Statutes Amendment (Local Government Review) Act 2021 (SA)
South Australia
An Act
to amend the
This Act may be cited as the
Statutes Amendment (Local Government Review) Act 2021 .
(1) This Act comes into operation on a day to be fixed by proclamation.
(2) Section 7(5) of the
Acts Interpretation Act 1915 does not apply to this Act.
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.
Section 3(f)—after "communities" insert:
and to provide for appropriate financial contributions by ratepayers to those services and facilities
(1) Section 4(1)—after the definition of
authorised person insert:
behavioural management policy —see section 262B(1);
behavioural standards means the standards of behaviour to be observed by members of councils published under Chapter 5 Part 4 Division 2;
Behavioural Standards Panel orPanel means the Behavioural Standards Panel established under Chapter 13 Part A1 Division 2;
behavioural support policy —see section 75F(1);(2) Section 4(1), definition of
Commission —delete the definition and substitute:
Commission orSouth Australian Local Government Boundaries Commission means the South Australian Local Government Grants Commission established under theSouth Australian Local Government Grants Commission Act 1992 ;(3) Section 4(1)—after the definition of
Commission insert:
community engagement charter —see Chapter 4 Part 5;
community engagement policy —see Chapter 4 Part 5;(4) Section 4(1)—after the definition of
independent living units insert:
integrity provision means—
(a) in relation to members of councils—a provision of Chapter 5 Part 4 Division 1; or
(b) in relation to employees of councils—a provision of Chapter 7 Part 4 Division 1;
(5) Section 4(1), definition of
public consultation policies —delete the definition(6) Section 4(1)—after the definition of
regional subsidiary insert:
registered industrial association means an industrial association or organisation registered under a law of the State or of the Commonwealth;(7) Section 4(1), definition of
relative —delete the definition and substitute:
relative of a person means—
(a) the spouse or domestic partner; or
(b) a parent, step parent or remoter lineal ancestor; or
(c) a child, step child or remoter descendant; or
(d) a sibling or step sibling; or
(e) any member of the person's family who resides in the person's household;
(8) Section 4(1)—after the definition of
relative insert:
relevant audit and risk committee means—
(a) in relation to a council that has, with 1 or more other councils, established a regional audit and risk committee—the regional audit and risk committee; or
(b) in relation to any other council—the council audit and risk committee;
(9) Section 4(1), definition of
site value —delete the definition(10) Section 4—before subsection (1aa) insert:
(1aaa) For the purposes of this Act,
public consultation is undertaken if consultation is conducted in accordance with the relevant provisions of the community engagement charter and community engagement policy (if applicable).(11) Section 4(1aa)(a)(ii)(B)—delete "; and" and substitute:
; or
(12) Section 4(1aa)(b)—delete paragraph (b) and substitute:
(b) if the community engagement charter provides for the giving of public notice under this Act—notice is published in accordance with the community engagement charter.
(1) Section 7(b)—delete "(including general public services or facilities (including electricity, gas and water services, and waste collection, control or disposal services or facilities), health, welfare or community services or facilities, and cultural or recreational services or facilities)"
(2) Section 7—after paragraph (b) insert:
(ba) to determine the appropriate financial contribution to be made by ratepayers to the resources of the council;
(1) Section 8(ea)—delete "and form partnerships" and substitute:
, form partnerships and share resources
(2) Section 8(h)—after "efficiently" insert:
and council services, facilities and programs are provided effectively and efficiently
(3) Section 8—after paragraph (i) insert:
(ia) seek to balance the provision of services, facilities and programs with the financial impact of the provision of those services, facilities and programs on ratepayers;
Before section 12 insert:
11A—Number of members
(1) Despite any other provision of this Chapter, a council must not be comprised of more than 13 members, unless the council is granted an exemption certificate under section 12(11b) in connection with its most recent representation review.
(2) Subsection (1) applies to a council from—
(a) in the case of a council that commences a representation review in accordance with section 12 after the commencement of subsection (1) and completes the review before 1 January 2022—polling day for the periodic election next due to be held after the commencement of subsection (1); or
(b) in any other case—polling day for the second periodic election due to be held after the commencement of subsection (1).
(3) A reference to completing a review under subsection (2)(a) includes (if relevant) publishing any notice or notices in the Gazette under section 12(15)(b) in relation to the review.
(1) Section 12(5) to (10)—delete subsections (5) to (10) (inclusive) and substitute:
(5) A council must, in order to commence a review, initiate the preparation of a report (a
representation report ) by a person who, in the opinion of the council, is qualified to address the representation and governance issues that may arise with respect to the matters under review.(6) The representation report must—
(a) examine the advantages and disadvantages of various options that are available to the council under subsection (1) (insofar as the various features of the composition and structure of the council are under review) and, in particular (to the extent that may be relevant)—
(i) examine the question of whether the number of members should be reduced; and
(ii) if the area of the council is divided into wards, examine the question of whether the division of the area into wards should be abolished; and
(b) set out any proposal that the council considers should be carried into effect under this section; and
(c) in respect of any such proposal—include an analysis of how the proposal relates to the principles under section 26(1)(c) and the matters referred to in section 33 (to the extent that may be relevant); and
(d) examine such other relevant issues as the council or the person preparing the report thinks fit.
(7) The council must undertake public consultation on the representation report.
(2) Section 12(11a) to (11d)—delete subsections (11a) to (11d) (inclusive) and substitute:
(11a) If—
(a) the report proposes that the composition of the council be altered so that it is constituted of more than the number of members that a council may be comprised of under section 11A(1) (the
member cap ); or(b) the council is constituted of a number of members that exceeds the member cap and the report does not propose an alteration in the composition of the council so that it is constituted of a number of members equal to or less than the member cap,
the report must be referred to the Electoral Commissioner.
(11b) On receipt of a report, the Electoral Commissioner must give the council a certificate authorising the referral of the report under subsection (12) (an
exemption certificate ), unless the Electoral Commissioner considers that exceptional circumstances exist that justify a refusal to give an exemption certificate to the council.(11c) In subsection (11b)—
exceptional circumstances means circumstances where the report does not—
(a) examine the matters referred to in subsection (6)(a); or
(b) set out the reasons for the council being constituted in a manner referred to in subsection (11a)(a) or (b).
(11d) If the Electoral Commissioner refuses to give an exemption certificate under subsection (11b), the Electoral Commissioner must refer the matter back to the council and must provide written reasons to the council for the refusal.
(11e) If the matter is referred back to the council under subsection (11d), the council—
(a) must take such action as is necessary (including by altering the report) so that the report proposes an alteration in the composition of the council so that it is constituted of a number of members equal to or less than the member cap; and
(b) must comply with the requirements of subsection (7) in relation to the report (as if the report (as altered) constitutes a new report); and
(c) must then refer the report to the Electoral Commissioner under subsection (12).
(3) Section 12(12)—delete ", taking into account the operation of the preceding subsection,"
(4) Section 12(12)—after "Commissioner" insert:
(and, if relevant, provide with the report a copy of an exemption certificate given to the council)
(5) Section 12(12a)—delete subsection (12a) and substitute:
(12a) The report must, if written submissions are received as part of public consultation undertaken under subsection (7), include copies of any written submissions that relate to the subject‑matter of the proposal.
(6) Section 12(17)—delete "subsections (9) and (10)" and substitute:
subsection (7)
(7) Section 12(18a)—delete subsection (18a)
(8) Section 12(19)(b)—delete "by the Electoral Commissioner under subsection (13)(b)" and substitute:
under subsection (11d) or (13)(b)
Section 13(2)(ba)—delete paragraph (ba)
Section 26(1)—before "Commission" insert:
South Australian Local Government Boundaries
(1) Section 44(2)—after paragraph (b) insert:
(ba) to a joint planning board established under a planning agreement to which the council is a party; or
(2) Section 44(7) and (8)—delete subsections (7) and (8)
Section 45(3)—delete "consult with its local community in accordance with its public consultation policy" and substitute:
undertake public consultation
(1) Section 48(5)—delete subsection (5)
(2) Section 48(6)—delete "However, a council may take steps to prevent the disclosure of specific information" and substitute:
A council may take steps to prevent the disclosure of specific information in a report under subsection (1)
Section 49(4) and (5)—delete subsections (4) and (5)
Chapter 4 Part 5—delete the Part and substitute:
Part 5—Community engagement
50—Community engagement charter
(1) The Minister may, by notice published in the Gazette and on a website determined by the Minister, establish a community engagement charter for the purposes of this Act.
(2) The following principles must be taken into account in relation to the charter:
(a) members of the community should have reasonable, timely, meaningful and ongoing opportunities to gain access to information about proposed decisions, activities and processes of councils and to participate in relevant processes;
(b) information about issues should be in plain language, readily accessible and in a form that facilitates community participation;
(c) participation methods should seek to foster and encourage constructive dialogue, discussion and debate in relation to proposed decisions, activities and processes of councils;
(d) participation methods should be appropriate having regard to the significance and likely impact of proposed decisions, activities and processes;
(e) insofar as is reasonable, communities should be provided with information about how community views have been taken into account and reasons for decisions or actions of councils.
(3) The charter—
(a) will relate to—
(i) community consultation and participation with respect to any decision, activity or process where compliance with the charter is required by this Act; and
(ii) any other circumstance where compliance with the charter is required by this Act; and
(b) may relate to any other circumstances, or provide for any other matter, determined by the Minister.
(4) The charter may—
(a) establish categories of statutory processes to which various parts of the charter will apply; and
(b) in relation to each category established under paragraph (a)—
(i) specify mandatory requirements; and
(ii) set out principles and performance outcomes that are to apply to the extent that mandatory requirements are not imposed; and
(c) in relation to performance outcomes under paragraph (b)(ii)—
(i) provide guidance on specific measures or techniques by which the outcomes may be achieved; and
(ii) set out measures to help evaluate whether, and to what degree, the outcomes have been achieved.
(5) The charter may—
(a) be of general or limited application; and
(b) vary in operation according to factors stated in the charter; and
(c) provide for, or for the granting by the Minister of, exemptions (conditional or unconditional) from specified provisions of the charter.
(6) The Minister may, by further notice published in the Gazette and on the website referred to in subsection (1), vary or substitute the charter.
(7) The Minister must, before establishing, varying or substituting the charter—
(a) consult with the LGA; and
(b) undertake such other consultation as the Minister thinks fit,
on the charter, variation or substitute charter (as the case may be).
(8) An entity to which the charter applies must—
(a) comply with any mandatory requirement that applies in a relevant case; and
(b) to the extent that paragraph (a) does not apply, have regard to, and seek to achieve, any principles or performance outcomes that apply in a relevant case.
(9) A notice published under subsection (1) or (6) may come into operation on the day on which it is published or on a later day or days specified in the notice.
(10) Sections 10 (other than subsection (1)) and 10A of the
Subordinate Legislation Act 1978 apply to a notice published under subsection (1) or (6) (and a reference in those provisions to a regulation will be taken to be a reference to a notice published under subsection (1) or (6) (as the case requires)).
50A—Council community engagement policy
(1) A council must prepare and adopt a policy relating to community engagement for the purposes of this Act (a
community engagement policy ).(2) The policy may—
(a) in relation to any decision, activity or process in respect of which the community engagement charter prescribes requirements, principles or performance outcomes applying to community consultation and participation (relating to the decision, activity or process), make additional provision (not inconsistent with the charter) specifying how the council will—
(i) comply with the requirements in a relevant case; or
(ii) seek to achieve the principles or performance outcomes in a relevant case; and
(b) in relation to any other decision, activity or process of the council, provide for community consultation and participation in relation to the decision, activity or process.
(3) The policy must be consistent with, and comply with any requirements specified by, the community engagement charter.
(4) The policy may—
(a) be of general or limited application; and
(b) vary in operation according to factors stated in the policy; and
(c) provide for, or for the granting by the council of, exemptions (conditional or unconditional) from specified provisions of the policy.
(5) A council may from time to time alter a community engagement policy, or substitute a new policy.
(6) Before a council—
(a) adopts a community engagement policy; or
(b) alters, or substitutes, a community engagement policy,
the council must undertake public consultation on the community engagement policy, alteration or substituted policy (as the case may be).
(1) Section 51(1) and (2)—delete subsections (1) and (2) and substitute:
(1) A council must be constituted on the basis that the principal member is to be appointed¹ or elected as a representative of the area as a whole (in which case the principal member is to be called a mayor).
(2) Section 51(3)—delete subsection (3) and substitute:
(3) If the council so resolves, there may also be a deputy mayor.
(3) Section 51(4)—delete "or deputy chairperson"
(4) Section 51(5)—delete "chairperson, deputy mayor or deputy chairperson" and substitute:
deputy mayor
(5) Section 51(6) and (7)—delete subsections (6) and (7) and substitute:
(6) In the absence of the mayor, a deputy mayor may act in the office of mayor.
(7) If the mayor is absent from official duties and there is no deputy mayor, or the deputy mayor is not available to act in the office of mayor, a member chosen by the council may act in the office of mayor during the relevant period.
(1) Section 54(1)(g)—delete paragraph (g)
(2) Section 54(1)(k)—delete "a court order" and substitute:
an order of a court or SACAT
(3) Section 54(2a)(b)(ii)—delete subparagraph (ii) and substitute:
(ii) the conclusion of the election falls within 12 months before polling day for—
(A) a periodic election; or
(B) a general election (other than a periodic election) if the date of that polling day is known at the time of the occurrence of the vacancy.
(4) Section 54(4)—delete "Division 2 of Part 4 of this Chapter or"
(1) Section 55(a)—delete "62 or"
(2) Section 55(b)—delete "62" and substitute:
68, 80A, 80B
(3) Section 55, penalty provision—delete "$5 000" and substitute:
$15 000
After section 55 insert:
55A—Leave of absence—council member contesting election
(1) If a person holding office as a member of a council stands as a candidate for election as a member of the Parliament of the State, the member will be taken to have been granted leave of absence from the office of member of the council from the date on which nominations for the election close until the result of the election is publicly declared.
(2) Leave of absence under subsection (1) extends to all other offices held in the person's capacity as a member of the council or by virtue of being a member of the council.
(3) Subsection (1) does not apply if the nomination of a member of a council as a candidate for election is revoked (as a result of the member's withdrawal of their consent to stand as a candidate).
(4) Despite any other Act or law, or any determination of the Remuneration Tribunal, a member of a council who is taken to have been granted leave of absence in accordance with this section is not entitled to receive any allowance in respect of the member's office, or reimbursement of expenses that the member would otherwise be entitled to under this Act, for the period of leave.
(5) A person who is taken to have been granted leave of absence from the office of member of a council under this section must not, during the period of leave—
(a) use any facility, service or other form of support provided by the council to its members to assist the members in performing or discharging official functions and duties (not being a facility, service or form of support generally provided to members of the public by the council); or
(b) carry out any function or duty of the office of member of the council.
Maximum penalty: $15 000.
(6) The following provisions apply during the period of the leave of absence of a member of a council to whom this clause applies:
(a) the member is not required—
(i) to submit a return for the purposes of the Register of Interests in accordance with Chapter 5 Part 4 Division 1 Subdivision 2; or
(ii) if relevant, to notify the chief executive officer of a change or variation of a kind referred to in section 67(1),
provided that, on the cessation of the suspension, the member—
(iii) submits any return for the purposes of the Register of Interests that the member would, but for the suspension, have been required to submit in accordance with Chapter 5 Part 4 Division 1 Subdivision 2 during the period of suspension; and
(iv) notifies the chief executive officer of a change or variation of a kind referred to in section 67(1) of which the member would, but for the suspension, have been required to notify the chief executive officer under section 67(1) during the period of suspension;
(b) to avoid doubt, section 54(1)(d) does not apply to the member.
(1) Section 58(1)—delete subsection (1) and substitute:
(1) Subject to this Act, the role of the principal member of a council as leader of the council is—
(a) to provide leadership and guidance to the council; and
(b) to lead the promotion of positive and constructive working relationships among members of the council; and
(c) to provide guidance to council members on the performance of their role, including on the exercise and performance of their official functions and duties; and
(d) to support council members' understanding of the separation of responsibilities between elected representatives and employees of the council; and
(e) to preside at meetings of the council; and
(f) to liaise with the chief executive officer between council meetings on the implementation of a decision of the council; and
(g) to act as the principal spokesperson of the council; and
(h) to exercise other functions of the council as the council determines; and
(i) to carry out the civic and ceremonial duties of the office of principal member.
(2) Section 58(2)—delete "Subsection (1)(c)" and substitute:
Subsection (1)(g)
(1) Section 59(1)(a)—delete paragraph (a) and substitute:
(a) as a member of the governing body of the council—
(i) to act with integrity; and
(ii) to ensure positive and constructive working relationships within the council; and
(iii) to recognise and support the role of the principal member under the Act; and
(iv) to develop skills relevant to the role of a member of the council and the functions of the council as a body; and
(v) to participate in the deliberations and activities of the council; and
(vi) to keep the council's objectives and policies under review to ensure that they are appropriate and effective; and
(vii) to keep the council's resource allocation, expenditure and activities, and the efficiency and effectiveness of its service delivery, under review; and
(viii) to ensure, as far as is practicable, that the principles set out in section 8 are observed; and
(ix) to participate in the oversight of the chief executive officer's performance under the council's contract with the chief executive officer; and
(x) to serve the overall public interest; and
(2) Section 59(1)(b)—after "ratepayers" insert:
of the council
Heading to Chapter 5 Part 4—delete the heading and substitute:
Part 4—Member integrity and behaviour
Heading to Chapter 5 Part 4 Division 1—delete the heading and substitute:
Division 1—Member integrity
Before section 62 insert:
Subdivision 1—General
(1) Section 62(3), penalty provision—delete the penalty provision
(2) Section 62(4), penalty provision—delete the penalty provision
(3) Section 62(4a)—delete subsection (4a) and substitute:
(4a) A member or former member of a council must not disclose information or a document—
(a) in relation to which there is an order of a council or council committee in effect under section 90 or 91(7) requiring the information or document to be treated confidentially; or
(b) that the member or former member knows, or ought reasonably to know, is information or a document that is otherwise required to be treated confidentially.
(4) Section 62—after subsection (4b) insert:
(4c) A member of a council must not direct or seek to influence an employee of the council in the exercise or performance of a power or function delegated to or performed by the employee.
(4d) Without limiting subsection (4c), a member of a council must—
(a) ensure that a request for information or a document from a person engaged in the administration of the council is made in accordance with the requirements of the chief executive officer of the council; and
(b) ensure that a request for the performance of work or the taking of action by an employee of the council is made in accordance with the requirements of the chief executive officer of the council.
(4e) A member of a council must comply with any requirements prescribed by the regulations relating to the conduct of members that are expressed to be integrity provisions.
(5) Section 62(5) and (6)—delete subsections (5) and (6)
(6) Section 62(7)—delete "The" and substitute:
Subject to the regulations, the
Section 63—delete the section
Heading to Chapter 5 Part 4 Division 2—delete the heading and substitute:
Subdivision 2—Register of Interests
Chapter 5 Part 4 Division 2—delete "this Division" wherever occurring and substitute in each case:
this Subdivision
Section 64, definition of
return period —delete the definition
(1) Section 67(1)—delete "person related to the member" and substitute:
designated person or entity in relation to the member
(2) Section 67(1), penalty provision—delete the penalty provision
(3) Section 67(2)—delete "a defence to a prosecution for an offence against subsection (1) to prove" and substitute:
not a breach of subsection (1) if a member proves
(1) Section 68—after subsection (1) insert:
(1a) If a member of a council fails to submit a return to the chief executive officer before the expiration of 1 month from the end of the period allowed under this Subdivision for the submission of the return, the member is suspended from the office of member of the council.
(1b) Despite any other Act or law, or any determination of the Remuneration Tribunal, a member of a council suspended under subsection (1a) is not entitled to an allowance under section 76 during the period of suspension.
(2) Section 68(2)—delete "under Division 1 of Part 2 of this Chapter" and substitute:
for the member
(3) Section 68—after subsection (3) insert:
(3a) If a member of a council suspended under subsection (1a) for a failure to submit a return submits (after the commencement of the suspension) to the chief executive officer of the council the return that was required to be submitted—
(a) the chief executive officer must immediately publish a notice on a website determined by the chief executive officer specifying the date on which the member submitted the return; and
(b) the suspension is taken to be revoked on the date of publication of the notice.
(3b) If a member of a council is suspended under subsection (1a) for a continuous period of more than the prescribed period, the council must apply to SACAT for an order disqualifying the member of the council from the office of member under this Act.
(3c) If a member is disqualified under subsection (3b), the disqualification extends to all other offices held in the member's capacity as a member of the council or by virtue of being a member of the council.
(3d) Despite section 72, subsections (1a) and (3a) to (3c) do not apply to a member of a council subsidiary or regional subsidiary.
Section 69, penalty provision—delete the penalty provision
(1) Section 70(a1)—delete subsection (a1) and substitute:
(a1) The chief executive officer must publish the Register on a website determined by the chief executive officer.
(a2) However, the chief executive officer must ensure that the following details are not published under subsection (a1):
(a) a person's residential address;
(b) any other address suppressed from the Register under section 68(4)(a).
(2) Section 70(1) and (2)—delete subsections (1) and (2)
Section 71(2), penalty provision—delete "$10 000" and substitute:
$15 000
Chapter 5 Part 4—after section 72 insert:
Subdivision 3—Gifts and benefits
72A—Register of gifts and benefits
(1) A member of a council must not seek out or receive a gift or benefit that is, or could reasonably be taken to be, intended or likely to create a sense of obligation to a person on the part of the member or influence the member in the performance or discharge of their functions or duties.
(2) If a member of a council receives a gift or benefit of an amount greater than the amount determined by the Minister (from time to time), by notice in the Gazette, the member must provide details of the gift or benefit to the chief executive officer of the council in accordance with any requirements of the chief executive officer.
(3) The Minister must consult with the LGA before publishing a notice under subsection (2).
(4) The chief executive officer of a council must maintain a register of gifts and benefits received by members of the council and must ensure that the details of each gift and benefit provided under this section are included in the register.
(5) For the purposes of this section, a gift or benefit received by a designated person or entity in relation to a member of a council will be treated as a gift or benefit (as the case requires) received by the member.
(6) For the purposes of this section—
(a) 2 or more separate gifts or benefits received by a member or a designated person or entity in relation to the member from the same person during a financial year are to be treated as 1 gift or benefit (as the case requires) received by the member; and
(b) 2 or more separate transactions to which a member or a designated person or entity in relation to the member is a party with the same person during a financial year under which the member or the designated person has had the use of property of the other person (whether or not being the same property) during a financial year are to be treated as 1 transaction under which the member has had the use of property of the other person during the financial year.
(7) Unless the contrary intention appears, terms and expressions used in this section and in Schedule 3 have the same respective meanings in this section as they have in that Schedule.
Chapter 5 Part 4 Division 3—delete Division 3 and substitute:
Subdivision 4—Conflicts of interest
73—Preliminary In this Subdivision—
agency or instrumentality of the Crown includes—
(a) an administrative unit of the Public Service; and
(b) a body corporate comprised of or including, or having a governing body comprised of or including, a Minister or Ministers of the Crown or a person or persons appointed by the Governor or a Minister or other agency or instrumentality of the Crown;
conflict of interest means—
(a) a general conflict of interest; or
(b) a material conflict of interest;
general conflict of interest —see section 74;
material conflict of interest —see section 75.
74—General conflicts of interest
(1) Subject to section 75A, for the purposes of this Subdivision, a member of a council has a
general conflict of interest in a matter to be discussed at a meeting of the council if an impartial, fair‑minded person might consider that the member's private interests might result in the member acting in a manner that is contrary to their public duty.(2) For the purposes of subsection (1)—
private interests means any direct or indirect interest of a member that does not derive from their public duty and does not include an interest that is only a matter of personal opinion or belief;
public duty means the responsibilities and obligations that a member has to members of the public in their role as a member.
75—Material conflicts of interest
(1) Subject to section 75A, for the purposes of this Subdivision, a member of a council has a
material conflict of interest in a matter to be discussed at a meeting of the council if any of the following persons would gain a benefit, or suffer a loss, (whether directly or indirectly and whether of a personal or pecuniary nature) depending on the outcome of the consideration of the matter at the meeting:
(a) the member;
(b) a relative of the member;
(c) a body corporate of which the member is a director or a member of the governing body;
(d) a proprietary company in which the member is a shareholder;
(e) a family company of the member (within the meaning of Schedule 3);
(f) a family trust of the member (within the meaning of Schedule 3);
(g) a beneficiary under a trust or an object of a discretionary trust of which the member is a trustee;
(h) a partner of the member;
(i) the employer or an employee of the member;
(j) a person with whom the member has entered into, is seeking to enter into, or is otherwise involved in a negotiation or tendering process in connection with entering into, an agreement for the provision of professional or other services for which the member would be entitled to receive a fee, commission or other reward;
(k) a person or body from whom the member has received a designated gift;
(l) a person of a prescribed class.
(2) In this section—
designated gift means—
(a) a gift of a kind required to be disclosed in a large gifts return under Part 14 of the
Local Government (Elections) Act 1999 relating to the last election at which the member was elected; or(b) a gift or benefit of an amount greater than the prescribed amount under section 81A(1)(b) of the
Local Government (Elections) Act 1999 received by the member after the last election at which the member was elected (whether or not the gift or benefit is required to be disclosed in a return under Part 14 of theLocal Government (Elections) Act 1999 ).
75A—Exemptions and other matters
(1) A member of a council will not be regarded as having a conflict of interest in a matter to be discussed at a meeting of the council—
(a) if the interest is held in common with a substantial proportion of the ratepayers, electors or residents of the council area and does not materially exceed the interest held by the other ratepayers, electors or residents; or
(b) if the interest in the matter is that of an employer or employee of the member, and the member does not know, and could not reasonably be expected to know, of that interest; or
(c) if the interest in the matter is that of a relative of the member, other than the member's spouse or domestic partner, and the member does not know, and could not reasonably be expected to know, of that interest; or
(d) if—
(i) the interest arises in relation to a prescribed matter or in prescribed circumstances; and
(ii) the member complies with the requirements of the regulations (if any) relating to dealing with the matter.
(2) Without limiting subsection (1), a member of a council will not be regarded as having a general conflict of interest in a matter to be discussed at a meeting of the council by reason only of—
(a) an engagement with a community group, sporting club or similar organisation undertaken by the member in their capacity as a member; or
(b) membership of a political party; or
(c) membership of a community group, sporting club or similar organisation (if the member is not an office holder for the group, club or organisation); or
(d) the member having been a student of a particular school or their involvement with a school as parent of a student at the school; or
(e) a nomination or appointment as a member of a board of a corporation or other association, if the member was nominated for appointment by a council.
(3) A member of a council who is a member, officer or employee of an agency or instrumentality of the Crown, will be regarded as having a conflict of interest in a matter before the council if the matter directly concerns that agency or instrumentality but otherwise will not be regarded as having an interest in a matter by virtue of being a member, officer or employee of the agency or instrumentality.
(4) Regulations under subsection (1)(d)—
(a) may be limited to material conflicts of interest or general conflicts of interest, or may relate to conflicts of interest generally; and
(b) may make different provision according to the matter or circumstances to which they are expressed to apply.
75B—Dealing with general conflicts of interest
(1) If a member of a council has a general conflict of interest in relation to a matter to be discussed at a meeting of the council, the member must deal with the interest in a transparent and accountable way and, in particular, must inform the meeting of—
(a) the member's interest in the matter; and
(b) whether or not the member proposes to participate in the meeting in relation to the matter; and
(c) if the member proposes to participate in the meeting in relation to the matter—
(i) how the member intends to deal with the general conflict of interest, including whether the member intends to vote on the matter; and
(ii) the member's reasons for participating (and, if relevant, voting) in relation to the matter.
(2) If a quorum at a meeting cannot be formed because a member of a council proposes to exclude themself from the meeting in order to comply with subsection (1), the member will not be taken to have contravened subsection (1) by participating (including by voting, for example) in the meeting in relation to the matter if the attendance of the member, together with any other required number of members, forms a quorum for the meeting.
(3) If a member of a council discloses a general conflict of interest in a matter to be discussed at a meeting of the council, the following details must be recorded in the minutes of the meeting:
(a) the member's name;
(b) the nature of the interest, as described by the member;
(c) the manner in which the member dealt with the general conflict of interest;
(d) if the member voted on the matter, the manner in which the member voted;
(e) the manner in which the majority of persons who were entitled to vote at the meeting voted on the matter.
(4) To avoid doubt, it is declared that non‑participation in a meeting of a council is not the only way in which a member of the council may appropriately deal in a transparent and accountable way with a general conflict of interest of the member in a matter to be discussed at the meeting.
75C—Dealing with material conflicts of interest
(1) If a member of a council has a material conflict of interest in a matter to be discussed at a meeting of the council, the member must—
(a) inform the meeting of the member's material conflict of interest in the matter; and
(b) leave the meeting room (including any area set aside for the public) such that the member cannot view or hear any discussion or voting at the meeting, and stay out of the meeting room while the matter is being discussed and voted on.
(2) However, a member of the council does not contravene subsection (1) by taking part in the meeting if the member—
(a) has been granted an approval under subsection (3); and
(b) complies with the conditions of the approval.
(3) The Minister may grant an approval in writing to a member of the council to take part in the meeting if—
(a) because of the number of members subject to the obligation under this section, conduct of the meeting would be obstructed if the approval were not given; and
(b) it appears to the Minister to be in the interests of the council's community and area.
(4) The Minister may grant an approval under subsection (3) subject to any conditions determined by the Minister.
(5) If a member of a council discloses a material conflict of interest in a matter to be discussed at a meeting of the council, the following details must be recorded in the minutes of the meeting:
(a) the member's name;
(b) the nature of the interest, as described by the member;
(c) if the member took part in the meeting under an approval under subsection (3), the fact that the member took part in the meeting.
75D—Application of Subdivision to members and meetings of committees and subsidiaries
(1) The provisions of this Subdivision extend to committees and to members of committees established by councils as if—
(a) a committee were a council; and
(b) a member of a committee were a member of a council.
(2) The provisions of this Subdivision extend to subsidiaries and to board members of subsidiaries as if—
(a) a subsidiary were a council; and
(b) a board member of a subsidiary were a member of a council.
(3) However—
(a) a member of a council committee, or a board member of a council subsidiary, who is also a member or employee of the council will not be regarded as having a conflict of interest in a matter to be discussed at a meeting of the committee or subsidiary (as the case requires) by reason only of the fact that the member is a member or employee of the council or constituent council; or
(b) a board member of a regional subsidiary who is also a member or employee of a constituent council will not be regarded as having a conflict of interest in a matter to be discussed at a meeting of the regional subsidiary if the relevant benefit or loss would be enjoyed or suffered in common with all or a substantial proportion of the constituent councils.
Chapter 5—before Part 5 insert:
Division 2—Member behaviour
75E—Behavioural standards
(1) The Minister may, by notice published in the Gazette and on a website determined by the Minister, establish standards (the
behavioural standards ) that—
(a) specify standards of behaviour to be observed by members of councils; and
(b) provide for any other matter relating to behaviour of members of councils.
(2) The behavioural standards may also specify requirements applying to behavioural support policies and behavioural management policies of councils.
(3) A member of a council must comply with the behavioural standards.
(4) The Minister may, by further notice published in the Gazette and on the website referred to in subsection (1), vary or substitute the behavioural standards.
(5) The Minister must, before establishing, varying or substituting the behavioural standards—
(a) consult with the LGA; and
(b) undertake such other consultation as the Minister thinks fit,
on the behavioural standards, variation or substitute behavioural standards (as the case may be).
(6) A notice published under subsection (1) or (4) may come into operation on the day on which it is published in the Gazette or on a later day or days specified in the notice.
(7) Sections 10 (other than subsection (1)) and 10A of the
Subordinate Legislation Act 1978 apply to a notice published under subsection (1) or (4) (and a reference in those provisions to a regulation will be taken to be a reference to a notice published under subsection (1) or (4) (as the case requires)).
75F—Council behavioural support policies
(1) A council may prepare and adopt policies designed to support appropriate behaviour by members of the council (
behavioural support policies ).(2) A behavioural support policy may—
(a) specify directions relating to behaviour that must be observed by members of the council; and
(b) set out guidelines relating to compliance by members with the behavioural standards and directions under paragraph (a); and
(c) include any other matter relating to behaviour of members considered appropriate by the council.
(3) A behavioural support policy—
(a) must not be inconsistent with the behavioural standards; and
(b) must comply with any requirement specified by the behavioural standards.
(4) A member of a council must comply with the council's behavioural support policies.
(5) A council may from time to time alter a behavioural support policy, or substitute a new policy.
(6) Before a council—
(a) adopts a behavioural support policy; or
(b) alters, or substitutes, a behavioural support policy,
the council must undertake public consultation on the behavioural support policy, alteration or substituted policy (as the case may be).
(7) A council must, within 6 months after the conclusion of each periodic election—
(a) in the case of a council that has 1 or more behavioural support policies in effect under this section—review the operation of the behavioural support policies and consider whether it should adopt additional behavioural support policies; or
(b) in any other case—consider whether it should adopt behavioural support policies.
Division 3—Health and safety duties
75G—Health and safety duties
(1) A member of a council must—
(a) take reasonable care that the member's acts or omissions do not adversely affect the health and safety of other members of council or employees of the council; and
(b) comply, so far as the member is reasonably able, with any reasonable direction that is given by a responsible person for the purposes of ensuring that the member's acts or omissions do not adversely affect the health and safety of other members of the council or employees of the council.
(2) For the purposes of subsection (1)(b), the
responsible person is—
(a) if the person whose health and safety may be adversely affected is an employee of the council—the chief executive officer of the council; or
(b) if the person whose health and safety may be adversely affected is the principal member of the council—the deputy or another member chosen by the council; or
(c) if the person whose health and safety may be adversely affected is another member or the chief executive officer of the council—
(i) unless subparagraph (ii) applies, the principal member of the council; or
(ii) if the relevant acts or omissions are those of the principal member of the council—the deputy or another member chosen by the council.
(3) Without limiting subsection (1)(b), a reasonable direction may include a direction that a member of a council not attend a meeting of the council or a council committee (and a member the subject of such a direction will be taken to have been granted leave of absence from attending council meetings for the duration of the direction).
(4) However, a reasonable direction under subsection (1)(b) that a member not attend a meeting of a council may only be given if there are no other reasonable directions considered appropriate in the circumstances to ensure the health and safety of the affected person.
(5) If a reasonable direction under subsection (1)(b) that a member not attend a meeting of a council is given, the responsible person must ensure that a complaint relating to the matter is referred to the Behavioural Standards Panel.
(6) This section is in addition to and does not limit the operation of the
Work Health and Safety Act 2012 .(7) In this section—
health has the same meaning as in theWork Health and Safety Act 2012 .
(1) Section 76(1)—delete "section" first occurring and substitute:
Act
(2) Section 76(3)—after paragraph (b) insert:
(ba) the ratio of members to ratepayers;
(3) Section 76(9)—delete "under a scheme prescribed by the regulations"
(4) Section 76(13)—delete "Minister from time to time after consultation with the President of the LGA and the President of the Tribunal" and substitute:
President of the Tribunal after consultation with the LGA
(5) Section 76—after subsection (13) insert:
(13a) The LGA may recover the reasonable costs incurred by the Remuneration Tribunal in making a determination under this section as a debt from the councils to which the determination relates.
Section 77(3) and (4)—delete subsections (3) and (4)
Section 78A—delete the section
Section 79(3) and (4)—delete subsections (3) and (4)
(1) Section 80A—delete subsection (2) and substitute:
(2) The policy—
(a) must be aimed at assisting members in the performance and discharge of their functions and duties; and
(b) must incorporate the prescribed mandatory requirements and comply with any other requirements prescribed by the regulations; and
(c) may specify other requirements relating to the conduct and completion of training and development by members.
(2a) A training and development policy of a council may make different provision according to different members of the council.
(2b) If a member of a council fails to comply with the prescribed mandatory requirements, the council must suspend the member from the office of member of the council, unless the member satisfies the council that there were good reasons for the failure to comply.
(2c) If a council suspends a member of the council under subsection (2b), the chief executive officer must give public notice of the suspension as soon as practicable after determining to suspend the member.
(2d) Despite any other Act or law, or any determination of the Remuneration Tribunal, a member of a council suspended under subsection (2b) is not entitled to an allowance under section 76, or reimbursement of expenses, or any other facility, service or form of support, that the member would otherwise be entitled to under this Act, during the period of suspension.
(2e) If a member of a council who is suspended under subsection (2b) as a result of failing to comply with the prescribed mandatory requirements satisfies the council that the member has complied with the prescribed mandatory requirements, the council must revoke the suspension and give public notice of the revocation.
(2f) If a member of a council is suspended under subsection (2b) for a continuous period of more than the prescribed period, the council must apply to SACAT for an order disqualifying the member from the office of member of the council under this Act.
(2g) If a member is disqualified under subsection (2f), the disqualification extends to all other offices held in the member's capacity as a member of the council or by virtue of being a member of the council.
(2h) The chief executive officer must maintain a register relating to training and development in accordance with the regulations.
(2i) A member of a council must, at the request of the chief executive officer, provide to the chief executive officer, within a period specified in the request, specified information, or information of a specified kind, relating to training and development by the member.
(2j) A member of a council must not contravene, or fail to comply with, a request under subsection (2i).
(2k) In this section—
prescribed mandatory requirements means the requirements prescribed by the regulations relating to training and development that must be completed by members of councils, which may include timeframes for the completion of such training and development.(2) Section 80A(4) and (5)—delete subsections (4) and (5)
After Chapter 5 Part 6 insert:
Part 7—Other matters
80B—Suspension—member of council subject to intervention order
(1) If—
(a) a member of a council is subject to a relevant interim intervention order where the person protected by the order is another member of the council, the council may suspend the member from the office of member of the council if the council considers it appropriate to do so; or
(b) a member of a council is subject to a relevant interim intervention order where the person protected by the order is an employee of the council, the chief executive officer of the council may suspend the member from the office of member of the council if the chief executive officer considers it appropriate to do so.
(2) A member of a council suspended under subsection (1) is entitled to an allowance under section 76 during the period of suspension.
(3) A council—
(a) must revoke a suspension under subsection (1)(a) if the relevant interim intervention order is revoked; and
(b) may revoke a suspension under subsection (1)(a) if the council considers it appropriate to do so.
(4) The chief executive officer of a council—
(a) must revoke a suspension under subsection (1)(b) if the relevant interim intervention order is revoked; and
(b) may revoke a suspension under subsection (1)(b) if the chief executive officer considers it appropriate to do so.
(5) If a member of a council is subject to a relevant final intervention order, the member is suspended from the office of member of the council.
(6) Despite any other Act or law, or any determination of the Remuneration Tribunal, a member of a council suspended under subsection (5) is not entitled to an allowance under section 76, or reimbursement of expenses, or any other facility, service or form of support, that the member would otherwise be entitled to under this Act, during the period of suspension.
(7) The chief executive officer of a council must, as soon as is reasonably practicable after becoming aware that a member of the council is subject to a relevant final intervention order, notify the member of the suspension under subsection (5).
(8) If a relevant final intervention order is revoked, the suspension under subsection (5) relating to the relevant final intervention order is revoked.
(9) If a member of a council is suspended under subsection (5) for a continuous period of more than the prescribed period, the council must apply to SACAT for an order disqualifying the member from the office of member of the council under this Act.
(10) If a member is disqualified under subsection (9), the disqualification extends to all other offices held in the member's capacity as a member of the council or by virtue of being a member of the council.
(11) In this section—
employee of a council includes—
(a) a consultant engaged by the council; and
(b) a person working for the council on a temporary basis;
final intervention order means a final intervention order (within the meaning of section 3(1) of theIntervention Orders (Prevention of Abuse) Act 2009 ) or a domestic violence order (other than an interim DVO) that is a recognised DVO under Part 3A of that Act;
interim intervention order means an interim intervention order (within the meaning of section 3(1) of theIntervention Orders (Prevention of Abuse) Act 2009 ) or an interim DVO that is a recognised DVO under Part 3A of that Act;
relevant final intervention order —a final intervention order to which a member of a council is subject is arelevant final intervention order if a person protected by the order is another member, or an employee, of the council;
relevant interim intervention order —an interim intervention order to which a member of a council is subject is arelevant interim intervention order if a person protected by the order is another member, or an employee, of the council.
(1) Section 83(6)(d)—delete "(eg facsimile transmission)"
(2) Section 83(8)—delete subsection (8)
(1) Section 84(1a)—delete subsection (1a) and substitute:
(1a) The chief executive officer must publicly display the notice required under subsection (1) at the principal office of the council and publish the notice and agenda for the meeting in accordance with section 132(1)(a).
(2) Section 84(3) and (4)—delete subsections (3) and (4) and substitute:
(3) The notice required under subsection (1) must be kept on public display and continue to be published in accordance with section 132(1)(a) until the completion of the relevant meeting.
(3) Section 84(5)(a)—delete "at the principal office of the council" and substitute:
on a website determined by the chief executive officer
Section 85—after subsection (1) insert:
(2) For the purposes of the definition of
prescribed number —
(a) a member of a council who is suspended from the office of member of the council; and
(b) a member of a council who is taken to have been granted leave of absence from the office of member of the council under section 55A,
is not to be counted in the total number of members of the council.
(1) Section 86—after subsection (6) insert:
(6a) A member of a council must not, while at a meeting—
(a) behave in an improper or disorderly manner; or
(b) cause an interruption or interrupt another member who is speaking.
(6b) If a member contravenes or fails to comply with subsection (6a), the presiding member may, in accordance with the regulations, direct that the member be excluded from the meeting room (including any area set aside for the public) such that the member cannot view or hear any discussion at the meeting, and remain out of the meeting room for a period (not exceeding 15 minutes) determined by the presiding member.
(6c) A member excluded from a meeting under subsection (6b) must comply with the direction and any requirements of the regulations in relation to the exclusion.
(6d) A matter must not be put to a vote at a meeting of a council while a member is excluded under subsection (6b).
(6e) Nothing in subsections (6a) to (6d) prevents the regulations from prescribing procedures authorising a council to resolve to censure a member of the council or exclude or suspend a member from a meeting in accordance with the regulations.
(2) Section 86(7)—delete subsection (7)
Section 87(11)(d)—delete "(eg facsimile transmission)"
(1) Section 88(1a)—delete subsection (1a) and substitute:
(1a) The chief executive officer must publicly display the notice required under subsection (1) at the principal office of the council and publish the notice and agenda for the meeting in accordance with section 132(1)(a).
(2) Section 88(3) and (4)—delete subsections (3) and (4) and substitute:
(3) The notice required under subsection (1) must be kept on public display and continue to be published in accordance with section 132(1)(a) until the completion of the relevant meeting.
(3) Section 88(5)—delete "at the principal office of the council" and substitute:
on a website determined by the chief executive officer
(1) Section 90(3)—after paragraph (n) insert:
(o) information relating to a proposed award recipient before the presentation of the award.
(2) Section 90(8) to (8e)—delete subsections (8) to (8e) (inclusive)
After section 90 insert:
90A—Information or briefing sessions
(1) A council, or the chief executive officer of a council, may hold or arrange for the holding of a session (not being a formal meeting of a council or council committee required to be held under this Chapter) to which more than 1 member of the council or a council committee is invited to attend or be involved in for the purposes of providing information or a briefing to attendees (an
information or briefing session ).(2) A matter must not be dealt with at a council information or briefing session in such a way as to obtain, or effectively obtain, a decision on the matter outside a formal meeting of the council or a council committee.
(3) A council information or briefing session must be conducted in a place open to the public during any period in which a matter that is, or is intended to be, on the agenda for a formal meeting of the council or a council committee is discussed at the session.
(4) However, the council or chief executive officer may order that an information or briefing session be closed to the public to the extent (and only to the extent) that the council or chief executive officer (as the case requires) considers it to be necessary and appropriate for a matter of a kind referred to in subsection (3) to be discussed in a session closed to the public in order to receive, discuss or consider in confidence any information or matter listed in section 90(3) (after taking into account any relevant consideration under that subsection).
(5) If an order is made under subsection (4), the council or chief executive officer (as the case requires) must, as soon as reasonably practicable after the making of the order, make a record of—
(a) the grounds on which the order was made; and
(b) the basis on which the information or matter to which the order relates falls within the ambit of each ground on which the order was made; and
(c) if relevant, the reasons that receipt, consideration or discussion of the information or matter publicly at the information or briefing session would be contrary to the public interest.
(6) If an information or briefing session is organised or held by a council or chief executive officer of a council, the following provisions apply:
(a) sections 90(5), (6) and (7a) apply to the information or briefing session as if it were a meeting of the council or council committee;
(b) a prescribed matter cannot be dealt with at an information or briefing session;
(c) a reference to a meeting or meetings in sections 94 and 95 includes a reference to an information or briefing session or sessions.
(7) A council or the chief executive officer of a council must comply with any requirements of the regulations relating to the following:
(a) the publication of prescribed information as soon as practicable after resolving or determining to hold an information or briefing session;
(b) the publication of prescribed information as soon as practicable after the holding of an information or briefing session.
(1) Section 91(4) to (6)—delete subsections (4) to (6) (inclusive)
(2) Section 91(7)—delete "However, subsections (4), (5) and (6) do" and substitute:
Section 132(1) does
Section 92(5) to (7)—delete subsections (5) to (7) (inclusive) and substitute:
(5) Before a council adopts, alters or substitutes a code of practice under this section it must undertake public consultation on the proposed code, alterations or substitute code (as the case may be).
(1) Section 93(2)—delete ", by advertisement in a newspaper circulating in the area, give notice" and substitute:
give public notice
(2) Section 93(6)(a)—delete "or deputy chairperson"
Section 94A—delete the section
(1) Section 97(1)(a)(i)—delete "been guilty of" and substitute:
committed
(2) Section 97—after subsection (3) insert:
(3a) Before terminating the appointment of a chief executive officer on a ground referred to in subsection (1)(a)(i), (iv) or (v) or (1)(b), a council must have regard to advice from a qualified independent person.
(3) Section 97—after subsection (5) insert:
(6) In this section—
qualified independent person means a person who is—
(a) not a member or employee of the council; and
(b) determined by the council to have appropriate qualifications or experience in human resource management.
(1) Section 98(3)—delete "in a newspaper circulating throughout the State" and substitute:
on a website determined by the council
(2) Section 98—after subsection (4) insert:
(4a) The council must ensure that either or both of the following applies to the process for appointing a chief executive officer under this section:
(a) the council appoints at least 1 person who is not a member or employee of the council to the selection panel;
(b) before making the appointment to the office of chief executive officer, the council obtains and considers the advice of a qualified independent person on the assessment of applications and recommendations on the appointment under subsection (4) (and that advice may include recommendations to the council on the appointment).
(3) Section 98—after subsection (6) insert:
(7) In this section—
qualified independent person means a person who is—
(a) not a member or employee of the council; and
(b) determined by the council to have appropriate qualifications or experience in human resource management.
Section 99(1)—after paragraph (i) insert:
(ia) to ensure that effective policies, systems and procedures are established and maintained for the identification, assessment, monitoring, management and annual review of strategic, financial and operational risks;
(ib) to report annually to the relevant audit and risk committee on the council's internal audit processes;
After section 99 insert:
99A—Remuneration of chief executive officer
(1) Subject to this section, the remuneration of the chief executive officer of a council will be determined by the council.
(2) The Remuneration Tribunal will determine (from time to time) the minimum and maximum remuneration that may be paid or provided to chief executive officers of councils.
(3) In making a determination under subsection (2), the Remuneration Tribunal must have regard to any matter prescribed by the regulations.
(4) A determination under subsection (2)—
(a) may differ based on any factor including, for example, the geographical location of a council or group of councils (such that different minimum and maximum remuneration may be paid or provided to chief executive officers from different councils); and
(b) may provide for minimum and maximum remuneration that may be paid or provided to chief executive officers to be indexed in accordance with the determination.
(5) The regulations—
(a) may make further provision in relation to a determination of the Remuneration Tribunal for the purposes of this section; and
(b) may modify the application of section 10 of the
Remuneration Act 1990 in relation to a determination under this section.(6) Sections 17 and 19 of the
Remuneration Act 1990 do not apply in relation to a determination under this section.(7) A reference in the
Remuneration Act 1990 to determining remuneration payable in respect of an office will, for the purposes of this section, be taken to include a reference to determining the minimum and maximum remuneration payable in respect of the office.(8) Despite any other Act or law, the reasonable costs of the Remuneration Tribunal in making a determination under this section are to be paid by the LGA under an arrangement determined by the Minister from time to time after consultation with the LGA and the President of the Tribunal.
(9) The LGA may recover the reasonable costs incurred by the Remuneration Tribunal in making a determination under this section as a debt from the councils to which the determination relates.
(10) A council must ensure that the remuneration of its chief executive officer is within the relevant minimum and maximum remuneration determined by the Remuneration Tribunal for the purposes of this section.
After section 102 insert:
102A—Chief executive officer—performance review
(1) A council must review the performance of its chief executive officer—
(a) at least once in each year that the chief executive officer holds office as chief executive officer; and
(b) if relevant, before reappointment of the chief executive officer.
(2) The council must obtain and consider the advice of a qualified independent person on a review under subsection (1).
(3) In this section—
qualified independent person means a person who is—
(a) not a member or employee of the council; and
(b) determined by the council to have appropriate qualifications or experience in human resource management.
Section 105(3) and (4)—delete subsections (3) and (4)
Section 107(2)—after paragraph (f) insert:
(fa) that employees are protected from sexual harassment by members of the council or other employees and that appropriate processes exist for dealing with complaints of employees relating to sexual harassment; and
Heading to Chapter 7 Part 4—delete the heading and substitute:
Part 4—Employee integrity and behaviour
Heading to Chapter 7 Part 4 Division 1—delete the heading and substitute:
Division 1—Employee integrity
Before section 108 insert:
Subdivision 1—General
Section 108—delete "Division" and substitute:
Subdivision
Section 109—after subsection (2) insert:
(3) An employee of a council must comply with the integrity provisions relating to employees.
(4) Contravention of, or failure to comply with, an integrity provision by an employee of a council constitutes a ground for suspending, dismissing or taking other disciplinary action against the employee.
Section 110—delete the section
Section 110A(1)—delete subsection (1) and substitute:
(1) An employee or former employee of a council must not disclose information or a document—
(a) in relation to which there is an order of a council or council committee in effect under section 90 or 91(7) requiring the information or document to be treated confidentially; or
(b) that the employee or former employee knows, or ought reasonably to know, is information or a document that is otherwise required to be treated confidentially.
Heading to Chapter 7 Part 4 Division 2—delete the heading and substitute:
Subdivision 2—Register of Interests
Chapter 7 Part 4 Division 2—delete "Division" wherever occurring and substitute in each case:
Subdivision
Section 117, penalty provision—delete the penalty provision
Section 119(1), penalty provision—delete the penalty provision
Chapter 7 Part 4—after section 119 insert:
Subdivision 2A—Gifts and benefits
119A—Register of gifts and benefits
(1) An employee of a council must not seek out or receive a gift or benefit that is, or could reasonably be taken to be, intended or likely to create a sense of obligation to a person on the part of the employee or influence the employee in the performance or discharge of the employee's functions or duties.
(2) If an employee of a council receives a gift or benefit of an amount greater than the amount determined by the Minister (from time to time), by notice in the Gazette, the employee must provide details of the gift or benefit to the chief executive officer of the council in accordance with any requirements of the chief executive officer.
(3) The Minister must consult with the LGA before publishing a notice under subsection (2).
(4) The chief executive officer of a council must maintain a register of gifts and benefits received by employees of the council and must ensure that the details of each gift and benefit provided under this section are included in the register.
(5) A register maintained under this section—
(a) need not include information available in another register published by, or available for inspection at, the council or otherwise available under the Act; and
(b) may include information by reference to another register or document, provided the register or document is published by, or available for inspection at, the council and the register maintained under this clause identifies that other register or document.
(6) For the purposes of this section, a gift or benefit received by a designated person or entity in relation to an employee of a council will be treated as a gift or benefit (as the case requires) received by the employee.
(7) For the purposes of this section—
(a) 2 or more separate gifts or benefits received by an employee or a designated person or entity in relation to the employee from the same person during a financial year are to be treated as 1 gift or benefit (as the case requires) received by the employee; and
(b) 2 or more separate transactions to which an employee or a designated person or entity in relation to the employee is a party with the same person during a financial year under which the employee or the designated person has had the use of property of the other person (whether or not being the same property) during a financial year are to be treated as 1 transaction under which the employee has had the use of property of the other person during the financial year.
(8) Unless the contrary intention appears, terms and expressions used in this section and in Schedule 3 have the same respective meanings in this section as they have in that Schedule, provided that a reference in Schedule 3 to a member will be taken, for the purposes of this clause, to be a reference to an employee.
Heading to Chapter 7 Part 4 Division 3—delete the heading and substitute:
Subdivision 3—Conflict of interest
(1) Section 120(1), penalty provision—delete the penalty provision
(2) Section 120(2), penalty provision—delete the penalty provision
(3) Section 120(4), penalty provision—delete the penalty provision
(4) Section 120(6)—after paragraph (b) insert:
(ba) a family company of the employee (within the meaning of Schedule 3); or
(bb) a family trust of the employee (within the meaning of Schedule 3); or
(5) Section 120(6)(f)—delete paragraph (f) and substitute:
(f) if that person is a person with whom the employee has entered into, is seeking to enter into, or is otherwise involved in a negotiation or tendering process in connection with entering into, an agreement for the provision of professional or other services for which the employee would be entitled to receive a fee, commission or other reward; or
Chapter 7 Part 4—after section 120 insert:
Division 2—Employee behaviour
120A—Behavioural standards
(1) A council may prepare and adopt standards (the
employee behavioural standards ) that—
(a) specify standards of behaviour to be observed by employees of councils; and
(b) provide for any other matter relating to behaviour of employees of councils.
(2) An employee behavioural standard must not diminish a right or employment condition under an Act, award, industrial agreement or contract of employment.
(3) An employee of a council must comply with the council's employee behavioural standards.
(4) A council may from time to time alter its employee behavioural standards, or substitute new employee behavioural standards.
(5) Before a council—
(a) adopts employee behavioural standards; or
(b) alters, or substitutes, its employee behavioural standards,
the council must consult with any registered industrial association that represents the interests of employees of councils on the employee behavioural standards, alteration or substituted standards (as the case may be).
(6) A council must, within 6 months after the conclusion of each periodic election—
(a) in the case of a council that has employee behavioural standards in effect under this section—review the operation of the employee behavioural standards; or
(b) in any other case—consider whether it should adopt employee behavioural standards.
(1) Section 122(1a)(a)—delete "for a period of at least 10 years; and" and substitute:
that relates to a period of at least 10 years and includes a funding plan that—
(i) outlines the council's approach to funding services and infrastructure of the council; and
(ii) sets out the council's projected total revenue for the period to which the long‑term financial plan relates; and
(iii) outlines the intended sources of that total revenue (such as revenue from rates, grants and other fees and charges); and
(2) Section 122—after subsection (1b) insert:
(1c) A council must, once in every prescribed period (which must be not less than a period of 3 years), in accordance with a determination of the designated authority, provide information relating to its long‑term financial plan and infrastructure and asset management plan to the designated authority in accordance with subsection (1e).
(1d) For the purposes of subsection (1c), the designated authority may determine a schedule relating to each prescribed period that requires different councils to provide information in different financial years of that period (and the financial year in which a particular council is required to provide information according to the schedule is the
relevant financial year for that council).(1e) A council must, on or before 30 September in the relevant financial year for the council, provide to the designated authority all relevant information on the following matters (the
relevant matters ) in accordance with guidelines determined by the designated authority (if any):(a) material amendments made or proposed to be made to the council's long‑term financial plan and infrastructure and asset management plan and the council's reasons for those amendments;
(b) revenue sources outlined in the funding plan referred to in subsection (1a)(a);
(c) any other matter prescribed by the regulations.
(1f) Following the provision of information by a council under subsection (1e), the designated authority, on or before 28 February in the relevant financial year for the council—
(a) must provide advice to the council on the appropriateness of the relevant matters in the context of the council's long‑term financial plan and infrastructure and asset management plan; and
(b) may, if the designated authority considers it appropriate having regard to the circumstances of a particular council, provide advice in relation to any other aspect of the council's long‑term financial plan and infrastructure and asset management plan.
(1g) In providing advice under this section, the designated authority—
(a) must have regard to the following objectives:
(i) the objective of councils maintaining and implementing long‑term financial plans and infrastructure and asset management plans;
(ii) the objective of ensuring that the financial contributions proposed to be made by ratepayers under the council's long‑term financial plan and infrastructure and asset management plan are appropriate and any material amendments made or proposed to be made to these plans by the council are appropriate; and
(b) may have regard to any information or matter the designated authority considers relevant (whether or not such information or matter falls within the ambit of subsection (1e)).
(1h) A council must ensure that the advice provided by the designated authority under this section, and any response of the council to that advice, is published in its annual business plan (both the draft and adopted annual business plan) in the relevant financial year and each subsequent financial year (until the next relevant financial year for that council).
(1i) For the purposes of the preceding provisions, the designated authority must publish the following:
(a) advice provided to a council under this section;
(b) the schedule determined under subsection (1d);
(c) any guidelines determined under subsection (1e).
(1j) The designated authority may, by written notice, require a council to give the designated authority, within a time and in a manner stated in the notice (which must be reasonable), information in the council's possession that the designated authority reasonably requires for the performance of the designated authority's functions under this section.
(1k) The designated authority may recover from a council (as a debt due from the council) the costs reasonably incurred by the designated authority in performing its functions under this section in relation to the council.
(3) Section 122—after subsection (3) insert:
(3a) The regulations may prescribe additional requirements with respect to strategic management plans.
(4) Section 122(4)(a)—delete "as soon as practicable after adopting the council's annual business plan for a particular financial year" and substitute:
(ii) in relation to a candidate in an election who was a new candidate and when they became a candidate in the election was a member of the council by virtue of having been appointed under Chapter 3 of the
Local Government Act 1999 —on the day on which the person was so appointed as a member of the council; or(iii) in relation to a candidate in an election who was not a new candidate—at the end of 21 days after polling day for the last preceding election in which the person was a candidate,
and that ended, in any of the above cases, at the end of 21 days after polling day for the election; and
(b) a candidate is a
new candidate , in relation to an election, if the person had not been a candidate in the last general election of a council and had not been a candidate at a supplementary election held after the last general election of a council; and(c) two or more gifts (excluding private gifts) made by the same person to a candidate during the disclosure period are to be treated as 1 gift; and
(d) a gift made to a candidate is a
private gift if it is made in a private capacity to the candidate for their personal use and the candidate has not used, and will not use, the gift solely or substantially for a purpose related to an election.
182—Amendment of section 82—Certain gifts not to be received Section 82(3)(b)(i)—delete ", other than a registered industrial organisation"
183—Amendment of section 83—Inability to complete return Section 83(c)—delete "chief executive" and substitute:
returning
(1) Section 84(1)—delete "chief executive" and substitute:
returning
(2) Section 84(2)(b)—delete "chief executive" and substitute:
returning
(3) Section 84(3)—delete "chief executive" wherever occurring and substitute in each case:
returning
185—Amendment of section 86—Failure to comply with Division
(1) Section 86(1)—delete "chief executive" and substitute:
returning
(2) Section 86(3)—delete "(However, the office of a member of a council who fails to submit a return may become vacant under Chapter 5 Part 2 of the
Local Government Act 1999 .)
Note— The following Note will be inserted at the foot of section 86(3):
"Note— The office of a member of a council who fails to submit a return may become vacant under Chapter 5 Part 2 of the
Local Government Act 1999 ."
186—Amendment of section 87—Public inspection of returns
(1) Section 87(1) to (4)—delete subsections (1) to (4) (inclusive) and substitute:
(1) The returning officer must keep at their principal office each return furnished to the returning officer under Division 1.
(2) The returning officer must—
(a) in the case of a large gifts return—within the prescribed period after the return is received by the returning officer; and
(b) in the case of a campaign donations return required to be furnished at the prescribed time applying under section 80(3)(a)—within 7 days after that prescribed time; and
(c) in the case of a campaign donations return required to be furnished at the prescribed time applying under section 80(3)(b)—within 8 weeks after that prescribed time,
make a copy of each return available on a website maintained by the returning officer.
(2) Section 87(5)—delete "chief executive" and substitute:
returning
187—Amendment of section 89—Requirement to keep proper records Section 89(2)—delete "chief executive officer of the council" and substitute:
returning officer
188—Amendment of section 91A—Conduct of council during election period
(1) Section 91A—delete subsection (2) and substitute:
(2) Subject to this section, the caretaker policy must, as a minimum—
(a) prohibit the making of a designated decision; and
(b) prohibit the use of council resources for the advantage of a particular candidate or group of candidates,
during the election period.
(2a) Nothing in subsection (2)(b) prevents a caretaker policy from allowing the equal use of council resources by all candidates for election.
(2) Section 91A(8), definition of
designated decision , (d)—delete paragraph (d)
Section 93—after subsection (1) insert:
(1a) The regulations may provide that a matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Electoral Commissioner or any prescribed authority.
Section 4, after the definition of
council member insert:
default person , in respect of a body corporate or group, means an eligible person who has been nominated by the chief executive officer under Schedule 1 clause 3B(1) to vote on behalf of the body corporate or group in an election or poll;
eligible person , in respect of a body corporate or group, means a natural person, of or above the age of majority, who is—
(a) in the case of a body corporate—an officer of the body corporate who is authorised to act on behalf of the body corporate for the purposes of voting; or
(b) in the case of a group—a member of the group, or an officer of a body corporate that is a member of the group, who is authorised to act on behalf of the group for the purposes of voting,
and who is not already on the voters roll or otherwise entitled to be enrolled on the voters roll;
nominated person , in respect of a body corporate or group, means an eligible person who has been nominated by the body corporate or group under Schedule 1 clause 3A(3) or 3C(2) to vote on behalf of the body corporate or group in an election or poll.
191—Amendment of section 20—Constitution of Council Section 20(3)—delete subsection (3)
(1) Section 21—delete "The" and substitute:
Subject to this Act, the
(2) Section 21—after "Lord Mayor" first occurring insert:
as leader of the council
(3) Section 21(a) and (b)—delete paragraphs (a) and (b) and substitute:
(a) as the principal member of the Council—
(i) to provide leadership and guidance to the Council; and
(ii) to lead the promotion of positive and constructive working relationships among members of the council; and
(iii) to provide guidance to council members on the performance of their role, including on the exercise and performance of their official functions and duties; and
(iv) to support council members' understanding of the separation of responsibilities between elected representatives and employees of the council; and
(v) to preside at meetings of the Council; and
(vi) to liaise with the chief executive officer on the implementation of decisions of the Council between Council meetings (as necessary); and
(vii) to act as the principal spokesperson of the Council; and
(viii) to exercise other functions of the Council as the Council determines; and
(b) as the principal elected member of the Council representing the capital city of South Australia—
(i) to provide leadership and guidance to the City of Adelaide community; and
(ii) to participate in the maintenance of inter‑governmental relationships at regional, State and national levels; and
(iii) to carry out civic and ceremonial duties associated with the office of Lord Mayor.
(1) Section 22(1)(a)—delete paragraph (a) and substitute:
(a) as a member of the governing body of the Council—
(i) to act with integrity; and
(ii) to ensure positive and constructive working relationships within the Council; and
(iii) to recognise and support the role of the Lord Mayor under the Act; and
(iv) to develop skills relevant to the role of a member of the Council and the functions of the Council as a body; and
(v) to participate in the deliberations and activities of the Council; and
(vi) to provide community leadership and guidance to the City of Adelaide community and to participate in achieving a vision for the desired future of the City through the formulation of strategic plans and policies; and
(vii) to keep the Council's goals and policies under review to ensure that they are appropriate and effective; and
(viii) to keep the Council's resource allocation, expenditure and activities, and the efficiency and effectiveness of its service delivery, under review; and
(ix) to participate in the oversight of the chief executive officer's performance under the Council's contract with the chief executive officer; and
(x) to serve the overall public interest of the City of Adelaide; and
(2) Section 22(1)(b)—after "ratepayers" insert:
of the Council
(1) Section 24(1)—delete "section" first occurring and substitute:
Act
(2) Section 24(9)—delete "under a scheme prescribed by the regulations"
(3) Section 24(13)—delete "Minister from time to time after consultation with the President of the LGA and the President of the Tribunal" and substitute:
President of the Tribunal after consultation with the LGA
(4) Section 24—after subsection (13) insert:
(13a) The LGA may recover the reasonable costs incurred by the Remuneration Tribunal in making a determination under this section as a debt from the Council.
195—Amendment of section 27—Role of chief executive officer Section 27—after paragraph (j) insert:
(ja) to ensure that effective policies, systems and procedures are established and maintained for the identification, assessment, monitoring, management and annual review of strategic, financial and operational risks;
(jb) to report annually to the relevant audit and risk committee on the Council's internal audit processes;
196—Amendment of Schedule 1—Special provisions for elections and polls
(1) Schedule 1, clause 3(2)(a) and (b)—delete paragraphs (a) and (b) and substitute:
(a) in the case of a natural person—the full name of the person and the address of the person's place of residence; and
(b) in the case of a body corporate or group—
(i) the full name of the body corporate or group; and
(ii) —
(A) if the body corporate or group has nominated an eligible person under clause 3A(3) or 3C(2)—the full name and date of birth of the nominated person for the body corporate or group; or
(B) if a default person has been nominated for the body corporate or group under clause 3B(1)—the full name and date of birth of the default person for the body corporate or group; and
(2) Schedule 1, clause 3—after subclause (2) insert:
(2a) The chief executive officer must redact the full name and date of birth of a default person for a body corporate or group from any copy of the voters roll available for inspection by the public or provided to any person (other than a copy of the voters roll supplied to the returning officer in accordance with subclause (16)).
(3) Schedule 1, clause 3(10)—delete "must, within 7 days after a closing date, supply the chief executive officer with a list of the persons who are, as at the closing date, enrolled (including those provisionally enrolled) as electors for the House of Assembly in respect of a place of residence within the area." and substitute:
—
(a) must, within 7 days after a closing date; and
(b) may, at any other time,
supply the chief executive officer with a list of the persons who are, as at the closing date or relevant time, enrolled (including those provisionally enrolled) as electors for the House of Assembly in respect of a place of residence within the area.
(4) Schedule 1, clause 3(13), dot point—delete the dot point
(5) Schedule 1, clause 3—after subclause (13) insert:
(13a) For the purposes of subclause (13), a voters roll will be taken to have been brought up‑to‑date when copies of the roll are available for public inspection under this clause.
(6) Schedule 1, clause 3(15)—delete "in printed form" wherever occurring
(7) Schedule 1, clause 3—after subclause (19) insert:
(20) If a copy of the voters roll is provided to a person under this clause, a person who uses that copy of the roll, or information contained in that copy of the roll, for a purpose other than the distribution of matter calculated to affect the result of a local government election or a purpose related to the holding of such an election is guilty of an offence.
Maximum penalty: $10 000.
(8) Schedule 1—after clause 3 insert:
3A—Nominating person to vote on behalf of body corporate or group
(1) The chief executive officer must, by notice in writing to each body corporate and group on the voters roll, request that the body corporate or group nominate, in the form determined by the Electoral Commissioner (the
nomination form ), an eligible person to vote on its behalf.(2) The notice in subclause (1) must—
(a) be issued to each body corporate or group—
(i) in the case of a periodic election—not later than 7 weeks before the relevant closing date; or
(ii) in the case of any other election, or a poll—not later than 4 weeks before the relevant closing date; and
(b) enclose the nomination form.
(3) A body corporate or group may nominate an eligible person to vote on its behalf by providing the completed nomination form to the chief executive officer by the relevant closing date.
3B—Nominating default person to vote on behalf of body corporate or group
(1) If the chief executive officer has not received a nomination under clause 3A(3) by the relevant closing date, or the person nominated is not an eligible person, the chief executive officer must—
(a) in the case of a body corporate—nominate the first officer of the body corporate (to be taken alphabetically); or
(b) in the case of a group—nominate the first member of the group or officer of a body corporate that is a member of the group (to be taken alphabetically) (as the chief executive officer thinks fit),
to vote on behalf of the body corporate or group (a
default person ).
(2) Despite subclause (1), the chief executive officer must not nominate a person under that subclause if the person is already on the voters roll or otherwise entitled to be enrolled on the voters roll.
(3) For the purposes of subclause (1), the chief executive officer may—
(a) in the case of a body corporate (including a body corporate that is a member of a group)—use the most recent information that is available after the relevant closing date from the Australian Securities and Investments Commission concerning the name and age of the persons specified in that subclause; or
(b) in the case of a group—use the most recent information held by the council after the relevant closing date concerning the name and age of the persons specified in that subclause.
3C—Notice of default person and further nomination of person to vote on behalf of body corporate or group
(1) The chief executive officer must, within 14 days after the relevant closing date, give notice in writing to each body corporate or group enrolled on the voters roll in respect of which there is no nominated person—
(a) if a default person has been nominated by the chief executive officer under clause 3B(1)—of the name of the default person; or
(b) if a default person has not been nominated—that no default person has been nominated,
and of the option for the body corporate or group to nominate an eligible person (if any) in the form determined by the Electoral Commissioner (the
nomination form ) and within the prescribed period.
(2) A body corporate or group may nominate an eligible person to vote on its behalf by providing the completed nomination form to the chief executive officer within the prescribed period.
(3) If the chief executive officer does not receive a nomination from the body corporate or group within the prescribed period, or receives a nomination but the person nominated is not an eligible person—
(a) where a default person has been nominated under clause 3B(1)—the default person remains the person nominated to vote on behalf of the body corporate or group; or
(b) where a default person has not been nominated—no person is nominated to vote on behalf of the body corporate or group (and ballot papers will not be issued to the body corporate or group under clause 18).
(4) In this clause—
prescribed period means 21 days after the relevant closing date.(9) Schedule 1, clause 4(3) to (5)—delete subclauses (3) to (5) (inclusive) and substitute:
(3) A natural person is entitled to vote at an election or poll for a body corporate or group which has its name on the voters roll if—
(a) the natural person is the nominated person on the voters roll for the body corporate or group; or
(b) the natural person is the default person on the voters roll for the body corporate or group.
(10) Schedule 1, clause 5(1)(a)—delete paragraph (a) and substitute:
(a) the person is an Australian citizen; and
(11) Schedule 1, clause 5(5)—delete subclause (5)
(12) Schedule 1, clause 18(1)—delete subclause (1) and substitute:
(1) Subject to subclause (1a), the returning officer must, as soon as practicable after the twenty eighth day before polling day, and in any event not later than 21 days before polling day, issue to every natural person, body corporate or group who or which has their or its name on the voters roll used for the purposes of the election or poll postal voting papers consisting of—
(a) a ballot paper (or, in an appropriate case, ballot papers) authenticated to the satisfaction of the returning officer; and
(b) an opaque envelope bearing a declaration (in a form determined by the Electoral Commissioner), to be completed by the voter, declaring the voter's date of birth and—
(i) that the ballot paper contained in the envelope contains their vote; and
(ii) that they have not already voted at the election or poll; and
(iii) if the voting papers are issued to a body corporate or group—
(A) the voter's full name; and
(B) that the voter is the nominated person or default person for the body corporate or group.
(1a) Postal voting papers must not be issued under this clause to a body corporate or group which has its name on the voters roll for the election or poll if there is no nominated person or default person for the body corporate or group.
(13) Schedule 1, clause 18(4)—delete subclause (4) and substitute:
(4) Postal voting papers must also be issued to any person, body corporate or group of persons whose name does not appear on the voters roll but who claims to be entitled to vote at the election or poll and applies to the returning officer for voting papers not later than 5 pm on the seventh day before polling day.
(14) Schedule 1, clause 18(7)—delete "Postal" and substitute:
Subject to subclause (1a), postal
(15) Schedule 1, clause 19(2)(a)(iii)—delete "voting on behalf of a body corporate or group of persons in accordance with this Schedule" and substitute:
the nominated person or default person for a body corporate or group
(16) Schedule 1, clause 19(2)(a)(iv)—delete subparagraph (iv)
(17) Schedule 1, clause 22, definition of
registered industrial organisation —delete the definition(18) Schedule 1, clause 23—delete the clause and substitute:
23—Returns for candidates
(1) A person who is a candidate for election to an office of the Adelaide City Council must furnish to the returning officer, in accordance with the requirements of this Part—
(a) at the prescribed times—a campaign donations return under this Division; and
(b) within 30 days after the conclusion of the election—a campaign expenditure return under this Division; and
(c) within the period applying under clause 24A(1)—a large gifts return under this Division.
(2) A return under this Division must be in the form determined by the returning officer and completed and furnished in the manner determined by the returning officer.
(3) For the purposes of this clause, the
prescribed times for furnishing a campaign donations return are—
(a) within 7 days of the end of the period commencing from the start of the disclosure period for the election (within the meaning of clause 24B(a)) and ending—
(i) in the case of a periodic election—21 days after the close of nominations; or
(ii) in any other case—7 days after the close of nominations; and
(b) within 30 days after the conclusion of the election.
(19) Schedule 1, clause 24(1)—after "this clause" insert:
and clause 24B
(20) Schedule 1, clause 24(1)(e)—delete ", other than a registered industrial organisation"
(21) Schedule 1, clause 24(2)—after paragraph (b) insert:
or
(c) a gift disclosed in a large gifts return under clause 24A.
(22) Schedule 1, clause 24(3)—delete subclause (3)
(23) Schedule 1—after clause 24 insert:
24A—Large gifts returns
(1) If—
(a) a candidate for election to an office of the Adelaide City Council receives a gift or gifts from a person during the disclosure period; and
(b) the total amount or value of the gift or gifts is more than the prescribed amount,
the candidate must, within the prescribed period, furnish a return to the returning officer.
(2) A large gifts return must set out—
(a) the amount or value of each gift; and
(b) the date on which each gift was made; and
(c) —
(i) if the gift or gifts were made on behalf of the members of an unincorporated association—
(A) the name of the association; and
(B) the names and addresses of the members of the executive committee (however described) of the association; or
(ii) if the gift or gifts were purportedly made out of a trust fund or out of the funds of a foundation—
(A) the names and addresses of the trustees of the fund or of the funds of the foundation; and
(B) the title or other description of the trust fund or the name of the foundation, as the case requires; or
(iii) in any other case—the name and address of the person who made the gift or gifts.
(3) A large gifts return need not be furnished in respect of a private gift made to the candidate.
24B—Disclosure period etc for returns For the purposes of clauses 24 and 24A—
(a) the
disclosure period is the period that commenced—
(i) in relation to a candidate in an election who was a new candidate (other than a candidate referred to in subparagraph (ii))—12 months before polling day for the election; or
(ii) in relation to a candidate in an election who was a new candidate and when they became a candidate in the election was a member of the Council by virtue of having been appointed under the
Local Government Act 1999 —on the day on which the person was so appointed as a member of the Council; or(iii) in relation to a candidate in an election who was not a new candidate—at the end of 21 days after polling day for the last preceding election in which the person was a candidate,
and that ended, in any of the above cases, at the end of 21 days after polling day for the election; and
(b) a candidate is a
new candidate , in relation to an election, if the person had not been a candidate in the last general election of a council and had not been a candidate at a supplementary election held after the last general election of a council; and(c) 2 or more gifts (excluding private gifts) made by the same person to a candidate during the disclosure period are to be treated as 1 gift; and
(d) a gift made to a candidate is a
private gift if it is made in a private capacity to the candidate for their personal use and the candidate has not used, and will not use, the gift solely or substantially for a purpose related to an election.(24) Schedule 1, clause 26(3)(b)(i)—delete ", other than a registered industrial organisation"
(25) Schedule 1, clause 27(c)—delete "chief executive" and substitute:
returning
(26) Schedule 1, clause 28(1)—delete "chief executive" and substitute:
returning
(27) Schedule 1, clause 28(2)(b)—delete "chief executive" and substitute:
returning
(28) Schedule 1, clause 28(3)—delete "chief executive" wherever occurring and substitute in each case:
returning
(29) Schedule 1, clause 30(1)—delete "chief executive" and substitute:
returning
Note— The following Note will be inserted at the foot of clause 30(3):
"Note— The office of a member of a council who fails to submit a return may become vacant under Chapter 5 Part 2 of the
Local Government Act 1999 ."(30) Schedule 1, clause 31(1) to (4)—delete subclauses (1) to (4) (inclusive) and substitute:
(1) The returning officer must keep at their principal office each return furnished to the returning officer under Division 2.
(2) The returning officer must—
(a) in the case of a large gifts return—within the prescribed period after the return is received by the returning officer; and
(b) in the case of a campaign donations return required to be furnished at the prescribed time applying under clause 23(3)(a)—within 7 days after that prescribed time; and
(c) in the case of a campaign donations return required to be furnished at the prescribed time applying under clause 23(3)(b)—within 8 weeks after that prescribed time; and
(d) in any other case—at the end of 8 weeks after the day before which the return was required to be furnished to the returning officer,
make a copy of each return available on a website maintained by the returning officer.
(31) Schedule 1, clause 31(5)—delete "chief executive" and substitute:
returning
(32) Schedule 1, clause 33(2)—delete "chief executive officer of the Council" and substitute:
returning officer
Part 5—Amendment of Crown Land Management Act 2009
After section 20 insert:
20A—Revocation of dedicated land classified as community land If, in relation to dedicated land that is classified as community land under Chapter 11 Part 1 Division 3 of the
Local Government Act 1999 (relevant land )—
(a) the dedication of the relevant land is revoked under section 19; or
(b) the relevant land is withdrawn from the care, control and management of a council under section 20,
the classification of the relevant land as community land under the
Local Government Act 1999 is taken to be revoked (and such revocation has effect for the purposes of theLocal Government Act 1999 ).
Section 87(6e)—delete "an officer or employee of the council." and substitute:
—
(a) an officer or employee of the council; or
(b) another member of the council.
Part 7—Amendment of Independent Commissioner Against Corruption Act 2012
199—Amendment of section 5—Corruption, misconduct and maladministration Section 5(6)—delete subsection (6) and substitute:
(6) A reference in subsection (3) to a code of conduct does not include—
(a) any statement of principles applicable in relation to the conduct of members of Parliament; or
(b) the behavioural standards, a behavioural management policy or behavioural support policy, or the employee behavioural standards under the
Local Government Act 1999 .(7) To avoid doubt, the integrity provisions of the
Local Government Act 1999 (within the meaning of section 4(1) of that Act) will—
(a) as they relate to members of councils, be taken to be a code of conduct for members of councils for the purposes of this Act; and
(b) as they relate to employees of councils, be taken to be a code of conduct for employees of councils for the purposes of this Act.
Part 8—Amendment of Planning, Development and Infrastructure Act 2016
200—Amendment of section 83—Panels established by joint planning boards or councils Section 83—after subsection (2) insert:
(2a) Despite subsection (1)(e), a member of a council appointed as a member of an assessment panel is not required to disclose their financial interests in accordance with Schedule 1 while the member holds office as a member of a council.
201—Amendment of section 84—Panels established by Minister Section 84—after subsection (1) insert:
(1a) Despite subsection (1)(f), a member of a council appointed as a member of an assessment panel is not required to disclose their financial interests in accordance with Schedule 1 while the member holds office as a member of a council.
Part 9—Amendment of Public Finance and Audit Act 1987
Section 4(1), definition of
authorised officer —delete "or to make an examination" and substitute:or review, or to make an examination,
203—Amendment of section 30—Obligation to assist Auditor-General Section 30—delete "or making an examination" and substitute:
or review, or making an examination,
204—Amendment of section 32—Audit etc of publicly funded bodies and projects and local government indemnity schemes
(1) Section 32(1)—delete subsection (1) and substitute:
(1) The Auditor-General may—
(a) audit the accounts of a publicly funded body and the controls exercised by a publicly funded body in relation to the receipt, expenditure and investment of money, the acquisition and disposal of property and the incurring of liabilities; or
(b) examine or review the accounts of a publicly funded body; or
(c) review the efficiency, economy and effectiveness of the activities of a publicly funded body; or
(d) examine or review accounts relating to a publicly funded project and review the efficiency, economy and effectiveness of the project; or
(e) examine or review accounts relating to a local government indemnity scheme and review the efficiency, economy and effectiveness of the scheme.
(2) Section 32(1a)—before "examination" wherever occurring insert in each case:
audit, review or
(3) Section 32(1b)—before "examination" insert:
audit, review or
(4) Section 32—after subsection (1b) insert:
(1c) A person to whom information or a document is provided by the Auditor‑General or an authorised officer in connection with an audit, review or examination under this section must not disclose the information or document except as authorised under subsection (1d).
Maximum penalty: $5 000 or imprisonment for 2 years.
(1d) Information or a document may be disclosed if—
(a) the disclosure is made with the consent of the person who provided the information; or
(b) the disclosure is authorised or required under any other Act or law; or
(c) the disclosure is authorised or required by a court or tribunal constituted by law; or
(d) the disclosure is authorised by regulation.
(1e) A person to whom a document containing a summary of findings of the Auditor‑General is provided in connection with an audit, review or examination under this section must not copy or otherwise reproduce the summary (in whole or part), except—
(a) as is necessary for the purposes of making submissions or comments to the Auditor‑General in relation to the audit, review or examination; or
(b) as is necessary for the purposes of obtaining legal advice in relation to the audit, review or examination; or
(c) as otherwise authorised by regulation or by the Auditor‑General.
Maximum penalty: $5 000 or imprisonment for 2 years.
(5) Section 32(2)—delete subsection (2) and substitute:
(2) After—
(a) conducting any audit or making any examination under subsection (1); or
(b) conducting a review under subsection (1) requested by the Treasurer or the Independent Commissioner Against Corruption,
the Auditor‑General must prepare a report setting out the results of the audit, review or examination.
(6) Section 32(3)—delete "the report" and substitute:
a report under subsection (2)
(7) Section 32(3)(a) to (c)—before "examination" wherever occurring insert in each case:
audit, review or
(8) Section 32—after subsection (3) insert:
(4) After conducting a review of a publicly funded body, publicly funded project or local government indemnity scheme under subsection (1) (other than a review requested by the Treasurer or the Independent Commissioner Against Corruption), the Auditor‑General may prepare a report setting out the results of the review.
(5) The following provisions apply to a report prepared under subsection (4):
(a) the Auditor‑General must deliver copies of the report to—
(i) any publicly funded body concerned in the review; and
(ii) the President of the Legislative Council and the Speaker of the House of Assembly;
(b) the Auditor‑General may deliver copies of the report to any other person the Auditor‑General thinks appropriate;
(c) the Auditor‑General may publish a copy of the report in such manner as the Auditor‑General thinks appropriate.
(6) A document or information (including data) may be annexed to a report under this section either by including a copy of the document or information in an annexure or by including in an annexure a reference to a website on which the document or information has been, or will be, published by the Auditor‑General.
205—Amendment of section 34—Powers of Auditor-General to obtain information
(1) Section 34(1)—delete "or make an examination" and substitute:
or review, or make an examination,
(2) Section 34(1)(c) and (d)—after "audit" wherever occurring insert in each case:
, review
206—Amendment of section 36—Auditor-General's annual report
(1) Section 36(1a)—after "documents" insert:
or information (including data)
(2) Section 36(3)—after "documents" insert:
or information (including data)
(3) Section 36(4)—after "A document" insert:
or information (including data)
(4) Section 36(4)—after "the document" wherever occurring insert in each case:
or information (including data)
Part 10—Amendment of South Australian Local Government Grants Commission Act 1992
207—Amendment of section 19—Information to be supplied to Commission Section 19(3)—delete "Where" and substitute:
Subject to any relevant provision of the Commonwealth Act or an instrument under that Act, if
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