Division 2 Other provisions concerning council
365 How often does the council meet?
The council is required to meet at least 10 times each year, each
time in a different month.
366 Calling of extraordinary meeting on request by
If the mayor receives a request in writing signed by at least 2
councillors, the mayor must call an extraordinary meeting of the council to be
held as soon as practicable but in any event within 14 days after receipt of
367 Notice of meetings
(1) The general manager of a council must send to each councillor, at
least 3 days before each meeting of the council, a notice specifying the time
and place at which and the date on which the meeting is to be held and the
business proposed to be transacted at the meeting.
(2) Notice of less than 3 days may be given of an extraordinary
meeting called in an emergency.
(3) A notice under this section and the agenda for, and the business
papers relating to, the meeting may be given to a councillor in electronic
form but only if all councillors have facilities to access the notice, agenda
and business papers in that form.
368 What is the quorum for a meeting?
The quorum for a meeting of the council is a majority of the
councillors of the council who hold office for the time being and are not
suspended from office.
369 Who presides at meetings of the council?
(1) The mayor or, at the request of or in the absence of the mayor,
the deputy mayor (if any) presides at meetings of the
(2) If the mayor and the deputy mayor (if any) are absent, a
councillor elected to chair the meeting by the councillors present presides at
a meeting of the council.
370 What are the voting entitlements of
(1) Each councillor is entitled to one
(2) However, the person presiding at a meeting of the council has, in
the event of an equality of votes, a second or casting
371 What constitutes a decision of the council?
A decision supported by a majority of the votes at a meeting of
the council at which a quorum is present is a decision of the
372 Rescinding or altering resolutions
(1) A resolution passed by a council may not be altered or rescinded
except by a motion to that effect of which notice has been duly given in
accordance with regulations made under section 360 and, if applicable, the
council’s code of meeting practice.
(2) If notice of motion to rescind a resolution is given at the
meeting at which the resolution is carried, the resolution must not be carried
into effect until the motion of rescission has been dealt
(3) If a motion has been negatived by a council, a motion having the
same effect must not be considered unless notice of it has been duly given in
accordance with the council’s code of meeting
(4) A notice of motion to alter or rescind a resolution, and a notice
of motion which has the same effect as a motion which has been negatived by
the council, must be signed by 3 councillors if less than 3 months has elapsed
since the resolution was passed, or the motion was negatived, as the case may
(5) If a motion to alter or rescind a resolution has been negatived,
or if a motion which has the same effect as a previously negatived motion, is
negatived, no similar motion may be brought forward within 3 months. This
subsection may not be evaded by substituting a motion differently worded, but
in principle the same.
(6) A motion to which this section applies may be moved on the report
of a committee of the council and any such report must be recorded in the
minutes of the meeting of the council.
(7) The provisions of this section concerning negatived motions do not
apply to motions of adjournment.
373 Committee of council
A council may resolve itself into a committee to consider any
matter before the council.
374 Certain circumstances do not invalidate council
Proceedings at a meeting of a council or a council committee are
not invalidated because of:
(a) a vacancy in a civic office, or
(b) a failure to give notice of the meeting to any councillor or
committee member, or
(c) any defect in the election or appointment of a councillor or
committee member, or
(d) a failure of a councillor or a committee member to disclose a
pecuniary interest, or to refrain from the consideration or discussion of, or
vote on, the relevant matter, at a council or committee meeting in accordance
with section 451, or
(e) a failure to comply with the code of meeting
(1) The council must ensure that full and accurate minutes are kept of
the proceedings of a meeting of the council.
(2) The minutes must, when they have been confirmed at a subsequent
meeting of the council, be signed by the person presiding at that subsequent
375A Recording of voting on planning matters
(1) In this section, planning
decision means a decision made in the exercise of a function of a
council under the Environmental Planning
and Assessment Act 1979:
(a) including a decision relating to a development application, an
environmental planning instrument, a development control plan or a development
contribution plan under that Act, but
(b) not including the making of an order under Division 2A of Part 6
of that Act.
(2) The general manager is required to keep a register containing, for
each planning decision made at a meeting of the council or a council
committee, the names of the councillors who supported the decision and the
names of any councillors who opposed (or are taken to have opposed) the
(3) For the purpose of maintaining the register, a division is
required to be called whenever a motion for a planning decision is put at a
meeting of the council or a council committee.
(4) Each decision recorded in the register is to be described in the
register or identified in a manner that enables the description to be obtained
from another publicly available document, and is to include the information
required by the regulations.
(5) This section extends to a meeting that is closed to the
376 Attendance of general manager at meetings
(1) The general manager is entitled to attend, but not to vote at, a
meeting of the council or a meeting of a committee of the council of which all
the members are councillors.
(2) The general manager is entitled to attend a meeting of any other
committee of the council and may, if a member of the committee, exercise a
(3) However, the general manager may be excluded from a meeting of the
council or a committee while the council or committee deals with a matter
relating to the standard of performance of the general manager or the terms of
the employment of the general manager.