Untitled document

Local Government (Planning and Reporting) Amendment Regulations 2017

S.R. No. 64/2017

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6Regulations 23, 23A and 24 revoked

7Transitional provisions—financial year commencing on 1 July 2016

8Transitional provisions—financial year commencing on 1 July 2017

9New regulation 27 inserted

10Schedule 2

11Schedule 3

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Endnotes

STATUTORY RULES 2017

S.R. No. 64/2017

Local Government Act 1989

Local Government (Planning and Reporting) Amendment Regulations 2017

The Governor in Council makes the following Regulations:

Dated: 27 June 2017

Responsible Minister:

NATALIE HUTCHINS
Minister for Local Government

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The main objective of these Regulations is to amend the Local Government (Planning and Reporting) Regulations 2014 by—

(a)revoking the requirement for a Council to include in its annual report information about service performance indicators (and the measures relating to those indicators) for the Home and Community Care program; and

(b)revoking spent transitional provisions; and

(c)amending a measure relating to the statutory planning service performance indicator to provide for both VicSmart and other planning application decisions; and

(d)specifying the reporting requirements for results achieved in relation to certain service performance indicators for previous financial years.

2Authorising provision

These Regulations are made under section 243 of the Local Government Act 1989.

3Commencement

These Regulations come into operation on 1 July 2017.

4Principal Regulations

In these Regulations, the Local Government (Planning and Reporting) Regulations 2014[1] are called the Principal Regulations.

5Definitions

In regulation 5 of the Principal Regulations—

(a)the definition of HACC program is revoked;

(b)the definition of HACC service is revoked.

6Regulations 23, 23A and 24 revoked

Regulations 23, 23A and 24 of the Principal Regulations are revoked.

7Transitional provisions—financial year commencing on 1 July 2016

(1)In regulation 25(1) of the Principal Regulations, after "for the purposes of" insert "a Council's report of operations for".

(2)In regulation 25(2) of the Principal Regulations—

(a)after "For the purposes of" insert "a Council's report of operations for";

(b)omit ", 10(a), 10(c)".

(3)After regulation 25(2) of the Principal Regulations insert—

"(2A)Nothing in regulation 13(2) requires a Council to include in its report of operations for the financial year commencing on 1 July 2016 service performance indicator 10 (and the measures relating to that indicator) set out in Schedule 2 (as in force immediately before 1 July 2017), including any results achieved in relation to that indicator.

(2B)In relation to service performance indicator 2(b) (and the measure relating to that indicator) set out in Schedule 2, a Council must include in its report of operations for the financial year commencing on 1 July 2016—

(a)the results achieved for the financial year commencing on 1 July 2016 in relation to that indicator set out in Schedule 2 (as in force on 1 July 2017); and

(b)despite the amendment made on 1 July 2017 to the measure relating to that service performance indicator, the results achieved for the financial years commencing on 1 July 2014 and 1 July 2015 in relation to that indicator set out in Schedule 2 (as in force immediately before 1 July 2017).".

(4)In regulation 25(3) of the Principal Regulations, after "for the purposes of" insert "a Council's performance statement for".

(5)For regulation 25(4) of the Principal Regulations substitute—

"(4)Nothing in regulation 16(1) requires a Council to include in its performance statement for the financial year commencing on 1 July 2016 service performance indicator 10 (and the measures relating to that indicator) set out in Part 2 of Schedule 3 (as in force immediately before 1 July 2017), including any results achieved in relation to that indicator.".

8Transitional provisions—financial year commencing on 1 July 2017

(1)In regulation 26(1) of the Principal Regulations—

(a)after "For the purposes of" insert "a Council's report of operations for";

(b)omit ", 10(a), 10(c)".

(2)For regulation 26(2) of the Principal Regulations substitute—

"(2)In relation to service performance indicator 2(b) (and the measure relating to that indicator) set out in Schedule 2, a Council must include in its report of operations for the financial year commencing on 1 July 2017—

(a)the results achieved for the financial year commencing on 1 July 2016 in relation to that indicator set out in Schedule 2 (as in force on 1 July 2017); and

(b)despite the amendment made on 1 July 2017 to the measure relating to that service performance indicator, the results achieved for the financial years commencing on 1 July 2014 and 1 July 2015 in relation to that indicator set out in Schedule 2 (as in force immediately before 1 July 2017).

Note

See regulation 13(2) for requirements in relation to results achieved for the financial year commencing on

1 July 2017.".

9New regulation 27 inserted

After regulation 26 of the Principal Regulations insert—

"27   Transitional provision—financial year commencing on 1 July 2018

In relation to service performance indicator 2(b) (and the measure relating to that indicator) set out in Schedule 2, a Council must include in its report of operations for the financial year commencing on 1 July 2018—

(a)the results achieved for the financial years commencing on 1 July 2016 and 1 July 2017 in relation to that indicator set out in Schedule 2 (as in force on 1 July 2017); and

(b)despite the amendment made on 1 July 2017 to the measure relating to that service performance indicator, the results achieved for the financial year commencing on 1 July 2015 in

relation to that indicator set out in Schedule 2 (as in force immediately before 1 July 2017).

Note

See regulation 13(2) for requirements in relation to results achieved for the financial year commencing on

1 July 2018.".

10Schedule 2

(1)In Schedule 2 to the Principal Regulations—

(a)the definition of Community Care Common Standards is revoked;

(b)the definition of target population is revoked.

(2)In Schedule 2 to the Principal Regulations, after the definition of major non-compliance outcome notification insert—

"relevant required time means the relevant time prescribed for the purposes of section 79 of the Planning and Environment Act 1987 in regulations made under that Act;".

(3)In the measure relating to indicator 2(b) set out in Schedule 2 to the Principal Regulations, for "60 days" (wherever occurring) substitute "the relevant required time".

(4)Indicator 10 (and the measures relating to that indicator) set out in Schedule 2 to the Principal Regulations is revoked.

11Schedule 3

Indicator 10 (and the measures relating to that indicator) set out in Part 2 of Schedule 3 to the Principal Regulations is revoked.

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Endnotes

[1] Reg. 4: S.R. No. 17/2014 as amended by S.R. No. 47/2015.