It is important to understand that each local government is constituted by the councillors who are elected or appointed under the Local Government Act 2009 (the Act).
Unlike state or federal parliament there is no formal or legitimised role for an 'opposition' party.
Decisions of council are taken by a majority vote of all the elected councillors. In other words, a decision carried by a majority of votes at a council meeting (at which a quorum is present), is considered to be a decision of council. The councillor presiding over a council meeting (usually the mayor) can, in the case of a tied vote, exercise a casting vote.
From time to time councillors will find themselves in the 'minority' on a particular issue and their support for, or opposition to, a particular motion is not carried by a majority of their colleagues on council.
While robust debate and exchanges of ideas are the hallmarks of any healthy democracy, once a decision is taken by council, councillors should not seek to undermine it. Councillors need to act appropriately and with integrity within the democratic process.
Often decision-making involves the allocation of scarce resources to meet the competing needs of the community. Councillors will be lobbied by various groups to try and persuade support for their point of view. It is inevitable that, on some issues, some individuals or groups will view themselves as either 'winners' or 'losers', depending on the outcome of council's decision.
In making decisions, it is important councillors realise they are elected to represent the overall public interest of the whole local government area, regardless of whether the local government area is ‘divided’ or ‘undivided’ . Under the Act,mayors and councillors must apply the local government principles when they make decisions.
Legislation extract
Local Government Act 2009: Four local government principles underpin this Act
4 Local government principles underpin this Act
(1) To ensure the system of local government is accountable, effective, efficient and sustainable, Parliament requires—
(a) anyone who is performing a responsibility under this Act to do so in accordance with the local government principles; and
(b) any action that is taken under this Act to be taken in a way that—
(i) is consistent with the local government principles; and
(ii) provides results that are consistent with the local government principles, in as far as the results are within the control of the person who is taking the action.
The local government principles are—
(a) transparent and effective processes, and decision-making in the public interest; and
(b) sustainable development and management of assets and infrastructure, and delivery of effective services; and
(c) democratic representation, social inclusion and meaningful community engagement; and
(d) good governance of, and by, local government; and
(e) ethical and legal behaviour of councillors and local government employees.
Local Government Act 2009: 12 responsibilities of councillors
12 Responsibilities of councillors
(6) When performing a responsibility, a councillor must serve the overall public interest of the whole local government area.