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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Council Allowances)
Bill 2009
A BILL FOR
An Act to amend the Local Government Act 1999 and the City
of Adelaide Act 1998.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Local Government
Act 1999
4 Substitution of section
76
76 Allowances
Part 3—Amendment of City of Adelaide
Act 1998
5 Substitution of section
24
24 Allowances
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Council Allowances)
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
Section 76—delete the section and substitute:
76—Allowances
(1) Subject to this section, a member of a council is entitled to the
allowance determined by the Remuneration Tribunal in relation to the member's
office and indexed in accordance with this section.
(2) The Remuneration Tribunal must make determinations under this section
on a 4 yearly basis before the designated day in relation to each set of
periodic elections held under the Local Government (Elections)
Act 1999.
(3) The Remuneration Tribunal must, in making a determination under this
section, have regard to the following:
(a) the role of members of council as members of the council's governing
body and as representatives of their area;
(b) the size, population and revenue of the council, and any relevant
economic factors in the council area;
(c) the fact that an allowance under this section is not intended to
amount to a salary for a member;
(d) the fact that an allowance under this section should reflect the
nature of a member's office;
(e) the provisions of this Act providing for the reimbursement of expenses
of members.
(4) For the purposes of the proceedings before the Remuneration Tribunal
but without derogating from the operation of subsection (3), the allowances
to be determined under this section will be taken to be in the nature of a fee
under the definition of remuneration in the Remuneration
Act 1990.
(5) Without limiting section 10 of the Remuneration
Act 1990, the Remuneration Tribunal must—
(a) allow persons who are entitled to be enrolled on the voters roll for
an area a reasonable opportunity to make submissions orally or in writing to the
Tribunal in relation to a determination under this section that relates to the
members of the council for that area; and
(b) allow the LGA a reasonable opportunity to make submissions orally or
in writing to the Tribunal in relation to any determination under this
section.
(6) Nothing in subsection (5) requires the Remuneration Tribunal, for
the purposes of making all determinations required under this section in any
4 year period, to hold more than 1 hearing to receive any oral
submissions that persons may care to make (and the Tribunal is not required to
hold any hearing if it appears to the Tribunal that no one is seeking to make
oral submissions).
(7) The rates of allowances may vary from office to office, and from
council to council.
(8) An allowance determined under this section will, in relation to the
members of a particular council, take effect from the first ordinary meeting of
the council held after the conclusion of the relevant periodic
election.
(9) An allowance determined under this section is to be adjusted on the
first, second and third anniversaries of the relevant periodic elections to
reflect changes in the Consumer Price Index under a scheme prescribed by the
regulations.
(10) Sections 17 and 19 of the Remuneration Act 1990 do
not apply in relation to a determination under this section.
(11) A member of a council who holds an office for part only of the period
in respect of which an allowance is payable is entitled to the proportion of the
allowance that the period for which the member held the office bears to the
total period.
(12) An allowance under this section is to be paid in accordance with any
requirement set out in the regulations (unless the member declines to accept
payment of an allowance).
(13) Despite any other Act or law, the reasonable costs of the
Remuneration Tribunal in making a determination under this section are to be
paid by the LGA under an arrangement established by the Minister from time to
time after consultation with the President of the LGA and the President of the
Tribunal.
(14) Regulations made for the purposes of this section may make different
provision according to the offices or classes of council to which they are
expressed to apply.
(15) In this section—
Consumer Price Index means the Consumer Price Index (All
groups index for Adelaide) published by the Australian Bureau of
Statistics;
designated day, in relation to particular periodic elections,
means the day that is 14 days before the day on which nominations close for
those elections.
Part 3—Amendment
of City of Adelaide
Act 1998
Section 24—delete the section and substitute:
24—Allowances
(1) Subject to this section, a member of the Council is entitled to the
allowance determined by the Remuneration Tribunal in relation to the member's
office and indexed in accordance with this section.
(2) The Remuneration Tribunal must make determinations under this section
on a 4 yearly basis before the designated day in relation to each periodic
election for the City of Adelaide held under the Local Government (Elections)
Act 1999.
(3) The Remuneration Tribunal must, in making a determination under this
section, have regard to the following:
(a) the role of members of the Council as members of the Council's
governing body and as representatives of their area;
(b) the size, population and revenue of the Council, and any relevant
economic factors in the council area;
(c) the fact that an allowance under this section is not intended to
amount to a salary for a member;
(d) the fact that an allowance under this section should reflect the
nature of a member's office;
(e) the provisions of this Act providing for the reimbursement of expenses
of members.
(4) For the purposes of the proceedings before the Remuneration Tribunal
but without derogating from the operation of subsection (3), the allowances
to be determined under this section will be taken to be in the nature of a fee
under the definition of remuneration in the Remuneration
Act 1990.
(5) Without limiting section 10 of the Remuneration
Act 1990, the Remuneration Tribunal must allow persons who are entitled
to be enrolled on the voters roll for the City of Adelaide, and the LGA, a
reasonable opportunity to make submissions orally or in writing to the Tribunal
in relation to any determination under this section.
(6) Nothing in subsection (5) requires the Remuneration Tribunal, for
the purposes of making all determinations required under this section in any
4 year period, to hold more than 1 hearing to receive any oral
submissions that persons may care to make (and the Tribunal is not required to
hold any hearing if it appears to the Tribunal that no one is seeking to make
oral submissions).
(7) The rates of allowances may vary from office to office.
(8) An allowance determined under this section will take effect from the
first ordinary meeting of the Council held after the conclusion of the relevant
periodic election.
(9) An allowance determined under this section is to be adjusted on the
first, second and third anniversaries of the determination to reflect changes in
the Consumer Price Index under a scheme prescribed by the regulations.
(10) Sections 17 and 19 of the Remuneration Act 1990 do
not apply in relation to a determination under this section.
(11) A member of the Council who holds an office for part only of the
period in respect of which an allowance is payable is entitled to the proportion
of the allowance that the period for which the member held the office bears to
the total period.
(12) An allowance under this section is to be paid in accordance with any
requirement set out in the regulations (unless the member declines to accept
payment of an allowance).
(13) Despite any other Act or law, the reasonable costs of the
Remuneration Tribunal in making a determination under this section are to be
paid by the LGA under an arrangement established by the Minister from time to
time after consultation with the President of the LGA and the President of the
Tribunal.
(14) Regulations made for the purposes of this section may make different
provisions according to the offices to which they are expressed to
apply.
(15) In this section—
Consumer Price Index means the Consumer Price Index (All
groups index for Adelaide) published by the Australian Bureau of
Statistics;
designated day, in relation to a particular periodic
election, means the day that is 14 days before the day on which nominations
close for that election.