Local Government (General) Amendment Regulations 2012 (TAS)

The Local Government (General) Amendment Regulations 2012 (TAS) were the subject of a legal dispute between the Minister for Local Government, Bryan Green, and the Kentish Council. The regulations, made under the Local Government Act 1993, aimed to amend the Local Government (General) Regulations 2005 by, among other things, increasing the allowances for councillors, deputy mayors, and mayors in the Kentish Council and exempting certain contracts from the public tender process. The Kentish Council contested the amendment to their allowances, arguing that the regulations were inconsistent with the Act and did not follow proper procedures.

The court had to determine whether the regulations were consistent with the enabling Act and whether they adhered to the procedural requirements set out in the Act. The primary legal issue was whether the Minister had the authority to increase the allowances for councillors, deputy mayors, and mayors in the Kentish Council without following the prescribed procedures. Additionally, the court examined whether the exemptions from the public tender process were valid under the Act.

The court found that the regulations were consistent with the Local Government Act 1993 and that the Minister had the authority to amend the allowances for elected members. The court held that the amendments to the allowances were not arbitrary and were within the scope of the enabling Act. The court also concluded that the exemptions from the public tender process were valid and did not contravene the Act. The court found that the Minister had followed the necessary procedures and that the regulations were not inconsistent with the Act.

The court upheld the validity of the Local Government (General) Amendment Regulations 2012 (TAS), dismissing the Kentish Council's challenge. The court ordered that the regulations remain in effect, and the allowances for councillors, deputy mayors, and mayors in the Kentish Council would be adjusted as per the amended regulations. The exemptions from the public tender process for certain contracts were also upheld. The Kentish Council's appeal was dismissed, and the regulations were confirmed to be valid.