A model local law is a local law about a matter within the jurisdiction of local government that is proposed by the minister responsible for local government as suitable for adoption by councils.

There are no mandatory requirements for local governments to adopt a model local law. Local governments can assess whether a particular model local law addresses the needs of its community and then adopt it as a local law if appropriate.

The department undertakes a rigorous consultation and screening process when developing a model local law and consequently councils can adopt a model local law without consulting on state interests prior to adoption.

Subordinate local laws are essential to the successful implementation of the model local laws throughout Queensland.

Model local laws have been drafted to call upon subordinate local laws to detail issues specific to each council. A council must consult with its community about the content of any proposed model local law and subordinate local law.

Once a council adopts a model local law, it is no longer a model local law but a normal local law of that council, which it may amend or repeal as necessary.

Implementation notes and tools

A pre-requisite consideration for the model local laws is that local governments must adopt Model Local Law No. 1 (Administration) 2010 to enable any of the other model local laws adopted to take effect.

Subordinate local laws are also essential to the successful implementation of each of the model local laws. Model local laws have been drafted to call upon subordinate local laws to detail issues specific to each council.

Subordinate local law templates and guidance notes have been developed for each model local law to assist local governments in their use of the model local laws.

View the current model local laws.

Making a model local law

Chapter 3, Part 1 of the Local Government Act 2009 provides the process for local governments to make local laws.

While the Act gives local governments the flexibility to determine the extent of the process to make a local law, the model local law making process generally requires fewer steps to complete the process.

Adoption of model local laws is subject to section 38 of the Act, which requires that a public interest test on anti-competitive provisions be conducted before being adopted.

Sample process for councils adopting a model local law

Step 1 Decide to adopt a model local law.

Step 2 Develop supporting subordinate local law.

Step 3 Decide on community engagement strategy for proposed model local law and subordinate local law and review for anti-competitive provisions (including public interest test process if necessary).

Step 4 Consider results of consultation.

Step 5 Resolve to adopt model local law and subordinate local law.

Step 6 Publish notices advising of adoption of model local law and supporting subordinate local law.

Step 7 Provide relevant information to the minister, make copies of the law available for public inspection and update local law register.