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A GUIDE TO NSW LOCAL COUNCIL MEETINGS
                                                  Compiled by Dr Ian Ellis-Jones
  COUNCIL AND ITS GOVERNING BODY                    There must be at least 10 (ordinary)               The notice should “substantially put the
                                                    meetings per year, each time in a different        [members] in the position to know what they
A local council (a body corporate and               month: s 365, LGA.                                 are voting about”: Baillie v Oriental
statutory corporation) is made up of elected                                                           Telephone and Electric Co Ltd [1915] 1 Ch
representatives, called “councillors”, who                 EXTRAORDINARY MEETINGS                      503 at 514, applied in Colhoun v Green
comprise the “governing body” of the council:                                                          [1919] VLR 196 at 202.
s 222 LGA.                                          An extraordinary meeting is called to deal
                                                    with some special matter.                          Once notice of meeting given, meeting
The role of the governing body is to “direct                                                           cannot be legally cancelled or even
and control the affairs of the council” in                                                             postponed: see Smith v Paringa Mines Ltd
accordance with the Act: s 223 LGA.                 Although there is no limit on matters that can     [1906] 2 Ch 193.
                                                    be brought up at an extraordinary meeting,
A local council, being a body corporate, can        an extraordinary meeting called to transact
                                                    business X cannot transact business Y. See         Failure to send a notice will ordinarily not
only act by resolution or by way of delegated                                                          invalidate the proceedings: s 374(d) LGA; cf
authority granted pursuant to a validly passed      cl 242(1) LGGR. However, business may be
                                                    transacted at the meeting without prior notice     Myer Queenstown Garden Plaza Pty Ltd v
resolution: see Delta Properties Pty Ltd v                                                             City of Port Adelaide (1975) 33 LGRA 70.
Brisbane CC (1955) 95 CLR 11.                       to the councillors provided a motion is
                                                    passed to that effect and the business is
Unless otherwise disentitled, a councillor has      ruled by the chairperson to be of “great                 AGENDA AND BUSINESS PAPERS
a statutory right and implied duty to attend        urgency”: cl 242(2) LGGR.
council meetings and to take part in the                                                               The agenda must state:
proceedings, and must not be unlawfully             The mayor must call extraordinary meeting             all matters to be dealt with arising out of
excluded or expelled from a meeting. See            (to be held as soon as practicable and within          the proceedings of former meetings;
Ariansen v Bromfield (1956) 1 LGRA 1.               14 days) upon written request signed by at            any matter or topic that the chairperson
                                                    least 2 councillors: s 366 LGA. Arguably, the          proposes to put to the meeting (if the
Councillors must serve the interests of             mayor can also call such an extraordinary              mayor is the chairperson) at the time
Council as a whole; their overriding duty is to     meeting of his or her own motion, but that             when the business paper is prepared;
the body of which they are members and the          matter should be regulated by the CMP.                 and
governing body itself: see Bennetts v Board                                                               any business of which due notice has
of Fire Commissioners of NSW (1967) 87                   THE COUNCIL “CONSTITUTION”                        been given: cl 240(1) LGGR.
WN (Pt 1) (NSW) 307. See also Asher v
Secretary of State for the Environment [1974]                                                          GM must not include in the agenda any
Ch 208.                                             Every organisation needs a constitution. In        “unlawful” business (cl 240(2) LGGR) and, in
                                                    the case of NSW local councils, and,               the case of an extraordinary meeting, must
           WHAT IS A MEETING?                       specifically, the conduct of their meetings, the   ensure that the agenda deals only with the
                                                    “constitution” consists of the following: the      matters stated in the notice of the meeting (cl
                                                    LGA, Pt 10 of the LGGR, Council’s CMP (if          242(1) LGGR).
A meeting is a coming together of, ordinarily,
                                                    any), and the ordinary law of meetings to the
2 or more persons: see Sharp v Dawes
                                                    extent to which that law is not inconsistent                      OPEN MEETINGS
(1867) 2 QBD 26. However, even in local
                                                    with the foregoing.
government, a meeting can consist of 1
person (eg an appointed administrator): see s                                                          Council must ensure that all meetings are
258 LGA.                                                      NOTICE OF MEETINGS                       open to the public: see s 10 LGA.

Council may adopt a code of meeting                                                                    Part of a meeting can be closed to the public
                                                    Public notice of times and places of meetings
practice (CMP) that incorporates the                                                                   to discuss any of the matters listed in
                                                    must be given: s 9(1) LGA; cl 232(1) LGGR.
regulations made for the purposes of s 360                                                             s.10A(2) LGA or to consider a motion to
LGA (see, relevantly, Pt 10 “Meetings”                                                                 close another part of the meeting to the
LGGR) and supplements those regulations             GM must send notice of meeting to each             public (see s 10A(3) LGA) but not otherwise.
with provisions that are not inconsistent with      councillor at least 3 days (i.e. 3 clear days,     See also ss 10B and 10C LGA.
them: s 360 (2) LGA. See also ss 361-364            exclusive of the day of giving notice and of
LGA re the CMP.                                     the day of the meeting) before each meeting        The matters listed in s 10A(2) LGA are:
                                                    of Council: s 367(1) LGA; cl 262(1) LGGR.          (a)   personnel (i.e. Council staff) matters
Council and any committee of Council of                                                                      concerning particular individuals (other than
which all the members are councillors must          Less than 3 days notice is permissible in the            councillors),
conduct its meetings in accordance with the                                                            (b)   the personal hardship of any resident or
                                                    case of an extraordinary meeting called in an            ratepayer,
CMP adopted by it: s 360(3) LGA.                    emergency: s 367(2) LGA; cl 262(2) LGGR.           (c)   information that would, if disclosed, confer a
                                                                                                             commercial advantage on a person with
A failure to comply with the CMP does not           Notice must be sent to each councillor. This             whom Council is conducting (or proposes to
invalidate: s 374(e) LGA. However, the              requirement cannot be waived. See cl 241                 conduct) business,
position may well be otherwise where there is                                                          (d)   commercial information of a confidential
                                                    LGGR. See also Young v Ladies’ Imperial                  nature that would, if disclosed, prejudice the
a failure to comply with the Act or the             Club Ltd [1920] 2 KB 523; Re Merchants and               commercial position of the person who
regulations (relevantly, Pt 10 LGGR).               Shippers, Steamship Lines Ltd (1917) 17 SR               supplied it, or confer a commercial advantage
                                                    (NSW) 146.                                               on a competitor of the council, or reveal a
     TYPES OF COUNCIL MEETINGS                                                                               trade secret,

٠Ordinary meeting ٠Extraordinary meeting
                                                                                                       (e)   information that would, if disclosed, prejudice
                                                    The notice must issue with proper authority,             the maintenance of law,
                                                    i.e. by or on behalf of the GM, and must state     (f)   matters affecting the security of Council,
          ORDINARY MEETINGS                         whether the meeting is ordinary or                       councillors, Council staff or Council property,
                                                    extraordinary and the business to be dealt         (g)   advice concerning litigation, or advice that
                                                    with. See Henderson v Bank of Australasia                would otherwise be privileged from production
An ordinary meeting is one held according to        (1890) 45 Ch D 330; Kaye v Croydon                       in legal proceedings on the ground of legal
the prearranged and publicly notified               Tramways Co [1898] 1 Ch 358.                             professional privilege (see, however, s 10B(2)
schedule.                                                                                                    LGA)
2
(h)   information concerning the nature and          chairperson rises, all others must remain           is impermissible and must not be accepted.
      location of a place or an item of Aboriginal   seated and be silent: see cl 237 LGGR.              (The test for determining a direct negative is
      significance on community land.                                                                    to enquire whether an adverse vote on the
                                                     The duty of the chairperson is:                     motion achieves the same result.)
The grounds on which part of a meeting is
                                                        to receive and put to the meeting any
closed:                                                  lawful motion that is brought before the        A motion may be divided into separate
    must be stated in the decision to close             meeting (cl 238 LGGR)                           motions (and the chairperson may so insist)
     that part of the meeting, and
                                                        to ensure that Council’s CMP and all            provided its component parts are not
    must specify why the part of the meeting            other relevantly applicable legislation         interdependent.       (Alternatively,     the
     is being closed, including (if the matter           are observed throughout the meeting             chairperson may allow the motion to be
     concerned is a matter other than a
                                                        to “protect the forum” (that is, ensure         debated as one but then put to the vote in its
     personnel matter concerning particular                                                              several parts.)
                                                         that all members have a fair opportunity
     individuals, the personal hardship of a             to participate and put forward their            In the absence of the maker of the notice of
     resident or ratepayer or a trade secret)            respective points of view).                     motion, another councillor may move the
     an explanation of the way in which                                                                  motion. Alternatively, the chairperson may
     discussion of the matter in an open             The chairperson must rule “out of order” any        defer the motion to the next meeting of
     meeting would be, on balance, contrary          motion       that     is   “unlawful”   or    the   Council. See cl 245 LGGR.
     to the public interest. See s 10D LGA.
                                                     implementation of which would be “unlawful”
                                                     (see cl 238 LGGR) and may also reject any                            Seconding
The chairperson must make public any                 motion that is “redundant”, lacks certainty or
resolution to close part of a meeting to the                                                             A motion (as well as an amendment to the
                                                     finality, or is “irrelevant” to the matter before
public: cl 253 LGA. See also s 11 LGA re             the meeting.                                        motion) must be moved and ordinarily
public access to correspondence and reports.                                                             seconded before debate can occur: cl 246
                                                     The chairperson, if the mayor, may, without         LGGR. Seconding may be pro forma to
See cl 273 LGGR re tape recording of                 notice, place a motion before the meeting in        prevent the motion from “falling to the ground
meetings. See, generally, the DLG’s OMG.             the form of an official (“mayoral”) minute: cl      (floor)”. Neither the mover of an original
                                                     243 LGGR. The motion needs no seconding.            motion nor its seconder may second an
                THE QUORUM                                                                               amendment to that motion. No person may
                                                                ORDER OF BUSINESS                        move or second more than one amendment
A meeting without a quorum has no power to                                                               to each motion. A seconder need not speak,
do anything except adjourn. Any business                                                                 may speak immediately after the proposer of
                                                     The order of business may be altered if a
transacted without a quorum is invalid. See cl                                                           the motion has spoken, or may speak later if
                                                     motion to that effect (which can be moved
233 LGGR where there is no quorum. See                                                                   right to do so has been reserved, subject to
                                                     without notice) is carried: cl 239 LGGR.
also Myer Queenstown Garden Plaza Pty Ltd                                                                any formal motion that may terminate
v City of Port Adelaide (1975) 33 LGRA 70.                                                               discussion.
                                                                NOTICE OF BUSINESS
The quorum for a meeting of Council is a                                                                 Seconding is not required for official
                                                     Business may not ordinarily be transacted           (mayoral) minutes (cl 243(2) LGGR) and
majority of the councillors who hold office for
                                                     without notice: cl 241(1) LGGR. However,            closure (gag) motions (cl 250(5) LGGR).
the time being and are not otherwise
                                                     business may be transacted without notice if:
suspended from office or disentitled from
                                                         the business is already before the
voting on a matter (eg by reason of a
                                                          council (cl 241(2)(a) LGGR) or                           Withdrawal of motions
pecuniary interest). See s 368 LGA. See also
Levenstrath Community Association Inc v                  the business is the election of a
Nymboida SC (1999) 105 LGERA 362.                         chairperson to preside at the meeting (cl      A motion, once accepted by the chairperson
                                                          241(2)(b) LGGR) or                             and placed before the meeting, can only be
The quorum for a meeting of a committee of               the business is put to the meeting by          withdrawn with the unanimous consent of the
Council is a majority of the members of the               way of an official (mayoral) minute (cll       meeting. If an amendment has been moved,
committee unless Council determines                       241(2)(c) and 243 LGGR) or                     the original motion cannot be withdrawn
otherwise: cl 260(3) LGGR.                               the business is a motion for the               unless the amendment is first withdrawn.
                                                          adoption       of       a      committee
A decision supported by a majority of the                 recommendation (cl 241(2)(d) LGGR) or                   Dealing with amendments
votes at a meeting of the council at which a             a motion is passed to that effect and the
quorum is present is a decision of the                    business is ruled by the chairperson to        The mover of an original motion may “take on
council: s 371 LGA.                                       be of “great urgency” (cll 241(3) and          board” an amendment thus obviating the
                                                          242(2) LGGR) or                                need to deal with a formal amendment.
Deliberate withdrawal from a meeting to                  the matter is a “motion of dissent” (cl
frustrate a quorum is wrong and possibly                  248(1) LGGR).                                  Otherwise, where there is an amendment as
actionable: see Borg v Shire of Kyneton                                                                  such, the chairperson, at the end of the
(1986) 26 APA 77; Ball v Pearsall (1987) 10                MOTIONS AND AMENDMENTS                        debate, will call for a vote upon the
NSWLR 700.                                                                                               amendment. If the amendment is carried,
                                                                                                         and there be no further amendment, the
                                                     A motion is a proposal to do X (that is, take
                                                                                                         amended motion known as the “substantive
             THE CHAIRPERSON                         certain action), should be in affirmative form,
                                                                                                         motion”, not the “original motion”) is open for
                                                     and is formally presented as: “I move that
                                                                                                         further discussion or amendment before
Without a chairperson a meeting cannot               …”.
                                                                                                         being put and voted upon. (NOTE. It is not a
transact    business:   see    Colorado                                                                  case of “the amendment becomes the
Constructions Pty Ltd v Platus [1966] 2              Motions should not be made with respect to
                                                                                                         motion”.) If the amendment is lost, discussion
NSWR 598.                                            “Mickey Mouse” matters, that is, matters with
                                                                                                         of the original motion continues.
                                                     which a local council has no concern: see
The mayor or, at the request of or in the            Lynch v Brisbane CC (1961) 104 CLR 353 at
                                                                                                         A motion cannot be amended after it has
absence of the mayor, the deputy mayor (if           364; Ex p S F Bowser & Co; Re Randwick
                                                                                                         been voted on: see Montgomerie’s Brewery
any) presides at Council meetings: s 369(1)          MC (1927) 27 SR (NSW) 209 at 215.
                                                                                                         v Spencer (1898) 5 ALR 112. Also, a
LGA. If the mayor and the deputy mayor (if                                                               modification to a motion already on the floor
any) are absent, a councillor elected to chair       Any member, other than the mover of the
                                                                                                         cannot be made by the mover, prior to
the meeting by the councillors present               original motion or its seconder, may move an
                                                                                                         disposition of the motion, if any other person
presides at a Council meeting: s 369(2) LGA.         amendment to that motion. An amendment
                                                                                                         objects.
                                                     to a motion is also a motion. An amendment
The chairperson (the “first among equals”)           is a proposal to change a motion. However,
                                                                                                         No more than one motion and one proposed
has the highest priority as “mover”. If the          an amendment that creates a direct negative
                                                                                                         amendment can be before the council at any
3
one time: cl 247 LGGR. See also Campbell v        The motion of dissent (which requires             favour of the motion or amendment and at
AMP Society (1906) 7 SR (NSW) 99.                 seconding) then takes precedence over all         least 2 councillors have spoken against it.
However, a councillor or committee member         other business which is suspended until the       See cl 250(4) LGGR.
may "foreshadow" a motion or an                   motion of dissent is dealt with.
amendment proposed to be moved following                                                            A valid closure motion must be put
consideration of the first motion or              A motion of dissent, by convention, is usually    immediately to the vote without debate (cl
amendment.                                        put to the vote in the reverse form, viz, “That   250(5) LGGR; cf Wall v London and
                                                  the chairperson’s ruling be upheld”, even         Northern Assets Corp [1898] 2 Ch 469) and,
            Rescission motions                    though it is debated as a motion of dissent. It   if passed, the original motion or amendment
                                                  is ordinarily declared carried where there is     must, without further debate, be put to the
See s 372 LGA. A resolution may not be            an equality of votes (cf s 370(2) LGA).           vote immediately after the mover of the
altered or rescinded except by a motion to                                                          original motion has exercised his or her right
that effect given with notice.                    Only the mover of the motion of dissent and       of reply (cl 250(6) LGGR).
                                                  the chairperson can speak to the motion
If notice of motion to rescind a resolution is    before it is put, and there is no right of        See also “ADJOURNMENT”.
given at the meeting at which the resolution is   general reply: cl 248(3) LGGR.
carried, the resolution must not be carried                                                                            VOTING
into effect until the motion of rescission has    See also “FORMAL MOTIONS”.
been dealt with.                                                                                    Each councillor has one vote: s 370(1) LGA.
                                                                    DEBATE
A notice of motion to alter or rescind a                                                            The person presiding at the meeting also
resolution must be signed by 3 councillors if     A councillor must not, without the consent of     has, in the event of an equality of votes, a
less than 3 months has elapsed since the          Council, speak more than once on a motion         second or casting vote: s 370(2) LGA. That
resolution was passed.                            or an amendment or for longer than 5              vote need not be exercised so as to maintain
                                                  minutes at any one time: cl 250(3) LGGR.          the status quo.
A rescission motion may be dealt with,
without notice, at the same meeting as the        Where 2 or more rise at the same time the         A person is who is present at a Council
one at which the original resolution was          chairperson decides whom to recognize,            meeting (and one cannot participate in a
carried only upon the recommendation of a         having regard to the following: (1) the mover     meeting of Council unless “personally
committee of council, including the committee     of the motion or amendment takes initial          present” at the meeting: cl 235 LGGR), but
of the whole but not otherwise.                   precedence in debate, (2) a new speaker           who fails to vote on a motion (except where
                                                  takes precedence over one who has already         prevented from so doing by reason of a
Certain types of resolutions, by their very       spoken to the motion or amendment, and (3)        pecuniary interest (see below)), is taken to
nature, are incapable of being rescinded or       the provisions of cl 250 LGGR and the need        have voted against the motion: cl 251(1)
altered in the absence of express statutory       to allow for opposing views.                      LGGR.
authority so to do: see eg AG ex rel Goddard
v North Sydney MC (1973) 28 LGRA 218;             The mover of a motion has a “right of general     A councillor or a committee member who has
Randwick CC v Nancor Trading Co Pty Ltd           reply” in relation to the motion and to any       a “pecuniary interest” (see ss 442 and 448
(2002) 120 LGERA 261. Other types of              amendment to it (as well as the right to          LGA) in any matter with which Council is
decisions creating or affecting other persons’    speak on any such amendment): cl 250(1)           concerned and who is present at a meeting
rights and interests, once communicated, are      LGGR.                                             of Council or the committee at which the
also generally incapable of being rescinded                                                         matter is being considered must disclose the
or altered. See Ex parte Wright; Re Concord                                                         nature of the interest to the meeting as soon
                                                              FORMAL MOTIONS
MC (1925) 7 LGR (NSW) 79; Ex parte                                                                  as practicable, must not be present at, or in
Forssberg; Re Warringah SC (1927) 27 SR                                                             sight of, the meeting of Council or the
(NSW) 200; Shanahan v Strathfield MC              1.   The previous question (“That the
                                                       question be not now put”).                   committee at any time during which the
(1973) 28 LGRA 218; Northcott Pike &                                                                matter is being considered or discussed by
Associates Ltd v Berri DC (1984) 55 LGRA          2.   The closure (“That the question be now
                                                       put”).                                       Council or the committee, or at any time
119. Specific legal advice should be sought in                                                      during which Council or the committee is
respect of these 2 types of matters which         3.   Proceed to next business.
                                                  4.   Adjournment of debate.                       voting on any question in relation to the
may involve decisions concerned with the                                                            matter: s 451(1) and (2). (This does not,
making of rates, the granting of statutory        5.   Adjournment of meeting.
                                                  6.   That the question lie on the table.          however, apply where the interest in the
approvals, and the acceptance of tenders.                                                           matter is of a kind referred to in s 448: s
                                                  None of these motions can be moved or             451(3) LGA.) A failure of a councillor or a
                 Ratification                                                                       committee member to disclose a pecuniary
                                                  seconded by a person who has moved,
                                                  seconded or spoken to the original motion.        interest, or to refrain from the consideration
An invalid decision cannot subsequently be        The chairperson has the discretion to reject      or discussion of, or vote on, the relevant
ratified: see Myer Queenstown Garden Plaza        the formal motion the previous question. The      matter, at a Council or committee meeting
Pty Ltd v City of Port Adelaide (1975) 33         speaker cannot be interrupted in all cases        does not invalidate: s 374(d) LGA.
LGRA 70.                                          except in the case of the closure. Seconding
                                                  is required in all cases, except in the case of   Voting is ordinarily by open means (eg on the
             Motions of dissent                   the closure. Discussion is permitted (i.e.        voices or show of hands): cl 251(5) LGGR.
                                                  previous speakers may speak again) in all
                                                  cases (and in the case of the formal motion       The decision of the chairperson as to the
There is no such thing as a “vote of no                                                             result of a vote is final unless the decision is
confidence” (or a “no-confidence motion”) in      the previous question, on the main motion as
                                                  well), except in the cases of the closure and     immediately challenged and not fewer than 2
NSW local government law. Even a motion                                                             councillors rise and demand a division: cl
of dissent (see below) must relate to a           proceed to next business.
                                                                                                    251(3) LGGR.
specific ruling of the chairperson and not to
that person’s handling of the meeting.                            The Closure
                                                                                                    A decision supported by a majority of the
                                                  A councillor (but not the mover or seconder       votes at a meeting of the council at which a
A councillor can, without notice, move to                                                           quorum is present is a decision of the
dissent from the ruling of the chairperson on     of the original motion or any amendment to
                                                  it) may move a “closure motion” (that is, that    council: s 371 LGA.
a point of order: cl 248(1) LGGR. (A point of
order can be raised at any time, and the          the motion or the amendment “be now put”) if
chairperson must give a ruling on it. Any         the mover of the motion or amendment has                        ADJOURNMENT
dissent must be moved immediately after the       spoken in favour of it and no councillor
chairperson’s ruling.)                            expresses an intention to speak against it        A meeting, as well as any debate on a
                                                  OR at least 2 councillors have spoken in
4
particular matter, may be adjourned by way          LGA. See cl 259 LGGR re “committee of the          and committee meetings (but not including
of a motion to that effect.                         whole”. See also cl 260(1) LGGR re                 business papers for matters considered when
                                                    establishment of committees.                       part of a meeting is closed to the public), and
An adjourned meeting is not a new meeting                                                              minutes of Council and committee meetings,
but only a continuation of the original             The “functions” of a committee must be             but restricted (in the case of any part of a
meeting. Once a date and time have been             specified by the council when it is                meeting that is closed to the public) to the
fixed, and actual or constructive notice of the     established, but may be amended from time          resolutions and recommendations of the
adjourned meeting has been given, there is          to time: cl 261 LGGR.                              meeting: see s 12(1) LGA.
no power to re-fix the date and time for the
adjourned meeting.
                                                    A “committee” is a body consisting of one or       HOW TO HAVE A SUCCESSFUL MEETING
A motion to adjourn either the meeting or the       more persons to which, or to whom, some
debate may be moved on motion and                   matter (along with certain functions) has          1.    Know and obey the rules, and be ever
amendment, requires seconding, may be               been “committed”: see Reynell v Lewis                    mindful of Council’s charter (s 8 LGA).
discussed, and may be amended, but only as          (1846) 15 M & W 517; Re Taurine Co (1883)          2.    Properly prepare and research in
to time, place and date of adjourned meeting.       25 Ch D 118). Unlike the general law                     advance.
The mover must wait until the speaker               position, a council committee cannot consist       3.    Practise good meeting manners and
finishes. If the motion is not carried, a similar   of just one person, but consists of the mayor            avoid all personal attacks on others.
motion can be moved again after an interval.        and such other councillors as are elected or       4.    Keep an open mind and listen carefully
(In the case of a motion to adjourn debate, if      appointed: cl 260(2) LGGR.                               to the views of others.
the motion is carried, the mover has the right                                                         5.    Speak naturally and express yourself
to re-open debate on resumption.)                   A committee must act in concert and cannot               clearly and constructively.
                                                    apportion among its members functions              6.    Be honest and adhere to strict fairness
A motion to adjourn the meeting itself may be       delegated to the committee (see Cook v                   at all times.
moved during discussion on a motion to              Ward (1877) 2 CPD 255), may not do                 7.    Exercise simple, basic common sense.
adjourn debate and arguably supersedes the          anything which the council itself cannot do
latter motion. However, the reverse situation       (see Bean v Flaxton Cl [1929] 1 KB 450), and       In short … BE PREPARED                         …     BE
is impermissible.                                   must not add to its membership or co-opt           SUPPORTIVE … BE EFFECTIVE.
                                                    others unless specifically authorized (see
See also cll 233(2) and 257(1) LGGR.                Lane v Norman (1891) 66 LT (NS) 83; Leary
                                                    v National Union of Vehicle Builders (1970) 2      Key abbreviations
                                                                                                       CMP         Code of Meeting Practice
          ORDER AND DISORDER                        AER 713 at 724).                                   DLG         NSW Department of Local Government
                                                                                                       LGA         Local Government Act 1993
                                                                                                       LGGR        Local Government (General) Regulation 2005
Subject to any decision of Council, the             A committee ought not establish a                  OMG         Open Meetings Guidelines (revised, July 1998)
chairperson is for the most part responsible        subcommittee of its members unless
for preserving order at the meeting.                specifically authorized to do so by the
                                                    resolution which established the committee
The chairperson may call any councillor to          or a subsequent resolution: see Howard’s                       IAN ELLIS-JONES
order whenever, in the opinion of the               case [1866] LR 1 Ch App 561; Sambell v
                                                    Cook [1962] VR 448.                                             Lawyer Educator
chairperson, it is necessary to do so: cl
255(1) LGGR.                                                                                                 Trainer Facilitator Consultant
                                                                                                              “THE MEETINGS SPECIALIST”
                                                                      MINUTES
A person (whether a councillor or another
person) is not entitled to be present at a                                                                  SERVICES TO LOCAL GOVERNMENT
meeting of the council (or a committee of           Council, and each committee of the council,
Council of which all the councillors are            must ensure that “full and accurate” minutes       I offer expertise in a number of areas of the
members) if “expelled” from the meeting by          of the proceedings of its meetings are kept:       law relevant to local government including but
resolution of the meeting or by the person          see s 375 LGA; cl 266 LGGR.                        not limited to the law of meetings. If you
presiding at the meeting, if the council has,                                                          would like to know more about the services I
by resolution, authorized the person presiding                                                         provide please do not hesitate to contact me.
to exercise the power of expulsion: s 10(2)         At the very least, the minutes should include
                                                    the name and nature of the meeting, the time                      CONTACT DETAILS
LGA.
                                                    and place held, who were present and the
                                                    terms of business (i.e. resolutions passed)                      12A Nulla Nulla Street
A councillor who commits an “act of disorder”                                                                        Turramurra NSW 2074
                                                    including the details of each motion moved
may be expelled from a meeting for failing,                                                                           T: +61 2 9440 2443
among other things, to apologise without            and of any amendments moved to it, the
                                                    names of the mover and seconder of the                            F: +61 2 9440 2447
reservation for the act: cl 256(3) LGGR. See                                                                    E: ian.ellis-jones@hotmail.com
                                                    motion or amendment, and whether the
Ariansen v Bromfield (1956) 1 LGRA 1; White
v Murchison (1963) 9 LGRA 20. Alternatively,        motion or amendment is passed or lost. See                        ABN 49 839 909 268
the chairperson may exclude the councillor in       cl 266 LGGR (committees).
disorder by refusing to allow the councillor to
participate in the meeting.                         Minutes must be duly confirmed (i.e. adopted       Disclaimer
                                                    as a correct record) and signed and kept           Due to its condensed format this Guide
The chairperson may adjourn a meeting for           secure and in safe custody.                        should not be used as a substitute for the
up to 15 minutes where “disorder” occurs at                                                            legislation or professional advice and does
the meeting: cl 257(1) LGGR. See R v                                                                   not, and is not intended to, offer professional
Liverpool CC; Ex p Liverpool Taxi Fleet             Every entry in the minutes of the business
                                                    transacted at a meeting of Council and             advice in any form. Ian Ellis-Jones is more
Operators’ Association [1975] 1 WLR 701.                                                               than happy to assist in that regard. No
                                                    purporting to be signed by the person
                                                    presiding at a subsequent meeting of Council       warranty or guarantee of any kind is provided
A member of the public may be duly expelled                                                            by Ian Ellis-Jones relating to, and no liability
from a meeting of a council for engaging in or      is, until the contrary is proved, evidence that
                                                    the business as recorded in the minutes was        is accepted for, any loss or damage resulting
having engaged in “disorderly conduct” at the                                                          from any person relying on or using the
meeting.                                            transacted at the meeting, and that the
                                                    meeting was duly convened and held: s 703          information contained in this Guide.
                                                    LGA.
          COUNCIL COMMITTEES
                                                                                                       This document has been prepared by Ian
                                                    A person is entitled to inspect, free of charge,   Ellis-Jones. Copyright © Ian Ellis-Jones
Council may resolve itself into a committee to                                                         2008. All rights reserved.
consider any matter before the council: s 373       agendas and business papers for Council

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A GUIDE TO NSW LOCAL COUNCIL MEETINGS

  • 1. A GUIDE TO NSW LOCAL COUNCIL MEETINGS Compiled by Dr Ian Ellis-Jones COUNCIL AND ITS GOVERNING BODY There must be at least 10 (ordinary) The notice should “substantially put the meetings per year, each time in a different [members] in the position to know what they A local council (a body corporate and month: s 365, LGA. are voting about”: Baillie v Oriental statutory corporation) is made up of elected Telephone and Electric Co Ltd [1915] 1 Ch representatives, called “councillors”, who EXTRAORDINARY MEETINGS 503 at 514, applied in Colhoun v Green comprise the “governing body” of the council: [1919] VLR 196 at 202. s 222 LGA. An extraordinary meeting is called to deal with some special matter. Once notice of meeting given, meeting The role of the governing body is to “direct cannot be legally cancelled or even and control the affairs of the council” in postponed: see Smith v Paringa Mines Ltd accordance with the Act: s 223 LGA. Although there is no limit on matters that can [1906] 2 Ch 193. be brought up at an extraordinary meeting, A local council, being a body corporate, can an extraordinary meeting called to transact business X cannot transact business Y. See Failure to send a notice will ordinarily not only act by resolution or by way of delegated invalidate the proceedings: s 374(d) LGA; cf authority granted pursuant to a validly passed cl 242(1) LGGR. However, business may be transacted at the meeting without prior notice Myer Queenstown Garden Plaza Pty Ltd v resolution: see Delta Properties Pty Ltd v City of Port Adelaide (1975) 33 LGRA 70. Brisbane CC (1955) 95 CLR 11. to the councillors provided a motion is passed to that effect and the business is Unless otherwise disentitled, a councillor has ruled by the chairperson to be of “great AGENDA AND BUSINESS PAPERS a statutory right and implied duty to attend urgency”: cl 242(2) LGGR. council meetings and to take part in the The agenda must state: proceedings, and must not be unlawfully The mayor must call extraordinary meeting  all matters to be dealt with arising out of excluded or expelled from a meeting. See (to be held as soon as practicable and within the proceedings of former meetings; Ariansen v Bromfield (1956) 1 LGRA 1. 14 days) upon written request signed by at  any matter or topic that the chairperson least 2 councillors: s 366 LGA. Arguably, the proposes to put to the meeting (if the Councillors must serve the interests of mayor can also call such an extraordinary mayor is the chairperson) at the time Council as a whole; their overriding duty is to meeting of his or her own motion, but that when the business paper is prepared; the body of which they are members and the matter should be regulated by the CMP. and governing body itself: see Bennetts v Board  any business of which due notice has of Fire Commissioners of NSW (1967) 87 THE COUNCIL “CONSTITUTION” been given: cl 240(1) LGGR. WN (Pt 1) (NSW) 307. See also Asher v Secretary of State for the Environment [1974] GM must not include in the agenda any Ch 208. Every organisation needs a constitution. In “unlawful” business (cl 240(2) LGGR) and, in the case of NSW local councils, and, the case of an extraordinary meeting, must WHAT IS A MEETING? specifically, the conduct of their meetings, the ensure that the agenda deals only with the “constitution” consists of the following: the matters stated in the notice of the meeting (cl LGA, Pt 10 of the LGGR, Council’s CMP (if 242(1) LGGR). A meeting is a coming together of, ordinarily, any), and the ordinary law of meetings to the 2 or more persons: see Sharp v Dawes extent to which that law is not inconsistent OPEN MEETINGS (1867) 2 QBD 26. However, even in local with the foregoing. government, a meeting can consist of 1 person (eg an appointed administrator): see s Council must ensure that all meetings are 258 LGA. NOTICE OF MEETINGS open to the public: see s 10 LGA. Council may adopt a code of meeting Part of a meeting can be closed to the public Public notice of times and places of meetings practice (CMP) that incorporates the to discuss any of the matters listed in must be given: s 9(1) LGA; cl 232(1) LGGR. regulations made for the purposes of s 360 s.10A(2) LGA or to consider a motion to LGA (see, relevantly, Pt 10 “Meetings” close another part of the meeting to the LGGR) and supplements those regulations GM must send notice of meeting to each public (see s 10A(3) LGA) but not otherwise. with provisions that are not inconsistent with councillor at least 3 days (i.e. 3 clear days, See also ss 10B and 10C LGA. them: s 360 (2) LGA. See also ss 361-364 exclusive of the day of giving notice and of LGA re the CMP. the day of the meeting) before each meeting The matters listed in s 10A(2) LGA are: of Council: s 367(1) LGA; cl 262(1) LGGR. (a) personnel (i.e. Council staff) matters Council and any committee of Council of concerning particular individuals (other than which all the members are councillors must Less than 3 days notice is permissible in the councillors), conduct its meetings in accordance with the (b) the personal hardship of any resident or case of an extraordinary meeting called in an ratepayer, CMP adopted by it: s 360(3) LGA. emergency: s 367(2) LGA; cl 262(2) LGGR. (c) information that would, if disclosed, confer a commercial advantage on a person with A failure to comply with the CMP does not Notice must be sent to each councillor. This whom Council is conducting (or proposes to invalidate: s 374(e) LGA. However, the requirement cannot be waived. See cl 241 conduct) business, position may well be otherwise where there is (d) commercial information of a confidential LGGR. See also Young v Ladies’ Imperial nature that would, if disclosed, prejudice the a failure to comply with the Act or the Club Ltd [1920] 2 KB 523; Re Merchants and commercial position of the person who regulations (relevantly, Pt 10 LGGR). Shippers, Steamship Lines Ltd (1917) 17 SR supplied it, or confer a commercial advantage (NSW) 146. on a competitor of the council, or reveal a TYPES OF COUNCIL MEETINGS trade secret, ٠Ordinary meeting ٠Extraordinary meeting (e) information that would, if disclosed, prejudice The notice must issue with proper authority, the maintenance of law, i.e. by or on behalf of the GM, and must state (f) matters affecting the security of Council, ORDINARY MEETINGS whether the meeting is ordinary or councillors, Council staff or Council property, extraordinary and the business to be dealt (g) advice concerning litigation, or advice that with. See Henderson v Bank of Australasia would otherwise be privileged from production An ordinary meeting is one held according to (1890) 45 Ch D 330; Kaye v Croydon in legal proceedings on the ground of legal the prearranged and publicly notified Tramways Co [1898] 1 Ch 358. professional privilege (see, however, s 10B(2) schedule. LGA)
  • 2. 2 (h) information concerning the nature and chairperson rises, all others must remain is impermissible and must not be accepted. location of a place or an item of Aboriginal seated and be silent: see cl 237 LGGR. (The test for determining a direct negative is significance on community land. to enquire whether an adverse vote on the The duty of the chairperson is: motion achieves the same result.) The grounds on which part of a meeting is  to receive and put to the meeting any closed: lawful motion that is brought before the A motion may be divided into separate  must be stated in the decision to close meeting (cl 238 LGGR) motions (and the chairperson may so insist) that part of the meeting, and  to ensure that Council’s CMP and all provided its component parts are not  must specify why the part of the meeting other relevantly applicable legislation interdependent. (Alternatively, the is being closed, including (if the matter are observed throughout the meeting chairperson may allow the motion to be concerned is a matter other than a  to “protect the forum” (that is, ensure debated as one but then put to the vote in its personnel matter concerning particular several parts.) that all members have a fair opportunity individuals, the personal hardship of a to participate and put forward their In the absence of the maker of the notice of resident or ratepayer or a trade secret) respective points of view). motion, another councillor may move the an explanation of the way in which motion. Alternatively, the chairperson may discussion of the matter in an open The chairperson must rule “out of order” any defer the motion to the next meeting of meeting would be, on balance, contrary motion that is “unlawful” or the Council. See cl 245 LGGR. to the public interest. See s 10D LGA. implementation of which would be “unlawful” (see cl 238 LGGR) and may also reject any Seconding The chairperson must make public any motion that is “redundant”, lacks certainty or resolution to close part of a meeting to the A motion (as well as an amendment to the finality, or is “irrelevant” to the matter before public: cl 253 LGA. See also s 11 LGA re the meeting. motion) must be moved and ordinarily public access to correspondence and reports. seconded before debate can occur: cl 246 The chairperson, if the mayor, may, without LGGR. Seconding may be pro forma to See cl 273 LGGR re tape recording of notice, place a motion before the meeting in prevent the motion from “falling to the ground meetings. See, generally, the DLG’s OMG. the form of an official (“mayoral”) minute: cl (floor)”. Neither the mover of an original 243 LGGR. The motion needs no seconding. motion nor its seconder may second an THE QUORUM amendment to that motion. No person may ORDER OF BUSINESS move or second more than one amendment A meeting without a quorum has no power to to each motion. A seconder need not speak, do anything except adjourn. Any business may speak immediately after the proposer of The order of business may be altered if a transacted without a quorum is invalid. See cl the motion has spoken, or may speak later if motion to that effect (which can be moved 233 LGGR where there is no quorum. See right to do so has been reserved, subject to without notice) is carried: cl 239 LGGR. also Myer Queenstown Garden Plaza Pty Ltd any formal motion that may terminate v City of Port Adelaide (1975) 33 LGRA 70. discussion. NOTICE OF BUSINESS The quorum for a meeting of Council is a Seconding is not required for official Business may not ordinarily be transacted (mayoral) minutes (cl 243(2) LGGR) and majority of the councillors who hold office for without notice: cl 241(1) LGGR. However, closure (gag) motions (cl 250(5) LGGR). the time being and are not otherwise business may be transacted without notice if: suspended from office or disentitled from  the business is already before the voting on a matter (eg by reason of a council (cl 241(2)(a) LGGR) or Withdrawal of motions pecuniary interest). See s 368 LGA. See also Levenstrath Community Association Inc v  the business is the election of a Nymboida SC (1999) 105 LGERA 362. chairperson to preside at the meeting (cl A motion, once accepted by the chairperson 241(2)(b) LGGR) or and placed before the meeting, can only be The quorum for a meeting of a committee of  the business is put to the meeting by withdrawn with the unanimous consent of the Council is a majority of the members of the way of an official (mayoral) minute (cll meeting. If an amendment has been moved, committee unless Council determines 241(2)(c) and 243 LGGR) or the original motion cannot be withdrawn otherwise: cl 260(3) LGGR.  the business is a motion for the unless the amendment is first withdrawn. adoption of a committee A decision supported by a majority of the recommendation (cl 241(2)(d) LGGR) or Dealing with amendments votes at a meeting of the council at which a  a motion is passed to that effect and the quorum is present is a decision of the business is ruled by the chairperson to The mover of an original motion may “take on council: s 371 LGA. be of “great urgency” (cll 241(3) and board” an amendment thus obviating the 242(2) LGGR) or need to deal with a formal amendment. Deliberate withdrawal from a meeting to  the matter is a “motion of dissent” (cl frustrate a quorum is wrong and possibly 248(1) LGGR). Otherwise, where there is an amendment as actionable: see Borg v Shire of Kyneton such, the chairperson, at the end of the (1986) 26 APA 77; Ball v Pearsall (1987) 10 MOTIONS AND AMENDMENTS debate, will call for a vote upon the NSWLR 700. amendment. If the amendment is carried, and there be no further amendment, the A motion is a proposal to do X (that is, take amended motion known as the “substantive THE CHAIRPERSON certain action), should be in affirmative form, motion”, not the “original motion”) is open for and is formally presented as: “I move that further discussion or amendment before Without a chairperson a meeting cannot …”. being put and voted upon. (NOTE. It is not a transact business: see Colorado case of “the amendment becomes the Constructions Pty Ltd v Platus [1966] 2 Motions should not be made with respect to motion”.) If the amendment is lost, discussion NSWR 598. “Mickey Mouse” matters, that is, matters with of the original motion continues. which a local council has no concern: see The mayor or, at the request of or in the Lynch v Brisbane CC (1961) 104 CLR 353 at A motion cannot be amended after it has absence of the mayor, the deputy mayor (if 364; Ex p S F Bowser & Co; Re Randwick been voted on: see Montgomerie’s Brewery any) presides at Council meetings: s 369(1) MC (1927) 27 SR (NSW) 209 at 215. v Spencer (1898) 5 ALR 112. Also, a LGA. If the mayor and the deputy mayor (if modification to a motion already on the floor any) are absent, a councillor elected to chair Any member, other than the mover of the cannot be made by the mover, prior to the meeting by the councillors present original motion or its seconder, may move an disposition of the motion, if any other person presides at a Council meeting: s 369(2) LGA. amendment to that motion. An amendment objects. to a motion is also a motion. An amendment The chairperson (the “first among equals”) is a proposal to change a motion. However, No more than one motion and one proposed has the highest priority as “mover”. If the an amendment that creates a direct negative amendment can be before the council at any
  • 3. 3 one time: cl 247 LGGR. See also Campbell v The motion of dissent (which requires favour of the motion or amendment and at AMP Society (1906) 7 SR (NSW) 99. seconding) then takes precedence over all least 2 councillors have spoken against it. However, a councillor or committee member other business which is suspended until the See cl 250(4) LGGR. may "foreshadow" a motion or an motion of dissent is dealt with. amendment proposed to be moved following A valid closure motion must be put consideration of the first motion or A motion of dissent, by convention, is usually immediately to the vote without debate (cl amendment. put to the vote in the reverse form, viz, “That 250(5) LGGR; cf Wall v London and the chairperson’s ruling be upheld”, even Northern Assets Corp [1898] 2 Ch 469) and, Rescission motions though it is debated as a motion of dissent. It if passed, the original motion or amendment is ordinarily declared carried where there is must, without further debate, be put to the See s 372 LGA. A resolution may not be an equality of votes (cf s 370(2) LGA). vote immediately after the mover of the altered or rescinded except by a motion to original motion has exercised his or her right that effect given with notice. Only the mover of the motion of dissent and of reply (cl 250(6) LGGR). the chairperson can speak to the motion If notice of motion to rescind a resolution is before it is put, and there is no right of See also “ADJOURNMENT”. given at the meeting at which the resolution is general reply: cl 248(3) LGGR. carried, the resolution must not be carried VOTING into effect until the motion of rescission has See also “FORMAL MOTIONS”. been dealt with. Each councillor has one vote: s 370(1) LGA. DEBATE A notice of motion to alter or rescind a The person presiding at the meeting also resolution must be signed by 3 councillors if A councillor must not, without the consent of has, in the event of an equality of votes, a less than 3 months has elapsed since the Council, speak more than once on a motion second or casting vote: s 370(2) LGA. That resolution was passed. or an amendment or for longer than 5 vote need not be exercised so as to maintain minutes at any one time: cl 250(3) LGGR. the status quo. A rescission motion may be dealt with, without notice, at the same meeting as the Where 2 or more rise at the same time the A person is who is present at a Council one at which the original resolution was chairperson decides whom to recognize, meeting (and one cannot participate in a carried only upon the recommendation of a having regard to the following: (1) the mover meeting of Council unless “personally committee of council, including the committee of the motion or amendment takes initial present” at the meeting: cl 235 LGGR), but of the whole but not otherwise. precedence in debate, (2) a new speaker who fails to vote on a motion (except where takes precedence over one who has already prevented from so doing by reason of a Certain types of resolutions, by their very spoken to the motion or amendment, and (3) pecuniary interest (see below)), is taken to nature, are incapable of being rescinded or the provisions of cl 250 LGGR and the need have voted against the motion: cl 251(1) altered in the absence of express statutory to allow for opposing views. LGGR. authority so to do: see eg AG ex rel Goddard v North Sydney MC (1973) 28 LGRA 218; The mover of a motion has a “right of general A councillor or a committee member who has Randwick CC v Nancor Trading Co Pty Ltd reply” in relation to the motion and to any a “pecuniary interest” (see ss 442 and 448 (2002) 120 LGERA 261. Other types of amendment to it (as well as the right to LGA) in any matter with which Council is decisions creating or affecting other persons’ speak on any such amendment): cl 250(1) concerned and who is present at a meeting rights and interests, once communicated, are LGGR. of Council or the committee at which the also generally incapable of being rescinded matter is being considered must disclose the or altered. See Ex parte Wright; Re Concord nature of the interest to the meeting as soon FORMAL MOTIONS MC (1925) 7 LGR (NSW) 79; Ex parte as practicable, must not be present at, or in Forssberg; Re Warringah SC (1927) 27 SR sight of, the meeting of Council or the (NSW) 200; Shanahan v Strathfield MC 1. The previous question (“That the question be not now put”). committee at any time during which the (1973) 28 LGRA 218; Northcott Pike & matter is being considered or discussed by Associates Ltd v Berri DC (1984) 55 LGRA 2. The closure (“That the question be now put”). Council or the committee, or at any time 119. Specific legal advice should be sought in during which Council or the committee is respect of these 2 types of matters which 3. Proceed to next business. 4. Adjournment of debate. voting on any question in relation to the may involve decisions concerned with the matter: s 451(1) and (2). (This does not, making of rates, the granting of statutory 5. Adjournment of meeting. 6. That the question lie on the table. however, apply where the interest in the approvals, and the acceptance of tenders. matter is of a kind referred to in s 448: s None of these motions can be moved or 451(3) LGA.) A failure of a councillor or a Ratification committee member to disclose a pecuniary seconded by a person who has moved, seconded or spoken to the original motion. interest, or to refrain from the consideration An invalid decision cannot subsequently be The chairperson has the discretion to reject or discussion of, or vote on, the relevant ratified: see Myer Queenstown Garden Plaza the formal motion the previous question. The matter, at a Council or committee meeting Pty Ltd v City of Port Adelaide (1975) 33 speaker cannot be interrupted in all cases does not invalidate: s 374(d) LGA. LGRA 70. except in the case of the closure. Seconding is required in all cases, except in the case of Voting is ordinarily by open means (eg on the Motions of dissent the closure. Discussion is permitted (i.e. voices or show of hands): cl 251(5) LGGR. previous speakers may speak again) in all cases (and in the case of the formal motion The decision of the chairperson as to the There is no such thing as a “vote of no result of a vote is final unless the decision is confidence” (or a “no-confidence motion”) in the previous question, on the main motion as well), except in the cases of the closure and immediately challenged and not fewer than 2 NSW local government law. Even a motion councillors rise and demand a division: cl of dissent (see below) must relate to a proceed to next business. 251(3) LGGR. specific ruling of the chairperson and not to that person’s handling of the meeting. The Closure A decision supported by a majority of the A councillor (but not the mover or seconder votes at a meeting of the council at which a A councillor can, without notice, move to quorum is present is a decision of the dissent from the ruling of the chairperson on of the original motion or any amendment to it) may move a “closure motion” (that is, that council: s 371 LGA. a point of order: cl 248(1) LGGR. (A point of order can be raised at any time, and the the motion or the amendment “be now put”) if chairperson must give a ruling on it. Any the mover of the motion or amendment has ADJOURNMENT dissent must be moved immediately after the spoken in favour of it and no councillor chairperson’s ruling.) expresses an intention to speak against it A meeting, as well as any debate on a OR at least 2 councillors have spoken in
  • 4. 4 particular matter, may be adjourned by way LGA. See cl 259 LGGR re “committee of the and committee meetings (but not including of a motion to that effect. whole”. See also cl 260(1) LGGR re business papers for matters considered when establishment of committees. part of a meeting is closed to the public), and An adjourned meeting is not a new meeting minutes of Council and committee meetings, but only a continuation of the original The “functions” of a committee must be but restricted (in the case of any part of a meeting. Once a date and time have been specified by the council when it is meeting that is closed to the public) to the fixed, and actual or constructive notice of the established, but may be amended from time resolutions and recommendations of the adjourned meeting has been given, there is to time: cl 261 LGGR. meeting: see s 12(1) LGA. no power to re-fix the date and time for the adjourned meeting. A “committee” is a body consisting of one or HOW TO HAVE A SUCCESSFUL MEETING A motion to adjourn either the meeting or the more persons to which, or to whom, some debate may be moved on motion and matter (along with certain functions) has 1. Know and obey the rules, and be ever amendment, requires seconding, may be been “committed”: see Reynell v Lewis mindful of Council’s charter (s 8 LGA). discussed, and may be amended, but only as (1846) 15 M & W 517; Re Taurine Co (1883) 2. Properly prepare and research in to time, place and date of adjourned meeting. 25 Ch D 118). Unlike the general law advance. The mover must wait until the speaker position, a council committee cannot consist 3. Practise good meeting manners and finishes. If the motion is not carried, a similar of just one person, but consists of the mayor avoid all personal attacks on others. motion can be moved again after an interval. and such other councillors as are elected or 4. Keep an open mind and listen carefully (In the case of a motion to adjourn debate, if appointed: cl 260(2) LGGR. to the views of others. the motion is carried, the mover has the right 5. Speak naturally and express yourself to re-open debate on resumption.) A committee must act in concert and cannot clearly and constructively. apportion among its members functions 6. Be honest and adhere to strict fairness A motion to adjourn the meeting itself may be delegated to the committee (see Cook v at all times. moved during discussion on a motion to Ward (1877) 2 CPD 255), may not do 7. Exercise simple, basic common sense. adjourn debate and arguably supersedes the anything which the council itself cannot do latter motion. However, the reverse situation (see Bean v Flaxton Cl [1929] 1 KB 450), and In short … BE PREPARED … BE is impermissible. must not add to its membership or co-opt SUPPORTIVE … BE EFFECTIVE. others unless specifically authorized (see See also cll 233(2) and 257(1) LGGR. Lane v Norman (1891) 66 LT (NS) 83; Leary v National Union of Vehicle Builders (1970) 2 Key abbreviations CMP Code of Meeting Practice ORDER AND DISORDER AER 713 at 724). DLG NSW Department of Local Government LGA Local Government Act 1993 LGGR Local Government (General) Regulation 2005 Subject to any decision of Council, the A committee ought not establish a OMG Open Meetings Guidelines (revised, July 1998) chairperson is for the most part responsible subcommittee of its members unless for preserving order at the meeting. specifically authorized to do so by the resolution which established the committee The chairperson may call any councillor to or a subsequent resolution: see Howard’s IAN ELLIS-JONES order whenever, in the opinion of the case [1866] LR 1 Ch App 561; Sambell v Cook [1962] VR 448. Lawyer Educator chairperson, it is necessary to do so: cl 255(1) LGGR. Trainer Facilitator Consultant “THE MEETINGS SPECIALIST” MINUTES A person (whether a councillor or another person) is not entitled to be present at a SERVICES TO LOCAL GOVERNMENT meeting of the council (or a committee of Council, and each committee of the council, Council of which all the councillors are must ensure that “full and accurate” minutes I offer expertise in a number of areas of the members) if “expelled” from the meeting by of the proceedings of its meetings are kept: law relevant to local government including but resolution of the meeting or by the person see s 375 LGA; cl 266 LGGR. not limited to the law of meetings. If you presiding at the meeting, if the council has, would like to know more about the services I by resolution, authorized the person presiding provide please do not hesitate to contact me. to exercise the power of expulsion: s 10(2) At the very least, the minutes should include the name and nature of the meeting, the time CONTACT DETAILS LGA. and place held, who were present and the terms of business (i.e. resolutions passed) 12A Nulla Nulla Street A councillor who commits an “act of disorder” Turramurra NSW 2074 including the details of each motion moved may be expelled from a meeting for failing, T: +61 2 9440 2443 among other things, to apologise without and of any amendments moved to it, the names of the mover and seconder of the F: +61 2 9440 2447 reservation for the act: cl 256(3) LGGR. See E: ian.ellis-jones@hotmail.com motion or amendment, and whether the Ariansen v Bromfield (1956) 1 LGRA 1; White v Murchison (1963) 9 LGRA 20. Alternatively, motion or amendment is passed or lost. See ABN 49 839 909 268 the chairperson may exclude the councillor in cl 266 LGGR (committees). disorder by refusing to allow the councillor to participate in the meeting. Minutes must be duly confirmed (i.e. adopted Disclaimer as a correct record) and signed and kept Due to its condensed format this Guide The chairperson may adjourn a meeting for secure and in safe custody. should not be used as a substitute for the up to 15 minutes where “disorder” occurs at legislation or professional advice and does the meeting: cl 257(1) LGGR. See R v not, and is not intended to, offer professional Liverpool CC; Ex p Liverpool Taxi Fleet Every entry in the minutes of the business transacted at a meeting of Council and advice in any form. Ian Ellis-Jones is more Operators’ Association [1975] 1 WLR 701. than happy to assist in that regard. No purporting to be signed by the person presiding at a subsequent meeting of Council warranty or guarantee of any kind is provided A member of the public may be duly expelled by Ian Ellis-Jones relating to, and no liability from a meeting of a council for engaging in or is, until the contrary is proved, evidence that the business as recorded in the minutes was is accepted for, any loss or damage resulting having engaged in “disorderly conduct” at the from any person relying on or using the meeting. transacted at the meeting, and that the meeting was duly convened and held: s 703 information contained in this Guide. LGA. COUNCIL COMMITTEES This document has been prepared by Ian A person is entitled to inspect, free of charge, Ellis-Jones. Copyright © Ian Ellis-Jones Council may resolve itself into a committee to 2008. All rights reserved. consider any matter before the council: s 373 agendas and business papers for Council