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Newcastle Herald
Newcastle Herald
Dylan Nicholson

'Ludicrous': why Hunter council wants bureaucratic briefing ban reviewed

Upper Hunter Shire Council is urging the NSW government to review new meeting regulations it says could stop councillors from getting the detailed briefings they need.

Councils across the state made it clear the changes were impractical and could weaken good governance.

The Local Government (General) Amendment (Meetings) Regulation 2026 came into effect on June 26, bringing in a series of mandatory changes for councils across the state.

Those changes include a requirement to livestream council and committee meetings and stronger powers to manage disorderly conduct.

Upper Hunter Shire Council already livestreams its meetings, but it is concerned about a separate change it says will restrict councillor briefings.

Under the new rules, councillors other than the mayor or meeting chair are barred from meeting with council staff before a council or committee meeting to discuss matters that are, or are likely to become, agenda items.

Councillors can request additional information ahead of a meeting, but the council argues that process falls short of the detailed discussion often needed to properly understand complex matters.

Mayor Maurice Collison said the council backed measures that made local government more open, but argued transparency and informed decision-making needed to go hand in hand.

"Council supports measures that improve transparency and accountability, including livestreaming meetings and making recordings available to the community," Cr Collison said.

"But it is ludicrous to suggest that council could be required to consider a major planning or infrastructure matter while councillors are prevented from undertaking a site inspection beforehand, unless the inspection forms part of a formal meeting or is effectively opened to the entire community.

"Site inspections, briefings and workshops allow councillors to see issues firsthand, ask questions and properly understand complex operational, financial and strategic matters.

"They are not decision-making forums, but they are essential to informed decision-making."

Cr Collison said councils had already raised concerns when similar restrictions were first proposed, and questioned why the government had reintroduced them.

"What problem is the minister attempting to solve?" he said.

"Councils across NSW made it clear when these changes were first proposed that the restrictions were impractical and could weaken good governance.

"Despite the previous regulation being disallowed by the NSW Parliament, the government has returned with substantially similar restrictions."

The briefing ban traces back to the 2025 Model Code of Meeting Practice, which the state government said was designed to ensure council decisions were made in full public view rather than behind closed doors.

A related regulation was disallowed by the NSW Legislative Council in May this year after councils raised concerns about provisions including limits on attending meetings by video link and restrictions on public forums.

Local Government Minister Ron Hoenig has previously defended the briefing ban as a key plank of the government's push for more open council decision-making.

Responding to the May disallowance, Mr Hoenig said the code that introduced the ban, along with mandatory livestreaming of meetings and stronger powers for mayors, was meant to ensure meetings were "conducted in a dignified manner and in the full view of the public."

A similar rule returned in the regulation that commenced in June.

When the broader meeting code changes were first announced in 2025, Mr Hoenig said the goal was to ensure "mechanisms are in place to prevent the derailing of meetings and overshadow the important work of local government."

Upper Hunter Shire Council is seeking a review of how the provisions are operating, urging regulators to consider changes that would let structured councillor briefings, workshops and site inspections continue under appropriate transparency and governance safeguards.

"There needs to be a sensible balance between transparency and ensuring councillors have the information they need to make sound decisions on behalf of their communities," Cr Collison said.

"Our request is not about weakening accountability. It is about ensuring these reforms do not unintentionally reduce the quality, efficiency and clarity of council decision-making."

The council will write to the Minister for Local Government, the Premier, the Member for Upper Hunter, Local Government NSW and neighbouring councils outlining its concerns and seeking their support.

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