New councillors often misunderstand what they are required to do as councillors and what they can expect from council staff. It is important that all councillors understand the separation of powers between councillors and council staff.

Mayors and councillors, as the executive arm of local government, set the strategic direction of the council. Councillors have a strategic leadership role as they represent the interests and concerns of their local community.

They are not responsible for overseeing the work done by council staff. This is the responsibility of the council's chief executive officer (CEO). The administrative arm, led by the CEO, oversees the implementation of council’s decisions, policies and local laws.

The CEO must issue advice guidelines for the interaction between councillors and council staff. Advice guidelines are made by the CEO and give direction in the way a councillor can access advice from certain local government employees.

Anyone performing a responsibility under the Local Government Act 2009 (including mayors, councillors, CEOs and council employees) must apply the local government principles underpinning the Act.

The principles apply to all processes carried out, as well as to the results of those processes. The local government principles (s. 4 of the Act) are:

• transparent and effective processes, and decision-making in the public interest
• sustainable development and management of assets and infrastructure, and delivery of effective services
• democratic representation, social inclusion and meaningful community engagement
• good governance of, and by, local government
• ethical and legal behaviour of councillors and local government employees.

Legislation extracts

• Local Government Act – Giving directions to local government staff
  
  

  170 Giving directions to local government staff (1) The mayor may give a direction to the chief executive officer. Note— See section 258 for the prohibition on the mayor delegating this power. (2) However, no other councillor may give a direction to the chief executive officer. (3) No councillor, including the mayor, may give a direction to any other local government employee.

• Local Government Act – Requests by councillors for advice or information
  
  

  170A Requests by councillors for advice or information (1) A councillor may request a local government employee provide advice to help the councillor make a decision. (2) However, if the local government employee is not the chief executive officer, the request must comply with the advice guidelines. (3) The advice guidelines are guidelines, made by the chief executive officer, about the way in which a councillor is to ask a local government employee for advice to help the councillor make a decision. (4) If a councillor asks for help or advice from a local government employee other than under the advice guidelines, the employee must tell the chief executive officer about the request as soon as is practicable. (5) A councillor may, subject to any limits prescribed under a regulation, request the chief executive officer provide the councillor with information, that the local government has access to, relating to the local government area. Example of a limit prescribed under a regulation—— A regulation may prescribe the maximum cost to a local government of providing information to a councillor. (6) Subsection (5) does not apply to information— (a) that is a record of the regional conduct review panel; or (b) if disclosure of the information to the councillor would be contrary to an order of a court or tribunal; or (c) that would be privileged from production in a legal proceeding on the ground of legal professional privilege. (7) The advice guidelines are invalid to the extent the guidelines provides for a councillor or local government employee to decide, at the councillor or employee’s discretion— (a) when the guidelines apply; or (b) the way in which a request complies with the guidelines. (8) In this section a local government employee includes a person prescribed under a regulation. (9) The chief executive officer must make all reasonable endeavours to comply with a request made of the chief executive officer under this section. Maximum penalty for subsection (9)—10 penalty units.