Local Government Act 1993

The regulations may prescribe a procedure (the model procedure) for administering the model code.

The model procedure is to set out the procedures for dealing with alleged contraventions of the model code.

A council must adopt a procedure (the adopted procedure) that incorporates the provisions of the model procedure. The adopted procedure may include provisions that supplement the model procedure.

A council’s adopted procedure has no effect to the extent that it is inconsistent with the model procedure as in force for the time being.

Councillors, members of staff and delegates of a council must comply with the applicable provisions of—

the council’s adopted procedure, except to the extent of any inconsistency with the model procedure as in force for the time being, and

the model procedure as in force for the time being, to the extent that—

the council has not adopted the model procedure, or

the adopted procedure is inconsistent with the model procedure, or

the model procedure contains provisions or requirements not included in the adopted procedure.

This section applies to an administrator of a council (other than an administrator appointed by the Minister for Water, Property and Housing under section 66) in the same way as it applies to a councillor.