Managing Misconduct in Local Councils
- WorkPlacePLUS
- Sep 3
- 4 min read
Updated: Dec 3
Misconduct in local councils is a persistent problem that demands regular and stronger action
Bullying, sexual harassment, discrimination and other misconduct issues continue to challenge local councils across Australia.
Despite years of reform and awareness, investigations by state integrity bodies such as IBAC and VAGO reveal that poor workplace culture, weak governance and fear of retaliation still enable unacceptable behaviours to persist.
Recent reports show:
Over one in four local government workers and councillors have experienced workplace sexual harassment in the past year.
Bullying and discrimination remain significantly underreported.
Misuse of resources, favouritism and conflicts of interest continue to erode public trust.
These risks not only harm employee wellbeing, they also damage council reputation, productivity and community confidence.
Why is misconduct still an issue in local councils?
Many councils have policies, training and procedures in place to prevent and address serious misconduct such as bullying, sexual harassment, discrimination and victimisation, but these tools are often not being used effectively.
Common issues include:
Lack of meaningful staff engagement in discussions about workplace behaviour
Overreliance on online refresher courses rather than live, interactive training
Inconsistent or poorly documented complaint handling
Culture of avoidance or fear that discourages reporting
Lack of decisive action
Without regular auditing and proactive monitoring, risks can remain hidden until they escalate into formal complaints, investigations or public scandals.
It’s important to be proactive
Serious misconduct such as bullying, sexual harassment, discrimination and victimisation is a psychosocial hazard under Work Health and Safety (WHS) legislation. Like any employer, local councils have a legal duty to provide a safe workplace. Also, councillors and management can be held personally and financially liable for breaching WHS laws.
Councils need to be proactive by identifying, assessing and controlling these risks. The best starting point is an audit or risk assessment that examines organisational culture, leadership practices, complaint handling and psychological safety.
Responding appropriately when issues arise
When complaints, grievances or signs of misconduct emerge, they must be managed promptly, fairly and in compliance with workplace laws. Engaging an independent workplace investigator demonstrates transparency and ensures that investigations are handled professionally, consistently and without bias.
Respect At Work law reforms and the AHRC’s recent Speaking from Experience report outlines key factors needed to help overcome sexual harassment in the workplace, including thorough, unbiased investigations that lead to real consequences and cultural change.
How WorkPlacePLUS can Help
WorkPlacePLUS has supported local councils for over 10 years with managing misconduct and meeting their employer obligations under workplace laws.
Our practical services include:
Workplace audits and risk assessments
WorkPlacePLUS conducts workplace audits to identify and assess psychosocial risks and support the implementation of effective control measures. Learn more about our psychological safety reviews >
WorkPlacePLUS conducts independent workplace investigations into issues such as:
Bullying and harassment
Sexual harassment and discrimination
Misconduct and policy breaches
Serious complaints and grievances
Our trained investigators go beyond the final report, supporting councils identify root causes and implement lasting improvements. Learn more about our Independent Workplace Investigations >
To discuss how WorkPlacePLUS can help your council prevent misconduct and strengthen workplace culture, please contact us today.
More about the 2020 VAGO survey and recommendations
In 2020, the Victorian Auditor-General's Office (VAGO) surveyed Victoria’s local councils to find out whether they were providing workplaces free from sexual harassment. In short, the answer was NO.
One in four survey respondents said they had experienced workplace sexual harassment in the last 12 months.
VAGO’s conclusion was interesting:
"Councils have the tools—such as policies, complaint procedures and training—to prevent and respond to these experiences, but they don’t use these tools to their full advantage. As a result, councils rarely engage staff in meaningful conversations about sexual harassment and victims lack confidence to report their experiences."
The three of the main issues were:
Councils weren’t regularly collecting information through surveys or complaint registers to understand the prevalence and nature of sexual harassment in their workplaces.
Councils were relying on online refresher courses for training, missing the opportunity to meaningfully engage with staff through face-to-face or live online training. Also, council leaders were not regularly communicating a culture of respect and zero tolerance of sexual harassment.
When victims spoke out, councils did not always handle their complaints fairly or effectively. Councils lacked proper complaint documentation and failed to record why they stopped investigating some complaints. VAGO also found examples of councils excusing inappropriate behaviour when staff raised concerns.
VAGO’s audit report provided eleven recommendations to Victorian local councils on identifying and acting on risk factors, regularly collecting data on the prevalence of sexual harassment and the development of regular data collection methodology. All recommendations we made were accepted.
How are local councils tracking now?
What actions are Victorian local councils taking to implement VAGO’s recommendations and ultimately provide workplaces free from sexual harassment? While council meeting minutes are publicly accessible, it is difficult to ascertain whether the appropriate practical measures have been taken.
Local councils can self-audit their compliance with VAGO’s recommendations by reflecting on a range of questions including but not limited to:
Have we reviewed VAGO’s 2020 report lately?
Have we conducted a psychological WHS risk management process lately?
Have we conducted a cultural review and/or workplace survey recently?
Have we reviewed our complaint procedure recently?
Are we providing mandatory training on sexual harassment includes face-to-face or live online sessions (in addition to online modules) for all staff and councillors at least once every two years i.e., at least twice per council term?
Local councils may have a lot on their plates, but they still must ensure they are taking all reasonable and proportionate measures to eliminate sexual harassment in their workplaces. Local councils who need focused support in this area will benefit from engaging a professional HR business partner.
WorkPlacePLUS supports local councils to meet their employer obligations and provide a safe, fair and respectful workplace culture. Our HR consultants are trained workplace investigators with extensive experience mitigating sexual harassment. Our services include:
For more information, please contact us today.
