Briefing ban: Mid North Coast councillors blocked by state from meeting with council staff

As of June, councillors on the Mid North Coast can no longer quietly ask staff questions before a vote and will instead have to submit all queries in writing, in a move one mayor says is undermining councillors’ ability to make “informed decisions” on complex local issues. 

What happened: New South Wales has banned councillors across the state from attending briefings with council staff to discuss items on upcoming meeting agendas.

In the past, councillors would attend briefings to ask questions and develop their understanding of a topic.

Why the change?: Previously, concerns were held that decisions were essentially being made in briefings behind closed doors, as opposed to during meetings in front of the public. 

• The Office of Local Government (OLG) said the rule change is part of an attempt to “improve transparency, integrity and public confidence” in council decision-making.

The detail: Mayors will still be allowed to have briefings with staff.

If councillors wish to ask staff questions or seek further information about items on the agenda for meetings, this information must be provided in writing and, where possible, published on the council’s website.

How did we get here: A newly produced set of rules for NSW council meetings was rejected by the Legislative Council in May, meaning councils have reverted to using the 2021 version of the rules.

However, new rules can’t formally be introduced yet, so the state has developed an interim set to “secure some of the policy objectives” of its preferred version - including the ban on briefings. 

Mayor not impressed: Bellingen mayor Steve Allan said the ban on briefings simply reduces councillors’ access to information. 

• “[Decisions] involve significant financial commitments, technical reports, legislative obligations, and long-term consequences for our community,” he said.
  
  “It's neither reasonable nor realistic to expect councillors to fully understand every technical aspect without the opportunity to ask questions and seek clarification beforehand.” 

The mayor said briefings were not being used to make decisions or provide a “substitute for debate”, and could be managed in a transparent manner.

Council says it has previously recorded and published councillor workshops and briefings in the name of transparency. 

What’s next: Council is now requesting a review of the new rules and briefings to be allowed with “appropriate safeguards” in place.