Memorandum by the Chief Executive Officer
To Council:
On 15 December 2025 the Council resolved to adopt
the 2025 City of Sydney Code of Meeting Practice, in accordance with the
requirements of the Local Government (General) Amendment (Model Code of Meeting
Practice) Regulation 2025 (Amendment Regulation) and the mandatory requirements
of the 2025 Model Code of Meeting Practice for Local Councils in NSW (2025
Model Meeting Code).
On 26 May 2026, the Amendment Regulation
which prescribed the 2025 Model Meeting Code and various other matters was
disallowed by the NSW Legislative Council. This means that the 2025 Model Code
is now repealed. Under the current requirements of the Local Government
(General) Regulation 2021, all councils are now required to have a Code of
Meeting Practice which complies with the provisions of the 2021 Model Meeting
Code.
On 28 May 2026, the Office of Local
Government (OLG) issued urgent advice to councils on the implications of the
disallowance and the recommended actions and next steps.
The OLG advice provided that the disallowance
of the Amendment Regulation means that the 2025 Model Meeting Code is no longer
prescribed for the purposes of section 360 of the Local Government Act 1993 (LG
Act) and the previous 2021 version of the Model Meeting Code now becomes the
prescribed version.
The advice provided by the OLG was that
councils should rescind the resolutions adopting their recently made Codes of
Meeting Practice and that this would have the effect of reviving the previous
version. Accordingly, this memorandum proposes that Council rescind the 2025
City of Sydney Code of Meeting Practice (adopted by Council on 15 December
2025) and revert to the 2024 City of Sydney Code of Meeting Practice (adopted
by Council on 16 December 2024, based on the 2021 Model Code).
Practical implications/changes for June 2026
Given the recommendation to revert to the
2024 City of Sydney Code of Meeting Practice, it is proposed that commencing
with the June 2026 cycle of meetings, Council and Committee meetings follow the
previous operating procedure followed by the City of Sydney for many years
(prior to the implementation of the 2025 Model Code).
This will also ensure that the June 2026
meetings of Council are undertaken in a way that is consistent, orderly and
efficient; fair and respectful for all councillors and other meeting
participants; and conducted with transparency and clearly defined rights and
obligations for councillors.
Practically this will mean:
·
Council briefings could take place prior to
Committee and Council meetings.
·
Members of the public will address Council
Committees at the relevant agenda item (not at a separate public forum prior to
the meeting).
·
The public forum will not take place (given that
members of the public will address the Committee meeting as applicable) and
Council Committees will therefore commence at 2pm.
Given the removal of public forums, it is
recommended that the functions of Council Committees be revised to a 2pm
commencement time. It is also noted that following these changes to how members
of the community can speak to Council (reverting back to the previous operating
procedure), public notification and communications will be updated to reflect
this.
Next steps for the NSW Government
The OLG have advised that they have been
examining feedback received on the 2025 Model Meeting Code and that work on an
updated code will be completed shortly. Formal advice on a new code will be
shared by OLG when the drafting is complete.
It is noted that Council will be required to
adopt a new code of meeting practice that incorporates the mandatory provisions
of the model code after it is made by the OLG (following a public exhibition
period).
MONICA BARONE
PSM
Chief Executive Officer
Moved by the Chair (the Lord Mayor), seconded
by Councillor Miller –
It is resolved that:
(A)
in
accordance with the advice received from the Office of Local Government as shown
at Attachment A to the subject memorandum, and following the disallowance of
the Local Government (General) Amendment (Model Code of Meeting Practice)
Regulation 2025, the Resolution of Council in relation to Item 6.5 - Post
Exhibition - Code of Meeting Practice passed at the meeting of Council on
Monday 15 December 2025 be rescinded;
(B)
Council
note that, in accordance with the Office of Local Government advice at
Attachment A to the subject memorandum, this will reinstate the 2024 City of
Sydney Code of Meeting Practice (unanimously adopted by Council on 16 December
2024, based on the 2021 Model Code) as shown at Attachment B to the subject
memorandum;
(C)
Council
fix the order of business of meetings of council as the following:
(i)
opening
of the meeting;
(ii)
acknowledgement
of country;
(iii)
prayer
at the discretion of the Chair;
(iv)
apologies
and applications for a leave of absence by councillors;
(v)
confirmation
of minutes;
(vi)
statement
of ethical obligations and disclosures of interest;
(vii)
minutes
by the Lord Mayor;
(viii)
memoranda
by the Chief Executive Officer;
(ix)
matters
for tabling;
(x)
reports
of committees;
(xi)
reports
to council;
(xii)
questions
on notice;
(xiii)
supplementary
answers to previous questions;
(xiv)
notices
of motion; and
(xv)
conclusion
of the meeting;
(D)
Council
endorse and adopt the revised Functions, Delegations, Policies and Procedures
of Council Committees, as shown at Attachment C to the subject memorandum; and
(E)
Council
note that the Office of Local Government has advised that an updated model code
is in advanced drafting and will be completed shortly. When the new model code
is released, Council will be required to adopt a new code of meeting practice
that incorporates the mandatory provisions of the model code in accordance with
the process set out in the Local Government Act 1993.
Carried
unanimously.
S051923