A guide to the information required by a councillor to carry out their functions

The law has long recognised the right of councillors to see documents it is necessary for them to see, “in order to exercise his office as a councillor”, and courts may enforce that right by mandamus: Styles v Wollondilly Shire Council [2001] NSWLEC 18.

The extent of information required by a councillor to carry out their functions is often not well understood.

Councillors make up the governing body of Council (see s222 of the Local Government Act 1993 – Act) which is responsible for directing and controlling the affairs of the Council (s223) including (among other things) determining the senior staff positions within the Council, and to ensure the council acts honestly, efficiently and appropriately.

As the governing body is made up of anywhere from 7 to 15 Councillors it is obvious that individual Councillors being well informed is a prerequisite to the governing body being well informed. In fact the Act requires each Councillor to be an active and contributing member to the governing body (see S232(a)). Each councillor is required to make considered well informed decisions (s232(b)).

Each Councillor must act honestly and exercise a reasonable degree of care and diligence in carrying out his or her functions under this or any other Act (see S439 Act).

The proper way to interpret the Act with regard to a Councilor’s obligations is to say that a Councillor must act with reasonable care and diligence to endeavour to be well informed so that if necessary they can bring to the governing body for consideration any issues which concern the affairs of Council. The affairs of a Council includes it’s policies and operations. Councillors can raise, and therefore seek information with regard to, any issue which may reflect on the Council acting efficiently and appropriately. By inclusion of the word act in s 223 the legislation incorporates all of Council’s actions (i.e. its operations as well as it’s policy decisions) within the matters which Councillors must have regard to when carrying out their functions.

·         Therefore a Councillor can seek any information which they reasonably believe might concern the affairs of Council and about which the governing body should be informed. An issue does not already have to be an agenda item for a Council meeting before a Councillor can seek information.

·         A General Manager is required by the Act (s335(f)) to ensure councillors  are given timely information and advice and the administrative and professional support necessary to effectively discharge their functions…

*This Guide is not legal advice.