NSW Legislative Council disallows council meeting reform regulation

On 22 September 2026, the NSW Legislative Council disallowed the Local Government (General) Amendment (Meetings) Regulation 2026 (Amendment Regulation). The Amendment Regulation was an interim measure introduced after the Local Government (General) Amendment (Model Code of Meeting Practice) Regulation 2025 (2025 Regulation), which prescribed the 2025 Model Code of Meeting Practice (2025 Model Code), was disallowed in May 2026. In this article, we consider the second disallowance, its implications and what councils should do now in response.

Recap on the 2025 Model Code disallowance

As discussed in our earlier article, the 2025 Model Code was introduced in August 2025 to strengthen the role of elected councils in regulating their proceedings, modernise procedure and improve transparency.

However, as discussed in our July article, the 2025 Regulation was disallowed by the Legislative Council on 25 May 2026, with three key objections raised:

• limitations on the ability of councillors to attend council and Committee meetings by video link
• limitations on the engagement between councillors and the public in council and Committee meetings to public forums, and
• prohibitions on staff providing private briefings to councillors ahead of council and committee meetings.

2026 Amendment Regulation

In response to the disallowance of the 2025 Regulation, the NSW Government introduced the Amendment Regulation on 26 June 2026, which had a limited focus on:

• measures to address disorderly conduct of councillors
• a modified prohibition on councillors attending private briefings with council staff about matters which are, or will be, listed on a meeting agenda – importantly this prohibition would not apply to the Mayor (or chair of a meeting), and
• a requirement for councils to livestream proceedings and retain audiovisual recordings of council and committee meetings.

Attempted disallowance in Legislative Assembly

The Opposition unsuccessfully moved to disallow the Amendment Regulation in the Legislative Assembly on 15 September 2026, arguing it was substantially similar to the 2025 Regulation which was disallowed, particularly regarding pre-meeting briefings.

In opposing the call for disallowance, the Minister noted:[1]

• the Amendment Regulation was intended to operate as a corruption prevention mechanism and to promote public scrutiny of council meetings, consistent with the open meeting requirements in the Local Government Act 1993 (NSW) (LGA)
• councillors cannot deliberate on material they are given behind closed doors, and the public is entitled to see the material their elected representatives receive before making a decision, and
• a councillor has no statutory authority unless sitting collectively as a council or committee and so has no ability to withhold sensitive material from the press and the public unless the council or committee decides to do so.

Disallowance in Legislative Council

The following week, a motion to disallow the Amendment Regulation was passed by the Legislative Council. Debate focused on the prohibition on councillors receiving private briefings from council staff, with three main issues debated:[2]

• The need for private briefings – recognising that councillors are required to deal with complex matters and rely on briefings to question subject matter experts and understand the matters they will later debate and vote on in public. Further, while accountability and transparency should attach to councillors' responsibilities and decisions, private briefings remain valuable where councillors are seeking sensitive information that may not be appropriate to discuss in a public setting.
• The Mayoral exemption – the inequality of the Mayor receiving a briefing, which other councillors did not, particularly where the council was controlled by a particular voting bloc, which likely would mean councillors aligned with the Mayor may receive information while other councillors would not.
• Practical application of the prohibition – unintended consequences in the way the prohibition was applied, for instance, councillors being asked to leave meetings with community groups where a staff member was providing a briefing to the group.

Implications of the disallowance

The second disallowance means that the Amendment Regulation will cease to have effect and the interim provisions it inserted are no longer operative.

Following the first disallowance, the 2021 version of the Model Code resumed operation, and councils were advised by the Office of Local Government (OLG) to rescind resolutions adopting the 2025 Model Code. We expect OLG to issue further guidance to councils on how to the practical consequences of the second disallowance.

Councils that changed their briefing practices in response to the Amendment Regulation should consider whether those arrangements remain appropriate. Councils will also need to ensure that councillors and relevant staff understand the effect of the disallowance and adopt a consistent approach to briefing practices.

[1] Legislative Assembly Hansard - 15 September 2026 - Proof

[2] Legislative Council Hansard – 22 September 2026 – Proof