Queensland Numbered Acts Queensland Numbered ActsChapter 3--
insert--
'(1) This part does not apply to the Brisbane City Council.
'(2) This part applies to a Torres Strait Islander local government.
'(1) This part has a number of objectives.
'(2) Firstly an objective of this part is the objective stated for part 1A in section 159B.
'(3) Secondly, an objective of this part is to implement decisions for the structural reform of local governments, which reform includes--
(a) following the making of recommendations by the reform commission under part 1A, the establishment of particular local government areas to replace particular existing local government areas; and
(b) the creation of new structural and governance arrangements.
'(4) Thirdly, an objective of this part is to provide for the transition of existing local governments to the new arrangements.
'To remove any doubt, it is declared that the requirements applying under part 1 for the implementation of reviewable local government matters do not apply to the implementation of a reform matter under this part.
In this part--
'adjusted local government means a local government whose local government area is an adjusted local government area.
adjusted local government area means a local government area that under this part is changed by--
(a) the inclusion of an area in it; or
(b) the exclusion of an area from it.
area map means a map or group of maps showing 1 or more of the following--
(a) the external boundaries of a local government area;
(b) the division boundaries of a local government area that is divided;
(c) a transferring area.
caretaker period, for an election for a new local government, means the election period for the election.
changeover day see section 159YE.
chief returning officer means the commissioner.
continuing local government means a local government whose local government area is a continuing local government area.
continuing local government area see section 159YK.
division arrangements regulation means a regulation under section 159YH, 159YJ or 159YL.
employee, for division 7, see section 159ZE.
existing local government means a local government whose local government area is an existing local government area.
existing local government area means a local government area as in existence on the commencement of this section.
function includes power.
local transition committee means--
(a) for a new local government area--a local transition committee established for the area under section 159YR; and
(b) for division 9--see section 159ZP.
major policy decision, for a merging local government, means a decision--
(a) about the appointment of a chief executive officer of the local government; or
(b) about the remuneration of the chief executive officer of the local government; or
(c) to terminate the employment of the chief executive officer of the local government; or
(d) to enter into a contract, other than a contract between the local government and the State or the Commonwealth, the total value of which is more than the greater of the following--
(i) $150000;
(ii) 1% of the local government's net rate and utility charges as stated in the local government's audited financial statements included in the local government's most recently adopted annual report.
merging local government means an existing local government whose local government area is a merging local government area.
merging local government area means an existing local government area all or part of which, under this part, is abolished to become part of a new local government area.
Note--
Existing local government areas part of which, under this part, are abolished to become part of a new local government area are the existing local government areas of Beaudesert Shire Council, Ipswich City Council, Taroom Shire Council, Tiaro Shire Council and Torres Shire Council.
new local government means a local government whose area is a new local government area.
new local government area see section 159YG.
reform implementation regulation see section 159YQ.
reform matter means anything that takes effect under division 2.
State Transition Committee see section 159ZZ.
transferring area means transferring area A, B, C, D, E, F, G, H, I, J, K, L or M.
transferring area A means--
(a) generally, the northern urban areas of the existing local government area of the Beaudesert Shire Council; and
(b) more particularly, the area marked as transferring area A on area map LGTA1.
transferring area B means--
(a) generally, the southern rural areas, including the Town of Beaudesert and the Tamborine area, of the existing local government area of the Beaudesert Shire Council; and
(b) more particularly, the area marked as transferring area B on area map LGTA2.
transferring area C means--
(a) generally, the Harrisville/Peak Crossing area of the existing local government area of the Ipswich City Council; and
(b) more particularly, the area marked as transferring area C on area map LGTA3.
transferring area D means--
(a) generally, all parts of the local government area of the Gold Coast City Council north of the Albert River, including the Beenleigh/Eagleby areas; and
(b) more particularly, the area marked as transferring area D on area map LGTA4.
transferring area E means--
(a) generally, division 1 (the Town of Taroom) of the existing local government area of the Taroom Shire Council; and
(b) more particularly, the area shown as division 1 on area map LGB119, edition 1.
transferring area F means--
(a) generally, division 2 (the Wandoan area) of the existing local government area of the Taroom Shire Council; and
(b) more particularly, the area shown as division 2 on area map LGB119, edition 1.
transferring area G means--
(a) generally, divisions 1 and 2 (the northern area) of the existing local government area of the Tiaro Shire Council; and
(b) more particularly, the area shown as divisions 1 and 2 on area map LGB121, edition 2.
transferring area H means--
(a) generally, division 3 (the Theebine/Gunalda areas) of the existing local government area of the Tiaro Shire Council; and
(b) more particularly, the area shown as division 3 on area map LGB121, edition 2.
transferring area I means--
(a) generally, the areas of Sweers Island and Bountiful Islands; and
(b) more particularly, the area marked as transferring area I on area map LGTA5.
transferring area J means--
(a) an area included in the existing local government area of the Cook Shire Council; and
(b) more particularly, the area marked as transferring area J on area map LGTA6.
transferring area K means--
(a) an area included in the existing local government area of the Cook Shire Council; and
(b) more particularly, the area marked as transferring area K on area map LGTA7.
transferring area L means the council areas described in the Community Services (Torres Strait) Regulation 1998, schedule 1A, other than the Bamaga council area and the Seisia council area, to the extent the council areas are part of the existing local government area of the Torres Shire Council.
transferring area M means the Bamaga council area and the Seisia council area, as described in the Community Services (Torres Strait) Regulation 1998, schedule 1A, to the extent the council areas are part of the existing local government area of the Torres Shire Council.
transferring area local transition committee, for a transferring area, means a transferring area local transition committee established for the area under section 159YY.
transition action plan see section 159Z.
transition matter means any matter relevant to the coming into effect or the implementation of a reform matter.
transition period, for division 10, see section 159ZU.
type 1 election see section 159ZK.
type 2 election see section 159ZK.
type 3 election see section 159ZK.
'(1) The changeover day, for a new, adjusted or continuing local government area, is the day that is the conclusion of the last 2008 quadrennial election held for any councillor for the new, adjusted or continuing local government area under division 8.
'(2) However, the Minister may, by gazette notice, advise an earlier or later day as the changeover day for a particular new, adjusted or continuing local government area.
'(3) If the Minister advises a later or earlier day as the changeover day for a particular new, adjusted or continuing local government, a provision of this part that refers to the changeover day for a new, adjusted or continuing local government applies to the particular new, adjusted or continuing local government on the basis that its changeover day is the day advised.
'(1) Each area map mentioned in schedule 1A, in the definition of a transferring area or in a division arrangements regulation--
(a) is identified by a map number marked on the map; and
(b) may be inspected without fee at the office of the department in Brisbane.
Editor's note--
A copy of each area map is also available on the department's website.
'(2) A map stated in schedule 1A is fully effective to identify the external boundaries of a new, adjusted or continuing local government even if the map bears a name that is different from the name stated for the local government area in the schedule.
'(1) A local government area (a new local government area) is established for the part of the State specified in each area map stated in schedule 1A, part 1, column 3.
'(2) Each existing local government area is abolished, to the extent the area is the same as an area included in a part of the State mentioned in subsection (1).
'(3) The establishment of a new local government area under subsection (1), and the corresponding abolition under subsection (2) of any existing local government area and of any part of an existing local government area, takes effect on the changeover day for the new local government area.
' Each item of schedule 1A, part 1 lists and describes a new local government on its changeover day as follows--
(a) its local government area has the name stated in schedule 1A, part 1, column 1;
(b) it is a local government of the class stated in schedule 1A, part 1, column 2;
(c) it has the local government area shown in the area map stated in schedule 1A, part 1, column 3;
(d) if the entry in schedule 1A, part 1, column 4 states 'area not divided', its local government area is not divided into divisions;
(e) if the entry in schedule 1A, part 1, column 4 states division numbers--
(i) its local government area is divided into divisions that have the division boundaries shown in the area map stated in schedule 1A, part 1, column 3; and
(ii) it has the number of councillors assigned to each division as stated in the entry in schedule 1A, part 1, column 4;
(f) if the entry in schedule 1A, part 1, column 4 states 'divided'--
(i) its local government area is divided into divisions that have the division boundaries shown in an area map stated in a regulation; and
(ii) it has 1 councillor (other than the mayor) assigned to each division;
(g) it has the composition stated in schedule 1A, part 1, column 5.
'(1) Transferring area A is excluded from the existing local government area of the Beaudesert Shire Council and is included in the existing local government area of the Logan City Council.
'(2) Transferring area D is excluded from the existing local government area of the Gold Coast City Council and is included in the existing local government area of the Logan City Council.
'(3) Transferring area E is excluded from the existing local government area of the Taroom Shire Council and is included in the existing local government area of the Banana Shire Council.
'(4) Transferring area I is included in the existing local government area of the Mornington Shire Council.
'(5) Transferring area J is excluded from the existing local government area of the Cook Shire Council and is included in the existing local government area of Wujal Wujal Shire Council.
'(6) Transferring area K is excluded from the existing local government area of the Cook Shire Council and is included in the existing local government area of Hope Vale Shire Council.
'(7) The exclusion and inclusion of a transferring area under subsections (1), (2), (3), (5) or (6), and the inclusion of a transferring area under subsection (4), takes effect on the changeover day for the adjusted local government area resulting from the exclusion or inclusion.
'(1) Each item of schedule 1A, part 2 lists and describes a local government whose local government area becomes an adjusted local government area because of--
(a) any inclusion or exclusion of a transferring area under this subdivision; or
(b) the inclusion of a transferring area in the local government area of a new local government under subdivision 2.
'(2) Each item of schedule 1A, part 2 lists and describes an adjusted local government on its changeover day as follows--
(a) its local government area has the name stated in schedule 1A, part 2, column 1;
(b) it is a local government of the class stated in schedule 1A, part 2, column 2;
(c) it has the local government area shown in the area map stated in schedule 1A, part 2, column 3;
(d) if the entry in schedule 1A, part 2, column 4 states 'area not divided', its local government area is not divided into divisions;
(e) if the entry in schedule 1A, part 2, column 4 states 'divided'--
(i) its local government area is divided into divisions that have the division boundaries shown in an area map stated in a regulation; and
(ii) it has 1 councillor (other than the mayor) assigned to each division;
(f) it has the composition stated in schedule 1A, part 2, column 5.
'(1) Each local government area (a continuing local government area) mentioned in schedule 1A, part 3 is a local government area whose external boundaries are not changed under this division.
'(2) Each continuing local government area whose existing division and composition arrangements are different from those stated for it in schedule 1A, part 3 is changed to the arrangements for its division and composition as stated for it in the part.
'(3) Each change under subsection (2) takes effect on the changeover day for the continuing local government area.
'(4) For completeness, schedule 1A, part 3 includes details of all continuing local government areas, even if their division and composition arrangements are not changed under subsection (2).
'Each item of schedule 1A, part 3 lists and describes a continuing local government on its changeover day as follows--
(a) its local government area has the name stated in schedule 1A, part 3, column 1;
(b) it is a local government of the class stated in schedule 1A, part 3, column 2;
(c) it has the local government area shown in the area map stated in schedule 1A, part 3, column 3;
(d) if the entry in schedule 1A, part 3, column 4 states 'area not divided', its local government area is not divided into divisions;
(e) if the entry in schedule 1A, part 3, column 4 states 'divided'--
(i) its local government area is divided into divisions that have the division boundaries shown in an area map stated in a regulation; and
(ii) it has 1 councillor (other than the mayor) assigned to each division;
(f) it has the composition stated in schedule 1A, part 3, column 5.
'(1) A division arrangements regulation must not affect, or purport to change--
(a) the name, class, or composition of a new, adjusted or continuing local government as provided for in division 2, 3 or 4 and schedule 1A, part 1, 2 or 3; or
(b) the external boundaries of the local government area of a new, adjusted or continuing local government as provided for in division 2, 3 or 4 and schedule 1A, part 1, 2 or 3.
'(2) Subsection (1) does not prevent the regulation from stating a new area map as the map identifying the external boundaries of a local government area.
Example--
a later edition of an area map that now includes division boundaries
'(3) A division arrangements regulation must not be stated to apply to a local government other than a new, adjusted or continuing local government area whose entry in schedule 1A, part 1, 2 or 3, column 4 states 'divided'.
'(4) A division arrangements regulation may be included in a reform implementation regulation and need not be specifically identified as being a division arrangements regulation.
'(5) However, 1 or more division arrangements regulations, providing for all matters required to be provided for under a division arrangements regulation, must be made as soon reasonably practicable after the Minister receives notice of any commissioner's decision about division boundaries under subdivision 6.
'(6) The division boundaries for a new, adjusted or continuing local government area provided for in a division arrangements regulation must be the boundaries decided by the commissioner under subdivision 6.
'(7) Failure to comply with subsection (5) does not affect a regulation's validity.
'(1) A regulation may at any time, whether before or after the changeover day for any new, adjusted or continuing local government, declare and update relevant information about existing, new, adjusted or continuing local governments.
Example--
The regulation may identify an area map for a new local government area that takes the place of 2 superseded area maps.
'(2) In this section--
relevant information means information of the type included in schedule 1A.
'(1) This section applies in relation to each new, proposed or continuing local government area whose entry in schedule 1A, part 1, 2 or 3, column 4 states 'divided'.
'(2) The commissioner must decide the division boundaries to apply for the local government area for the 2008 quadrennial elections.
'(3) The commissioner must decide the boundaries under subsection (2) as soon as possible, but in any event not later than 15 September 2007.
'(4) The commissioner must advise the Minister of the commissioner's decision for each new, adjusted or continuing local government area as soon as possible after the decision is made.
'(5) Before deciding the division boundaries, the commissioner must--
(a) publish a notice in a newspaper circulating generally in the local government area inviting submissions from interested persons about what the boundaries should be; and
(b) advise in the notice that submissions must be received within 7 days after the publication of the notice; and
(c) consider all submissions received within the time required under paragraph (b).
'(6) For deciding the divisions of the local government area, the commissioner must--
(a) decide the total number of electors for the new, adjusted or continuing local government area on the basis of the enrolment information most recently available to the commissioner; and
(b) apply the principles stated in sections 285 and 286(2) for calculating a quota and allowing for departure from the quota.
'(1) A decision of the commissioner under this division--
(a) is final and conclusive; and
(b) can not be challenged, appealed against, reviewed, quashed, set aside, or called into question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and
(c) is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.
'(2) Without limiting subsection (1), a person may not bring a proceeding for an injunction or any other order to stop or otherwise restrain the performance of a designated act, or for a declaration about the validity of a designated act.
'(3) In this section--
decision includes--
(a) conduct engaged in to make a decision; and
(b) conduct related to making a decision; and
(c) failure to make a decision.
designated act means an act of the commissioner, including the act of advising the Minister of a decision under this division, the performance of which is authorised, or purportedly authorised, under this division.
'(1) A regulation (a reform implementation regulation) may be made under this part to support the coming into effect of any reform matter.
'(2) Part 1, division 10 applies to a reform implementation regulation as if it were a regulation implementing a reviewable local government matter under part 1.
'(3) However, the following provisions do not apply under subsection (2)--
(a) section 157(2)(a), (b) and (j) and (3) to (6);
(b) section 158.
'(4) For applying section 157(2)(g) and schedule 2, definition implementation issues, the reference in the definition to a reviewable local government matter mentioned in section 64(1)(a), (c), (e) or (f) may be taken to be a reference to any reform matter.
'(5) Without limiting section 157(2)(k) or schedule 2, definition implementation issues, paragraph (e), as applied under subsections (1) to (4), a reform implementation regulation may include provision for any of the following--
(a) how and to what extent, from its changeover day--
(i) any new local government is the successor of any existing local government; and
(ii) any adjusted local government is the successor of any existing local government in relation to any transferring area;
(b) how and to what extent functions of any existing local governments are, from changeover day for a new or adjusted local government area, to be exercised by the new or adjusted local government or by any other entity;
(c) the continuing operation of delegations made by existing local governments;
(d) the continuation of employment of employees of existing local governments by new or adjusted local governments;
(e) requirements for the preparation of financial statements for existing local governments that under this part are merging local governments or become adjusted local governments and for the auditing of and reporting on the financial statements by the auditor-general;
(f) obligations of existing local governments that under this part become adjusted local governments relating to the transition of transferring areas;
(g) empowering and directing the Local Government Grants Commission to make decisions about the allocation of employees, assets, liabilities and property of any kind between local governments whose areas have a transferring area included in them or excluded from them;
(h) payment by an existing local government or a successor of an existing local government for a failure of the existing local government to adequately supply services and facilities in its local government area in the period between the commencement of this section and the changeover day for a new or adjusted local government;
(i) dealing with the custody of records under the control of existing local governments;
(j) references in documents to existing local governments;
(k) recording in registers kept under any Act the vesting of property affected by the regulation;
(l) dealing with legal proceedings by or against an existing local government.
'(6) A reform implementation regulation under subsection (5)(g) may direct whether, and if so to what extent, part 3, divisions 3 to 5 applies to the commission for the purposes of making decisions under the regulation.
'(1) Each merging local government whose local government area will, on the changeover day for a new local government area, partly or completely, be abolished to form part of the new local government area must take all necessary action to establish a local transition committee for the new local government area as required by this division.
'(2) The local transition committee for the new local government area must be made up of--
(a) representatives of each merging local government, consisting of 2 councillors of the local government, nominated by the local government; and
(b) up to 3 union representatives, as agreed by the relevant unions, with each representative being nominated by a relevant union; and
(c) after the committee appoints the interim chief executive officer for the new local government--the interim chief executive officer.
'(3) However, a local transition committee must be made up in the way stated in schedule 1B for each of the following new local government areas--
(a) Cassowary Coast Regional Council;
(b) Torres Strait Island Regional Council.
'(4) The local transition committee may from time to time include on the committee, as voting members of the committee, other persons the committee considers are suitable to represent the views of the community within the new local government area.
'(5) In this section--
relevant union means--
(a) the Australian Services Union; or
(b) the Australian Workers' Union Queensland; or
(c) the Queensland Council of Unions.
'(1) The chief executive may publish guidelines on the department's website for the establishment and operation of local transition committees.
'(2) The guidelines may include the following--
(a) particulars about how local transition committees are to be established;
(b) explanations about local transition committees' functions;
(c) the establishment and conduct of subcommittees of local transition committees;
(d) how interim chief executive officers of local transition committees are to be appointed;
(e) explanations about the functions of interim chief executive officers;
(f) the content and preparation of transition action plans.
'(3) If a State Transition Committee has been established, the chief executive must, before publishing the guidelines, consult on the content of the guidelines with the committee.
'(4) It is the responsibility of each local transition committee, including of each member of a local transition committee, to ensure, to the greatest practicable extent, that the local transition committee acts in conformity with the guidelines.
'(1) The members of a local transition committee must act in the public interest of the new local government area for which it is established.
'(2) If, for a member of a local transition committee, a conflict arises between the public interest mentioned in subsection (1) and the member's private interest, the member must act in a way that gives preference to the public interest.
'(3) For a member of a local transition committee who is also a councillor, section 229(2) and (3) applies subject to subsection (2).
'(1) The functions of a local transition committee for a new local government area are--
(a) to appoint an interim chief executive officer for the new local government for the new local government area as provided for in this division; and
(b) to oversee the implementation of an approved framework for managing industrial relations and workforce transition in the period leading up to the 2008 quadrennial elections; and
(c) to oversee the preparation of a transition action plan; and
(d) to inform the local governments required to be represented on the committee, and the community generally, to promote a full understanding of the processes for establishing the new local government; and
(e) to approve an interim executive organisational structure for the new local government for the new area; and
(f) to provide guidance and support to the local governments required to be represented on the committee for resolving issues in the period leading up to the 2008 quadrennial elections; and
(g) to establish financial and administrative arrangements for its own operation.
'(1) The first meeting of a local transition committee must be held as soon as possible after the commencement of this section.
'(2) At the first meeting of a local transition committee, the members must elect a member of the committee who is also a councillor to be the chairperson of the committee.
'(3) A local transition committee must, not later than 30 days after the commencement of this section, notify, in a newspaper circulating generally in the area to become the local government area of the new local government, information about the local transition committee, including the following information--
(a) the name of each member of the local transition committee;
(b) the name of the chairperson of the local transition committee;
(c) contact information for the local transition committee.
'(4) A local transition committee must, within 7 days after a notice notifying the required information under subsection (3) is published, forward a copy of the notice to the chief executive.
'(1) A local transition committee for a new local government area must appoint an interim chief executive officer for the new local government for the new area.
'(2) The appointment must be made as soon as possible after the committee's first meeting, but in any event, within 30 days after the first meeting.
'(3) The appointment may be made by way of seconding an employee of a local government required to be represented on the committee to the role of interim chief executive officer.
'(4) If the interim chief executive officer appointed is an employee of a local government required to be represented on the committee, the local government must continue to employ the person on the terms the committee reasonably requires, even though the person is required to perform functions as interim chief executive officer for the new local government.
'(5) If the interim chief executive officer appointed is not an employee of a local government required to be represented on the committee, the committee must nominate 1 or more of the local governments to be the employer of the interim chief executive officer.
'(6) However, for the new local government of Torres Strait Island Regional Council, if the interim chief executive officer appointed is not an employee of a local government required to be represented on the committee, the Island Coordinating Council under the Community Services (Torres Strait) Act 1984 must be the employer of the interim chief executive officer.
'(7) The nominated local government must employ the person, on the terms the committee reasonably requires, to perform functions as interim chief executive officer for the new local government.
'(1) Each local transition committee must create, and appoint the members of, an employment subcommittee.
'(2) An employment subcommittee must consist of--
(a) a representative of each union whose members include employees of a local government required to be on the local transition committee; and
(b) other persons nominated by the local governments required to be represented on the local transition committee.
'(3) An employment subcommittee has the function of advising its local transition committee about staffing matters arising because of the implementation of the reform matters.
'(4) In this section--
union means an employee association registered as an organisation under the Industrial Relations Act 1999.
'(1) The local governments stated in this section must take all necessary action to establish transferring area local transition committees as provided for in this section.
'(2) The Logan City Council and the Beaudesert Shire Council must establish a transferring area local transition committee for transferring area A.
'(3) The Logan City Council and the Gold Coast City Council must establish a transferring area local transition committee for transferring area D.
'(4) The Banana Shire Council and the Taroom Shire Council must establish a transferring area local transition committee for transferring area E.
'(5) A transferring area local transition committee must be made up in the way stated in schedule 1C.
'(1) Subdivision 1 applies to a transferring area local transition committee to the greatest practicable extent as if it were a local transition committee established under subdivision 1.
'(2) Without limiting subsection (1), subdivision 1 applies as if the transition to a new local government area were the transition of a transferring area from 1 local government area to another.
'(3) However, a transferring area local transition committee must not appoint an interim chief executive officer.
'(1) The interim chief executive officer for each new local government must prepare a plan (a transition action plan) that provides details of how the transition to the new local government area is to be successfully achieved, including by ensuring that the momentum for the change is maintained and that the new local government is able to act effectively from the changeover day for the new local government area.
'(2) The interim chief executive officer must prepare the transition action plan in the period between appointment as the interim chief executive officer and the changeover day.
'(3) In preparing the plan, the interim chief executive officer must consult with the chief executive officers of the merging local governments for the new local government area.
'(1) The chief executive may publish on the department's website guidelines for transition action plans.
'(2) The interim chief executive officer for a new local government must ensure that the transition action plan prepared by the officer is, and is prepared, to the greatest practicable extent in conformity with the guidelines.
'(1) In the period from the appointment of the interim chief executive officer for a new local government until immediately before the changeover day for the new local government area for the new local government, the interim chief executive officer must oversee all aspects of establishing the new local government.
'(2) Without limiting subsection (1), the interim chief executive officer must--
(a) develop a draft organisational structure for the new local government; and
(b) develop and implement a strategy for ensuring staff of the merging local governments are informed about and are able to contribute to the resolution of issues arising in relation to the transition to the new local government; and
(c) review and assess existing systems and identify areas of concern for the transition to the new local government; and
(d) work collaboratively with the local transition committee of which the interim chief executive officer is a member to ensure there is adequate preparation for the 2008 quadrennial elections for the new local government area; and
(e) prepare a proposed interim staffing strategy and budget for the new local government; and
(f) for facilitating the transition to the new local government, establish effective communication and consultation processes, including for example with the following--
(i) councillors of merging local governments;
(ii) employees, and organisations representing employees, of merging local governments;
(iii) community leaders;
(iv) the community generally.
'(3) The interim chief executive officer has no role or function in relation to the day to day operations of any existing local government, including any existing local government of which the interim chief executive officer was previously the chief executive officer.
'(1) The chief executive officer of an existing local government must, as required in this section, take all necessary action to give help to the interim chief executive officer of a new local government in relation to which the existing local government is a merging local government.
'(2) The chief executive officer must give the interim chief executive officer all the help the interim chief executive officer reasonably needs to perform the officer's functions, including any help the interim chief executive officer reasonably requires to be given.
'(3) Without limiting subsection (2), the chief executive officer must act in a timely way to give the interim chief executive officer all financial statements and other financial information relating to the merging local government.
'(1) On the changeover day for a new local government area, the person who, immediately before the changeover day was the interim chief executive officer for the new local government--
(a) becomes the acting chief executive officer of the new local government; and
(b) in addition to the officer's functions as the acting chief executive officer of the new local government, retains all the functions the officer had as the interim chief executive officer; and
(c) becomes an employee of the new local government on the same terms and conditions as the officer was employed as the interim chief executive officer.
'(2) Unless the officer's employment as acting chief executive officer is otherwise ended, the officer holds the appointment as acting chief executive officer until the new local government appoints a chief executive officer.
'(3) The new local government must take all reasonable steps to ensure it appoints a chief executive officer within 6 months after the changeover day.
'(1) In this division--
employee, of a local government, does not include a person who, in the context of local government employment, is a casual or temporary employee, other than a long term casual or temporary employee, of the local government.
'(2) In this section--
long term casual or temporary employee, of a local government, means a casual or temporary employee of the local government who has been employed by the local government, or by the local government and its predecessor local government, on a regular and systematic basis, for several periods of employment, for at least 1 year immediately before the issue arises as to whether the employee is a long term casual or temporary employee.
predecessor, of a local government, means an existing local government that, under a reform implementation regulation, is the predecessor of the local government.
'(1) This division applies to any local government as in existence at any time between the commencement of this section and 16 March 2011.
'(2) However, this division does not apply to--
(a) an existing local government that under this part becomes a continuing local government; or
(b) a continuing local government.
'(3) This division applies to a person as an employee of a local government, other than the chief executive officer of a local government.
'(1) A local government must not take any action to end an employee's employment with the local government if the action is taken, whether completely or partly and whether directly or indirectly, because of the taking effect under this Act of a reform matter.
'(2) For deciding whether a local government has contravened subsection (1), the reason given by a local government for taking action to end a person's employment must be considered but is not conclusive.
'(3) Subsection (1) applies only to an action taken before 16 March 2011.
'(4) In this section--
reform matter includes a matter included in a reform implementation regulation.
'(1) The Minister may approve codes of practice (workforce transition codes of practice) directed at ensuring the proper transition of local government workforces from any existing local government to any new or adjusted local government as in existence after the changeover day for the new or adjusted local government area.
'(2) Without limiting subsection (1), a workforce transition code of practice may establish employment terms and conditions for employees, that are consistent with--
(a) firstly, the essential principles stated in subsection (3); and
(b) secondly, the supporting principles stated in subsection (4).
'(3) The essential principles are that--
(a) service delivery levels should be maintained or enhanced; and
(b) as far as possible, the locations at which local government employees perform their work should not be changed.
'(4) The supporting principles are that--
(a) employment security for local government employees should be maximised;
(b) local government staff should be retained to the maximum extent achievable;
(c) the impact of reform matters on local government employees should be minimised;
(d) there should be maximum employee involvement in the implementation of the reform matters as they affect employees;
(e) contracts of employment should be honoured;
(f) there should be maximum support given to employees;
(g) employees should be treated fairly and with respect;
(h) merit and equity should apply in all appointments;
(i) there should be prompt and sensitive dispute resolution;
(j) there should be no overall loss of employment across the local government employment sector;
(k) there should be no overall reduction in working conditions for any employee;
(l) there should be no overall disadvantage to an employee in relation to the employee's working conditions.
'(5) It is the responsibility of each local government to ensure, to the extent a workforce transition code of practice applies to the local government, that the local government acts in conformity with the code of practice.
'(1) The Minister must notify the making of a workforce transition code of practice.
'(2) A workforce transition code of practice takes effect--
(a) on the day the Minister's notice is notified or published in the gazette; or
(b) if a later day is stated in the Minister's notice or the workforce transition code of practice--on that day.
'(3) A notice mentioned in subsection (2) is subordinate legislation.
'(1) For 2008, and despite section 269(2), the date for the holding of each quadrennial election is 15 March 2008.
'(2) A different date may be fixed by regulation under section 269(3) for all quadrennial elections, or for 1 or more particular quadrennial elections, to be held in 2008.
'(1) The 2008 quadrennial elections for the mayors and councillors of all new, adjusted and continuing local governments must be held under chapter 5 --
(a) as if all reform matters took effect on the commencement of this section; and
(b) subject to any requirements of this part applying to the elections; and
(c) subject to any necessary changes, including any changes stated in this part, about the way chapter 5 applies to the elections.
'(2) Each 2008 quadrennial election for a new local government is a type 1 election.
'(3) Each 2008 quadrennial election for an adjusted local government is a type 2 election.
'(4) Each 2008 quadrennial election for a continuing local government is a type 3 election.
'(1) The 2008 quadrennial elections of the mayor and other councillors for all new, adjusted and continuing local governments must be conducted by the electoral commission.
'(2) For the elections, the commissioner is to be known as the chief returning officer.
'(3) The chief returning officer has overall responsibility for the proper conduct of the 2008 quadrennial elections.
'(4) A returning officer's responsibility for the proper conduct of of an election is subject to subsection (3) and the further provisions of this section.
'(5) The chief returning officer may appoint and employ the returning officer and assistant returning officers for each election.
'(6) However, the chief returning officer may--
(a) perform or exercise any of the functions of a returning officer appointed and employed under subsection (4) instead of the returning officer; and
(b) give any reasonable directions to a returning officer or assistant returning officer about the performance of the officer's functions.
'(7) Without limiting subsection (6), the chief returning officer may--
(a) decide the places at which nominations are to be received; and
(b) take any necessary action, including requiring the help of a local government, to ensure the proper conduct of the 2008 quadrennial elections.
'(8) The chief executive officer of a local government must give all the help the chief returning officer reasonably requires, including providing access to and use of facilities of the local government.
'(9) The chief returning officer may approve forms for use under this Act for the purposes of the conduct of the 2008 quadrennial elections.
'For applying section 220(1)(a) to the local government areas of the Northern Peninsula Area Regional Council and the Torres Strait Island Regional Council, a person is qualified to become a councillor of the new local government only if the person lives in the particular division for which the person is to be a candidate.
'(1) For applying section 271 for a type 1, type 2 or type 3 election, a new, adjusted or continuing local government, or an existing local government, must, to the extent and at the times the Minister directs, reimburse the State for all costs reasonably incurred, including by the electoral commission, in conducting the election.
'(2) Sections 272 and 273 do not apply.
'(3) For a type 1 election, the chief returning officer must choose and publicly notify an office (the election office) for the new local government for the election.
'(4) The election office for the new local government need not be the public office of an existing local government.
'(5) An election office notified under subsection (3) becomes the public office of the new local government for the purposes of the application of chapter 5 to the election.
'(6) For applying section 304(2) for a type 1, type 2 or type 3 election, a deposit must be held in the trust fund of the electoral commission.
'(7) A deposit to be dealt with under section 314(3) must be paid in to the operating fund of the relevant new, adjusted or continuing local government.
'(8) No action is required to be taken under chapter 5, part 5 for any type 1, type 2 or type 3 election.
Note--
Division 2 provides for the division of new, adjusted and continuing local government areas into divisions.
For applying section 441B, the reference to the chief executive officer of a local government is, for a type 1 election, taken to be a reference to--
(a) until a returning officer is appointed for the election--the interim chief executive officer of the new local government; and
(b) after a returning officer is appointed--the returning officer for the election.
'In this division--
local transition committee includes a transferring area local transition committee.
'(1) This division provides for the giving of directions by the Minister and by the chief executive.
'(2) A direction may be given under this division only if the entity exercising the power is satisfied on reasonable grounds of either or both of the following--
(a) the giving of the direction is in the best interests of achieving the proper and efficient implementation of a reform matter;
Example--
The Minister or chief executive is satisfied on reasonable grounds that a local transition committee is not able to perform its functions.
(b) if the direction is not given, there is a real possibility that the proper and efficient implementation of a reform matter will not happen.
'(3) A direction may be given under this division before or after the changeover day for a new or adjusted local government area.
'(4) This division applies to a continuing local government after the changeover day for the local government.
'The chief executive may do any of the following--
(a) direct a local government, a local transition committee, an interim chief executive officer, an acting chief executive officer or a chief executive officer, to give the chief executive information about a transition matter;
(b) direct that a meeting of a local transition committee or another group of persons be convened;
(c) direct an employee of a local government to take particular action about a transition matter, including, for example--
(i) to perform an action that a provision of this part or a reform implementation regulation requires the local government or anyone else to perform; or
(ii) to take an action that is consistent with the fulfilling of a responsibility imposed on the local government under this part or a reform implementation regulation.
'The Minister may do any of the following--
(a) despite any requirement in this part for the composition of a local transition committee, direct a change in the composition of a local transition committee;
(b) without limiting paragraph (a)--
(i) direct that a single individual is to act in the place of a local transition committee either generally or for a particular purpose, including for example, to complete a transition action plan; or
(ii) direct that a new group of persons is to form a local transition committee in the place of an existing group;
(c) subject to any reform implementation regulation and to any decision of the Local Government Grants Commission under this part, give directions about the allocation of employees, assets, liabilities and property of any kind between local governments whose local government areas have a transferring area included in them or excluded from them;
(d) direct that particular functions do not apply to, and may not be performed by, a stated local transition committee.
'(1) A person or local government given a direction by the Minister or chief executive under this division must comply with the direction.
'(2) If a person or local government contravenes subsection (1), the chief executive may direct an officer or employee of the department, or another person, to take all necessary action to ensure that the direction is effectively complied with.
'(3) An officer or employee given a direction under subsection (2) has all the powers of the person or local government that contravenes subsection (1) necessary for ensuring the direction is effectively complied with.
'In this division--
transition period, for a merging local government, means the period--
(a) starting on the commencement of this section; and
(b) ending on the day immediately before the start of the caretaker period for the election for the new local government in relation to which the local government is a merging local government.
'This division applies to a merging local government only if it does not become an adjusted local government under this part.
Note--
Accordingly, this division does not apply to Ipswich City Council or Torres Shire Council.
'(1) A merging local government must not make a major policy decision in the transition period for the local government
'(2) However, if the local government considers that, having regard to exceptional circumstances that apply, it is necessary to make the major policy decision, the local government must notify the Minister of the making of the decision and the nature of the exceptional circumstances.
'(3) The Minister may, within 7 days after receiving notice of the making of the major policy decision, revoke the decision if the Minister is not satisfied that, having regard to exceptional circumstances that apply, it is necessary for the local government to make the decision.
'(4) This section applies despite chapter 6, part 3.
'(5) To remove any doubt, it is declared that a major policy decision for a merging local government does not include a decision about the appointment of a person to act as the chief executive officer of the local government until the changeover day for the new local government area that includes all or part of the local government area of the merging local government.
'(1) A major policy decision made by a merging local government in the transition period for the local government is invalid if the Minister revokes the local government's decision under this division.
'(2) A contract is void if it is the subject of a major policy decision that is invalid.
'(3) A person who acts in good faith in relation to a major policy decision of a local government, or in relation to a contract that is the subject of a major policy decision, but who suffers loss or damage because of any invalidity of the decision under subsection (1) or because the contract is void under subsection (2), has a right to be compensated by the local government for the loss or damage.
'(4) The person may bring a proceeding to recover the compensation in a court of competent jurisdiction.
'(1) An existing local government must not conduct a poll in its area, or a part of its area, if the question the subject of the poll relates to anything that is, or is in the nature of, a reform matter, or the implementation of a reform matter.
Example--
An existing local government must not conduct a poll under chapter 6, part 2 about whether its local government area should be abolished and be included in a new local government area.
'(2) If, before the commencement of this section, a local government had resolved to conduct a poll the conduct of which is prohibited under subsection (1), the local government--
(a) must take all necessary action to ensure that the poll is not conducted; and
(b) must give public notice that the poll is not to proceed--
(i) by advertisement in a newspaper circulating generally in its local government area or part of its local government area; and
(ii) in any other way that is reasonably appropriate for making the information publicly known.
'(2A) If the poll mentioned in subsection (2) is to be conducted under chapter 6, part 2, the subsection applies despite that part.
'(3) A person who is a councillor of a local government must not take any action for the purpose of the conduct of a poll that the local government is prohibited from conducting under this section.
Maximum penalty--15 penalty units.
'(4) All persons who contravene subsection (3) in relation to a particular poll, whether or not they are prosecuted under subsection (3), are jointly and severally liable for the total poll amount, which may be recovered by the State, in action as for a debt for the amount, and reimbursed to the existing local government, or the successor of the existing local government, less the costs of recovering the amount.
'(5) In this section--
conduct a poll, means--
(a) conduct a poll under chapter 6, part 2; or
(b) take any action to request, arrange, assist, facilitate or cause a poll to be conducted by the Australian Electoral Commission or any other entity.
Example of action to arrange a poll to be conducted--
advertise that the poll is to be conducted
poll, other than for a poll conducted under chapter 6, part 2, includes referendum and plebiscite, and any process similar to a poll, referendum or plebiscite.
successsor, of an existing local government, means a local government that, under a reform implementation regulation, is the successor of the existing local government.
total poll amount means the amount reasonably decided by the Minister as being the total amount of the expenses incurred by the local government in the conduct of the poll after the commencement of this section.
'(1) The chief executive may appoint an advisory committee (the State Transition Committee) to provide oversight in relation to the implementation of transition matters.
'(2) The committee may include officers of the department, councillors of local governments and other persons the chief executive decides.
'(3) The chief executive may decide all matters about the establishment and operation of the committee.
'This part expires at the end of 31 December 2011 or at an earlier time fixed under a regulation.'.