Local Government Order (No. 2) 2012 (TAS)

The Local Government Order (No. 2) 2012 involved the Minister for Local Government in Tasmania making an order under section 89B(8) of the Local Government Act 1993. The order was made to determine the relevant percentage for the Central Highlands Council for specific financial years. The order was notified in the Gazette on 27 June 2012 and took effect from the date of notification.

The court was required to decide on the appropriate relevant percentages for the Central Highlands Council for the financial years 2012-2013, 2013-2014, 2014-2015, and 2015-2016. The percentages were to be determined under sections 90(5)(a), 90(5)(b), 107(2B)(a), and 107(2B)(b) of the Local Government Act 1993. The court's role was to ensure that the percentages set out in the order were in line with the legislative requirements and correctly applied to the Central Highlands Council.

The court found that the order was within the Minister's authority under the Local Government Act 1993. The percentages specified in the order were deemed appropriate based on the relevant provisions of the Act. The court confirmed that the percentages provided in the order for each of the financial years were correct and in accordance with the law. As a result, the order was upheld, and the relevant percentages were set for the Central Highlands Council for the specified financial years.

The final orders confirmed the relevant percentages for the Central Highlands Council for each of the financial years as specified in the order. The percentages were set at 67 per cent for the 2012-2013 financial year, 59 per cent for the 2013-2014 financial year, 51 per cent for the 2014-2015 financial year, and 43 per cent for the 2015-2016 financial year. These percentages were to be applied as per the provisions of the Local Government Act 1993.