Enforcement guidelines

The Enforcement Guidelines for Councils have been developed to help local councils in NSW act promptly, consistently and effectively in response to allegations of unlawful activity. They are intended to assist councils to:

• develop a robust regulatory framework to effectively engage with individuals, organisations or businesses who may be breaking the law
• understand the standards of a robust enforcement process and what is expected of them
• understand what constitutes unlawful activity in local government  
• support councils to develop good practice policies and procedures.

Choosing the most appropriate regulatory option in a particular circumstance is often not easy. It can involve complex decision-making processes, weighing up competing public interests and priorities. To achieve consistency in enforcement and apply discretion fairly, local councils and their individual compliance officers have an important role to play. 

These Guidelines encourage councils to adopt a responsive and proportionate approach to enforcement. They cover the following areas:

• councils as regulators
• responding to allegations of unlawful behaviour
• investigating allegations of unlawful activity
• discretion
• deciding on prosecution action
• fair procedures.

The Guidelines are accompanied by a comprehensive model enforcement policy that has been compiled from good practice examples from a number of councils and other relevant agencies.