AGY-6974 | Office of Local Government [I]

Full description

The Office of Local Government [I] was created on 24 February 2014, when the Division of Local Government in the Department of Premier and Cabinet was effectively abolished and its functions were transferred to the Office. The Office of Local Government was a public service executive agency related to the Department of Premier and Cabinet, and responsible to the Minister for Local Government. (1)

The Office of Local Government’s principal function was to regulate local government across NSW. The Office’s organisational purpose was “to 'Strengthen Local Government' and its organisational outcome” was 'Fit for the future councils leading strong communities'. The Office had “a policy, legislative, investigative and program focus in matters ranging from Local Government finance, infrastructure, governance, performance, collaboration and community engagement”. The Office worked collaboratively with the Local Government sector and was the key adviser to the NSW Government on Local Government matters. (2)

The Office administered the Local Government Act 1993 (Act No.30, 1993) and Regulations. The Office also administered the: City of Sydney Act 1988 (Act No.48, 1988); Companion Animals Act 1998 (Act No.87, 1998) and Regulations; and the Swimming Pools Act 1992 (Act No.49, 1992) and Regulations; and the Impounding Act 1993 (Act No.31, 1993). (3)

The Office of Local Government supported the Lord Howe Island Board, which was established by the Lord Howe Island Act 1953 (Act No.39, 1953) and was responsible to the Minister for the Environment. The Board prepared a separate annual report under its legislation. The Office provided “advice and support to the Board, as necessary, and” acted “as the liaison between the Board staff and the office of the Minister for the Environment, and other State government agencies as required”. (4)

On 23 April 2014, the Office became related to the Department of Planning and Environment, but continued to be responsible to the Minister for Local Government. (5)

The Local Government Amendment (Elections) Act 2014 (Act No.80, 2014) amended the Local Government Act 1993 in a number of respects concerning elections to civic office, most notably by enabling count-backs to be held instead of by-elections in certain circumstances, and allowing certain elections to be conducted by postal voting.

The Local Government (General) Amendment (Elections) Regulation 2015 amended the Local Government (General) Regulation 2005 to provide that electors of the City of Sydney were “to be automatically qualified for postal and pre-poll voting, and requiring the NSW Electoral Commissioner and general managers as election managers to report on certain information”. (6)

The Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015 (Act No.37, 2015) amended the Local Government Act in order to “reform the legislative scheme for addressing councillor misconduct and poor performance and council maladministration, by, in particular, streamlining processes, improving the effectiveness of performance improvement orders and providing additional relevant powers to the Minister and the Chief Executive of the Office of Local Government”. (7)

As of 30 June 2017, the Office operated as the following five groups: Policy and Sector Development; Sector Performance and Intervention; Business Services Group; Legal; and the Reform Group. (8)

On 1 July 2019 persons employed in the Office of Local Government [I were transferred to the Department of Planning, Industry and Environment. The Office of Local Government was then abolished the same day. (9)

Endnotes
1. Administrative Arrangements Order 2014 (2014 No.11) clss.4, 6 (2), 9 (3); notified on NSW Legislation Website, 29 January 2014; Office of Local Government Annual Report 24 February-30 June 2014, p.3.
2. Office of Local Government Annual Report 2014-2015, p.4; ‘About Us’ from the Office of Local Government Website, http://www.olg.nsw.gov.au/about-us (accessed 17 July 2017).
3. Loc. cit. ; ‘Acts and Regulations’ from the Office of Local Government Website, http://www.olg.nsw.gov.au/councils/acts-and-regulations (accessed 17 July 2017).
4. Loc. cit.
5. Administrative Arrangements (Administrative Changes-Ministers and Public Services Agencies) Order 2014 (2014 No.233) clss.4 (4), (7), (9); notified on NSW Legislation Website, 23 April 2014.
6. Office of Local Government Annual Report 2014-2015, op.cit., p.17.
7. Office of Local Government Annual Report 2015-2016, p.17; The Local Government Amendment (Councillor Misconduct and Poor Performance) Bill 2015, Explanatory Note, p.1 from the Parliamentary Counsel's Office Website, Legislation, https://www.legislation.nsw.gov.au/bills/595f788f-edde-4bc0-bd8e-02e4ed2e4306 (accessed 28/05/2018).
8. Office of Local Government Annual Report 2016-2017, pp.4-5.
9. Administrative Arrangements (Administrative Changes - Public Service Agencies) Order 2019 (2019 No 159), cl. 13; NSW Legislation Website, 2 April 2019.