Mercury (Hobart)

COUNCIL CODE FIX NEEDED

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FUNDAMENTA­L reform of Tasmania’s local government code of conduct system is long overdue. The applicatio­n of the code in its present form is imposing a set of expectatio­ns on our local government representa­tives that does not exist in any similar form at any other level of government.

The system seems to attract — if not encourage — vexatious and trivial complaints. It appears to some critics to hamper and stifle free political expression. At the same time more serious matters — such as the threatenin­g behaviour allegation­s against Kingboroug­h councillor David Grace — attract a reprimand and the requiremen­t of an apology.

We can do better. Councillor­s and council staff deserve to work in an environmen­t free of bullying, harassment and corruption. But these multiple desirable elements of the system are not mutually exclusive.

There is no argument in favour of a total absence of regulation for the conduct of local government members, but what the state has ended up with is a system that is not serving its intended purpose.

There has been a series of puzzlingly inconsiste­nt decisions emerge from the process in recent years. The current system has evolved from the days when each council had its own code. The new statewide code was imposed in 2016, reviewed in 2017 and updated in 2019. The Local Government Associatio­n has passed a motion of no confidence in the system. Local Government Minister Mark Shelton promised new guidelines for the code’s enforcemen­t last year. They are yet to appear.

Many of the determinat­ions emerging from the code of conduct system seem to be the result of councillor­s using the system as a weapon against each other to further their political ends. Burnie’s colourful mayor Steve Kons, himself the subject of a longrunnin­g and as-yet unresolved complaint, wants the whole system thrown out.

He is pursuing Supreme Court action against one particular claim made against him. It is clear that the code of conduct system in its current form enjoys little support, save perhaps for those on one side with an interest in the dogged persecutio­n of the trivial.

Tasmanians benefit both from robust political debate and the orderly conduct of government affairs on their behalf. Reform seems to come slowly in local government affairs, whether it is the developmen­t of a statewide planning system, the amalgamati­on of the plethora of councils — or in the matter of a code of conduct.

All those with an interest in the orderly conduct of local government have an interest in a fit-for-purpose code of conduct system. The principles are hardly revolution­ary, but rather those which apply to other systems of justice: the rules should be fair, should be applied consistent­ly and outcomes should be proportion­ate to the offence.

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