LOCAL GOVERNMENT ACT 1993 - SECT 438G
Appointment of temporary adviser
LOCAL GOVERNMENT ACT 1993 - SECT 438G
Appointment of temporary adviser
438G Appointment of temporary adviser
(1) If the Minister issues a
performance improvement order in respect of a council, the Minister may
appoint one or more persons as a temporary adviser to the council.
(2) A
temporary adviser may be appointed in the performance improvement order or by
subsequent order of the Minister served on the council.
(2A) The regulations
may make provision for or with respect to the criteria to be considered by the
Minister in deciding whether to appoint a temporary adviser.
(3) A temporary
adviser may be appointed on the recommendation of the council or on the
Minister's own initiative, but only after the Minister has considered any
criteria prescribed by the regulations.
(4) The principal functions of a
temporary adviser are--
(a) to provide advice and assistance to the council
for the purpose of ensuring that it complies with the performance improvement
order, and
(b) to monitor the council's compliance with the performance
improvement order.
(4A) If a council fails to give a temporary adviser an
opportunity to comment on a compliance report as required by section 438H, the
temporary adviser is to inform the Minister of that fact and give the Minister
a report on the council's compliance with the performance improvement order.
(4B) If a council fails to give the Minister a compliance report as required
by section 438F, the temporary adviser is to give the Minister a report on the
council's compliance with the performance improvement order.
(5) A temporary
adviser has such other functions as are specified in the instrument by which
he or she is appointed.
(6) A temporary adviser is appointed for the term
specified in the instrument by which he or she is appointed. The term must not
exceed the period for compliance with the performance improvement order.
(7)
A temporary adviser must be paid a salary from the council's funds determined
by the council (in the case of an adviser appointed on the recommendation of
the council) or by the Minister (in any other case).
(8) The Minister may
terminate a temporary adviser's appointment at any time.
