Media release: Council response to OLG ruling on Cr Hayden

In April 2026, Oberon Council resolved to refer Councillor Helen Hayden's conduct on social media following the double-fatality motor vehicle accident at Black Springs in January 2026 to the Office of Local Government (OLG). This followed receipt of an independent investigation report into the matter.

See also: Council resolution following code of conduct investigation

Based on the findings of that investigation, Council recommended that the OLG remove Councillor Hayden from office and disqualify her from nominating for election as a councillor for a period of five years. Council's recommendation reflected findings that the conduct caused harm to affected individuals, families, members of the community and Council employees, significantly undermined public confidence in Council, and formed part of an ongoing pattern of inflammatory social media commentary.

In July 2026, the OLG advised Council it would not progress the matter further. Council recognises that this outcome may be disappointing for some members of the community, particularly those who raised concerns or made complaints regarding the conduct that was the subject of the investigation. Many people invested significant time and effort in bringing those concerns forward. While Council respects the decision of the Office of Local Government, it understands that this outcome may not align with the expectations of all those who participated in the process.

Community members can be assured that those concerns were taken seriously, commissioned an independent investigation, carefully considered the findings and pursued all avenues available to it under the current legislative framework. Council also encourages community members to continue raising concerns and participating in established complaint and Code of Conduct processes.

While Council acknowledges the OLG's decision, it remains concerned about the broader implications for councils seeking meaningful avenues to address serious conduct that undermines public confidence in local government.

At the same time, the OLG released a revised draft Model Code of Conduct for consultation, to be read alongside the Free Speech Guidelines for Councillors issued in 2025. Council is concerned these documents place greater emphasis on freedom of expression and may reduce the scope for regulatory intervention in matters of councillor conduct.

Council is particularly concerned by the proposed removal of the existing provision relating to conduct that brings a council or councillors into disrepute. In Council's view, this may reduce the ability of the regulatory framework to respond to conduct that causes significant community concern or undermines public confidence in local government.

Both Council and I have lodged submissions on the draft Model Code of Conduct outlining concerns regarding these proposed changes and their potential impact on accountability, workplace culture, community wellbeing and public confidence in local government. These submissions will be available on Council's website in the near future, and I encourage members of the community to read them.

As Mayor, I will always continue to advocate for respectful conduct, accountability and the high standards our community expects of its elected representatives.

Freedom of expression is a fundamental part of local democracy, and councillors should be able to express their views openly. However, with that freedom comes a responsibility to act in a way that maintains public confidence and reflects the standards our communities rightly expect of their elected representatives.

Council continues to advocate for a regulatory framework that supports both freedom of expression and meaningful accountability. These principles are not mutually exclusive; both are essential to maintaining trust and confidence in local government.

Andrew McKibbin
Mayor

STATEMENT

In response to the Mayor's media release, I respect his right to express his views, but I think it is important that the process is represented accurately.

The independent external reviewer's recommendation was for censure. The reviewer did not recommend referral to the Office of Local Government, removal from office or a five-year disqualification. That distinction was also acknowledged in the correspondence subsequently received from the Office of Local Government.

The further action referred to in the Mayor's media release arose from a motion moved by the Mayor, which included removing me from my Section 355 committees and requesting that the Office of Local Government remove me from office and disqualify me from standing as a councillor for five years.

That motion was carried five votes to three. I was not present in the chamber for the debate or vote. When I returned, I listened to the outcome and accepted Council's decision because the motion had been carried.

I also accepted the subsequent process with the Office of Local Government. The OLG has now advised that it will not progress the matter further, and they noted referral was not part of the reviewer's recommendation and I respect that decision.

I have reflected on my own actions. I am disappointed that I posted some of the words that I did, and I acknowledge that I could have expressed myself differently.

However, I don't want to re-litigate the matter through the media or engage in hostility towards the Mayor or my fellow councillors. The process has run its course.

My focus is on continuing to represent the community, listening to residents and carrying out the responsibilities I was elected to undertake.

I hope we can now move forward respectfully and concentrate on the work Council has to do for the Oberon community.

Councillor Helen Hayden
Oberon Council
8 August 2026