Council
29 May, 2026
BREAKING - NSW Councils Head Back To The Future
The code which controls the operation of council meetings in NSW has been sensationally scrapped by the State Parliament.
The code which controls the operation of council meetings in NSW has been sensationally scrapped by the State Parliament, setting up a political fight over transparency, livestreaming and the use of private council briefings.
The Legislative Council voted 20 votes to 14 on 26 May to disallow the Local Government (General) Amendment (Model Code of Meeting Practice) Regulation 2025.
The regulation, introduced by the Minns Government and implemented from January this year, required councils to livestream and record meetings, imposed new governance requirements around planning decisions and banned private council briefing sessions.
Greens Local Government spokesperson Amanda Cohn, who moved the disallowance motion, argued the code had created unintended consequences, particularly around restrictions on councillors participating remotely.
Speaking in Parliament, Dr Cohn said three councillors had resigned because the code prevented them from effectively performing their roles, while concerns had also been raised by regional councils about the practical impacts of the new rules.
The Government strongly opposed the disallowance.
After the vote, a furious Local Government Minister Ron Hoenig said the Upper House had effectively restored the ability for councils to hold private briefing sessions and overturned reforms designed to improve transparency and public confidence in local government. "The NSW Upper House has thrown the baby out with the bathwater" he said.
The Minister said the code had implemented recommendations from the Independent Commission Against Corruption, required councils to livestream meetings and publish recordings, and provided clearer powers for mayors to conduct meetings.
"Members of the Liberals and Nationals banded together with the Greens and Mark Latham to disallow the regulation that enacts the Code – completely disregarding the principles of open decision-making and recommendations of the ICAC to prevent corruption in local government," Minister Hoenig said.
Mr Hoenig said all 128 NSW councils would now face uncertainty as aspects of the code were wound back.
However, Dr Cohn told The Southern Wire after the vote that the Government had been aware of concerns about the code for six months and had failed to address them despite discussions with stakeholders.
In response to questions from The Southern Wire, Dr Cohn confirmed the matter did not require debate in the Legislative Assembly because either house of Parliament can disallow a regulation.
She also confirmed that provisions contained in recently adopted council codes which are not permitted under the previous 2021 model code would now be temporarily void.
One area likely to attract attention is councillor speaking times.
Under the 2025 code, councillors generally had five minutes to speak on agenda items. Under the previous framework councils had greater discretion to set speaking limits.
"Thirty seconds is not enough time for councillors to speak on agenda items," Dr Cohn said.
"Unfortunately the unintended effect of the new code was to prevent some councillors from participating altogether."
Dr Raymond Khoury, organiser of the Southern Highlands Community Forum told The Southern Wire "The 2025 code had many advantages to it. If speaking time is reduced that is an affront to democracy"
The Government has indicated it will consider options to reintroduce the reforms while addressing concerns raised by councils and elected representatives.
For now, NSW councils will revert to operating under the previous 2021 Model Code of Meeting Practice while the future of the reforms is determined.
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