New South Wales Consolidated Acts

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Content of model code

440AAA Content of model code

(1) A model code of conduct prescribed by the regulations under section 440 may relate to any conduct (whether by way of act or omission) of a person to whom the code applies in carrying out his or her functions that is likely to bring a council or holders of civic office into disrepute.
(2) In particular, a model code may contain provisions for or with respect to the following conduct--
(a) conduct that contravenes all or specified provisions of this Act or the regulations in all or specified circumstances,
(b) conduct that is detrimental to the pursuit of the guiding principles and functions of a council,
(c) improper or unethical conduct,
(d) abuse of power and other misconduct,
(e) action causing, comprising or involving any of the following--
(i) intimidation, harassment or verbal abuse,
(ii) discrimination, disadvantage or adverse treatment in relation to employment,
(iii) prejudice in the provision of a service to the community,
(f) conduct of a councillor causing, comprising or involving any of the following--
(i) directing or influencing, or attempting to direct or influence, a member of the staff of the council or a delegate of the council in the exercise of the functions of the member or delegate,
(ii) an act of disorder committed by the councillor at a meeting of the council or a committee of the council,
(g) disclosure of pecuniary interests.
(3) The model code provisions relating to disclosure of pecuniary interests are to make provision for or with respect to the following--
(a) the manner and form of disclosures of pecuniary interests,
(b) the pecuniary interests that must, or that are not required to be, disclosed,
(c) returns listing pecuniary interests, the form of returns and lodging of returns,
(d) disclosures of pecuniary interests at council or committee meetings,
(e) presence and participation at council meetings by persons who have relevant pecuniary interests,
(f) conduct of meetings and other actions if a disclosure of a pecuniary interest is made,
(g) prohibiting disclosing, or including in a return, false or misleading information relating to pecuniary interests,
(h) records of disclosures of pecuniary interests.
(4) Nothing in this section limits the matters that may be included in a model code of conduct.

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