Given concerns raised regarding Noosa Council’s standing orders and proposed changes, the following response was provided by the Minister for Housing, Local Government and Planning and Minister for Public Works, Hon Meaghan Scanlon:
The Department of Housing, Local Government, Planning and Public Works advises that Standing Orders are not a mandatory requirement under the Local Government Act 2009 (LG Act) or the Local Government Regulation 2012 (LG Regulation); they are a policy document.
The Department does provide template Standing Orders to assist councils should they wish to adopt a set that aligns to the current version of the Model Meeting Procedures (MMPs) approved for council use in accordance with section 150F of the LG Act, however, they are optional for councils to adopt, and some councils do not have Standing Orders in place.
As a matter of practice only, they should align with the local government principles set out in Section 4 of the LG Act, which underpin the system of local government, and apply to both councillors and council employees, including the CEO.
Local governments are also able to adopt additional procedures outside of the MMPs, provided they are not inconsistent with them. Section 150G of the LG Act is relevant here:
150G Adopting meeting procedures
(1) A local government must either—
(a) adopt the model procedures; or
(b) prepare and adopt other procedures for the conduct of its meetings and meetings of its committees.
(2) If the local government prepares and adopts procedures under subsection (1) (b) —
(a) the procedures must not be inconsistent with the model procedures; and
(b) if there is an inconsistency, the local government is taken to have adopted the model procedures to the extent of the inconsistency.
Other than the requirements of the LG Act and the LG Regulation, each council can decide how its meetings will be conducted. The degree of formality and procedural complexity is up to each council to determine.
An item of business not within a council agenda may still be raised by a councillor from the floor in a council meeting or in general business, and Noosa Shire Councils’ Standing Orders, in clause 1.4, also permit them to be suspended by resolution of the relevant meeting of council, and in this way items of business may be dealt with in a different way if necessary.
What the Noosa Council is proposing seems to fall within the definition of “other procedures” under section 150G.
Further information
For information on Council’s proposed changes to their Standing Orders, please see minutes from Council’s General Committee Meeting 16 September 2024, and Ordinary Meeting 19 September 2024. All Council meeting information can be accessed at www.noosa.qld.gov.au/about-council/councillors-meetings/council-meetings-minutes
For queries regarding oversight of local government, please see www.sandybolton.com/oversight-of-local-government/
For Noosa Councillor contact information, please see www.noosa.qld.gov.au/about-council/councillors-meetings/mayor-and-councillors or to contact the CEO or other Council staff, please email mail@noosa.qld.gov.au
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