The department will be closed from Monday 23 December 2024 and will reopen on Thursday 2 January 2025. We will respond to queries in the new year. Best wishes for a safe and happy festive season.
Status: Regulations being developed
Commencement: To be confirmed
It proposed that local government will be able to resolve to pay superannuation to council members in addition to any other fees and allowances.
Prior to these reforms, if a local government wanted to offer superannuation to council members, it would need to go through the process of becoming eligible under Commonwealth legislation, which requires a unanimous council resolution.
The reforms streamline the resolution process and allow individual council members to 'opt out' of receiving superannuation, if they so choose.
This reform aims to encourage greater diversity of representation across local governments, as well as assisting in attracting and retaining council members. Superannuation payments for council members acknowledges the significant dedication and investment of time a council member commits to their role.
Status: Commenced
Commencement: 19 October 2023
Changes to the Act and the Administration Regulations allow for local governments to provide for the payment or reimbursement for council member professional development and training.
The payment or reimbursement of council member training must be made in accordance with the local government's policy under section 5.128 of the Act, as adopted by the local government.
Any payment or reimbursement for professional development must be related to the role of council or the role of the council member.
The payment of fees can be for a contribution towards the cost of undertaking the professional development or compulsory training. A local government's policy may allow for a council member to be paid a fee in advance for the undertaking of a degree that goes toward their costs.
Local governments need to amend their professional development policies made under section 5.128 of the Act to reflect changes.
No monetary limit is imposed in regulations. Each local government should have regard to what is the reasonable or appropriate use of the funds of the local government.
Commencement: 1 July 2023
Council members are now entitled to parental leave when themselves, or their spouse or de facto partner, either:
becomes the guardian or foster parent of a person under 16 years of age.
A council member is entitled to 6 months of parental leave beginning on the day on which the council member, or their spouse or de facto partner, gives birth, adopts or becomes a guardian or foster parent.
The Act does not allow for the period of parental leave to be deferred to a later date.
The period of parental leave can be less than 6 months if desired.
A council member does not need to apply for a leave of absence for their entitlement to take effect.
As the Act automatically provides for the entitlement, there is nothing required from a local government to implement the change.
Local governments are to be aware that while a council member is on parental leave, their office on council is not to be counted when determining quorum for a meeting.