South Australian Numbered Acts South Australian Numbered 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.