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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Local Government Amendment Bill
2005
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Local Government Act 1993 No 30 2
4 Amendment of other Acts 2
Schedule 1 Amendment of Local Government Act 1993 3
Schedule 2 Amendment of other Acts 9
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2005
New South Wales
Local Government Amendment Bill
2005
Act No , 2005
An Act to amend the Local Government Act 1993 in relation to the reduction in the
required number of councillors and to pecuniary interests; to amend the Freedom of
Information Act 1989 to exempt certain matters; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Local Government Amendment Bill 2005
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Local Government Amendment Act 2005.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Local Government Act 1993 No 30
The Local Government Act 1993 is amended as set out in Schedule 1.
4 Amendment of other Acts
Each Act specified in Schedule 2 is amended as set out in that Schedule.
Page 2
Local Government Amendment Bill 2005
Amendment of Local Government Act 1993 Schedule 1
Schedule 1 Amendment of Local Government Act
1993
(Section 3)
[1] Section 224A
Insert after section 224:
224A Approval to reduce number of councillors
(1) A council may resolve to make an application to the Minister to
approve a decrease in the number of councillors within the limits
referred to in section 224 (1).
(2) The council must give not less than 21 days' public notice of its
proposed resolution.
(3) After passing the resolution, the council must forward to the
Minister a copy of the resolution, a summary of any submissions
received by it and its comments concerning those submissions.
(4) The Minister may approve the application without amendment or
may decline to approve the application.
(5) If the Minister approves the application, the number of
councillors of the council is reduced to the number specified in
the application with effect on and from the day appointed for the
next ordinary election of councillors after the application is
approved.
(6) Section 16 does not apply to a resolution of a council to make an
application to the Minister under this section.
(7) An application may be made under this section only within the
period of 12 months from the commencement of this section.
(8) Nothing in this section prevents a council from making more than
one application under this section or from taking action under
section 224 to change the number of its councillors.
(9) A council for an area that is divided into wards may not make an
application under this section for a decrease in the number of
councillors that would result in the number of councillors for
each ward being fewer than 3.
[2] Section 252 Payment of expenses and provision of facilities
Omit "A council" from section 252 (1).
Insert instead "Within 5 months after the end of each year, a council".
Page 3
Local Government Amendment Bill 2005
Schedule 1 Amendment of Local Government Act 1993
[3] Section 252 (5)
Omit "regulations".
Insert instead "provisions of this Act, the regulations and any relevant
guidelines issued under section 23A".
[4] Section 253
Omit the section. Insert instead:
253 Requirements before policy concerning expenses and facilities
can be adopted or amended
(1) A council must give public notice of its intention to adopt or
amend a policy for the payment of expenses or provision of
facilities allowing at least 28 days for the making of public
submissions.
(2) Before adopting or amending the policy, the council must
consider any submissions made within the time allowed for
submissions and make any appropriate changes to the draft policy
or amendment.
(3) Despite subsections (1) and (2), a council need not give public
notice of a proposed amendment to its policy for the payment of
expenses or provision of facilities if the council is of the opinion
that the proposed amendment is not substantial.
(4) Within 28 days after adopting a policy or making an amendment
to a policy for which public notice is required to be given under
this section, a council is to forward to the Director-General:
(a) a copy of the policy or amendment together with details of
all submissions received in accordance with
subsection (1), and
(b) a statement setting out, for each submission, the council's
response to the submission and the reasons for the
council's response, and
(c) a copy of the notice given under subsection (1).
(5) A council must comply with this section when proposing to adopt
a policy each year in accordance with section 252 (1) even if the
council proposes to adopt a policy that is the same as its existing
policy.
Page 4
Local Government Amendment Bill 2005
Amendment of Local Government Act 1993 Schedule 1
[5] Section 294A
Insert after section 294:
294A Casual vacancy not to be filled where councillor numbers reduced
(1) A casual vacancy in the office of a councillor (but not a mayor
elected by the electors) is not to be filled if the Minister has
approved an application under section 224A to reduce the
number of councillors but the reduction has not yet taken effect.
(2) However, subsection (1) does not authorise a vacancy to remain
unfilled if the vacancy will result in the council having less
councillors than the reduced number approved by the Minister
under section 224A.
(3) Subsection (1) applies to a casual vacancy whether occurring
before or after the commencement of this section or before or
after the approval of the relevant application under section 224A.
[6] Section 338 Nature of contracts for senior staff
Insert after section 338 (3):
(4) The Director-General may, by order in writing, approve one or
more standard forms of contract for the employment of the
general manager or other senior staff of a council.
(5) A standard form of contract approved by the Director-General is
not to include provisions relating to the level of remuneration or
salary (including employment benefits) of the general manager or
other senior staff of a council, performance-based requirements
or the duration of the contract.
(6) A council is not to employ a person to a position to which one or
more standard forms of contract approved for the time being
under this section applies or apply except under such a standard
form of contract.
(7) The council may include in an employment contract for the
general manager or another member of the senior staff additional
provisions to those contained in the standard form of contract but
only if those provisions relate to any of the following:
(a) the level of remuneration or salary (including employment
benefits) of the person employed under the contract,
(b) subject to subsections (1) and (2), performance-based
requirements or the duration of the contract.
Page 5
Local Government Amendment Bill 2005
Schedule 1 Amendment of Local Government Act 1993
(8) Despite subsection (6), the approval, amendment or substitution
of a standard form of contract under this section does not affect
any employment contract between a council and the general
manager of the council or another member of the senior staff of
the council if the employment contract was entered into before
the approval, amendment or substitution of the standard form of
contract.
(9) However, subsection (6) does apply to the renewal of any such
employment contract occurring after the standard form of
contract is approved, amended or substituted and to all new
contracts entered into after the standard form of contract is
approved, amended or substituted.
[7] Section 442 What is a "pecuniary interest"?
Omit "or another person with whom the person is associated as provided in
section 443" from section 442 (1).
[8] Section 443 Who has a pecuniary interest?
Omit section 443 (1) and (2). Insert instead:
(1) For the purposes of this Chapter, a person has a pecuniary interest
in a matter if the pecuniary interest is the interest of:
(a) the person, or
(b) the person's spouse or de facto partner or a relative of the
person, or a partner or employer of the person, or
(c) a company or other body of which the person, or a
nominee, partner or employer of the person, is a member.
[9] Section 443 (3)
Omit "subsection (2)". Insert instead "subsection (1) (b) or (c)".
[10] Section 448 What interests do not have to be disclosed?
Omit "another person with whom the person is associated as provided in
section 443" from section 448 (g) (i).
Insert instead "a person, company or body referred to in section 443 (1) (b)
or (c)".
[11] Section 448 (g)
Omit "other person with whom the person is associated".
Insert instead "person, company or body referred to in section 443 (1) (b) or
(c)".
Page 6
Local Government Amendment Bill 2005
Amendment of Local Government Act 1993 Schedule 1
[12] Section 451 Disclosure and presence in meetings
Insert after section 451 (2):
(3) For the removal of doubt, a councillor or a member of a council
committee is not prevented by this section from being present at
and taking part in a meeting at which a matter is being
considered, or from voting on the matter, merely because the
councillor or member has an interest in the matter of a kind
referred to in section 448.
Note. The code of conduct adopted by a council for the purposes of
section 440 may also impose obligations on councillors, members of
staff of councils and delegates of councils.
[13] Section 486A
Insert after section 486:
486A Contempt of Pecuniary Interest and Disciplinary Tribunal
(1) The Pecuniary Interest and Disciplinary Tribunal may report the
following matters to the Supreme Court:
(a) if a person refuses to be sworn or to make an affirmation
or refuses or otherwise fails to answer any question that is
put to the person by the Tribunal after being called or
examined as a witness before the Tribunal,
(b) if, in proceedings before the Tribunal, a person wilfully
threatens or insults:
(i) a member or officer of the Tribunal, or
(ii) any witness or person summoned to attend before
the Tribunal, or
(iii) a practising legal practitioner or other person
authorised to appear before the Tribunal,
(c) if a person misbehaves himself or herself in proceedings
before the Tribunal,
(d) if a person interrupts proceedings before the Tribunal.
(2) If the Pecuniary Interest and Disciplinary Tribunal reports a
matter to the Supreme Court under subsection (1), the Court may
deal with the matter as if it were a contempt of the Court.
However, a person is not liable to be punished for contempt under
this subsection if the person establishes that there was a
reasonable excuse for the act or omission concerned.
Page 7
Local Government Amendment Bill 2005
Schedule 1 Amendment of Local Government Act 1993
[14] Schedule 8 Savings, transitional and other provisions consequent on
the enactment of other Acts
Insert at the end of clause 1 (1):
Local Government Amendment Act 2005
Page 8
Local Government Amendment Bill 2005
Amendment of other Acts Schedule 2
Schedule 2 Amendment of other Acts
(Section 4)
2.1 Freedom of Information Act 1989 No 5
Schedule 2 Exempt bodies and offices
Insert at the end of the Schedule:
The Department of Local Government (including the
Director-General and other Departmental representatives)--
complaint handling and investigative functions conferred by or
under any Act on that Department.
2.2 Local Government Amendment (Public-Private
Partnerships) Act 2004 No 113
[1] Schedule 1 Amendments
Omit Schedule 1 [1].
[2] Schedule 1 [2]
Insert "formed under" before "a public-private partnership" in proposed
section 55 (6).
[3] Schedule 1 [5]
Omit proposed section 400B (1). Insert instead:
(1) In this Act, a reference to a public-private partnership is a
reference to an arrangement between a council and a private
person for the purposes of:
(a) providing public infrastructure or facilities (being
infrastructure or facilities in respect of which the council
has an interest, liability or responsibility under the
arrangement), or
(b) delivering services in accordance with the arrangement,
or both, but does not include a reference to any such arrangement
if it is of a class that has been excluded from the operation of this
Part by the regulations.
[4] Schedule 1 [5]
Insert "(whether or not involving the formation of an entity)" after
"understanding" in the definition of arrangement in proposed section
400B (2).
Page 9
Local Government Amendment Bill 2005
Schedule 2 Amendment of other Acts
[5] Schedule 1 [5]
Omit "formed, or is proposing to form" from the definition of relevant council
in proposed section 400B (2).
Insert instead "entered into, or is proposing to enter into".
[6] Schedule 1 [5]
Omit "the formation of, and the carrying out of projects under" from proposed
section 400C (1).
Insert instead "entering into, and carrying out projects under".
[7] Schedule 1 [5]
Omit "form" wherever occurring in proposed sections 400E (1) (a), 400F (1)
and 400I (1).
Insert instead "enter into".
[8] Schedule 1 [5]
Omit "proceed with the formation of" from proposed section 400F (4) (a).
Insert instead "enter into".
[9] Schedule 1 [5]
Omit ", on such grounds as the Minister thinks fit," from proposed section
400G (1).
[10] Schedule 1 [5]
Omit "forming" wherever occurring in proposed sections 400G (2) (a) and
400K (2).
Insert instead "entering into".
[11] Schedule 1 [5]
Insert after proposed section 400G (2):
(3) A direction may be given under this section only if the Minister
is of the opinion that the council concerned has not complied with
the PPP guidelines in relation to entering into the public-private
partnership or carrying out the project.
[12] Schedule 1 [5]
Omit proposed section 400I (3) (a). Insert instead:
(a) to enter into the public-private partnership (if it has not
already entered into it), or
Page 10
Local Government Amendment Bill 2005
Amendment of other Acts Schedule 2
[13] Schedule 1 [5]
Omit proposed section 400L. Insert instead:
400L Decision by council to enter into public-private partnership
Any decision by a council in relation to entering into a
public-private partnership may only be made by resolution of the
council.
[14] Schedule 1 [5]
Omit proposed section 400N. Insert instead:
400N Application of Part
(1) This Part does not apply to any public-private partnership that a
council resolved, before 28 June 2004, to enter into.
(2) However, if a council resolved, on or after 28 June 2004 but
before the commencement of this Part, to enter into a
public-private partnership, this Part applies to and in respect of
the partnership.
[15] Schedule 1 [8]
Omit "its members for the time being" from clause 10 of proposed Schedule 3.
Insert instead "the members referred to in section 400J (2) (a)(e)".
Page 11
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