South Australian Current Acts South Australian Current Acts41—Council failing to perform a function under Act
(1) If, in the opinion
of the Minister, a council has failed, in whole or in part, to perform a
function conferred on the council under this Act, the Minister may consult
with the council in relation to the matter.
(2) If, after
consulting under subsection (1), the Minister considers that the
council's failure is significant, the Minister may, after consulting with
SAPHC, direct the council to perform a function under this Act.
(3) A direction under
subsection (2)—
(a) must
be in writing; and
(b) must
set out the grounds on which the Minister is acting; and
(c) must
set out the action that the Minister considers should be taken by the council.
(4) The Minister must
cause a copy of the direction to be published in the Gazette within a
reasonable time after it is furnished to the council.
(5) If a council fails
to comply with a direction under this section, the Minister may, by notice
served on the council, withdraw powers of the council under this Act and
transfer them to the Chief Public Health Officer (and any such notice will
have effect according to its terms).
(6) Before taking
action under subsection (5)—
(a) the
Minister must, by notice in writing—
(i)
inform the council of the Minister's proposed course of
action (setting out the grounds on which the action is proposed); and
(ii)
invite the council to make written submissions to the
Minister in relation to the matter within a period specified by the Minister;
and
(b) if
the council so requests in its written submissions to the Minister—the
Minister must discuss the matter with a delegation representing the council;
and
(c) the
Minister must, at such time as the Minister thinks fit, consult with the
Chief Public Health Officer and SAPHC.
(7) The Minister must
cause a copy of the notice under subsection (5) to be published in the
Gazette within a reasonable time after it is served on the council.
(8) A member of the
staff of the council must comply with any request or direction of the Chief
Public Health Officer in or in connection with the exercise of a power
transferred to the Chief Public Health Officer under this section.
(9) Insofar as is
reasonably practicable, the Chief Public Health Officer must give any
direction under subsection (8) through the chief executive officer of the
council.
(10) The
Chief Public Health Officer, or a person acting under the authorisation of the
Chief Public Health Officer, is entitled to make use of the equipment or
facilities of the council, without any other authority, in connection with the
exercise of a power transferred to the Chief Public Health Officer under this
section.
(11) An act of the
Chief Public Health Officer in the exercise of a power transferred to the
Chief Public Health Officer will be taken to be an act of the council.
(12) The
Chief Public Health Officer must, in acting under this section, have due
regard to the role and responsibilities of the council to its community in
other respects.
(13) The Minister may
recover as a debt costs and expenses reasonably incurred in the
Chief Public Health Officer exercising powers under this section from the
council.
(14) The Minister may,
after consultation with the Chief Public Health Officer and SAPHC, by notice
served on the council, vary or revoke a notice under subsection (5).
(15) The Minister must
cause a notice under subsection (14) to be published in the Gazette
within a reasonable time after it is served on the council.
(16) In this
section—
"function" includes a power or duty.