Untitled document

Local Government (General) Amendment Regulations 2010

S.R. No. 99/2010

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Part 1A revoked

6Documents to be made available for public inspection

7New Part 5A inserted

11AIndirect interest because of conflicting duties

8Part 9 revoked

9Schedule substituted

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 99/2010

Local Government Act 1989

Local Government (General) Amendment Regulations 2010

The Governor in Council makes the following Regulations:

Dated: 28 September 2010

Responsible Minister:

RICHARD WYNNE
Minister for Local Government

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Local Government (General) Regulations 2004—

(a)to vary the requirements regarding information to be made available for public inspection; and

(b)to exempt certain positions from conflicting duties for the purpose of disclosing conflicts of interest; and

(c)to prescribe forms for the purposes of the Local Government Act 1989; and

(d)to make various technical amendments.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 October 2010.

4Principal Regulations

In these Regulations, the Local Government (General) Regulations 2004[1] are called the Principal Regulations.

5Part 1A revoked

Part 1A of the Principal Regulations is revoked.

6Documents to be made available for public inspection

(1)For regulation 11(b) of the Principal Regulations substitute—

"(b)the total annual remuneration for all senior officers in respect of the current financial year and the previous financial year, set out in a list that states—

(i)ranges of remuneration of senior officers, where the difference between the lower amount and the higher amount in each range must not exceed $10 000; and

(ii)the number of senior officers whose total annual remuneration falls within the ranges referred to in subparagraph (i);".

(2)In regulation 11(c) of the Principal Regulations, for "total cost of the overseas or interstate travel" substitute "total cost to the Council of the overseas or interstate travel, including accommodation costs".

(3)In regulation 11(j) of the Principal Regulations—

(a)omit ", 88".

(b)for "the date on which the last review under section" substitute "the dates on which the last reviews under sections 86(6) and".

(4)In regulation 11(q)(ii) of the Principal Regulations, after "section 186(5)" insert "or (5A)".

7New Part 5A inserted

After Part 5 of the Principal Regulations insert—

"PART 5A—CONFLICTS OF INTEREST

11AIndirect interest because of conflicting duties

For the purpose of section 78B(3)(d) of the Act, the following positions are prescribed—

(a)a member of the Board of directors of the Metropolitan Waste Management Group established under the Environment Protection Act 1970;

(b)a member of the governing body of a regional waste management group established under the Environment Protection Act 1970;

(c)a member of the Country Fire Authority appointed from a panel submitted by the executive committee of the Municipal Association of Victoria for the purposes of sections 7(1)(e) and (f) of the Country Fire Authority Act 1958;

(d)in the case of a matter that relates to an application made under the Planning and Environment Act 1987, a member of the governing body of a referral authority that has considered the application for the purposes of section 56 of that Act.

__________________".

8Part 9 revoked

Part 9 of the Principal Regulations is revoked.

9Schedule substituted

For the Schedule to the Principal Regulations substitute—

"SCHEDULE

FORMS

FORM 1

REGISTER OF INTERESTS

Local Government Act 1989, Sections 81(2) and 81(4)

Local Government (General) Regulations 2004, Regulation 6

Primary Return

Notes—Please Read:

(1) Interests which you are required to register are prescribed in section 81(6) of the Local Government Act 1989.

(2)   If there is not sufficient space on this form for all of the information you are required to register, you may attach additional papers for that purpose.  Each paper is to be signed, dated and witnessed in the same manner as this return.

(3)   Answer all questions and ensure your answers are clear and legible.

Family name:  Given names:

Name of Council:

Name of Ward (if applicable):

Position held:

Insert details of the Registrable Interests you have held as at the date of this return:

1.     The name of any company or other body in which you hold any office whether as director or otherwise.

2.     The name or description of any company or body in which you hold a beneficial interest unless the total value of the interest does not exceed $10 000 and the total value of issued shares of the company or body exceeds $10 million.

3.     The address or description of any land in the municipal district of the Council or in a municipal district which adjoins that municipal district in which you have any beneficial interest other than by way of security for any debt.

4.     A concise description of any trust in which you hold a beneficial interest or of which you are a trustee and a member of your family* holds a beneficial interest.

5.     Any other substantial interest (whether of a pecuniary nature or not) held by you or a member of your family of which you are aware and which you consider might appear to raise a material conflict between your private interest and your public duty as a Councillor, member of a special committee or nominated officer.

Signature of person making return:                   Date:

Signature of witness:   Name of witness:

*A reference to family has the same meaning as family member has in section 78 of the Act.

__________________

FORM 2

REGISTER OF INTERESTS

Local Government Act 1989, Section 81(5)

Local Government (General) Regulations 2004, Regulation 7

Ordinary Return

Notes—Please Read:

(1) Interests which you are required to register are prescribed in section 81(7) of the Local Government Act 1989.

(2)   If there is not sufficient space on this form for all of the information you are required to register, you may attach additional papers for that purpose.  Each paper is to be signed, dated and witnessed in the same manner as this return.

(3)   Answer all questions and ensure your answers are clear and legible.

Family name:   Given names:

Name of Council:

Name of Ward (if applicable):

Position held:

Insert details of the Registrable Interests held during the return period*:

1.     The name of any company or other body corporate or unincorporate in which you held an office as a director or otherwise.

2.     The name or description of any company or body in which you hold or have held a beneficial interest unless the total value of the interest does or did not exceed $10 000 and the total value of issued shares of the company or body exceeds $10 million.

3.     The address or description of any land in the municipal district of the Council or in a municipal district which adjoins that municipal district in which you had any beneficial interest other than by way of security for any debt.

4.     A concise description of any trust in which you held a beneficial interest or of which you are a trustee and in which a member of your family** held a beneficial interest.

5.     Particulars of any gift of or above the amount or value of $500 received by you, either directly or indirectly from a person, but does not include a gift received from a relative*** of yours or received at an event or function you attended in an official capacity as a Mayor, a member of Council staff or a member of a special committee.

6.     Any other substantial interest (whether of a pecuniary nature or not) held by you or a member of your family of which you are aware and which you consider might appear to raise a material conflict between your private interest and your public duty as a councillor, member of a special committee or nominated officer.

Signature of person making return:                   Date:

Signature of witness:   Name of witness:

*A reference to return period has the same meaning as return period has in section 81 of the Act.

**A reference to family has the same meaning as family member has in section 78 of the Act.

*** A reference to relative has the same meaning as relative has in section 78 of the Act.

__________________

FORM 3

APPLICATION TO INSPECT REGISTER OF INTERESTS

Local Government Act 1989, Section 81(10)

Local Government (General) Regulations 2004, Regulation 8

Family name:             Given names:

Address:Postcode:

Telephone Number (For Contact):

I, the undersigned, apply under section 81(10) of the Local Government Act 1989 to the

(Name of Council)

to inspect the register of interests maintained under section 81 of the Act relating to:

(Name(s) of person(s) whose return(s) is/are to be inspected)

Signature of applicant:   Date:            ".

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ENDNOTES

[1] Reg. 4: S.R. No. 130/2004 as amended by S.R. Nos 96/2008 and 104/2009.