Untitled document

Local Government (Governance) Act 2000

Act No. 23/2000

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Changes concerning C.E.O. appointments	2
4.	Insertion of section 95C	3

95C. Validity of decisions 3

5.	Irrelevant sections not to apply to regional libraries	4
6.	Change to method of setting maximum interest rate on unpaid
money	4
7.	Request concerning transfer of former library land	4

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NOTES 5

i

Victoria

No. 23 of 2000

Local Government (Governance) Act

2000†

[Assented to 16 May 2000]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is—

(a)

to make changes concerning the Councils under the Local Government Act 1989; and

(b) to make other minor amendments to the Local Government Act 1989; and

Local Government (Governance) Act 2000

s. 2 Act No. 23/2000

(c) to make a minor amendment to the Libraries Act 1988.

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3. Changes concerning C.E.O. appointments

(1) For section 94(4) of the Local Government Act

1989 substitute—

"(4) Sub-section (3) does not apply if—

(a)	in the 6 months immediately before the person's contract as Chief Executive Officer is due to expire, the Council passes a resolution to reappoint that person as its Chief Executive Officer; and
(b)	at least 14 days before the resolution is passed, public notice was given of the intention to put the resolution; and

(c) the public notice contained—

(i) resolution would result in the
reappointment of the Chief

a statement that the passing of the position being advertised; and

(ii)  any other details required by the regulations.

(4A) Sub-section (3) also does not apply if a

Council appoints a person to act as its Chief than 12 months.".

Local Government (Governance) Act 2000

Act No. 23/2000 s. 4

(2) For section 94(6) of the Local Government Act

1989 substitute—

"(6) If a Council passes a resolution to reappoint

a person as its Chief Executive Officer public inspection within 14 days after the passing of the resolution.

without advertising the position, the Council
must make details of the person's proposed
total remuneration as Chief Executive

(7) A contract of employment as Chief

Executive Officer between a Council and a person is void if it is made—

(a)	in circumstances that are contrary to this section; or
(b)	while a current contract of employment as Chief Executive Officer with the person exists and that current contract is not due to expire for at least another 6 months (regardless of whether or not the Chief Executive Officer's position has been readvertised).".

(3) Section 95A(3A) of the Local Government Act

1989 is repealed.

4. Insertion of section 95C

After section 95B of the Local Government Act

1989 insert—

"95C. Validity of decisions

Anything done by a person purporting to act as a Chief Executive Officer, or as a senior officer, is not invalid merely because that person's contract of employment as a Chief Executive Officer, or senior officer, was void at the time the thing was done.".

Local Government (Governance) Act 2000

s. 5 Act No. 23/2000

5. Irrelevant sections not to apply to regional libraries In section 196(7) of the Local Government Act 1989—

(a) for paragraph (e) substitute— "(e) sections 138, 144 (except sub-sections

(2)(a), (b) and (c)), 144A, 144B, 146,

150 and 153A;";

(b) for paragraph (g) substitute— "(g) Part 11 (except sections 221, 222(1) to

the extent that it applies to voters' rolls, 225, 226, 227, 227AA, 229 and 230).".

6.  Change to method of setting maximum interest rate on unpaid money

For section 227A(3) and (4) of the Local
Government Act 1989 substitute—

"(3) The interest rate specified by the Council

must not be more than the rate fixed under
section 2 of the Penalty Interest Rates Act
1983.".

7. Request concerning transfer of former library land For section 43(5)(a) of the Libraries Act 1988 substitute—

"(a) must be in the form, or contain the details,

required by the regulations; and".

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Local Government (Governance) Act 2000

Act No. 23/2000 Notes

NOTES

†

Minister's second reading speech—

Legislative Council: 12 April 2000

Legislative Assembly: 3 May 2000

The long title for the Bill for this Act was "to amend the Local
Government Act 1989 and the Libraries Act 1988 and for other
purposes."