Implementation

What changes have started or are upcoming?

What regulations are being developed?

• residential crossovers approvals
• alfresco dining approvals
• CEO performance indicators
• online registers
• standardised meeting procedures
• council plans
• community engagement charter
• communications agreements.
  

Legislation amendments

The Local Government Amendment Act 2024 (the Act) became law on 6 December 2024. The second tranche of major reforms includes the introduction of the new Local Government Inspector, as well as specialised monitors to work proactively with local governments and resolve emerging issues before they escalate.

The following clauses of the Act have taken effect from 7 December 2024:

• Clause 3 — Clause that provides the Local Government Act 1995 is amended
• Clause 4(3) — Inserts definition of senior employee into terms used
• Clause 5 — Replaces the role of council with a new clarified role
• Clause 6 — Replaces the role of mayor or president with a new clarified role
• Clause 7 — Replaces the role of councillor with a new clarified role
• Clause 14(1) and 14(3) — Requires a local government CEO to notify the Director General where a position becomes vacant on the council
• Clause 15 — Requires a local government CEO to notify the Director General where a council elected mayor or president or deputy mayor or president vacates their council elected role
• Clause 18 — Increases the maximum potential penalty in a local law to $10,000
• Clause 19 — Amends the local law making process
• Clause 20 — Amends the local law review process, including the new 15-year review period
• Clause 21 — Inserts a penalty for the offence of failing to comply with a notice take action in relation to land
• Clause 22 — Inserts a penalty for the offence of leaving a gate open after exercising a right of entry
• Clause 23 — Updates a cross-reference to section 2.32 (how extraordinary vacancies occur in elected offices)
• Clause 24 — Clarifies that regional subsidiary activities do not need to be jointly undertaken
• Clause 25 — Clarifies that regional subsidiaries can operate on an unequal basis and Ministerial approval of a subsidiary may be conditional on amendments to the subsidiary’s charter
• Clause 26 — Applies the principles of employment under section 5.40 to a regional subsidiary
• Clause 28 — Clarifies that regulations may address matters relating to employment in a regional subsidiary
• Clause 29 — Deletes the definition of senior employee from section 3.73 as it has moved to section 1.4
• Clause 30 — Inserts definitions relating to elections
• Clause 31 — Provides for Governor’s orders to determine the method of election for local governments
• Clause 34 — Updates a cross-reference to section 2.32 (how extraordinary vacancies occur in elected offices)
• Clause 35 — Amends the offence relating to interference in postal votes
• Clause 37 — Clarifies that decisions of a council are deliberated on and decided at council meetings
• Clause 38 — Clarifies that committees of council may be established without delegated authority
• Clause 39 — Provides for committee presiding members and any deputy presiding member to be appointed by the council
• Clause 41 — Consequential amendment because of clause 39
• Clause 42 — Consequential amendment because of clause 43 and inserting a penalty for the offence of failure to vote
• Clause 43 — Amends responsibility for keeping minutes to the CEO
• Clause 50 — Replaces the role of CEO with a new clarified role
• Clause 58 — Clarifies that a council member’s right to access information does not include certain things 
• Clause 59(2) — Consequential amendments relating to local laws
• Clause 72(2) — Amends the potential penalty for failure to complete compulsory training 
• Clause 84 — Inserts a penalty for the offence of failing to give the name and address of a property owner
• Clause 89 — Makes a drafting amendment to replace ‘may’ with ‘must’ in section 7.4
• Clause 115(2) — Updates a cross-reference to section 2.32 (how extraordinary vacancies occur in elected offices)
• Clause 126 — Inserts a penalty for the offence of failing to return an identity card
• Clause 127 — Inserts a penalty for the offence of a person failing to give name or address to an authorised person
• Clause 128 — Inserts a penalty for the offences of obstructing an authorised person
• Clause 130 — Increases the general penalty in the Act to $10,000
• Clause 132 — Increases the potential maximum infringement to 20% of the maximum penalty
• Clause 135 — Removes the statute of limitations for certain offences under the Act
• Clause 138 — Increases the maximum potential penalty in a regulation to $10,000 
• Clause 141 — Inserts a penalty for the offence of failing to notify a local government of the disposal of land
• Clause 144 — Provides for regulations to address how certain functions in relation to a development assessment panel are to be carried out
• Clause 152 — Inserts a penalty for the of contempt of the Local Government Advisory Board
• Clause 153 — Updates cross-references to section 2.32 (how extraordinary vacancies occur in elected offices)
• Clause 154 — Updates a cross-reference to section 2.32 (how extraordinary vacancies occur in elected offices)
• Clause 159 — Inserts transitional provisions for the Local Government Amendment Act 2024
• Clause 160 — Makes language in the Act gender neutral
• Clause 161 — Amends various penalties throughout the Act
• Part 3, Division 3 — Updates cross-references to section 3.12 in the Health (Miscellaneous Provisions) Act 1911
• Part 3, Division 5 — Amends certain commencement provisions in the Local Government Amendment Act 2023
• Part 3, Division 6 — Deletes an uncommenced provision of the Local Government Legislation Amendment Act 2019
• Part 3, Division 7 — Updates cross-references to section 3.12 in the Waste Avoidance and Resource Recovery Act 2007 and removes the requirement for the consent of the Director General of the Department of Water and Environmental Regulation to make a waste local law.

Read more about the Local Government Amendment Act 2024 . 

Long Service Leave Regulations

The Local Government (Long Service Leave) Regulations 2024 are new regulations that include various changes, including improvements to the operation of the local government long service leave portability scheme.

These Regulations were published on 17 April 2024.

Read more in the Local Government Long Service Leave Guideline.

Third set of 2023 Amendment Regulations

The Local Government Regulations Amendment Regulations (No. 3) 2023 introduce regulation amendments to provide for the implementation of reforms relating to broadcasting and recording of council meetings, owners and occupiers enrolments, and council professional development and training following the passage of the 2023 Amendment Act.

These Regulations were published on 18 October 2023.

Read more about the third set of 2023 Amendment Regulations.

Second set of 2023 Amendment Regulations

The Local Government Regulations Amendment Regulations (No. 2) 2023 introduce regulation amendments to provide for local government constitutional and electoral reforms following the passage of the 2023 Amendment Act.

These Regulations were gazetted on 30 June 2023.

Read more about the second set of 2023 Amendment Regulations.

First set of 2023 Amendment Regulations

The Local Government Regulations Amendment Regulations 2023 are the final tranche of amendments to implement the model financial statements.

These Regulations were gazetted on 30 June 2023.

Read more about the first set of 2023 Amendment Regulations.

2023 Amendment Act

The Local Government Amendment Act 2023 was the first tranche of the major reforms to the Act and includes various electoral and non-electoral reforms.

The 2023 Amendment Bill was passed on 11 May 2023 and assented to 18 May 2023.

Functions and General Amendment Regulations

The Local Government (Functions and General) Amendment Regulations 2023 were changes to ensure the retention of medical and dental services by providing for tender exemption for varying and extending contracts for regional medical services.

These Regulations were gazetted on 19 May 2023.

Read more about the Functions and General Amendment Regulations.