Code of Conduct

Code of Conduct Panel

1.Overview

Section 119 of the NT Local Government Act 2019 (the Act) stipulates that the Prescribed Corporation (LGANT) must establish a Local Government Code of Conduct Panel to address complaints of alleged contraventions of the Code of Conduct by Elected Council members. 

2. The Code of Conduct

Schedule 1 of the Act outlines the Code of Conduct principles that Elected Members must adhere to and sets out the roles, responsibilities and processes for the Local Government Code of Conduct Panel (LG CoCP).

3. Principles

The Code of Conduct Principles include:

4. Code of Conduct Complaint 

The Code of Conduct reinforces public confidence and maintains the standards expected of a public officeholder.

Ideally, all Code of Conduct matters should be dealt with in the first instance at the originating council. Resolution at the local level is best practice due to the immediacy of the action and the potential for agreed protocols and actions moving forward amongst council members. Front-line resolution also demonstrates the maturity of a council and its members, as well as protecting the integrity and reputation of the elected members, wider council and overall local government sector.

The LG CoCP should only be used for more serious complaints, which can take some time to consider and determine, and final decisions may take some months.

The process to make a Code of Conduct complaint includes:

• the complainant (the aggrieved person) must lodge a complaint with the council CEO using the approved form, stating the name of the respondent (against whom the complaint is made) and a statutory declaration regarding the nature of the allegations; 
• Within five (5) days of receiving the complaint, the respondent must be given written notice and a copy of the complaint by the council CEO;
• The respondent may provide a statutory declaration in response to the complaint within 14 days of receiving the notice to the council CEO.

5. Complaint Referral 

After receiving the complaint from the CEO, the Council must:

• Determine the complaint internally through a Council Panel (3 members of the council); or
• Refer the complaint to a third party for advice before determining the complaint; or
• Refer the complaint to the LG CoCP comprising two Elected Members (from a pool of council panel members) and a representative of the Department of Chief Minister and Cabinet.

Resolving the dispute between Elected Members internally in confidential meetings (including on advice) is the preferred option as it is expedient, cost-effective and limits the number of people involved in the matter.

6. Complaint Referral to the LG CoCP

A complaint can be referred to the LG CoCP by:

• The complainant (if an elected member) or the respondent before a determination by a council; or
• After a determination by a council and the complainant or respondent is dissatisfied with the outcome within 28 days of receiving the council’s decision notice; or 
• The council fails to issue a decision notice within 90 days of the CEO receiving the complaint.

The LG COCP may summarily reject the submission and provide a written decision notice if the complaint:

• would be more appropriate for a criminal criminal charge; or
• Is frivolous, vexatious or lacking in substance.

The LG CoCP must within 90 days:

• Hold proceedings through a public process, unless this is not in the public interest;
• Allow parties the opportunity to make representations regarding the complaint; 
• Obtain evidence in any way necessary (not bound by the rules of evidence), although the rules of natural justice do apply; and
• Give the impacted parties a decision notice.

The LG CoCP should only be used for more serious complaints, which can take some time to consider and determine, and final decisions may take some months.

7. Penalties

Penalties that can be imposed by a LG CoCP must be appropriate to the breach and can include:

• taking no action;
• issuing a reprimand;
• recommend that a person attend specific training, mediation or counselling; or
• other recommendations, which could include an apology.

If the LG CoCP does not give a decision, the complaint can be referred to the NT Civil Administrative Tribunal (NTCAT)

8. Withdrawal of a Complaint from the CoCP

The complainant may withdraw a complaint at any time (in writing), before the LG CoCP has given a decision to the impacted parties, after which deliberations will cease.

9. Lodgement Fee

An initial lodgement fee of $500.00 is payable by councils for submission of a complaint to the Panel which must be paid on receipt of complaint.

10. Service Contribution Fees

The Service contribution fees apply to all referrals and are designed:

• to discourage the use of the LG CoCP as a ‘dumping ground’ for unnecessary code of conduct complaints; and
• act as an incentive to encourage elected member participation.

11. Service Contribution Rates

A daily sitting allowance is payable to members of a sitting LG CoCP in accordance with the extra meeting allowance as stipulated in Part 7.1 of the Local Government Act 2019 which sets out the allowances and expenses for Elected Members.  

The cost per day for a sitting panel member is $360.00 which is paid on a pro-rata basis.  

LG CoCP Secretariat administrative charges will also apply.