Local Government Act 1995 (WA)(CKI) Amendment Ordinance 1997

Overview

The Local Government Act 1995 (W.A.) (C.K.I.) Amendment Ordinance 1997 was enacted to address specific issues pertaining to the employment status of councillors within the local government framework of the Cocos (Keeling) Islands. The enactment was authorised by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, under the authority of the Cocos (Keeling) Islands Act 1955. This amendment was designed to ensure that certain councillors who were also employees of the Shire of Cocos (Keeling) Islands as of 3 May 1997, would have their employment terminated by operation of this Ordinance. The policy objective was to streamline the administrative structure of local governance by clearly delineating the roles and employment conditions of council members, thereby enhancing the efficiency and transparency of local government operations.

Scope and Application

The Local Government Act 1995 (W.A.) (C.K.I.) Amendment Ordinance 1997 applies specifically to the local government structure of the Cocos (Keeling) Islands, modifying the existing Local Government Act 1995. This legislative instrument concerns individuals who were both employees of the Shire of Cocos (Keeling) Islands and members of the Cocos (Keeling) Islands Council as of 3 May 1997. It mandates the termination of their employment with the Shire at the start of that day. The Ordinance extends its jurisdiction strictly to the local government affairs of the Cocos (Keeling) Islands, and its application is confined to this specific territorial scope. No exclusions, exemptions, or thresholds are specified within the text of the Ordinance itself, although it is implied that the changes apply only to the defined group of individuals. The Ordinance does not explicitly mention any subordinate instruments that might further extend or restrict its application.

Key Provisions

The Local Government Act 1995 (W.A.) (C.K.I.) Amendment Ordinance 1997 primarily focuses on making changes to the Local Government Act 1995 (W.A.) (C.K.I.) with respect to the employment status of certain councillors. Specifically, Section 2.26a introduced by this amendment addresses the employment status of certain councillors who are employees on 3 May 1997. According to this section, if a person falls under the category described in section 2.26 and is also a member of the Cocos (Keeling) Islands Council, their employment with the Shire of Cocos (Keeling) Islands will terminate at the beginning of 3 May 1997 (Section 2.26a). This Act imposes certain obligations on the parties it governs. For instance, it mandates that the Shire of Cocos (Keeling) Islands must ensure that any person who is both an employee and a member of the Cocos (Keeling) Islands Council, as of 3 May 1997, ceases their employment on that date. Additionally, it requires the Shire to adhere to the stipulations outlined in Section 2.26a to avoid any legal complications or penalties. Failure to comply with the provisions of this Act may result in civil or criminal consequences. However, the specific offences, penalties, or consequences for breach are not explicitly detailed within the text provided. It is important for the Shire of Cocos (Keeling) Islands and any affected employees to ensure they understand and comply with the requirements set out in the Act to avoid any potential repercussions. Given the lack of explicit penalty information, it is advisable to consult further legal resources or authorities to fully understand the implications of non-compliance.