News
17 June, 2026
NCAT overwhelmed with ‘trivial and vexatious’ complaints
The NSW Civil and Administrative Tribunal (NCAT) has been overwhelmed with “trivial and vexatious complaints” against local government councillors according to the NSW Government.
The NSW Civil and Administrative Tribunal (NCAT) has been overwhelmed with “trivial and vexatious complaints” against local government councillors, according to the NSW Government.
The Government is reforming the current Councillor Conduct Framework to set clearer standards, strengthen accountability and build confidence in local government decision-making.
It says the number of complaints being made under the current framework is leading to delays in complaint resolution and “undermining confidence in local democracy”.
The proposed reforms were foreshadowed in a September 2024 discussion paper titled ‘Councillor Conduct and Meeting Practices – A New Framework’ and will be introduced in two stages starting later this year.
Under the reforms, less serious complaints of unsatisfactory councillor conduct will be heard by a new Privileges Committee made up of experienced mayors and councillors.
Accusations of more serious misconduct will be investigated by the Office of Local Government and – where appropriate – referred to the Land and Environment Court (LEC).
The LEC will have the power to suspend councillors and to make disciplinary orders “requiring the payment of a civic penalty”.
Complaints are currently heard by NCAT but the LEC is considered to provide a more procedurally robust process for dealing with ‘rogue’ councillors whose behaviour and actions present a risk to other councillors, council staff and the community.
As part of the reforms, the existing Model Code of Conduct for Local Councils in NSW will be split into two with a dedicated code for councillors and a separate code for council staff, delegates and committee members.
Breaches of the councillor code will be managed under the new conduct framework.
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