Legislative update: Councillor conduct
20 October 2025| 
Leigh is experienced in environmental law and policy. She has over 20 years experience in roles such as corporate inhouse counsel, and in government and NGO roles. She also has experience in planning and environment law and most recently has worked in mining and native roles.
Catherine is qualified as both solicitor and architect and has had a range of experience in both professions. She has been employed as a planning law solicitor since 2005 and provides clients with an in-depth perspective on the nexus between planning law and architectural design.
On 14 October 2025, the Minister for Western New South Wales (Tara Moriarty) introduced the Local Government and Other Legislation Amendment (Councillor Conduct) Bill 2025. We will be keeping an eye on the Bill as it progresses through Parliament, noting that it has passed its second reading in the Legislative Council.
Key points
- The Bill's goals are to transfer the supervision of Councillor conduct from the NSW Civil and Administrative Tribunal (NCAT) to the Land and Environment Court (LEC) and authorise the LEC to make orders to discipline Councillors in public interest proceedings.
- The Bill proposes to amend the Local Government Act 1993 to include a new Part 4 Public Interest Proceedings Against Councillors, (new clauses 733A-733J), which will allow a ‘relevant person’ to commence proceedings under this Part for breaching the law, or the Council’s code.
- ‘Relevant person’ is defined to include only a Minister, very senior State government officials, the DPP and ICAC (and any other person granted leave by the Court).
- A relevant person must apply to the LEC if they wish to obtain an order to suspend the Councillor from office until determination of the proceedings.
- If criminal proceedings are brought against a Councillor for conduct that is substantially the same as the conduct the subject of the public interest proceedings, the LEC proceedings are stayed.
- The Bill will amend the Land and Environment Court Act 1979 to create a new class of proceedings, Class 9, for public interest proceedings against Councillors.
If you have any questions about the Bill or other questions relating to Council procedures, please do not hesitate to contact one of the authors, who will be happy to assist you.
