Local Government Grants Commission Act 1976 (Qld)

1,002 C itvnlsIca.Yt ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 83 of 1976 An Act to establish a Local Government Grants Commission to make recommendations concerning the distribution of certain financial assistance to Local Authorities and with respect to other matters relating to the finances of Local Authorities ; to hold inquiries and make investigations in connexion therewith ; and for related purposes [ASSENTED TO 16TH DECEMBER, 1976] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Local Government Grants Commission Act 1976. 2. Commencement . This Act shall commence on a day to be fixed by Proclamation.

Local Government Grants Commission Act 1976, No. 83 1,003 3. Interpretation . In this Act, unless the contrary intention appears- " the Commission " means the Local Government Grants Commission established under this Act; " Local Authority " means a Local Authority constituted under the Local Government Act 1936-1976. The term includes Brisbane City Council constituted under the City of Brisbane 'Act 1924-1974; " member " means a member of the Commission. The term includes a deputy of a member while acting as such; " the Minister " means the Treasurer or other Minister of the Crown for the time being charged with the administration of this Act. The term includes any Minister of the Crown who is temporarily performing the duties of the Minister. 4. Establishment of the Commission . There is hereby established a Commission by the name of the Local Government Grants Commission. 5. Members of the Commission . (1) The Commission shall consist of- (a) four part-time members nominated by the Minister, being- (i) a chairman; and (ii) three members possessing considerable experience in local government; (b) one full-time member, nominated by the Minister for Local Government and Main Roads, possessing experience in local government affairs and finance; and (c) the Under Treasurer who shall be a member ex officio and who shall be deputy chairman. (2) The members referred to in paragraphs (a) and (b) of subsection ( 1) are in this Act referred to as appointed members. 6. Appointment of appointed members. The appointed members shall be appointed by the Governor in Council by notification published in the Gazette. 7. Term of appointment of appointed members. (1) Subject to this Act, each appointed member shall hold office for such period, being not less than one year and not more than three years, as is specified in the notification of his appointment, such period commencing on the date specified in that respect in the notification or, in the absence of a date being so specified, on the date of publication in the Gazette of the notification. (2) An appointed member, subject to nomination and qualification, is eligible for appointment to membership of the Commission for a second or subsequent term. 8..Vacation of office by appointed member. (1) The office of a member of the Commission who is an a ppointed member becomes vacant if the member- (a) dies or becomes mentally ill;. (b) becomes bankrupt or compounds with his creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy;

1,004 Local Government Grants Commission Act 1976, No. 83 (c) is convicted in Queensland of an indictable offence or is convicted elsewhere than in Queensland in respect of an act or omission that if done or made by him in Queensland would have constituted an indictable offence; (d) resigns his office by writing under his hand delivered to the Minister; (e) is removed from office by the Governor in Council for any reason appearing to him to be sufficient for so doing. (2) The Governor in Council, for any reason appearing to him to be sufficient for so doing, may remove an appointed member from office. 9. Filling of casual vacancies . (1) Where a vacancy occurs in the office of an appointed member, the Governor in Council may appoint another person as a member of the Commission to hold office for the balance of his predecessor's term of office as a member. (2) Notification of the appointment to fill the casual vacancy shall be published in the Gazette, and it shall be sufficient to specify in such notification the substituted member's period of office by reference to the term of office of his predecessor. (3) The person appointed to fill the casual vacancy shall be nominated and qualified in accordance with the requirements of section 5 with respect to the appointed member in question. 10. Deputies . (1) The• Governor in Council, by notification published in the Gazette, may appoint a deputy to act in the place of an appointed member of the Commission in the event of the illness or absence of that member. (2) An appointment may be so made either generally or with reference to a specified illness or absence, and if made generally the appointee may act in terms thereof in respect of any illness or absence of the member whose deputy he is, occurring during the continuance of the appointment. (3) If for any reason it is not practicable for the Under Treasurer to attend any meeting of the Commission or to act at any time in any other respect as a member of the Commission, he may and is hereby authorized to appoint another officer of the Treasury Department to attend the meeting or otherwise act as aforesaid, as the case may be, as his deputy. (4) Notification in writing by the Under Treasurer to the Commission authorizing another officer of the Treasury Department to attend a meeting of the Commission or otherwise act in accordance with subsection (3) as his deputy is sufficient authority for such officer to do so. (5) A deputy whilst acting in the place of the appointed member or Under Treasurer whose deputy he is has the powers, immunities, functions and authorities and shall perform the duties of the appointed member or Under Treasurer, as the case may he, as a member of the Commission. (6) A person shall not he concerned to inquire whether any occasion has arisen requiring or authorizing a deputy to act in the place of an appointed member or the Under Treasurer, and all acts or things done

Local Government Grants Commission Act 1976, No. 83 I,00.; or omitted by a deputy acting as aforesaid are as valid and effectual and have the same consequences as if they had been done or omitted by the person in whose place he is acting. (7) Without derogating from any other provision of this section, a deputy who acts in the place of the appointed member who is chairman and a deputy who acts in the place of the under Treasurer shall be respectively the chairman and deputy chairman while so acting. 11. Proceedings of the Commission . (1) The Commission shall meet as often as is necessary to enable it effectively to perform its functions. (2) Subject to subsection (3), meetings of the Commission shall be convened by the chairman (or in his absence by the deputy chairman) after giving not less than 7 days notice in writing to the other members. (3) The Minister may at any time request the holding of a meeting of the Commission and, on his so requesting, the chairman (or in his absence the deputy chairman) shall convene a meeting as soon as possible thereafter. (4) The chairman shall preside at every meeting of the Commission at which he is present. (5) The deputy chairman shall preside at any meeting of the Commission during any absence therefrom of the chairman and while so presiding has arid may exercise all the powers and authorities of the chairman. (6) Three members, including at least one of them the chairman and the deputy chairman, constitute a quorum at any meeting of the Commission. (7) Questions arising at a meeting of the Commission shall be determined by a majority of votes of the members present. (8) The person presiding at a meeting of the Commission has an original vote and, in the event of an equal division of votes upon any question, has a second or casting vote. (9) An act or proceeding of the Commission shall not be invalid or ineffectual in consequence only of the number of members of the Commission not being complete at the time of such act or proceeding. (10) All acts and proceedings of the Commission shall, notwithstanding any defect in the appointment of a member or that any member was disqualified or disentitled to act, be as valid and effectual as if every such member had been duly appointed and was qualified and entitled to act and as if the Commission had been properly and fully constituted. (II) Subject to the foregoing provisions, the Commission shall regulate and conduct its business in such manner as may be prescribed or, where or to the extent not prescribed, as it determines from time to time. 12. Remuneration , fees and allowances . (1) The members shall be paid such remuneration, fees and, allowances, if any, as are from 'time to time approved by the Governor in Council. (2) A payment with respect to any member, as a member or in any additional or other capacity, may differ according to class of payment or rate or both class and rate from any payment with respect to any other member.

1,006 Local Government Grants Commission Act 1976, No. 83 (3) Where by or under any Act provision is made requiring the holder of an office specified therein to devote the whole of his time to the duties of his office, or prohibiting him from engaging in employment outside the duties of his office, such provision shall not operate to disqualify him from holding that office and also the office of a member under this Act or from accepting and retaining any remuneration, fees or allowances payable to him pursuant to this section. (4) A fee, allowance or other remuneration shall not be paid to a member who is an officer of the Public Service of Queensland for attendance at any meeting of the Commission held during ordinary office working hours of that officer. 13. Commission to make recommendations to Minister. (1) The Commission shall- (a) make recommendations to the Minister with respect to the allocation of moneys that the State is entitled to receive from the Commonwealth each year by way of financial assistance for local government purposes for allocation amongst Local Authorities on a general equalization basis, that is to say, on a basis that has the object of ensuring, so far as is practicable, that each Local Authority is able to function, by reasonable effort, at a standard not appreciably below the standards of the other Local Authorities in the State, being a basis that takes account of differences in the capacities of the Local Authorities to raise revenue and differences in the amounts required to be expended by the Local Authorities in the performance of their functions; (b) make recommendations to the Minister with respect to such other matters relating to the finances of Local Authorities individually or collectively as may be referred to it by the Minister. (2) In making recommendations to the Minister pursuant to subsection (1) (a), the Commission shall adopt the basis set out in the said subsection (1) (a). 14. Inquiries and investigations by Commission . (1) For the purpose of making recommendations to the Minister in accordance with section 13, the Commission may hold such inquiries and make such investigations as it considers necessary. (2) For the purpose of an inquiry, the Commission shall have and may exercise all the powers, authorities, rights, privileges, protection and jurisdiction of a Commission of Inquiry under The Commissions of Inquiry Acts, 1950 to 1954 save such as are by those Acts reserved to a chairman of a Commission of Inquiry when that chairman is a Judge of the Supreme Court. (3) Subsection (2) does not prevent the Commission from inquiring into any matter in such other manner as it thinks fit. (4) The Commission shall receive from a Local Authority or an association representative of Local Authorities any submissions the Local Authority or association desires to make to it in connexion with the provision of financial assistance to the Local Authority or to Local Authorities generally. (5) A hearing in relation to an inquiry held by the Commission for the purpose of section 13 (1) (a) shall be open to the public.

Local Government Grants Commission Act 1976, No. 83 1,007 15. Divisions of the Commission . (1) The chairman, by writing under his hand, may determine that the powers of the Commission to hold an inquiry or make an investigation under and for the purposes of this Act shall be exercised by a Division of the Commission either generally or within limitations specified in the writing. (2) A Division of the Commission is one member of the Commission or two or more members thereof as specified in the writing in any particular case. (3) There may be more than one Division at any one time and Divisions may exercise their powers concurrently. (4) Section 14 (2) applies to a Division as fully and effectually as it applies to the Commission. (5) Any inquiry held or investigation made or other thing done by a Division pursuant to this section shall be deemed for all purposes to be an inquiry held or investigation made or thing done by the Commission. 16. Recommendations of Commission to Minister . (1) Where the Commission makes a recommendation to the Minister pursuant to section 13 (1) (a), the Minister may- (a) accept the recommendation; or (b) refer the recommendation back to the Commission with a request that it reconsider the recommendation or any part thereof or that it consider any other matter in relation to the recommendation that is raised by the Minister. (2) A request referred to in subsection (1) (b) shall contain particulars of the reasons for the request. (3) The Commission, after considering the request referred to in subsection (1) (b) and the particulars referred to in subsection (2), shall reconsider its recommendation in the light of the request and particulars, hold such inquiry or further inquiry and make such investigation or further investigation under section 14 as it thinks fit, and make such amendment, if any, to its recommendation as to it seems necessary or desirable. (4) The Commission shall thereupon resubmit its recommendation with or without amendment to the Minister. (5) Any member or members of the Commission may submit to the Minister a minority recommendation. 17. Allocation of moneys . The Minister, in making an allocation amongst Local Authorities in any particular year of moneys referred to in section 13 (1). (a), shall have regard to the recommendations of the Commission with respect to that allocation. 18. Commonwealth to be informed of allocation . On an allocation being made pursuant to section 17, the Minister shall- (a) furnish to.the Prime Minister of the Commonwealth a copy of the recommendations made by the Commission relating to the allocation; (b) inform the Commonwealth Minister for the time being administering the law of the Commonwealth under which the State is entitled to moneys referred to in section 13 (1) (a)

1,008 Local Government Grants Commission Act 1976, No. 83 of the particulars of the allocation and that the allocation has been made in accordance with the law of the Commonwealth with respect thereto. 19. Recommendations , etc., to be laid before Legislative Assembly. When the Minister has complied with the requirements of section 18, the recommendations of the Commission and the particulars of the allocation referred to in that section shall be laid before the Legislative Assembly if it is then in session but if it is not then in session they shall be laid before it when it is next in session. 20. Distribution of amount of financial assistance . On receipt of the amount of financial assistance referred to in section 13 (1) (a) from the Commonwealth, it shall be distributed amongst the Local Authorities in accordance with the allocation made pursuant to this Act. 21. Co- operation by departments , etc. Every department of the Government of the State, every Crown corporation or instrumentality or corporation or instrumentality representing the Crown and every Local Authority shall co-operate with the Commission in the carrying out by it of its functions under this Act and shall make available to it such information as it may reasonably require for the carrying out of those functions. 22. Assistance to the Commission . The Under Treasurer shall make available to the Commission such clerical and' other staff assistance as is necessary for the effectual carrying out by the Commission of its functions under this Act. 23. Entitlements of full - time member in certain circumstances. (1) Where immediately prior to appointment as full-time member of the Commission as referred to in section 5 (1) (b) an appointee was an officer of the Public Service of Queensland- (a) he is entitled to retain all his existing and accruing rights as if his service as such member were a continuation of his service as an officer of the Public Service; (b) he shall, if he so elects in writing addressed to the State Service Superannuation Board constituted for the purposes of the Public Service Superannuation Act1958-1975 and the StateServiceSuperannuation Act1972-1975 within three months after his appointment, be deemed to be and to have continued to be on and from the date of his appointment an officer within the meaning of those Acts. (2) Where a person ceases to hold the office of full-time member of the Commission and becomes an officer of the Public Service, his service in that office shall be regarded as service in a permanent capacity in the Public Service for the purpose of determining his rights as an officer of the Public Service. (3) Where immediately prior to appointment as full-time member of the Commission an appointee was the holder of an office under the Crown in right of the State, he shall- (a) if he resigns his office as such member; (b) if the term of his appointment or re-appointment expires and is not renewed; or

Local Gnccrnment Grants Commission Act 1976, No. 83 1,009 (c) if, pursuant to section 8 (1) (c), he is removed from office for a reason other than that of being guilty of misconduct in his office as such member, he entitled, unless- (i) in the opinion of the Governor in Council, he was, prior to resignation referred to in paragraph (a) or expiration of term referred to in paragraph (b), guilty of misconduct in his office as such member; or (ii) he has attained the age of 65 years, to be appointed to some office under the Crown with a classification and salary corresponding with or higher than that of the office that he held immediately prior to his appointment as such member as if his service as such member had been service in that office and to be classified accordingly. 24. Regulations . The Governor in Council may make regulations, not inconsistent with this Act, for or with respect to- (a) the nature and type of information sought by the Commission for the purposes of this Act and the desired format for the submission of such information to it; (b) providing for and regulating all matters required or permitted by this Act to be prescribed where the method of prescription is not otherwise provided; (c) all matters that may be convenient for the administration of this Act or that may be necessary or expedient to achieve the objects and purposes of this Act.