Councils must ensure major decisions are not made which would limit the actions of an incoming council.
Councils, general managers and other delegates of councils (other than a joint regional planning panel, a local planning panel or the Central Sydney Planning Committee) must not exercise the following functions during the caretaker period:
• Entering into any contract or undertaking involving the expenditure or receipt by the council of an amount equal to or greater than $150,000 or 1% of the council’s revenue from rates in the preceding financial year (whichever is the larger).
• Determining a “controversial development application”, except where a failure to make such a determination would give rise to a deemed refusal, or such a deemed refusal arose before the commencement of the caretaker period.
• Appointing or reappointing the council’s general manager (except for temporary appointments).
• In certain circumstances, these functions may be exercised with the approval of the minister.
“Controversial development application” means a development application for designated development under section 4.10 of the Environmental Planning and Assessment Act 1979 for which at least 25 persons have made submissions during community consultation.
Council officials must not use council resources, property (including intellectual property), and facilities for the purposes of assisting their election campaign or the election campaign of others unless the use is lawfully authorised and proper payment is made where appropriate.
In the 40 days preceding the election, councils need to consider whether their publications could amount to an “electoral matter”.
Council officials must use council resources lawfully, ethically, effectively and carefully keeping in mind the council’s code of conduct and other policies such as the policy on the payment of expenses and the provision of facilities to mayors and councillors.
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