Status: Commenced
Commencement: 7 December 2024
The role of councils is to lead and represent their communities. They do so by engaging with their community, making decisions and setting the local government's strategic direction. The administrative arm of the local government is then responsible for implementing decisions and plans made by the council.
The roles and functions for the council, mayors or presidents, councillors and CEO will be further defined. This will provide a clear delineation between the strategic functions of council and the CEO's operational responsibilities.
Role clarity is important when different roles are involved in achieving the same objectives. When people understand their roles, better decisions are made and can be implemented more effectively. This results in improved use of ratepayer funds to provide 'good government' for the whole district.
Commencement: 1 May 2025
A responsible authority report (RAR) to a development assessment panel (DAP) is an important planning assessment of a proposed development. RARs are best prepared by a qualified planning officer due to their technical nature.
New regulations that take effect from 1 May 2025 require all RARs for a DAP be prepared by the local government CEO, an employee authorised by the CEO or a consultant engaged by the CEO.
For class one and two local governments, the CEO must authorise a suitably qualified employee such as the planning director or manager to prepare the RAR.
The council cannot direct the CEO, authorised employee or consultant in respect of the RAR. Councils cannot direct the CEO to engage a consultant or specify which consultant should be engaged.
How these changes help
The regulations allow council members to continue their focus on strategic town planning functions rather than technical aspects of a particular development.
This change emphasises council’s strategic role, which includes setting the planning framework for their local government area through the adoption of a local planning strategy, local planning scheme and local planning policies.
Status: Regulations and ministerial order being developed
Commencement: To be confirmed
A communications agreement in the State Government is the agreement between a Minister and the agency assisting them with their responsibilities. This agreement sets out how the Minister and agency will communicate with each other, how requests for information can be made and who a Minister and their staff may contact within an agency.
It is proposed that each council will be required to enter into a communications agreement with their CEO. If the council and CEO cannot agree they would be placed onto a default agreement determined by the Minister.
A communications agreement will need to address how council members may seek information and assistance from the local government administration in carrying out their role.
This could include council members seeking a briefing about an ongoing community issue or assistance with their statutory obligations. This agreement would set out how this assistance would be provided and timelines for when the local government would respond.
Local governments currently have inconsistent approaches as to how information is to be sought. In some local governments this information may only be sought through a specific inbox. In other local governments council members can call staff directly to seek information.
It is intended that a default communications agreement will provide an example of an appropriate separation of the council and administration and promote processes to ensure local government administrations are responsive and professional in providing advice.