From the Newsroom
How a Council functions
Rodney Stevens
Councils were first incorporated in NSW in 1842 when Sydney was declared a city and 29 District Councils were established under the provisions of the Imperial Act of 1842, which covered both the NSW Government and Van Diemen’s Land – the colonial name for Tasmania.
Currently there are 128 local Councils across NSW, which are the closest level of government to the community and are responsible for representing the interests of their communities and delivering local services and infrastructure.
When Clarence Valley Council was formed on February 25, 2004, through an amalgamation of the former Councils of Copmanhurst, Pristine Waters, Maclean and Grafton City together with the north coast water activities of Clarence River County Council and Lower Clarence County Council, Ian Tiley was elected as the first Mayor.
Dr Ian Tiley has continuously worked in the local government sector since January 1964, including as an employee in senior management positions for 24 years, gaining a wealth of specialist knowledge and participating in academic engagement.
The author of ‘Divided We Fall: An Insider’s Perspective on Local Government Amalgamations and joint editor of ‘Perspectives on Australian Local Government Reform’, Dr Tiley served as a Local Government Councillor from 1991 to 2012.
In May 2016, Dr Tiley was appointed as the administrator of Armidale Regional Council and in September 2017 he was elected to that Council, where he served as Mayor from December 2020 to December 2021.
Then in December 2021, Dr Tiley was re-elected to Clarence Valley Council where he served as Mayor from January 2022 until October 2023, continuing as a Councillor until October 2024.
A Research Fellow at the University of New England, Dr Tiley talked to the CV Independent about the role of a Council, the Mayor, Councillors, and the General Manager.
“The role of Council, which is known as the Governing Body is very clearly defined under the Local Government Act, as is the role of the Mayor, the role of individual Councillors, and also the functions of the General Manager,” he said.
“There is a very clear understanding if you know those sections of the Local Government Act as to what the roles are.”
Dr Tiley explained the sections of the Local Government Act that define the roles.
“Section 223 is the role of the Governing Body, section 226 is the role of the Mayor, section 232 is the role of a Councillor, and then the functions of the General Manager are at section 335, and they are all clearly articulated,” he said.
“I am going to highlight the primary roles.
“The primary responsibility of the Governing Body or the Council is to direct and control the affairs of the Council, which is very unambiguous, and to provide effective civic leadership to the community.
“It is responsible also for keeping under review the performance of the Council, including service to their community, and to make decisions for the proper exercise of the Council’s regulatory functions.
“The Council also employs the General Manager, it determines the process for the appointment of the General Manager (in a separate section of the Act), and it’s got the overall responsibility of ensuring Council acts honestly, efficiently, and appropriately.”
Individual Councillors are elected by the public, usually every four years, and as the Governing Body they direct the Council’s General Manager and their staff.
“The role of an individual Councillor is quite straightforward, they’ve got a representative role whereby they represent the collective interests of residents, ratepayers and the local community,” Dr Tiley said.
“Councillors are supposed to facilitate communication between the community and the Governing Body.
“A Councillor is accountable to the local community for the performance of the Council.”
Councillors must elect a Mayor from among their number every two years unless they have a popularly elected mayor.
“The Mayor has specific functions, the most important one is that they are the leader of the Council and is the principal spokesperson of the Governing Body,” Cr Tiley said.
“The Mayor has to advise, consult with and provide strategic direction to the General Manager.”
Dr Tiley said the General Manager of a Council is responsible for overseeing the Council’s daily operations, for guiding the strategic planning and reporting of the Council, for managing, directing, appointing and dismissing Council staff, for managing the Council’s finances and resources, for liaising with Councillors, for reporting to Council on the progress of the Delivery Program, and advising the Mayor and the Governing Body.
“Most importantly, the General Manager has to implement, without undue delay, lawful decisions of the Council,” Dr Tiley said.
The General Manager is the only employee the elected Council can appoint or terminate without giving reasons, at any time.
“Local Government is not like a private business, you’re not there to make profits, you’re there to provide as an extensive service range as you possibly can, and you run businesses that will never make a profit,” Dr Tiley said.