Local Government - Councillor Code of Conduct
The Local Government Act 1993 (the Act), provides a local government code of conduct framework for Tasmanian councillors. This framework provides a consistent, effective and enforceable means to address councillor misconduct. The code of conduct is issued by the Minister for Local Government and applies to all Tasmanian councillors.
The code of conduct is enforced by an independent Panel which investigates and determines complaints involving alleged breaches of the Code and empowered to issue sanctions against councillors found in breach. Before proceeding to investigation, code of conduct complaints are subject to an initial assessment by a member of the Code of Conduct Panel who is an Australian Lawyer to determine whether they warrant further investigation.
The Office of Local Government has also developed, with the Local Government Association of Tasmania, councils, and legal consultants, a set of Model Guidelines for elected members which provide a clear framework for councils to identify and address poor conduct. The Model Guidelines can be downloaded here.
More information on the Local Government Code of Conduct for Tasmanian councillors can be found on the Office of Local Government website here.
Dispute Resolution Process
Councillors represent the views of the community, so at times they may hold and express views that differ from, or even oppose, those of their fellow Councillors or the community. The democratic process encourages active, respectful debate. However, this debate may become a conflict or dispute. Where this happens, the parties should use their best endeavours to resolve the issue or dispute in an informal and courteous manner.
Where the parties are unable to resolve the issue or dispute themselves, the dispute resolution process may be used.
Anyone may lodge a dispute under Council’s Dispute Resolution Policy. The Policy provides a clear and fair framework for raising and resolving disputes with Councillors that relate to an alleged breach of the Code of Conduct or any of Council’s Behaviour Policies.
A Code of Conduct complaint can only be lodged after the dispute resolution process has been applied, in line with the legislative framework and the Dispute Resolution Policy.
The dispute resolution process and timeframes are as follows:
· The Dispute Resolution Form, along with the fee, is to be lodged with the General Manager within two months of the alleged behaviour.
· Within 10 days of receiving a dispute, Council’s Dispute Resolution Officer will provide notice to the complainant.
· Within 15 days of receiving a dispute, Council’s Dispute Resolution Officer will provide notice to the respondent.
· Council will appoint an external Dispute Resolution Advisor to assess and undertake the dispute resolution process.
· The Dispute Resolution Advisor will bring the parties together to commence the dispute resolution process. The maximum timeframe for the dispute resolution process is 3 months. The timeframe can be extended on the Advisor’s recommendation and with the mutual agreement of the parties.
The Dispute Resolution Policy provides further details on lodging a dispute, the required fee, and the process that will be undertaken. For 2026/27, the fee is $49.00 (25 fee units). The fee may be waived where the applicant is experiencing financial hardship and can demonstrate to the satisfaction of the General Manager that they would find it difficult to pay the fee. The fee may also be refunded should the dispute resolution process not proceed.
Please refer to the Dispute Resolution Policy for full details, with relevant forms available to download in the Relevant Forms and Information section below.
Code of Conduct Process
Once a complainant has gone through the relevant council’s internal dispute resolution process and being dissatisfied with the outcome and having acted in good faith, the complainant may make a complaint under the Code of Conduct.
The complainant must demonstrate in their complaint form that they:
have made reasonable efforts under the council’s internal dispute resolution process; or
have made efforts to resolve the complaint; or
can explain why the internal dispute resolution process is not an appropriate process for resolving the issue.
A complainant must complete a local government code of conduct complaint form and lodge it with the General Manager of the relevant council within six months of the alleged contravention. The complaint must be accompanied by a signed statutory declaration verifying the accuracy of the information contained in within the complaint, and the prescribed lodgement fee.
The lodgement fee for the 2026/27 financial year is $98.00.
Relevant Forms and Information
Please find below the Local Government (Code of Conduct) Order 2024 which contains Schedule 1 (Code of Conduct), the template Local Government Complaint Form, requirements for completing a Statutory Declaration and an Information Sheet for Complainants.
Local Government (Code of Conduct) Order 2024 - Schedule 1, Code of Conduct
Dorset Council Dispute Resolution Form - June 2025
Local Government Councillor Code of Conduct Complaint Form (Word Document) - September 2024
Requirements for Completing a Statutory Declaration
Local Government Code of Conduct - Information for Complainants Information Sheet - September 2024
