Councillors make formal decisions about policy and direction in council meetings, as part of a group. Councillors are required to attend meetings regularly and vote on all matters coming before a meeting. The mayor has the extra responsibility of chairing the meeting. All voting is open – there are no secret ballots. Councillors usually vote by a show of hands. A failure to vote is counted as a vote in the negative.

All councillors must attend ordinary meetings and must advise council if they plan to be absent for an extended period.

The framework for meetings is set by:

• the Local Government Act 2009
• the Local Government (Operations) Regulation 2010
• a local government's Local Laws
• subordinate local laws (Standing Orders)
• commonsense.

The Local Government (Operations) Regulation 2010 requires a majority vote be obtained at a properly convened meeting, or that decisions be made pursuant to a power of delegation granted by the local government.

Agenda management and minutes recording

Agenda, minutes and the actual decisions taken by councils are arguably the most important records of local governments. Well-prepared agendas, orderly meetings and minutes which accurately reflect the proceedings of councils and their committees, are essential to the objectives of council as an effective, efficient and accountable system of government.

Access to council minutes promotes community awareness of the affairs of local government and council decisions and deliberations.

Members of the public can contact their local council to access a copy of the most recent agenda and minutes, or access a council website via the Department of Local Government and Planning’s Local Government Directory.

Legislation

• Local Government (Operations) Regulation 2010
  • Quorum at meetings
    
    

    56 Quorum at meetings (1) A quorum of a local government is a majority of its councillors. (2) However, if the number of councillors is an even number, one-half of the number is a quorum.

  • Procedure at meetings
    
    

    57 Procedure at meetings (1) Business may be conducted at a meeting of a local government only if a quorum is present. (2) At a meeting of a local government— (a) voting must be open; and (b) a question is decided by a majority of the votes of the councillors present; and (c) each councillor present has a vote on each question to be decided and, if the votes are equal, the councillor presiding has a casting vote; and (d) if a councillor present fails to vote, the councillor is taken to have voted in the negative.

  • Minutes
    
    

    69 Minutes (1) A local government’s chief executive officer must ensure minutes of each meeting are taken under the supervision of the person presiding at the meeting. (2) Minutes of each meeting must include— (a) the names of councillors or committee members present at the meeting; and (b) if a division is called on a question—the names of all persons voting on the question and how they voted. (3) At each meeting, the minutes of the previous meeting must be— (a) confirmed by the councillors or committee members present; and (b) signed by the person presiding at the later meeting. (4) A copy of the minutes of each meeting— (a) must be available for inspection by the public, at a local government’s public office and on its website, within 10 days after the end of the meeting; and (b) when the minutes have been confirmed—must be available for purchase at the local government’s public office. (5) The price for purchasing the minutes must not be more than— (a) the cost to the local government of having the copy printed and made available for purchase; and (b) if the copy is supplied to a purchaser by post—the cost of postage. (6) This section does not apply to a committee to which a local government has, by resolution, exempted from the requirement to keep minutes of its proceedings. (7) A local government may only exempt a committee under subsection (6) if the committee’s only function is to advise, or otherwise make a recommendation to, the local government. (8) Also, a committee which has been exempted under subsection (6) must give the local government a written report of its deliberations and its advice or recommendations.

  • Public notice of meetings
    
    

    74 Public notice of meetings (1) A local government must, at least once in each year, publish in a newspaper circulating generally in its area a notice of the days and times when its ordinary meetings, and the ordinary meetings of its standing committees, will be held. (2) The local government must display in a conspicuous place in its public office a notice of the days and times when— (a) its meetings will be held; and (b) meetings of its committees will be held. (3) The local government must immediately notify any change to the days and times mentioned in subsection (1) or (2) in the same way as the days and times were previously notified (4) A list of the items to be discussed at a meeting mentioned in subsection (2) must be open to inspection at the time the agenda for the meeting is made available to councillors. (5) Subsection (4) does not affect the right to discuss or deal with, at any meeting, items arising after the agenda for the meeting is made available to councillors.

  • When a councillor’s office becomes vacant
    
    

    162 When a councillor’s office becomes vacant (1) A councillor’s office becomes vacant if the councillor— (a) is dismissed; or (b) ceases to be qualified to be a councillor under division 1; or (c) is found, on a judicial review, to be ineligible to continue to be a councillor; or (d) does not comply with section 169; or (e) is absent, without the local government’s leave, from 2 or more consecutive ordinary meetings of the local government over at least 2 months; or (f) resigns as a councillor by signed notice of resignation given to the chief executive officer; or (g) dies; or (h) becomes a local government employee. (2) A local government employee does not include— (a) a person employed under a federally funded community development project for Aborigines or Torres Strait Islanders; or (b) a person prescribed under a regulation.

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