Local Government (Qualifications Committee) Regulations 1984 (SA)
(Reprint No. 1)
SOUTH AUSTRALIA
regs. 1 - 3
regs. 4 - 6
reg. 7
regs. 8 - 12
reg. 15
reg. 16
reg. 17
reg. 18
reg. 19
reg. 20
regs. 21 - 32
regs. 33 - 36
reg. 37
REGULATIONS UNDER THE LOCAL GOVERNMENT
being
No. 165 of 1984:
as varied by
No. 267 of 1988:
1 Came into operation 1 January 1989: reg. 2.
NOTE:
Asterisks indicate repeal or deletion of text.
For the legislative history of the regulations see Appendix. Entries appearing in the
Appendix in bold type indicate the amendments incorporated since the last reprint.
2. These Regulations are arranged as follows:Part 1—Preliminary
Part 2—The Committee
Part 3—Prescribed Offices and Functions
Part 4—Diploma in Local Government Administration
Part 6—Certificate of Registration as a Chief Executive Officer
Part 7—Certificate of Registration as an Engineer
Part 8—Certificate of Registration as an Overseer of Works
Part 9—Certificate of Registration as a Building purveyor
Part 10—Certificate of Registration as a Building Inspector
Part 11—Certificate of Registration as a Local Government Auditor
Part 12—Cancellation of Certificates of Registration
Part 13—General Provisions Relating to Certificates
Part 14—Renewal of Registration.
"
Certificate " means a certificate of registration granted pursuant to these regulations;"
Chairman " means the Chairman or Acting Chairman of the Committee;"
Committee " means the Local Government Qualifications Committee;"
Diploma " means a Diploma in Local Government Administration granted by the Committee;"
Secretary " means the person appointed as Secretary to the Committee pursuant to Regulation 6;"
The Act " means theLocal Government Act, 1934 .
(2) The Secretary shall call a special meeting of the Committee on receipt of a written request signed by the Chairman or any three members.
(3) In the absence of the Chairman from any meeting of the Committee, the members present shall elect one of their number to be Acting Chairman during such absence.
(4) The Chairman of any meeting shall have a deliberative vote on a question arising for decision at the meeting, but shall not, in the event of an equality of votes, have a casting vote.
5. (1) Four members of the Committee shall form a quorum thereof.(2) Any meeting at which a quorum is present shall be competent to transact business.
6. The Minister shall appoint an officer of the Public Service to be Secretary of the Committee.
(2) The following offices and/or functions are prescribed offices and/or functions for the purposes of subsection (1) of section 69 of the Act:
Chief Executive Officer
Engineer
Overseer of Works
Building Surveyor
Building Inspector
Local Government Auditor.
* * * * * * * * * *
15. An applicant for a certificate of registration as a Chief Executive Officer shall:
hold the degree of Bachelor of Business issued by the South Australian Institute of Technology, having taken the public administration major, local government sub-option; or | |
hold a diploma in local government administration. |
18. An applicant for a certificate of registration as a Building Surveyor shall:
hold educational qualifications satisfying the entrance requirements of: | ||||||||||
| ||||||||||
hold the Graduate Diploma in Building Surveying issued by the South Australian Institute of Technology. |
20. An applicant for a certificate of registration as a Local Government Auditor must—
have passed examinations in Local Government Law and Local Government Accounting of a standard acceptable to the Committee; | ||
and | ||
be a member of— | ||
|
or
| ||
21. The Committee may cancel the certificate of registration of any person:
whose certificate of registration has been obtained by fraud or misrepresentation; or | |
who has been convicted in the State of any indictable offence or who has been convicted in any place outside the State of any offence, which if committed in the State, would be an indictable offence; or | |
who in the opinion of the Committee has been guilty of fraudulent or dishonest conduct in the course of his employment by any council; or | |
who in the opinion of the Committee is no longer a fit and proper person to hold a certificate; or | |
who in the opinion of the Committee has failed to carry out the duties to which the certificate relates in a competent manner; or | |
who ceases to hold the educational qualifications prescribed for that office. |
(2) If the Committee initiates an inquiry of its own motion, it may direct the secretary of the Committee or any person other than a member of the Committee to prosecute the inquiry, and in such event the secretary of the Committee or such other person shall be entitled to appear, either personally or by counsel, as the prosecutor at the subsequent inquiry held by the Committee into the subject matter of the motion.
23. (1) Before cancelling any certificate of any person the Committee shall:
give notice in writing to that person of the motion or complaint against him; | |
hold full inquiry into the matter of the motion or complaint and shall afford the said person an opportunity of giving an explanation personally or by counsel or in writing and of calling evidence. |
(2) Any such notice shall be given at least one month before the holding of the inquiry and may be given personally to the said person or may be given by post addressed to the last known place of business or abode of the said person.
if the person against whom the motion or complaint is directed admits the truth of the matter complained of in the motion or complaint and shows no sufficient cause why the Committee should not cancel the certificate issued to him, the Committee may cancel the said certificate; | ||||||
if the said person does not admit the truth of the matter complained of in the motion or complaint, the Committee shall proceed to hear: | ||||||
| ||||||
any person giving evidence before the Committee may be examined upon oath, affirmation or declaration, and for that purpose any member of the Committee may administer an oath, affirmation, or declaration. |
(2) The prosecutor at any inquiry before the Committee and any person against whom the motion or complaint is directed, shall, upon application be entitled to receive a copy of all oral evidence reduced into writing.
(2) The decision of the Committee shall be given by the Chairman of the Committee, and no expression of opinion or decision with respect to determination of any question shall be separately given or made known by any member of the Committee.
(3) The decision of a majority of the Committee shall be deemed to be a decision of the whole Committee.
(2) The cancellation of the certificate shall be effectual notwithstanding any failure to surrender the certificate.
(2) The appeal must be instituted within one month of the making of the decision appealed against, but the Local Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the appeal should be so instituted.
(3) The Local Court may, on the hearing of the appeal, do one or more of the following, according to the nature of the case:
affirm, vary or quash the decision or order appealed against, or substitute, or make in addition, any decision that should have been made in the first instance; | |
remit the subject matter of the appeal to the Committee for further consideration; | |
make any further or other order as to costs or any other matter that the case requires. |
(4) The powers conferred by section 28 of the
(5) The Committee shall, if so required by any person affected by a decision made by it, state in writing the reasons for its decision.
(6) If the reasons of the Committee are not given in writing at the time of making a decision and the appellant then requested the Committee to state its reasons in writing, the time for instituting the appeal shall run from the time when the appellant receives the written statement of those reasons.
(7) Where the Committee or the Local Court is satisfied that an appeal against a decision of the Committee has been instituted, or is intended, the Committee or the Local Court may suspend the operation of the decision until the determination of the appeal.
(8) Where the Committee has suspended the operation of a decision under subregulation (7) of this regulation, the Committee, may terminate the suspension, and where the Local Court has done so, the Local Court may terminate the suspension.
33. (1) An application for the issue of a certificate—
must be in Form 3 set out in the Second Schedule; and | |
must be accompanied by the appropriate fee. |
(2) The following fees are prescribed in relation to applications for the issue of certificates under these regulations—
Chief Executive Officers
Engineers | $50 |
Building Surveyors Local Government Auditors | |
Building Inspectors | |
Overseers of Works | $30 |
34. The Committee may refuse to issue a certificate to a person who—
fails to satisfy the Committee that he or she is of or above the age of majority; | |
or | |
fails to forward to the Committee, on request, the appropriate application fee. |
Schedule hereto, be signed by the Chairman and be countersigned by the Secretary to the Committee.
(2) The Register shall set out:
the certificate number; | |
the date the Diploma or Certificate was granted by the Committee; | |
the full name of the person to whom the Diploma or Certificate was granted; | |
the last known address of the person to whom the Diploma or Certificate was granted. |
37. (1) A certificate will be issued for a term of five years.(2) A person may apply to the Committee for the renewal of the certificate.
(3) An application for renewal—
must be in Form 5 set out in the Second Schedule; | |
and | |
must be accompanied by the fee of $30. |
(4) A certificate issued under these regulations before the commencement of this regulation will expire on the fifth anniversary of its issue.
Building Surveyor pursuant to the provisions of the
Building Inspector pursuant to the provisions of the
Auditor.
SOUTH AUSTRALIA—LOCAL GOVERNMENT ACT, 1934
LOCAL GOVERNMENT QUALIFICATIONS COMMITTEE
DIPLOMA IN LOCAL GOVERNMENT ADMINISTRATION | No. |
This is to certify that
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
of | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
having satisfactorily completed the approved course has been awarded the | .. .. .. .. .. .. .. .. .. .. .. .. . |
Diploma in Local Government Administration. |
Dated at Adelaide this. .. .. .. .. .. day of. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 19
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . Chairman
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . Secretary
* * * * * * * * * *
LOCAL GOVERNMENT ACT
LOCAL GOVERNMENT QUALIFICATIONS COMMITTEE REGULATIONS, 1984
Application for a Certificate of Registration
Please read instructions before completing form (1)
I (2) | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
Surname | Christian Names |
of (3) | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
Address
hereby make application for the issue of a certificate of registration as a (4) | .. .. .. .. .. .. .. .. .. .. .. . . |
under the provisions of the
Date of Birth (5) | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
Academic Qualifications (6) (an original copy of all academic qualifications cited, or a photocopy appropriately endorsed by a Justice of the Peace, must accompany this application. The originals will be returned as soon as possible after sighting by the Secretary).
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
Work Experience and Names and Addresses of Employers (7)
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
I,. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. , solemnly and sincerely declare that the information set out in this application is true and correct.
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . (8)
Signature of Applicant
This declaration was taken before me at (9) | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
.. .. .. .. .. .. this. .. .. .. day of | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 19 | . |
(10) | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
Justice of the Peace
This application must be forwarded, with the appropriate application fee made payable to "The Local Government Qualifications Committee", to:
The Secretary
Local Government Qualifications Committee
P.O. Box 713
NORTH ADELAIDE SA 5006
1. This application is to be completed in block letters.
2. Insert full name of applicant.
3. Insert full address of applicant.
4. Insert name of office in respect of which registration is sought, e.g. Chief Executive Officer, Engineer, Overseer of Works, Building Surveyor, Building Inspector.
5. Insert date of birth of applicant.
6. Set out full details of academic qualification held which are relevant to the position for which registration is sought.
7. Set out full details of work experience relevant to the office for which registration is sought, including—
|
8. Insert full signature of applicant.
9. Insert address of place where declaration was taken.
10. Insert full signature of the Justice of the Peace taking the declaration.
SOUTH AUSTRALIA—LOCAL GOVERNMENT ACT
LOCAL GOVERNMENT QUALIFICATIONS COMMITTEE
CERTIFICATE OF REGISTRATION No.
This is to Certify that:
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
(Name)
of | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
(Address)
has satisfied the Local Government Qualifications Committee that he/she has the necessary educational
qualifications and practical experience to undertake the duties of the office of
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
(Title of Office)
and has been granted registration under the provisions of the
this | .. .. .. .. .. .. .. .. .. .. . day of. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. | 19 | . |
. | ...................................Chairman | |
|
Form No. 5 SOUTH AUSTRALIA—LOCAL GOVERNMENT ACT, 1934 LOCAL GOVERNMENT QUALIFICATIONS COMMITTEE
Application for the Renewal of a
Certificate of Registration
Please read instructions before completing form (1)
I, (2) | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
Surname | Christian Names |
of (3) | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
Address | Post Code |
hereby make application for the renewal of my certificate of registration as a (4). .. .. .. .. .. .. .. .. under the provisions of the
The number of my current certificate of registration is | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
The date of issue of my original certificate of registration was | .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
This application must be forwarded, with the appropriate application fee made payable to "The Local Government Qualifications Committee", to:
The Secretary
Local Government Qualifications Committee
P.O. Box 713
NORTH ADELAIDE SA 5006
1. This application is to be completed in block letters.
2. Insert full name of applicant.
3. Insert full address of applicant.
4. Insert name of office for which renewal of registration is sought.
5. The application fee is $30.
Regulation 2: | varied by 267, 1988, reg. 3 |
Part 5 comprising regs. 13, 14 and heading revoked by 267, 1988, |
reg. 4
Regulation 18: | varied by 267, 1988, reg. 5 |
Regulation 20: | substituted by 267, 1988, reg. 6 |
Regulations 33 and 34: | substituted by 267, 1988, reg. 7 |
Regulation 36(1): | varied by 267, 1988, reg. 8 Part 14 comprising reg. 37 and heading inserted by 267, 1988, reg. 9 |
Second schedule |
Form 2: | revoked by 267, 1988, reg. 10(a) |
Form 3: | varied by 267, 1988, reg. 10(b)-(e) |
Form 5: | inserted by 267, 1988, reg. 10(f) |
0
0
0