Local Government Reform Implementation Amendment Regulation (No. 2) 2008 (Qld)

Queensland Local Government Reform Implementation Amendment Regulation (No. 2) 2008 Subordinate Legislation 2008 No. 51 made under the Local Government Act 1993 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 2 (Main purpose of regulation) . . . . . . . . . . . . . 2 4 Insertion of new pt 2, div 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Division 7A Provisions for particular chief executive officers 48A Special appointment of acting chief executive officer . 2 48B Special provision for chief executive officer of merging local government who becomes temporary employee of new local government . . . . . . . . . . . . . . 3 5 Insertion of new pt 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Part 5A Transitional matters for Redland City Council 87A Application of pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . 5 87B Change of class does not affect legal personality etc. 5 87C References to Redland Shire Council . . . . . . . . . . . . 5

Local Government Reform Implementation Amendment Regulation (No. 2) 2008 [s 1] 1 Short title This regulation may be cited as the Local Government Reform Implementation Amendment Regulation (No. 2) 2008 . 2 Regulation amended This regulation amends the LocalGovernmentReformImplementation Regulation 2008. 3 Amendment of s 2 (Main purpose of regulation) Section 2(2)— insert — ‘(c) for Redland City Council.’. 4 Insertion of new pt 2, div 7A After section 48— insert — ‘Division 7A Provisions for particular chief executive officers ‘48A Special appointment of acting chief executive officer ‘(1) This section applies if, for any reason, there is no acting chief executive officer for a new local government for any period from the beginning of the changeover day for the new local government’s local government area until a chief executive officer or acting chief executive officer is appointed at a meeting of the councillors of the new local government. ‘(2) The Minister may appoint a person to be the acting chief executive officer of the new local government for the period. ‘(3) To the greatest practicable extent, the conditions on which an appointment is made under subsection (2) must be those that would have applied to the appointee if the appointee had become, and had continued to be, the acting chief executive Page 2 2008 SL No. 51

Local Government Reform Implementation Amendment Regulation (No. 2) 2008 [s 4] officer under 159ZD of the Act instead of becoming the acting chief executive officer under subsection (2). ‘(4) The Minister’s appointment of an acting chief executive officer under this section must be by letter of appointment, and takes effect on the date of the letter. ‘(5) The fact of the appointment must be notified in the gazette as soon as practicable after the appointment, but a failure to notify does not affect the validity of the appointment. ‘(6) A person appointed under subsection (2) may hold office as an acting chief executive officer appointed by the Minister only until a chief executive officer, or an acting chief executive officer, is appointed by the new local government. ‘(7) The new local government must act as quickly as possible after the conclusion of the last 2008 quadrennial election held for any councillor for the new local government under chapter 3, part 1B, division 8 of the Act to ensure that, until a chief executive officer is appointed, the new local government has an acting chief executive officer who has been appointed at a meeting of the councillors of the new local government. ‘(8) To remove any doubt, it is declared that this section does not affect the new local government’s obligation under section 159ZD(3) of the Actto appoint a chief executive officer within 6 months after the changeover day. ‘48B Special provision for chief executive officer of merging local government who becomes temporary employee of new local government ‘(1) This section applies if— (a) immediately before the changeover day for a new local government’s local government area, a person was the chief executive officer of a merging local government under a contract of employment (the original contract ) between the person and the merging local government, whether or not the person was also the interim chief executive officer for the new local government; and 2008 SL No. 51 Page 3

Local Government Reform Implementation Amendment Regulation (No. 2) 2008 [s 4] (b) the person continues employment with the new local government as a temporary employee after the changeover day, whether or not as the acting chief executive officer of the new local government. ‘(2) The person keeps all relevant rights and entitlements, and may exercise those rights and entitlements against the new local government at any time (the relevant time ) after the changeover day, as if the merging local government’s local government area had been abolished at the relevant time instead of on the changeover day. ‘(3) However, subsection (2) ceases to apply to the person at the earlier of the following— (a) 30 days after the person is advised by the new local government that the new local government has appointed a chief executive officer under section 159ZD(3) of the Act; (b) the time the person’s employment under the original contract would have ended if— (i) the merging local government’s area had not been abolished to form part of the new local government area; and (ii) the person had continued as the chief executive officer of the merging local government. ‘(4) In this section— relevant rights and entitlements means all rights and entitlements in relation to retrenchment and redundancy, and applying to the person under any of the following before the changeover day— (a) the original contract; (b) any relevant industrial instrument; (c) any relevant workforce transition code of practice approved under chapter 3, part 1B, division 7 of the Act.’. Page 4 2008 SL No. 51

Local Government Reform Implementation Amendment Regulation (No. 2) 2008 [s 5] 5 Insertion of new pt 5A After section 87— insert — ‘Part 5A Transitional matters for Redland City Council ‘87A Application of pt 5A ‘This part applies to the existing local government of Redland Shire Council that, on the changeover day for its local government area, becomes the continuing local government of Redland City Council. ‘87B Change of class does not affect legal personality etc. ‘(1) The change of the class of area applying in relation to the local government does not— (a) affect the local government’s legal personality or identity; or (b) affect a right, entitlement or liability of the local government or anyone else; or (c) make any legal proceedings by or against the local government defective. ‘(2) Without limiting subsection (1), the change of class does not affect any right, entitlement, liability or benefit the local government would have had or enjoyed apart from the change of class. ‘(3) In addition, but without limiting subsection (1), a legal proceeding that could have been started or continued by or against the local government as a shire council may be started or continued by or against it as a city council. ‘87C References to Redland Shire Council ‘From the changeover day, a reference in an Act or document to Redland Shire Council or the Council of the Shire of 2008 SL No. 51 Page 5

Local Government Reform Implementation Amendment Regulation (No. 2) 2008 [s 5] Redland may, if the context permits, be taken as a reference to Redland City Council or the Council of the City of Redland.’. ENDNOTES 1 Made by the Governor in Council on 6 March 2008. 2 Notified in the gazette on 7 March 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Local Government, Sport and Recreation. © State of Queensland 2008 Page 6 2008 SL No. 51