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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Local Government Review)
Bill 2020
A BILL FOR
An Act to amend the
Local
Government Act 1999
, the
Local
Government (Elections) Act 1999
, the
City
of Adelaide Act 1998
and to amend various other Acts related to the review of the system of
local government in South Australia.
Contents
Part 2—Amendment of Local Government
Act 1999
4Amendment of section
3—Objects
5Amendment of section
4—Interpretation
6Amendment of section 6—Principal role of
council
7Amendment of section 7—Functions of
council
8Amendment of section 8—Principles to be
observed by council
10Amendment of section 12—Composition and
wards
11Amendment of section 13—Status of
council or change of various names
12Amendment of section
26—Principles
13Amendment of section
44—Delegations
14Amendment of section 45—Principal
office
15Amendment of section 48—Prudential
requirements for certain activities
16Amendment of section 49—Contracts and
tenders policies
17Substitution of Chapter 4 Part 5
50Community
engagement charter
50ACouncil
community engagement policy
18Amendment of section
51—Principal member of council
19Amendment of section 54—Casual
vacancies
20Amendment of section 55—Specific
requirements if member disqualified
55ALeave of
absence—council member contesting election
22Amendment of section 58—Specific roles
of principal member
23Amendment of section 59—Roles of members
of councils
24Substitution of heading to Chapter 5 Part
4
25Substitution of heading to Chapter 5 Part 4
Division 1
26Insertion of Subdivision heading
27Amendment of section 62—General
duties
29Substitution of heading to Chapter 5 Part 4
Division 2
30Amendment of Chapter 5 Part 4 Division
2
31Amendment of section
64—Interpretation
32Amendment of section 67—Form and content
of returns
33Amendment of section 68—Register of
Interests
34Amendment of section 69—Provision of
false information
35Amendment of section 70—Publication of
Register
36Amendment of section 71—Restrictions on
publication
37Insertion of Chapter 5 Part 4 Division 1
Subdivision 3
Subdivision 3—Gifts and
benefits
72ARegister of
gifts and benefits
38Substitution of Chapter 5 Part 4 Division
3
Subdivision 4—Conflicts
of interest
74General conflicts of
interest
75Material conflicts of
interest
75AExemptions and other
matters
75BDealing with general
conflicts of interest
75CDealing with
material conflicts of interest
75DApplication of
Subdivision to members and meetings of committees and subsidiaries
39Insertion of Chapter 5 Part 4 Division
2
75FCouncil
behavioural support policies
Division 3—Health and safety
duties
40Amendment of section
76—Allowances
41Amendment of section 77—Reimbursement of
expenses
42Amendment of section 79—Register of
allowances and benefits
43Amendment of section 80A—Training and
development
44Insertion of Chapter 5 Part 7
80BSuspension—member of council subject to
intervention order
45Amendment of section 83—Notice of
ordinary or special meetings
46Amendment of section 84—Public notice of
council meetings
47Amendment of section
85—Quorum
48Amendment of section 86—Procedure at
meetings
49Amendment of section 87—Calling and
timing of committee meetings
50Amendment of section 88—Public notice of
committee meetings
51Amendment of section 90—Meetings to be
held in public except in special circumstances
52Insertion of section 90A—Information or
briefing sessions
90AInformation or
briefing sessions
53Amendment of section 91—Minutes and
release of documents
54Amendment of section 92—Access to
meetings and documents—code of practice
55Amendment of section 93—Meetings of
electors
57Amendment of section 97—Vacancy in
office
58Amendment of section 98—Appointment
procedures
59Amendment of section 99—Role of chief
executive officer
99ARemuneration of
chief executive officer
102AChief executive
officer—performance review
62Amendment of section 105—Register of
remuneration, salaries and benefits
63Substitution of heading to Chapter 7 Part
4
64Substitution of heading to Chapter 7 Part 4
Division 1
65Insertion of Subdivision
heading
66Amendment of section
108—Interpretation
67Amendment of section 109—General duty
and compliance
69Amendment of section 110A—Duty to
protect confidential information
70Substitution of heading to Chapter 7 Part 4
Division 2
71Amendment of Chapter 7 Part 4 Division
2
72Amendment of section 117—Provision of
false information
73Amendment of section 119—Restrictions
on disclosure
74Insertion of Chapter 7 Part 4 Division 1
Subdivision 2A
Subdivision 2A—Gifts and
benefits
119ARegister of
gifts and benefits
75Substitution of heading to Chapter 7 Part 4
Division 3
76Amendment of section 120—Conflict of
interest
77Insertion of Chapter 7 Part 4 Division
2
78Amendment of section 122—Strategic
management plans
79Amendment of section 123—Annual
business plans and budgets
80Amendment of heading to Chapter 8 Part 3
Division 2
81Amendment of section 125—Internal
control policies
83Amendment of section 126—Audit and risk
committee
126ARegional audit
and risk committee
85Amendment of section 127—Financial
statements
86Amendment of section
128—Auditor
87Amendment of section 129—Conduct of
audit
88Amendment of section 130A—Other
investigations
89Amendment of section 131—Annual report
to be prepared and adopted
131AProvision of
information to Minister
91Amendment of section 132—Access to
documents
92Amendment of section 147—Rateability of
land
93Amendment of section 151—Basis of
rating
94Amendment of section 153—Declaration of
general rate (including differential general rates)
95Amendment of section 156—Basis of
differential rates
170Notice of
declaration of rates
97Amendment of section 181—Payment of
rates—general principles
98Amendment of section 184—Sale of land
for non-payment of rates
99Amendment of section 188—Fees and
charges
100Amendment of section
193—Classification
101Amendment of section 194—Revocation of
classification of land as community land etc
102Insertion of sections 194A and
194B
194ARevocation of community
land classification requiring Ministerial approval—process
194BRevocation of
community land classification of other land—process
103Amendment of section 196—Management
plans
104Amendment of section 197—Public
consultation on proposed management plan
105Amendment of section 202—Alienation of
community land by lease or licence
106Amendment of section
207—Register
107Amendment of section 219—Power to
assign name, or change name, of road or public place
108Amendment of section 221—Alteration of
road
109Amendment of section 222—Permits for
business purposes
110Amendment of section 223—Public
consultation
111Amendment of section 224—Conditions of
authorisation or permit
113Amendment of section 225—Cancellation
of authorisation or permit
115Amendment of section 225B—Review of
granting of authorisations and permits
116Amendment of section
231—Register
117Amendment of section
232—Trees
118Amendment of section 234AA—Interaction
with processes associated with development authorisations
119Amendment of section 234A—Prohibition
of traffic or closure of streets or roads
120Amendment of section 237—Removal of
vehicles
121Amendment of section 246—Power to make
by-laws
122Amendment of section 249—Passing
by-laws
123Amendment of section 250—Model
by-laws
124Amendment of section 252—Register of
by-laws and certified copies
125Amendment of section 259—Councils to
develop policies
126Insertion of Chapter 13 Part
A1
Division 1—Council to
deal with member behaviour
262BBehavioural
management policy
Division 2—Behavioural
standards panel
Subdivision 2—Behavioural
standards panel
262FEstablishment and
constitution
Subdivision 3—Inquiries
and action on complaints referred to Panel
262UPowers relating to
inquiries
262YReferral of
complaint to OPI
127Amendment of heading to Chapter 13 Part
1
129Amendment of section
263A—Investigations by Ombudsman
130Amendment of section 263B—Outcome of
Ombudsman investigation
131Amendment of section 264—Complaint
lodged with SACAT
132Amendment of section 265—Hearing by
SACAT
133Amendment of section 267—Outcome of
proceedings
135Amendment of section 270—Procedures
for review of decisions and requests for services
136Amendment of section 273—Action on
report
137Amendment of section 279—Service of
documents by councils etc
138Amendment of section 280—Service of
documents on councils
139Amendment of section
303—Regulations
140Amendment of Schedule
1A—Implementation of Stormwater Management Agreement
141Amendment of Schedule 2—Provisions
applicable to subsidiaries
142Amendment of Schedule 3—Register of
Interests—Form of returns
143Amendment of Schedule 4—Material to be
included in annual report of council
144Amendment of Schedule 5—Documents to
be made available by councils
145Amendment of Schedule 8—Provisions
relating to specific land
Schedule 9—Suspension of
members
Part 3—Amendment of Local Government
(Elections) Act 1999
148Amendment of section
4—Preliminary
150Amendment of section 6—Supplementary
elections
6AFilling vacancy
in certain circumstances
152Amendment of section 7—Failure of
election in certain cases
153Amendment of section 9—Council may
hold polls
154Amendment of section 13A—Information,
education and publicity for general election
155Amendment of section 15—Voters
roll
156Amendment of section 17—Entitlement to
stand for election
157Amendment of section 19A—Publication
of candidate profiles
21Publication etc
of valid nominations
159Amendment of section 27—Publication of
electoral material
160Amendment of section 28—Publication of
misleading material
161Amendment of section 29—Ballot
papers
162Amendment of section 31—Special
arrangements for issue of voting papers
163Amendment of section 35—Special
arrangements for issue of voting papers
164Substitution of heading to Part
9
165Amendment of section 37—Postal voting
to be used
166Amendment of section 38—Notice of use
of postal voting
167Amendment of section 39—Issue of
postal voting papers
169Amendment of section 43—Issue of fresh
postal voting papers
170Amendment of section 47—Arranging
postal papers
171Amendment of section 48—Method of
counting and provisional declarations
172Amendment of section 55A—Filling
vacancy if successful candidate dies
173Amendment of section 57—Violence,
intimidation, bribery etc
69AElectoral
Commissioner may lodge petition
175Amendment of section 70—Procedure upon
petition
176Amendment of section 73—Illegal
practices and orders that may be made
178Amendment of section 81—Campaign
donations returns
179Insertion of sections 81A and
81B
81BDisclosure
period etc for returns
180Amendment of section 83—Inability to
complete return
181Amendment of section 84—Amendment of
return
182Amendment of section 86—Failure to
comply with Division
183Amendment of section 87—Public
inspection of returns
184Amendment of section 89—Requirement to
keep proper records
185Amendment of section 91A—Conduct of
council during election period
186Amendment of section
93—Regulations
Part 4—Amendment of City of Adelaide
Act 1998
187Amendment of section
4—Interpretation
188Amendment of section 20—Constitution
of Council
189Amendment of section 21—Lord
Mayor
190Amendment of section
22—Members
191Amendment of Schedule 1—Special
provisions for elections and polls
Part 5—Amendment of Crown Land
Management Act 2009
20ARevocation of
dedicated land classified as community land
Part 6—Amendment of Equal
Opportunity Act 1984
193Amendment of section 87—Sexual
harassment
Part 7—Amendment of Planning,
Development and Infrastructure Act 2016
194Amendment of section 83—Panels
established by joint planning boards or councils
195Amendment of section 84—Panels
established by Minister
Part 8—Amendment of Public Finance
and Audit Act 1987
196Amendment of section
4—Interpretation
197Amendment of section 30—Obligation to
assist Auditor-General
199Amendment of section 34—Powers of
Auditor-General to obtain information
Part 9—Amendment of South Australian
Local Government Grants Commission Act 1992
200Amendment of section 19—Information to
be supplied to Commission
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Local Government
Review) Act 2020.
(1) This Act comes into operation on a day to be fixed by
proclamation.
(2) Section 7(5) of the
Acts
Interpretation Act 1915
does not apply to this Act.
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 3—Objects
Section 3(f)—after "communities" insert:
and to provide for appropriate financial contributions by ratepayers to
those services and facilities
5—Amendment
of section 4—Interpretation
(1) Section 4(1)—after the definition of authorised
person insert:
behavioural management policy—see section
262B(1);
behavioural standards means the standards of behaviour to be
observed by members of councils published under Chapter 5 Part 4
Division 2;
Behavioural Standards Panel or Panel means the
Behavioural Standards Panel established under Chapter 13 Part A1
Division 2;
behavioural support policy—see section
75F(1);
(2) Section 4(1), definition of Commission—delete the
definition and substitute:
Commission or South Australian Local Government
Boundaries Commission means the South Australian Local Government Grants
Commission established under the
South
Australian Local Government Grants Commission Act 1992
;
(3) Section 4(1)—after the definition of Commission
insert:
community engagement charter—see Chapter 4 Part
5;
community engagement policy—see Chapter 4 Part
5;
(4) Section 4(1)—after the definition of day therapy
centre insert:
designated authority—see section 123;
(5) Section 4(1)—after the definition of independent living
units insert:
integrity provision means—
(a) in relation to members of councils—a provision of Chapter 5
Part 4 Division 1; or
(b) in relation to employees of councils—a provision of
Chapter 7 Part 4 Division 1;
(6) Section 4(1), definition of public consultation
policies—delete the definition
(7) Section 4(1), definition of relative—delete the
definition and substitute:
relative of a person means—
(a) the spouse or domestic partner; or
(b) a parent, step parent or remoter lineal ancestor; or
(c) a child, step child or remoter descendant; or
(d) a sibling or step sibling; or
(e) any member of the person's family who resides in the person's
household;
(8) Section 4(1)—after the definition of relative
insert:
relevant audit and risk committee means—
(a) in relation to a council that has, with 1 or more other councils,
established a regional audit and risk committee—the regional audit and
risk committee; or
(b) in relation to any other council—the council audit and risk
committee;
(9) Section 4(1), definition of site value—delete the
definition
(10) Section 4—before subsection (1aa) insert:
(1aaa) For the purposes of this Act, public consultation is
undertaken if consultation is conducted in accordance with the relevant
provisions of the community engagement charter and community engagement policy
(if applicable).
(11) Section 4(1aa)(a)(ii)(B)—delete "; and" and
substitute:
; or
(12) Section 4(1aa)(b)—delete paragraph (b) and
substitute:
(b) if the community engagement charter provides for the giving of public
notice under this Act—notice is published in accordance with the community
engagement charter.
6—Amendment
of section 6—Principal role of council
Section 6(b)—delete paragraph (b) and substitute:
(b) to make decisions about the provision of various public services and
facilities that will benefit the community in the context of the capacity and
willingness of ratepayers to pay for those services and facilities;
and
7—Amendment
of section 7—Functions of council
(1) Section 7(b)—delete "(including general public services or
facilities (including electricity, gas and water services, and waste collection,
control or disposal services or facilities), health, welfare or community
services or facilities, and cultural or recreational services or
facilities)"
(2) Section 7—after paragraph (b) insert:
(ba) to determine the appropriate financial contribution to be made by
ratepayers to the resources of the council;
8—Amendment
of section 8—Principles to be observed by council
(1) Section 8(ea)—delete "and form partnerships" and
substitute:
, form partnerships and share resources
(2) Section 8(h)—after "efficiently" insert:
and council services, facilities and programs are provided effectively and
efficiently
(3) Section 8—after paragraph (i) insert:
(ia) seek to balance the provision of services, facilities and programs
with the financial impact of the provision of those services, facilities and
programs on ratepayers;
Before section 12 insert:
11A—Number of members
(1) Despite any
other provision of this Chapter, a council must not be comprised of more than
12 members.
(2)
Subsection (1)
applies to a council from—
(a) in the case of
a council that commences a representation review in accordance with
section 12 after the commencement of
subsection (1)
and completes the review before 1 January 2022—polling day
for the periodic election next due to be held after the commencement of
subsection (1)
; or
(b) in any other case—polling day for the second periodic election
due to be held after the commencement of
subsection (1)
.
(3) A reference to completing a review under
subsection (2)(a)
includes (if relevant) publishing any notice or notices in the Gazette
under section 12(15)(b) in relation to the review.
10—Amendment
of section 12—Composition and wards
(1) Section 12(5) to (10)—delete subsections (5) to (10) (inclusive)
and substitute:
(5) A council must, in order to commence a review, initiate the
preparation of a report (a representation report) by a person who,
in the opinion of the council, is qualified to address the representation and
governance issues that may arise with respect to the matters under
review.
(6) The representation report must—
(a) examine the advantages and disadvantages of various options that are
available to the council under subsection (1) (insofar as the various
features of the composition and structure of the council are under review) and,
in particular (to the extent that may be relevant)—
(i) examine the question of whether the number of members should be
reduced; and
(ii) if the area of the council is divided into wards, examine the
question of whether the division of the area into wards should be abolished;
and
(b) set out any proposal that the council considers should be carried into
effect under this section; and
(c) in respect of any such proposal—include an analysis of how the
proposal relates to the principles under section 26(1)(c) and the matters
referred to in section 33 (to the extent that may be relevant);
and
(d) examine such other relevant issues as the council or the person
preparing the report thinks fit.
(7) The council must undertake public consultation on the representation
report.
(2) Section 12(11a) to (11d)—delete subsections (11a) to (11d)
(inclusive)
(3) Section 12(12)—delete ", taking into account the operation of
the preceding subsection,"
(4) Section 12(12a)—delete subsection (12a) and
substitute:
(12a) The report must, if written submissions are received as part of
public consultation undertaken under subsection (7), include copies of any
written submissions that relate to the subject-matter of the proposal.
(5) Section 12(17)—delete "subsections (9) and (10)" and
substitute:
subsection (7)
(6) Section 12(18a)—delete subsection (18a)
11—Amendment
of section 13—Status of council or change of various
names
Section 13(2)(ba)—delete paragraph (ba)
12—Amendment
of section 26—Principles
Section 26(1)—before "Commission" insert:
South Australian Local Government Boundaries
13—Amendment
of section 44—Delegations
(1) Section 44(2)—after paragraph (b) insert:
(ba) to a joint planning board established under a planning agreement to
which the council is a party; or
(2) Section 44(7) and (8)—delete subsections (7) and (8)
14—Amendment
of section 45—Principal office
Section 45(3)—delete "consult with its local community in accordance
with its public consultation policy" and substitute:
undertake public consultation
15—Amendment
of section 48—Prudential requirements for certain
activities
(1) Section 48(5)—delete subsection (5)
(2) Section 48(6)—delete "However, a council may take steps to
prevent the disclosure of specific information" and substitute:
A council may take steps to prevent the disclosure of specific information
in a report under subsection (1)
16—Amendment
of section 49—Contracts and tenders policies
Section 49(4) and (5)—delete subsections (4) and (5)
17—Substitution
of Chapter 4 Part 5
Chapter 4 Part 5—delete the Part and substitute:
Part 5—Community engagement
50—Community engagement
charter
(1) The Minister
may, by notice published in the Gazette and on a website determined by the
Minister, establish a community engagement charter for the purposes of this
Act.
(2) The following principles must be taken into account in relation to the
charter:
(a) members of the community should have reasonable, timely, meaningful
and ongoing opportunities to gain access to information about proposed
decisions, activities and processes of councils and to participate in relevant
processes;
(b) information about issues should be in plain language, readily
accessible and in a form that facilitates community participation;
(c) participation methods should seek to foster and encourage constructive
dialogue, discussion and debate in relation to proposed decisions, activities
and processes of councils;
(d) participation methods should be appropriate having regard to the
significance and likely impact of proposed decisions, activities and
processes;
(e) insofar as is reasonable, communities should be provided with
information about how community views have been taken into account and reasons
for decisions or actions of councils.
(3) The charter—
(a) will relate to—
(i) community consultation and participation with respect to any decision,
activity or process where compliance with the charter is contemplated by this
Act; and
(ii) any other circumstance where compliance with the charter is
contemplated by this Act; and
(b) may relate to any other circumstances, or provide for any other
matter, determined by the Minister.
(4) The charter may—
(a) establish
categories of statutory processes to which various parts of the charter will
apply; and
(b) in relation to
each category established under
paragraph (a)
—
(i) specify mandatory requirements; and
(ii) set out
principles and performance outcomes that are to apply to the extent that
mandatory requirements are not imposed; and
(c) in relation to performance outcomes under
paragraph (b)(ii)
—
(i) provide guidance on specific measures or techniques by which the
outcomes may be achieved; and
(ii) set out measures to help evaluate whether, and to what degree, the
outcomes have been achieved.
(5) The charter may—
(a) be of general or limited application; and
(b) vary in operation according to factors stated in the charter;
and
(c) provide for, or for the granting by the Minister of, exemptions
(conditional or unconditional) from specified provisions of the
charter.
(6) The Minister
may, by further notice published in the Gazette and on the website referred to
in
subsection (1)
, vary or substitute the charter.
(7) The Minister must, before establishing, varying or substituting the
charter—
(a) consult with the LGA; and
(b) undertake such other consultation as the Minister thinks
fit,
on the charter, variation or substitute charter (as the case may
be).
(8) An entity to which the charter applies must—
(a) comply with any
mandatory requirement that applies in a relevant case; and
(b) to the extent that
paragraph (a)
does not apply, have regard to, and seek to achieve, any principles or
performance outcomes that apply in a relevant case.
(9) A notice published under
subsection (1)
or
(6)
may come into operation on the day on which it is published or on a later
day or days specified in the notice.
(10) Sections 10 (other than subsection (1)) and 10A of the
Subordinate
Legislation Act 1978
apply to a notice published under
subsection (1)
or
(6)
(and a reference in those provisions to a regulation will be taken to be a
reference to a notice published under
subsection (1)
or
(6)
(as the case requires)).
50A—Council community engagement
policy
(1) A council must
prepare and adopt a policy relating to community engagement for the purposes of
this Act (a community engagement policy).
(2) The policy may—
(a) in relation to any decision, activity or process in respect of which
the community engagement charter prescribes requirements, principles or
performance outcomes applying to community consultation and participation
(relating to the decision, activity or process), make additional provision (not
inconsistent with the charter) specifying how the council will—
(i) comply with the requirements in a relevant case; or
(ii) seek to achieve the principles or performance outcomes in a relevant
case; and
(b) in relation to any other decision, activity or process of the council,
provide for community consultation and participation in relation to the
decision, activity or process.
(3) The policy must be consistent with, and comply with any requirements
specified by, the community engagement charter.
(4) The policy may—
(a) be of general or limited application; and
(b) vary in operation according to factors stated in the policy;
and
(c) provide for, or for the granting by the council of, exemptions
(conditional or unconditional) from specified provisions of the
policy.
(5) A council may from time to time alter a community engagement policy,
or substitute a new policy.
(a) adopts a community engagement policy; or
(b) alters, or substitutes, a community engagement policy,
the council must undertake public consultation on the community engagement
policy, alteration or substituted policy (as the case may be).
18—Amendment
of section 51—Principal member of council
(1) Section 51(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) A council must be constituted on the basis that the principal member
is to be appointed¹ or elected as a representative of the area as a whole
(in which case the principal member is to be called a mayor).
(2) Section 51(3)—delete subsection (3) and substitute:
(3) If the council so resolves, there may also be a deputy
mayor.
(3) Section 51(4)—delete "or deputy chairperson"
(4) Section 51(5)—delete "chairperson, deputy mayor or deputy
chairperson" and substitute:
deputy mayor
(5) Section 51(6) and (7)—delete subsections (6) and (7) and
substitute:
(6) In the absence of the mayor, a deputy mayor may act in the office of
mayor.
(7) If the mayor is absent from official duties and there is no deputy
mayor, or the deputy mayor is not available to act in the office of mayor, a
member chosen by the council may act in the office of mayor during the relevant
period.
19—Amendment
of section 54—Casual vacancies
(1) Section 54(1)(g)—delete paragraph (g)
(2) Section 54(1)(k)—delete "a court order" and
substitute:
an order of a court or SACAT
(3) Section 54(2a)(b)(ii)—delete subparagraph (ii) and
substitute:
(ii) the conclusion of the election falls within 12 months before
polling day for—
(A) a periodic election; or
(B) a general election (other than a periodic election) if the date of
that polling day is known at the time of the occurrence of the
vacancy.
(4) Section 54(4)—delete "Division 2 of Part 4 of this Chapter
or"
20—Amendment
of section 55—Specific requirements if member
disqualified
(1) Section 55(a)—delete "62 or"
(2) Section 55(b)—delete "62" and substitute:
68, 80A, 80B
(3) Section 55, penalty provision—delete "$5 000" and
substitute:
$15 000
After section 55 insert:
55A—Leave of absence—council member
contesting election
(1) If a person
holding office as a member of a council stands as a candidate for election as a
member of the Parliament of the State, the member will be taken to have been
granted leave of absence from the office of member of the council from the date
on which nominations for the election close until the result of the election is
publicly declared.
(2) Leave of absence under
subsection (1)
extends to all other offices held in the person's capacity as a member of
the council or by virtue of being a member of the council.
(3)
Subsection (1)
does not apply if the nomination of a member of a council as a candidate
for election is revoked (as a result of the member's withdrawal of their consent
to stand as a candidate).
(4) Despite any other Act or law, or any determination of the Remuneration
Tribunal, a member of a council who is taken to have been granted leave of
absence in accordance with this section is not entitled to receive any allowance
in respect of the member's office for the period of leave.
(5) A person who is taken to have been granted leave of absence from the
office of member of a council under this section must not, during the period of
leave—
(a) use a facility or service provided by the council (not being a
facility or service generally provided to members of the public by the council)
for any purpose related to the election or to the member's functions or duties
as a member of the council; or
(b) carry out any function or duty of the office of member of the
council.
Maximum penalty: $15 000.
(6) The following provisions apply during the period of the leave of
absence of a member of a council to whom this clause applies:
(a) the member is
not required—
(i) to submit a return for the purposes of the Register of Interests in
accordance with Chapter 5 Part 4 Division 1 Subdivision 2;
or
(ii) if relevant, to notify the chief executive officer of a change or
variation of a kind referred to in section 67(1),
provided that, on the cessation of the suspension, the
member—
(iii) submits any return for the purposes of the Register of Interests
that the member would, but for the suspension, have been required to submit in
accordance with Chapter 5 Part 4 Division 1 Subdivision 2
during the period of suspension; and
(iv) notifies the chief executive officer of a change or variation of a
kind referred to in section 67(1) of which the member would, but for the
suspension, have been required to notify the chief executive officer under
section 67(1) during the period of suspension;
(b) to avoid doubt, section 54(1)(d) does not apply to the
member.
22—Amendment
of section 58—Specific roles of principal member
(1) Section 58(1)—delete subsection (1) and substitute:
(1) The role of the
principal member of a council as leader of the council is—
(a) to provide leadership and guidance to the council; and
(b) to lead the promotion of positive and constructive working
relationships among members of the council; and
(c) to provide guidance to council members on the performance of their
role, including on the exercise and performance of their official functions and
duties; and
(d) to support council members' understanding of the separation of
responsibilities between elected representatives and employees of the council;
and
(e) to preside at meetings of the council; and
(f) if requested, to provide advice to the chief executive officer between
council meetings on the implementation of a decision of the council;
and
(g) to act as the
principal spokesperson of the council; and
(h) to exercise other functions of the council as the council determines;
and
(i) to carry out the civic and ceremonial duties of the office of
principal member.
(2) Section 58(2)—delete "Subsection (1)(c)" and
substitute:
Subsection (1)(g)
23—Amendment
of section 59—Roles of members of councils
(1) Section 59(1)(a)—delete paragraph (a) and substitute:
(a) as a member of the governing body of the council—
(i) to act with integrity; and
(ii) to ensure positive and constructive working relationships within the
council; and
(iii) to recognise and support the role of the principal member under the
Act; and
(iv) to develop skills relevant to the role of a member of the council and
the functions of the council as a body; and
(v) to participate in the deliberations and activities of the council;
and
(vi) to keep the council's objectives and policies under review to ensure
that they are appropriate and effective; and
(vii) to keep the council's resource allocation, expenditure and
activities, and the efficiency and effectiveness of its service delivery, under
review; and
(viii) to ensure, as far as is practicable, that the principles set out in
section 8 are observed; and
(ix) to participate in setting and assessing performance standards to be
met under the council's contract with the chief executive officer; and
(x) to serve the overall public interest of the council; and
(2) Section 59(1)(b)—after "ratepayers" insert:
of the council
24—Substitution
of heading to Chapter 5 Part 4
Heading to Chapter 5 Part 4—delete the heading and
substitute:
Part 4—Member integrity and
behaviour
25—Substitution
of heading to Chapter 5 Part 4 Division 1
Heading to Chapter 5 Part 4 Division 1—delete the heading and
substitute:
Division 1—Member integrity
26—Insertion
of Subdivision heading
Before section 62 insert:
Subdivision 1—General
27—Amendment
of section 62—General duties
(1) Section 62(3), penalty provision—delete the penalty
provision
(2) Section 62(4), penalty provision—delete the penalty
provision
(3) Section 62(4a)—delete subsection (4a) and substitute:
(4a) A member or former member of a council must not disclose information
or a document—
(a) in relation to which there is an order of a council or council
committee in effect under section 90 requiring the information or document
to be treated confidentially; or
(b) that the member or former member knows, or ought reasonably to know,
is information or a document that is otherwise required to be treated
confidentially.
(4) Section 62—after subsection (4b) insert:
(4c) A member of a
council must not direct or seek to influence an employee of the council in the
exercise or performance of a power or function delegated to the
employee.
(4d) Without limiting
subsection (4c)
, a member of a council must not request an employee of a
council—
(a) to provide information or a document; or
(b) to take action or perform work,
except in accordance with the requirements of the chief executive officer
of the council.
(4e) A member of a council must comply with any requirements prescribed by
the regulations relating to the conduct of members that are expressed to be
integrity provisions.
(5) Section 62(5) and (6)—delete subsections (5) and (6)
(6) Section 62(7)—delete "The" and substitute:
Subject to the regulations, the
Section 63—delete the section
29—Substitution
of heading to Chapter 5 Part 4 Division 2
Heading to Chapter 5 Part 4 Division 2—delete the heading and
substitute:
Subdivision 2—Register of
Interests
30—Amendment
of Chapter 5 Part 4 Division 2
Chapter 5 Part 4 Division 2—delete "this Division" wherever occurring
and substitute in each case:
this Subdivision
31—Amendment
of section 64—Interpretation
Section 64, definition of return period—delete the
definition
32—Amendment
of section 67—Form and content of returns
(1) Section 67(1)—delete "person related to the member" and
substitute:
designated person or entity in relation to the member
(2) Section 67(1), penalty provision—delete the penalty
provision
(3) Section 67(2)—delete "a defence to a prosecution for an offence
against subsection (1) to prove" and substitute:
not a breach of subsection (1) if a member proves
33—Amendment
of section 68—Register of Interests
(1) Section 68—after subsection (1) insert:
(1a) If a member of a
council fails to submit a return to the chief executive officer before the
expiration of 1 month from the end of the period allowed under this
Subdivision for the submission of the return, the member is suspended from the
office of member of the council.
(1b) Despite any other Act or law, or any determination of the
Remuneration Tribunal, a member of a council suspended under
subsection (1a)
is not entitled to an allowance under section 76 during the period of
suspension.
(2) Section 68(2)—delete "Division 1 of Part 2 of this Chapter" and
substitute:
subsection (1a)
(3) Section 68—after subsection (3) insert:
(3a) If a member of a council suspended under subsection (1a) for a
failure to submit a return submits (after the commencement of the suspension) to
the chief executive officer of the council the return that was required to be
submitted and the chief executive officer is satisfied that the return complies
with the requirements of this Subdivision (other than the requirement as to the
period allowed for the submission of the return)—
(a) the chief executive officer must immediately publish a notice on a
website determined by the chief executive officer specifying the date on which
the member submitted the return; and
(b) the suspension is taken to be revoked on the date of publication of
the notice.
(3b) If a member of
a council is suspended under subsection (1a) for a continuous period of
more than the prescribed period, the chief executive officer may apply to SACAT
for an order disqualifying the member of the council from the office of member
under this Act.
(3c) If a member is disqualified under
subsection (3b)
, the disqualification extends to all other offices held in the member's
capacity as a member of the council or by virtue of being a member of the
council.
34—Amendment
of section 69—Provision of false information
Section 69, penalty provision—delete the penalty provision
35—Amendment
of section 70—Publication of Register
(1) Section 70(a1)—delete subsection (a1) and substitute:
(a1) The chief
executive officer must publish the Register on a website determined by the chief
executive officer.
(a2) However, the chief executive officer must ensure that the following
details are not published under
subsection (a1)
:
(a) a person's residential address;
(b) any other address suppressed from the Register under
section 68(4)(a).
(2) Section 70(1) and (2)—delete subsections (1) and (2)
36—Amendment
of section 71—Restrictions on publication
Section 71(2), penalty provision—delete "$10 000" and
substitute:
$15 000
37—Insertion
of Chapter 5 Part 4 Division 1 Subdivision 3
Chapter 5 Part 4—after section 72 insert:
Subdivision 3—Gifts and
benefits
72A—Register of gifts and
benefits
(1) A member of a
council must not seek out or receive a gift or benefit that is, or could
reasonably be taken to be, intended or likely to create a sense of obligation to
a person on the part of the member or influence the member in the performance or
discharge of their functions or duties.
(2) If a member of a
council receives a gift or benefit of an amount greater than the amount
determined by the Minister (from time to time), by notice in the Gazette, the
member must provide details of the gift or benefit to the chief executive
officer of the council in accordance with any requirements of the chief
executive officer.
(3) The Minister must consult with the LGA before publishing a notice
under
subsection (2)
.
(4) The chief executive officer of a council must maintain a register of
gifts and benefits received by members of the council and must ensure that the
details of each gift and benefit provided under this section are included in the
register.
(5) For the purposes of this section, a gift or benefit received by a
designated person or entity in relation to a member of a council will be treated
as a gift or benefit (as the case requires) received by the member.
(6) For the purposes of this section—
(a) 2 or more separate gifts or benefits received by a member or a
designated person or entity in relation to the member from the same person
during a financial year are to be treated as 1 gift or benefit (as the case
requires) received by the member; and
(b) 2 or more separate transactions to which a member or a designated
person or entity in relation to the member is a party with the same person
during a financial year under which the member or the designated person has had
the use of property of the other person (whether or not being the same property)
during a financial year are to be treated as 1 transaction under which the
member has had the use of property of the other person during the financial
year.
(7) Unless the contrary intention appears, terms and expressions used in
this section and in Schedule 3 have the same respective meanings in this
section as they have in that Schedule.
38—Substitution
of Chapter 5 Part 4 Division 3
Chapter 5 Part 4 Division 3—delete Division 3 and
substitute:
Subdivision 4—Conflicts of
interest
73—Preliminary
In this Subdivision—
agency or instrumentality of the Crown
includes—
(a) an administrative unit of the Public Service; and
(b) a body corporate comprised of or including, or having a governing body
comprised of or including, a Minister or Ministers of the Crown or a person or
persons appointed by the Governor or a Minister or other agency or
instrumentality of the Crown;
conflict of interest means—
(a) a general conflict of interest; or
(b) a material conflict of interest;
general conflict of interest—see
section 74
;
material conflict of interest—see
section 75
.
74—General conflicts of
interest
(1) Subject to
section 75A
, for the purposes of this Subdivision, a member of a council has a
general conflict of interest in a matter to be discussed at a
meeting of the council if an impartial, fair-minded person would consider that
the member's private interests could result in the member acting in a manner
that is contrary to their public duty.
(2) For the purposes of
subsection (1)
—
private interests means any direct or indirect interest of a
member that does not derive from their public duty and does not include an
interest that is only a matter of personal opinion or belief;
public duty means the responsibilities and obligations that a
member has to members of the public in their role as a member.
75—Material conflicts of
interest
Subject to
section 75A
, for the purposes of this Subdivision, a member of a council has a
material conflict of interest in a matter to be discussed at a
meeting of the council if any of the following persons would gain a benefit, or
suffer a loss, (whether directly or indirectly and whether of a personal or
pecuniary nature) depending on the outcome of the consideration of the matter at
the meeting:
(a) the member;
(c) a body corporate of which the member is a director or a member of the
governing body;
(d) a proprietary company in which the member is a shareholder;
(e) a family company of the member (within the meaning of
Schedule 3);
(f) a family trust of
the member (within the meaning of Schedule 3);
(g) a beneficiary under a trust or an object of a discretionary trust of
which the member is a trustee;
(h) a partner of the member;
(i) the employer or an employee of the member;
(j) a person with whom the member has entered into, is seeking to enter
into, or is otherwise involved in a negotiation or tendering process in
connection with entering into, an agreement for the provision of professional or
other services for which the member would be entitled to receive a fee,
commission or other reward;
(k) a person or body from whom the member has received a gift of a kind
required to be disclosed in a return under Part 14 of the
Local
Government (Elections) Act 1999
relating to the last election at which the member was elected;
(l) a person of a prescribed class.
75A—Exemptions and other
matters
(1) A member of a
council will not be regarded as having a conflict of interest in a matter to be
discussed at a meeting of the council—
(a) if the interest is held in common with a substantial proportion of the
ratepayers, electors or residents of the council area and does not exceed the
interest held by the other ratepayers, electors or residents; or
(b) if the interest in the matter is that of an employer or employee of
the member, and the member does not know, and could not reasonably be expected
to know, of that interest; or
(c) if the interest in the matter is that of a relative of the member,
other than the member's spouse or domestic partner, and the member does not
know, and could not reasonably be expected to know, of that interest;
or
(i) the interest arises in relation to a prescribed matter or in
prescribed circumstances; and
(ii) the member complies with the requirements of the regulations (if any)
relating to dealing with the matter.
(2) Without
limiting
subsection (1)
, a member of a council will not be regarded as having a general conflict
of interest in a matter to be discussed at a meeting of the council by reason
only of—
(a) an engagement with a community group, sporting club or similar
organisation undertaken by the member in their capacity as a member;
or
(b) membership of a political party; or
(c) membership of a community group, sporting club or similar organisation
(if the member is not an office holder for the group, club or organisation);
or
(d) the member having been a student of a particular school or their
involvement with a school as parent of a student at the school; or
(e) a nomination or appointment as a member of a board of a corporation or
other association, if the member was nominated for appointment by a
council.
(3) A member of a council who is a member, officer or employee of an
agency or instrumentality of the Crown, will be regarded as having a conflict of
interest in a matter before the council if the matter directly concerns that
agency or instrumentality but otherwise will not be regarded as having an
interest in a matter by virtue of being a member, officer or employee of the
agency or instrumentality.
(4) Regulations under
subsection (1)(d)
—
(a) may be limited to material conflicts of interest or general conflicts
of interest, or may relate to conflicts of interest generally; and
(b) may make different provision according to the matter or circumstances
to which they are expressed to apply.
75B—Dealing with general conflicts of
interest
(1) If a member of
a council has a general conflict of interest in relation to a matter to be
discussed at a meeting of the council, the member must deal with the interest in
a transparent and accountable way and, in particular, must inform the meeting
of—
(a) the member's
interest in the matter; and
(b) whether or not the member proposes to participate in the meeting in
relation to the matter; and
(c) if the member proposes to participate in the meeting in relation to
the matter—
(i) how the member intends to deal with the general conflict of interest,
including whether the member intends to abstain from voting on the matter;
and
(ii) the member's reasons for participating (and, if relevant, voting) in
relation to the matter.
(2) If a quorum at a meeting cannot be formed because a member of a
council proposes to exclude themself from the meeting in order to comply with
subsection (1)
, the member will not be taken to have contravened
subsection (1)
by participating (including by voting, for example) in the meeting in
relation to the matter if the attendance of the member, together with any other
required number of members, forms a quorum for the meeting.
(3) If a member of a council discloses a general conflict of interest in a
matter to be discussed at a meeting of the council, the following details must
be recorded in the minutes of the meeting:
(a) the member's name;
(b) the nature of the interest, as described by the member;
(c) the manner in which the member dealt with the general conflict of
interest;
(d) if the member voted on the matter, the manner in which the member
voted;
(e) the manner in which the majority of persons who were entitled to vote
at the meeting voted on the matter.
(4) To avoid doubt, it is declared that non-participation in a meeting of
a council is not the only way in which a member of the council may appropriately
deal in a transparent and accountable way with a general conflict of interest of
the member in a matter to be discussed at the meeting.
75C—Dealing with material conflicts of
interest
(1) If a member of
a council has a material conflict of interest in a matter to be discussed at a
meeting of the council, the member must—
(a) inform the meeting of the member's material conflict of interest in
the matter; and
(b) leave the meeting room (including any area set aside for the public)
such that the member cannot view or hear any discussion or voting at the
meeting, and stay out of the meeting room while the matter is being discussed
and voted on.
(2) However, a member of the council does not contravene
subsection (1)
by taking part in the meeting if the member—
(a) has been granted an approval under
subsection (3)
; and
(b) complies with the conditions of the approval.
(3) The Minister
may grant an approval in writing to a member of the council to take part in the
meeting if—
(a) because of the number of members subject to the obligation under this
section, conduct of the meeting would be obstructed if the approval were not
given; and
(b) it appears to the Minister to be in the interests of the council's
community and area.
(4) The Minister may grant an approval under
subsection (3)
subject to any conditions determined by the Minister.
(5) If a member of a council discloses a material conflict of interest in
a matter to be discussed at a meeting of the council, the following details must
be recorded in the minutes of the meeting:
(a) the member's name;
(b) the nature of the interest, as described by the member;
(c) if the member took part in the meeting under an approval under
subsection (3)
, the fact that the member took part in the meeting.
75D—Application of Subdivision to members and
meetings of committees and subsidiaries
(1) The provisions of this Subdivision extend to committees and to members
of committees established by councils as if—
(a) a committee were a council; and
(b) a member of a committee were a member of a council.
(2) The provisions of this Subdivision extend to subsidiaries and to board
members of subsidiaries as if—
(a) a subsidiary were a council; and
(b) a board member of a subsidiary were a member of a council.
(3) However—
(a) a member of a council committee, or a board member of a council
subsidiary, who is also a member or employee of the council will not be regarded
as having a conflict of interest in a matter to be discussed at a meeting of the
committee or subsidiary (as the case requires) by reason only of the fact that
the member is a member or employee of the council or constituent council;
or
(b) a board member of a regional subsidiary who is also a member or
employee of a constituent council will not be regarded as having a conflict of
interest in a matter to be discussed at a meeting of the regional subsidiary if
the relevant benefit or loss would be enjoyed or suffered in common with all or
a substantial proportion of the constituent councils.
39—Insertion
of Chapter 5 Part 4 Division 2
Chapter 5—before Part 5 insert:
Division 2—Member behaviour
75E—Behavioural standards
(1) The Minister
may, by notice published in the Gazette and on a website determined by the
Minister, establish standards (the behavioural standards)
that—
(a) specify standards of behaviour to be observed by members of councils;
and
(b) provide for any other matter relating to behaviour of members of
councils.
(2) The behavioural standards may also specify requirements applying to
behavioural support policies and behavioural management policies of
councils.
(3) A member of a council must comply with the behavioural
standards.
(4) The Minister
may, by further notice published in the Gazette and on the website referred to
in
subsection (1)
, vary or substitute the behavioural standards.
(5) The Minister must, before establishing, varying or substituting the
behavioural standards—
(a) consult with the LGA; and
(b) undertake such other consultation as the Minister thinks
fit,
on the behavioural standards, variation or substitute behavioural standards
(as the case may be).
(6) A notice published under
subsection (1)
or
(4)
may come into operation on the day on which it is published in the Gazette
or on a later day or days specified in the notice.
(7) Sections 10 (other than subsection (1)) and 10A of the
Subordinate
Legislation Act 1978
apply to a notice published under
subsection (1)
or
(4)
(and a reference in those provisions to a regulation will be taken to be a
reference to a notice published under
subsection (1)
or
(4)
(as the case requires)).
75F—Council behavioural support
policies
(1) A council may
prepare and adopt policies designed to support appropriate behaviour by members
of the council (behavioural support policies).
(2) A behavioural support policy may—
(a) specify
directions relating to behaviour that must be observed by members of the
council; and
(b) set out guidelines relating to compliance by members with the
behavioural standards and directions under
paragraph (a)
; and
(c) include any other matter relating to behaviour of members considered
appropriate by the council.
(3) A behavioural support policy—
(a) must not be inconsistent with the behavioural standards; and
(b) must comply with any requirement specified by the behavioural
standards.
(4) A member of a council must comply with the council's behavioural
support policies.
(5) A council may from time to time alter a behavioural support policy, or
substitute a new policy.
(a) adopts a behavioural support policy; or
(b) alters, or substitutes, a behavioural support policy,
the council must undertake public consultation on the behavioural support
policy, alteration or substituted policy (as the case may be).
(7) A council must, within 6 months after the conclusion of each periodic
election—
(a) in the case of a council that has 1 or more behavioural support
policies in effect under this section—review the operation of the
behavioural support policies and consider whether it should adopt additional
behavioural support policies; or
(b) in any other case—consider whether it should adopt behavioural
support policies.
Division 3—Health and safety
duties
75G—Health and safety duties
(1) A member of a
council must—
(a) take reasonable care that the member's acts or omissions do not
adversely affect the health and safety of other members of council or employees
of the council; and
(b) comply, so far as
the member is reasonably able, with any reasonable direction that is given by a
responsible person for the purposes of ensuring that the member's acts or
omissions do not adversely affect the health and safety of other members of the
council or employees of the council.
(2) For the purposes of
subsection (1)(b)
, the responsible person is—
(a) if the person whose
health and safety may be adversely affected is an employee of the
council—the chief executive officer of the council; or
(b) if the person whose health and safety may be adversely affected is the
principal member of the council—the deputy or another member chosen by the
council; or
(c) if the person whose health and safety may be adversely affected is
another member or the chief executive officer of the council—
(i) unless
subparagraph (ii)
applies, the principal member of the council; or
(ii) if the relevant
acts or omissions are those of the principal member of the council—the
deputy or another member chosen by the council.
(3) Without limiting
subsection (1)(b)
, a reasonable direction may include a direction that a member of a council
not attend a meeting of the council or a council committee (and a member the
subject of such a direction will be taken to have been granted leave of absence
from attending council meetings for the duration of the direction).
(4) This section is in addition to and does not limit the operation of the
Work
Health and Safety Act 2012
.
(5) In this section—
health has the same meaning as in the
Work
Health and Safety Act 2012
.
40—Amendment
of section 76—Allowances
(1) Section 76(1)—delete "section" first occurring and
substitute:
Act
(2) Section 76(9)—delete "under a scheme prescribed by the
regulations"
(3) Section 76(13)—delete "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"
41—Amendment
of section 77—Reimbursement of expenses
Section 77(3) and (4)—delete subsections (3) and (4)
42—Amendment
of section 79—Register of allowances and benefits
Section 79(3) and (4)—delete subsections (3) and (4)
43—Amendment
of section 80A—Training and development
(1) Section 80A—delete subsection (2) and substitute:
(2) The policy—
(a) must be aimed at assisting members in the performance and discharge of
their functions and duties; and
(b) must incorporate the prescribed mandatory requirements and comply with
any other requirements prescribed by the regulations; and
(c) may specify other requirements relating to the conduct and completion
of training and development by members.
(2a) A training and development policy of a council may make different
provision according to different members of the council.
(2b) If a member of a
council fails to comply with the prescribed mandatory requirements, the chief
executive officer of the council must suspend the member from the office of
member of the council, unless the member satisfies the chief executive officer
that there were good reasons for the failure to comply.
(2c) If a chief executive officer of a council suspends a member of the
council under
subsection (2b)
, the chief executive officer must give public notice of the suspension as
soon as practicable after determining to suspend the member.
(2d) Despite any other Act or law, or any determination of the
Remuneration Tribunal, a member of a council suspended under
subsection (2b)
is not entitled to an allowance under section 76 during the period of
suspension.
(2e) If a member of a council who is suspended under
subsection (2b)
as a result of failing to comply with the prescribed mandatory
requirements satisfies the chief executive officer that the member has complied
with the prescribed mandatory requirements, the chief executive officer must
revoke the suspension and give public notice of the revocation.
(2f) If a member of a
council is suspended under
subsection (2b)
for a continuous period of more than the prescribed period, the chief
executive officer of the council may apply to SACAT for an order disqualifying
the member from the office of member of the council under this Act.
(2g) If a member is disqualified under
subsection (2f)
, the disqualification extends to all other offices held in the member's
capacity as a member of the council or by virtue of being a member of the
council.
(2h) The chief executive officer must maintain a register relating to
training and development in accordance with the regulations.
(2i) A member of a
council must, at the request of the chief executive officer, provide to the
chief executive officer, within a period specified in the request, specified
information, or information of a specified kind, relating to training and
development by the member.
(2j) A member of a council must not contravene, or fail to comply with, a
request under
subsection (2i)
.
(2k) In this section—
prescribed mandatory requirements means the requirements
prescribed by the regulations relating to training and development that must be
completed by members of councils, which may include timeframes for the
completion of such training and development.
(2) Section 80A(4) and (5)—delete subsections (4) and (5)
44—Insertion
of Chapter 5 Part 7
After Chapter 5 Part 6 insert:
Part 7—Other matters
80B—Suspension—member of council subject to
intervention order
(1) If a member of a
council is subject to a relevant interim intervention order, the chief executive
officer of the council may, if the chief executive officer considers it
appropriate to do so, suspend the member from the office of member of the
council.
(2) A member of a council suspended under
subsection (1)
is entitled to an allowance under section 76 during the period of
suspension.
(3) The chief executive officer of a council—
(a) must revoke a suspension under
subsection (1)
if the relevant interim intervention order is revoked; and
(b) may revoke a suspension under
subsection (1)
if the chief executive officer considers it appropriate to do
so.
(4) If a member of a
council is subject to a relevant final intervention order, the member is
suspended from the office of member of the council.
(5) Despite any other Act or law, or any determination of the Remuneration
Tribunal, a member of a council suspended under
subsection (4)
is not entitled to an allowance under section 76 during the period of
suspension.
(6) The chief executive officer of a council must, as soon as is
reasonably practicable after becoming aware that a member of the council is
subject to a relevant final intervention order, notify the member of the
suspension under
subsection (4)
.
(7) If a relevant final intervention order is revoked, the suspension
under
subsection (4)
relating to the relevant final intervention order is revoked.
(8) If a member of a
council is suspended under
subsection (4)
for a continuous period of more than the prescribed period, the chief
executive officer of the council may apply to SACAT for an order disqualifying
the member from the office of member of the council under this Act.
(9) If a member is disqualified under
subsection (8)
, the disqualification extends to all other offices held in the member's
capacity as a member of the council or by virtue of being a member of the
council.
(10) In this section—
final intervention order means a final intervention order
(within the meaning of section 3(1) of the
Intervention
Orders (Prevention of Abuse) Act 2009
) or a domestic violence order (other than an interim DVO) that is a
recognised DVO under Part 3A of that Act;
interim intervention order means an interim intervention
order (within the meaning of section 3(1) of the
Intervention
Orders (Prevention of Abuse) Act 2009
) or an interim DVO that is a recognised DVO under Part 3A of that
Act;
relevant final intervention order—a final intervention
order to which a member of a council is subject is a relevant final
intervention order if a person protected by the order is another member,
or an employee, of the council;
relevant interim intervention order—an interim
intervention order to which a member of a council is subject is a relevant
interim intervention order if a person protected by the order is another
member, or an employee, of the council.
45—Amendment
of section 83—Notice of ordinary or special meetings
(1) Section 83(6)(d)—delete "(eg facsimile transmission)"
(2) Section 83(8)—delete subsection (8)
46—Amendment
of section 84—Public notice of council meetings
(1) Section 84(1a)—delete subsection (1a) and substitute:
(1a) The chief executive officer must publicly display the notice required
under subsection (1) at the principal office of the council and publish the
notice and agenda for the meeting in accordance with
section 132(1)(a).
(2) Section 84(3) and (4)—delete subsections (3) and (4) and
substitute:
(3) The notice required under subsection (1) must be kept on public
display and continue to be published in accordance with section 132(1)(a)
until the completion of the relevant meeting.
(3) Section 84(5)(a)—delete "at the principal office of the council"
and substitute:
on a website determined by the chief executive officer
47—Amendment
of section 85—Quorum
Section 85—after subsection (1) insert:
(2) For the purposes of the definition of prescribed
number—
(a) a member of a council who is suspended from the office of member of
the council; and
(b) a member of a council who is taken to have been granted leave of
absence from the office of member of the council under section 55A,
is not to be counted in the total number of members of the
council.
48—Amendment
of section 86—Procedure at meetings
(1) Section 86—after subsection (6) insert:
(6a) A member of a
council must not, while at a meeting—
(a) behave in an improper or disorderly manner; or
(b) cause an
interruption or interrupt another member who is speaking.
(6b) If a member
contravenes or fails to comply with
subsection (6a)
, the presiding member may, in accordance with the regulations, direct that
the member be excluded from the meeting room (including any area set aside for
the public) such that the member cannot view or hear any discussion at the
meeting, and remain out of the meeting room for a period (not exceeding
15 minutes) determined by the presiding member.
(6c) A member excluded from a meeting under
subsection (6b)
must comply with the direction and any requirements of the regulations in
relation to the exclusion.
(6d) A matter must not
be put to a vote at a meeting of a council while a member is excluded under
subsection (6b)
.
(6e) Nothing in
subsections (6a)
to
(6d)
prevents the regulations from prescribing procedures authorising a council
to resolve to censure a member of the council or exclude or suspend a member
from a meeting in accordance with the regulations.
(2) Section 86(7)—delete subsection (7)
49—Amendment
of section 87—Calling and timing of committee
meetings
Section 87(11)(d)—delete "(eg facsimile transmission)"
50—Amendment
of section 88—Public notice of committee meetings
(1) Section 88(1a)—delete subsection (1a) and substitute:
(1a) The chief executive officer must publicly display the notice required
under subsection (1) at the principal office of the council and publish the
notice and agenda for the meeting in accordance with
section 132(1)(a).
(2) Section 88(3) and (4)—delete subsections (3) and (4) and
substitute:
(3) The notice required under subsection (1) must be kept on public
display and continue to be published in accordance with section 132(1)(a)
until the completion of the relevant meeting.
(3) Section 88(5)—delete "at the principal office of the council"
and substitute:
on a website determined by the chief executive officer
51—Amendment
of section 90—Meetings to be held in public except in special
circumstances
(1) Section 90(1)—after "section" insert:
and section 90A
(2) Section 90(3)—after paragraph (n) insert:
(o) information relating to a proposed award recipient before the
presentation of the award.
(3) Section 90(8) to (8e)—delete subsections (8) to (8e)
(inclusive)
52—Insertion
of section 90A—Information or briefing sessions
After section 90 insert:
90A—Information or briefing
sessions
(1) A council, or the chief executive officer of a council, may hold or
arrange for the holding of a session (not being a formal meeting of a council or
council committee required to be held under this Chapter) to which 1 or more
members of the council or a council committee are invited to attend or be
involved in for the purposes of providing information or a briefing to attendees
(an information or briefing session).
(2) A matter must not
be dealt with at a council information or briefing session in such a way as to
obtain, or effectively obtain, a decision on the matter outside a formal meeting
of the council or a council committee.
(3) A council
information or briefing session must be conducted in a place open to the public
during any period in which a matter that is, or is intended to be, on the agenda
for a formal meeting of the council or a council committee is discussed at the
session.
(4) However, the
council or chief executive officer may order that an information or briefing
session be closed to the public to the extent (and only to the extent) that the
council or chief executive officer (as the case requires) considers it to be
necessary and appropriate for a matter of a kind referred to in
subsection (3)
to be discussed in a session closed to the public in order to receive,
discuss or consider in confidence any information or matter listed in
section 90(3) (after taking into account any relevant consideration under
that subsection).
(5) If an order is made under
subsection (4)
, the council or chief executive officer (as the case requires) must, as
soon as reasonably practicable after the making of the order, make a record
of—
(a) the grounds on which the order was made; and
(b) the basis on which the information or matter to which the order
relates falls within the ambit of each ground on which the order was made;
and
(c) if relevant, the reasons that receipt, consideration or discussion of
the information or matter publicly at the information or briefing session would
be contrary to the public interest.
(6) If an information or briefing session is organised or held by a
council or chief executive officer of a council, the following provisions
apply:
(a) sections 90(5), (6) and (7a) apply to the information or briefing
session as if it were a meeting of the council or council committee;
(b) a prescribed
matter cannot be dealt with at an information or briefing session;
(c) a reference to a meeting or meetings in sections 94 and 95
includes a reference to an information or briefing session or
sessions.
(7) A council or the chief executive officer of a council must comply with
any requirements of the regulations relating to the following:
(a) the publication of prescribed information as soon as practicable after
resolving or determining to hold an information or briefing session;
(b) the publication of prescribed information as soon as practicable after
the holding of an information or briefing session.
53—Amendment
of section 91—Minutes and release of documents
(1) Section 91(4) to (6)—delete subsections (4) to (6)
(inclusive)
(2) Section 91(7)—delete "However, subsections (4), (5) and (6) do"
and substitute:
Section 132(1) does
54—Amendment
of section 92—Access to meetings and documents—code of
practice
Section 92(5) to (7)—delete subsections (5) to (7) (inclusive) and
substitute:
(5) Before a council adopts, alters or substitutes a code of practice
under this section it must undertake public consultation on the proposed code,
alterations or substitute code (as the case may be).
55—Amendment
of section 93—Meetings of electors
(1) Section 93(2)—delete ", by advertisement in a newspaper
circulating in the area, give notice" and substitute:
give public notice
(2) Section 93(6)(a)—delete "or deputy chairperson"
Section 94A—delete the section
57—Amendment
of section 97—Vacancy in office
(1) Section 97—after subsection (3) insert:
(3a) Before terminating the appointment of a chief executive officer on a
ground referred to in subsection (1)(a)(iv) or (v) or (1)(b), a
council must have regard to advice from a qualified independent
person.
(2) Section 97—after subsection (5) insert:
(6) In this section—
qualified independent person means a person—
(a) who is not a member or employee of the council; and
(b) who is—
(i) a legal practitioner; or
(ii) determined by the council to have appropriate qualifications or
experience in human resource management.
58—Amendment
of section 98—Appointment procedures
(1) Section 98(3)—delete "in a newspaper circulating throughout the
State" and substitute:
on a website determined by the council
(2) Section 98—after subsection (4) insert:
(4a) The council must ensure that either or both of the following applies
to the process for appointing a chief executive officer under this
section:
(a) the council appoints at least 1 person who is not a member or
employee of the council to the selection panel;
(b) before making the appointment to the office of chief executive
officer, the council obtains and considers independent advice on the assessment
of applications and recommendations on the appointment under subsection (4)
(and that advice may include recommendations to the council on the
appointment).
59—Amendment
of section 99—Role of chief executive officer
Section 99(1)—after paragraph (i) insert:
(ia) to ensure that effective policies, systems and procedures are
established and maintained for the identification, assessment, monitoring,
management and annual review of strategic, financial and operational
risks;
(ib) to report annually to the relevant audit and risk committee on the
council's internal audit processes;
After section 99 insert:
99A—Remuneration of chief executive
officer
(1) Subject to this section, the remuneration of the chief executive
officer of a council will be determined by the council.
(2) The
Remuneration Tribunal will determine (from time to time) the minimum and maximum
remuneration that may be paid or provided to chief executive officers of
councils.
(3) In making a determination under
subsection (2)
, the Remuneration Tribunal must have regard to any matter prescribed by
the regulations.
(4) A determination under
subsection (2)
—
(a) may differ based on any factor including, for example, the
geographical location of a council or group of councils (such that different
minimum and maximum remuneration may be paid or provided to chief executive
officers from different councils); and
(b) may provide for minimum and maximum remuneration that may be paid or
provided to chief executive officers to be indexed in accordance with the
determination.
(5) The regulations—
(a) may make further provision in relation to a determination of the
Remuneration Tribunal for the purposes of this section; and
(b) may modify the application of section 10 of the
Remuneration
Act 1990
in relation to a determination under this section.
(6) Sections 17 and 19 of the
Remuneration
Act 1990
do not apply in relation to a determination under this section.
(7) A reference in the
Remuneration
Act 1990
to determining remuneration payable in respect of an office will, for the
purposes of this section, be taken to include a reference to determining the
minimum and maximum remuneration payable in respect of the office.
(8) 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 determined by the Minister from time to time after
consultation with the President of the LGA and the President of the
Tribunal.
(9) A council must ensure that the remuneration of its chief executive
officer is within the relevant minimum and maximum remuneration determined by
the Remuneration Tribunal for the purposes of this section.
After section 102 insert:
102A—Chief executive officer—performance
review
(1) A council must
review the performance of its chief executive officer—
(a) at least once in each year that the chief executive officer holds
office as chief executive officer; and
(b) if relevant, before reappointment of the chief executive
officer.
(2) The council must obtain and consider the advice of a qualified
independent person on a review under
subsection (1)
.
(3) In this section—
qualified independent person means a person who
is—
(a) not a member or employee of the council; and
(b) determined by the council to have appropriate qualifications or
experience in human resource management.
62—Amendment
of section 105—Register of remuneration, salaries and
benefits
Section 105(3) and (4)—delete subsections (3) and (4)
63—Substitution
of heading to Chapter 7 Part 4
Heading to Chapter 7 Part 4—delete the heading and
substitute:
Part 4—Employee integrity and
behaviour
64—Substitution
of heading to Chapter 7 Part 4 Division 1
Heading to Chapter 7 Part 4 Division 1—delete the heading and
substitute:
Division 1—Employee integrity
65—Insertion
of Subdivision heading
Before section 108 insert:
Subdivision 1—General
66—Amendment
of section 108—Interpretation
Section 108—delete "Division" and substitute:
Subdivision
67—Amendment
of section 109—General duty and compliance
Section 109—after subsection (2) insert:
(3) An employee of a council must comply with the integrity provisions
relating to employees.
(4) Contravention of, or failure to comply with, an integrity provision by
an employee of a council constitutes a ground for suspending, dismissing or
taking other disciplinary action against the employee.
Section 110—delete the section
69—Amendment
of section 110A—Duty to protect confidential
information
Section 110A(1)—delete subsection (1) and substitute:
(1) An employee or former employee of a council must not disclose
information or a document—
(a) in relation to which there is an order of a council or council
committee in effect under section 90 requiring the information or document
to be treated confidentially; or
(b) that the employee or former employee knows, or ought reasonably to
know, is information or a document that is otherwise required to be treated
confidentially.
Maximum penalty: $15 000 or 2 years imprisonment.
70—Substitution
of heading to Chapter 7 Part 4 Division 2
Heading to Chapter 7 Part 4 Division 2—delete the heading and
substitute:
Subdivision 2—Register of
Interests
71—Amendment
of Chapter 7 Part 4 Division 2
Chapter 7 Part 4 Division 2—delete "Division" wherever occurring and
substitute in each case:
Subdivision
72—Amendment
of section 117—Provision of false information
Section 117, penalty provision—delete "$10 000" and
substitute:
$15 000
73—Amendment
of section 119—Restrictions on disclosure
Section 119(1), penalty provision—delete "$10 000" and
substitute:
$15 000
74—Insertion
of Chapter 7 Part 4 Division 1 Subdivision 2A
Chapter 5 Part 4—after section 119 insert:
Subdivision 2A—Gifts and
benefits
119A—Register of gifts and
benefits
(1) An employee of
a council must not seek out or receive a gift or benefit that is, or could
reasonably be taken to be, intended or likely to create a sense of obligation to
a person on the part of the employee or influence the employee in the
performance or discharge of the employee's functions or duties.
(2) If an employee of a
council receives a gift or benefit of an amount greater than the amount
determined by the Minister (from time to time), by notice in the Gazette, the
employee must provide details of the gift or benefit to the chief executive
officer of the council in accordance with any requirements of the chief
executive officer.
(3) The Minister must consult with the LGA before publishing a notice
under
subsection (2)
.
(4) The chief executive officer of a council must maintain a register of
gifts and benefits received by employees of the council and must ensure that the
details of each gift and benefit provided under this section are included in the
register.
(5) A register maintained under this section—
(a) need not include information available in another register published
by, or available for inspection at, the council or otherwise available under the
Act; and
(b) may include information by reference to another register or document,
provided the register or document is published by, or available for inspection
at, the council and the register maintained under this clause identifies that
other register or document.
(6) For the purposes of this section, a gift or benefit received by a
designated person or entity in relation to an employee of a council will be
treated as a gift or benefit (as the case requires) received by the
employee.
(7) For the purposes of this section—
(a) 2 or more separate gifts or benefits received by an employee or a
designated person or entity in relation to the employee from the same person
during a financial year are to be treated as 1 gift or benefit (as the case
requires) received by the employee; and
(b) 2 or more separate transactions to which an employee or a designated
person or entity in relation to the employee is a party with the same person
during a financial year under which the employee or the designated person has
had the use of property of the other person (whether or not being the same
property) during a financial year are to be treated as 1 transaction under
which the employee has had the use of property of the other person during the
financial year.
(8) Unless the contrary intention appears, terms and expressions used in
this section and in Schedule 3 have the same respective meanings in this
section as they have in that Schedule, provided that a reference in
Schedule 3 to a member will be taken, for the purposes of this clause, to
be a reference to an employee.
75—Substitution
of heading to Chapter 7 Part 4 Division 3
Heading to Chapter 7 Part 4 Division 3—delete the heading and
substitute:
Subdivision 3—Conflict of
interest
76—Amendment
of section 120—Conflict of interest
(1) Section 120(1), penalty provision—delete "$5 000" and
substitute:
$15 000
(2) Section 120(2), penalty provision—delete "$5 000" and
substitute:
$15 000
(3) Section 120(4), penalty provision—delete "$5 000" and
substitute:
$15 000
(4) Section 120(6)—after paragraph (b) insert:
(ba) a family company of the employee (within the meaning of
Schedule 3); or
(bb) a family trust
of the employee (within the meaning of Schedule 3); or
(5) Section 120(6)(f)—delete paragraph (f) and substitute:
(f) if that person is a person with whom the employee has entered into, is
seeking to enter into, or is otherwise involved in a negotiation or tendering
process in connection with entering into, an agreement for the provision of
professional or other services for which the employee would be entitled to
receive a fee, commission or other reward; or
77—Insertion
of Chapter 7 Part 4 Division 2
Chapter 7 Part 4—after section 120 insert:
Division 2—Employee behaviour
120A—Behavioural standards
(1) A council may
prepare and adopt standards (the employee behavioural standards)
that—
(a) specify standards of behaviour to be observed by employees of
councils; and
(b) provide for any other matter relating to behaviour of employees of
councils.
(2) An employee of a council must comply with the council's employee
behavioural standards.
(3) Contravention of, or failure to comply with, the council's employee
behavioural standards constitutes a ground for suspending, dismissing or taking
other disciplinary action against the employee.
(4) A council may from time to time alter its employee behavioural
standards, or substitute new employee behavioural standards.
(a) adopts employee behavioural standards; or
(b) alters, or substitutes, its employee behavioural standards,
the council must consult with any registered industrial association that
represents the interests of employees of councils on the employee behavioural
standards, alteration or substituted standards (as the case may be).
(6) A council must, within 6 months after the conclusion of each periodic
election—
(a) in the case of a council that has employee behavioural standards in
effect under this section—review the operation of the employee behavioural
standards; or
(b) in any other case—consider whether it should adopt employee
behavioural standards.
78—Amendment
of section 122—Strategic management plans
(1) Section 122(1a)(a)—delete "for a period of at least 10 years;
and" and substitute:
that relates to a period of at least 10 years and includes a funding
plan that—
(i) outlines the council's approach to funding services and infrastructure
of the council; and
(ii) sets out the council's projected total revenue for the period to
which the long-term financial plan relates; and
(iii) outlines the intended sources of that total revenue (such as revenue
from rates, grants and other fees and charges); and
(2) Section 122—after subsection (3) insert:
(3a) The regulations may prescribe additional requirements with respect to
strategic management plans.
(3) Section 122(4)(a)—delete "as soon as practicable after adopting
the council's annual business plan for a particular financial year" and
substitute:
on an annual basis
(4) Section 122—after subsection (4a) insert:
(4b) A report from a chief executive officer under subsection (4a)
must—
(a) address any matters required by the Minister; and
(b) be published in a manner and form, and in accordance with any other
requirements, determined by the Minister.
(5) Section 122(6)—delete "adopt a process or processes to ensure
that members of the public are given a reasonable opportunity to be involved in"
and substitute:
undertake public consultation in relation to
(6) Section 122(7)—delete subsection (7)
79—Amendment
of section 123—Annual business plans and budgets
(1) Section 123(2)—after paragraph (e) insert:
(ea) include—
(i) a statement on the change in total revenue from general rates for the
financial year compared to the previous financial year and, if an annual
business plan sets out a growth component in relation to general rates, it may
only relate to growth in the number of rateable properties (and must not relate
to growth in the value of rateable properties); and
(ii) an explanation of how the change is consistent with the council's
long-term financial plan; and
(iii) a summary of any other reasons for the change; and
(iv) details of the impact of the change on average rates for each land
use category (if relevant); and
(v) the advice received from the designated authority under
subsection (3a); and
(vi) the council's response to the advice, which must set out whether the
change in total revenue from general rates is consistent with the advice and, if
not, the reasons for the inconsistency; and
(2) Section 123(3)(b)—delete paragraph (b) and substitute:
(b) undertake public consultation.
(3) Section 123—after subsection (3) insert:
(3a) In preparing a
draft annual business plan (and before finalising the draft plan and undertaking
public consultation on it), the council must provide the following information
to the designated authority (in the manner and form determined by the designated
authority) by no later than 31 December in the financial year preceding the
financial year to which the draft annual business plan relates (the
preceding financial year):
(a) the proposed change in total revenue from general rates for the
financial year compared to the previous financial year and the reasons for the
proposed change;
(b) the council's view of the impact of the proposed change on
ratepayers;
(c) information as to whether consideration has been given to alternatives
to the proposed change in total revenue from general rates, such as alternative
expenditure measures or funding proposals;
(d) information as to how the proposal is consistent with the council's
long-term financial plan and infrastructure and asset management plan;
(e) any other matter—
(i) prescribed by the regulations; or
(ii) requested by the designated authority.
(3b) The designated
authority must provide advice to the council on the appropriateness of the
proposed change in total revenue from general rates for the financial year
compared to the previous financial year by no later than 31 March in the
preceding financial year.
(3c) In providing
advice under
subsection (3b)
, the designated authority must have regard to—
(a) the information provided by the council under
subsection (3a)
; and
(b) any matter the
Minister directs the designated authority to have regard to; and
(c) any other matter considered relevant by the designated
authority.
(3d) The designated authority must publish a copy of a direction of the
Minister under
subsection (3c)(b)
as soon as is reasonably practicable after it is given to the designated
authority.
(3e) If the designated authority considers that a council has failed to
respond appropriately to advice from the designated authority under this
section, the designated authority may provide a report to the Minister on the
matter.
(4) Section 123(4) to (5a)—delete subsections (4) to (5a)
(inclusive)
(5) Section 123—after subsection (6) insert:
(6a) However, if a council proposes to adopt an annual business plan with
amendments, the council must include in the adopted business plan a
statement—
(a) setting out any significant amendments from the draft annual business
plan; and
(b) providing reasons for those amendments.
(6) Section 123—after subsection (7) insert:
(7a) A budget of a council may authorise the entry into borrowings and
other forms of financial accommodation for a financial year of up to an amount
specified in the budget.
(7) Section 123(8)—delete "31 August" and substitute:
15 August
(8) Section 123(9)(b) and (c)—delete paragraphs (b) and
(c)
(9) Section 123—after subsection (10) insert:
(10a) Without limiting subsection (10), regulations under that subsection
relating to an annual business plan may—
(a) relate to the manner in which matters included in the plan are to be
presented (such as, for example, by prescribing the location, style and level of
emphasis that must be given to specified matters); and
(b) prescribe requirements relating to the description or explanation of
matters included in the plan.
(10) Section 123—after subsection (14) insert:
(15) The designated authority may, by written notice, require a council to
give the designated authority, within a time and in a manner stated in the
notice (which must be reasonable), information in the council's possession that
the designated authority reasonably requires for the performance of the
designated authority's functions under this Act.
(16) The designated authority may recover from a council (as a debt due
from the council) the costs reasonably incurred by the designated authority in
performing its functions under this section in relation to the
council.
(17) In this section—
designated authority means a person or body prescribed by the
regulations for the purposes of this definition.
(18) The Minister must consult with the LGA before regulations are made
prescribing a person or body as the designated authority.
80—Amendment
of heading to Chapter 8 Part 3 Division 2
Heading to Chapter 8 Part 3 Division 2—delete "and audit committee"
and substitute:
, audit and risk committee etc
81—Amendment
of section 125—Internal control policies
Section 125—after its present contents (now to be designated as
subsection (1)) insert:
(2) A council must ensure that the policies, practices and procedures of
internal control under subsection (1) comply with any standards or other
document relating to internal control prescribed by the regulations.
(3) A council must ensure that appropriate policies, systems and
procedures relating to risk management are implemented and maintained in order
to assist the council to carry out its activities in an efficient and orderly
manner to achieve its objectives, inform appropriate decision making, facilitate
appropriate prioritisation of finite resources and promote appropriate
mitigation of strategic, financial and operational risks relevant to the
council.
After section 125 insert:
125A—Internal audit functions
(1) The chief executive officer of a council that has an internal audit
function must, before appointing a person to be primarily responsible for the
internal audit function, or assigning such responsibility to an employee of the
council, consult with the relevant audit and risk committee on the appointment
or assignment of responsibility.
(2) Despite any other law or instrument to the contrary, the person
primarily responsible for the internal audit function—
(a) must ensure that any reports they prepare relating to the internal
audit function are provided directly to the audit and risk committee;
and
(b) may report any matters relating to the internal audit function
directly to the audit and risk committee.
83—Amendment
of section 126—Audit and risk committee
(1) Section 126—before subsection (1) insert:
(a1) This section applies to a council that has not established a regional
audit and risk committee under section 126A.
(2) Section 126(1)—after "council" insert:
to which this section applies
(3) Section 126(1)—after "audit" insert:
and risk
(4) Section 126—after subsection (1) insert:
(1a) The purpose of an audit and risk committee established by a council
is to provide independent assurance and advice to the council on accounting,
financial management, internal controls, risk management and governance
matters.
(5) Section 126(2)—delete subsection (2) and substitute:
(2) The following provisions apply to the membership of a council audit
and risk committee:
(a) the majority of the members of the committee must be persons who are
not members of any council;
(b) the members of the committee (when considered as a whole) must have
skills, knowledge and experience relevant to the functions of the committee,
including in financial management, risk management, governance and any other
prescribed matter;
(c) the membership of the committee—
(i) may not include an employee of the council (although an employee may
attend a meeting of the committee if appropriate); and
(ii) may include, or be comprised of, members of another council audit and
risk committee or a regional audit and risk committee; and
(iii) must otherwise be determined in accordance with the requirements of
the regulations.
(6) Section 126(4)—delete subsection (4) and substitute:
(4) The functions of a council audit and risk committee
include—
(a) reviewing annual financial statements to ensure that they present
fairly the state of affairs of the council; and
(b) proposing, and providing information relevant to, a review of the
council's strategic management plans or annual business plan; and
(c) monitoring the responsiveness of the council to recommendations for
improvement based on previous audits and risk assessments, including those
raised by a council’s auditor; and
(d) proposing, and reviewing, the exercise of powers under
section 130A; and
(e) liaising with the council's auditor in accordance with any
requirements prescribed by the regulations; and
(f) reviewing the adequacy of the accounting, internal control, reporting
and other financial management systems and practices of the council on a regular
basis; and
(g) —
(i) if the council has an internal audit function—
(A) providing oversight of planning and scoping of the internal audit work
plan; and
(B) reviewing and commenting on reports provided by the person primarily
responsible for the internal audit function at least on a quarterly basis;
or
(ii) if the council does not have an internal audit function, reviewing
and commenting on an annual report provided by the chief executive officer in
relation to the policies and processes adopted by the council to evaluate and
improve the effectiveness of its internal control practices and procedures;
and
(h) reviewing and evaluating the effectiveness of policies, systems and
procedures established and maintained for the identification, assessment,
monitoring, management and review of strategic, financial and operational risks
on a regular basis; and
(i) reviewing any report obtained by the council under section 48(1);
and
(j) performing any other function determined by the council or prescribed
by the regulations.
(5) There must be at least 1 meeting of a council audit and risk committee
in each quarter.
(6) Subject to this
Act, the procedure to be observed at a meeting of a council audit and risk
committee will be—
(a) as prescribed
by regulation; or
(b) insofar as the procedure is not prescribed by regulation—as
determined by the committee.
(7) Without limiting
subsection (6)(a)
, regulations under that subsection may provide for circumstances in which
the public may be excluded from attendance at a meeting of a council audit and
risk committee.
(8) A council audit and risk committee must—
(a) provide a report to the council after each meeting summarising the
work of the committee during the period preceding the meeting and the outcomes
of the meeting; and
(b) provide an annual report to the council on the work of the committee
during the period to which the report relates.
(9) A council must ensure that the annual report of its audit and risk
committee is included in its annual report.
After section 126 insert:
126A—Regional audit and risk
committee
(1) Two or more councils may establish a regional audit and risk
committee.
(2) The purpose of a regional audit and risk committee established by 2 or
more councils is to provide independent assurance and advice to those councils
on accounting, financial management, internal controls, risk management and
governance matters.
(3) The following provisions apply to the membership of a regional audit
and risk committee:
(a) the majority of the members of the committee must be persons who are
not members of any council;
(b) the members of the committee (when considered as a whole) must have
skills, knowledge and experience relevant to the functions of the committee,
including in financial management, risk management, governance and any other
prescribed matter;
(c) the membership of the committee—
(i) may not include an employee of the constituent councils (although an
employee may attend a meeting of the committee if appropriate); and
(ii) may include, or be comprised of, members of a council audit and risk
committee or another regional audit and risk committee; and
(iii) must otherwise be determined in accordance with the requirements of
the regulations.
(4) The functions of regional audit and risk committee
include—
(a) reviewing annual financial statements to ensure that they present
fairly the state of affairs of the constituent councils; and
(b) proposing, and providing information relevant to, a review of the
constituent councils' strategic management plans or annual business plans;
and
(c) monitoring the responsiveness of the constituent councils to
recommendations for improvement based on previous audits and risk assessments,
including those raised by a constituent council's auditor; and
(d) proposing, and reviewing, the exercise of powers under
section 130A; and
(e) liaising with the constituent councils' auditors in accordance with
any requirements prescribed by the regulations; and
(f) reviewing the adequacy of the accounting, internal control, reporting
and other financial management systems and practices of the constituent councils
on a regular basis; and
(g) —
(i) in relation to a constituent council that has an internal audit
function—
(A) providing oversight of planning and scoping of the internal audit work
plan; and
(B) reviewing and commenting on reports provided by the person primarily
responsible for the internal audit function at least on a quarterly basis;
or
(ii) in relation to a constituent council that does not have an internal
audit function, reviewing and commenting on an annual report provided by the
chief executive officer in relation to the policies and processes adopted by the
council to evaluate and improve the effectiveness of its internal control
practices and procedures; and
(h) reviewing and evaluating the effectiveness of policies, systems and
procedures established and maintained for the identification, assessment,
monitoring, management and review of strategic, financial and operational risks
on a regular basis; and
(i) reviewing any report obtained by a constituent council under
section 48(1); and
(j) performing any other function determined by the constituent councils
or prescribed by the regulations.
(5) There must be at least 1 meeting of a regional audit and risk
committee in each quarter.
(6) Subject to this
Act, the procedure to be observed at a meeting of a regional audit and risk
committee will be—
(a) as prescribed
by regulation; or
(b) insofar as the procedure is not prescribed by regulation—as
determined by the committee.
(7) Without limiting
subsection (6)(a)
, regulations under that subsection may provide for circumstances in which
the public may be excluded from attendance at a meeting of a regional audit and
risk committee.
(8) A regional audit and risk committee must—
(a) provide a report to the constituent councils after each meeting
summarising the work of the committee during the period preceding the meeting
and the outcomes of the meeting; and
(b) provide an annual report to the constituent councils on the work of
the committee during the period to which the report relates.
(9) Each constituent council of a regional audit and risk committee must
ensure that the annual report of the committee is included in its annual
report.
85—Amendment
of section 127—Financial statements
Section 127(5) and (6)—delete subsections (5) and (6)
86—Amendment
of section 128—Auditor
(1) Section 128(2)—delete "council's audit committee" and
substitute:
relevant audit and risk committee
(2) Section 128(2a)—delete "audit committee" and
substitute:
relevant audit and risk committee
(3) Section 128(6)—delete subsection (6) and substitute:
(6) If a firm comprising at least 1 registered company auditor has held
office as auditor of a council for 5 successive financial years (the
first firm), the council—
(a) must ensure another auditor is appointed as auditor of the council
(being a registered company auditor (who is not part of a firm) or another firm
comprising at least 1 registered company auditor); and
(b) must not appoint the first firm as its auditor until at least
5 years have passed since the first firm last held the office.
87—Amendment
of section 129—Conduct of audit
(1) Section 129(1)—delete "The" and substitute:
Subject to subsection (1a), the
(2) Section 129—after subsection (1) insert:
(1a) If the Auditor-General undertakes an audit under the
Public
Finance and Audit Act 1987
of financial statements or controls (or both) of a council referred to in
subsection (1) for a financial year—
(a) the auditor of the council is not required to undertake an audit of,
provide an opinion or advice on, or report to the Minister on, those statements
or controls (or both) (as the case requires) under this section; and
(b) the Auditor-General may recover reasonable costs incurred in relation
to undertaking the audit as a debt due from the council.
(3) Section 129(5a)(b)—delete "council's audit committee" and
substitute:
relevant audit and risk committee
88—Amendment
of section 130A—Other investigations
Section 130A(5)(b)—delete "council's audit committee" and
substitute:
relevant audit and risk committee
89—Amendment
of section 131—Annual report to be prepared and
adopted
Section 131(8)—delete subsection (8)
After section 131 insert:
131A—Provision of information to
Minister
(1) A council must
provide to the Minister, at the time or times, and in the manner and form,
determined by the Minister—
(a) the material (including the specific reports on the matters) specified
in Schedule 4 (as amended from time to time by regulation); and
(b) any other
information, or class of information, specified by the Minister.
(2) The Minister may publish information provided by a council under this
section.
91—Amendment
of section 132—Access to documents
(1) Section 132(1) to (3)—delete subsections (1) to (3) (inclusive)
and substitute:
(1) Subject to the regulations, a council must—
(a) publish a document referred to in Schedule 5 on a website
determined by the chief executive officer; and
(b) on request, provide a person with a printed copy of a document
referred to in Schedule 5 (on payment of a fee (if any) fixed by the
council).
(2) Section 132(3a)—delete "make the document or part of the
document (as the case requires) available for inspection on the website referred
to in subsection (3) within a reasonable time after it is available for
inspection under section 91(5) at the principal office of the council" and
substitute:
ensure that the document or part of the document (as the case requires) is
published on the website determined by the chief executive officer (in
accordance with subsection (1)(a))
(3) Section 132(4a)—delete subsection (4a)
92—Amendment
of section 147—Rateability of land
Section 147(7)—delete subsection (7)
93—Amendment
of section 151—Basis of rating
(1) Section 151(3)—delete "or site value"
(2) Section 151(5)(e)—delete paragraph (e) and substitute:
(e) undertake public consultation.
(3) Section 151(7) and (8)—delete subsections (7) and (8)
(4) Section 151(8a)(b)—delete paragraph (b)
94—Amendment
of section 153—Declaration of general rate (including differential general
rates)
Section 153(5)(b)—delete "31 August" and substitute:
15 August
95—Amendment
of section 156—Basis of differential rates
(1) Section 156(14a)(b)—delete paragraph (b) and
substitute:
(b) undertake public consultation.
(2) Section 156(14d) and (14e)—delete subsections (14d) and
(14e)
(3) Section 156(14ea)(b)—delete paragraph (b)
96—Substitution
of section 170
Section 170—delete the section and substitute:
170—Notice of declaration of
rates
A council must give public notice of the declaration of a rate or service
charge within 21 days after the date of the declaration.
97—Amendment
of section 181—Payment of rates—general
principles
Section 181(3)—delete "31 August" and substitute:
15 August
98—Amendment
of section 184—Sale of land for non-payment of rates
Section 184(4)(c)—delete paragraph (c) and substitute:
(c) giving public notice of the notice; and
99—Amendment
of section 188—Fees and charges
(1) Section 188(6)—delete subsection (6)
(2) Section 188(7)—delete "up-date the list referred to in
subsection (6) and"
100—Amendment
of section 193—Classification
(1) Section 193(2)—delete "follow the relevant steps set out in its
public consultation policy" and substitute:
undertake public consultation
(2) Section 193(6)—delete "notice in the Gazette" and
substitute:
public notice
101—Amendment
of section 194—Revocation of classification of land as community land
etc
(1) Section 194(1) to (3)—delete subsections (1) to (3) (inclusive)
and substitute:
(1) Subject to
subsection (2)
, a council may revoke the classification of land as community land in
accordance with this section.
(a) the Adelaide Park Lands as community land cannot be revoked unless the
revocation is by force of a provision of another Act; and
(b) land as
community land cannot be revoked if the land is required to be held for the
benefit of the community under Schedule 8, under a special Act of
Parliament relating to the land, or under an instrument of trust; and
(c) land as community land cannot be revoked if the power to revoke the
classification of that land is excluded by regulation; and
(d) other land as community land cannot be revoked unless—
(i) —
(A) if section 194A applies to the proposal to revoke the
classification—the council complies with section 194A; or
(B) in any other case—the council complies with section 194B;
and
(ii) if the land is under the care, control and management of the council
but is not owned by the council—
(A) in a case where the council cannot, after making reasonable inquiries,
ascertain the name and address of the owner of the land—the council has
given notice of the proposed revocation in accordance with the community
engagement charter; or
(B) in any other case—the owner of the land approves revocation of
the classification.
(3) The Governor
may amend Schedule 8 from time to time by regulation.
(3a) The Governor cannot make a regulation under
subsection (3)
revoking the classification of land referred to in Schedule 8 as
community land.
(3b) The Governor
must not make a regulation under
subsection (3)
except on the recommendation of the Minister.
(3c) The Minister may only make a recommendation under
subsection (3b)
if the Minister is satisfied that the regulation does not amend
Schedule 8 so as to effect a change to—
(a) the primary use of the land; or
(b) the primary purpose for which the land is to be maintained for the
benefit of the community.
(2) Section 194(4)—delete "subsection (1)" and substitute:
subsection (2)(c)
(3) Section 194(5)—delete "subsection (1)(a)" and
substitute:
subsection (2)(a)
102—Insertion
of sections 194A and 194B
After section 194 insert:
194A—Revocation of community land classification
requiring Ministerial approval—process
(1) The following
provisions apply to a proposal to revoke the classification of land as community
land to which this section applies:
(a) the classification cannot be revoked unless the Minister approves
revocation;
(b) before revoking the classification, the council must prepare and make
publicly available a report on the proposal containing—
(i) a summary of the reasons for the proposal; and
(ii) a statement of any dedication, reservation or trust to which the land
is subject; and
(iii) a statement of whether revocation of the classification is proposed
with a view to sale or disposal of the land and, if so, details of any
Government assistance given to acquire the land and a statement of how the
council proposes to use the proceeds; and
(iv) an assessment of how implementation of the proposal would affect the
area and the local community; and
(v) if the council is not the owner of the land—a statement of any
requirements made by the owner of the land as a condition of approving the
proposed revocation of the classification;
(c) the council must undertake public consultation on the
proposal;
(d) if the
revocation of the classification is proposed with a view to the sale or disposal
of the land (whether or not the land is of a kind referred to in
subsection (6)(d)
), the council must also comply with the prescribed requirements;
(e) the council must then submit to the Minister the proposal with a
report on all submissions made on it as part of the public consultation process
and, if
paragraph (d)
applies, evidence of its compliance with the prescribed
requirements;
(f) if the Minister
approves the proposal—the council may make a resolution revoking the
classification of the land as community land.
(2) If the Minister grants an approval under
subsection (1)
—
(a) the Minister must give written notice of the approval to the council;
and
(b) the Minister may impose conditions on the approval.
(3) The Minister may vary or revoke an approval or a condition of an
approval by further written notice to the council.
(4) The Minister may recover from a council (as a debt due from the
council) the costs reasonably incurred by the Minister in considering a proposal
submitted by the council under this section.
(5) A council must not breach, or fail to comply with, a condition of an
approval under this section.
(6) This section
applies to a proposal to revoke the classification of land as community land
if—
(a) the land is
owned by the Crown or an agency or instrumentality of the Crown; or
(b) the land adjoins land referred to in
paragraph (a)
or is related to such land in circumstances prescribed by the regulations;
or
(c) the council knows, or ought reasonably to know, that State government
financial assistance was given to the council to acquire, or for the purposes
of, the land or improvements on the land; or
(i) for a public purpose (including an educational, sporting or
recreational purpose); or
(ii) as community open space,
and the revocation of the classification is proposed with a view to sale or
disposal of the land; or
(e) the proposal is declared by the regulations to be a proposal to which
this section applies.
194B—Revocation of community land classification of
other land—process
The following provisions apply to a proposal to revoke the classification
of land as community land (other than a proposal to which
section 194A
applies):
(a) before revoking the classification, the council must prepare and make
publicly available a report on the proposal containing—
(i) a summary of the reasons for the proposal; and
(ii) a statement of any dedication, reservation or trust to which the land
is subject; and
(iii) a statement of whether revocation of the classification is proposed
with a view to sale or disposal of the land and, if so, details of any
Government assistance given to acquire the land and a statement of how the
council proposes to use the proceeds; and
(iv) an assessment of how implementation of the proposal would affect the
area and the local community; and
(v) if the council is not the owner of the land—a statement of any
requirements made by the owner of the land as a condition of approving the
proposed revocation of the classification;
(b) the council must undertake public consultation on the
proposal;
(c) after
considering submissions made as part of public consultation on the proposal, the
council may make a resolution revoking the classification of the land as
community land.
103—Amendment
of section 196—Management plans
Section 196(1)(a)—delete "section 194(1)(b) or (c)" and
substitute:
section 194(2)(b) or (c)
104—Amendment
of section 197—Public consultation on proposed management
plan
(1) Section 197(1)—delete subsection (1) and substitute:
(1) Before a council adopts a management plan for community land it must
undertake public consultation.
(2) Section 197(2)—delete subsection (2)
105—Amendment
of section 202—Alienation of community land by lease or
licence
(1) Section 202(2)—delete "follow the relevant steps set out in its
public consultation policy" and substitute:
undertake public consultation
(2) Section 202(3)(b)—delete "compliance with a public consultation
policy" and substitute:
undertaking public consultation
106—Amendment
of section 207—Register
Section 207(3) and (4)—delete subsections (3) and (4)
107—Amendment
of section 219—Power to assign name, or change name, of road or public
place
Section 219(7)—delete subsection (7) and substitute:
(7) A council must give public notice of the adopting or altering of a
policy under this section.
108—Amendment
of section 221—Alteration of road
(1) Section 221(7)(a)—delete paragraph (a)
(2) Section 221(7)(b)—after "with" insert:
the chief executive officer of
(3) Section 221—after subsection (7) insert:
(7a) The chief executive officer of a council consulted under subsection
(7)(b) may provide comments on the matter to the relevant authority within the
period prescribed by the regulations and, if comments are not provided within
that time, it will be conclusively presumed that the council does not intend to
comment on the matter.
(7b) However, comments provided by the chief executive officer may only
relate to the proposed alteration to the public road (including works within the
public road) and must not relate to any building of a dwelling on land adjoining
the public road.
(4) Section 221(8)—delete "does not extend to an assessment panel
appointed by the council." and substitute:
—
(a) does not extend to an assessment panel appointed by the council;
and
(b) does not apply to an alteration that complies with any relevant design
standard under the
Planning,
Development and Infrastructure Act 2016
.
109—Amendment
of section 222—Permits for business purposes
(1) Section 222(1a)—delete subsection (1a)
(2) Section 222(6a) to (6c)—delete subsections (6a) to (6c)
(inclusive)
110—Amendment
of section 223—Public consultation
Section 223(1)—delete "follow the relevant steps set out in its
public consultation policy" and substitute:
undertake public consultation
111—Amendment
of section 224—Conditions of authorisation or permit
(1) Section 224(1)—delete "A" and substitute:
Subject to subsection (2), a
(2) Section 224(2) to (4)—delete subsections (2) to (4) (inclusive)
and substitute:
(2) A condition under subsection (1) must comply with any
requirements prescribed by the regulations.
Section 224A—delete the section
113—Amendment
of section 225—Cancellation of authorisation or
permit
(1) Section 225(1)—delete subsection (1) and substitute:
(1) A council may, by notice in writing to the holder of an authorisation
or permit, cancel the authorisation or permit for breach of a
condition.
(2) Section 225(4)—delete subsection (4)
Section 225A—delete the section
115—Amendment
of section 225B—Review of granting of authorisations and
permits
(1) Section 225B(1)—delete subsection (1) and substitute:
(1) If a business in a council area is unreasonably affected
by—
(a) activities conducted under 1 or more authorisations or permits granted
by the council under this Division; or
(b) the refusal of the council to grant an authorisation or permit under
this Division,
the operator of the business may apply to the Small Business Commissioner
for a review of the matter by the Small Business Commissioner (who is conferred
with the function of conducting such a review), unless the operator is entitled
to apply to the Environment, Resources and Development Court for a review of the
matter under section 234AA(2).
(2) Section 225B(5)—delete "recommend to the relevant council that
the council amend its location rules" and substitute:
provide a report to the Minister on the matter
(3) Section 225B—after subsection (5) insert:
(5a) A report under subsection (5) may include recommendations to the
relevant council in relation to—
(a) the granting or refusal of authorisations or permits by the council
(including in relation to any authorisations or permits that the Small Business
Commissioner considers have been unreasonably granted or refused); and
(b) policies, practices or procedures of the council relating to
authorisations or permits under this Division.
(4) Section 225B(6)—delete subsection (6)
116—Amendment
of section 231—Register
Section 231(3) and (4)—delete subsections (3) and (4)
117—Amendment
of section 232—Trees
Section 232(b)—delete "follow the relevant steps set out in its
public consultation policy" and substitute:
undertake public consultation
118—Amendment
of section 234AA—Interaction with processes associated with development
authorisations
Section 234AA(2)—delete "or 222(6a)"
119—Amendment
of section 234A—Prohibition of traffic or closure of streets or
roads
Section 234A(6)—delete subsection (6) and substitute:
(6) A resolution passed under this section cannot take effect before the
council has given public notice of the resolution.
120—Amendment
of section 237—Removal of vehicles
Section 237(4)(b)—delete "published in a newspaper circulating
generally in the State" and substitute:
given
121—Amendment
of section 246—Power to make by-laws
(1) Section 246(3)(g)—delete "$750" and substitute:
$1 250
(2) Section 246(4)—delete "notice of that alteration is published by
the council in the Gazette and in a newspaper circulating in the area of the
council" and substitute:
the council gives public notice of that alteration
(3) Section 246(4a)—delete "ensure that notice of the determination
is published in the Gazette and in a newspaper circulating in the area of the
council" and substitute:
give public notice of the determination
122—Amendment
of section 249—Passing by-laws
(1) Section 249(1)—delete subsection (1) and substitute:
(1) If it is proposed that a council make a by-law, the council must, at
least 21 days before resolving to make the by-law, ensure that copies of
the proposed by-law (and any code, standard or other document proposed to be
applied or incorporated by the by-law) are made available to the public in
accordance with section 132(1).
(2) Section 249(7)—delete subsection (7) and substitute:
(7) A council must give public notice of the making of a by-law under this
section.
123—Amendment
of section 250—Model by-laws
Section 250(7)—delete subsection (7) and substitute:
(7) A council must give public notice of the adoption of a model by-law or
alteration under this section.
124—Amendment
of section 252—Register of by-laws and certified
copies
Section 252(3) and (4)—delete subsections (3) and (4)
125—Amendment
of section 259—Councils to develop policies
(1) Section 259(2)(b)—delete paragraph (b) and substitute:
(b) undertake public consultation.
(2) Section 259(3)—delete "in response to an invitation" and
substitute:
during the public consultation
(3) Section 259(6) and (7)—delete subsections (6) and (7)
126—Insertion
of Chapter 13 Part A1
Chapter 13—before Part 1 insert:
Part A1—Member behaviour
Division 1—Council to deal with member
behaviour
262A—Complaints
(1) A person may make a complaint under this Division alleging that a
member of a council has contravened or failed to comply with Chapter 5
Part 4 Division 2.
(2) A complaint to a council under this Division must be made in
accordance with, and contain any information required by, the council's
behavioural management policy.
(3) Subject to this Division, a council must deal with a complaint under
this Division in accordance with the council's behavioural management policy
(and a reference to dealing with a complaint includes a reference to refusing to
deal with a complaint or determining to take no further action on a
complaint).
262B—Behavioural management
policy
(1) A council must
prepare and adopt a policy relating to the management of behaviour of members of
the council (a behavioural management policy).
(2) Subject to this
Division, a behavioural management policy must include the following provisions
relating to complaints under this Division:
(a) provisions requiring that, on receipt, a complaint will be provided to
the presiding member, chief executive officer or a delegate of the presiding
member or chief executive officer authorised to receive complaints (as
appropriate);
(b) provisions authorising the council to deal with complaints as the
council considers appropriate, including by—
(i) refusing to deal with a complaint; or
(ii) determining to take no further action on a complaint (having
commenced dealing with a complaint); or
(iii) arranging for mediation, conciliation, arbitration or other dispute
or conflict resolution in relation to a complaint;
Note—
Provisions of a behavioural management policy setting out the grounds
authorising a council to refuse to deal with a complaint or determine to take no
further action on a complaint may include grounds such as—
(a) the ground that the subject matter of the complaint is trivial;
or
(b) the ground that the complaint is frivolous or vexatious or is not made
in good faith; or
(c) the ground that the complainant or the person on whose behalf the
complaint was made does not have a sufficient personal interest in the matter
raised in the complaint; or
(d) the ground that, having regard to all the circumstances of the case,
it is unnecessary or unjustifiable for the council to deal with or continue to
deal with the complaint; or
(e) the ground that the subject matter of the complaint has been or is
already being investigated, whether by the council or another person or body;
or
(f) the ground that the council has dealt with the complaint
adequately.
(c) provisions authorising the council to inquire into a complaint in such
manner as the council considers appropriate (subject to the principles of
procedural fairness);
Note—
Provisions of a behavioural management policy relating to inquiring into a
complaint appropriately may include procedures such as 1 or more of the
following:
(a) provisions relating to parties to the process providing submissions
(oral or written);
(b) provisions relating to the conduct of interviews;
(c) provisions relating to the undertaking of investigations (formal or
informal).
(d) provisions authorising the council to conduct an inquiry itself or
delegate the conduct of an inquiry to any person or body (with the agreement of
the person or body) the council considers appropriate in the
circumstances;
Note—
Examples of the kind of person to whom a council may delegate the conduct
of an inquiry include—
(a) the principal member of the council; or
(b) the chief executive officer of the council; or
(c) a delegate of the principal member or the chief executive officer;
or
(d) a committee of the council (such as a committee established in
relation to governance matters); or
(e) a person who is not a member or employee of the council.
(e) provisions authorising the council to take action to resolve a
complaint in such manner as the council considers appropriate, including
by—
(i) requiring the member to undertake training, instruction, counselling,
mentoring or coaching; or
(ii) taking action under this Division.
(3) Without limiting
subsection (2)
, a behavioural management policy may contain other provisions relating to
the processes and procedures for receiving and dealing with complaints under
this Division and may—
(a) specify
directions relating to behaviour that must be observed by members of the
council; and
(b) set out guidelines relating to compliance by members with
Chapter 5 Part 4 Division 2 and directions under
paragraph (a)
; and
(c) include any other matter relating to behaviour of members considered
appropriate by the council.
(4) A behavioural management policy—
(a) must not be inconsistent with the behavioural standards; and
(b) must comply with any requirement specified by the behavioural
standards.
(5) A member of a council must comply with the council's behavioural
management policy.
(6) A council may from time to time alter a behavioural management policy,
or substitute a new policy.
(7) A council must, within 12 months after the conclusion of each
periodic election, review the operation of its behavioural management
policy.
262C—Action
(1) A council may,
after inquiring into a complaint under this Division, do 1 or more of the
following:
(a) pass a censure motion in respect of the member;
(b) require the member to issue a public apology (in a manner determined
by the council);
(c) require the member to undertake a specified course of training or
instruction;
(d) remove or suspend the member from 1 or more offices held in the
member's capacity as a member of the council or by virtue of being a member of
the council (other than the office of member of the council).
(2) If action is taken in respect of a member of a council under this
section, a report on the matter must be considered in public at an ordinary
meeting of the council.
(3) In the exercise or performance of a power or function under this
Division, a council (including any person acting on behalf of, or as a delegate
of, the council)—
(a) must proceed with as little formality and technicality and with as
much expedition as the requirements of this or any other Act and a proper
consideration of the matter permit; and
(b) is not bound by rules of evidence but may inform itself of any matter
in any manner that the council considers appropriate.
262D—Reasons
If a council—
(a) refuses to deal with a complaint under this Division; or
(b) determines to take no further action in relation to a complaint under
this Division (whether or not an inquiry has been commenced or completed on the
complaint),
the council must provide the complainant with written reasons for the
refusal or determination.
Division 2—Behavioural standards
panel
Subdivision 1—Preliminary
262E—Preliminary
In this Division—
misbehaviour means—
(a) a failure by a member of a council to comply with a requirement of the
council under
section 262C(1)
; or
(b) a failure by a member of a council to comply with a provision of, or a
requirement under, the council's behavioural management policy; or
(c) a failure by a member of a council to comply with an agreement reached
following mediation, conciliation, arbitration or other dispute or conflict
resolution conducted in relation to a complaint under
Division 1
;
presiding member means the member of the Panel appointed to
be the presiding member of the Panel under
section 262F
, or a person from time to time acting as the presiding member;
repeated misbehaviour means a second or subsequent failure by
a member of a council to comply with Chapter 5 Part 4
Division 2;
serious misbehaviour means a failure by a member of a council
to comply with section 75G.
Subdivision 2—Behavioural standards
panel
262F—Establishment and
constitution
(1) The Behavioural Standards Panel is established.
(2) The Panel—
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) is capable of suing and being sued in its corporate name;
and
(d) has all the powers of a natural person that are capable of being
exercised by a body corporate and, in particular, has all the powers necessary
or expedient for, or incidental to, the performance of its functions.
(3) The Panel consists of the following members appointed by the
Governor—
(a) a member nominated jointly by the Minister and the LGA to be the
presiding member of the Panel; and
(b) a member nominated by the Minister; and
(c) a member nominated by the LGA.
(4) A member or employee of a council cannot be appointed as a member of
the Panel.
(5) The Minister
and the LGA must, when nominating persons for appointment as members of the
Panel, seek to ensure that, as far as is practicable, the members of the Panel
collectively have qualifications, knowledge, expertise and experience in the
following areas:
(a) local government or public administration;
(b) law;
(c) administrative or disciplinary investigation;
(d) dispute resolution, conflict management, human resource management or
organisational psychology.
262G—Conditions of membership
(1) A member of the Panel will be appointed on such conditions and for
such term, not exceeding 5 years, as the Governor may determine and on the
expiration of a term of office will be eligible for reappointment.
(2) The Governor
may remove a member of the Panel from office—
(a) for breach of, or failure to comply with, a condition of appointment;
or
(b) for failure or incapacity to carry out official duties satisfactorily;
or
(c) for misconduct; or
(d) on the
recommendation of the Minister.
(3) The Minister cannot make a recommendation under
subsection (2)(d)
unless the LGA consents to the making of the recommendation.
(4) The office of a member of the Panel becomes vacant if the
member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice addressed to the Minister; or
(d) is convicted of an indictable offence or sentenced to imprisonment for
an offence; or
(e) becomes a member of an Australian Parliament; or
(f) becomes a member or employee of a council; or
(g) is removed from office by the Governor under
subsection (2)
.
(5) On the office of a
member of the Panel becoming vacant, a person must be appointed in accordance
with this Act to the vacant office.
262H—Acting member
(1) If—
(a) a member is unable to perform official functions or duties;
or
(b) the office of a member is vacant,
the Governor may appoint a person to act in the office of the member for a
period of up to 6 months on conditions determined by the
Governor.
(2) If a member is unable to act in relation to a particular matter, the
Minister may appoint a person to act in the office of the member in relation to
that matter on conditions determined by the Minister.
(3)
Section 262G(2)
to
(5)
(inclusive) apply to an acting member as if they were appointed under
section 262F
.
262I—Meetings of Panel
(1) Subject to this Part—
(a) a meeting of the Panel will be presided over by the presiding member
and, in the absence of that member, a member chosen by those present will
preside; and
(b) 2 members constitute a quorum of the Panel and no business may be
transacted at a meeting of the Panel unless a quorum is present; and
(c) each member present at a meeting of the Panel is entitled to
1 vote on a matter arising for decision at the meeting and the person
presiding at the meeting has, in the event of an equality of votes, a second or
casting vote; and
(d) a decision carried by a majority of the votes cast by the members
present at a meeting of the Panel is a decision of the Panel; and
(e) the Panel may otherwise determine its own procedures.
(2) A conference by telephone or other electronic means between the member
of the Panel will, for the purposes of this section, be taken to be a meeting of
the Panel at which the participating members are present if—
(a) notice of the conference is given to all members in the manner
determined by the Panel for the purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(3) A proposed resolution of the Panel becomes a valid decision of the
Panel despite the fact that it is not voted on at a meeting of the Panel
if—
(a) notice of the proposed resolution is given to all members in
accordance with procedures determined by the Panel; and
(b) a majority of the members express concurrence in the proposed
resolution by email or other written communication setting out the terms of the
resolution.
(4) The Panel must cause minutes to be kept of its meetings.
262J—Remuneration and expenses
The members of the Panel are entitled to such fees, allowances and expenses
as the Governor may approve.
262K—Staff
(1) The Panel will have such staff (comprised of persons employed in the
Public Service of the State) as is necessary for the purposes of the performance
of the Panel's functions under this and any other Act.
(2) The Panel may, by arrangement with the appropriate authority, make use
of the services, facilities or employees of a government department, agency or
instrumentality.
262L—Validity of acts of Panel
An act or proceeding of the Panel is not invalid by reason only of a
vacancy in its membership or a defect in the appointment of a member.
262M—Costs
(1) The costs of establishing the Panel, and the ongoing administrative
and operational costs of the Panel, 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.
(2) The Panel may recover reasonable costs incurred in relation to a
complaint against a member of a council referred to the Panel under
Subdivision 3
as a debt due from the relevant council.
262N—Functions
(1) The primary function of the Panel is to assess and deal with
complaints referred to the Panel under
Subdivision 3
.
(2) In addition, the Panel may—
(a) publish guidelines for councils, members of councils and the community
relating to the behavioural standards, behavioural management policies,
behavioural support policies and other matters relating to behaviour of members;
and
(b) publish model behavioural management policies and behavioural support
policies; and
(c) publish practice directions relating to practices and procedures in
respect of matters before the Panel; and
(d) perform other functions conferred on the Panel by or under this or any
other Act.
262O—Delegation
(1) Subject to
subsection (2)
, the Panel may delegate a function or power conferred on the Panel, other
than a function or power under
Subdivision 3
or a prescribed function or power—
(a) to a specified person or body; or
(b) to a person occupying or acting in a specified office or
position.
(a) may be made
subject to conditions or limitations specified in the instrument of delegation;
and
(b) may, if the instrument of delegation so provides, be further
delegated; and
(c) is revocable at will and does not prevent the Panel from acting in a
matter.
262P—Annual report
(1) The Panel must,
on or before 30 September in each year, submit a report to the Minister on
the activities of the Panel during the previous financial year.
(2) The Minister must, within 12 sitting days after receipt of a report
under
subsection (1)
, cause copies of that report to be laid before each House of
Parliament.
Subdivision 3—Inquiries and action on
complaints referred to Panel
262Q—Referral
(1) A complaint
alleging misbehaviour, repeated misbehaviour or serious misbehaviour by a member
of a council may be referred to the Panel by—
(a) resolution of the
council; or
(b) the principal member of the council; or
(c) at least 3 members
of the council; or
(d) the Minister.
(2) A person who is dissatisfied with a council's decision in relation to
a complaint made by the person under
Division 1
(including a decision of the council to refuse to deal with, or to take no
further action in relation to, the complaint) may refer the subject matter of
the complaint to the Panel.
262R—Proceedings of Panel
(1) One or more functions or powers of the Panel under
section 262S
,
262T
,
262U
or
262V
may be exercised by the presiding member on behalf of the Panel.
(2) The Panel (or the presiding member acting on its behalf) may appoint
an investigator to conduct an inquiry under
section 262T
into a complaint referred to the Panel under this Subdivision.
(3) Any questions of law or procedure arising before the Panel will be
determined by the presiding member and any other questions arising before the
Panel sitting as a whole will be determined by unanimous or majority decision of
the members (unless there is an equal division of opinion, in which case, the
decision of the presiding member will be the decision of the Panel).
(4) If a member of the Panel as constituted under this section (other than
the presiding member) dies, or is for any other reason unable to continue with
the proceedings before the Panel, the Panel constituted of the remaining members
may, if the presiding member so determines, continue and complete the
proceedings.
262S—Assessment
(1) The Panel may refuse to deal with a complaint referred to the Panel
under this Subdivision or, having commenced dealing with a complaint, determine
to take no further action on it if the Panel is satisfied—
(a) that the subject matter of the complaint is trivial; or
(b) that the complaint is frivolous or vexatious or is not made in good
faith; or
(c) that the complainant or the person on whose behalf the complaint was
made does not have a sufficient personal interest in the matter raised in the
complaint; or
(d) that, having regard to all the circumstances of the case, it is
unnecessary or unjustifiable for the Panel to deal with or continue to deal with
the complaint; or
(e) that the subject matter of the complaint has been or is already being
assessed or investigated, whether by the Panel or another person or body (but
disregarding any dealing with the complaint by the relevant council following
which the matter was referred to the Panel); or
(f) that the council has dealt with the complaint adequately; or
(g) that it is otherwise in the public interest to refuse to deal with, or
determine to take no further action on, the complaint.
(2) If a complaint is made and the Panel refuses to deal with, or
determines to take no further action on, the complaint, the Panel must inform
the person or body that referred the complaint to the Panel under this
Subdivision of that decision and of the reasons for it.
(3) The Panel may refer a complaint referred to it under this Subdivision
to the relevant council if the Panel considers that the complaint does not
allege misbehaviour, repeated misbehaviour or serious misbehaviour by a member
of a council.
262T—Inquiries
(1) The Panel may inquire into a complaint referred to the Panel under
this Subdivision in such manner as the Panel considers appropriate.
(2) However, an inquiry must be conducted in accordance with the
principles of procedural fairness.
262U—Powers relating to
inquiries
(1) The Panel or an
investigator conducting an inquiry under this Division may, in connection with
the inquiry—
(a) by summons signed by the Panel or investigator (as the case requires),
require a person's attendance; and
(b) require a
person to answer, orally or in writing, questions to the best of their
knowledge, information and belief; and
(c) require a person to verify an answer under
paragraph (b)
by declaration; and
(d) require a
council or person to produce any relevant documents or other records;
and
(e) retain documents or other records produced under
paragraph (d)
for reasonable periods and make copies of them or their contents;
and
(f) call for or receive submissions or representations.
(2) Subject to
subsection (3)
, a person or council must not refuse or fail to comply with a requirement
under
subsection (1)
.
Maximum penalty: $10 000.
(3) A person is not
obliged to comply with a requirement under
subsection (1)
if to do so might incriminate the person of an offence, and a person or a
council is not required to provide information under
subsection (1)
that is privileged on the ground of legal professional
privilege.
(4) In the exercise or performance of a power or function under this
Subdivision, the Panel—
(a) must proceed with as little formality and technicality and with as
much expedition as the requirements of this or any other Act and a proper
consideration of the matter permit; and
(b) is not bound by rules of evidence but may inform itself of any matter
in any manner that the Panel considers appropriate.
262V—Dispute resolution
(1) The Panel may, at any time, arrange for mediation, conciliation,
arbitration or other dispute or conflict resolution (alternative dispute
resolution) to be conducted in relation to the subject matter of a
complaint referred under this Subdivision.
(2) If agreement is reached through alternative dispute
resolution—
(a) the agreement must be recorded in writing and signed by the parties to
the agreement and by a member of the Panel on behalf of the Panel; and
(b) a copy of the agreement must be given to each of the
parties.
(3) The Panel may, if satisfied that the subject matter of a complaint has
been properly resolved by alternative dispute resolution, determine to take no
further action on the complaint.
262W—Action
(1) The Panel may,
after inquiring into a complaint referred to the Panel under this Subdivision,
by order do 1 or more of the following:
(a) reprimand the member (including by means of a public
statement);
(b) direct the council to pass a censure motion in respect of the
member;
(c) require the member to issue a public apology (in a manner determined
by the Panel);
(d) require the member to attend a specified course of training or
instruction, or to take other steps;
(e) require the member to reimburse the council a specified amount (which
may include the reimbursement of the council's costs relating to investigation
of the complaint and giving effect to an order under this section);
(f) remove or suspend the member from 1 or more offices held in the
member's capacity as a member of the council or by virtue of being a member of
the council (other than the office of member of the council);
(g) suspend the member from the office of member of the council for a
period not exceeding 3 months, with or without an allowance (as determined
by the Panel);
(h) direct the
council to lodge a complaint against the member with SACAT.
(2) If action is taken in respect of a member of a council under this
section, the Panel—
(a) must provide a report on the matter to the council; and
(b) may require—
(i) the report to be considered in public at an ordinary meeting of the
council; and
(ii) the council to provide a report to the Panel, within a period and in
such manner as is specified by the Panel, detailing—
(A) if the Panel made an order requiring the member to take action under
subsection (1)
—the member's compliance with the requirement; or
(B) if the Panel made an order directing the council to take action under
subsection (1)
—the council's compliance with the direction.
(3) If a member of a council fails to comply with an order of the Panel
requiring the member to take action under
subsection (1)
, the member will be taken for the purposes of this Act to have failed to
comply with an integrity provision and the council is to ensure that a complaint
is lodged against the member with SACAT.
(4) If the Panel considers that a council has failed to comply with a
direction or requirement of the Panel under this section, the Panel may provide
a report to the Minister on the matter.
262X—Reports on inquiries
(1) The Panel may
publish, in such manner as the Panel thinks fit, a report on—
(a) an inquiry under this Subdivision; or
(b) a complaint that the Panel refused to deal with, or determined to take
no further action on.
(2) The Panel may—
(a) provide a report under
subsection (1)
relating to a member of a council to the council; and
(b) require the report to be considered in public at an ordinary meeting
of the council.
(3) Nothing in this section limits
section 262W
.
Division 3—Miscellaneous
262Y—Referral of complaint to
OPI
(1) If a council or
the Panel reasonably suspects that a complaint before the council or Panel (as
the case may be) under this Part relates to conduct that involves corruption in
public administration within the meaning of the
Independent
Commissioner Against Corruption Act 2012
—
(a) the council or Panel (as the case requires) must refer the complaint
to the Office for Public Integrity to be dealt with under that Act;
and
(b) consideration
of the complaint under this Act is postponed until the Independent Commissioner
Against Corruption notifies the council or Panel (as the case requires) that the
Commissioner considers it appropriate that consideration of the complaint under
this Act continue.
(2) The Independent Commissioner Against Corruption must give the council
or Panel the notification referred to in
subsection (1)(b)
as soon as practicable after conducting the assessment required under
section 23 of the
Independent
Commissioner Against Corruption Act 2012
unless the matter is assessed as raising a potential issue of corruption
in public administration that could be the subject of a prosecution.
127—Amendment
of heading to Chapter 13 Part 1
Heading to Chapter 13 Part 1—delete the heading and
substitute:
Part 1—Member integrity—complaints,
investigations and proceedings
Section 263—delete the section
129—Amendment
of section 263A—Investigations by Ombudsman
(1) Section 263A(1) to (3)—delete "constitute grounds for complaint
under this Act against" wherever occurring and substitute in each
case:
involve a contravention of, or failure to comply with, an integrity
provision by
(2) Section 263A—after subsection (3) insert:
(3a) Subject to
Part A1 Division 3, if a council or the Panel considers that the whole or part
of the subject matter of a complaint before the council or Panel (as the case
may be) under Part A1 relates to conduct that involves a contravention of,
or failure to comply with, an integrity provision by a member of a
council—
(a) the council or Panel (as the case requires) must refer the subject
matter (or relevant part of the subject matter) of the complaint to the
Ombudsman for investigation and report under the
Ombudsman
Act 1972
; and
(b) consideration
of the subject matter (or relevant part of the subject matter) of the complaint
under Part A1 is postponed until the Ombudsman notifies the council or
Panel (as the case requires) that the Ombudsman considers it appropriate that
consideration of it under Part A1 continue.
(3b) If the Ombudsman considers that whole or part of the subject matter
of a complaint before the Ombudsman relates to conduct that involves a
contravention of, or failure to comply with, Chapter 5 Part 4
Division 2 by a member of a council (other than a contravention or failure
to comply that constitutes misbehaviour, repeated misbehaviour or serious
misbehaviour (within the meaning of Part A1 Division 2)), the
Ombudsman may refer the subject matter (or relevant part of the subject matter)
of the complaint to the relevant council.
(3) Section 263A(4)—delete "constitute grounds for complaint under
this Act against" and substitute:
involve a contravention of, or failure to comply with, an integrity
provision by
130—Amendment
of section 263B—Outcome of Ombudsman investigation
Section 263B(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) The
recommendations that may be made by the Ombudsman under the
Ombudsman
Act 1972
on the completion of an investigation of the complaint
include—
(a) a recommendation requiring the council to—
(i) reprimand the member (including by means of a public statement);
or
(ii) suspend the member from any office under this Act for a period not
exceeding 3 months, with or without an allowance (as determined by the
Ombudsman); or
(iii) ensure that a complaint is lodged against the member with SACAT;
or
(b) a recommendation requiring the member to—
(i) issue a public apology (in a manner determined by the Ombudsman);
or
(ii) attend a specified course of training or instruction; or
(iii) take other steps; or
(iv) reimburse the council a specified amount (which may include the
reimbursement of the council's costs relating to investigation of the complaint
and giving effect to a recommendation of the Ombudsman under this
section).
(2) If a member of a council fails to comply with a recommendation of the
Ombudsman requiring the member to take action under
subsection (1)
, the member will be taken to have failed to comply with an integrity
provision and the council is to ensure that a complaint is lodged against the
member with SACAT.
131—Amendment
of section 264—Complaint lodged with SACAT
(1) Section 264—before subsection (1) insert:
(a1) A complaint against a member of a council may be lodged with SACAT
under this section on the ground—
(a) that the member has contravened or failed to comply with an integrity
provision; or
(b) of alleged misbehaviour, repeated misbehaviour or serious misbehaviour
by the member (within the meaning of Part A1 Division 2); or
(c) that the member has contravened or failed to comply
with—
(i) a recommendation of the Ombudsman requiring the member to take action
under section 263A(1); or
(ii) an order of the Panel requiring the member to take action under
section 262W(1).
(2) Section 264(1)—delete "setting out the matters that are alleged
to constitute the grounds for complaint against a member of a council under this
Part" and substitute:
on a ground referred to in subsection (a1)
(3) Section 264(2)—after "complaint" insert:
on the ground set out in subsection (a1)(a)
(4) Section 264—after subsection (2) insert:
(2a) In addition, a complaint may not be lodged by the chief executive
officer of a council on the ground set out in subsection (a1)(b) unless the
matter has been inquired into by the Panel.
132—Amendment
of section 265—Hearing by SACAT
Section 265(1)—delete "the matters alleged in the complaint
constitute grounds for action against the member of the council under this Part"
and substitute:
a ground on which the complaint was lodged exists
133—Amendment
of section 267—Outcome of proceedings
(1) Section 267(1)—delete "the grounds for complaint exist" and
substitute:
a ground on which the complaint was lodged exists
(2) Section 267(1)(ba)—after "amount" insert:
(which may include the reimbursement of the council's costs relating to
investigation of the complaint and giving effect to an order under this
section)
(3) Section 267(1)(c)—delete "$5 000" and substitute:
$15 000
(4) Section 267(1)(d)—delete "two months" and substitute:
6 months
Section 269—delete the section
135—Amendment
of section 270—Procedures for review of decisions and requests for
services
(1) Section 270—after subsection (2) insert:
(2a) In addition, the procedures must provide that—
(a) an application for review must be made within 6 months of the
making of the decision of which review is sought (the reviewable
decision); and
(b) the council may allow an application to be made more than
6 months after the making of the reviewable decision in appropriate
cases.
(2) Section 270(3)—delete subsection (3) and substitute:
(3) An application
for review must be accompanied by the prescribed fee.
(3a) A council may, as the council thinks fit, reduce, waive or refund (in
whole or part) the fee under
subsection (3)
.
(3) Section 270(4)—after paragraph (c) insert:
or
(d) the council or person (as the case requires) is satisfied that the
subject matter of the application has been or is already the subject of a review
by the council or an investigation, inquiry or review by another
authority.
(4) Section 270(4a)—delete subsection (4a) and substitute:
(4a) The policies,
practices and procedures established under this section—
(a) must not provide for a review of a decision of a council to refuse to
deal with, or determine to take no further action in relation to, a complaint
under Part A1 Division 1 by a person who is dissatisfied with the
decision; and
(b) must be consistent with any requirement prescribed by the
regulations.
(5) Section 270(5)—delete subsection (5)
136—Amendment
of section 273—Action on report
(1) Section 273(1)—after paragraph (c) insert:
or
(d) a report of the designated authority under section 123;
or
(e) a report of the Small Business Commissioner under section 225B;
or
(f) a report of the Behavioural Standards Panel under section 262W;
or
(g) a report of a person who held an appointment as administrator of a
defaulting council under this section provided to the Minister on, or within
6 months after, the cessation of the period of administration of the
council,
(2) Section 273(2)—delete "The" and substitute:
Subject to subsection (2a), the
(3) Section 273(2)(b)(iv)—delete "or the Ombudsman" and
substitute:
, the Ombudsman or the Small Business Commissioner
(4) Section 273(2)(b)—after subparagraph (iv) insert:
(iva) that a council has failed to respond appropriately to advice from
the designated authority under section 123; or
(ivb) that a council has failed to comply with a direction or requirement
of the Panel under section 262W; or
(5) Section 273—after subsection (2) insert:
(2a) The only
action that the Minister may take under subsection (2) on the basis of a
report of a kind referred to in subsection (1)(g) is action of a kind
referred to in subsection (2)(a).
137—Amendment
of section 279—Service of documents by councils etc
Section 279(1)(e)—delete "by facsimile transmission or"
138—Amendment
of section 280—Service of documents on councils
Section 280(1)(c)—delete "by facsimile transmission or"
139—Amendment
of section 303—Regulations
Section 303(8a)—after "2015" insert:
or the
Statutes
Amendment (Local Government Review) Act 2020
140—Amendment
of Schedule 1A—Implementation of Stormwater Management
Agreement
Schedule 1A, clause 11(8)(b)—delete paragraph (b) and
substitute:
(b) a majority of the board members express their concurrence in the
proposed resolution by letter, email or other written communication setting out
the terms of the resolution.
141—Amendment
of Schedule 2—Provisions applicable to subsidiaries
(1) Schedule 2, clause 3(2)(c)—delete "Chapter 5, Part 4, Division
2" and substitute:
Chapter 5 Part 4 Division 1 Subdivision 2
(2) Schedule 2, clause 5(6)(b)—delete "telex, facsimile transmission
or other written communication, or electronic communication," and
substitute:
email or other written communication
(3) Schedule 2, clause 13(3)—delete "council's audit committee" and
substitute:
relevant audit and risk committee
(4) Schedule 2, clause 19(2)(c)—delete "Chapter 5, Part 4, Division
2" and substitute:
Chapter 5 Part 4 Division 1 Subdivision 2
(5) Schedule 2, clause 21(6)(b)—delete "telex, facsimile
transmission or other written communication, or electronic communication," and
substitute:
email or other written communication
(6) Schedule 2, clause 30(3)—delete "a constituent council's audit
committee" and substitute:
a regional audit and risk committee established by any of the constituent
councils (with 1 or more other councils, whether constituent councils or
otherwise) or a council audit and risk committee established by any of the
constituent councils
142—Amendment
of Schedule 3—Register of Interests—Form of
returns
(1) Schedule 3, clause 1(1), after the definition of beneficial
interest insert:
designated person or entity, in relation to a member of a
council, means—
(a) a member of the member's family; or
(b) a family company of the member; or
(c) a trustee of a family trust of the member;
(2) Schedule 3, clause 1(1), definition of family,
(b)—delete paragraph (b) and substitute:
(b) a child or stepchild of the member;
(3) Schedule 3, clause 1(1), definition of gift—delete
the definition
(4) Schedule 3, clause 1(1), definition of a person related to a
member—delete the definition
(5) Schedule 3, clause 1(1), definition of return
period—delete the definition and substitute:
return period, in relation to a return of a member (other
than a return submitted under section 65(a)), means—
(a) in the case of a member whose last return was the return submitted
under section 65(a)—the period between the date of that return and
30 June next following; or
(b) in the case of any other member—the period of 12 months
expiring on 30 June on or within 60 days after which the return is
required to be submitted;
(6) Schedule 3, clause 1(4)—delete subclause (4)
(7) Schedule 3, clause 2—before subclause (1) insert:
(a1) For the purposes of this Act, a return must be in the form determined
by the Minister.
(8) Schedule 3, clause 2(1)—delete "be in the prescribed form
and"
(9) Schedule 3, clause 2(1)(a)—delete "person related to the member"
and substitute:
designated person or entity in relation to the member
(10) Schedule 3, clause 2(2)—delete "be in the prescribed form
and"
(11) Schedule 3, clause 2(2)(a)—delete "person related to the
member" and substitute:
designated person or entity in relation to the member
(12) Schedule 3, clause 2(2)(c) to (e)—delete paragraphs (c) to (e)
(inclusive)
(13) Schedule 3, clause 2(3)—delete "person related to the member"
wherever occurring and substitute in each case:
designated person or entity in relation to the member
(14) Schedule 3, clause 2(3)(f)—delete "related by blood or marriage
to the member or to" and substitute:
a relative of the member or
(15) Schedule 3, clause 2(3)(g)—delete "related to the member or a
member of the member's family by blood or marriage" and substitute:
a relative of the member or a member of the member's family
(16) Schedule 3, clause 2(7)—delete "person related to the member"
and substitute:
designated person in relation to the member
(17) Schedule 3, clause 2(8)—delete "gift,"
143—Amendment
of Schedule 4—Material to be included in annual report of
council
Schedule 4, clause 1—after paragraph (c) insert:
(d) a report relating to contraventions of Chapter 5 Part 4
Division 2 by members of the council during the relevant financial year
containing the information required by the regulations;
144—Amendment
of Schedule 5—Documents to be made available by
councils
(1) Schedule 5, provisions under the heading "Codes", 1st dot
point—delete "of conduct or codes"
(2) Schedule 5, provisions under the heading "Meeting papers", 3rd
dot point—after "reports" insert:
(including attachments and any information or material referred to in the
documents or reports) supplied
(3) Schedule 5, provisions under the heading "Meeting
papers"—after the 4th dot point insert:
• Schedule of dates, times and places set for meetings of the
council or council committee
(4) Schedule 5—before the heading "Policy and administrative
documents" insert:
Information and briefing session papers
• Record made by council or chief executive officer relating to an
order under section 90(2) (in accordance with section 90A(4)) made at
or in relation to an information or briefing session
(5) Schedule 5, provisions under the heading "Policy and administrative
documents", 11th dot point—delete the 11th dot point and
substitute:
• Community engagement policies
• Behavioural management policies
• Behavioural support policies
• Employee behavioural standards
(6) Schedule 5, provisions under the heading "Registers and
Returns", 1st dot point—delete "Division 2" and substitute:
Division 1 Subdivision 2
145—Amendment
of Schedule 8—Provisions relating to specific land
Schedule 8, clause 13(5), definition of Gawler Park Lands and Pioneer
Park—delete the definition and substitute:
Gawler Park Lands means the whole of the land comprised in
Certificate of Title Register Book Volume 6182 Folio 891;
Pioneer Park means the whole of the land comprised in
Certificate of Title Register Book Volume 5846 Folio 672 and Volume 5846 Folio
673.
After Schedule 8 insert:
Schedule 9—Suspension of
members
1—Suspension of members
(1) This clause applies to a member of a council who is suspended from the
office of member of the council—
(a) by SACAT or the Behavioural Standards Panel; or
(b) by the council in accordance with a recommendation of the Ombudsman
under section 263B; or
(c) under section 68, 80A, 80B or 273(8); or
(d) under another provision of this Act prescribed by the
regulations.
(2) Subject to this
clause, the following provisions apply during the period of suspension of a
member of a council to whom this clause applies:
(a) the suspension extends to all other offices held in the member's
capacity as a member of the council or by virtue of being a member of the
council;
(b) the member must not
use or retain a facility or service provided by the council (not being a
facility or service generally provided to members of the public by the
council);
(c) the member must not
carry out any function or duty of the office of member of the council;
(d) the member must not be given access by the council to information,
documents or materials related to the performance or discharge of the functions
or duties of members of the council (not being information, documents or
materials generally provided to members of the public by the council);
(e) the member is not
required—
(i) to submit a return for the purposes of the Register of Interests in
accordance with Chapter 5 Part 4 Division 1 Subdivision 2;
or
(ii) if relevant, to notify the chief executive officer of a change or
variation of a kind referred to in section 67(1),
provided that, on the cessation of the suspension, the
member—
(iii) submits any return for the purposes of the Register of Interests
that the member would, but for the suspension, have been required to submit in
accordance with Chapter 5 Part 4 Division 1 Subdivision 2
during the period of suspension; and
(iv) notifies the chief executive officer of a change or variation of a
kind referred to in section 67(1) of which the member would, but for the
suspension, have been required to notify the chief executive officer under
section 67(1) during the period of suspension;
(f) to avoid doubt, section 54(1)(d) does not apply to the
member.
(3) In addition, the regulations may modify the application of a provision
of this Act (including this Schedule) in relation to the suspension of a member
of a council to whom this clause applies.
(4)
Subclause (2)(e)
does not affect the obligation of a member of a council who is suspended
from the office of member of the council by operation of section 68(1a) to
submit to the chief executive officer the return that the member failed to
submit under section 68(1a).
(5) A member of a council to whom this clause applies must not contravene
or fail to comply with
subclause (2)(b)
or
(c)
.
(6) Nothing in this clause affects the operation of
section 273(8a).
(1) A council (other than a council within the ambit of
section 11A(2)(a) of the principal Act (as inserted by this Act)) with more
than 12 members must conduct a review of its composition under
Chapter 3 Part 1 of the principal Act so as to ensure that the
reduction in the composition (and changes to wards) of the council required by
section 11A takes effect on or before the date of the second periodic
election of the council after the commencement of section 11A.
(2) Section 51 of
the principal Act (as amended by
section 18
of this Act) applies to a council from—
(a) in the case of
a council that commences a representation review in accordance with
section 12 of the principal Act after the commencement of
section 18
of this Act and completes the review before
1 January 2022—polling day for the periodic election next due to
be held after the commencement of
section 18
; or
(b) in any other case—polling day for the second periodic election
due to be held after the commencement of
section 18
.
(3) A reference to completing a review under
subsection (2)(a)
includes (if relevant) publishing any notice or notices in the Gazette
under section 12(15)(b) in relation to the review.
(4) A council (other than a council within the ambit of
subsection (2)(a)
) constituted on the basis that the principal member is to be chosen by the
members of the council from amongst their own number must conduct a review of
its composition under Chapter 3 Part 1 of the principal Act so as to
ensure that the appointment or election of a mayor required by
section 51(1) of that Act (as amended by
section 18
of this Act) takes effect on or before the date of the second periodic
election of the council after the commencement of this section.
(5) The remuneration of a chief executive officer holding office on the
commencement of section 99A of the principal Act (as inserted by this Act)
is not affected during the term of that office by a determination under
section 99A.
(6) The principal Act (as in force immediately before the commencement of
this subsection) continues to apply to a contravention of, or failure to comply
with, the principal Act constituting grounds for complaint against a member of a
council under Chapter 13 Part 1 of the principal Act (as in force
immediately before the commencement of this subsection) committed or alleged to
have been committed before that commencement.
(7) Section 110 of the principal Act (as in force immediately before the
commencement of this subsection) continues to apply to a contravention of, or
failure to comply with, the code of conduct to be observed by employees of
councils committed or alleged to have been committed before that
commencement.
(8) In this section—
principal Act means the
Local
Government Act 1999
.
Part 3—Amendment
of Local Government (Elections)
Act 1999
148—Amendment
of section 4—Preliminary
Section 4(1), definition of public notice—delete the
definition and substitute:
public notice—see
Local
Government Act 1999
(section 4(1aa));
Section 5—delete the section and substitute:
5—Periodic elections
Elections to determine the membership of each council must be held in
accordance with this Act at intervals of 4 years on the basis that voting
at the elections will close at 5 pm on the second to last business day
before the second Saturday of November in 2022, at 5 pm on the second to
last business day before the second Saturday of November in 2026, and so
on.
150—Amendment
of section 6—Supplementary elections
(1) Section 6(2)(a)—delete paragraph (a) and substitute:
(a) the vacancy occurs within 12 months before polling day
for—
(i) a periodic election; or
(ii) a general election (other than a periodic election) if the date of
that polling day is known at the time of the occurrence of the vacancy;
or
(2) Section 6(2)(b)(iii)—delete subparagraph (iii) and
substitute:
(iii) —
(A) if the council has 9 or more offices (excluding the office of
mayor)—there is no more than 1 other vacancy in the office of a member of
the council; or
(B) in any other case—there is no other vacancy in the office of a
member of the council; and
(3) Section 6(2)(b)(iv)—after "council" insert:
at the time the vacancy occurs
(4) Section 6(2)(b)(iv)—after "vacancy" insert:
or vacancies
(5) Section 6(2)—after paragraph (b) insert:
or
(c) the vacancy—
(i) is for an office of a member of the council, other
than—
(A) mayor; or
(B) a member who was declared elected under section 25(1);
and
(ii) occurs within 12 months after the conclusion of a periodic
election (and can be filled in accordance with section 6A).
(6) Section 6(3)(a)—delete "a vacancy has" and substitute:
1 or more vacancies have
(7) Section 6(3)(c)—delete paragraph (c) and substitute:
(c) the other vacancy has not occurred within 12 months before
polling day for—
(i) a periodic election; or
(ii) a general election (other than a periodic election) if the date of
that polling day is known at the time of the occurrence of the
vacancy,
(8) Section 6(7) and (8)—delete subsections (7)
and (8) and substitute:
(7) A notice under subsection (6) must also fix—
(a) a day for the close of the voters roll for the purposes of the
election (the closing date); and
(b) the time at which voting at the election will close on polling
day.
After section 6 insert:
6A—Filling vacancy in certain
circumstances
(a) a casual vacancy has occurred; and
(b) a supplementary election is not to be held by virtue of the operation
of section 6(2)(c),
the vacancy will be filled in accordance with this section.
(2) For the
purposes of
subsection (1)
—
(a) the returning officer must, in accordance with the regulations,
determine the candidate in the most recent election for the relevant office to
fill the vacancy (a successful candidate); and
(b) the returning officer must ascertain (in such manner as the returning
officer thinks fit) whether the candidate who becomes a successful
candidate—
(i) is still willing to be elected to the relevant office; and
(ii) is still eligible to be elected to the relevant office; and
(i) if the person
then indicates to the returning officer (within 1 month) that they are so
willing and eligible, the returning officer will declare the person elected;
or
(ii) if the person then indicates to the returning officer (within
1 month) that they are not willing or eligible, or the person does not
respond to the returning officer within 1 month, the returning officer must
determine the next successful candidate in accordance with the regulations and
so on until the vacancy is filled or there are no candidates still willing and
eligible to be elected to the relevant office.
152—Amendment
of section 7—Failure of election in certain cases
(1) Section 7(3)(a)—delete paragraph (a) and substitute:
(a) between the close of nominations and the close of
voting—
(i) a nominated candidate dies; or
(ii) a nominated candidate becomes ineligible to be a candidate for
election as a member of a council in accordance with section 17;
and
(2) Section 7(4)—after "die" insert:
or become ineligible to be candidates for election as members of a council
in accordance with section 17
153—Amendment
of section 9—Council may hold polls
(1) Section 9(3)—delete subsection (3) and
substitute:
(3) The council must fix a day as polling day for the poll by notice
published on the council website.
(2) Section 9(6)(b)—delete "and voting at the election closes at
5 p.m.—at 5 p.m. on polling day" and substitute:
—at the time at which voting at the election closes
154—Amendment
of section 13A—Information, education and publicity for general
election
(1) Section 13A(2)(a)—after "voters roll" insert:
in accordance with the community engagement charter
(2) Section 13A—after subsection (2) insert:
(3) In this section—
community engagement charter—see
Local
Government Act 1999
(section 4(1)).
155—Amendment
of section 15—Voters roll
(1) Section 15(9)(a)—delete "13 weeks" and substitute:
81 days
(2) Section 15(10)—delete "must, within seven days after a closing
date, supply the chief executive officer with a list of the persons who are, as
at the closing date, enrolled (including those provisionally enrolled) as
electors for the House of Assembly in respect of a place of residence within the
area." and substitute:
—
(a) must, within 7 days after a closing date; and
(b) may, at any other time,
supply the chief executive officer with a list of the persons who are, as
at the closing date or relevant time, enrolled (including those provisionally
enrolled) as electors for the House of Assembly in respect of a place of
residence within the area.
(3) Section 15(13), dot point—delete the dot point
(4) Section 15—after subsection (13) insert:
(13a) For the purposes of subsection (13), a voters roll will be
taken to have been brought up-to-date when copies of the roll are available for
public inspection under this section.
(5) Section 15(15)—delete "in printed form" wherever
occurring
(6) Section 15—after subsection (19) insert:
(20) If a copy of the voters roll is provided to a person under this
section, a person who uses that copy of the roll, or information contained in
that copy of the roll, for a purpose other than the distribution of matter
calculated to affect the result of a local government election or a purpose
related to the holding of such an election is guilty of an offence.
Maximum penalty: $10 000.
156—Amendment
of section 17—Entitlement to stand for election
(1) Section 17(1)(a)—delete paragraph (a) and substitute:
(a) the person is an Australian citizen; and
(2) Section 17(1)(b)(ii)—delete "designated person for" and
substitute:
nominee of
(3) Section 17(1)(b)(iii)—delete "designated person for" and
substitute:
nominee of
(4) Section 17(1)(b)(iv)—delete "designated person for" and
substitute:
nominee of
(5) Section 17—after subsection (1) insert:
(2) Subsection (1)(b) operates subject to the following
qualifications:
(a) a nominee of a body corporate must be an officer of the body
corporate;
(b) a nominee of a group must be a member of the group, or an officer of a
body corporate that is a member of the group;
(c) a body corporate or group cannot nominate more than 1 person for
a particular election;
(d) a body corporate or group cannot nominate a person who has not
attained the age of majority.
(6) Section 17(5)—delete subsection (5)
157—Amendment
of section 19A—Publication of candidate profiles
(1) Section 19A(1)—delete subsection (1)
(2) Section 19A(2) and (3)—delete subsections (2) and (3) and
substitute:
(2) The returning officer must, as soon as is reasonably practicable after
the close of nominations (and in any event within 14 days after the close
of nominations), cause each candidate's profile supplied under
section 19(2)(b) to be published, in accordance with any requirements of
the regulations, on the Internet.
(3) Section 19A(4)—delete "his or her statement under subsection
(1)" and substitute:
their profile under section 19(2)(b)
(4) Section 19A(4)—delete "the LGA,"
(5) Section 19A(4)—delete "a statement" and substitute:
a profile
(6) Section 19A(5)—delete subsection (5)
158—Substitution
of section 21
Section 21—delete the section and substitute:
21—Publication etc of valid
nominations
The returning officer must, within 24 hours after the close of
nominations—
(a) provide a council with a list of all valid nominations relevant to the
council's area; and
(b) publish a list of all valid nominations on the Internet.
159—Amendment
of section 27—Publication of electoral material
(1) Section 27(1)(b)—delete "address" and substitute:
prescribed information
(2) Section 27—after subsection (1) insert:
(1a) If—
(a) electoral material is published on the Internet; and
(b) the name and address of the person who authorises publication of the
material is immediately accessible on the Internet by viewers of the material in
accordance with any requirements prescribed by regulation,
that name and address need not be contained in the electoral
material.
(3) Section 27(2)—delete "address" and substitute:
prescribed information
(4) Section 27—after subsection (3) insert:
(4) If electoral material is published on the Internet by a person other
than the person who established or controls the Internet site or other platform
(or the relevant part of it), the person who established or controls the
Internet site or other platform (or the relevant part of it) is not taken to
have published the material or caused the electoral material to be published
unless that person authorised, whether directly or indirectly, the publishing of
the material on the Internet site or other platform.
(5) In this section—
prescribed information means—
(a) if the printer or other person responsible for undertaking production
of the printed electoral material has a physical address—that address;
or
(b) if the printer or other person responsible for undertaking production
of the printed electoral material does not have a physical address—the
email address or website address of the printer or other person.
160—Amendment
of section 28—Publication of misleading material
Section 28—after subsection (1) insert:
(1a) A person (the relevant person) is not taken to have
authorised, caused or permitted the publication of electoral material if it is
published by a person other than the relevant person on an Internet site or
other platform established or controlled (or partly established or controlled)
by the relevant person unless the relevant person authorised, whether directly
or indirectly, the publishing of the material on the Internet site or other
platform.
161—Amendment
of section 29—Ballot papers
Section 29(3)—delete subsection (3) and substitute:
(3) The drawing of lots for the purposes of subsection (2) must be
conducted by the returning officer—
(a) in the case of a periodic election—at 4 pm, or as soon as
is reasonably practicable after 4 pm; or
(b) in any other case—at 12 noon, or as soon as is reasonably
practicable after 12 noon,
on the day of the close of nominations in the presence of 2 persons
who are of or above the age of majority and other persons who may wish to be
present.
162—Amendment
of section 31—Special arrangements for issue of voting
papers
Section 31(1)(a)—delete "personal delivery of voting papers" and
substitute:
delivery of voting papers (whether in printed or electronic form)
163—Amendment
of section 35—Special arrangements for issue of voting
papers
Section 35(a)—delete "personal delivery of voting papers" and
substitute:
delivery of voting papers (whether in printed or electronic form)
164—Substitution
of heading to Part 9
Heading to Part 9—delete the heading and substitute:
Part 9—Voting generally
165—Amendment
of section 37—Postal voting to be used
(1) Section 37(1)—delete "Voting" and substitute:
Subject to section 41A, voting
(2) Section 37(2)(a)—delete "personal delivery" and
substitute:
delivery (whether personal or otherwise)
166—Amendment
of section 38—Notice of use of postal voting
Section 38—delete "21" and substitute:
28
167—Amendment
of section 39—Issue of postal voting papers
(1) Section 39(1)—delete subsection (1) and substitute:
(1) The returning
officer must, as soon as practicable after the twenty eighth day before polling
day, and in any event not later than 21 days before polling day, issue to
every natural person, body corporate or group who or which has their or its name
on the voters roll used for the purposes of the election or poll postal voting
papers consisting of—
(a) a ballot paper (or, in an appropriate case, ballot papers)
authenticated to the satisfaction of the returning officer; and
(b) an opaque envelope bearing a declaration (in a form determined by the
Electoral Commissioner), to be completed by the voter, declaring the voter's
date of birth and—
(i) that the ballot paper contained in the envelope contains their vote;
and
(ii) that they have not already voted at the election or poll;
and
(iii) if the voting papers are issued to a body corporate or
group—that they are eligible to vote and are the designated person for the
body corporate or group.
(2) Section 39(4)—delete subsection (4) and substitute:
(4) Postal voting papers must also be issued to any person, body corporate
or group of persons whose name does not appear on the voters roll but who claims
to be entitled to vote at the election or poll and applies to the returning
officer for voting papers not later than 5 pm on the seventh day before
polling day.
After section 41 insert:
41A—Assisted voting
(1) The regulations
may make provision in relation to voting in an election or poll by prescribed
electors by means of an assisted voting method.
(2) Without
limiting the generality of
subsection (1)
, regulations made for the purposes of this section may—
(a) determine, or provide for the determination of, the
following:
(i) the assisted voting method;
(ii) matters related to voting using the assisted voting method, including
the provision of assistance to electors using the method, requirements to be
followed after an elector has used the method and matters of privacy and
secrecy;
(iii) the number of places where the assisted voting method is to be
available, the location of those places and the days and times at which the
method is to be available;
(iv) which electors may use the assisted voting method; and
(b) require the
making of a record of each person who has voted using the assisted voting
method; and
(c) specify the information that is to be included in a record;
and
(d) provide for the production of a record of the vote each person has
cast, which must not contain any means of identifying the person who cast the
vote; and
(e) provide for the appointment by the returning officer of officers in
relation to the conduct of the assisted voting method; and
(f) provide for the
application of this Act, or provisions of this Act, in relation to votes cast
using the assisted voting method, including the modification of the application
of this Act or a provision of this Act in relation to such votes; and
(g) make provision for any other matters related to assisted
voting.
(3) To avoid doubt, nothing in this section (or in regulations made for
the purposes of this section) authorises any elector to vote in more than
1 capacity at an election or poll.
(4) The prescribed assisted voting method must be such that an elector
using the method in relation to an election or poll—
(a) receives the same information (in the same order), and has the same
voting options, as would appear in the ballot paper for the election or poll
that the elector would be given if the elector were voting by postal vote under
this Part; and
(b) is able to indicate a vote in a way that, if the elector were marking
a ballot paper, would not be an informal ballot paper.
(5) Subject to this section, if an elector votes using the assisted voting
method (an assisted vote)—
(a) this Act applies (subject to any modifications prescribed under
subsection (2)(f)
) in relation to an assisted vote as if it were a vote delivered to an
electoral officer for the relevant council in a sealed envelope; and
(b) the record of the assisted vote produced in accordance with the
regulations is to be taken to be a ballot paper for the purposes of this Act;
and
(c) the requirements of this Act in relation to the elector's right to
receive a ballot paper are to be taken to have been satisfied.
(6) The returning
officer may, by notice in the Gazette, determine that the prescribed assisted
voting method is not to be used either generally or at 1 or more specified
places.
(7) A notice under
subsection (6)
must specify the election or poll in respect of which the determination
applies.
(8) In this section—
prescribed elector means a sight-impaired elector or an
elector of a class prescribed by the regulations for the purposes of this
definition;
sight-impaired elector means an elector whose sight is
impaired such that the elector is unable to vote without assistance.
169—Amendment
of section 43—Issue of fresh postal voting papers
Section 43(4)—delete subsection (4) and substitute:
(4) An application for the issue of fresh voting papers must be received
by the returning officer not later than 5 pm on the seventh day before
polling day.
170—Amendment
of section 47—Arranging postal papers
Section 47(1)—delete subsection (1) and substitute:
(1) The returning officer will—
(a) in the case of a supplementary election or a poll held in conjunction
with a supplementary election—as soon as is practicable after the close of
voting; or
(b) in any other case—on the second day following polling day for
the election or poll (at a time determined to be reasonable by the returning
officer),
with the assistance of any other electoral officers who may be present,
ensure that all voting papers returned for the purposes of the election or poll
in accordance with this Act are made available for the purposes of this
section.
171—Amendment
of section 48—Method of counting and provisional
declarations
(1) Section 48(1)—after "in an election" insert:
to fill more than 1 vacancy
(2) Section 48—after subsection (1) insert:
(1a) The returning officer must, with the assistance of any other
electoral officers who may be present, and in the presence of any scrutineers
who may be present, conduct the counting of the votes in an election to fill
1 vacancy according to the following method:
(a) carry out the step in the method of counting votes referred to in
subsection (1)(a);
(b) if, after the
counting of first preference votes no candidate has received a number of votes
equal to or greater than the quota, the candidate who has received the fewest
first preference votes must be excluded, and each ballot paper counted to that
candidate that expresses the next available preference for a continuing
candidate is to be transferred (at a transfer value of 1) to the continuing
candidate;
(c) if, on the completion of a transfer under
paragraph (b)
, no continuing candidate has received a number of votes equal to or
greater than the quota, the process of excluding the candidate who has the
fewest votes and transferring each ballot paper counted to that candidate that
expresses the next available preference for a continuing candidate in accordance
with
paragraph (b)
is to be repeated until—
(i) 1 continuing candidate has received a number of votes equal to or
greater than the quota; or
(ii) 2 candidates remain, in which case the returning officer must make a
provisional declaration that the continuing candidate who has the larger
number of votes has been elected notwithstanding that that number is below the
quota and, if those candidates have the same number of votes, the candidate with
the larger number of votes at the last preceding count or transfer will be taken
to be elected and, if the number of votes at that count or transfer was equal,
the returning officer must, in the presence of any scrutineers who may be
present, draw lots to determine which of the candidates is to be
elected;
(d) if the candidate who has the fewest votes is required to be excluded
and 2 or more candidates each have the fewest votes, whichever of those
candidates had the fewest votes at the last count or transfer at which each of
those candidates had a different number of votes will be excluded but, if there
has been no such count or transfer, the returning officer must, in the presence
of any scrutineers who may be present, draw lots to determine which candidate
will be excluded;
(e) a ballot paper must be set aside as exhausted where on a transfer it
is found that the paper expresses no preference for any continuing
candidate.
(3) Section 48(2) and (3)—delete "subsection (1)" wherever occurring
and substitute in each case:
subsections (1) and (1a)
(4) Section 48(4)—after "died" insert:
or become ineligible to be a candidate for election as a member of a
council in accordance with section 17
(5) Section 48(4)—after "deceased" insert:
or ineligible
172—Amendment
of section 55A—Filling vacancy if successful candidate
dies
Section 55A(2) to (4)—delete subsections (2) to (4) (inclusive) and
substitute:
(2) In a case where
this section applies—
(a) the returning officer must, in accordance with the regulations,
determine the candidate in the most recent election for the relevant office to
fill the vacancy (a successful candidate); and
(b) the returning officer must ascertain (in such manner as the returning
officer thinks fit) whether the candidate who becomes a successful
candidate—
(i) is still willing to be elected to the relevant office; and
(ii) is still eligible to be elected to the relevant office; and
(i) if the person
then indicates to the returning officer (within 1 month) that they are so
willing and eligible, the returning officer will declare the person elected;
or
(ii) if the person then indicates to the returning officer (within
1 month) that they are not willing or eligible, or the person does not
respond to the returning officer within 1 month, the returning officer must
determine the next successful candidate in accordance with the regulations and
so on until the vacancy is filled or there are no candidates still willing and
eligible to be elected to the relevant office.
173—Amendment
of section 57—Violence, intimidation, bribery etc
Section 57(3), definition of bribe—after
"entertainment" insert:
where the value of the food, drink or entertainment is of or above the
prescribed value.
After section 69 insert:
69A—Electoral Commissioner may lodge
petition
(1) The Electoral Commissioner may lodge a petition in the Court disputing
the validity of an election under this Act if the Electoral Commissioner
considers that it is appropriate to do so on the basis of an error in the
recording, scrutiny, counting or recounting of votes in the election.
(2) Section 70(1)(c) and (2)(b) do not apply to a petition lodged by the
Electoral Commissioner disputing the validity of an election, but such a
petition must be signed by the Electoral Commissioner.
175—Amendment
of section 70—Procedure upon petition
Section 70(1)(b)—delete "to which the petitioner claims to be
entitled" and substitute:
which the petitioner seeks
176—Amendment
of section 73—Illegal practices and orders that may be
made
Section 73—after subsection (4) insert:
(5) An election may be declared void on the ground of the defamation of a
candidate but only if the Court is satisfied, on the balance of probabilities,
that the result of the election was affected by the defamation.
(6) An election may be declared void on the ground of publication of
misleading material but only if the Court is satisfied, on the balance of
probabilities, that the result of the election was affected by the publication
of that material.
177—Substitution
of section 80
Section 80—delete the section and substitute:
80—Returns for candidates
(1) A person who is a candidate for election to an office of a council
must furnish to the returning officer, in accordance with the requirements of
this Part—
(a) a return under section 81 (a campaign donations
return) within 30 days after the conclusion of the election;
and
(b) a return under section 81A (a large gifts return)
within the period applying under section 81A(1).
(2) A return under this Division must be in the form determined by the
returning officer and completed and furnished in the manner determined by the
returning officer.
178—Amendment
of section 81—Campaign donations returns
(1) Section 81(1)—after "this section" insert:
and section 81B
(2) Section 81(1)(e)—delete ", other than a registered industrial
organisation"
(3) Section 81(2)—after paragraph (b) insert:
or
(c) a gift disclosed in a large gifts return under
section 81A.
(4) Section 81(3)—delete subsection (3)
179—Insertion
of sections 81A and 81B
After section 81 insert:
81A—Large gifts returns
(1) If—
(a) a candidate for election to an office of a council receives a gift or
gifts from a person during the disclosure period; and
(b) the total amount or value of the gift or gifts is more than the
prescribed amount,
the candidate must, within the prescribed period, furnish a return to the
returning officer.
(2) A large gifts return must set out—
(a) the amount or value of each gift; and
(b) the date on which each gift was made; and
(c) —
(i) if the gift or gifts were made on behalf of the members of an
unincorporated association—
(A) the name of the association; and
(B) the names and addresses of the members of the executive committee
(however described) of the association; or
(ii) if the gift or gifts were purportedly made out of a trust fund or out
of the funds of a foundation—
(A) the names and addresses of the trustees of the fund or of the funds of
the foundation; and
(B) the title or other description of the trust fund or the name of the
foundation, as the case requires; or
(iii) in any other case—the name and address of the person who made
the gift or gifts.
(3) A large gifts return need not be furnished in respect of a private
gift made to the candidate.
81B—Disclosure period etc for
returns
For the purposes of sections 81 and 81A—
(a) the disclosure period is the period that
commenced—
(i) in relation to a candidate in an election who was a new candidate
(other than a candidate referred to in
subparagraph (ii)
)—on the day on which the person announced that they would be a
candidate in the election or on the day on which the person's nomination as a
candidate was lodged with the returning officer, whichever was the earlier;
or
(ii) in relation to
a candidate in an election who was a new candidate and when they became a
candidate in the election was a member of the council by virtue of having been
appointed under Chapter 3 of the
Local
Government Act 1999
—on the day on which the person was so appointed as a member of the
council; or
(iii) in relation to a candidate in an election who was not a new
candidate—at the end of 21 days after polling day for the last
preceding election in which the person was a candidate,
and that ended, in any of the above cases, at the end of 21 days after
polling day for the election; and
(b) a candidate is a new candidate, in relation to an
election, if the person had not been a candidate in the last general election of
a council and had not been a candidate at a supplementary election held after
the last general election of a council; and
(c) two or more gifts (excluding private gifts) made by the same person to
a candidate during the disclosure period are to be treated as 1 gift;
and
(d) a gift made to a candidate is a private gift if it is
made in a private capacity to the candidate for their personal use and the
candidate has not used, and will not use, the gift solely or substantially for a
purpose related to an election.
180—Amendment
of section 83—Inability to complete return
Section 83(c)—delete "chief executive" and substitute:
returning
181—Amendment
of section 84—Amendment of return
(1) Section 84(1)—delete "chief executive" and substitute:
returning
(2) Section 84(2)(b)—delete "chief executive" and
substitute:
returning
(3) Section 84(3)—delete "chief executive" wherever occurring and
substitute in each case:
returning
182—Amendment
of section 86—Failure to comply with Division
(1) Section 86(1)—delete "chief executive" and substitute:
returning
(2) Section 86(3)—delete "(However, the office of a member of a
council who fails to submit a return may become vacant under Chapter 5
Part 2 of the
Local
Government Act 1999
.)
Note—
The following Note will be inserted at the foot of
section 86(3):
"Note—
The office of a member of a council who fails to submit a return may become
vacant under Chapter 5 Part 2 of the
Local
Government Act 1999
."
183—Amendment
of section 87—Public inspection of returns
(1) Section 87(1) to (4)—delete subsections (1) to (4) (inclusive)
and substitute:
(1) The returning officer must keep at their principal office each return
furnished to the returning officer under Division 1.
(2) The returning officer must—
(a) in the case of a large gifts return—within the prescribed period
after the return is received by the returning officer; and
(b) in any other case—at the end of 8 weeks after the day
before which the return was required to be furnished to the returning
officer,
make a copy of each return available on a website maintained by the
returning officer.
(2) Section 87(5)—delete "chief executive" and substitute:
returning
184—Amendment
of section 89—Requirement to keep proper records
Section 89(2)—delete "chief executive officer of the council" and
substitute:
returning officer
185—Amendment
of section 91A—Conduct of council during election
period
(1) Section 91A—delete subsection (2) and substitute:
(2) Subject to this
section, the caretaker policy must, as a minimum—
(a) prohibit the making of a designated decision; and
(b) prohibit the
use of council resources for the advantage of a particular candidate or group of
candidates,
during the election period.
(2a) Nothing in
subsection (2)(b)
prevents a caretaker policy from allowing the equal use of council
resources by all candidates for election.
(2) Section 91A(8), definition of designated decision,
(d)—delete paragraph (d)
186—Amendment
of section 93—Regulations
Section 93—after subsection (1) insert:
(1a) The regulations may provide that a matter or thing is to be
determined, dispensed with, regulated or prohibited according to the discretion
of the Electoral Commissioner or any prescribed authority.
Part 4—Amendment
of City of Adelaide
Act 1998
187—Amendment
of section 4—Interpretation
Section 4, after the definition of council member
insert:
default person, in respect of a body corporate or group,
means an eligible person who has been nominated by the chief executive officer
under Schedule 1 clause 3B(1) to vote on behalf of the body corporate
or group in an election or poll;
eligible person, in respect of a body corporate or group,
means a natural person, of or above the age of majority, who is—
(a) in the case of a body corporate—an officer of the body corporate
who is authorised to act on behalf of the body corporate for the purposes of
voting; or
(b) in the case of a group—a member of the group, or an officer of a
body corporate that is a member of the group, who is authorised to act on behalf
of the group for the purposes of voting,
and who is not already on the voters roll or otherwise entitled to be
enrolled on the voters roll;
nominated person, in respect of a body corporate or group,
means an eligible person who has been nominated by the body corporate or group
under Schedule 1 clause 3A(3) or 3C(2) to vote on behalf of the
body corporate or group in an election or poll.
188—Amendment
of section 20—Constitution of Council
Section 20(3)—delete subsection (3)
189—Amendment
of section 21—Lord Mayor
(1) Section 21—after "Lord Mayor" first occurring insert:
as leader of the council
(2) Section 21(a) and (b)—delete paragraphs (a) and (b) and
substitute:
(a) as the principal member of the Council—
(i) to provide leadership and guidance to the Council; and
(ii) to lead the promotion of positive and constructive working
relationships among members of the council; and
(iii) to provide guidance to council members on the performance of their
role, including on the exercise and performance of their official functions and
duties; and
(iv) to support council members' understanding of the separation of
responsibilities between elected representatives and employees of the council;
and
(v) to preside at meetings of the Council; and
(vi) to advise the chief executive officer on the implementation of
decisions of the Council between Council meetings (as necessary); and
(vii) to act as the principal spokesperson of the Council; and
(viii) to exercise other functions of the Council as the Council
determines; and
(b) as the principal elected member of the Council representing the
capital city of South Australia—
(i) to provide leadership and guidance to the City of Adelaide community;
and
(ii) to participate in the maintenance of inter-governmental relationships
at regional, State and national levels; and
(iii) to carry out civic and ceremonial duties associated with the office
of Lord Mayor.
190—Amendment
of section 22—Members
Section 22(1)(a)—delete paragraph (a) and substitute:
(a) as a member of the governing body of the Council—
(i) to act with integrity; and
(ii) to ensure positive and constructive working relationships within the
Council; and
(iii) to recognise and support the role of the Lord Mayor under the Act;
and
(iv) to develop skills relevant to the role of a member of the Council and
the functions of the Council as a body; and
(v) to participate in the deliberations and activities of the Council;
and
(vi) to provide community leadership and guidance to the City of Adelaide
community and to participate in achieving a vision for the desired future of the
City through the formulation of strategic plans and policies; and
(vii) to keep the Council's goals and policies under review to ensure that
they are appropriate and effective; and
(viii) to keep the Council's resource allocation, expenditure and
activities, and the efficiency and effectiveness of its service delivery, under
review; and
(ix) to participate in setting and assessing performance standards to be
met under the Council's contract with the chief executive officer; and
(x) to serve the overall public interest of the City of Adelaide;
and
191—Amendment
of Schedule 1—Special provisions for elections and
polls
(1) Schedule 1, clause 3(2)(a) and (b)—delete paragraphs (a) and (b)
and substitute:
(a) in the case of a natural person—the full name of the person and
the address of the person's place of residence; and
(b) in the case of a body corporate or group—
(i) the full name of the body corporate or group; and
(ii) —
(A) if the body corporate or group has nominated an eligible person under
clause 3A(3) or 3C(2)—the full name and date of birth of the
nominated person for the body corporate or group; or
(B) if a default person has been nominated for the body corporate or group
under clause 3B(1)—the full name and date of birth of the default
person for the body corporate or group; and
(2) Schedule 1, clause 3—after subclause (2) insert:
(2a) The chief executive officer must redact the full name and date of
birth of a default person for a body corporate or group from any copy of the
voters roll available for inspection by the public or provided to any person
(other than a copy of the voters roll supplied to the returning officer in
accordance with subclause (16)).
(3) Schedule 1, clause 3(9)(a)—delete "13 weeks" and
substitute:
81 days
(4) Schedule 1, clause 3(10)—delete "must, within 7 days after a
closing date, supply the chief executive officer with a list of the persons who
are, as at the closing date, enrolled (including those provisionally enrolled)
as electors for the House of Assembly in respect of a place of residence within
the area." and substitute:
—
(a) must, within 7 days after a closing date; and
(b) may, at any other time,
supply the chief executive officer with a list of the persons who are, as
at the closing date or relevant time, enrolled (including those provisionally
enrolled) as electors for the House of Assembly in respect of a place of
residence within the area.
(5) Schedule 1, clause 3(13), dot point—delete the dot
point
(6) Schedule 1, clause 3—after subclause (13) insert:
(13a) For the purposes of subclause (13), a voters roll will be taken to
have been brought up-to-date when copies of the roll are available for public
inspection under this clause.
(7) Schedule 1, clause 3(15)—delete "in printed form" wherever
occurring
(8) Schedule 1, clause 3—after subclause (19) insert:
(20) If a copy of the voters roll is provided to a person under this
clause, a person who uses that copy of the roll, or information contained in
that copy of the roll, for a purpose other than the distribution of matter
calculated to affect the result of a local government election or a purpose
related to the holding of such an election is guilty of an offence.
Maximum penalty: $10 000.
(9) Schedule 1—after clause 3 insert:
3A—Nominating person to vote on behalf of body
corporate or group
(1) The chief
executive officer must, by notice in writing to each body corporate and group on
the voters roll, request that the body corporate or group nominate, in the form
determined by the Electoral Commissioner (the nomination form), an
eligible person to vote on its behalf.
(2) The notice in
subclause (1)
must—
(a) be issued to each body corporate or group—
(i) in the case of a periodic election—not later than 7 weeks
before the relevant closing date; or
(ii) in the case of any other election, or a poll—not later than
4 weeks before the relevant closing date; and
(b) enclose the nomination form.
(3) A body
corporate or group may nominate an eligible person to vote on its behalf by
providing the completed nomination form to the chief executive officer by the
relevant closing date.
3B—Nominating default person to vote on behalf of
body corporate or group
(1) If the chief
executive officer has not received a nomination under
clause 3A(3)
by the relevant closing date, or the person nominated is not an eligible
person, the chief executive officer must—
(a) in the case of a body corporate—nominate the first officer of
the body corporate (to be taken alphabetically); or
(b) in the case of a group—nominate the first member of the group or
officer of a body corporate that is a member of the group (to be taken
alphabetically) (as the chief executive officer thinks fit),
to vote on behalf of the body corporate or group (a default
person).
(2) Despite
subclause (1)
, the chief executive officer must not nominate a person under that
subclause if the person is already on the voters roll or otherwise entitled to
be enrolled on the voters roll.
(3) For the purposes of
subclause (1)
, the chief executive officer may—
(a) in the case of a body corporate (including a body corporate that is a
member of a group)—use the most recent information that is available after
the relevant closing date from the Australian Securities and Investments
Commission concerning the name and age of the persons specified in that
subclause; or
(b) in the case of a group—use the most recent information held by
the council after the relevant closing date concerning the name and age of the
persons specified in that subclause.
3C—Notice of default person and further nomination
of person to vote on behalf of body corporate or group
(1) The chief executive officer must, within 14 days after the
relevant closing date, give notice in writing to each body corporate or group
enrolled on the voters roll in respect of which there is no nominated
person—
(a) if a default person has been nominated by the chief executive officer
under
clause 3B(1)
—of the name of the default person; or
(b) if a default person has not been nominated—that no default
person has been nominated,
and of the option for the body corporate or group to nominate an eligible
person (if any) in the form determined by the Electoral Commissioner (the
nomination form) and within the prescribed period.
(2) A body
corporate or group may nominate an eligible person to vote on its behalf by
providing the completed nomination form to the chief executive officer within
the prescribed period.
(3) If the chief executive officer does not receive a nomination from the
body corporate or group within the prescribed period, or receives a nomination
but the person nominated is not an eligible person—
(a) where a default person has been nominated under
clause 3B(1)
—the default person remains the person nominated to vote on behalf of
the body corporate or group; or
(b) where a default person has not been nominated—no person is
nominated to vote on behalf of the body corporate or group (and ballot papers
will not be issued to the body corporate or group under
clause 18).
(4) In this clause—
prescribed period means 21 days after the relevant closing
date.
(10) Schedule 1, clause 4(3) to (5)—delete subclauses (3) to (5)
(inclusive) and substitute:
(3) A natural person is entitled to vote at an election or poll for a body
corporate or group which has its name on the voters roll if—
(a) the natural person is the nominated person on the voters roll for the
body corporate or group; or
(b) the natural person is the default person on the voters roll for the
body corporate or group.
(11) Schedule 1, clause 5(1)(a)—delete paragraph (a) and
substitute:
(a) the person is an Australian citizen; and
(12) Schedule 1, clause 5(5)—delete subclause (5)
(13) Schedule 1, clause 18(1)—delete subclause (1) and
substitute:
(1) Subject to subclause (1a), the returning officer must, as soon as
practicable after the twenty eighth day before polling day, and in any event not
later than 21 days before polling day, issue to every natural person, body
corporate or group who or which has their or its name on the voters roll used
for the purposes of the election or poll postal voting papers consisting
of—
(a) a ballot paper (or, in an appropriate case, ballot papers)
authenticated to the satisfaction of the returning officer; and
(b) an opaque envelope bearing a declaration (in a form determined by the
Electoral Commissioner), to be completed by the voter, declaring the voter's
date of birth and—
(i) that the ballot paper contained in the envelope contains their vote;
and
(ii) that they have not already voted at the election or poll;
and
(iii) if the voting papers are issued to a body corporate or
group—
(A) the voter's full name; and
(B) that the voter is the nominated person or default person for the body
corporate or group.
(1a) Postal voting papers must not be issued under this clause to a body
corporate or group which has its name on the voters roll for the election or
poll if there is no nominated person or default person for the body corporate or
group.
(14) Schedule 1, clause 18(4)—delete subclause (4) and
substitute:
(4) Postal voting papers must also be issued to any person, body corporate
or group of persons whose name does not appear on the voters roll but who claims
to be entitled to vote at the election or poll and applies to the returning
officer for voting papers not later than 5 pm on the seventh day before
polling day.
(15) Schedule 1, clause 18(7)—delete "Postal" and
substitute:
Subject to subclause (1a), postal
(16) Schedule 1, clause 19(2)(a)(iii)—delete "voting on behalf of a
body corporate or group of persons in accordance with this Schedule" and
substitute:
the nominated person or default person for a body corporate or
group
(17) Schedule 1, clause 19(2)(a)(iv)—delete subparagraph
(iv)
(18) Schedule 1, clause 23—delete the clause and
substitute:
23—Returns for candidates
(1) A person who is a candidate for election to an office of the Adelaide
City Council must furnish to the returning officer, in accordance with the
requirements of this Part—
(a) within 30 days after the conclusion of the election—
(i) a campaign donations return under this Division; and
(ii) a campaign expenditure return under this Division; and
(b) within the period applying under clause 24A(1)—a large
gifts return under this Division.
(2) A return under this Division must be in the form determined by the
returning officer and completed and furnished in the manner determined by the
returning officer.
(19) Schedule 1, clause 24(1)—after "this clause" insert:
and clause 24B
(20) Schedule 1, clause 24(1)(e)—delete ", other than a registered
industrial organisation"
(21) Schedule 1, clause 24(2)—after paragraph (b) insert:
or
(c) a gift disclosed in a large gifts return under
clause 24A.
(22) Schedule 1, clause 24(3)—delete subclause (3)
(23) Schedule 1—after clause 24 insert:
24A—Large gifts returns
(1) If—
(a) a candidate for election to an office of the Adelaide City Council
receives a gift or gifts from a person during the disclosure period;
and
(b) the total amount or value of the gift or gifts is more than the
prescribed amount,
the candidate must, within the prescribed period, furnish a return to the
returning officer.
(2) A large gifts return must set out—
(a) the amount or value of each gift; and
(b) the date on which each gift was made; and
(c) —
(i) if the gift or gifts were made on behalf of the members of an
unincorporated association—
(A) the name of the association; and
(B) the names and addresses of the members of the executive committee
(however described) of the association; or
(ii) if the gift or gifts were purportedly made out of a trust fund or out
of the funds of a foundation—
(A) the names and addresses of the trustees of the fund or of the funds of
the foundation; and
(B) the title or other description of the trust fund or the name of the
foundation, as the case requires; or
(iii) in any other case—the name and address of the person who made
the gift or gifts.
(3) A large gifts return need not be furnished in respect of a private
gift made to the candidate.
24B—Disclosure period etc for
returns
For the purposes of clauses 24 and 24A—
(a) the disclosure period is the period that
commenced—
(i) in relation to a candidate in an election who was a new candidate
(other than a candidate referred to in
subparagraph (ii)
)—12 months before polling day for the election; or
(ii) in relation to
a candidate in an election who was a new candidate and when they became a
candidate in the election was a member of the Council by virtue of having been
appointed under the
Local
Government Act 1999
—on the day on which the person was so appointed as a member of the
Council; or
(iii) in relation to a candidate in an election who was not a new
candidate—at the end of 21 days after polling day for the last
preceding election in which the person was a candidate,
and that ended, in any of the above cases, at the end of 21 days after
polling day for the election; and
(b) a candidate is a new candidate, in relation to an
election, if the person had not been a candidate in the last general election of
a council and had not been a candidate at a supplementary election held after
the last general election of a council; and
(c) 2 or more gifts (excluding private gifts) made by the same person to a
candidate during the disclosure period are to be treated as 1 gift;
and
(d) a gift made to a candidate is a private gift if it is
made in a private capacity to the candidate for their personal use and the
candidate has not used, and will not use, the gift solely or substantially for a
purpose related to an election.
(24) Schedule 1, clause 27(c)—delete "chief executive" and
substitute:
returning
(25) Schedule 1, clause 28(1)—delete "chief executive" and
substitute:
returning
(26) Schedule 1, clause 28(2)(b)—delete "chief executive" and
substitute:
returning
(27) Schedule 1, clause 28(3)—delete "chief executive" wherever
occurring and substitute in each case:
returning
(28) Schedule 1, clause 30(1)—delete "chief executive" and
substitute:
returning
Note—
The following Note will be inserted at the foot of
clause 30(3):
"Note—
The office of a member of a council who fails to submit a return may become
vacant under Chapter 5 Part 2 of the
Local
Government Act 1999
."
(29) Schedule 1, clause 31(1) to (4)—delete subclauses (1) to (4)
(inclusive) and substitute:
(1) The returning officer must keep at their principal office each return
furnished to the returning officer under Division 2.
(2) The returning officer must—
(a) in the case of a large gifts return—within the prescribed period
after the return is received by the returning officer; and
(b) in any other case—at the end of 8 weeks after the day
before which the return was required to be furnished to the returning
officer,
make a copy of each return available on a website maintained by the
returning officer.
(30) Schedule 1, clause 31(5)—delete "chief executive" and
substitute:
returning
(31) Schedule 1, clause 33(2)—delete "chief executive officer of the
Council" and substitute:
returning officer
Part 5—Amendment
of Crown Land Management
Act 2009
After section 20 insert:
20A—Revocation of dedicated land classified as
community land
If, in relation to dedicated land that is classified as community land
under Chapter 11 Part 1 Division 3 of the
Local
Government Act 1999
(relevant land)—
(a) the dedication of the relevant land is revoked under section 19;
or
(b) the relevant land is withdrawn from the care, control and management
of a council under section 20,
the classification of the relevant land as community land under the
Local
Government Act 1999
is taken to be revoked (and such revocation has effect for the purposes of
the
Local
Government Act 1999
).
Part 6—Amendment
of Equal Opportunity
Act 1984
193—Amendment
of section 87—Sexual harassment
Section 87(6e)—delete "an officer or employee of the council." and
substitute:
—
(a) an officer or employee of the council; or
(b) another member of the council.
Part 7—Amendment
of Planning, Development and Infrastructure
Act 2016
194—Amendment
of section 83—Panels established by joint planning boards or
councils
Section 83—after subsection (2) insert:
(2a) Despite subsection (1)(e), a member of a council appointed as a
member of an assessment panel is not required to disclose their financial
interests in accordance with Schedule 1 while the member holds office as a
member of a council.
195—Amendment
of section 84—Panels established by Minister
Section 84—after subsection (1) insert:
(1a) Despite subsection (1)(f), a member of a council appointed as a
member of an assessment panel is not required to disclose their financial
interests in accordance with Schedule 1 while the member holds office as a
member of a council.
Part 8—Amendment
of Public Finance and Audit
Act 1987
196—Amendment
of section 4—Interpretation
Section 4(1), definition of authorised officer—delete
"or to make an examination" and substitute:
or review, or to make an examination,
197—Amendment
of section 30—Obligation to assist Auditor-General
Section 30—delete "or making an examination" and
substitute:
or review, or making an examination,
198—Amendment
of section 32—Audit etc of publicly funded bodies and projects and local
government indemnity schemes
(1) Section 32(1)—delete subsection (1) and substitute:
(a) audit the accounts of a publicly funded body; or
(b) examine or review the accounts of a publicly funded body; or
(c) review the efficiency, economy and effectiveness of the activities of
a publicly funded body; or
(d) examine or review accounts relating to a publicly funded project and
review the efficiency, economy and effectiveness of the project; or
(e) examine or review accounts relating to a local government indemnity
scheme and review the efficiency, economy and effectiveness of the
scheme.
(2) Section 32(1a)—before "examination" wherever occurring insert in
each case:
audit, review or
(3) Section 32(1b)—before "examination" insert:
audit, review or
(4) Section 32—after subsection (1b) insert:
(1c) A person to
whom information or a document is provided in connection with an audit, review
or examination under this section must not disclose the information or document
except as authorised under
subsection (1d)
.
Maximum penalty: $5 000 or imprisonment for 2 years.
(1d) Information or a
document may be disclosed if—
(a) the disclosure is made with the consent of the person who provided the
information; or
(b) the disclosure is authorised or required under any other Act or law;
or
(c) the disclosure is authorised or required by a court or tribunal
constituted by law; or
(d) the disclosure is authorised by regulation.
(1e) A person to whom a document containing a summary of findings of the
Auditor-General is provided in connection with an audit, review or examination
under this section must not copy or otherwise reproduce the summary (in whole or
part), except—
(a) as is necessary for the purposes of making submissions or comments to
the Auditor-General in relation to the audit, review or examination;
or
(b) as is necessary for the purposes of obtaining legal advice in relation
to the audit, review or examination; or
(c) as otherwise authorised by regulation or by the
Auditor-General.
Maximum penalty: $5 000 or imprisonment for 2 years.
(5) Section 32(2)—delete subsection (2) and substitute:
(a) conducting any audit or making any examination under
subsection (1); or
(b) conducting a review under subsection (1) requested by the
Treasurer or the Independent Commissioner Against Corruption,
the Auditor-General must prepare a report setting out the results of the
audit, review or examination.
(6) Section 32(3)—delete "the report" and substitute:
a report under subsection (2)
(7) Section 32(3)(a) to (c)—before "examination" wherever occurring
insert in each case:
audit, review or
(8) Section 32—after subsection (3) insert:
(4) After conducting a
review of a publicly funded body under subsection (1) (other than a review
requested by the Treasurer or the Independent Commissioner Against Corruption),
the Auditor-General may prepare a report setting out the results of the
review.
(5) The following provisions apply to a report prepared under
subsection (4)
:
(a) the Auditor-General must deliver copies of the report
to—
(i) any publicly funded body concerned in the review; and
(ii) the President of the Legislative Council and the Speaker of the House
of Assembly;
(b) the Auditor-General may deliver copies of the report to any other
person the Auditor-General thinks appropriate;
(c) the Auditor-General may publish a copy of the report in such manner as
the Auditor-General thinks appropriate.
(6) A document or information (including data) may be annexed to a report
under this section either by including a copy of the document or information in
an annexure or by including in an annexure a reference to a website on which the
document or information has been, or will be, published by the
Auditor-General.
199—Amendment
of section 34—Powers of Auditor-General to obtain
information
(1) Section 34(1)—delete "or make an examination" and
substitute:
or review, or make an examination,
(2) Section 34(1)(c) and (d)—after "audit" wherever occurring insert
in each case:
, review
Part 9—Amendment
of South Australian Local Government Grants
Commission Act 1992
200—Amendment
of section 19—Information to be supplied to
Commission
Section 19(3)—delete "Where" and substitute:
Subject to any relevant provision of the Commonwealth Act or an instrument
under that Act, if