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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Local Government (Accountability Framework) Amendment
Bill 2009
A BILL FOR
An Act to amend the Local Government Act 1999.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Local Government
Act 1999
4 Amendment of section
4—Interpretation
5 Amendment of section 8—Principles to be
observed by a council
6 Amendment of section 12—Composition and
wards
7 Amendment of section 44—Delegations
8 Amendment of section
48—Prudential requirements for certain activities
9 Amendment of
section 49—Contracts and tenders policies
10 Amendment of section
59—Roles of members of councils
11 Amendment of section
74—Members to disclose interests
12 Amendment of section
90—Meetings to be held in public except in special
circumstances
13 Amendment of section 110—Code of
conduct
14 Amendment of section 123—Annual business plans and
budgets
15 Amendment of section 127—Financial
statements
16 Amendment of section 129—Conduct of audit
17 Amendment
of section 132—Access to documents
18 Amendment of section
132A—Related administrative standards
19 Amendment of section
133—Sources of funds
20 Variation of section 151—Basis of
rating
21 Amendment of section 152—General rates
22 Amendment of
section 155—Service rates and service charges
23 Amendment of section
158—Minimum rates and special adjustments for specified
values
24 Amendment of section 161—Rebate of rates—community
services
25 Amendment of section 194—Revocation of classification of
land as community land
26 Amendment of section 201—Sale or disposal of
local government land
27 Amendment of section 202—Alienation of
community land by lease or licence
28 Amendment of section
210—Conversion of private road to public road
29 Amendment of section
216—Power to order owner of private road to carry out specified
roadwork
30 Amendment of section 218—Power to require owner of
adjoining land to carry out specified work
31 Amendment of section
219—Power to assign a name, or change the name, of a road or public
place
32 Amendment of section 220—Numbering of premises and
allotments
33 Substitution of section 237
237 Removal of
vehicles
34 Amendment of section 246—Power to make
by-laws
35 Amendment of section 258—Non-compliance with an order an
offence
36 Amendment of section 270—Procedures for review of decisions
and requests for services
37 Amendment of section 271—Mediation,
conciliation and neutral evaluation
38 Insertion of sections 271A and
271B
271A Provision of information to
Minister
271B Minister may take steps to ensure
reasonable standards are observed
39 Amendment of section
272—Investigation of a council
40 Amendment of section 273—Action
on a report
41 Amendment of section 274—Investigation of a
subsidiary
42 Amendment of section 294—Power to enter and occupy land
in connection with an activity
43 Repeal of section 295
44 Amendment of
section 298—Power of council to act in emergency
45 Amendment of
section 302—Application to Crown
46 Amendment of Schedule
2—Provisions applicable to subsidiaries
47 Amendment of Schedule
4—Material to be included in the annual report of a
council
48 Amendment of Schedule 8—Provisions relating to specific
land
12 Frew Park
Schedule 1—Transitional
provision
1 Transitional provision—audit opinions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Local Government (Accountability Framework)
Amendment Act 2009.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Local Government
Act 1999
4—Amendment of
section 4—Interpretation
Section 4(1), definition of supported accommodation after
paragraph (b) insert:
or
(c) without limiting paragraph (b), accommodation for persons
provided by housing associations registered under the South Australian
Co-operative and Community Housing Act 1991;
5—Amendment of
section 8—Principles to be observed by a council
(1) Section 8—delete ", in the performance of its" and
substitute:
act to uphold and promote observance of the following principles in the
performance of its
(2) Section 8—after paragraph (i) insert:
(j) achieve and maintain standards of good public
administration;
(k) ensure the sustainability of the council's long-term financial
performance and position.
6—Amendment of
section 12—Composition and wards
(1) Section 12(4)—delete "every 8 years" and substitute:
each relevant period that is prescribed by the regulations
(2) Section 12(4a)—delete subsection (4a)
7—Amendment of
section 44—Delegations
Section 44(3)(a)—delete paragraph (a) and substitute:
(a) power to make a by-law or to determine that a by-law applies only
within a part or parts of the area of the council;
8—Amendment of
section 48—Prudential requirements for certain
activities
(1) Section 48—before subsection (1) insert:
(aa1) A council must develop and maintain prudential management policies,
practices and procedures for the assessment of projects to ensure that the
council—
(a) acts with due care, diligence and foresight; and
(b) identifies and manages risks associated with a project; and
(c) makes informed decisions; and
(d) is accountable for the use of council and other public
resources.
(a1) The prudential management policies, practices and procedures
developed by the council for the purposes of subsection (aa1) must be
consistent with any regulations made for the purposes of this section.
(2) Section 48(1)—delete "A council" and substitute:
Without limiting subsection (aa1), a council
(3) Section 48(1)(a)—delete paragraph (a)
(4) Section 48(1)(b)—after subparagraph (ii) insert:
or
(iii) where the council considers that it is necessary or
appropriate.
(5) Section 48—after subsection (2) insert:
(2a) The fact that a project is to be undertaken in stages does not limit
the operation of subsection (1)(b) in relation to the project as a
whole.
(6) Section 48—after subsection (4) insert:
(4a) A report under subsection (1) must not be prepared by a
person—
(a) who is an employee of the council; or
(b) who has an interest in the relevant project.
(4b) A council must give reasonable consideration to a report under
subsection (1) (and must not delegate the requirement to do so under this
subsection).
(7) Section 48—after subsection (6) insert:
(6a) For the purposes of subsection (4a), a person has an interest in
a project if the person, or a person with whom the person is closely associated,
would receive or have a reasonable expectation of receiving a direct or indirect
pecuniary benefit or a non-pecuniary benefit or suffer or have a reasonable
expectation of suffering a direct or indirect detriment or a non-pecuniary
detriment if the project were to proceed.
(6b) A person is closely associated with another person (the
relevant person)—
(a) if that person is a body corporate of which the relevant person is a
director or a member of the governing body; or
(b) if that person is a proprietary company in which the relevant person
is a shareholder; or
(c) if that person is a beneficiary under a trust or an object of a
discretionary trust of which the relevant person is a trustee; or
(d) if that person is a partner of the relevant person; or
(e) if that person is the employer or an employee of the relevant person;
or
(f) if that person is a person from whom the relevant person has received
or might reasonably be expected to receive a fee, commission or other reward for
providing professional or other services; or
(g) if that person is a relative of the relevant person.
(6c) However, a person, or a person closely associated with another
person, will not be regarded as having an interest in a matter—
(a) by virtue only of the fact that the person—
(i) is a ratepayer, elector or resident in the area of the council;
or
(ii) is a member of a non-profit association, other than where the person
is a member of the governing body of the association or organisation;
or
(b) in a prescribed circumstance.
(6d) In this section—
employee of a council includes a person working for the
council on a temporary basis;
non-profit association means a body (whether corporate or
unincorporate)—
(a) that does not have as its principal object or 1 of its principal
objects the carrying on of a trade or the making of a profit; and
(b) that is so constituted that its profits (if any) must be applied
towards the purposes for which it is established and may not be distributed to
its members.
9—Amendment of
section 49—Contracts and tenders policies
(1) Before subsection (1) insert:
(a1) A council must develop and maintain procurement policies, practices
and procedures directed towards—
(a) obtaining value in the expenditure of public money; and
(b) providing for ethical and fair treatment of participants;
and
(c) ensuring probity, accountability and transparency in procurement
operations.
(2) Section 49(1)—delete "A council" and substitute:
Without limiting subsection (a1), a council
(3) Section 49(2)—after paragraph (c) insert:
(d) be consistent with any requirement prescribed by the
regulations.
10—Amendment of
section 59—Roles of members of councils
Section 59(1)(a)—after subparagraph (iii) insert:
(iv) to ensure, as far as is practicable, that the principles set out in
section 8 are observed.
11—Amendment of
section 74—Members to disclose interests
(1) Section 74(4a)(c)—delete paragraph (c)
(2) Section 74—after subsection (4a) insert:
(4b) In addition, subsection (4) does not apply in a case where the
interest of the member arises because of 1 or both of the following
circumstances:
(a) the member or a person closely associated with the member is a member
of, or director or member of the governing body of, a non-profit
association;
(b) the member or a person closely associated with the member is a member
of a body (whether incorporated or unincorporated) comprised of or including, or
having a governing body comprised of or including, a person or persons appointed
or nominated by the council.
12—Amendment of
section 90—Meetings to be held in public except in special
circumstances
Section 90—after subsection (7) insert:
(7a) A council committee meeting will be taken to be conducted in a place
open to the public for the purposes of this section even if 1 or more
committee members participate in the meeting by telephone or other electronic
means in accordance with any procedures prescribed by the regulations or
determined by the council under section 89 (provided that members of the
public can hear the discussion between all committee members and subject to the
qualification that a council may direct a committee not to use telephone or
other electronic means for the purposes of its meetings).
13—Amendment of
section 110—Code of conduct
Section 110—after subsection (3) insert:
(3a) A code of conduct must be consistent with any principle or
requirement prescribed by the regulations and include any mandatory provision
prescribed by the regulations.
(3b) The Minister should take reasonable steps to consult with any
registered association that represents the interests of employees of councils
before a regulation is made under subsection (3a).
14—Amendment of
section 123—Annual business plans and budgets
(1) Section 123(5)—delete "7 days" and substitute:
21 days
(2) Section 123—after subclause (5) insert:
(5a) The council must ensure that provision is made for—
(a) a facility for asking and answering questions; and
(b) the receipt of submissions,
on its website during the public consultation period.
15—Amendment of
section 127—Financial statements
Section 127(1)—delete paragraphs (a) to (e) and substitute:
(a) financial statements and notes in accordance with standards prescribed
by the regulations; and
16—Amendment of
section 129—Conduct of audit
(1) Section 129(1)—delete subsection (1) and substitute:
(1) The auditor of a council must undertake an audit of—
(a) the council's financial statements within a reasonable time after the
statements are referred to the auditor for the audit (and, in any event, unless
there is good reason for a longer period, within 2 months after the
referral); and
(b) the controls exercised by the council during the relevant financial
year in relation to the receipt, expenditure and investment of money, the
acquisition and disposal of property and the incurring of liabilities.
(2) Section 129(3)—delete subsection (3) and substitute:
(3) The auditor must provide to the council—
(a) an audit opinion with respect to the financial statements;
and
(b) an audit opinion as to whether the controls audited under
subsection (1)(b) are sufficient to provide reasonable assurance that the
financial transactions of the council have been conducted properly and in
accordance with law.
(3) Section 129(4)—delete "a report" and substitute:
written advice
(4) Section 129(4)—delete "the audit" and substitute:
an audit
(5) Section 129(5)—delete "report" and substitute:
advice
(6) Section 129(5a)—delete subsection (5a) and
substitute:
(5a) The auditor will provide the report under subsection (3) and the
advice under subsection (4)—
(a) to the principal member of the council (who must ensure that copies of
the documents are provided to the chief executive officer, and that copies are
provided to the other members of council for their consideration at the relevant
meeting under subsection (5b) or subsection (5c)); and
(b) to the council's audit committee.
(5b) Unless subsection (5c) applies, the report and advice must be
placed on the agenda for consideration—
(a) unless paragraph (b) applies—at the next ordinary meeting
of the council;
(b) if the agenda for the next ordinary meeting of the council has already
been sent to members of the council at the time that the report and advice are
provided to the principal member of the council—at the ordinary meeting of
the council next following the meeting for which the agenda has already been
sent, subject to the qualification that this paragraph will not apply if the
principal member of the council determines, after consultation with the chief
executive officer, that the report and advice should be considered at the next
meeting of the council as a late item on the agenda.
(5c) The report and advice may be the subject of a special meeting of the
council called in accordance with the requirements of this Act (and held before
the ordinary meeting of the council that would otherwise apply under
subsection (5b)).
(5d) The report under subsection (3) may be kept confidential until
it is received at the relevant meeting of the council held under
subsection (5b) or subsection (5c).
(5e) The advice under subsection (4) may be kept confidential until
it is received at the relevant meeting of the council held under
subsection (5b) or subsection (5c) or, if the council so resolves at
that meeting, until a later date specified by the council (being not later than
60 days after the date of the meeting).
(7) Section 129(6)(a)—delete "during the course of an
audit"
(8) Section 129(6)(b)—delete "during the course of an
audit"
(9) Section 129(6)—after paragraph (c) insert:
or
(d) an irregular or unauthorised act or omission, of a substantial nature,
relating to the receipt, expenditure or investment of money, the acquisition or
disposal of property, or the incurring of liabilities; or
(e) the reasons for any adverse audit opinion and any recommendations
given to the council by the auditor as a result of that opinion; or
(f) if an audit opinion is provided subject to qualifications or
limitations—the reasons for the provision of the opinion on the qualified
or limited basis; or
(g) any other matter that, in the opinion of the auditor, ought to be
reported to the Minister; or
(h) any other matter of a kind prescribed by the regulations.
(10) Section 129—after subsection (8) insert:
(9) A report under subsection (3), provided to a council under this
section, must accompany the financial statements of the council.
17—Amendment of
section 132—Access to documents
(1) Section 132(3)—delete "should also, so far as is reasonably
practicable," and substitute:
must
(2) Section 132(3)(f)—delete paragraph (f) and substitute:
(f) by-laws made by the council and any determination in respect of a
by-law made under section 246(3)(e);
(3) Section 132(3)—after paragraph (g) insert:
(h) the audited financial statements of the council;
(i) the annual report of the council;
(j) the council's most recent information statement under the Freedom
of Information Act 1991, unless it is provided as part of the annual
report of the council.
(4) Section 132—after subsection (4) insert:
(4a) The Governor may by regulation amend the list of documents contained
in subsection (3) from time to time.
18—Amendment of
section 132A—Related administrative standards
Section 132A(b)—delete paragraph (b) and substitute:
(b) to achieve and maintain standards of good public
administration.
19—Amendment of
section 133—Sources of funds
Section 133, examples, paragraph (b)—delete paragraph (b)
20—Variation of
section 151—Basis of rating
Section 151—after subsection (9) insert:
(10) A council must not, in relation to any financial year, seek to set
fixed charges as a component of general rates under this Part at levels that
will raise a combined amount from such charges that exceeds 50% of all revenue
raised by the council from general rates under this Part.
(11) A charge is not invalid because fixed charges imposed in relation to
any financial year raise more than the amount referred to in
subsection (10).
21—Amendment of
section 152—General rates
(1) Section 152(2)(a)—delete "paragraphs (b), (c) and (d)" and
substitute:
the following paragraphs
(2) Section 152(2)—after paragraph (b) insert:
(ba) a fixed charge cannot be imposed against—
(i) each site in a caravan park; or
(ii) each site in a residential park within the meaning of the
Residential Parks Act 2007;
22—Amendment of
section 155—Service rates and service charges
(1) Section 155—after subsection (2) insert:
(2a) Subsection (2) does not apply in prescribed circumstances.
(2) Section 155(5)—after "future capital works" insert:
and including so as to take into account the depreciation of any
assets
(3) Section 155(5)—after "service in its area" insert:
(being a cost determined taking into account or applying any principle or
requirement prescribed by the regulations)
(4) Section 155(6) and (7)—delete subsections (6) and (7) and
substitute:
(6) Subject to subsection (7), any amounts held in a reserve established
in connection with the operation of subsection (5) must be applied for
purposes associated with improving or replacing council assets for the purposes
of the relevant prescribed service.
(7) If a prescribed service under subsection (6), is, or is to be,
discontinued, any excess of funds held by the council for the purposes of the
service (after taking into account any expenses incurred or to be incurred in
connection with the prescribed service) may be applied for another purpose
specifically identified in the council's annual business plan as being the
purpose for which the funds will now be applied.
(5) Section 155—after subsection 10 insert:
(11) If a prescribed service, in relation to a particular piece of land,
is not provided at the land and cannot be accessed at the land, a council may
not impose in respect of the prescribed service a service rate or annual service
charge (or a combination of both) in relation to the land unless the imposition
of the rate or charge (or combination of both)—
(a) is authorised by the regulations; and
(b) complies with any scheme prescribed by the regulations (including
regulations that limit the amount that may be imposed or that require the
adoption of a sliding or other scale established according to any factor,
prescribed by the regulations, for rates or charges (or a combination of both)
imposed under this section).
23—Amendment of
section 158—Minimum rates and special adjustments for specified
values
(1) Section 158(2)—after paragraph (b) insert:
(ba) a minimum amount cannot be imposed against—
(i) each site in a caravan park; or
(ii) each site in a residential park within the meaning of the
Residential Parks Act 2007; and
(bb) if 2 or more pieces of ratable land within the area of a council
constitute a single farm enterprise, a minimum amount may only be imposed
against 1 of the pieces of land; and
(2) Section 158(2)—after paragraph (d) insert:
(da) a council may not apply this section so as to affect or alter a
separate rate that would be otherwise payable under section 154 in relation
to more than 35% of the total number of properties in the area that should be
subject to the separate rate; and
(3) Section 158(2)(e)—delete paragraph (e) and substitute:
(e) a council cannot apply this section in respect of a general rate or a
separate rate if the council has included a fixed charge as a component of that
rate.
(4) Section 158—after subsection (5) insert:
(6) in this section—
single farm enterprise has the same meaning as under
section 152.
24—Amendment of
section 161—Rebate of rates—community services
Section 161(1)—delete "and administration" and substitute:
or administration (or both)
25—Amendment of
section 194—Revocation of classification of land as community
land
Section 194(2)(a)—after "must prepare" insert:
and make publicly available
26—Amendment of
section 201—Sale or disposal of local government land
Section 201(2)(a)—delete paragraph (a) and substitute:
(a) the council may dispose of community land—
(i) if the land is to be amalgamated with 1 or more other parcels of
land and the amalgamated land is to be (or to continue to be) community land;
or
(ii) in any other case—after revocation of its classification as
community land;
27—Amendment of
section 202—Alienation of community land by lease or
licence
Section 202(4)—delete subsection (4) and substitute:
(4) A lease or licence is to be granted for a term not exceeding
21 years and the term of the lease or licence may be extended but not so
that the term extends beyond a total of 21 years.
(4a) Subsection (4) does not prevent a new lease or licence being
granted at the expiration of 21 years (subject to the other requirements of
this Act or any other law).
28—Amendment of
section 210—Conversion of private road to public road
(1) Section 210(2)—after paragraph (a) insert:
(ab) if a person has some other form of registered legal interest over the
road and the identity and whereabouts of that person are known to the
council—give written notice to the person of the proposed declaration;
and
(2) Section 210(3)—delete subsection (3) and substitute:
(3) The following applications may be made to the Land and Valuation Court
in connection with a declaration under this section:
(a) an owner of the private road may apply to the court for compensation
for the loss of the owner's interest in the road;
(b) a person who has some other form of registered legal interest over the
private road may apply to the court for compensation for the affect of the
discharge of that interest.
29—Amendment of
section 216—Power to order owner of private road to carry out specified
roadwork
Section 216—delete subsection (2) and substitute:
(2) Divisions 2 and 3 of Part 2 of Chapter 12 apply with respect
to—
(a) any proposal to make an order; and
(b) if an order is made, any order,
under subsection (1).
30—Amendment of
section 218—Power to require owner of adjoining land to carry out
specified work
Section 218(2)—delete subsection (2) and substitute:
(2) Divisions 2 and 3 of Part 2 of Chapter 12 apply with respect
to—
(a) any proposal to make an order; and
(b) if an order is made, any order,
under subsection (1).
31—Amendment of
section 219—Power to assign a name, or change the name, of a road or
public place
(1) Section 219—after subsection (1) insert:
(1a) The council must assign a name to a public road created after the
commencement of this subsection by land division.
(2) Section 219(4)—delete "a resolution assigning or changing" and
substitute:
the assigning or changing of
(3) Section 219—after subsection (4) insert:
(5) A council must prepare and adopt a policy relating to the assigning of
names under this section.
(6) A council may at any time alter its policy, or substitute a new
policy.
(7) Public notice must be given of the adopting or altering of a policy
under this section.
(8) A reference in this section to land division is a reference to the
division of an allotment under the Development Act 1993 or to the
dealing with land under the Roads (Opening and Closing) Act 1991 so
as to open a road.
32—Amendment of
section 220—Numbering of premises and allotments
(1) Section 220—after subsection (1) insert:
(1a) The council must assign a number (as part of its primary street
address) to all buildings or allotments adjoining a public road created after
the commencement of this subsection by land division.
(1b) A council must ensure that an assignment under subsection (1a)
occurs within 30 days after the issue of certificate of title in relation
to the relevant land division in accordance with any requirements prescribed by
regulations made for the purposes of this subsection.
(2) Section 220(3)—delete "a resolution adopting, altering or
substituting" and substitute:
the adopting, altering or substituting of
(3) Section 220(4)—delete "resolution" and substitute:
decision of the council to adopt, alter or substitute a numbering
system
33—Substitution of
section 237
Delete section 237 and substitute:
237—Removal of vehicles
(1) If a vehicle has been left on a public road or place, or on local
government land for at least 24 hours, an authorised person may place a
prescribed warning notice on the vehicle.
(2) After 24 hours has expired since the placement of a prescribed
warning notice, an authorised person may have the vehicle removed to an
appropriate place.
(3) Subsections (1) and (2) do not apply in prescribed
circumstances.
(4) The council must ensure that the owner of the vehicle is notified of
the removal of the vehicle and of the place to which the vehicle was
removed—
(a) by written notice in the prescribed form—
(i) served on the owner personally; or
(ii) served on the owner by the use of person-to-person registered
post,
as soon as practicable after the removal of the vehicle; or
(b) if the owner is unknown or cannot be found—by public notice
published in a newspaper circulating generally in the State within 14 days
after the removal of the vehicle.
(5) If the owner of the vehicle does not, within 1 month after
service or publication of the notice relating to the removal of the
vehicle—
(a) take possession of the vehicle; and
(b) pay all expenses in connection with the removal, custody and
maintenance of the vehicle and of serving, posting or publishing the
notice,
the council must, subject to subsection (6)(b), offer the vehicle for
sale by public auction or public tender.
(6) If—
(a) the vehicle is offered for sale but is not sold; or
(b) the council reasonably believes that the proceeds of the sale of the
vehicle would be unlikely to exceed the costs incurred in selling the vehicle or
the costs incidental to removing or holding the vehicle, or those costs
combined,
the council may dispose of the vehicle in such manner as the council thinks
fit.
(7) The council must apply any proceeds of sale of the vehicle as
follows:
(a) firstly, in payment of the costs of and incidental to the
sale;
(b) secondly, in payment of the costs of and incidental to the removal,
custody and maintenance of the vehicle and of the notice served, posted or
published under this section;
(c) thirdly, in payment of the balance to the owner of the
vehicle.
(8) If after reasonable inquiry following sale of the vehicle the owner of
the vehicle cannot be found, the balance of the proceeds of the sale is to be
paid to the council.
(9) If after taking reasonable steps the council cannot return property
found in the vehicle—
(a) the goods will be taken to be unclaimed goods for the purposes of the
Unclaimed Goods Act 1987; and
(b) the council will be taken to be a bailee of the goods under that
Act.
34—Amendment of
section 246—Power to make by-laws
Section 246—after subsection (4) insert:
(4a) If a council makes a determination under subsection (3)(e), the
council must ensure that notice of the determination is published in the Gazette
and in a newspaper circulating in the area of the council.
35—Amendment of
section 258—Non-compliance with an order an offence
Section 258, penalty and expiation fee provisions—delete the penalty
and expiation fee provisions and substitute:
Maximum penalty: $2 500.
Expiation fee: $210.
36—Amendment of
section 270—Procedures for review of decisions and requests for
services
(1) Section 270—before subsection (1) insert:
(a1) A council must develop and maintain policies, practices and
procedures for dealing with—
(a) any reasonable request for the provision of a service by the council
or for the improvement of a service provided by the council; or
(b) complaints about the actions of the council, employees of the council,
or other persons acting on behalf of the council.
(a2) The policies, practices and procedures required under
subsection (a1) must be directed towards—
(a) dealing with the relevant requests or complaints in a timely,
effective and fair way; and
(b) using information gained from the council's community to improve its
services and operations.
(2) Section 270(1)—delete "A council" and substitute:
Without limiting subsections (a1) and (a2), a council
(3) Section 270—after subsection (4) insert:
(4a) The policies, practices and procedures established under this section
must be consistent with any requirement prescribed by the regulations.
(4) Section 270(5) after "a document concerning the" insert:
policies, practices and
(5) Section 270(6) after "may amend the" insert:
policies, practices or
37—Amendment of
section 271—Mediation, conciliation and neutral
evaluation
(1) Section 271(1)—after "mediation" insert:
, conciliation
(2) Section 271(2)—after "mediators" insert:
, conciliators
(3) Section 271(2)—after "mediator" insert:
, conciliator
(4) Section 271—after subsection (3) insert:
(3a) For the purposes of conciliation proceedings—
(a) the conciliator may call a conference of the parties to the dispute
and at that conference seek to identify the issues and to provide advice as to
how the matter might be settled through the conciliation proceedings;
and
(b) the conciliator may make a recommendation for the resolution of the
dispute; and
(c) a conference may be adjourned from time to time by the conciliator;
and
(d) the conciliator may at any time bring the proceedings to an end if the
conciliator considers that the proceedings will not result in a settlement of
the matter.
38—Insertion of
sections 271A and 271B
Before section 272 insert:
271A—Provision of information to
Minister
(1) A council must, at the request of the Minister, provide to the
Minister specified information, or information of a specified kind, relating to
the affairs or operations of the council.
(2) A request by the Minister under subsection (1)—
(a) must be in writing; and
(b) may specify a period within which the information must be
provided.
(3) A council may provide information in accordance with a request under
subsection (1) even if—
(a) the information was given to the council in confidence; or
(b) the information—
(i) relates to a matter dealt with on a confidential basis under
Chapter 6 Part 3; or
(ii) is held on a confidential basis under Chapter 6
Part 4.
(4) The provision of information by a council under this section will
not—
(a) constitute a breach of, or default under, a contract, agreement,
understanding or undertaking; or
(b) constitute a breach of a duty of confidence; or
(c) constitute a civil or criminal wrong; or
(d) terminate an agreement or obligation or fulfil any condition that
allows a person to terminate an agreement or obligation, or give rise to any
other right or remedy; or
(e) affect the status of any document for the purposes of the Freedom
of Information Act 1991 (and, in particular, if information is
contained in a document that is an exempt document under that Act in the
possession of the Council then the document will remain an exempt document in
the possession of the Minister).
(5) A request under this section will not extend to information that is
privileged on the ground of legal professional privilege.
271B—Minister may take steps to ensure reasonable
standards are observed
(1) The Minister may, after taking into account such matters as the
Minister thinks fit, request a council—
(a) to obtain an independent assessment of its probity or its compliance
with any requirement placed on the council under this or any other Act;
or
(b) without limiting paragraph (a)—to take specified action to
meet standards in the conduct or administration of the affairs of the council
identified by the Minister as being consistent with the objects of this Act, or
any principles or requirements applying under this Act.
(2) However, the Minister should not act under subsection (1) unless
satisfied that the particular circumstances warrant action being taken under
this section.
39—Amendment of
section 272—Investigation of a council
(1) Section 272(1)—after paragraph (a) insert:
(ab) a council has failed to comply with a request under section 271A
or 271B; or
(2) Section 272(2)—delete "The Minister" and substitute:
Subject to subsection (2a), the Minister
(3) Section 272—after subsection (2) insert:
(2a) The Minister is not required to give notice under subsection (2)
if the Minister considers that the giving of notice would be likely to undermine
the investigation.
(2b) The Minister must give due consideration to ensuring that an
investigator appointed under subsection (1) has qualifications,
accreditation, training or experience suitable for performing the particular
investigation.
(4) Section 272(3)—after paragraph (d) insert:
(e) require a person who has access to information that is, in the opinion
of the investigator, relevant to the investigation, to provide that information
to the investigator in a form determined by the investigator;
(f) inspect—
(i) any building or other premises occupied by the council;
(ii) the operations of the council conducted in or on any building or
other premises.
(5) Section 272—after subsection (6) insert:
(6a) If during the course of an investigation an investigator considers
that other matters relating to the affairs or operations of the council should
be subject to investigation or report, the investigator may, after consultation
with the Minister, proceed to investigate (as necessary), and report on those
matters.
40—Amendment of
section 273—Action on a report
(1) Section 273(2)(b)—after subparagraph (iii) insert:
or
(iv) that a council has failed to respond appropriately to a
recommendation of the Ombudsman; or
(v) that a council has failed to address appropriately a matter that
formed the basis of a request under section 271B,
(2) Section 273(2)—after "failure or irregularity" insert:
, or as the Minister otherwise thinks fit
(3) Section 273(2)(c)—after paragraph (iii) insert:
or
(iv) a failure to comply with a direction under subsection (2)(b);
or
(v) a failure to comply with a requirement to take specified action in
respect of a subsidiary for the purposes of section 275,
(4) Section 273(4)—delete subsection (4)
41—Amendment of
section 274—Investigation of a subsidiary
(1) Section 274(3)—delete "The Minister" and substitute:
Subject to subsection (3a), the Minister,
(2) Section 274—after subsection (3) insert:
(3a) The Minister is not required to give notice under subsection (3)
if the Minister considers that the giving of notice would be likely to undermine
the investigation.
(3b) The Minister must give due consideration to ensuring that an
investigator appointed under subsection (2) has qualifications,
accreditation, training or experience suitable for performing the particular
investigation.
(3) Section 274(4)—after paragraph (d) inset:
(e) require a person who has access to information that is, in the opinion
of the investigator, relevant to the investigation, to provide that information
to the investigator in a form determined by the investigator;
(f) inspect—
(i) any building or other premises occupied by the subsidiary;
(ii) the operations of the subsidiary conducted in or on any building or
other premises.
(4) Section 274—after subsection (7) insert:
(7a) If during the course of an investigation an investigator considers
that other matters relating to the affairs or operations of the subsidiary
should be subject to investigation or report, the investigator may, after
consultation with the Minister, proceed to investigate (as necessary) and report
on those matters.
42—Amendment of
section 294—Power to enter and occupy land in connection with an
activity
(1) Section 294(1)(c)—after subparagraph (iv) insert:
(iva) conduct surveys, inspections, examinations and tests, and carry out
work;
(2) Section 294—after subsection (1) insert:
(1a) Subject to subsection (1b), an owner or occupier of the land
must be given at least 48 hours notice in writing of an intention to
exercise a power under subsection (1)(b) or (c).
(1b) Notice need not be given under subsection (1a)
if—
(a) action is required to be taken in an emergency or it is otherwise
impracticable to give 48 hours notice in the circumstances of the
particular case; or
(b) the occupation of the land, or any activities on the
land—
(i) are not expected to extend beyond 24 hours; and
(ii) are not expected to cause any material nuisance or damage;
or
(c) the whereabouts of an owner or occupier of land cannot be found after
making reasonable inquiries.
(3) Section 294(3)—delete subsection (3) and substitute:
(3) The council must—
(a) pay to the owner or occupier of the land rent on a quarterly or
half-yearly basis, at a rate to be determined by agreement between the council
and the owner or occupier or, in default of agreement, by the Land and Valuation
Court; and
(b) pay to the owner or occupier of the land within 1 month after
occupying the land—reasonable compensation for damage caused to any crops
on the land; and
(c) within 6 months of ceasing to occupy the land—
(i) remedy damage to land caused by the council while in occupation of the
land (to such extent as this may be reasonably practicable); and
(ii) pay to the owner or occupier of the land reasonable compensation for
any other loss or damage caused by the council, including the full value of any
earth, minerals or resources taken from the land.
(4) Section 294(8)—after definition of minerals
insert:
work includes work associated with—
(a) the construction, maintenance, repair or replacement of
infrastructure, equipment, connections, structures, works or other facilities
(including dams or other structures or facilities associated with stormwater
management or flood mitigation); or
(b) the provision of services or facilities that benefit the area of the
relevant council; or
(c) the carrying out of any other function or responsibility of the
relevant council.
Section 295—delete the section
44—Amendment of
section 298—Power of council to act in emergency
Section 298(3) and (4)—delete subsections (3) and (4)
45—Amendment of
section 302—Application to Crown
Section 302—after its present contents (now to be designated as
subsection (1)) insert:
(2) The Crown is bound by Chapter 10 of this Act.
46—Amendment of
Schedule 2—Provisions applicable to subsidiaries
(1) Schedule 2, Part 1 clause 13(2)—delete ", unless exempted by the
council,"
(2) Schedule 2, Part 1, clause 13(3)—after "the council"
insert:
(and may include persons who are members of the council's audit
committee)
(3) Schedule 2, Part 2, clause 30(2)—delete "its charter" and
substitute:
regulation
(4) Schedule 2, Part 2, clause 30(3)—after "the
constituent councils" insert:
(and may include persons who are members of a constituent council's audit
committee)
47—Amendment of
Schedule 4—Material to be included in the annual report of a
council
Schedule 4, clause 1, paragraph (e)—delete the paragraph
48—Amendment of
Schedule 8—Provisions relating to specific land
Schedule 8—after clause 11 insert:
12—Frew Park
(1) Frew Park is classified as community land and the classification is
irrevocable.
(2) The Frew Park trust is revoked by force of this clause.
(3) In this clause—
Frew Park means the whole of the land comprised in
Certificate of Title Register Book Volume 5638 Folio 340;
Frew Park trust means the declaration of trust dated
4 August 1896 by which Frew Park is held on trust for the
inhabitants of the town of Mount Gambier.
Schedule
1—Transitional provision
1—Transitional
provision—audit opinions
(1) Subject to subclause (2), the auditor of a council is not
required—
(a) to undertake that part of an audit required by paragraph (b) of
section 129(1) of the principal Act (as enacted by this Act); or
(b) to provide an audit opinion required by paragraph (b) of
section 129(3) of the principal Act (as enacted by this Act),
until—
(c) in the case of a prescribed council—the audit in relation to the
2012/2013 financial year;
(d) in the case of any other council—the audit in relation to the
2015/2016 financial year.
(2) The Minister may, on the application of a prescribed council, grant a
1 year extension to the period that would otherwise apply under
subclause (1)(c) with or without conditions.
(3) In this clause—
prescribed council means any of the following
councils:
(a) City of Burnside;
(b) City of Charles Sturt;
(c) City of Holdfast Bay;
(d) City of Mitcham;
(e) City of Onkaparinga;
(f) City of Playford;
(g) City of Port Adelaide Enfield;
(h) City of Prospect;
(i) City of Salisbury;
(j) City of Tea Tree Gully;
(k) City of West Torrens;
(l) The Corporation of the City of Adelaide;
(m) The Corporation of the City of Campbelltown;
(n) The Corporation of the City of Marion;
(o) The Corporation of the City of Norwood Payneham and St
Peters;
(p) The Corporation of the City of Unley;
(q) The Corporation of the Town of Walkerville;
principal Act means the Local Government
Act 1999.