The Ombudsman has published a final investigation report in relation to a council’s failure to comply with public consultation requirements.
Insights
Public consultation is a legislative requirement for many administrative and policy-making decisions. Fulsome public consultation improves the quality of decisions and increases public trust in government.
Councils are reminded to follow the legislative requirements for public consultation set out in the Local Government Act 1999 and associated public consultation policies. Councils should also consider whether, beyond the minimum legislative requirements, additional steps should be taken to ensure meaningful and transparent engagement occurs in informing important policy and administrative decisions.
Investigation
The Minister for Local Government referred a matter for investigation to the Ombudsman under section 272 of the Local Government Act. The Minister asked the Ombudsman to investigate whether the District Council of Cleve contravened the Local Government Act by failing to hold a public consultation meeting in relation to the council’s draft 2024-25 Annual Business Plan. Section 123(4) of that Act requires councils to follow the steps set out in its public consultation policy prior to adopting an Annual Business Plan, and provides minimum requirements to be included in a public consultation policy.
The council released its draft 2024/2025 Annual Business Plan for public consultation by uploading the documents to its website and social media and placing public notices in newspapers. The council invited written submissions but, following legal advice about its public consultation obligations, did not hold a public meeting about the draft Plan.
Outcome
The Ombudsman formed the view that the council had failed to comply with section 123(4) of the Local Government Act by not holding a public meeting as part of its public consultation process. The Ombudsman noted that the relevant provision is somewhat ambiguous and therefore acknowledged that the council acted reasonably in seeking legal advice on the matter.
The Minister has commenced a process for establishing a community engagement charter and legislative reform aimed at resolving the ambiguity of the provisions considered in this investigation.
