New South Wales Consolidated Acts

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LOCAL GOVERNMENT ACT 1993 - SECT 434B

Expenses of investigation to be borne by council

434B Expenses of investigation to be borne by council

(1) The Departmental Chief Executive may recover the reasonable expenses incurred by the Departmental Chief Executive in respect of an investigation under this Division if the investigation relates to:
(a) the administration of an election by a general manager, or
(b) a recurring problem with the administration of a council.
(1A) A recurring problem with the administration of a council means any facts or circumstances with respect to the council, its work or its activities that have been the subject of previous Ministerial intervention, and that have continued to exist or have recurred, despite that Ministerial intervention.
(1B) In this section,
"Ministerial intervention" means:
(a) the issue of a performance improvement order, or
(b) the temporary suspension of a council under Part 7.
(2) The Departmental Chief Executive may make a determination of the amount of the expenses referred to in subsection (1) and serve a notice on the council requiring the amount so determined be paid in recovery of the expenses.
(3) An amount equal to the expenses as so determined is payable to the Departmental Chief Executive as a debt by the council concerned, except as determined by the Departmental Chief Executive.
(4) The council may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of whether any part of the expenses so determined are not reasonable expenses.
(5) The Departmental Chief Executive must give effect to any decision of the Tribunal on an administrative review of the determination of the amount of the expenses.
(6) In this section, expenses incurred in respect of an investigation under this Division include:
(a) investigation expenses of the Departmental Chief Executive or departmental staff, and
(b) remuneration paid to departmental staff assisting with the investigation, and
(c) expenses associated with the preparation of a report in respect of the investigation.
(7) The Departmental Chief Executive may certify that an investigation under this Division relates to a recurring problem with the administration of a council and that certificate is sufficient evidence, unless the contrary is proved, that the investigation relates to a recurring problem with the administration of the council.



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