At the Ordinary Council meeting held Tuesday 15 July a resolution was passed for the following and concluded, that Council:

1. provides public notice of its intention to adopt the attached draft Code of Meeting Practice for a period of not less than 28 days, and accept submissions for not less than 42 days; and

2. receives a report at the September ordinary meeting of Council concerning the draft Code of Meeting Practice, and any submissions received, for adoption.

Overview

Council is required to adopt a Code of Meeting Practice within the first 12 months of each term of Council.

Before adopting or amending such a Code the Council must give at least 28 days public notice of its intention to do so, it must consider any submissions made within the time allowed and make any appropriate changes to the draft policy or amendment.

The Office of Local Government (OLG) has issued a Model Code of Meeting Practice. The model code is designed to comply with all the requirements of the Local Government Act 1993, the Local Government (General) Regulation 2021 and the Guidelines. The draft code below is based upon the model code including incorporating the mandatory provisions of the model code. It also incorporates non-mandatory provisions (in red) and supplementary provisions (in green.)

Councillors participated in workshops on the existing Code of Meeting Practice and Model Code on 19 June 2025 and 2 July 2025, and resolved to release the attached code at the 15 July 2025 ordinary meeting.

Please see attached one draft that displays all changes to the existing Code, and the 2^nd draft marked “CLEAN” showing the final recommended Code of Meeting Practice.

Council is required under s252(1) Local Government Act 1993 to adopt the new code within the first 12 months of its term and will go to the September 2025 meeting for adoption.

Stated Requirements

Sections 360-362 of the Local Government Act 1993 state:

360 Conduct of meetings of Councils and Committees

1. The regulations may prescribe a model Code of Meeting Practice for the conduct of meetings of Councils and Committees of Councils of which all the members are Councillors.

2. The model code may contain both mandatory and non-mandatory provisions.

3. A Council must, not later than 12 months after an ordinary election of Councillors, adopt a Code of Meeting Practice that incorporates the mandatory provisions of the model code prescribed by the regulations. The adopted code may also incorporate the non-mandatory provisions and other provisions.

4. A code adopted or amended by the Council must not contain provisions that are inconsistent with the mandatory provisions.

5. A Council and a Committee of the Council of which all the members are Councillors must conduct its meetings in accordance with the Code of Meeting Practice adopted by it.

361 Preparation, public notice and exhibition of draft code

1. Before adopting a Code of Meeting Practice, a Council must prepare a draft code.

2. The Council must give public notice of the draft code after it is prepared.

3. The period of public exhibition must not be less than 28 days.

4. The public notice must also specify a period of not less than 42 days after the date on which the draft code is placed on public exhibition during which submissions may be made to the Council.

5. The Council must publicly exhibit the draft code in accordance with its notice.

362 Adoption of draft code

1. After considering all submissions received by it concerning the draft code, the Council may decide—

1. to amend those provisions of its draft mandatory code that are non-mandatory provisions, or

2. to adopt the draft code as its Code of Meeting Practice.

If the Council decides to amend its draft code, it may publicly exhibit the amended draft in accordance with this Division or, if the Council is of the opinion that the amendments are not substantial, it may adopt the amended draft code without public exhibition as its Code of Meeting Practice.

Make a submission

Council has placed this document on public exhibition for 28 days. Submissions can be made by completing the online form (below) including uploading any attachments or by email to ksc@kempsey.nsw.gov.au, handed into our customer service counter or mailed to:

The General Manager

Kempsey Shire Council

PO Box 3078

West Kempsey NSW 2440

This exhibition period closes, close of business Monday 18 August 2025.