Local Government (Maryborough and Woocoo) Regulation 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 496 Local Government Act 1936 LOCAL GOVERNMENT (MARYBOROUGH AND WOOCOO) REGULATION 1993 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Gazettal of changeover day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 References in new Act adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2—IMPLEMENTATION OF REVIEWABLE LOCAL GOVERNMENT MATTERS 7 Change in external boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 New external boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Composition of MCC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Adjusted Maryborough area to have 8 divisions . . . . . . . . . . . . . . . . . . . . . . 7 11 Composition of WSC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12 Adjusted Woocoo area to have 3 divisions . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 3—PROVISIONS FOR FACILITATING IMPLEMENTATION OF REVIEWABLE LOCAL GOVERNMENT MATTERS Division 1—Fresh elections 13 Cancellation of 1994 triennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14 Direction for fresh elections for adjusted areas . . . . . . . . . . . . . . . . . . . . . . . 8

2 Local Government (Maryborough and Woocoo) No. 496, 1993 15 Returning officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 16 Qualification for office of mayor or councillor . . . . . . . . . . . . . . . . . . . . . . . 9 17 Term of office as councillor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 2—MCC’s expanded role 18 MCC to take over certain functions and powers . . . . . . . . . . . . . . . . . . . . . . 9 19 Application of MCC’s local laws to adjusted Maryborough area . . . . . . . . 10 Division 3—Instruments 20 Existing instruments to continue in force . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 4—Financial matters 21 Vesting of assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 22 MCC may levy rates made or imposed by WSC . . . . . . . . . . . . . . . . . . . . . 11 23 Recovery of unpaid rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 5—Planning schemes and related matters 24 Existing planning schemes continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 25 WSC’s decisions taken to be MCC’s decisions . . . . . . . . . . . . . . . . . . . . . . 13 26 Outstanding applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 27 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 6—Staff 28 Meaning of “continuing officer” in Division . . . . . . . . . . . . . . . . . . . . . . . . . 14 29 Rationalisation of staff because of the change . . . . . . . . . . . . . . . . . . . . . . . 15 30 Process for retrenchment of continuing officer . . . . . . . . . . . . . . . . . . . . . . . 15 31 Salary maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 32 Payments to continuing officers who are retrenched or voluntarily retire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Division 7—General 33 Valuation of lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 34 Roads and bridges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 35 Reference in documents to WSC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 36 Record of vesting of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 37 Pending legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 38 Duty to facilitate change in boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

3 Local Government (Maryborough and Woocoo) No. 496, 1993 PART 4—JOINT ARRANGEMENTS Division 1—Joint Transitional Committee 39 Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 40 Voting powers of chairperson of Committee . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 2—Decision-making by Committee 41 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 42 Decisions to be notified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 43 Local governments may oppose decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 44 Adjudication by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 45 Effect of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 3—Joint arrangements after changeover day 46 Report about joint arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

4 Local Government (Maryborough and Woocoo) No. 496, 1993 PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Local Government (Maryborough and Woocoo) Regulation 1993 . ˙ Commencement 2.(1) The following provisions commence on the notification of this regulation in the Gazette— • Part 1 (Preliminary) • Part 3 (Provisions for Facilitating Implementation of Reviewable Local Government Matters) • Division 1 (Fresh elections) • Part 4 (Joint Arrangements) • Division 1 (Joint Transitional Committee) • Division 2 (Decision-making by Committee). (2) The remaining provisions commence on changeover day. ˙ Purposes 3.(1) The purposes of this regulation are— (a) to implement the reviewable local government matters recommended by the Commissioner in the report; and (b) to facilitate the implementation of the reviewable local government matters. (2) This regulation implements the reviewable local government matters involving changing the external boundaries of the Shire of Woocoo by excluding parts of the Shire and including the parts in the City of Maryborough.

5 Local Government (Maryborough and Woocoo) No. 496, 1993 ˙ Definitions 4. In this regulation— “adjusted area” means the adjusted Maryborough or Woocoo area; “adjusted Maryborough area” means the local government area of the City of Maryborough before the changeover day and the relevant area; “adjusted Woocoo area” means the area of the Shire of Woocoo before the changeover day, but excluding the relevant area; “changeover day” means the day on which the last declaration notice for the fresh elections for the adjusted areas is published in a newspaper; “declaration notice” means a notice under section 316 (Declaration of poll) of the Local Government Act 1993 ; “employee” of WSC means a person who, immediately before the changeover day, is employed by WSC in any capacity; “existing planning scheme” , for the relevant area, means the planning scheme in force for the whole or a part of the area immediately before the changeover day; “MCC” means the Council of the City of Maryborough; “officer” of a local government means an employee of the local government other than— (a) an employee who has been engaged on a temporary basis for less than 1 year; or (b) an employee engaged on a casual basis; or (c) a person engaged on a contract basis (unless the person has been appointed to a position) including, for example, a contract to supervise or undertake a specific capital works project, a research project or another specific consultancy, project or task; “Planning Act” means the LocalGovernment(PlanningandEnvironment) Act 1990 ; “planning scheme” includes town planning by-laws and subdivision of land by-laws continued in force under section 8.10 (Savings and transitional) of the Planning Act; “rate” means a rate or charge levied or imposed under the Act by a local

6 Local Government (Maryborough and Woocoo) No. 496, 1993 government on land in the local government’s area, and includes any interest accrued, or premium owing, on the rate or charge; “relevant area” means the relevant area on map no. LGR 2, held by the department; 1 “report” means the report of the Commissioner tabled in the Legislative Assembly on 30 November 1993 about the Commissioner’s review of the external boundaries of the City of Maryborough and the Shire of Woocoo and parts of the external boundary of the Shire of Biggenden; 2 “salary” includes wage; “service” of an officer has the meaning given by section 25.1.4 of the report; “WSC” means the Council of the Shire of Woocoo. ˙ Gazettal of changeover day 5. As soon as practicable after changeover day, the Minister must, by Gazette notice, advise the changeover day. ˙ References in new Act adopted 6. The references taking effect under section 771(1) (References to local government etc. for purposes of 1994 triennial elections) of the LocalGovernment Act 1993 also take effect for all purposes of this regulation. 1 The map may be inspected at the offices of the Department of Housing, Local Government and Planning at 126 Margaret Street, Brisbane. A copy may also be inspected at the following places— (a) the public office of the Maryborough City Council at 388 Kent Street, Maryborough; (b) the public office of the Woocoo Shire Council at Oakhurst, Biggenden Road, Maryborough; 2 The Commissioner’s report may be inspected at the office of the Department of Housing, Local Government and Planning at 126 Margaret Street, Brisbane.

7 Local Government (Maryborough and Woocoo) No. 496, 1993 PART 2—IMPLEMENTATION OF REVIEWABLE LOCAL GOVERNMENT MATTERS ˙ Change in external boundaries 7. The external boundaries of the City of Maryborough and Shire of Woocoo are changed by— (a) excluding the relevant area from the Shire of Woocoo; and (b) including the relevant area in the City of Maryborough. ˙ New external boundaries 8.(1) Map no. LGB 132, edition 1, shows the external boundaries of the Shire of Woocoo with the relevant area excluded. 3 (2) Map no. LGB 83, edition 1, shows the external boundaries of the City of Maryborough with the relevant area included. 4 ˙ Composition of MCC 9. The local government for the City of Maryborough consists of a mayor and 8 other councillors. ˙ Adjusted Maryborough area to have 8 divisions 10.(1) The City of Maryborough is redivided into 8 divisions in accordance with map no. LGB 83, edition 1, held by the department. (2) One councillor is assigned to each division. ˙ Composition of WSC 11. The local government for the Shire of Woocoo consists of a mayor and 6 other councillors. 3 The map or a copy of it may be inspected at the offices mentioned in footnote 1. 4 The map or a copy of it may be inspected at the offices mentioned in footnote 1.

8 Local Government (Maryborough and Woocoo) No. 496, 1993 ˙ Adjusted Woocoo area to have 3 divisions 12.(1) The Shire of Woocoo is redivided into 3 divisions in accordance with map no. LGB 132, edition 1, held by the department. (2) Two councillors are assigned to each division. PART 3—PROVISIONS FOR FACILITATING IMPLEMENTATION OF REVIEWABLE LOCAL GOVERNMENT MATTERS Division 1—Fresh elections ˙ Cancellation of 1994 triennial elections 13. The 1994 triennial elections for the local governments of the City of Maryborough and Shire of Woocoo are cancelled. ˙ Direction for fresh elections for adjusted areas 14.(1) Fresh elections are to be held for the local governments for the adjusted areas. (2) The fresh elections must be held on the day on which the 1994 triennial elections are to be held. (3) The voters rolls for the elections close on— (a) 31 January 1994 for MCC; and (b) 31 December 1993 for WSC. (4) The persons elected as the mayor and other councillors at the elections are the mayor and other councillors of the local government for the adjusted areas.

9 Local Government (Maryborough and Woocoo) No. 496, 1993 ˙ Returning officers 15.(1) The chief executive officers of MCC and WSC are the returning officers for the elections for the respective adjusted areas. (2) The returning officers must conduct the elections. 5 ˙ Qualification for office of mayor or councillor 16. For the purposes of the qualifications of the mayor and other councillors, a person who— (a) lives in the City of Maryborough or the relevant area is taken to live in the adjusted Maryborough area; and (b) lives in the Shire of Woocoo excluding the relevant area is taken to live in the adjusted Woocoo area. ˙ Term of office as councillor 17. The term of office of a person elected as the mayor or other councillor at the fresh elections— (a) begins on the changeover day; and (b) continues until the next triennial elections. 6 Division 2—MCC’s expanded role ˙ MCC to take over certain functions and powers 18.(1) This section applies if, under an Act— (a) a local government may perform a function or exercise a power; 5 Section 765(2) of the Local Government Act 1993 provides as follows— “If the regulation directs that a fresh election be held for the implementation of a reviewable local government matter, the election must be held under Chapter 5 (Local government elections) with all necessary changes and any change prescribed by the regulation as if the election were a triennial election.”. 6 See section 175(3)(b) of the Local Government Act 1993 .

10 Local Government (Maryborough and Woocoo) No. 496, 1993 and (b) WSC started to perform the function or exercise the power for the relevant area before the changeover day, but did not finish performing the function or exercising the power. (2) MCC may continue to perform the function or exercise the power. Example— If a person made an application about land in the relevant area to WSC under an Act, the MCC may deal with it. ˙ Application of MCC’s local laws to adjusted Maryborough area 19. To remove any doubt, MCC’s local laws in force immediately before the changeover day apply to the adjusted Maryborough area. Division 3—Instruments ˙ Existing instruments to continue in force 20.(1) This section applies to an instrument (other than a local law or an instrument made under the Planning Act) that— (a) was made by WSC under an Act or a local law before the changeover day about— (i) a resident in the relevant area; or (ii) an owner of land in the relevant area; or (iii) land in the relevant area; or (iii) a person’s entitlement to carry out an activity in the relevant area; and (b) is in force immediately before the changeover day. (2) For the purposes of MCC dealing with an instrument made under a local law— (a) the local law under which the instrument was made is taken to be a local law of MCC; and (b) the instrument is taken to have been made by MCC under the

11 Local Government (Maryborough and Woocoo) No. 496, 1993 local law and in force for the relevant area; and (c) MCC is responsible for administering the local law in order to deal with the instrument; and (d) the instrument continues in force until it would have otherwise ended under the local law. (3) For the purposes of MCC dealing with an instrument made under an Act, the instrument is taken to have been properly made under the Act by MCC. Division 4—Financial matters ˙ Vesting of assets and liabilities 21.(1) MCC and WSC must jointly consider the assets and liabilities of each local government that are to become the assets and liabilities of the other local government. (2) If MCC and WSC reach agreement, they must prepare, and give to the Minister, a schedule identifying the assets and liabilities. (3) If MCC and WSC do not reach agreement within 6 months after the changeover day, the Minister may identify the assets and liabilities. (4) The Minister must prepare and publish Gazette notices setting out the identified assets and liabilities. (5) An asset or liability of WSC set out in the Gazette notice becomes an asset or liability of MCC. (6) An asset or liability of MCC set out in the Gazette notice becomes an asset or liability of WSC. (7) Subsections (5) and (6) take effect for an asset or liability— (a) on the day the notice is published in the Gazette; or (b) on a later day specified in the notice. ˙ MCC may levy rates made or imposed by WSC 22.(1) This section applies if, immediately before the changeover day,

12 Local Government (Maryborough and Woocoo) No. 496, 1993 WSC— (a) had made or imposed a rate for land in the relevant area; but (b) had not given a notice levying the rate on a person or otherwise demanded payment of the rate. (2) MCC may give the person a notice levying the rate, or may otherwise demand payment of the rate, in the same way that WSC could have given the notice or demanded payment. (3) MCC is taken to have made or imposed the rate. ˙ Recovery of unpaid rates 23.(1) This section applies if— (a) before the changeover day WSC had made and levied, or imposed and levied, a rate about land in the relevant area on a person; and (b) immediately before the changeover day the rate had not been paid. (2) If the time for payment of the rate had not ended before the changeover day— (a) the time continues to run; and (b) the amount of the rate is payable by the person to MCC. (3) If the time for payment of the rate had ended before the changeover day, the rate (together with any interest accruing on the rate) becomes payable by the person to MCC. (4) MCC— (a) is taken to have made and levied, or imposed and levied, the rate; and (b) may receive payment of, or recover, the amount of the rate.

13 Local Government (Maryborough and Woocoo) No. 496, 1993 Division 5—Planning schemes and related matters ˙ Existing planning schemes continue 24.(1) In this section— “approved” means approved under the Planning Act; “relevant area” includes a part of the relevant area. (2) An existing planning scheme for the relevant area— (a) continues to apply to the area until— (i) MCC amends its planning scheme to include the relevant area; or (ii) a new planning scheme for the adjusted Maryborough area is approved; and (b) is to be implemented, administered and enforced by MCC so far as it relates to the relevant area; and (c) for the purpose of paragraph (b), is taken to be part of the planning scheme for the adjusted Maryborough area; and (d) binds MCC. (2) An instrument in force under an existing planning scheme, immediately before the changeover day, continues in force until whichever of the following first happens— (a) it expires or is repealed under the existing planning scheme; (b) the scheme is replaced in whole or relevant part. ˙ WSC’s decisions taken to be MCC’s decisions 25.(1) This section applies to a decision made by WSC before the changeover day under an existing planning scheme for land in the relevant area. (2) The decision continues to apply to the land and for that purpose is taken to have been made by MCC.

14 Local Government (Maryborough and Woocoo) No. 496, 1993 ˙ Outstanding applications 26.(1) This section applies to an application that— (a) was made to WSC before the changeover day under an Act, or an existing planning scheme for the relevant area, in relation to land in the area; and (b) had not been finally decided before the changeover day. (2) As soon as practicable after the changeover day, the merging local government must pay the fees received by it for the application to MCC. (3) MCC must deal with the application. (4) If, before the changeover day, the merging local government had started to investigate the application, it is sufficient compliance with subsection (2) if, as soon as practicable after changeover day, it gives MCC— (a) the results of its investigation of the application; and (b) the fees received by it, less a reasonable amount for the costs of its investigation of the application. ˙ Appeals 27.(1) This section applies to an appeal that— (a) was started before the changeover day against a decision of WSC made under an existing planning scheme for the relevant area; and (b) had not been completed before the changeover day. (2) MCC takes the place of WSC in the appeal. Division 6—Staff ˙ Meaning of “continuing officer” in Division 28. In this Division— “continuing officer” means a person who— (a) immediately before the changeover day, was an officer of WSC;

15 Local Government (Maryborough and Woocoo) No. 496, 1993 and (b) on or since the changeover day, became or has become, an officer of WSC; and (c) at all times since the changeover day, has been an officer of MCC or WSC. ˙ Rationalisation of staff because of the change 29.(1) In this section— “rationalisation action” means— (a) an appointment of a continuing officer; or (b) the declaration that a continuing officer or continuing officer’s position is redundant; or (c) a redeployment of a continuing officer; or (d) a retrenchment of a continuing officer. (2) If, within 2 years after the changeover day, MCC starts to take a rationalisation action because of the inclusion of the relevant area in the City of Maryborough, MCC must comply with the process set out in this Division and, subject to this Division, the Guidelines and Parameters for the Rationalisation of Staff as set out in section 25.1 of the report. ˙ Process for retrenchment of continuing officer 30.(1) For the purposes of section 29 (Rationalisation of staff because of the change), the process to be used in retrenching a continuing officer is set out in this section. (2) MCC must— (a) try to redeploy or appoint the officer to a suitable position; or (b) decide, by resolution, that redeployment of the officer, or appointment of the officer to another position, is not practicable. (3) After MCC has complied with subsection (2), it must give a written offer of voluntary early retirement to the officer. (4) MCC may retrench the officer if the offer of voluntary early

16 Local Government (Maryborough and Woocoo) No. 496, 1993 retirement— (a) is rejected, by notice signed by the officer; or (b) is not accepted, by notice signed by the officer, within 2 months after the offer is given to the officer. ˙ Salary maintenance 31.(1) This section applies if— (a) a continuing officer is redeployed, in accordance with this Division, to a position in MCC (the “new position” ); and (b) the salary for the new position is less than the salary to which the officer was entitled for the permanent position the officer held, immediately before the changeover day, with WSC (the “former position” ). (2) The officer must be paid an allowance that is enough to maintain the officer’s salary at the salary applying to the former position. (3) The allowance continues under subsection (2) until whichever of the following first happens— (a) the person stops being an officer of MCC; (b) the person is appointed to a position in MCC and the salary for the position is equal to, or more than, the salary for the former position; (c) the end of 1 year after the officer’s appointment to the new position. ˙ Payments to continuing officers who are retrenched or voluntarily retire 32.(1) This section applies to a continuing officer who is retrenched or voluntarily retires in accordance with this Division. (2) The officer is entitled to a payment equal to the officer’s salary for 2 weeks for each year of service and a proportionate amount for an incomplete year of service. (3) However, the officer—

17 Local Government (Maryborough and Woocoo) No. 496, 1993 (a) must receive an amount equal to the officer’s salary for 4 weeks; but (b) must not receive an amount more than the officer’s salary for 52 weeks. (4) If the officer accepts an offer to voluntarily retire within 2 weeks of the offer being made, the officer is also entitled to a further payment equal to the officer’s salary for 13 weeks. (5) An entitlement to a payment under this section is in addition to any other entitlement to payment under this regulation or otherwise, but is instead of the severance entitlements mentioned in section 25.1.13 of the report. Division 7—General ˙ Valuation of lands 33.(1) In this section— “valuation” of land means the unimproved value of the land under the Valuation of Land Act 1944 . (2) The valuation of land in the relevant area at 1 July 1993 continues to be the valuation of the land until a further valuation applies to the land. (3) Subsection (2) applies subject to an objection or appeal under the Valuation of Land Act 1944 about the valuation, but the objection or appeal may not be based on the fact that the land is no longer in the same area as it was at the time of the valuation. ˙ Roads and bridges 34. To remove any doubt, the materials of all roads and bridges in the relevant area belong to MCC. ˙ Reference in documents to WSC 35. In a document concerning the relevant area (including, for example, a contract to which WSC was a party), a reference to WSC may, as

18 Local Government (Maryborough and Woocoo) No. 496, 1993 appropriate, be taken to be a reference to MCC. ˙ Record of vesting of property 36. On the written request of the chief executive officer of MCC about an asset or liability vested in MCC under section 21 (Vesting of assets and liabilities), a person responsible for keeping a register about dealings with property must make all endorsements necessary to record the vesting. ˙ Pending legal proceedings 37.(1) This section applies to a legal proceeding by or against WSC that— (a) is not finished before the changeover day; and (b) is identified by the Minister by Gazette notice. (2) The legal proceeding may be continued and finished by or against MCC. ˙ Duty to facilitate change in boundaries 38.(1) MCC and WSC must do all acts and things necessary or desirable to facilitate the external boundaries change. (2) Without limiting subsection (1), WSC must give MCC the records that are necessary to enable compliance with this regulation. PART 4—JOINT ARRANGEMENTS Division 1—Joint Transitional Committee ˙ Committee 39.(1) In order to facilitate the external boundaries change, a Joint Transitional Committee is established.

19 Local Government (Maryborough and Woocoo) No. 496, 1993 (2) The Committee consists of— (a) 4 councillors from the City of Maryborough, 1 of whom is to be the chairperson; and (b) 2 councillors from the Shire of Woocoo. (3) The Committee’s functions are— (a) to identify the assets and liabilities that might be vested in MCC and WSC after changeover day; and (b) to consider the joint arrangements that might be achieved by the MCC and WSC after changeover day; and (c) to identify the employees referred to in section 25.3(a) of the report; and (tod)make recommendations about other matters that the Committee considers appropriate. (4) The Committee may conduct its meetings in the way it considers appropriate. (5) Committee meetings are to be held at the times and places the Committee decides. (6) Three members, of whom 1 must be the chairperson, form a quorum. (7) The Committee ends on the changeover day. ˙ Voting powers of chairperson of Committee 40. The chairperson of the Committee has a deliberative vote and casting vote in all decisions of the Committee. Division 2—Decision-making by Committee ˙ Definitions 41. In this Division— “chief executive officer” means the chief executive officer of MCC;

20 Local Government (Maryborough and Woocoo) No. 496, 1993 “decision” of the Committee means a resolution of the Committee to identify an employee for the purposes of section 39(3)(c) (Committee). ˙ Decisions to be notified 42. After making a decision, the Committee must immediately give written notice to the chief executive officer of the Shire of Woocoo and the City of Maryborough. ˙ Local governments may oppose decisions 43.(1) Within 7 days after the Committee makes a decision, MCC or WSC may give written notice to the chief executive officer that it opposes the decision and its reasons. (2) The chief executive officer must immediately give written notice to the Minister. ˙ Adjudication by Minister 44.(1) If the Minister is notified under section 43 (Local governments may oppose decisions) that a local government opposes a decision, the Minister must confirm or revoke the decision. (2) The Minister must give written notice of the decision to the chief executive officer of MCC and WSC. ˙ Effect of decisions 45. An employee of WSC identified in a decision is, unless the decision is revoked by the Minister, entitled to receive from MCC an offer to be employed by it— (a) on and from the changeover day; and (b) on the basis that the employee will remain entitled to all existing and accruing rights of employment applying to the employee immediately before changeover day.

21 Local Government (Maryborough and Woocoo) No. 496, 1993 Division 3—Joint arrangements after changeover day ˙ Report about joint arrangements 46.(1) In this section— “joint arrangements” means the joint arrangements recommended by the Commissioner in the report. (2) MCC and WSC must report to the Minister about achieving joint arrangements between them within 6 months after the changeover day. (3) If MCC and WSC cannot agree on a joint report, they must report separately to the Minister. (4) A report must have regard to the matters mentioned in the Commissioner’s report about joint arrangements. ENDNOTES 1. Made by the Governor in Council on 16 December 1993. 2. Notified in the Gazette on 17 December 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Housing, Local Government and Planning. The State of Queensland 1993