Candidates for this weekend's council elections in NSW were required to disclose whether they are a property developer or a close associate.
The state government says this is due to action it has taken over the last six years to "progressively tighten the rules governing the disclosure and management of conflicts of interest by councillors and increase the penalties for breaches".
However, Labor wants to go further and is making another attempt in State Parliament to have legislation passed to ban property developers and real estate agents from being candidates.
A private member's bill, introduced by Labor, has passed the upper house and is awaiting debate in the lower house.
A developer is defined in both the current and proposed laws as a person or a corporation who carries out a business mainly concerned with the residential or commercial development of land, with the ultimate purpose of the sale or lease of the land for profit, and in the course of that business:
- One "relevant planning application" has been made by or on behalf of the individual or corporation and is pending, or
- Three or more "relevant planning applications" made by or on behalf of the individual or corporation have been determined within the preceding seven years
At present, council candidates are required to tick a box declaring whether or not they are a developer or a close associate.
The declaration is submitted with their nomination form, and is publicly available on the NSW Electoral Commission website.
Opposition spokesman on local government Greg Warren said it had been Labor Party policy for some time that property developers and real estate agents should not serve as councillors.
"Our party's rules ensure that they cannot be selected or endorsed as a candidate for council," he said.
"The Liberal and National Government should support the bill - it is essential for protecting the integrity of the decisions made by elected councils.
"Council representatives have access to planning information that the general public doesn't.
"Should a developer or real estate agent get their hands on that information, it presents all sorts of issues in terms of conflicts of interest."
The government is expected to oppose the bill in the lower house, although Local Government Minister Shelley Hancock is yet to say.
A spokesman for Mrs Hancock said, "Since 2015 the government has progressively tightened the rules governing the disclosure and management of conflicts of interest by councillors and increased the penalties for breaches".
"These measures are now enshrined in the Model Code of Conduct for Local Councils in NSW," he said.
"When the Office of Local Government consulted on the measures contained in the code, many councillors complained that they were being subjected to tougher ethical standards than elected officials at any other level of government, including the NSW Parliament."
The spokesman said "these tough standards are complemented by even tougher penalties".
"Councillors who breach their obligations to disclose their personal interests and remove themselves from any decision that could impact on those interests can be suspended for up to six months or disqualified from holding office on any council for up to five years-pretty tough penalties," he said.
"A councillor who repeatedly breaches their obligations and who has been suspended on three or more occasions for misconduct is automatically disqualified from being a councillor for five years.
"A councillor who personally profits from a breach of their obligations can be forced to hand over to their council any financial benefits they have received from that breach."
Mrs Hancock recently announced a comprehensive independent review of the NSW Model Code of Conduct, which is being conducted by Gary Kellar PSM, who was a member of an expert panel which examined the local government misconduct framework in Queensland.
Submissions close on March 28, 2022.
The consultation paper and further information on how to lodge a submission can be found at: https://www.olg.nsw.gov.au/councils/misconduct-and-intervention/review-of-councillor-misconduct-framework/