Federal Municipal Council Code of Conduct

You must not behave in a way that:

• Brings the Federal Municipal Council or other council officials into disrepute.

• Contravenes statutory requirements, administrative requirements or policies.

• Is improper or unethical.

• Abuses power.

• Involves intimidation or verbal abuse.

• Misuses your position to obtain a private benefit.

• Constitutes harassment or bullying behaviour under this code, or is unlawfully discriminatory.

 

You must act lawfully, honestly and exercise a reasonable degree of care and diligence in carrying out your role at Federal Municipal Council.

You must address issues consistently, promptly, and fairly. Ensure that you handle matters according to established procedures and in a non-discriminatory manner.

​

You must consider all relevant facts known to you, or that you should reasonably be aware of, and take into account the specific merits of each case. Avoid considering irrelevant matters or circumstances when making decisions.

​

An act or omission made in good faith, even if it involves an error, will not be considered a breach.

You must not engage in or support any form of harassment or unlawful discrimination against others based on age, disability, race (including colour, national or ethnic origin, or immigrant status), sex, pregnancy, marital or relationship status, family responsibilities or breastfeeding, sexual orientation, gender identity or intersex status, or political, religious, or other affiliation.

​

For the purposes of this code, "harassment" is defined as any behaviour towards a person that:

• is unwelcome by the person,

• offends, humiliates, or intimidates the person, and

• creates a hostile work environment.

You must not engage in bullying behaviour towards others.

​

For the purposes of this code, "bullying behaviour" is defined as any behaviour where:

• A person or a group of people repeatedly behaves unreasonably towards another person or group of people, and

• The behaviour creates a risk to health and safety, including psychological safety.

 

Bullying behaviour may include, but is not limited to:

• Aggressive, threatening, or intimidating conduct.

• Belittling or humiliating comments.

• Facilitating the spread of harmful rumours and gossip.

• Teasing, practical jokes, or initiation ceremonies.

• Exclusion from work-related events.

• Unreasonable work expectations, including too much or too little work, or work below or beyond a worker's skill level.

• Displaying offensive material.

• Pressuring someone to behave in an inappropriate manner.

 

Reasonable management actions carried out in a professional manner do not constitute bullying behaviour under this code. Examples of reasonable management actions include:

• Performance management processes.

• Disciplinary action for misconduct.

• Informing a worker about unsatisfactory work performance or inappropriate behaviour.

• Directing a worker to perform duties in line with their job.

• Maintaining reasonable workplace goals and standards.

• Legitimately exercising a regulatory function.

• Implementing council policies or administrative processes in a legitimate manner.

All council officials, including councillors, have statutory duties under the Work Health and Safety Act (WHS Act). You must comply with your duties under the WHS Act and follow any policies or procedures adopted by Federal Municipal Council to ensure workplace health and safety. Specifically, you must:

• Take reasonable care for your own health and safety.

• Ensure that your actions or omissions do not negatively impact the health and safety of others.

• Comply, as far as you are reasonably able, with any reasonable instructions given to ensure compliance with the WHS Act and any council policies or procedures related to workplace health and safety.

• Cooperate with any reasonable policy or procedure of Federal Municipal Council related to workplace health or safety that has been communicated to council staff.

• Report accidents, incidents, and near misses to the General Manager or another designated staff member and participate in any incident investigations.

• As far as is reasonably practicable, consult, cooperate, and coordinate with all others who have a duty under the WHS Act regarding the same matter.

You must follow the rulings made by the chair during council and committee meetings or any other council proceedings, unless a motion to dissent from the ruling is passed.

 

You must not engage in bullying behaviour (as defined in this document) towards the chair, other council officials, or any members of the public present during council or committee meetings, or any other council proceedings such as workshops and briefing sessions.

 

You must not engage in any conduct that disrupts council or committee meetings or any other council proceedings, including workshops and briefing sessions, or that is inconsistent with the orderly conduct of meetings.

A pecuniary interest is an interest that could result in a financial gain or loss for you or certain related persons. You do not have a pecuniary interest if the interest is too remote or insignificant to influence your decisions.

​

You have a pecuniary interest if it is your own interest, or the interest of your spouse, de facto partner, relative, partner, employer, or a company you are associated with. Relatives include a wide range of family members, and a de facto partner.

Certain interests do not need to be disclosed, such as interests as an elector, ratepayer, or member of a club, among others.

​

Designated persons, including senior council staff and committee members, must disclose their pecuniary interests in writing to the General Manager. They must also submit written returns of interests periodically.

​

Council staff and committee members must disclose pecuniary interests in matters they are dealing with as soon as they become aware of them. These disclosures must be recorded and dealt with appropriately.

​

Council committee members must disclose pecuniary interests at meetings and must not be present during discussions or votes on matters they have an interest in, unless allowed by the Minister for Local Government.

Non-pecuniary interests are private or personal interests that do not involve financial gain or loss but could influence your official duties. These interests often arise from family, personal relationships, or involvement in various groups and associations.

 

A non-pecuniary conflict of interest exists when a reasonable person would perceive that your private interest could influence your official actions. Personal or political views do not count as private interests.

 

You must identify, disclose in writing, and manage any non-pecuniary conflicts of interest to maintain public trust in Federal Municipal Council decision-making. The significance of the conflict determines how it should be managed. Significant conflicts require you to either not participate in the matter or manage it as if it were a pecuniary interest.

​

If the conflict is not significant, you must explain in writing why it does not require further action. Decisions on managing conflicts should be made in consultation with your manager or the mayor.

​

The Minister for Local Government can allow a council committee member with a conflict to participate in meetings if it serves the public interest, but the member must still disclose their interest.

​

Council staff must not engage in outside employment that conflicts with their duties without approval. Any outside work must not use confidential information, require work during council duty, or pose health and safety risks.

​

When dealing with the council in a personal capacity, you must not seek preferential treatment and must manage any conflicts of interest appropriately.

A gift or benefit is something offered to or received by a council official, or someone associated with them for personal use and enjoyment. However, items valued at $10 or less, political donations, gifts for cultural exchanges, benefits provided by the council, attendance at work-related events, and free or subsidised meals and refreshments are not considered gifts or benefits under this part.

​

Council officials must avoid situations where gifts, benefits, or hospitality could be seen as attempts to secure favourable treatment. Any gift or benefit received must be disclosed in writing to the manager or General Manager and recorded in the council’s gift register.

​

Officials must not seek or accept bribes, gifts, or benefits that create a sense of obligation or influence their duties. Gifts or benefits of more than token value (over $50) must not be accepted, and any such gifts that cannot be refused must be surrendered to the council.

​

Token value gifts (up to $50) can be accepted, but officials must not accept multiple gifts from the same source within a 12-month period if their combined value exceeds $50. Cash-like gifts, such as gift vouchers or credit cards, are not allowed.

​

Officials must not use their position to influence others for personal benefit or take advantage of their status to gain private benefits.

Councillors and administrators form the governing body of the council, responsible for developing and endorsing strategic plans, programs, and policies, and reviewing the council's performance. They must not direct council staff except through the General Manager or authorised procedures and must avoid influencing staff in their duties.

​

Council staff, led by the General Manager, are responsible for the day-to-day management of the council, implementing decisions, and providing support to councillors. Staff must focus on council business, work ethically and efficiently, follow lawful directions, and ensure political activities do not interfere with their duties.

​

Inappropriate interactions include councillors or staff discussing individual or operational matters outside authorised channels, being overbearing or threatening, making personal attacks, or directing staff improperly. Staff must document advice given to councillors and avoid private meetings with applicants or objectors outside office hours.

The General Manager is responsible for ensuring councillors and administrators have access to the information they need to perform their duties. Staff must provide timely and sufficient information to councillors and administrators, and any information given to one councillor must be made available to others upon request. Councillors with a conflict of interest cannot access related information unless it is publicly available.

​

If access to information is refused, the General Manager or public officer must provide reasons, considering the necessity of the information for official functions and any conflicts of interest.

​

Council officials must only use council information for council business, protect confidential information, and comply with privacy laws. They must use council resources ethically and not for private purposes unless authorised. Union delegates may access resources for industrial responsibilities.

​

Officials must avoid actions that could appear as misuse of council property or resources, and must not use them for election campaigns unless publicly available for hire. They must not convert council property for personal use without authorisation.

​

Internet use must not involve accessing or communicating offensive or illegal material. All information created or received in an official capacity is a council record. Councillors must not enter staff-only areas without approval and must avoid influencing staff decisions.

You must not make or threaten to make complaints alleging a breach of this code for improper purposes, such as bullying, gaining political advantage, or disrupting council functions. Complaints made for these reasons are considered trivial, frivolous, or not in good faith.

​

Detrimental actions, such as harassment or discrimination, must not be taken against anyone in reprisal for making a complaint.