Enhancing local government meetings – 2025 Model Code of Meeting Practice

On any weekday evening somewhere in NSW, a council meeting is likely taking place. The effective conduct of these meetings is critical to ensure representative decision-making and to maintain public confidence in the integrity and competence of local government.

The NSW Office of Local Government has recently released a new Model Code of Meeting Practice (New Model Code).[1] A key focus of the New Model Code is to promote transparency and orderliness in council meetings across NSW. Minister Hoenig has underscored the importance of councillors meeting in public as part of council decision-making processes.[2]

Recap on the role of the Model Code

Each council is obliged to adopt a code of meeting practice to guide the conduct of council meetings within 12 months of the ordinary election of councillors, as mandated under s 360 of the Local Government Act 1993 (NSW) (the Act). This code of meeting practice must include the mandatory provisions of any model code prescribed under the regulations.  Councils are encouraged to adopt non-mandatory provisions as necessary, along with other provisions consistent with the mandatory provisions of the model code, to reflect their specific circumstances. Most of the provisions of the New Model Code are mandatory, with only a few sections being non-mandatory.

The current model code was gazetted in October 2021(Existing Model Code) for the purpose of s 232 of the Local Government (General) Regulation 2021 (NSW) (the Regulations) and will be replaced by the New Model Code once the Regulations are updated. Councils will have until 31 December 2025 to align their code of meeting practice with the mandatory provisions of the New Model Code.

The New Model Code also applies to meetings of joint organisations and county councils, with corresponding adjustments for those forums, as the Existing Model Code does. For simplicity, we will use the term ‘council’ here, while acknowledging that other local government bodies are also covered.

The Office of Local Government has published FAQs, which identify the key changes from the Existing Model Code,[3] and we will focus on some of the key themes here.

Promoting transparency in decision-making

A key objective of the amendments is to promote public transparency in the decision-making processes of councillors, enhancing accountability to the community.

The ability of the general manager to hold a pre-meeting with councillors to brief them on the business of the council meeting - which was not a mandatory provision in the Existing Model Code - has been removed.[4] In its place, the New Model Code introduces a mandatory prohibition of this practice,[5] addressing a perception that decisions may be made by councillors before the meeting rather than during it. Councillors may still request information from the general manager about upcoming meeting agenda items, provided that this information is made available to the public and does not constitute a discussion with the general manager of the details of that agenda item.[6]

The Existing Model Code non-mandatory provision allowing councils to hold public forums prior to ordinary meetings of council has been made mandatory in the New Model Code, and now extends to extraordinary meetings and committee meetings.[7] The previous rules setting out how forums should be conducted have been removed,[8] giving councils greater discretion in determining their own rules for these forums.[9]

When council meetings need to be closed to the public, the New Model Code confirms that the general manager must publish the business papers for items to be considered during those closed meetings of as soon as practicable after information ceases to be confidential, having first consulted with the council and affected persons.[10] 

Enhancing the orderliness and effectiveness of meetings

The New Model Code introduces several changes aimed at improving the orderliness and effectiveness of council meetings, including:

• authorising the mayor to convene an extraordinary meeting, without requiring the signatures of two other councillors[11]
• making mandatory the provisions to enable meetings to be held by AV link, with a focus on livestreaming proceedings while also limiting the circumstances under which councillors can request remote attendance,[12] and removing this option for council staff[13]
• further regulating how councils to deal with emergency matters where prior notice has not been provided,[14] and
• strengthening mechanisms to address disorderly conduct during meetings, including an expanded definition of ‘disorderly conduct’[15] and clearly defining the powers of the chair of the meeting to expel councillors, staff, or members of the public from the meeting.[16]

Planning decisions

The process of making of planning decisions by councils is an area of significant corruption risk, as identified by the Independent Commission Against Corruption (ICAC). A meeting of council or of a committee is now prohibited from making final planning decisions without first receiving a staff report which includes an assessment and recommendation on the matter.  If the council or committee chooses not to follow the staff recommendation, they must provide reasons for that decision. [17]

Supporting the neutrality of the general manager

The council general manager has an important role in both the executive management of the council and as a bridge to the elected councillors. The New Model Code has removed several non-mandatory provisions from the Existing Model Code that previously empowered or required the general manager to intervene in the work of councillors, helping to separate the general manager from the political process, notably including:

• the power of the general manager to provide a report on legal, strategic, financial or policy implications of a notice of motion proposed by a councillor,[18] and
• the obligation of the general manager to prepare a report on the availability of funds to implement a motion which is not accounted for in the current council operational plan.[19]

Time to act to ensure code of meeting practice is compliant

The introduction of the New Model Code will require procedural changes in how councils, joint organisations and county councils conduct meetings. This change also provides an opportunity for councils to step back and consider more holistically how to improve the integrity and impact of meetings, aiming for better practice, noting that councils can go beyond the mandatory provisions of the New Model Code in tailoring their codes to their specific circumstances.

Many Councils may have already been reviewing their codes of meeting practice following the elections late last year; however, all councils must act quickly to complete their review work in light of the New Model Code. A new code of meeting practice must be exhibited for public comment for at least 42 days, and councils will need time to deliberate on proposed changes, so there is limited time to complete this process prior to the deadline of 31 December.

How we can support you

The New Model Code marks the beginning of a broader reform agenda flagged by the Office of Local Government, with further reforms expected to focus on councillor conduct.[20]  

We are proud to advise councils across NSW on a wide range of matters, including council governance.  Our advice is informed by deep sector experience and insights drawn from our work with NSW and Commonwealth agencies, universities and other public bodies on governance and public law issues.

If you are considering a review of your code of meeting practice or broader governance frameworks, we'd be pleased to assist.  We'll continue to share updates as more information is released.

[1] Council Circular 25-20 2025 Model Meeting Code (Office of Local Government: August 2025) [Link].

[2] Ministerial Media Release-New era of transparency for council meetings (Minister for Local Government: August 2025) [Link].

[3] 2025 Model Meeting Code – FAQ (Department of Planning, Housing and Infrastructure: August 2025) [Link].

[4] Clauses 3.33-3.38 of the Existing Model Code.

[5] Clause 3.31 of the New Model Code.

[6] Clause 3.32 of the New Model Code.

[7] Clause 4.1 of the New Model Code.

[8] Clauses 4.2 to 4.20 of the Existing Model Code.

[9] Clause 4.2 of the New Model Code.

[10] Clauses 14.19 and 14.20 of the New Model Code.

[11] Clause 3.3 of the New Model Code.

[12] Clause 5.19 of the New Model Code.

[13] Clause 5.44 of the Existing Model Code.

[14] Clauses 9.3 – 9.5 of the New Model Code.

[15] Clause 15.10, 15.12 and 15.13 of the New Model Code.

[16] Clauses 15.15 to 15.17 and 15.20 to 15.21 of the New Model Code.

[17] Clauses 11.12 and 11.13 of the New Model Code.

[18] Clause 3.12 of the Existing Model Code.

[19] Clauses 3.13, 9.10 and 10.9 of the Existing Model Code.

[20] Council Circular No 24-23 Consultation on reforms to council meeting practices (Office of Local Government: December 2024) [Link].