Community Services Legislation Amendment Regulation (No. 1) 1996 (Qld)

Queensland Subordinate Legislation 1996 No. 236 Community Services (Aborigines) Act 1984 Community Services (Torres Strait) Act 1984 COMMUNITY SERVICES LEGISLATION AMENDMENT REGULATION (No. 1) 1996 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2—AMENDMENT OF COMMUNITY SERVICES (ABORIGINES) REGULATION 1985 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of s 7 (Composition of Aboriginal council) . . . . . . . . . . . . . . . 5 6 Amendment of s 8 (Qualification to be a member of an Aboriginal council) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Amendment of s 12 (Vacating office of member) . . . . . . . . . . . . . . . . . . . . 6 8 Insertion of new pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 3—ABORIGINAL COUNCIL MEETINGS 17 Post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 17A Agenda of post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 17B Other meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 17C Place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 17D Quorum at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 17E Procedure at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2 Community Services Legislation Amendment (No. 1) No. 236, 1996 17F Minutes must be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 17G Adjournment of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 17H Notice of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 17I Repeal or amendment of resolutions . . . . . . . . . . . . . . . . . . . . . . . . . 9 17J Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 17K Meetings in public unless otherwise resolved . . . . . . . . . . . . . . . . . . 10 17L Closed meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 17M Public notice of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17N Public notice of resolution authorising remuneration etc. . . . . . . . . 11 17O Inspection of records by the public . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 9 Amendment of s 18 (Community funds) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 10 Insertion of new s 18AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 18AA Financial information to be presented to post-election meeting . . . 12 11 Replacement of s 27 (Offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 27 Register of pecuniary interest disclosures . . . . . . . . . . . . . . . . . . . . . 13 27A Transitional provision about disqualifications to be councillor . . . . 13 PART 3—AMENDMENT OF COMMUNITY SERVICES (TORRES STRAIT) REGULATION 1985 12 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 13 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 14 Amendment of s 7 (Composition of Island council) . . . . . . . . . . . . . . . . . . . 14 15 Amendment of s 8 (Qualification to be a member of an Island council) . . 15 16 Amendment of s 12 (Vacating office of member) . . . . . . . . . . . . . . . . . . . . 16 17 Insertion of new pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 PART 2A—ISLAND COUNCIL MEETINGS 16A Post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 16B Agenda of post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 16C Other meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 16D Place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 16E Quorum at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 16F Procedure at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 16G Minutes must be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

3 Community Services Legislation Amendment (No. 1) No. 236, 1996 16H Adjournment of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 16I Notice of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 16J Repeal or amendment of resolutions . . . . . . . . . . . . . . . . . . . . . . . . . 19 16K Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 16L Meetings in public unless otherwise resolved . . . . . . . . . . . . . . . . . . 19 16M Closed meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 16N Public notice of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 16O Public notice of resolution authorising remuneration etc. . . . . . . . . 21 16P Inspection of records by the public . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 18 Amendment of s 18 (Island funds) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 19 Insertion of new s 18AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 18AA Financial information to be presented to post-election meeting . . . 22 20 Replacement of s 27 (Offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 27 Register of pecuniary interest disclosures . . . . . . . . . . . . . . . . . . . . . 22 27A Transitional provision about disqualification to be councillor . . . . . 23

s1 4 s4 Community Services Legislation Amendment No. 236, 1996 (No. 1) PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Community Services Legislation Amendment Regulation (No. 1) 1996 . ˙ Commencement 2. This regulation commences on 1 October 1996. PART 2—AMENDMENT OF COMMUNITY SERVICES (ABORIGINES) REGULATION 1985 ˙ Regulation amended 3. This part amends the CommunityServices(Aborigines)Regulation1985 . ˙ Amendment of s 5 (Interpretation) 4. Section 5— insert— ‘ “conviction” includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded. “pecuniary interest disclosure” means a disclosure made under section 27A 1 of the Act. “post-election meeting” means a meeting held under section 17.’. 1 Section 27A (Disclosure of interests at meetings)

s5 5 s6 Community Services Legislation Amendment No. 236, 1996 (No. 1) ˙ Amendment of s 7 (Composition of Aboriginal council) 5.(1) Section 7(3)— omit. (2) Section 7(4), from ‘pursuant to subsection (3)’ to ‘in subsection (3)’— omit, insert— ‘, the clerk is to preside at a post-election meeting’. (3) Section 7(5), from ‘Where’ to ‘elapsed and’— omit, insert— ‘If, within 21 days after the post-election meeting,’. (4) Section 7— insert— ‘ (9) Subsection (8) has effect despite section 17H(1).’. ˙ Amendment of s 8 (Qualification to be a member of an Aboriginal council) 6.(1) Section 8(1)(c)— omit, insert— ‘(c) is not disqualified under subsection (2), (3) or (4);’. (2) Section 8— insert— ‘ (3) An Aborigine or Islander who has been convicted of an indictable offence under any of the following provisions of the CriminalCode in relation to an Aboriginal or Island council, is not qualified to become a councillor for 5 years after the conviction— • part 3, chapter 13 or 15 • part 6, division 1 • part 6, division 3.

s7 6 s8 Community Services Legislation Amendment No. 236, 1996 (No. 1) ‘ (4) An Aborigine or Islander who has been convicted of an offence against section 27A 2 of the Act is not qualified to become a councillor for 3 years after the conviction. ‘ (5) However, the court that convicts an Aborigine or Islander of an offence mentioned in subsection (4) may, by order, direct the subsection does not apply to the Aborigine or Islander if the court is satisfied it would be just to give the direction.’. ˙ Amendment of s 12 (Vacating office of member) 7.(1) Section 12(c)— omit, insert— ‘(c) the member ceases to be qualified to be nominated as a candidate for election as a councillor; or’. (2) Section 12(h)(ii), ‘responsible for’— omit, insert— ‘whose primary responsibility is’. ˙ Insertion of new pt 3 8. After section 16— insert— ‘ PART 3—ABORIGINAL COUNCIL MEETINGS ˙ ‘ Post-election meetings ‘ 17. An Aboriginal council must hold a meeting within 14 days after the conclusion of the triennial elections and each fresh election of its councillors. 2 Section 27A (Disclosure of interests at meetings)

s8 7 s8 Community Services Legislation Amendment No. 236, 1996 (No. 1) ˙ ‘ Agenda of post-election meetings ‘ 17A. An Aboriginal council must consider the following matters at a post-election meeting— (a) the day and time for holding other meetings; (b) if its chairperson is not directly elected by electors of the trust area—the appointment of its chairperson; (c) the appointment of its deputy chairperson; (d) the document prepared under section 18AA 3 about its financial operations and financial position. ˙ ‘ Other meetings ‘ 17B.(1) Other meetings of an Aboriginal council are to be held at the times and places it decides. ‘ (2) However, it must meet at least once in each period of 3 months. ˙ ‘ Place of meetings ‘ 17C.(1) All meetings of an Aboriginal council must be held at its office. ‘ (2) However, an Aboriginal council may, by resolution, fix another place for a particular meeting. ˙ ‘ Quorum at meetings ‘ 17D.(1) A quorum of an Aboriginal council is a majority of its councillors. ‘ (2) However, if the number of councillors is an even number, one-half of the number is a quorum. 3 Section 18AA (Financial information to be presented to post-election meeting)

s8 8 s8 Community Services Legislation Amendment No. 236, 1996 (No. 1) ˙ ‘ Procedure at meetings ‘ 17E.(1) Business may be conducted at a meeting of an Aboriginal council only if a quorum is present. ‘ (2) At a meeting— (a) voting must be open; and (b) a question is decided by a majority of the votes of the councillors present; and (c) each councillor present has a vote on each question to be decided and, if the votes are equal, the councillor presiding has a casting vote; and (d) if a councillor present fails to vote, the councillor is taken to have voted in the negative. ˙ ‘ Minutes must be kept ‘ 17F.(1) An Aboriginal council must keep minutes of its proceedings. ‘ (2) The minutes must be taken and confirmed under section 17J. ˙ ‘ Adjournment of meetings ‘ 17G.(1) The majority of councillors present at a meeting of an Aboriginal council may adjourn the meeting to a later hour of the same day or to a later day. ‘ (2) If a quorum is not present within 30 minutes after the time appointed for a meeting, the meeting may be adjourned to a later hour or another day within 14 days after the day of adjournment, by— (a) a majority of the councillors present; or (b) if only 1 councillor is present—the councillor; or (c) if no councillors are present—the council’s clerk.

s8 9 s8 Community Services Legislation Amendment No. 236, 1996 (No. 1) ˙ ‘ Notice of meetings ‘ 17H.(1) Notice of each meeting or adjourned meeting of an Aboriginal council must be given to each councillor at least 2 days before the day of the meeting unless it is impracticable to give the notice. ‘ (2) Unless each councillor has agreed in writing that notice of meetings under subsection (1) may be given orally, notice of each meeting must be given in writing. ‘ (3) A notice must state— (a) the day and time of the meeting; and (b) for a special meeting—the object of the meeting. ˙ ‘ Repeal or amendment of resolutions ‘ 17I.(1) A resolution of an Aboriginal council may be repealed or amended only if written notice of intention to propose the repeal or amendment is given to each councillor at least 5 days before the meeting at which the proposal is to be made. ‘ (2) At the meeting to decide the proposal, the proposal is taken to have been defeated unless it is agreed to by— (a) if the number of councillors present at the meeting is more than the number present at the meeting at which the resolution was adopted—a majority of the councillors present; or (b) in any other case—a majority of all councillors. ˙ ‘ Minutes ‘ 17J.(1) The clerk of an Aboriginal council must ensure minutes of each meeting are taken under the supervision of the person presiding at the meeting. ‘ (2) Minutes of each meeting must include— (a) the names of councillors present at the meeting; and (b) if a division is called on a question—the names of all persons voting on the question and how they voted.

s 8 10 s 8 Community Services Legislation Amendment No. 236, 1996 (No. 1) ‘ (3) At each meeting, the minutes of the previous meeting must be— (a) confirmed by the councillors present; and (b) signed by the person presiding at the later meeting. ˙ ‘ Meetings in public unless otherwise resolved ‘ 17K. A meeting is open to the public unless— (a) the Aboriginal council has resolved that the meeting be closed under section 17L(1); or (b) the chairperson of the Aboriginal council closes the meeting under section 17L(3). ˙ ‘ Closed meetings ‘ 17L.(1) An Aboriginal council may resolve that a meeting be closed to the public if its councillors consider it necessary to close the meeting to discuss— (a) the appointment, dismissal or discipline of its employees; or (b) industrial matters affecting its employees; or (c) its budget; or (d) contracts proposed to be made by it; or (e) starting or defending legal proceedings involving it; or (f) other business for which a public discussion would be likely to prejudice the interests of the council or someone else, or enable a person to gain a financial advantage. ‘ (2) A resolution that a meeting be closed must state the nature of the matters to be considered while the meeting is closed. ‘ (3) The chairperson of an Aboriginal council may also close a meeting to the public if the chairperson considers, on reasonable grounds, that members of the public attending the meeting are unduly disrupting proceedings.

s 8 11 s 8 Community Services Legislation Amendment No. 236, 1996 (No. 1) ‘ (4) An Aboriginal council must not make a resolution (other than a procedural resolution) in a closed meeting. ˙ ‘ Public notice of meetings ‘ 17M.(1) An Aboriginal council must display a notice of the days and times when its ordinary meetings will be held— (a) in a conspicuous place in its office; and (b) in another conspicuous place in its area. ‘ (2) The council must immediately notify any change to the days and times for ordinary meetings in the same way as they were previously notified. ‘ (3) A list of the items to be discussed at a meeting must be open to inspection at the time the agenda for the meeting is made available to councillors. ‘ (4) Subsection (3) does not affect the right to discuss or deal with, at any meeting, items arising after the agenda for the meeting is made available to councillors. ˙ ‘ Public notice of resolution authorising remuneration etc. ‘ 17N.(1) A resolution authorising the payment or provision of remuneration to councillors of an Aboriginal council may be passed only if notice has been given of the proposed resolution. ‘ (2) Notice must be given by— (a) displaying at least 21 days before the meeting, a notice setting out the proposed resolution, and the day and time of the proposed meeting, in a conspicuous place in the council’s area; and (b) putting a copy of the notice on display in a conspicuous place in the council’s office on the day on which the notice is displayed under paragraph (a); and (c) keeping the copy of the notice on display until after the meeting.

s 9 12 s 10 Community Services Legislation Amendment No. 236, 1996 (No. 1) ˙ ‘ Inspection of records by the public ‘ 17O.(1) A copy of the minutes of each meeting of an Aboriginal council— (a) must be available for inspection at its office within 21 days after the end of the meeting; and (b) when the minutes have been confirmed—must be available for purchase at the office. ‘ (2) The price of a copy of confirmed minutes must not be more than— (a) the cost to the Aboriginal council of having the copy printed and made available for purchase; and (b) if the copy is supplied to a purchaser by post—the cost of postage.’. ˙ Amendment of s 18 (Community funds) 9. Section 18(4)— insert— ‘(d) an employee of the council authorised by a resolution of the council.’. ˙ Insertion of new s 18AA 10. After section 18A— insert— ˙ ‘ Financial information to be presented to post-election meeting ‘ 18AA.(1) The clerk of an Aboriginal council must, at a post-election meeting, present to the council a document about its financial operations and financial position. ‘ (2) The document must— (a) relate to the council’s financial operations for the previous financial year; and (b) relate to the council’s financial operations for the financial year in

s 11 13 s 11 Community Services Legislation Amendment No. 236, 1996 (No. 1) which the meeting is held to the latest day to which the document can reasonably be compiled; and (c) contain an estimate of the council’s financial operations from the day to which the document is prepared to the end of the financial year in which the meeting is held.’. ˙ Replacement of s 27 (Offences) 11. Section 27— omit, insert— ˙ ‘ Register of pecuniary interest disclosures ‘ 27.(1) The clerk of an Aboriginal council must keep, at the council’s office, a register of pecuniary interest disclosures. ‘ (2) If a councillor makes a pecuniary interest disclosure to a council meeting, the clerk must record particulars of the disclosure in the register within 2 days after the minutes of the meeting are confirmed. ‘ (3) The particulars must be the particulars of the disclosure recorded in the minutes of the meeting. ‘ (4) The council must— (a) keep the register open for inspection by members of the public during office hours on business days; and (b) make copies available for purchase at a price not more than the cost to the council of producing the copy and, if a copy is given to a purchaser by post, the cost of postage. ˙ ‘ Transitional provision about disqualifications to be councillor ‘ 27A. Section 8(3) or (4) does not apply to an Aborigine or Islander for a conviction, before the commencement of this section, of an offence of a type mentioned in the section.’.

s 12 14 s 14 Community Services Legislation Amendment No. 236, 1996 (No. 1) PART 3—AMENDMENT OF COMMUNITY SERVICES (TORRES STRAIT) REGULATION 1985 ˙ Regulation amended 12. This part amends the Community Services (Torres Strait) Regulation1985 . ˙ Amendment of s 5 (Interpretation) 13. Section 5— insert— ‘ “conviction” includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded. “pecuniary interest disclosure” means a disclosure made under section 25A 4 of the Act. “post-election meeting” means a meeting under section 16A.’. ˙ Amendment of s 7 (Composition of Island council) 14.(1) Section 7(3)— omit. (2) Section 7(4), from ‘pursuant to subsection (3)’ to ‘in subsection (3)’— omit, insert— ‘, the clerk is to preside at a post-election meeting’. (3) Section 7(5), from ‘Where’ to ‘elapsed and’— omit, insert— ‘If, within 21 days after the post-election meeting,’. (4) Section 7— 4 Section 25A (Disclosure of interests at meetings)

s 15 15 s 15 Community Services Legislation Amendment No. 236, 1996 (No. 1) insert— ‘ (9) Subsection (8) has effect despite section 16I(1).’. ˙ Amendment of s 8 (Qualification to be a member of an Island council) 15.(1) Section 8(1)(c)— omit, insert— ‘(c) is not disqualified under subsection (2), (3) or (4);’. (2) Section 8(2)(c)— omit. (3) Section 8— insert— ‘ (3) An Islander or Aborigine who has been convicted of an indictable offence under any of the following provisions of the CriminalCode in relation to an Island or Aboriginal council, is not qualified to become a councillor for 5 years after the conviction— • part 3, chapter 13 or 15 • part 6, division 1 • part 6, division 3. ‘ (4) An Islander or Aborigine who has been convicted of an offence against section 25A 5 of the Act is not qualified to become a councillor for 3 years after the conviction. ‘ (5) However, the court that convicts an Islander or Aborigine of an offence mentioned in subsection (4) may, by order, direct the subsection does not apply to the Islander or Aborigine if the court is satisfied it would be just to give the direction.’. 5 Section 25A (Disclosure of interests at meetings)

s 16 16 s 17 Community Services Legislation Amendment No. 236, 1996 (No. 1) ˙ Amendment of s 12 (Vacating office of member) 16.(1) Section 12(c)— omit, insert— ‘(c) the member ceases to be qualified to be nominated as a candidate for election as a councillor; or’. (2) Section 12(h)(ii), ‘responsible for’— omit, insert— ‘whose primary responsibility is’. ˙ Insertion of new pt 2A 17. After section 16— insert— ‘ PART 2A—ISLAND COUNCIL MEETINGS ˙ ‘ Post-election meetings ‘ 16A. An Island council must hold a meeting within 14 days after the conclusion of the triennial elections and each fresh election of its councillors. ˙ ‘ Agenda of post-election meetings ‘ 16B. An Island council must consider the following matters at a post-election meeting— (a) the day and time for holding other meetings; (b) if its chairperson is not directly elected by electors of the trust area—the appointment of its chairperson; (c) the appointment of its deputy chairperson;

s 17 17 s 17 Community Services Legislation Amendment No. 236, 1996 (No. 1) (d) the document prepared under section 18AA 6 about its financial operations and financial position. ˙ ‘ Other meetings ‘ 16C.(1) Other meetings of an Island council are to be held at the times and places it decides. ‘ (2) However, it must meet at least once in each period of 3 months. ˙ ‘ Place of meetings ‘ 16D.(1) All meetings of an Island council must be held at its office. ‘ (2) However, an Island council may, by resolution, fix another place for a particular meeting. ˙ ‘ Quorum at meetings ‘ 16E.(1) A quorum of an Island council is a majority of its councillors. ‘ (2) However, if the number of councillors is an even number, one-half of the number is a quorum. ˙ ‘ Procedure at meetings ‘ 16F.(1) Business may be conducted at a meeting of an Island council only if a quorum is present. ‘ (2) At a meeting— (a) voting must be open; and (b) a question is decided by a majority of the votes of the councillors present; and (c) each councillor present has a vote on each question to be decided and, if the votes are equal, the councillor presiding has a casting vote; and 6 Section 18AA (Financial information to be presented to post-election meeting)

s 17 18 s 17 Community Services Legislation Amendment No. 236, 1996 (No. 1) (d) if a councillor present fails to vote, the councillor is taken to have voted in the negative. ˙ ‘ Minutes must be kept ‘ 16G.(1) An Island council must keep minutes of its proceedings. ‘ (2) The minutes must be taken and confirmed under section 16K. ˙ ‘ Adjournment of meetings ‘ 16H.(1) The majority of councillors present at a meeting of an Island council may adjourn the meeting to a later hour of the same day or to a later day. ‘ (2) If a quorum is not present within 30 minutes after the time appointed for a meeting, the meeting may be adjourned to a later hour or another day within 14 days after the day of adjournment, by— (a) a majority of the councillors present; or (b) if only 1 councillor is present—the councillor; or (c) if no councillors are present—the council’s clerk. ˙ ‘ Notice of meetings ‘ 16I.(1) Notice of each meeting or adjourned meeting of an Island council must be given to each councillor at least 2 days before the day of the meeting unless it is impracticable to give the notice. ‘ (2) Unless each councillor has agreed in writing that notice of meetings under subsection (1) may be given orally, notice of each meeting must be given in writing. ‘ (3) A notice must state— (a) the day and time of the meeting; and (b) for a special meeting—the object of the meeting.

s 17 19 s 17 Community Services Legislation Amendment No. 236, 1996 (No. 1) ˙ ‘ Repeal or amendment of resolutions ‘ 16J.(1) A resolution of an Island council may be repealed or amended only if written notice of intention to propose the repeal or amendment is given to each councillor at least 5 days before the meeting at which the proposal is to be made. ‘ (2) At the meeting to decide the proposal, the proposal is taken to have been defeated unless it is agreed to by— (a) if the number of councillors present at the meeting is more than the number present at the meeting at which the resolution was adopted—a majority of the councillors present; or (b) in any other case—a majority of all councillors. ˙ ‘ Minutes ‘ 16K.(1) The clerk of an Island council must ensure minutes of each meeting are taken under the supervision of the person presiding at the meeting. ‘ (2) Minutes of each meeting must include— (a) the names of councillors present at the meeting; and (b) if a division is called on a question—the names of all persons voting on the question and how they voted. ‘ (3) At each meeting, the minutes of the previous meeting must be— (a) confirmed by the councillors present; and (b) signed by the person presiding at the later meeting. ˙ ‘ Meetings in public unless otherwise resolved ‘ 16L. A meeting is open to the public unless— (a) the Island council has resolved that the meeting be closed under section 16M(1); or (b) the chairperson of the Island council closes the meeting under section 16M(3).

s 17 20 s 17 Community Services Legislation Amendment No. 236, 1996 (No. 1) ˙ ‘ Closed meetings ‘ 16M.(1) An Island council may resolve that a meeting be closed to the public if its councillors consider it necessary to close the meeting to discuss— (a) the appointment, dismissal or discipline of its employees; or (b) industrial matters affecting its employees; or (c) its budget; or (d) contracts proposed to be made by it; or (e) starting or defending legal proceedings involving it; or (f) other business for which a public discussion would be likely to prejudice the interests of the council or someone else, or enable a person to gain a financial advantage. ‘ (2) A resolution that a meeting be closed must state the nature of the matters to be considered while the meeting is closed. ‘ (3) The chairperson of an Island council may also close a meeting to the public if the chairperson considers, on reasonable grounds, that members of the public attending the meeting are unduly disrupting proceedings. ‘ (4) An Island council must not make a resolution (other than a procedural resolution) in a closed meeting. ˙ ‘ Public notice of meetings ‘ 16N.(1) An Island council must display a notice of the days and times when its ordinary meetings will be held— (a) in a conspicuous place in its office; and (b) in another conspicuous place in its area. ‘ (2) The council must immediately notify any change to the days and times for ordinary meetings in the same way as they were previously notified. ‘ (3) A list of the items to be discussed at a meeting must be open to inspection at the time the agenda for the meeting is made available to councillors.

s 17 21 s 17 Community Services Legislation Amendment No. 236, 1996 (No. 1) ‘ (4) Subsection (3) does not affect the right to discuss or deal with, at any meeting, items arising after the agenda for the meeting is made available to councillors. ˙ ‘ Public notice of resolution authorising remuneration etc. ‘ 16O.(1) A resolution authorising the payment or provision of remuneration to councillors of an Island council may be passed only if notice has been given of the proposed resolution. ‘ (2) Notice must be given by— (a) displaying at least 21 days before the meeting, a notice setting out the proposed resolution, and the day and time of the proposed meeting, in a conspicuous place in the council’s area; and (b) putting a copy of the notice on display in a conspicuous place in its office on the day on which the notice is displayed under paragraph (a); and (c) keeping the copy of the notice on display until after the meeting. ˙ ‘ Inspection of records by the public ‘ 16P.(1) A copy of the minutes of each meeting of an Island council— (a) must be available for inspection at its office within 21 days after the end of the meeting; and (b) when the minutes have been confirmed—must be available for purchase at the office. ‘ (2) The price of a copy of confirmed minutes must not be more than— (a) the cost to the Island council of having the copy printed and made available for purchase; and (b) if the copy is supplied to a purchaser by post—the cost of postage.’.

s 18 22 s 20 Community Services Legislation Amendment No. 236, 1996 (No. 1) ˙ Amendment of s 18 (Island funds) 18. Section 18(4)— insert— ‘(d) an employee of the council authorised by a resolution of the council.’. ˙ Insertion of new s 18AA 19. After section 18A— insert— ˙ ‘ Financial information to be presented to post-election meeting ‘ 18AA.(1) The clerk of an Island council must, at a post-election meeting, present to the council a document about its financial operations and financial position. ‘ (2) The document must— (a) relate to the council’s financial operations for the previous financial year; and (b) relate to the council’s financial operations for the financial year in which the meeting is held to the latest day to which the document can reasonably be compiled; and (c) contain an estimate of the council’s financial operations from the day to which the document is prepared to the end of the financial year in which the meeting is held.’. ˙ Replacement of s 27 (Offences) 20. Section 27— omit, insert— ˙ ‘ Register of pecuniary interest disclosures ‘ 27.(1) The clerk of an Island council must keep, at the council’s office, a register of pecuniary interest disclosures. ‘ (2) If a councillor makes a pecuniary interest disclosure to a council

s 20 23 s 20 Community Services Legislation Amendment No. 236, 1996 (No. 1) meeting, the clerk must record particulars of the disclosure in the register within 2 days after the minutes of the meeting are confirmed. ‘ (3) The particulars must be the particulars of the disclosure recorded in the minutes of the meeting. ‘ (4) The council must— (a) keep the register open for inspection by members of the public during office hours on business days; and (b) make copies available for purchase at a price not more than the cost to the council of producing the copy and, if a copy is given to a purchaser by post, the cost of postage. ˙ ‘ Transitional provision about disqualification to be councillor ‘ 27A. Section 8(4) does not apply to an Islander or Aborigine for a conviction, before the commencement of this section, of an offence of a type mentioned in section 8(4).’. ENDNOTES 1. Made by the Governor in Council on 12 September 1996. 2. Notified in the gazette on 13 September 1996. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Families, Youth and Community Care. © State of Queensland 1996