Why was it disallowed?

Although the 2025 Model Code was developed through extensive consultation, three issues appear to have generated particular concern within the sector and prompted the disallowance motion:

• limiting the ability of councillors to attend council and Committee meetings by video link to situations of illness or unforeseen caring responsibilities
• limiting the engagement between councillors and the public in council and Committee meetings to public forums, which must be held prior to the relevant meeting, and
• prohibiting staff from providing private briefings to councillors ahead of council and Committee meetings.

The limitation on councillors joining meetings by video link was intended to ensure debate occurred in a full council chamber, recognising the importance of the forum. However concerns have been raised about unintended impacts, particularly on rural councillors, noting that service on council is a part-time role, with many councillors employed, operating businesses or having caring responsibilities.

The prohibition on private briefings to councillors was intended to promote transparent decision-making by requiring information relevant to a decision to be presented and debated in public. However, concerns were raised about ‘workarounds’ used by some councils to continue the private briefing practice, such as labelling meetings as  ‘workshops‘ or timing briefings before meeting agendas were issued.  These practices suggest the intent of the reform was not being met.

What are the immediate implications?

The effect of the disallowance of the Amending Regulation is that the 2025 Model Code is no longer prescribed for the purpose of the Act and the previous 2021 version of the Code resumes operation. The Office of Local Government (OLG) has advised councils that they should rescind any resolutions adopting the 2025 Model Code.[2]

Interim solution

The NSW Government introduced the Local Government (General) Amendment (Meetings) Regulation 2026 (New Amending Regulation) on 26 June 2026.  It amends the Regulation to preserve several key policy objectives of the 2025 reforms, noting the prohibition on making a substantially similar regulation within four months of the disallowance of a regulation.[3] 

The provisions of the New Amending Regulation will automatically apply and prevail over any inconsistent terms in a Code under new s 232A of the Regulation, avoiding the need for councils to go through the process of adopting a new Code before a new Model Code is issued.

The key changes for councils are set out below, with some additional changes for county councils and joint organisations also included in the New Amending Regulation.

Prohibition on staff briefings before meetings

The New Amending Regulation reinstates the prohibition on council staff providing a private briefing to councillors before a council or Committee meeting,[4] but differs from 2025 Model Code in several ways:

• The prohibition on attending a ‘briefing’ in the 2025 Model Code has been replaced with the more general prohibition on ‘attend or participate in a meeting’ to address the abovementioned practice of applying specific labels to meetings in an attempt to comply with the letter of the 2025 Model Code.
• The subject of the prohibition in the 2025 Model Code being to ‘business listed on the agenda’ has been replaced with the more general ‘matter is or will be listed on the agenda’  to address the abovementioned practice of holding meetings prior to the agenda being issued  in an attempt to comply with the letter of the 2025 Model Code.
• There is an exclusion from the prohibition for the Mayor or Chairperson of a council meeting.

Expulsion power

The New Amending Regulation inserts s 232B into the Regulation, which preserves the requirement for council to confirm whether the person presiding at a meeting of council or a Committee can exercise the power of expulsion under the Act.[5]

The New Amending Regulation replaces ss 233(2) and (3) of the Regulation to preserve the expulsion of a councillor or member of the public for disorder under s 10(2) of the Act.[6]  

Requirements for online meetings

The New Amending Regulation amends s 236 to preserve the requirement that an audio visual (not just audio) recording of a council meeting or committee meeting must be made and retained for the longer of 12 months or the end of council’s term.[7]

Longer-term implications

Looking ahead, a new Model Code is likely to be issued once the restriction period has expired. In view of the disallowance motion, there may be some change to the approach to remote attendance at meetings and pre-meeting briefings and to accommodate the amendments introduced in the New Amending Regulation. At that point, councils will need to undertake the process of adopting a new Code, including undertaking the necessary public consultation process.

What do councils need to do now?  

The New Amending Regulation is now in force and its provisions will automatically prevail over any inconsistent provisions in a Code. Councils should consider OLG’s guidance regarding the rescission of resolutions adopting the Code to align with the 2025 Model Code. Councils should review their meeting practices, procedures and governance arrangements to ensure operational compliance with the requirements. Councils will also need to ensure councillors are briefed on the updated position.

We can assist you in reviewing your Code and broader governance frameworks, and can also provide training to councillors on the implications of the amendments. We will continue to monitor developments in this area and provide updates as new information is released.

The author gratefully acknowledges the assist

[1] Section 41 of the Interpretation Act 1987 (NSW).

[2] NSW Office of Local Government, Council Circular 26-09 – The Local Government (General) Amendment (Meetings) Regulation 2026, 25 June 2026.

[3] Subordinate Legislation Act 1989 (NSW) s 8.

[4] See clauses 3.31-3.32 of the 2025 Model Code.

[5] See clause 5.35 of the 2025 Model Code.

[6] See clauses 15.11 – 13 and 15.20-21 of the 2025 Model Code.

[7] See clauses 5.36 and 5.39 of the 2025 Model Code.