Local Government (Appointment and Performance of General Managers) Order 2024 (TAS)

In the matter of the Local Government (Appointment and Performance of General Managers) Order 2024, the Minister for Local Government has issued an order under the Local Government Act 1993. The order specifies principles and procedures for the selection and performance monitoring of general managers of local councils in Tasmania. The order aims to ensure that the processes for appointing and monitoring general managers are conducted with integrity, accountability, and transparency, while also taking into account the need for fair and equitable treatment of applicants and performance assessments.

The court was required to determine whether the order was consistent with the powers granted under the Local Government Act 1993 and whether it provided adequate guidance to councils on the selection and performance monitoring of general managers. The court considered whether the principles and procedures outlined in the order were appropriate and whether they met the legislative requirements for ensuring the integrity and transparency of the processes.

The court found that the order was consistent with the powers granted under the Local Government Act 1993. The principles governing the selection of general managers, including integrity, accountability, transparency, and fair treatment of applicants, were deemed appropriate. The court also found that the specified matters to be taken into account when selecting or reappointing general managers, such as role descriptions, selection criteria, and performance assessments, were comprehensive and aligned with the legislative requirements. Furthermore, the procedures for appointing general managers, including the composition of selection panels, conflict of interest management, and the role of the mayor, were considered to be adequate for ensuring the integrity of the selection process.

The court concluded that the order provided sufficient guidance to councils on the selection and performance monitoring of general managers. The specified principles and procedures were found to be appropriate and consistent with the legislative framework. The court determined that the order effectively addressed the need for transparent, accountable, and fair processes in the appointment and performance monitoring of general managers.

The order is effective from the date of its notification in the Gazette. The Local Government (Appointment and Performance of General Managers) Order 2024 is administered by the Department of Premier and Cabinet.