The proposed amendment was intended to provide additional clarification about the roles and responsibilities of local government council members and administrative staff, ensuring that regulation 9 accurately reflected the provisions of the Act.
The decision by the Legislative Council means that on 11 November, regulation 9 reverted to the previous version Gazetted in 2007.
The Act continues to provide for the different roles in local government — governance and strategic direction provided by the council and council members, and administration and operations by the Chief Executive Officer and their staff.
Council members cannot, and have never been able to, be lawfully involved in matters outside of their role as defined in the Act. While regulation 9 has reverted to its previous version, it remains subsidiary legislation and as such cannot override the
provisions and meaning of the Act.
Council and/or council members should continue to use common sense to determine whether a proposed action aligns to their role as outlined in the Act. This may be done by considering whether the action is likely to undermine the separation of powers between
the council and the administration.
For information and advice on the separation of power at local governments contact the department by email.