Council member conduct complaints before 1 July 2026

The previous Code of Conduct and complaints process applies to complaints about conduct that occurred before 1 July 2026.

The previous complaints process required complaints to be made within 3 months of the alleged conduct. The three-month time limit for making new complaints about conduct before 1 July 2026 has now expired. No new complaints about conduct that occurred before 1 July 2026 can now be made under the previous complaints process.

The transitional provisions are set out in section 373 of the Local Government Act 2019.

Existing complaints

If you lodged a complaint about conduct that occurred before 1 July 2026 and it has not yet been decided, it will continue under the previous complaints process.

The penalties introduced on 1 July 2026 do not apply to conduct that occurred before that date. This is because penalties cannot be applied retrospectively.

For information about the previous process, refer to:

• Local Government Act 2019
• Local Government (General) Regulations 2021

How complaints are handled

Under the previous legislated process, the CEO must first decide whether the complaint meets the legal requirements and can be dealt with under the Code of Conduct.

If the complaint is valid, the CEO must refer it to the council as soon as possible.

The council may consider the complaint through a Council Panel. The panel decides whether there was:

• no breach of the Code of Conduct
• a breach, but no further action is required
• a breach and one or more actions should be taken, such as:
  • a reprimand
  • training
  • counselling
  • mediation.

Mediation

Before the council makes a decision:

• the complainant or the respondent can ask for the complaint to be referred to a mediator or other third party
• the council can agree to or refuse the request
• if the council agrees, the third-party considers the complaint and provides advice to the council before the council makes a decision.

Referral to Local Government Association of the Northern Territory

In some cases, the complainant (if they are a council member) or the respondent can ask for the complaint to be referred to the prescribed corporation (Local Government Association of the Northern Territory (LGANT)).

LGANT will appoint an independent panel to consider the complaint. The panel can:

• decide whether there was a breach of the Code of Conduct
• make recommendations
• reject a complaint without considering it if it:
  • should be dealt with as a criminal matter
  • is frivolous, vexatious or lacks substance.

The council or the LGANT panel must give a written decision to both parties within 90 days of receiving the complaint or referral.

If either party disagrees with the decision, they can apply to LGANT for the complaint to be reconsidered. The application must be made within 28 days after receiving the written decision.