Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Local Government Bill 2008
Queensland
Local Government Bill 2008
Contents
Page
Chapter 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
3 Purpose of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
4 Local government principles underpin this Act. . . . . . . . . . . . . . . 16
5 How this Act applies to the Brisbane City Council . . . . . . . . . . . . 17
6 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Chapter 2 Local governments
Part 1 Local governments and their constitution, responsibilities
and powers
7 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
8 Local government's responsibility for local government areas . . . 18
9 Powers of local governments generally . . . . . . . . . . . . . . . . . . . . 19
10 Power includes power to conduct joint government activities. . . . 19
11 Who a local government is constituted by . . . . . . . . . . . . . . . . . . 20
12 Responsibilities of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
13 Responsibilities of local government employees . . . . . . . . . . . . . 22
Part 2 Divisions of local government areas
14 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
15 Division of local government areas . . . . . . . . . . . . . . . . . . . . . . . 24
16 Review of divisions of local government areas. . . . . . . . . . . . . . . 25
Part 3 Changing a local government area, name or representation
Division 1 Introduction
17 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 2 The process for change
18 Who may start the change process . . . . . . . . . . . . . . . . . . . . . . . 26
19 Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Local Government Bill 2008
Contents
20 Implementation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
21 Decisions under this division are not subject to appeal . . . . . . . . 28
Division 3 The change commission
22 Change commission is established . . . . . . . . . . . . . . . . . . . . . . . 28
23 Casual commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
24 Conflict of interests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
25 Annual report of change commission . . . . . . . . . . . . . . . . . . . . . . 31
Chapter 3 The business of local governments
Part 1 Local laws
Division 1 Introduction
26 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
27 Interaction with State laws and the State . . . . . . . . . . . . . . . . . . . 32
Division 2 Making, recording and reviewing local laws
28 Power to make a local law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
29 Local law making process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
30 Expiry of interim local law revives previous law . . . . . . . . . . . . . . 35
31 Local law register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
32 Consolidated versions of local laws . . . . . . . . . . . . . . . . . . . . . . . 36
33 Regular review of local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 3 Local laws that can not be made
34 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
35 Network connections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
36 Election advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
37 Development processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
38 Anti-competitive provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Part 2 Business enterprises and activities
Division 1 Beneficial enterprises
39 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
40 Conducting beneficial enterprises . . . . . . . . . . . . . . . . . . . . . . . . 40
41 Register of beneficial enterprises . . . . . . . . . . . . . . . . . . . . . . . . . 41
42 Planning for a beneficial enterprise with the private sector . . . . . 42
Division 2 Business reform, including competitive neutrality
43 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
44 Ways to apply the competitive neutrality principle . . . . . . . . . . . . 44
45 Identifying significant business activities . . . . . . . . . . . . . . . . . . . 44
46 Assessing public benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Page 2
Local Government Bill 2008
Contents
47 Code of competitive conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
48 Competitive neutrality complaints. . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 3 Responsibilities and liabilities of employees of corporate
entities
49 Director's duty to disclose interest in a matter . . . . . . . . . . . . . . . 48
50 Obligations of a corporate entity's employees . . . . . . . . . . . . . . . 49
51 Corporate entity is not to pay premiums for certain liabilities of
employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
52 When a corporate entity is not to indemnify employees . . . . . . . . 51
53 Prohibition on loans to directors . . . . . . . . . . . . . . . . . . . . . . . . . . 51
54 Duty to prevent insolvent trading . . . . . . . . . . . . . . . . . . . . . . . . . 52
55 Order for examination of persons concerned with corporate
entities ......................................... 54
56 Examination of persons concerned with corporate entities . . . . . 55
57 Relief from liability for malpractice . . . . . . . . . . . . . . . . . . . . . . . . 57
58 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Part 3 Roads and other infrastructure
Division 1 Roads
59 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
60 Control of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
61 Notice of intention to acquire land to widen a road . . . . . . . . . . . 60
62 Compensation for a notice of intention to acquire land . . . . . . . . 61
63 Appeal on a claim for compensation . . . . . . . . . . . . . . . . . . . . . . 62
64 Acquisition of land instead of compensation . . . . . . . . . . . . . . . . 63
65 What is to happen if a realignment is not carried out . . . . . . . . . . 64
66 Compensation if realignment not carried out . . . . . . . . . . . . . . . . 64
67 Acquiring land for use as a footpath . . . . . . . . . . . . . . . . . . . . . . . 65
68 Notice to local government of opening or closing of roads. . . . . . 66
69 Closing roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
70 Temporary roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
71 Road levels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
72 Assessment of impacts on roads from certain activities. . . . . . . . 69
73 Categorisation of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
74 Roads map and register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
75 Unauthorised works on roads. . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Division 2 Stormwater drains
76 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Page 3
Local Government Bill 2008
Contents
77 Connecting stormwater installation to stormwater drain. . . . . . . . 73
78 No connecting sewerage to stormwater drain . . . . . . . . . . . . . . . 73
79 No trade waste or prohibited substances in stormwater drain . . . 75
80 Interference with path of stormwater . . . . . . . . . . . . . . . . . . . . . . 77
Part 4 The business of indigenous regional councils
Division 1 Introduction
81 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Division 2 Managing trust land
82 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
83 Trustee business must be conducted separately . . . . . . . . . . . . . 79
84 Meetings about trust land generally open to the public . . . . . . . . 79
85 Community forum input on trust change proposals . . . . . . . . . . . 80
86 Grouping of trust land not available . . . . . . . . . . . . . . . . . . . . . . . 81
Division 3 Community forums
87 Community forums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
88 Members of a community forum . . . . . . . . . . . . . . . . . . . . . . . . . . 83
89 Payments to elected members of a community forum . . . . . . . . . 83
90 Convenors for a community forum . . . . . . . . . . . . . . . . . . . . . . . . 84
Chapter 4 Financial matters
Part 1 Rates
91 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
92 Types of rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
93 Land on which rates are levied. . . . . . . . . . . . . . . . . . . . . . . . . . . 87
94 Power to levy rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
95 Overdue rates are a charge over land . . . . . . . . . . . . . . . . . . . . . 89
96 Regulations for rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Part 2 Fees
97 Fees for services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
98 Register of service fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
99 Fees on occupiers of land below the high-water mark . . . . . . . . . 92
100 Fees on residents of indigenous local government areas . . . . . . 92
Part 3 Financial sustainability and accountability
101 Statutory Bodies Financial Arrangements Act applies to local
governments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
102 Financial sustainability criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
103 Financial management systems. . . . . . . . . . . . . . . . . . . . . . . . . . 94
Page 4
Local Government Bill 2008
Contents
104 Financial management, planning and accountability documents . 94
105 Auditing, including internal auditing . . . . . . . . . . . . . . . . . . . . . . . 96
106 Sound contracting principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
107 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Part 4 Councillor's financial accountability
108 Misappropriation offence applies . . . . . . . . . . . . . . . . . . . . . . . . . 98
109 Councillor's discretionary funds . . . . . . . . . . . . . . . . . . . . . . . . . . 98
110 Councillor's liable for improper disbursements . . . . . . . . . . . . . . . 98
111 Councillor's liable for loans to individuals . . . . . . . . . . . . . . . . . . . 99
112 Councillor's liable for improper borrowings . . . . . . . . . . . . . . . . . . 99
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
Division 1 Introduction
113 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
114 Decisions under this part are not subject to appeal . . . . . . . . . . . 101
Division 2 Monitoring and evaluation
115 Gathering information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
116 Acting on the information gathered . . . . . . . . . . . . . . . . . . . . . . . 102
117 Advisors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
118 Financial controllers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
119 Costs and expenses of advisors and financial controllers . . . . . . 105
Division 3 Action by the Minister
120 Precondition to remedial action . . . . . . . . . . . . . . . . . . . . . . . . . . 105
121 Removing unsound decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
122 Removing a councillor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
123 Dissolving a local government . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
124 Interim administrator acts for the councillors temporarily . . . . . . . 109
Part 2 The public
Division 1 Powers of authorised persons
Subdivision 1 Introduction
125 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
126 Producing authorised person's identity card. . . . . . . . . . . . . . . . . 111
Subdivision 2 Power to require a person's name and address
127 Power to require a person's name and address . . . . . . . . . . . . . . 111
Page 5
Local Government Bill 2008
Contents
Subdivision 3 Powers to enter property etc.
128 Entering a public place that is open without the need for
permission ...................................... 112
129 Entering private property with, and in accordance with, the
occupier's permission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
130 Entering private property with, and in accordance with, a warrant 114
131 Warrants--applications made electronically. . . . . . . . . . . . . . . . . 116
132 Entering under an application, permit or notice . . . . . . . . . . . . . . 118
133 Entering property under an approved inspection program . . . . . . 119
134 Approving an inspection program. . . . . . . . . . . . . . . . . . . . . . . . . 120
135 General powers after entering a property. . . . . . . . . . . . . . . . . . . 122
136 Authorised person to give notice of damage . . . . . . . . . . . . . . . . 123
137 Compensation for damage or loss caused after entry . . . . . . . . . 123
Division 2 Powers of other persons
138 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
139 Entry with, and in accordance with, permission of occupier. . . . . 126
140 Entry by an owner, with reasonable written notice, under a
remedial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
141 Occupier may discharge owner's obligations . . . . . . . . . . . . . . . . 127
142 Entry by a local government worker, with reasonable written notice,
under a remedial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
143 Entry by a local government worker, with reasonable written notice,
to take materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
144 Entry by a local government worker, at reasonable times, to repair
etc. facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
145 Entry by a local government worker, at any time, for urgent action 131
146 Entry with, and in accordance with, a court order . . . . . . . . . . . . 131
147 Compensation for damage or loss caused . . . . . . . . . . . . . . . . . . 133
148 Limitation of time in absence of notice of work done . . . . . . . . . . 133
Division 3 Offences
149 Obstructing enforcement of Local Government Acts . . . . . . . . . . 134
150 Impersonating an authorised person . . . . . . . . . . . . . . . . . . . . . . 134
Chapter 6 Administration
Part 1 Introduction
151 What this chapter is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Part 2 Councillors
Division 1 Qualifications of councillors
152 Qualifications of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Page 6
Local Government Bill 2008
Contents
153 Disqualification for certain offences . . . . . . . . . . . . . . . . . . . . . . . 136
154 Disqualification of prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
155 Disqualification because of other high office . . . . . . . . . . . . . . . . 138
156 Disqualification during bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . 138
157 Judicial review of qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 139
158 Acting as councillor without authority . . . . . . . . . . . . . . . . . . . . . . 139
Division 2 Councillor's term of office
159 When a councillor's term starts . . . . . . . . . . . . . . . . . . . . . . . . . . 139
160 When a councillor's term ends . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Division 3 Vacancies in councillor's office
161 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
162 When a councillor's office becomes vacant . . . . . . . . . . . . . . . . . 141
163 When a vacancy in an office must be filled . . . . . . . . . . . . . . . . . 142
164 Filling a vacancy in the office of mayor. . . . . . . . . . . . . . . . . . . . . 143
165 Acting mayor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
166 Filling a vacancy in the office of another councillor . . . . . . . . . . . 144
Division 4 Councillors with other jobs
167 Councillors and local government jobs. . . . . . . . . . . . . . . . . . . . . 145
168 Senior councillors and full-time government jobs . . . . . . . . . . . . . 146
Division 5 Obligations of councillors
169 Obligations of councillors before acting in office . . . . . . . . . . . . . 147
170 Mayor only to give directions to local government staff . . . . . . . . 147
171 Use of information by councillors . . . . . . . . . . . . . . . . . . . . . . . . . 148
172 Councillor's material personal interest at a meeting. . . . . . . . . . . 148
173 Councillor's conflict of interest at a meeting . . . . . . . . . . . . . . . . . 150
174 Duty to report another councillor's material personal interest,
conflict of interest or misconduct . . . . . . . . . . . . . . . . . . . . . . . . . 152
175 Post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
Division 6 Conduct and performance of councillors
176 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
177 Assessing complaints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
178 Notifying councillor of the hearing of a complaint of misconduct . 157
179 Hearing and deciding complaints . . . . . . . . . . . . . . . . . . . . . . . . . 158
180 Taking disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
181 Inappropriate conduct that is not misconduct. . . . . . . . . . . . . . . . 161
182 Department's chief executive is public official for CMC Act . . . . . 162
Page 7
Local Government Bill 2008
Contents
Part 3 The tribunal
183 Continuation of the tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
184 Members of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
185 Remuneration and appointment conditions of members . . . . . . . 164
186 Costs of tribunal to be met by local government . . . . . . . . . . . . . 164
187 Conflict of interests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
188 Assistance from departmental staff . . . . . . . . . . . . . . . . . . . . . . . 165
Part 4 Regional conduct review panels
189 Appointing members of regional conduct review panels . . . . . . . 165
190 Remuneration and appointment conditions of members . . . . . . . 167
191 Costs of regional conduct review panels to be met by local
government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
192 Conflict of interests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
193 Assistance from departmental staff . . . . . . . . . . . . . . . . . . . . . . . 167
Part 5 The ethics advisory committee
194 Establishment of the ethics advisory committee . . . . . . . . . . . . . 168
195 Appointing members of ethics advisory committee . . . . . . . . . . . 168
196 Ending appointment of members of ethics advisory committee . . 168
Part 6 Local government employees
Division 1 Chief executive officer
197 Appointing a chief executive officer . . . . . . . . . . . . . . . . . . . . . . . 169
198 Appointing an acting chief executive officer . . . . . . . . . . . . . . . . . 169
Division 2 Other local government employees
199 Appointing other local government employees. . . . . . . . . . . . . . . 170
200 Disciplinary action against local government employees . . . . . . . 170
Division 3 Common provisions
201 Concurrent employment of local government employees. . . . . . . 170
202 Improper conduct by local government employees . . . . . . . . . . . 171
203 Improper use of information by local government employees . . . 171
204 Annual report must detail remuneration . . . . . . . . . . . . . . . . . . . . 173
Part 7 Authorised persons
205 Appointing authorised persons. . . . . . . . . . . . . . . . . . . . . . . . . . . 173
206 End of appointment of authorised persons. . . . . . . . . . . . . . . . . . 174
207 Identity card for authorised persons . . . . . . . . . . . . . . . . . . . . . . . 175
Part 8 Interim management
208 Interim management committee. . . . . . . . . . . . . . . . . . . . . . . . . . 175
Page 8
Local Government Bill 2008
Contents
209 Conditions of appointment as interim administrator or member of
committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
210 End of appointment of interim management . . . . . . . . . . . . . . . . 176
Part 9 The superannuation board
211 Superannuation board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
212 Board's responsibilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
213 Board of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
214 Seal of the super board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
Chapter 7 Other provisions
Part 1 Way to hold a hearing
215 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
216 Procedures at hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
217 Witnesses at hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
218 Contempt at hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
Part 2 Superannuation
219 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
220 LG super scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
221 Members of LG super scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
222 Compulsory super contributions. . . . . . . . . . . . . . . . . . . . . . . . . . 183
223 Amount of compulsory contributions . . . . . . . . . . . . . . . . . . . . . . 184
224 Extra super contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
225 Adjusting super contributions when salary changed . . . . . . . . . . 186
226 Super contributions for non-contributory members . . . . . . . . . . . 187
227 Interest is payable on unpaid super contributions . . . . . . . . . . . . 187
228 Local governments must not establish employee
superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
229 Super scheme for councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
230 Super schemes to be audited by auditor-general. . . . . . . . . . . . . 189
Part 3 Allocating Commonwealth funding to local governments
Division 1 Allocating Commonwealth funding
231 Allocating Commonwealth funding . . . . . . . . . . . . . . . . . . . . . . . . 189
232 Decisions under this division are not subject to appeal . . . . . . . . 190
Division 2 The grants commission
233 Grants commission is established . . . . . . . . . . . . . . . . . . . . . . . . 190
234 Members of grants commission . . . . . . . . . . . . . . . . . . . . . . . . . . 191
235 Conflict of interests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
Page 9
Local Government Bill 2008
Contents
236 Staff assistance to the grants commission . . . . . . . . . . . . . . . . . . 193
Part 4 Legal provisions
237 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 193
238 Administrators who act honestly are protected from liability . . . . 194
239 Who is authorised to sign local government documents . . . . . . . 195
240 Name in proceedings by or against a local government. . . . . . . . 196
241 Service of documents on local governments . . . . . . . . . . . . . . . . 196
242 Substituted service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
243 Acting for a local government in legal proceedings . . . . . . . . . . . 197
244 Attempt to commit offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
245 Types of offences under this Act. . . . . . . . . . . . . . . . . . . . . . . . . . 197
246 Time to start proceedings in a summary way. . . . . . . . . . . . . . . . 199
247 Decisions not subject to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . 199
248 Judges and other office holders not disqualified from adjudicating 200
249 Where fines are to be paid to . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
250 Local government references in this Act . . . . . . . . . . . . . . . . . . . 200
251 Evidence of local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
252 Evidence of proceedings of local government . . . . . . . . . . . . . . . 201
253 Evidentiary value of copies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
254 Evidentiary value of certificates . . . . . . . . . . . . . . . . . . . . . . . . . . 202
255 Evidence of directions given to local government . . . . . . . . . . . . 203
256 Evidence of complainant's knowledge of matter . . . . . . . . . . . . . 203
257 Constitution and limits of local government need not be proved . 203
Part 5 Delegation of powers
258 Delegation of Minister's powers . . . . . . . . . . . . . . . . . . . . . . . . . . 204
259 Delegation of department's chief executive's powers . . . . . . . . . . 204
260 Delegation of local government powers . . . . . . . . . . . . . . . . . . . . 204
261 Delegation of mayor's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
262 Delegation of chief executive officer powers . . . . . . . . . . . . . . . . 205
263 Local government delegations register . . . . . . . . . . . . . . . . . . . . 205
Part 6 Other provisions
264 Public office of a local government. . . . . . . . . . . . . . . . . . . . . . . . 206
265 Powers in support of responsibilities . . . . . . . . . . . . . . . . . . . . . . 206
266 Validity of committee proceedings . . . . . . . . . . . . . . . . . . . . . . . . 206
267 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
268 Review of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
Page 10
Local Government Bill 2008
Contents
269 Process for administrative action complaints . . . . . . . . . . . . . . . . 207
270 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
Chapter 8 Transitionals, savings and repeals
271 What this chapter is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
272 Local governments, including joint local governments . . . . . . . . . 209
273 Community governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
274 Local service committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
275 Local government owned corporation . . . . . . . . . . . . . . . . . . . . . 210
276 Local laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
277 Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
278 Proceedings and evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
279 Super trust deed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
280 Registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
281 Remuneration schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
282 References to repealed LG Act . . . . . . . . . . . . . . . . . . . . . . . . . . 212
283 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 212
284 Administration of sinking fund for liquidation of current
borrowings ..................................... 213
285 Local Government Association. . . . . . . . . . . . . . . . . . . . . . . . . . . 213
286 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
Chapter 9 Amendments of other Acts
287 Acts amended in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
Schedule 1 Other Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
Aboriginal and Torres Strait Islander Communities (Justice, Land
and Other Matters) Act 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
Aboriginal Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
Aborigines and Torres Strait Islanders (Land Holding) Act 1985 . 216
Acts Interpretation Act 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
Airport Assets (Restructuring and Disposal) Act 2008 . . . . . . . . . 217
Body Corporate and Community Management Act 1997. . . . . . . 217
Brisbane City Council Business and Procedure Act 1939 . . . . . . 218
Brisbane River Tidal Lands Improvement Act 1927 . . . . . . . . . . . 219
Building Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
Building Units and Group Titles Act 1980. . . . . . . . . . . . . . . . . . . 220
City of Brisbane Act 1924. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
Coastal Protection and Management Act 1995 . . . . . . . . . . . . . . 221
Page 11
Local Government Bill 2008
Contents
Community Services Act 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
Constitution of Queensland 2001 . . . . . . . . . . . . . . . . . . . . . . . . . 222
Criminal Code Act 1899 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
Criminal Offence Victims Act 1995 . . . . . . . . . . . . . . . . . . . . . . . . 223
Disaster Management Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . 223
Domestic and Family Violence Protection Act 1989. . . . . . . . . . . 223
Duties Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
Electoral Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
Financial Administration and Audit Act 1977 . . . . . . . . . . . . . . . . 224
Fire and Rescue Service Act 1990. . . . . . . . . . . . . . . . . . . . . . . . 224
Fisheries Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
Fluoridation of Public Water Supplies Act 1963 . . . . . . . . . . . . . . 225
Forestry Act 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
Fossicking Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
Freedom of Information Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 226
Geothermal Exploration Act 2004 . . . . . . . . . . . . . . . . . . . . . . . . 227
Housing Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
Housing (Freeholding of Land) Act 1957 . . . . . . . . . . . . . . . . . . . 228
Iconic Queensland Places Act 2008. . . . . . . . . . . . . . . . . . . . . . . 228
Inala Shopping Centre Freeholding Act 2006. . . . . . . . . . . . . . . . 229
Industrial Development Act 1963 . . . . . . . . . . . . . . . . . . . . . . . . . 230
Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
Justices Act 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
Land Protection (Pest and Stock Route Management) Act 2002 . 232
Land Tax Act 1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
Land Title Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
Libraries Act 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
Liquor Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
Local Government (Aboriginal Lands) Act 1978. . . . . . . . . . . . . . 235
Local Government (Chinatown and The Valley Malls) Act 1984 . 235
Local Government (Queen Street Mall) Act 1981 . . . . . . . . . . . . 236
Metropolitan Water Supply and Sewerage Act 1909 . . . . . . . . . . 236
Mineral Resources Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
Motor Racing Events Act 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
National Trust of Queensland Act 1963 . . . . . . . . . . . . . . . . . . . . 237
Page 12
Local Government Bill 2008
Contents
Ombudsman Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
Parliament of Queensland Act 2001. . . . . . . . . . . . . . . . . . . . . . . 237
Petroleum Act 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
Petroleum and Gas (Production and Safety) Act 2004. . . . . . . . . 238
Plumbing and Drainage Act 2002. . . . . . . . . . . . . . . . . . . . . . . . . 238
Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 239
Property Agents and Motor Dealers Act 2000 . . . . . . . . . . . . . . . 240
Prostitution Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
Public Health Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
Public Records Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
Public Sector Ethics Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
Public Service Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
Queensland Competition Authority Act 1997 . . . . . . . . . . . . . . . . 242
Queensland Treasury Corporation Act 1988 . . . . . . . . . . . . . . . . 243
Racing Venues Development Act 1982 . . . . . . . . . . . . . . . . . . . . 243
Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling
Act 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited)
Enabling Act 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
Residential Tenancies Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . 244
River Improvement Trust Act 1940 . . . . . . . . . . . . . . . . . . . . . . . . 245
Sanctuary Cove Resort Act 1985 . . . . . . . . . . . . . . . . . . . . . . . . . 245
South Bank Corporation Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . 246
South East Queensland Water (Restructuring) Act 2007 . . . . . . . 246
Sugar Industry Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
Torres Strait Islander Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . 247
Townsville Breakwater Entertainment Centre Act 1991 . . . . . . . . 247
Townsville City Council (Douglas Land Development) Act 1993 . 247
Transport Infrastructure Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . 248
Transport Operations (Road Use Management) Act 1995 . . . . . . 249
Urban Land Development Authority Act 2007 . . . . . . . . . . . . . . . 249
Valuation of Land Act 1944 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
Vegetation Management Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . 250
Water Act 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
Water Supply (Safety and Reliability) Act 2008 . . . . . . . . . . . . . . 251
Whistleblowers Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 252
Page 13
Local Government Bill 2008
Contents
Workers' Compensation and Rehabilitation Act 2003 . . . . . . . . . 252
Schedule 2 Comparative terms for the Brisbane City Council . . . . . . . . . 253
Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
Page 14
2008
A Bill
for
An Act to provide a system of local government in Queensland,
and related purposes
Local Government Bill 2008
Chapter 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
1 Short title 3
This Act may be cited as the Local Government Act 2008. 4
2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
3 Purpose of this Act 7
The purpose of this Act is to provide for-- 8
(a) the way in which a local government is constituted and 9
the nature and extent of its responsibilities and powers; 10
and 11
(b) a system of local government in Queensland that is 12
accountable, effective, efficient and sustainable. 13
Note-- 14
The system of local government consists of a number of local 15
governments. See the Constitution of Queensland 2001, section 16
70 (System of local government). 17
4 Local government principles underpin this Act 18
(1) To ensure the system of local government is accountable, 19
effective, efficient and sustainable, Parliament requires 20
anyone who is performing a responsibility under this Act to 21
do so in accordance with the local government principles. 22
(2) The local government principles are-- 23
Page 16
Local Government Bill 2008
Chapter 1 Preliminary
[s 5]
(a) transparent and effective processes, and 1
decision-making in the public interest; and 2
(b) sustainable development and management of assets and 3
infrastructure, and delivery of effective services; and 4
(c) democratic representation, social inclusion and 5
meaningful community engagement; and 6
(d) good governance of, and by, local government; and 7
(e) ethical and legal behaviour of councillors and local 8
government employees. 9
5 How this Act applies to the Brisbane City Council 10
(1) The City of Brisbane is a local government under this Act. 11
(2) However, this Act applies to the Brisbane City Council, with 12
any necessary changes, only to the extent that this Act 13
provides for a matter that the City of Brisbane Act 1924 does 14
not provide for. 15
(3) For that purpose, a reference in this Act, that is set out in 16
column 1 of schedule 2, is taken to be a reference to the 17
corresponding words in the City of Brisbane Act 1924, that is 18
set out in column 2 of schedule 2. 19
6 Definitions 20
The dictionary in schedule 3 defines particular words used in 21
this Act. 22
Page 17
Local Government Bill 2008
Chapter 2 Local governments
Part 1 Local governments and their constitution, responsibilities and powers
[s 7]
Chapter 2 Local governments 1
Part 1 Local governments and their 2
constitution, responsibilities 3
and powers 4
7 What this part is about 5
This part explains-- 6
(a) what a local government is; and 7
(b) what a local government area is; and 8
(c) who constitutes a local government; and 9
(d) the responsibilities and powers of a local government, 10
its councillors and its employees. 11
8 Local government's responsibility for local government 12
areas 13
(1) A local government is an elected body that is responsible for 14
the good rule and local government of a part of Queensland. 15
Note-- 16
This is provided for in the Constitution of Queensland 2001, section 71 17
(Requirements for a local government). 18
(2) A part of Queensland that is governed by a local government 19
is called a local government area. 20
(3) A local government area may be divided into areas called 21
divisions. 22
(4) A regulation may-- 23
(a) describe the boundaries of a local government area; or 24
(b) describe the boundaries of any divisions; or 25
(c) fix the number of councillors for a local government; or 26
Page 18
Local Government Bill 2008
Chapter 2 Local governments
Part 1 Local governments and their constitution, responsibilities and powers
[s 9]
(d) name a local government area; or 1
(e) classify a local government area as a city, town, shire or 2
region. 3
9 Powers of local governments generally 4
(1) A local government has the power to do anything that is 5
necessary or convenient for the good rule and local 6
government of its local government area. 7
Note-- 8
Also, see section 265 (Powers in support of responsibilities) for more 9
information about powers. 10
(2) However, a local government can only do something that the 11
State can validly do. 12
(3) When exercising a power, a local government may take 13
account of Aboriginal tradition and Island custom. 14
(4) A local government may exercise its powers-- 15
(a) inside the local government area; or 16
(b) outside the local government area (including outside 17
Queensland)-- 18
(i) with the written approval of the Minister; or 19
(ii) as provided in section 10(5). 20
(5) When a local government is exercising a power in a place that 21
is outside its local government area, the local government has 22
the same jurisdiction in the place as if the place were inside its 23
local government area. 24
10 Power includes power to conduct joint government 25
activities 26
(1) A local government may exercise its powers by cooperating 27
with 1 or more other local, State or Commonwealth 28
governments to conduct a joint government activity. 29
Page 19
Local Government Bill 2008
Chapter 2 Local governments
Part 1 Local governments and their constitution, responsibilities and powers
[s 11]
(2) A joint government activity includes providing a service, or 1
operating a facility, that involves the other governments. 2
(3) The cooperation with another government may take any form, 3
including for example-- 4
(a) entering into an agreement; or 5
(b) creating a joint local government entity, or joint 6
government entity, to oversee the joint government 7
activity. 8
(4) A joint government activity may be set up for more than 1 9
purpose. 10
Example-- 11
Three local governments may create a joint local government entity to 12
manage an aerodrome that services each of their local government areas, 13
and may also enter into an agreement to sell water in bulk to 1 of the 14
local governments. 15
(5) A local government may exercise a power in another 16
government's area for the purposes of a joint government 17
activity, in the way agreed by the governments. 18
(6) However, if the power is to be exercised under a local law, the 19
local law must expressly state that it applies to the other 20
government's area. 21
Note-- 22
See section 29 for more information about making local laws. 23
11 Who a local government is constituted by 24
(1) Usually, a local government is constituted by the councillors 25
who are elected or appointed to the local government under 26
this Act or the Local Government Electoral Act. 27
(2) However-- 28
(a) if all of the councillors have been dismissed under 29
section 123 and an interim administrator is 30
appointed--the local government is constituted by the 31
interim administrator; or 32
Page 20
Local Government Bill 2008
Chapter 2 Local governments
Part 1 Local governments and their constitution, responsibilities and powers
[s 12]
(b) if there are no councillors for any other reason--the 1
local government is constituted by its chief executive 2
officer. 3
12 Responsibilities of councillors 4
(1) All councillors of a local government have the same 5
responsibilities, but the mayor has some extra responsibilities. 6
(2) All councillors have the following responsibilities-- 7
(a) ensuring the local government-- 8
(i) discharges its responsibilities under this Act, in 9
accordance with the local government principles; 10
and 11
(ii) achieves its corporate and community plans; and 12
(iii) complies with all laws that apply to local 13
governments; 14
(b) providing high quality leadership to the local 15
government and the community; 16
(c) participating in council meetings, policy development, 17
and decision making, for the benefit of the local 18
government area; 19
(d) being accountable to the community for the local 20
government's performance. 21
(3) The mayor has the following extra responsibilities-- 22
(a) leading and managing meetings of the local government 23
at which the mayor is present, including managing the 24
conduct of the participants at the meetings; 25
(b) presenting the local government with its budget; 26
(c) directing, and liaising with, the chief executive officer 27
on behalf of the other councillors; 28
(d) leading, managing, and providing strategic direction to, 29
the chief executive officer in order to achieve the high 30
quality administration of the local government; 31
Page 21
Local Government Bill 2008
Chapter 2 Local governments
Part 1 Local governments and their constitution, responsibilities and powers
[s 13]
(e) conducting a performance appraisal of the chief 1
executive officer, at least annually; 2
(f) being a member of each committee of the local 3
government; 4
(g) representing the local government at ceremonial or civic 5
functions. 6
(4) A councillor who is not the mayor may perform the mayor's 7
extra responsibilities only if the mayor delegates the 8
responsibility to the councillor. 9
(5) When performing a responsibility, a councillor must serve the 10
overall public interest of the whole local government area. 11
13 Responsibilities of local government employees 12
(1) All employees of a local government have the same 13
responsibilities, but the chief executive officer has some extra 14
responsibilities. 15
(2) All employees have the following responsibilities-- 16
(a) implementing the policies and priorities of the local 17
government in a way that promotes-- 18
(i) the effective, efficient and economical 19
management of public resources; and 20
(ii) excellence in service delivery; and 21
(iii) continual improvement; 22
(b) ensuring the local government-- 23
(i) discharges its responsibilities under this Act in 24
accordance with the local government principles; 25
and 26
(ii) complies with all laws that apply to local 27
governments; and 28
(iii) achieves its corporate and community plans; 29
Page 22
Local Government Bill 2008
Chapter 2 Local governments
Part 1 Local governments and their constitution, responsibilities and powers
[s 13]
(c) providing sound and impartial advice to the local 1
government; 2
(d) carrying out their duties impartially and with integrity; 3
(e) ensuring the employee's personal conduct does not 4
reflect adversely on the reputation of the local 5
government; 6
(f) improving all aspects of the employee's work 7
performance; 8
(g) observing all laws relating to their employment; 9
(h) observing the ethics principles under the Public Sector 10
Ethics Act 1994, section 4; 11
(i) complying with a code of conduct under the Public 12
Sector Ethics Act 1994. 13
(3) The chief executive officer has the following extra 14
responsibilities-- 15
(a) managing the local government in a way that 16
promotes-- 17
(i) the effective, efficient and economical 18
management of public resources; and 19
(ii) excellence in service delivery; and 20
(iii) continual improvement; 21
(b) managing the other local government employees 22
through management practices that-- 23
(i) promote equal employment opportunities; and 24
(ii) are responsive to the local government's policies 25
and priorities; 26
(c) establishing and implementing goals and practices in 27
accordance with the policies and priorities of the local 28
government; 29
Page 23
Local Government Bill 2008
Chapter 2 Local governments
Part 2 Divisions of local government areas
[s 14]
(d) establishing and implementing practices about access 1
and equity to ensure that members of the community 2
have access to-- 3
(i) local government programs; and 4
(ii) appropriate avenues for reviewing local 5
government decisions. 6
Part 2 Divisions of local government 7
areas 8
14 What this part is about 9
This part is about the number of electors that are to be in each 10
division of a local government area, to ensure democratic 11
representation. 12
15 Division of local government areas 13
(1) Each division of a local government area must have a 14
reasonable proportion of electors. 15
(2) A reasonable proportion of electors is the number of electors 16
that is worked out by dividing the total number of electors in 17
the local government area (as nearly as can be found out) by 18
the number of councillors (other than the mayor), plus or 19
minus-- 20
(a) for a local government area with more than 10000 21
electors--10%; or 22
(b) for any other local government area--20%. 23
Examples-- 24
1 If the total number of electors in the local government area is 25
15000, and the number of councillors (other than the mayor) is 5, 26
the reasonable proportion of electors is 3000 (i.e. 15000 divided by 27
5) plus or minus 10%, i.e. between 2700 and 3300 electors. 28
Page 24
Local Government Bill 2008
Chapter 2 Local governments
Part 3 Changing a local government area, name or representation
[s 16]
2 If the total number of electors in the local government area is 5000, 1
and the number of councillors (other than the mayor) is 5, the 2
reasonable proportion of electors is 1000 (i.e. 5000 divided by 5) 3
plus or minus 20%, i.e. between 800 and 1200 electors. 4
(3) When changing the divisions of a local government area, the 5
reasonable proportion of electors must be worked out as near 6
as practicable to the time when the change is to happen. 7
16 Review of divisions of local government areas 8
(1) The local government must review whether each of its 9
divisions has a reasonable proportion of electors, no later than 10
2 years before the year of the quadrennial elections for local 11
governments. 12
(2) The local government must give the electoral commissioner 13
and the Minister written notice of the results of the review. 14
Part 3 Changing a local government 15
area, name or representation 16
Division 1 Introduction 17
17 What this part is about 18
(1) This part is about making a local government change. 19
(2) A local government change is a change of-- 20
(a) the boundaries of a local government area; or 21
(b) any divisions of a local government area, other than the 22
city of Brisbane; or 23
(c) the number of councillors for a local government; or 24
(d) the name of a local government area. 25
Page 25
Local Government Bill 2008
Chapter 2 Local governments
Part 3 Changing a local government area, name or representation
[s 18]
(3) In summary, the process for making a local government 1
change is as follows-- 2
· assessment--the change commission assesses whether a 3
proposed local government change is in the public 4
interest 5
· implementation--the Governor in Council implements 6
the local government change under a regulation. 7
(4) The change commission, which conducts the assessment 8
phase of the process, is an independent body that is created 9
under this Act. 10
Note-- 11
See division 3 for the creation of the change commission. 12
Division 2 The process for change 13
18 Who may start the change process 14
(1) Only the Minister may apply to the change commission to 15
assess whether to alter a local government change that was 16
made under the 2007 reform process. 17
(2) The 2007 reform process is the reform process that was 18
implemented under-- 19
(a) the Local Government Reform Implementation Act 20
2007; or 21
(b) the Local Government and other Legislation 22
(Indigenous Regional Councils) Act 2007. 23
(3) For any other local government change-- 24
(a) a local government; or 25
(b) the Minister; or 26
(c) the electoral commission; 27
may apply to the change commission to assess whether the 28
change should be made. 29
Page 26
Local Government Bill 2008
Chapter 2 Local governments
Part 3 Changing a local government area, name or representation
[s 19]
19 Assessment 1
(1) The change commission is responsible for assessing whether a 2
proposed local government change is in the public interest. 3
(2) In doing so, the change commission must consider-- 4
(a) whether the proposed local government change is 5
consistent with the local government principles; and 6
(b) the views of the Minister about the proposed local 7
government change; and 8
(c) any other matters prescribed under a regulation. 9
(3) The change commission may conduct its assessment in any 10
way that it considers appropriate. 11
(4) However, as a minimum, the change commission must-- 12
(a) ask for submissions from any local government that 13
would be affected by the proposed local government 14
change; and 15
(b) hold a public hearing (in the way set out in chapter 7, 16
part 1) to ask the public for its views about the proposed 17
local government change. 18
(5) The change commission must let the public know the results 19
of its assessment and the reasons for the results, by publishing 20
notice of the results-- 21
(a) in a newspaper that is circulating generally in the local 22
government area; and 23
(b) in the gazette; and 24
(c) on the electoral commission's website. 25
(6) The change commission must also give the results of its 26
assessment to the Minister. 27
(7) The change commission may recommend that the Governor in 28
Council implement the change commission's assessment. 29
Page 27
Local Government Bill 2008
Chapter 2 Local governments
Part 3 Changing a local government area, name or representation
[s 20]
20 Implementation 1
(1) The Governor in Council may implement the change 2
commission's recommendation under a regulation. 3
(2) The regulation may provide for anything that is necessary or 4
convenient to facilitate the implementation of the local 5
government change. 6
(3) For example, the regulation may provide for-- 7
(a) holding, postponing or cancelling a local government 8
election; or 9
(b) the transfer of assets and liabilities from a local 10
government to another local government. 11
(4) A local government is not liable to pay a State tax in relation 12
to a transfer or other arrangement made to implement a local 13
government change. 14
(5) A State tax is a tax, charge, fee or levy imposed under an Act, 15
other than a duty under the Duties Act 2001. 16
21 Decisions under this division are not subject to appeal 17
A decision of the change commission under this division is 18
not subject to appeal. 19
Note-- 20
See section 247 for more information. 21
Division 3 The change commission 22
22 Change commission is established 23
(1) The Local Government Change Commission (the change 24
commission) is established. 25
(2) The change commission is made up of-- 26
(a) the electoral commissioner; or 27
Page 28
Local Government Bill 2008
Chapter 2 Local governments
Part 3 Changing a local government area, name or representation
[s 23]
(b) any combination of the following persons that the 1
electoral commissioner nominates-- 2
(i) the electoral commissioner; 3
(ii) the deputy electoral commissioner; 4
(iii) a casual commissioner. 5
23 Casual commissioners 6
(1) The Governor in Council may appoint the number of casual 7
commissioners that the Governor in Council considers 8
appropriate. 9
(2) The Governor in Council must appoint a qualified person to 10
be a casual commissioner. 11
(3) A person is qualified to be a casual commissioner if the 12
person-- 13
(a) has-- 14
(i) extensive knowledge of and experience in local 15
government, public administration, law, public 16
finance or community affairs; or 17
(ii) other qualifications and experience that the 18
Governor in Council considers appropriate; but 19
(b) is not-- 20
(i) a member of an Australian Parliament; or 21
(ii) a nominee for election as a member of an 22
Australian Parliament; or 23
(iii) a councillor; or 24
(iv) a nominee for election as a councillor; or 25
(v) a person who has accepted an appointment as a 26
councillor; or 27
(vi) a member of a political party; or 28
Page 29
Local Government Bill 2008
Chapter 2 Local governments
Part 3 Changing a local government area, name or representation
[s 24]
(vii) a person who has a conviction for an indictable 1
offence that is not an expired conviction. 2
(4) A casual commissioner may be appointed for a term of not 3
longer than 3 years. 4
(5) A casual commissioner holds office on the conditions 5
(including about fees and allowances, for example) that the 6
Governor in Council decides. 7
(6) A casual commissioner may resign by a signed notice of 8
resignation given to the department's chief executive. 9
24 Conflict of interests 10
(1) This section applies if-- 11
(a) a person on the change commission has a direct or 12
indirect financial interest in a matter being considered, 13
or about to be considered, by the change commission; 14
and 15
(b) the interest could conflict with the proper performance 16
of the person's responsibilities for the matter. 17
(2) The person must not take part, or take any further part, in the 18
consideration of the matter. 19
Maximum penalty--35 penalty units. 20
(3) As soon as practicable after the person becomes aware that 21
this section applies to the matter, the person must-- 22
(a) if the person is the electoral commissioner--direct the 23
deputy electoral commissioner to constitute the change 24
commission in the electoral commissioner's place; or 25
(b) otherwise--inform the electoral commissioner. 26
Maximum penalty--35 penalty units. 27
(4) If subsection (3)(b) applies, the electoral commissioner must 28
take the person's place. 29
Page 30
Local Government Bill 2008
Chapter 3 The business of local governments
Part 1 Local laws
[s 25]
25 Annual report of change commission 1
(1) The electoral commissioner must prepare a report about the 2
change commission's operations during each financial year. 3
(2) The electoral commissioner must give a copy of the report to 4
the Minister, before the end of the first October after the 5
financial year. 6
(3) The Minister must table a copy of the report in the Legislative 7
Assembly, within 7 sitting days after receiving the report. 8
(4) The electoral commissioner must include the report in the 9
annual report of the electoral commission (that is prepared 10
under the Electoral Act, section 19). 11
(5) The electoral commissioner must ensure that the public can 12
inspect copies of the report-- 13
(a) at the electoral commission's office in Brisbane; and 14
(b) on the electoral commission's website. 15
Chapter 3 The business of local 16
governments 17
Part 1 Local laws 18
Division 1 Introduction 19
26 What this part is about 20
(1) This part is about local laws. 21
(2) A local law is a law made by a local government. 22
(3) Unless there is a contrary intention, a reference in this Act to a 23
local law includes a reference to-- 24
Page 31
Local Government Bill 2008
Chapter 3 The business of local governments
Part 1 Local laws
[s 27]
(a) an interim local law; and 1
(b) a subordinate local law; and 2
(c) a local law that is based on a model local law. 3
(4) An interim local law is a local law that has effect for 6 months 4
or less. 5
(5) A subordinate local law is a local law that-- 6
(a) is made under a power contained in a local law; and 7
(b) provides for the detailed implementation of the broader 8
principles contained in the local law. 9
(6) A subordinate local law is called that because it is subordinate 10
to the local law under which it is made, so that if there is any 11
inconsistency between the subordinate local law and the local 12
law, the local law prevails to the extent of the inconsistency. 13
(7) The Minister may approve, by gazette notice, a local law as 14
being suitable for adoption by all local governments. 15
(8) This type of local law is a model local law. 16
27 Interaction with State laws and the State 17
(1) If there is any inconsistency between a local law and a law 18
made by the State, the law made by the State prevails to the 19
extent of the inconsistency. 20
(2) A local law does not bind the State. 21
Division 2 Making, recording and reviewing 22
local laws 23
28 Power to make a local law 24
(1) A local government may make and enforce any local law that 25
is necessary or convenient for the good rule and local 26
government of its local government area. 27
Page 32
Local Government Bill 2008
Chapter 3 The business of local governments
Part 1 Local laws
[s 29]
(2) However, a local government must not make a local law-- 1
(a) that sets a penalty of more than 850 penalty units for 2
each conviction of failing to comply with a local law, 3
including each conviction when there is more than 1 4
conviction for a continuing offence or repeat offence; or 5
(b) that purports to stop a local law being amended or 6
repealed in the future; or 7
(c) about a subject that is prohibited under division 3. 8
29 Local law making process 9
(1) Each local government may decide its own process for 10
making a local law. 11
(2) However, the process must be consistent with-- 12
(a) the local government principles; and 13
(b) this section. 14
(3) The local government must consult with relevant government 15
entities about the overall State interest in a proposed local law 16
before it makes the local law, unless the local law is-- 17
(a) an interim local law; or 18
(b) a local law that is based on a model local law. 19
(4) The local government must let the public know that a local 20
law has been made, by publishing a notice of making the local 21
law-- 22
(a) in a newspaper that is circulating generally in the local 23
government area; and 24
(b) in the gazette; and 25
(c) on the local government's website. 26
(5) The notice must be published within 1 month after the day 27
when the local government made the resolution to make the 28
local law. 29
(6) The notice must state-- 30
Page 33
Local Government Bill 2008
Chapter 3 The business of local governments
Part 1 Local laws
[s 29]
(a) the name of the local government; and 1
(b) the date when the local government made the resolution 2
to make the local law; and 3
(c) the name of the local law; and 4
(d) the name of any existing local law that was amended or 5
repealed by the new local law; and 6
(e) if the local law is based on a model local law--that fact, 7
and the extent to which the model local law was 8
changed; and 9
(f) the purpose and general effect of the local law; and 10
(g) if the local law contains an anti-competitive 11
provision--that fact; and 12
(h) that a copy of the local law may be-- 13
(i) inspected and purchased at the local government's 14
public office; and 15
(ii) inspected at the department's State office. 16
(7) As soon as practicable after the notice is published in the 17
gazette, the local government must ensure that a copy of the 18
local law may be-- 19
(a) inspected and purchased at the local government's 20
public office; and 21
(b) inspected at the department's State office. 22
(8) A copy of a local law must cost no more than the cost to the 23
local government of making the copy available for purchase. 24
(9) Within 7 days after the notice is published in the gazette, the 25
local government must give the Minister-- 26
(a) a copy of the notice; and 27
(b) a copy of the local law; and 28
(c) a drafting certificate for the local law. 29
Page 34
Local Government Bill 2008
Chapter 3 The business of local governments
Part 1 Local laws
[s 30]
Note-- 1
See section 121 for the powers of the Minister in relation to a local law 2
that is not made according to this section. 3
30 Expiry of interim local law revives previous law 4
(1) This section applies if-- 5
(a) an interim local law amends or repeals a local law; and 6
(b) the interim local law expires; and 7
(c) the interim local law is not made (either with or without 8
change) as a local law. 9
(2) When the interim local law expires-- 10
(a) the local law is revived in its previous form; and 11
(b) any subordinate local law or provision of a subordinate 12
local law, that stopped having effect because the local 13
law was amended or repealed, is revived in its previous 14
form. 15
(3) The previous form of a local law, subordinate local law, or 16
provision of a subordinate local law is the form it was in 17
immediately before the interim local law commenced. 18
(4) This section does not affect anything that was done or suffered 19
under the interim local law before it expired. 20
(5) This section applies despite the Acts Interpretation Act 1954, 21
section 19. 22
31 Local law register 23
(1) A local government must keep a register of its local laws, in 24
the way that is required under a regulation. 25
(2) The public may inspect the register at the local government's 26
public office. 27
Page 35
Local Government Bill 2008
Chapter 3 The business of local governments
Part 1 Local laws
[s 32]
32 Consolidated versions of local laws 1
(1) A local government may prepare and adopt a consolidated 2
version of a local law. 3
(2) A consolidated version of a local law is a document that 4
accurately combines a local government's local law, as it was 5
originally made, with all the amendments made to the local 6
law since the local law was originally made. 7
(3) When the local government adopts the consolidated version of 8
the local law, the consolidated version is taken to be the local 9
law, in the absence of evidence to the contrary. 10
(4) Within 7 days after the local government adopts the 11
consolidated version of the local law, the local government 12
must give a copy of the consolidated version to the Minister. 13
33 Regular review of local laws 14
A local government must regularly review the provisions of its 15
local laws (including anti-competitive provisions, for 16
example) with a view to ensuring the local laws are relevant to 17
the public interest. 18
Division 3 Local laws that can not be made 19
34 What this division is about 20
This division specifies the subjects that a local government 21
must not make a local law about. 22
35 Network connections 23
(1) A local government must not make a local law that regulates 24
network connections. 25
(2) A network connection is an installation that has the sole 26
purpose of connecting a home or other structure to an existing 27
telecommunications network. 28
Page 36
Local Government Bill 2008
Chapter 3 The business of local governments
Part 1 Local laws
[s 36]
(3) A local law, to the extent that it is contrary to this section, has 1
no effect. 2
36 Election advertising 3
(1) A local government must not make a local law that-- 4
(a) prohibits or regulates the distribution of how-to-vote 5
cards; or 6
(b) prohibits the placement of election signs or posters. 7
(2) A how-to-vote card includes a how-to-vote card under the 8
Electoral Act or Local Government Electoral Act. 9
(3) An election sign or poster is a sign or poster that is able, or is 10
intended, to-- 11
(a) influence a person about voting at any government 12
election; or 13
(b) affect the result of any government election. 14
(4) A government election is an election for a local, State or 15
Commonwealth government. 16
(5) A local law, to the extent that it is contrary to this section, has 17
no effect. 18
37 Development processes 19
(1) A local government must not make a local law that establishes 20
an alternative development process. 21
(2) An alternative development process is a process that is 22
similar to or duplicates all or part of a process in the Planning 23
Act, chapter 3. 24
(3) However, if a local law already contains a provision that 25
establishes an alternative development process, the local 26
government-- 27
(a) may repeal the provision at any time; and 28
Page 37
Local Government Bill 2008
Chapter 3 The business of local governments
Part 1 Local laws
[s 38]
(b) may amend the provision until a new planning scheme 1
comes into effect in the local government area. 2
(4) A planning scheme is a planning scheme, other than a 3
transitional planning scheme, under the Planning Act. 4
(5) This section does not apply to a local law about-- 5
(a) advertising devices; or 6
(b) gates and grids; or 7
(c) levees; or 8
(d) roadside dining; 9
until the local government decides (under the Planning Act, 10
schedule 1, section 1) to prepare its next IPA planning 11
scheme. 12
(6) A local law, to the extent that it is contrary to this section, has 13
no effect. 14
38 Anti-competitive provisions 15
(1) A local government must not make a local law that contains 16
an anti-competitive provision unless the local government has 17
complied with the procedures prescribed under a regulation 18
for the review of anti-competitive provisions. 19
(2) A local law, to the extent that it is contrary to this section, has 20
no effect. 21
Page 38
Local Government Bill 2008
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 39]
Part 2 Business enterprises and 1
activities 2
Division 1 Beneficial enterprises 3
39 What this division is about 4
(1) This division is about a local government conducting an 5
enterprise that is a beneficial enterprise. 6
(2) An enterprise includes a business activity, business endeavour 7
or business venture (including a joint venture, for example). 8
(3) A beneficial enterprise is an enterprise that a local 9
government considers is directed to benefiting, and can 10
reasonably be expected to benefit, the whole or part of its 11
local government area. 12
(4) For example, a beneficial enterprise includes an enterprise 13
that may-- 14
(a) contribute to the economic development of the local 15
government area; or 16
(b) attract commerce, industry or tourism to the local 17
government area; or 18
(c) provide opportunities for employment in the local 19
government area; or 20
(d) promote the supply of services to a part of the local 21
government area; or 22
(e) help the finances of the local government; or 23
(f) help the local government to perform its responsibilities. 24
(5) A local government is conducting a beneficial enterprise if 25
the local government is engaging in, or helping, the beneficial 26
enterprise. 27
Page 39
Local Government Bill 2008
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 40]
40 Conducting beneficial enterprises 1
(1) A local government may decide, by resolution, to conduct a 2
beneficial enterprise. 3
(2) However, the local government must consult with, and have 4
proper regard to the advice of, professional advisors before 5
the local government conducts the beneficial enterprise. 6
(3) Professional advisors are persons who the local government 7
considers have relevant competence about-- 8
(a) knowledge of financial implications and risk 9
management; and 10
(b) the end to which the enterprise is, or would be, directed; 11
and 12
(c) the ways of achieving that end; and 13
(d) the lawfulness of conducting the enterprise. 14
(4) In order to conduct the beneficial enterprise, the local 15
government may-- 16
(a) commercially exploit the local government's tangible or 17
intangible property rights; or 18
(b) participate with an association, other than by-- 19
(i) participating with an unlimited corporation; or 20
(ii) being an unlimited partner of a partnership; or 21
(iii) entering into an agreement that does not limit the 22
liability of the local government, as between the 23
parties, to the amount committed by the local 24
government under the agreement; or 25
(iv) borrowing, or guaranteeing a borrowing. 26
(5) A local government participates with an association if the 27
local government-- 28
(a) forms, or takes part in forming, an association; or 29
(b) becomes a member of an association; or 30
(c) takes part in the management of an association; or 31
Page 40
Local Government Bill 2008
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 41]
(d) acquires or disposes of shares, debentures and securities 1
of an association. 2
(6) An association is-- 3
(a) a partnership; or 4
(b) an unlisted corporation; or 5
(c) another association of persons that is not a corporation. 6
(7) An unlisted corporation is a corporation that is limited by 7
shares but is not listed on a stock exchange. 8
41 Register of beneficial enterprises 9
(1) A local government must establish a register that includes a 10
record, for each beneficial enterprise that it conducts, of-- 11
(a) particulars of the purpose to be achieved by conducting 12
the beneficial enterprise; and 13
(b) the identity of any entity with which the local 14
government has conducted a beneficial enterprise; and 15
(c) the identity of the professional advisors with whom the 16
local government consulted about conducting the 17
beneficial enterprise; and 18
(d) the amount of money, or the market value of property, 19
that the local government has committed to a beneficial 20
enterprise, as at the date that the property was 21
committed. 22
(2) The public may inspect the register at the local government's 23
public office. 24
(3) The local government must give the department's chief 25
executive and the auditor-general written notice of-- 26
(a) the establishment of the register as soon as practicable 27
after it is established; and 28
(b) the making of each entry in the register as soon as 29
practicable after it is made. 30
Page 41
Local Government Bill 2008
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 42]
42 Planning for a beneficial enterprise with the private 1
sector 2
(1) This section applies if a local government plans to invest in a 3
beneficial enterprise that is to be conducted with the private 4
sector. 5
(2) The local government must identify the amount that is to be 6
invested, as a capital expenditure, in the local government's 7
budget. 8
(3) If the local government does not commit that amount to the 9
beneficial enterprise in the financial year of that budget, the 10
amount may be carried forward to the next financial year for 11
the beneficial enterprise. 12
(4) Any amount that is carried forward must be held in a reserve 13
established by the local government in its operating fund, 14
until the amount is lawfully applied. 15
(5) A regulation may prescribe the maximum number of years 16
that an amount can be carried forward. 17
(6) A local government must get the approval of the department's 18
chief executive before the local government may-- 19
(a) invest in a beneficial enterprise when the local 20
government has not identified the amount of the 21
investment as a capital expenditure in its budget; or 22
(b) invest in a beneficial enterprise an amount prescribed 23
under a regulation. 24
(7) If the department's chief executive does not give the local 25
government written notice of his or her decision about the 26
approval, within 30 days after the approval is sought, the 27
department's chief executive is taken to have refused the 28
approval on the 31st day after the approval was sought. 29
(8) If a local government fails to comply with this section, the 30
department's chief executive may publish notice of the 31
failure-- 32
Page 42
Local Government Bill 2008
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 43]
(a) in a newspaper that is circulating generally in the local 1
government area; or 2
(b) on the local government's website. 3
Division 2 Business reform, including 4
competitive neutrality 5
43 What this division is about 6
(1) This division is about the application of the National 7
Competition Policy Agreements in relation to the significant 8
business activities of a local government. 9
(2) This includes the application of the competitive neutrality 10
principle if, in the circumstances, the public benefit (in terms 11
of service quality and cost) outweighs the costs of 12
implementation. 13
(3) Under the competitive neutrality principle, an entity that is 14
conducting a business activity in competition with the private 15
sector should not enjoy a net advantage over competitors only 16
because the entity is in the public sector. 17
(4) A significant business activity is a business activity of a local 18
government that-- 19
(a) is conducted in competition, or potential competition, 20
with the private sector (including off-street parking, 21
quarries, sporting facilities, for example); and 22
(b) meets the threshold prescribed under a regulation. 23
(5) However, a significant business activity does not include a 24
business activity that is-- 25
(a) a building certifying activity; or 26
(b) a roads activity; or 27
(c) is related to the provision of library services. 28
Page 43
Local Government Bill 2008
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 44]
Note-- 1
A building certifying activity or roads activity is dealt with under 2
section 47. 3
44 Ways to apply the competitive neutrality principle 4
(1) The competitive neutrality principle may be applied by-- 5
(a) commercialisation of a significant business activity; or 6
(b) corporatisation of a significant business activity; or 7
(c) full cost pricing of a significant business activity. 8
(2) Commercialisation involves creating a new business unit, that 9
is part of the local government, to conduct the significant 10
business activity on a commercial basis. 11
(3) Corporatisation involves creating a new corporate entity, that 12
is not part of the local government but is directly or indirectly 13
owned by the local government, to conduct the significant 14
business activity on a commercial basis. 15
(4) Full cost pricing involves pricing the significant business 16
activity on a commercial basis, but without creating a new 17
business unit or new corporate entity. 18
(5) A regulation may provide for-- 19
(a) matters relating to corporatisation, commercialisation or 20
full cost pricing; or 21
(b) any other matter relating to the application of the 22
competitive neutrality principle to the significant 23
business activities of a local government. 24
45 Identifying significant business activities 25
A local government's annual report for each financial year 26
must-- 27
(a) contain a list of all the business activities that the local 28
government conducted during the financial year; and 29
Page 44
Local Government Bill 2008
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 46]
(b) identify the business activities that are significant 1
business activities; and 2
(c) state whether or not the code of competitive conduct 3
was applied to the significant business activities, and if 4
the code was not applied, the reason why it was not 5
applied; and 6
Note-- 7
See section 47 for more information on the code of competitive 8
conduct. 9
(d) state whether any of the significant business activities 10
were not conducted in the preceding financial year, i.e. 11
whether there are any new significant business 12
activities. 13
46 Assessing public benefit 14
(1) This section applies to a new significant business activity that 15
is identified in the annual report of a local government. 16
(2) The local government must conduct a public benefit 17
assessment of the new significant business activity. 18
(3) A public benefit assessment is an assessment of whether the 19
benefit to the public (in terms of service quality and cost) of 20
applying the competitive neutrality principle in relation to a 21
significant business activity outweighs the costs of applying 22
the competitive neutrality principle. 23
(4) The local government must conduct the public benefit 24
assessment before the end of the financial year in which the 25
significant business activity is first identified in the annual 26
report. 27
(5) The local government must prepare a report on the public 28
benefit assessment that contains its recommendations about 29
the application of the competitive neutrality principle in 30
relation to the significant business activity. 31
(6) At a meeting of the local government, the local government 32
must-- 33
Page 45
Local Government Bill 2008
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 47]
(a) consider the report; and 1
(b) decide, by resolution, whether or not to apply the 2
competitive neutrality principle in relation to the 3
significant business activity. 4
(7) Any resolution that the competitive neutrality principle should 5
not be applied must include a statement of the reasons why it 6
should not be applied. 7
(8) The local government must give the Minister a copy of-- 8
(a) the report; and 9
(b) all resolutions made in relation to the report. 10
(9) If the local government decides not to apply the competitive 11
neutrality principle in relation to the significant business 12
activity, the local government must, within 3 years after 13
making the decision, repeat the process in this section. 14
(10) Subsection (9) also applies to a decision that was made before 15
the commencement of this section. 16
47 Code of competitive conduct 17
(1) This section is about the code of competitive conduct. 18
(2) The code of competitive conduct is the code of competitive 19
conduct prescribed under a regulation. 20
(3) A local government must apply the code of competitive 21
conduct to the conduct of the following business activities of 22
the local government-- 23
(a) a building certifying activity; 24
(b) a roads activity, other than a road activity for which 25
business is conducted only through a sole supplier 26
arrangement. 27
(4) A building certifying activity is a business activity that-- 28
(a) involves performing building certifying functions 29
(within the meaning of the Building Act, section 8); and 30
Page 46
Local Government Bill 2008
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 48]
(b) is prescribed under a regulation. 1
(5) A roads activity is a business activity (other than a business 2
activity prescribed under a regulation) that involves-- 3
(a) constructing or maintaining a State-controlled road, that 4
the State put out to competitive tender; or 5
(b) submitting a competitive tender in relation to-- 6
(i) constructing or maintaining a road in the local 7
government area, that the local government put out 8
to competitive tender; or 9
(ii) constructing or maintaining a road in another local 10
government area, that the other local government 11
put out to competitive tender. 12
(6) The local government must start to apply the code of 13
competitive conduct-- 14
(a) for a building certifying activity--from the start of the 15
financial year after the financial year in which the 16
building certifying activity is first conducted; or 17
(b) for a roads activity--from when the roads activity is first 18
conducted. 19
(7) A local government must decide each financial year, by 20
resolution, whether or not to apply the code of competitive 21
conduct to any other business activities. 22
48 Competitive neutrality complaints 23
(1) A local government must adopt a process for resolving 24
competitive neutrality complaints. 25
(2) A competitive neutrality complaint is a complaint that-- 26
(a) relates to the failure of a local government to conduct a 27
business activity in accordance with the competitive 28
neutrality principle; and 29
(b) is made by an affected person. 30
(3) An affected person is-- 31
Page 47
Local Government Bill 2008
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 49]
(a) a person who-- 1
(i) competes with the local government in relation to 2
the business activity; and 3
(ii) claims to be adversely affected by a competitive 4
advantage that the person alleges is enjoyed by the 5
local government; or 6
(b) a person who-- 7
(i) wants to compete with the local government in 8
relation to the business activity; and 9
(ii) claims to be hindered from doing so by a 10
competitive advantage that the person alleges is 11
enjoyed by the local government. 12
(4) A regulation may provide for the process for resolving 13
competitive neutrality complaints. 14
Division 3 Responsibilities and liabilities of 15
employees of corporate entities 16
49 Director's duty to disclose interest in a matter 17
(1) This section applies if a director on the board of directors of a 18
corporate entity has a direct or indirect interest in a matter that 19
is being considered, or about to be considered, by the board of 20
directors. 21
(2) The director must immediately disclose the nature of the 22
interest to a meeting of the board of directors. 23
Maximum penalty--200 penalty units. 24
(3) The disclosure must be recorded in the minutes of the meeting 25
of the board of directors. 26
(4) If the director's interest is a material personal interest, the 27
director must not-- 28
(a) vote on the matter; or 29
Page 48
Local Government Bill 2008
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 50]
(b) vote on a proposed resolution under subsection (5) in 1
relation to the matter (a related resolution), whether in 2
relation to the director or another director; or 3
(c) be present while the matter, or a related resolution, is 4
being considered by the board of directors; or 5
(d) otherwise take part in any decision of the board of 6
directors in relation to the matter or a related resolution. 7
Maximum penalty--100 penalty units. 8
(5) Subsection (4) does not apply to a matter if the board of 9
directors has, at any time, passed a resolution that-- 10
(a) states the director, the interest and the matter; and 11
(b) states that the directors voting for the resolution are 12
satisfied that the interest should not disqualify the 13
director from considering or voting on the matter. 14
(6) There is a quorum at the meeting only if there are at least 2 15
directors present who are entitled to vote on any motion that 16
may be moved in relation to the matter. 17
(7) If there is no quorum, the corporate entity's shareholder may 18
deal with the matter by signing a consent to a proposed 19
resolution. 20
50 Obligations of a corporate entity's employees 21
(1) This section applies to an employee of a corporate entity in 22
the exercise of the powers, or discharge of the responsibilities, 23
of an employee of the corporate entity. 24
(2) The employee must exercise the degree of care and diligence 25
that a reasonable person in a like position in another corporate 26
entity would exercise in the circumstances. 27
Maximum penalty--100 penalty units. 28
(3) When deciding the degree of care and diligence that a 29
reasonable person in a like position in another corporate entity 30
would exercise in the circumstances, regard must be had to-- 31
Page 49
Local Government Bill 2008
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 51]
(a) all relevant matters, including for example-- 1
(i) the corporate entity's obligations; and 2
(ii) any directions or approvals given to the corporate 3
entity by its shareholder; and 4
(b) any matter prescribed under a regulation. 5
(4) This section-- 6
(a) applies in addition to, and does not limit, any rule of law 7
relating to the duty or liability of a person because of the 8
person's office in the corporate entity; and 9
(b) does not prevent civil proceedings being started for a 10
breach of the duty or liability. 11
51 Corporate entity is not to pay premiums for certain 12
liabilities of employees 13
(1) This section is about a contract to insure an employee of a 14
corporate entity against any liability that arises out of a wilful 15
breach of duty in relation to the corporate entity (including a 16
contravention of section 50, for example). 17
(2) However, liability does not include liability for costs and 18
expenses incurred by the employee in defending the 19
proceedings, irrespective of-- 20
(a) whether the proceedings are civil or criminal; or 21
(b) the outcome of the proceedings. 22
(3) An employee of a corporate entity includes a person who was 23
an employee of a corporate entity. 24
(4) The corporate entity must not pay, or agree to pay, a premium 25
in relation to the contract. 26
(5) Pay a premium includes pay a premium indirectly through 1 27
or more interposed entities. 28
(6) A contract is void so far as it insures an employee of a 29
corporate entity against a liability in contravention of this 30
section. 31
Page 50
Local Government Bill 2008
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 52]
52 When a corporate entity is not to indemnify employees 1
(1) This section is about an employee of a corporate entity. 2
(2) An employee of a corporate entity includes a person who was 3
an employee of a corporate entity. 4
(3) The corporate entity must not exempt the employee from, or 5
indemnify the employee against, a liability incurred as an 6
employee. 7
(4) This includes, for example, civil liability-- 8
(a) to the corporate entity or its subsidiary; or 9
(b) that arises out of conduct involving a lack of good faith. 10
(5) However, with the prior approval of the corporate entity's 11
shareholder, the corporate entity may indemnify the employee 12
against-- 13
(a) any other civil liability; or 14
(b) a liability for costs and expenses incurred by the 15
employee-- 16
(i) in defending proceedings, whether civil or 17
criminal, in which judgement is given in favour of 18
the employee, or in which the employee is 19
acquitted; or 20
(ii) in connection with an application in relation to a 21
proceeding in which relief is granted to the 22
employee by a court. 23
(6) Indemnify includes indemnify indirectly through 1 or more 24
interposed entities. 25
(7) A contract is void so far as it exempts or indemnifies an 26
employee of a corporate entity in contravention of this 27
section. 28
53 Prohibition on loans to directors 29
(1) A corporate entity must not, either directly or indirectly, make 30
or guarantee a loan to-- 31
Page 51
Local Government Bill 2008
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 54]
(a) a director; or 1
(b) a director's spouse; or 2
(c) a relative of a director or a director's spouse; 3
unless the agreement for the loan or guarantee is entered into 4
on the same terms as similar agreements are entered into by 5
the corporate entity with members of the public. 6
(2) Guarantee a loan includes provide a security in connection 7
with the loan. 8
(3) A director of the corporate entity who knowingly agrees to the 9
loan or guarantee by the corporate entity in contravention of 10
this section (whether or not in relation to the director) 11
commits an offence. 12
Maximum penalty for subsection (3)--100 penalty units. 13
54 Duty to prevent insolvent trading 14
(1) This section applies if-- 15
(a) immediately before a corporate entity incurs a debt, 16
there are reasonable grounds to suspect-- 17
(i) that the corporate entity will not be able to pay all 18
its debts as and when they become payable; or 19
(ii) that, if the corporate entity incurs the debt, it will 20
not be able to pay all its debts as and when they 21
become payable; and 22
(b) the corporate entity is, or later becomes, unable to pay 23
all its debts as and when they become payable. 24
(2) The following persons commit an offence-- 25
(a) a person who is a director of the corporate entity's board 26
of directors when the debt is incurred; 27
(b) a person who takes part in the corporate entity's 28
management when the debt is incurred. 29
Page 52
Local Government Bill 2008
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 54]
Maximum penalty--100 penalty units or 1 year's 1
imprisonment. 2
(3) However, it is a defence for the person to prove-- 3
(a) that the debt was incurred without the person's express 4
or implied consent; or 5
(b) that, when the debt was incurred, the person did not 6
have reasonable cause to suspect-- 7
(i) that the corporate entity would not be able to pay 8
all its debts as and when they became payable; or 9
(ii) that, if the corporate entity incurred the debt, it 10
would not be able to pay all its debts as and when 11
they became payable; or 12
(c) that the person took all reasonable steps to prevent the 13
corporate entity from incurring the debt; or 14
(d) for a director--that the person did not take part in the 15
corporate entity's management at the time because of 16
illness or another good reason. 17
(4) If the person is found guilty of the offence, the Supreme Court 18
or District Court may declare that the person is personally 19
liable to pay a part of the corporate entity's debts that the court 20
considers appropriate in the circumstances. 21
(5) Subsection (4)-- 22
(a) applies in addition to, and does not limit, any rule of law 23
about the duty or liability of a person because of the 24
person's office in the corporate entity; and 25
(b) does not prevent proceedings being instituted for a 26
breach of the duty or liability. 27
(6) However, subsection (4) does not affect any rights of a person 28
to indemnity, subrogation or contribution. 29
Page 53
Local Government Bill 2008
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 55]
55 Order for examination of persons concerned with 1
corporate entities 2
(1) This section applies if a local government or the 3
Attorney-General believes, on reasonable grounds, that-- 4
(a) a person may be able to give information about a 5
corporate entity's management, administration or 6
affairs; or 7
(b) a person who has been concerned, or taken part, in a 8
corporate entity's management, administration or affairs 9
has been, or may have been, guilty of fraud or 10
malpractice in relation to the corporate entity. 11
(2) Malpractice includes negligence, default, breach of trust or 12
breach of duty. 13
(3) The local government or Attorney-General may apply to the 14
Supreme Court or District Court for an order for the person to 15
be examined by the court about the corporate entity's 16
management, administration or affairs. 17
(4) However, a local government may only make an application 18
in relation to its own corporate entity. 19
(5) If a local government makes an application, the local 20
government must advise the Attorney-General. 21
(6) If the Attorney-General makes an application, the 22
Attorney-General must advise the corporate entity's local 23
government. 24
(7) If the court is satisfied that it is reasonable and appropriate for 25
the person to be examined, the court may order the person to 26
attend before the court at a time and place fixed by the court 27
for examination. 28
(8) The person must-- 29
(a) attend as required by the order, unless the person has a 30
reasonable excuse; and 31
(b) continue to attend until excused by the court, unless the 32
person has a reasonable excuse. 33
Page 54
Local Government Bill 2008
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 56]
Maximum penalty--200 penalty units or 2 years 1
imprisonment. 2
(9) The examination must be held in public, unless the court 3
considers it is desirable to hold the examination in private 4
because of special circumstances. 5
(10) The court may give directions about-- 6
(a) the matters to be inquired into at the examination; and 7
(b) the procedures to be followed at the examination 8
(including the persons who may be at the examination if 9
the examination is to be held in private). 10
56 Examination of persons concerned with corporate 11
entities 12
(1) This section applies to a person who has been ordered, under 13
section 55, to attend an examination. 14
(2) The person must not fail to take an oath or make an 15
affirmation at the examination. 16
Maximum penalty--200 penalty units or 2 years 17
imprisonment. 18
(3) The person must answer any question that the person is 19
directed by the court to answer. 20
Maximum penalty--200 penalty units or 2 years 21
imprisonment. 22
(4) The person is not excused from answering a question because 23
the answer might tend to incriminate the person or make the 24
person liable to a penalty. 25
(5) However, if the answer might in fact tend to incriminate the 26
person or make the person liable to a penalty, the person's 27
answer is not admissible in evidence against the person in 28
proceedings for an offence or the imposition of a penalty, 29
other than proceedings for an offence-- 30
(a) against this section; or 31
Page 55
Local Government Bill 2008
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 56]
(b) in relation to the falsity of the person's answer. 1
(6) The person must not knowingly make a statement at the 2
examination that is false or misleading in a material 3
particular. 4
Maximum penalty--500 penalty units or 5 years 5
imprisonment. 6
(7) The court may-- 7
(a) require the questions put to the person, and the answers 8
given by the person, at the examination to be recorded in 9
writing; and 10
(b) require the person to sign the record. 11
(8) Subject to subsection (5), a written record of the examination 12
that is signed by the person, or a transcript of the examination 13
that is authenticated by the examiner's signature, may be used 14
in evidence in proceedings against the person. 15
(9) The person may be directed by the court (whether in the order 16
or by a subsequent direction) to produce a document in the 17
person's possession, or under the person's control, that is 18
relevant to the matters about which the person is to be, or is 19
being, examined. 20
(10) The person must not contravene the direction, unless the 21
person has a reasonable excuse. 22
Maximum penalty--200 penalty units or 2 years 23
imprisonment. 24
(11) If the court directs the person to produce a document and the 25
person has a lien on the document, the production of the 26
document does not prejudice the lien. 27
(12) The person may, at the person's own expense, employ a 28
lawyer, and the lawyer may put to the person questions that 29
the court considers are just to enable the person to explain or 30
qualify any answers given by the person. 31
(13) The court may adjourn the examination from time to time. 32
Page 56
Local Government Bill 2008
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 57]
(14) The court may order the whole or any part of the costs that are 1
incurred by the person to be paid by-- 2
(a) if the application was made by the 3
Attorney-General--the State; or 4
(b) if the application was made by a local government--the 5
local government. 6
57 Relief from liability for malpractice 7
(1) An employee of a corporate entity may apply to the Supreme 8
Court or District Court for relief against any claim made 9
against the employee for malpractice in relation to the 10
corporate entity. 11
(2) Malpractice includes negligence, default, breach of trust or 12
breach of duty, but does not include fraud. 13
(3) If the court considers-- 14
(a) that the employee has, or may have, been guilty of the 15
malpractice; but 16
(b) that the employee-- 17
(i) acted honestly; and 18
(ii) should be excused for the malpractice, having 19
regard to all the circumstances (including 20
circumstances connected with the employee's 21
appointment); 22
the court may relieve the employee (in whole or part) from 23
liability for the malpractice, on the terms that the court 24
considers appropriate. 25
(4) If the court makes this decision in proceedings that are being 26
tried with a jury, the court may-- 27
(a) withdraw the case (in whole or part) from the jury; and 28
(b) direct that judgement be entered for the employee on the 29
terms (as to costs or otherwise) that the court considers 30
appropriate. 31
Page 57
Local Government Bill 2008
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 58]
(5) The court may make an order under this section even if 1
proceedings have not yet been brought against the employee 2
for malpractice. 3
58 False or misleading information 4
(1) This section applies to an employee of a corporate entity in 5
the exercise of the powers, and the discharge of the 6
responsibilities, of an employee of the corporate entity. 7
(2) An employee of a corporate entity commits an offence if the 8
employee gives information (either orally or in a document) 9
about the corporate entity's affairs, that the employee knows is 10
false or misleading in a material particular, to any of the 11
following persons-- 12
(a) another employee of the corporate entity; 13
(b) the corporate entity's shareholder; 14
(c) the corporate entity's local government; 15
(d) a councillor of the corporate entity's local government. 16
Maximum penalty-- 17
(a) if the offence was committed with an intent to 18
defraud--500 penalty units or 5 years imprisonment; or 19
(b) otherwise--100 penalty units. 20
(3) However, the employee does not commit an offence in 21
relation to information in a document if, when the employee 22
gives the document to the other person-- 23
(a) the employee tells the other person that the document is 24
false or misleading, and in what respect the document is 25
false or misleading; and 26
(b) if the employee has, or can reasonably obtain, the 27
correct information--the employee gives the other 28
person the correct information. 29
Page 58
Local Government Bill 2008
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 59]
Part 3 Roads and other infrastructure 1
Division 1 Roads 2
59 What this division is about 3
(1) This division is about roads. 4
(2) A road is-- 5
(a) an area of land that is dedicated to public use as a road; 6
or 7
(b) an area of land that-- 8
(i) is developed for, or has as 1 of its main uses, the 9
driving or riding of motor vehicles; and 10
(ii) is open to, or used by, the public; or 11
(c) a footpath or bicycle path; or 12
(d) a bridge, culvert, ferry, ford, punt, tunnel or viaduct. 13
(3) However, a road does not include-- 14
(a) a State-controlled road; or 15
(b) a public thoroughfare easement. 16
60 Control of roads 17
(1) A local government has control of all roads in its local 18
government area. 19
(2) This control includes being able to-- 20
(a) survey and resurvey roads; and 21
(b) construct, maintain and improve roads; and 22
(c) approve the naming and numbering of private roads; and 23
(d) name and number other roads; and 24
Page 59
Local Government Bill 2008
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 61]
(e) make a local law to regulate the use of roads, 1
including-- 2
(i) the movement of traffic on roads, subject to the 3
Transport Operations (Road Use Management) 4
Act 1995; and 5
(ii) the parking of vehicles on roads, subject to the 6
Transport Operations (Road Use Management) 7
Act 1995 (including the maximum time that a 8
vehicle may be parked in a designated rest area that 9
adjoins a road, for example); and 10
(iii) by imposing obligations on the owner of land that 11
adjoins a road (including an obligation to fence the 12
land to prevent animals going on the road, for 13
example); and 14
(f) make a local law to regulate the construction, 15
maintenance and use of-- 16
(i) public utilities along, in, over or under roads; and 17
(ii) ancillary works and encroachments along, in, over 18
or under roads; and 19
(g) realign a road in order to widen the road; and 20
(h) acquire land for use as a road. 21
61 Notice of intention to acquire land to widen a road 22
(1) If a local government wants to acquire land in order to widen 23
a road, the local government must give the owner of the land a 24
notice of intention to acquire land. 25
(2) A notice of intention to acquire land informs the owner in 26
general terms of this section and section 62. 27
(3) However, a local government can not, without the consent of 28
the Planning and Environment Court, serve notice of intention 29
to acquire land on an owner of land after the owner has 30
applied to the court-- 31
(a) for approval to subdivide the land; or 32
Page 60
Local Government Bill 2008
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 62]
(b) for approval, consent or permission-- 1
(i) to erect or use a structure on the land; or 2
(ii) to use the land for any other purpose. 3
(4) The court may consent to the notice of intention to acquire 4
land being served only if the court is satisfied that the purpose 5
of the notice is to enable the local government to make, in 6
good faith, a reasonable widening of the road. 7
(5) After a local government gives an owner a notice of intention 8
to acquire land, the owner must not erect, place, re-erect, 9
replace or repair any structure, or part of a structure, on the 10
land without the local government's permission. 11
(6) The local government must lodge a copy of a notice of 12
intention to acquire land with the registrar of titles for 13
registration on the instrument of title to the land. 14
(7) The registrar of titles may register the notice of intention to 15
acquire land even if the instrument of title is not produced. 16
62 Compensation for a notice of intention to acquire land 17
(1) This section applies to a person who is served with a notice of 18
intention to acquire land, if the person would be entitled to 19
claim compensation for the acquisition of land. 20
(2) The person is entitled to compensation from the local 21
government for injurious affection to the person's interest in 22
the land because of the notice of intention to acquire land. 23
(3) However, the compensation is not payable until-- 24
(a) the land is sold for the first time after the notice of 25
intention to acquire land was served; or 26
(b) after being served with the notice of intention to acquire 27
land, the owner of the land offers the land for sale in 28
good faith, but can not sell the land for a fair and 29
reasonable price. 30
(4) The compensation must be assessed in accordance with the 31
following principles-- 32
Page 61
Local Government Bill 2008
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 63]
(a) the amount of compensation must represent the 1
difference between-- 2
(i) the market value of the interest in the land 3
immediately after service of the notice of intention 4
to acquire land; and 5
(ii) what would be the market value of the interest in 6
the land, at that time, if the notice had not been 7
served; 8
(b) any benefit that may accrue, because of the realignment 9
of the road, to land adjacent to the land that is affected 10
by the realignment of the road, and in which the 11
claimant has an interest, must be taken into account; 12
(c) the amount of compensation must not be increased 13
because the land that is affected by the realignment of 14
the road has, since the service of the notice of intention 15
to acquire land, become or ceased to be separate from 16
other land. 17
(5) A claim for compensation must be made-- 18
(a) within 3 years after the entitlement to compensation 19
arose; and 20
(b) to the chief executive officer in the approved form. 21
(6) The claim is taken to have been properly made when the 22
claimant has given the local government all the information 23
that the local government reasonably requires to decide the 24
claim. 25
(7) If, within 30 days after the claim is made, the local 26
government has not given the claimant written notice of its 27
decision on the claim, the local government is taken to have 28
refused compensation on the 31st day after the claim is made. 29
63 Appeal on a claim for compensation 30
(1) A person who is aggrieved by the decision of a local 31
government on a claim for compensation may appeal against 32
the decision to the Planning and Environment Court. 33
Page 62
Local Government Bill 2008
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 64]
(2) The appeal must be started within 30 days after-- 1
(a) notice of the decision is given to the claimant; or 2
(b) the decision is taken to have been made. 3
(3) In order to award compensation, the Planning and 4
Environment Court must be satisfied-- 5
(a) if the land has been sold-- 6
(i) the seller took reasonable steps to obtain a 7
reasonable price for the land; and 8
(ii) the seller sold the land in good faith; and 9
(iii) the sale price is less than the seller might 10
reasonably have expected to receive had there been 11
no notice of intention to acquire land; or 12
(b) if a local government refused the owner permission to 13
erect, place, re-erect, replace or repair any structure, or 14
part of a structure, on the land--the permission was 15
applied for in good faith. 16
64 Acquisition of land instead of compensation 17
(1) After a notice of intention to acquire land is served, but before 18
the land is sold, the local government may acquire the land 19
instead of paying compensation for injurious affection. 20
(2) If, after a notice of intention to acquire land is served, the land 21
is cleared of all structures-- 22
(a) the local government may acquire the land; and 23
(b) if required by the owner of the land, the local 24
government must acquire the land. 25
(3) The acquired land must be dedicated for public use as a road 26
within 3 months after its acquisition. 27
(4) Compensation for the acquisition of the land, if not agreed 28
between the parties, must be assessed as at the date of the 29
acquisition. 30
Page 63
Local Government Bill 2008
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 65]
65 What is to happen if a realignment is not carried out 1
(1) This section applies if a local government decides not to 2
proceed with the realignment of a road or part of a road. 3
(2) This section does not apply to a realignment of road that is 4
necessary to comply with the requirements of a local 5
government under a planning scheme in its application to 6
particular developments in the local government area. 7
(3) The local government must serve notice of its decision not to 8
proceed on all owners of land who were served with a notice 9
of intention to acquire land in connection with that road or 10
part of that road. 11
(4) With regard to any of the notices of intention to acquire land 12
that were lodged with the registrar of titles in connection with 13
that road or part of that road, the local government must-- 14
(a) for any notice of intention to acquire land that has not 15
been registered--withdraw the notice of intention to 16
acquire land; and 17
(b) for any notice of intention to acquire land that has been 18
registered--lodge with the registrar of titles for 19
registration a notice of its decision not to proceed with 20
the realignment of the road, or part of the road. 21
(5) The notice of the local government's decision must inform the 22
owners in general terms of this section and section 66. 23
66 Compensation if realignment not carried out 24
(1) This section applies if-- 25
(a) a local government decides not to proceed with the 26
realignment of a road or part of a road; and 27
(b) the local government has made structural improvements 28
on land that adjoins the road on the basis of the 29
proposed realignment being effected. 30
Page 64
Local Government Bill 2008
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 67]
(2) The local government must pay the owner of the land 1
reasonable compensation for the decrease in value of the land 2
because of the decision. 3
(3) The amount of compensation is the difference between the 4
value of the land before and after the decision. 5
(4) If the local government and the owner fail to agree on the 6
amount of compensation, the amount is to be decided by the 7
Land Court. 8
(5) The provisions of the Acquisition of Land Act 1967 about the 9
making, hearing and deciding of claims for compensation for 10
land taken under that Act apply, with any necessary changes 11
and any changes prescribed under a regulation, to claims for 12
compensation under this section. 13
(6) The local government's decision not to proceed with the 14
realignment of a road, or part of a road, does not give rise to 15
an entitlement to compensation, or a cause of action, in any 16
owner or occupier of land or other person other than under 17
this section. 18
67 Acquiring land for use as a footpath 19
(1) A local government may acquire land that adjoins a road for 20
use as a footpath. 21
(2) The acquisition of land may be subject to a reservation, in 22
favour of the owner of the land, of any of the following rights 23
that the local government decides (at or before the 24
acquisition) is appropriate-- 25
(a) a right to the ownership, possession, occupation and use 26
of any existing structure, room or cellar-- 27
(i) at a specified height above the level of the new 28
footpath; or 29
(ii) at a specified depth below the level of the new 30
footpath; 31
(b) a right-- 32
Page 65
Local Government Bill 2008
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 68]
(i) to erect a structure (in accordance with law) at a 1
specified height above the new footpath; and 2
(ii) to the ownership, possession, occupation and use 3
of the structure; 4
(c) a right of support for a structure mentioned in paragraph 5
(a) or (b). 6
(3) The right mentioned in subsection (2)(a) is subject to the local 7
government's right to enter, and make structural alterations to, 8
the structure, room or cellar that the local government 9
considers necessary. 10
68 Notice to local government of opening or closing of roads 11
(1) This section applies if an application is made under the Land 12
Act for the opening or closing of a road in a local government 13
area by someone other than the local government. 14
(2) The Land Act Minister, or the applicant for the application, 15
must give written notice of the application to the local 16
government. 17
(3) The Land Act Minister is the Minister administering the Land 18
Act. 19
(4) The notice must specify a date (no earlier than 1 month or 20
later than 2 months after the local government is given the 21
notice) on or before which the local government may object to 22
the opening or closing of the road. 23
(5) An objection must fully state the reasons for the objection. 24
(6) The Land Act Minister must have regard to any objections 25
properly made by the local government. 26
(7) If the Land Act Minister decides the road should be opened or 27
closed, the Land Act Minister must give written notice to the 28
local government-- 29
(a) of the decision; and 30
(b) if the decision is contrary to the local government's 31
objection, the reasons for the decision. 32
Page 66
Local Government Bill 2008
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 69]
69 Closing roads 1
(1) A local government may close a road (permanently or 2
temporarily) to traffic or particular traffic, if there is another 3
road, or route, reasonably available for use by the traffic. 4
(2) For example, the local government may close a road to 5
traffic-- 6
(a) during a temporary obstruction to traffic; or 7
(b) if it is in the interests of public safety; or 8
(c) if it is necessary or desirable to close the road for a 9
temporary purpose (including a fair, for example). 10
(3) The local government must publish notice of the closing of 11
the road, in the way that the local government considers 12
appropriate (including on its website, for example). 13
(4) The local government may do everything necessary to stop 14
traffic using the road after it is closed. 15
(5) If a road is closed to traffic for a temporary purpose, the local 16
government may permit the use of any part of the road 17
(including the erection of any structure, for example) on the 18
conditions the local government considers appropriate. 19
70 Temporary roads 20
(1) This section applies if-- 21
(a) a local government wants to remake or repair a road; 22
and 23
(b) it is not reasonably practicable to temporarily close the 24
road to traffic while the road works are conducted. 25
(2) The local government may make a temporary road, through 26
land that adjoins the road, to be used while the road is being 27
remade or repaired. 28
(3) However, a local government employee or contractor may 29
enter the land only if-- 30
Page 67
Local Government Bill 2008
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 70]
(a) the owner or occupier of the land has agreed, in writing 1
that the local government employee or contractor may 2
enter the land; or 3
(b) the local government has given the owner or occupier of 4
the land at least 3 days written notice that states-- 5
(i) the nature of the road works that are to be 6
conducted; and 7
(ii) the proposed route of the temporary road; and 8
(iii) an approximate period when the temporary road is 9
expected to remain on the land. 10
(4) Subsection (3) does not apply if the road works must be 11
urgently conducted, but the local government must give the 12
owner or occupier of the land oral notice of the matters 13
mentioned in subsection (3)(b). 14
(5) The owner of the land may give the chief executive officer a 15
written notice that claims compensation for physical damage 16
caused by the local government entering, occupying or using 17
the land under this section. 18
(6) Compensation is not payable unless the chief executive officer 19
receives the claim-- 20
(a) within 1 year after the occupation or use has ended; or 21
(b) at a later time allowed by the chief executive officer. 22
(7) The compensation equals-- 23
(a) the amount agreed between the person and local 24
government; or 25
(b) if the person and local government can not agree, the 26
amount that is decided by a court. 27
(8) However, the compensation must not be more than the 28
compensation that would have been awarded if the land had 29
been acquired. 30
Page 68
Local Government Bill 2008
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 71]
71 Road levels 1
(1) The owner or occupier of land that adjoins a road may give 2
written notice to the local government requiring it to advise 3
the owner or occupier of the permanent level that is fixed or to 4
be fixed for the road. 5
(2) If the local government has not, within 6 months after 6
receiving the notice, given the owner or occupier written 7
advice about the permanent level of the road, the local 8
government is taken to have fixed the apparent level of the 9
road when the notice was given as the permanent level of the 10
road. 11
(3) If-- 12
(a) after a local government has fixed the permanent level 13
of a road, the local government changes the level of the 14
road; and 15
(b) the owner or occupier of land that adjoins the road is 16
injuriously affected by the change; 17
the local government must pay the owner or occupier, or their 18
successor in title, compensation. 19
(4) The compensation equals-- 20
(a) the amount that is agreed between the owner or 21
occupier, or their successor in title, and the local 22
government; or 23
(b) if the owner or occupier, or their successor in title, and 24
the local government can not agree--the amount that is 25
decided by the Planning and Environment Court. 26
72 Assessment of impacts on roads from certain activities 27
(1) This section applies if-- 28
(a) a regulation prescribes an activity for this section; and 29
(b) a local government considers that the conduct of the 30
activity is having, or will have, a significant adverse 31
impact on a road in the local government area; and 32
Page 69
Local Government Bill 2008
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 73]
(c) the activity is not for-- 1
(i) a significant project under the State Development 2
and Public Works Organisation Act 1971; or 3
(ii) a development declared under the local 4
government's planning scheme to be assessable 5
development; or 6
(iii) a road being built under the Land Act, section 110. 7
(2) The local government may require the entity that is 8
conducting the activity to provide information, within a 9
reasonable time, that will enable the local government to 10
assess the impact of the activity on the road. 11
(3) After assessing the impact of the activity on the road, the local 12
government may decide to do 1 or more of the following-- 13
(a) give the entity a direction about the use of the road to 14
lessen the impact; 15
(b) require the entity-- 16
(i) to carry out works to lessen the impact; or 17
(ii) to pay an amount as compensation for the impact. 18
(4) The local government may require the works to be carried out 19
or the amount to be paid before the impact commences or 20
intensifies. 21
(5) The amount of compensation is a debt payable to the local 22
government and may be recovered in a court. 23
(6) A regulation for this section-- 24
(a) must contain a process under which the local 25
government's decision may be reviewed; and 26
(b) may contain a process for enforcing the decision. 27
73 Categorisation of roads 28
A local government must categorise the roads in its local 29
government area according to the surface of the road. 30
Page 70
Local Government Bill 2008
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 74]
74 Roads map and register 1
(1) A local government must prepare and keep up-to-date-- 2
(a) a map of every road, including private roads, in its local 3
government area; and 4
(b) a register of the roads that shows-- 5
(i) the category of every road; and 6
(ii) the level of every road of which the level is fixed; 7
and 8
(iii) other particulars prescribed under a regulation. 9
(2) The register of roads may also show other particulars that the 10
local government considers appropriate. 11
(3) The public may inspect the map and register at the local 12
government's public office. 13
(4) On application and payment of a reasonable fee fixed under a 14
resolution or local law, a person may obtain-- 15
(a) a copy of a map or register of roads; or 16
(b) a certificate signed by an employee of the local 17
government who is authorised for the purpose-- 18
(i) about the category, alignment and levels of roads in 19
its area; or 20
(ii) about the fact that the alignment or level of a road 21
in its area has not been fixed. 22
75 Unauthorised works on roads 23
(1) This section applies to a road in a local government area. 24
(2) A person must not, without lawful excuse (including under 25
another Act, for example), or the written approval of the local 26
government-- 27
(a) carry out works on a road; or 28
(b) interfere with a road or its operation. 29
Page 71
Local Government Bill 2008
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 76]
Maximum penalty--200 penalty units. 1
(3) Works do not include the maintenance of ancillary works and 2
encroachments, or landscaping, that does not interfere with 3
the road or its operation. 4
(4) An approval may be subject to the conditions decided by the 5
local government. 6
(5) A person must not contravene a condition that applies to a 7
person under subsection (4). 8
Maximum penalty--40 penalty units. 9
(6) If a person carries out works in contravention of this section, 10
the local government may-- 11
(a) dismantle or alter the works; or 12
(b) fix any damage caused by the works. 13
(7) If the local government dismantles or alters the works, or fixes 14
any damage caused by the works, the person must pay the 15
local government the reasonable costs incurred by the local 16
government in doing so. 17
Division 2 Stormwater drains 18
76 What this division is about 19
(1) This division is about stormwater drains and stormwater 20
installations. 21
(2) A stormwater drain is a drain, channel, pipe, chamber, 22
structure, outfall or other works used to receive, store, 23
transport or treat stormwater. 24
(3) A stormwater installation for a property-- 25
(a) is any roof gutters, downpipes, subsoil drains or 26
stormwater drain for the property; but 27
(b) does not include any part of a local government's 28
stormwater drain. 29
Page 72
Local Government Bill 2008
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 77]
77 Connecting stormwater installation to stormwater drain 1
(1) A local government may, by written notice, require the owner 2
of a property to connect a stormwater installation for the 3
property to the local government's stormwater drain in the 4
way, under the conditions and within the time stated in the 5
notice. 6
(2) The way, condition and time stated in the notice must be 7
reasonable in the circumstances. 8
(3) A person must not connect a stormwater installation for a 9
property to a local government's stormwater drain unless-- 10
(a) the local government has required the owner of the 11
property to do so by a written notice under subsection 12
(1); or 13
(b) the local government has given its approval for the 14
connection. 15
Maximum penalty--165 penalty units. 16
(4) The local government may impose conditions on its approval 17
for the connection, including conditions about the way the 18
connection must be made. 19
(5) If a person connects a stormwater installation under a 20
requirement or approval of the local government, the person 21
must comply with the requirement or approval, unless the 22
owner has a reasonable excuse. 23
Maximum penalty for subsection (5)--165 penalty units. 24
78 No connecting sewerage to stormwater drain 25
(1) The owner of a property must not connect the sewerage 26
installation for property, or allow the sewerage installation for 27
the property to be connected, to any part of-- 28
(a) the stormwater installation for the property; or 29
(b) the stormwater drain of the local government. 30
Maximum penalty--165 penalty units. 31
Page 73
Local Government Bill 2008
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 78]
(2) A sewerage installation is any of the following-- 1
(a) an on-site sewerage facility within the meaning given in 2
the Plumbing and Drainage Act; 3
(b) a sewer for a property or building unit; 4
(c) sanitary plumbing i.e. any apparatus, fittings, fixtures or 5
pipes that carry sewage to a sanitary drain; 6
(d) sanitary drainage i.e. any apparatus, fittings or pipes for 7
collecting and carrying discharges-- 8
(i) from fixtures (that are directly connected to a 9
sanitary drain) to an on-site sewerage facility or a 10
sewerage treatment system; or 11
(ii) from sanitary plumbing to an on-site sewerage 12
facility or a sewerage treatment system. 13
Examples of apparatus, fittings or pipes for sanitary drainage-- 14
· disconnector gullies 15
· bends at the foot of stacks or below ground level 16
· pipes above ground level that are installed using drainage 17
principles 18
· for an on-site sewerage facility--a pipe (other than a soil or 19
waste pipe) used to carry sewage to or from the facility 20
(3) The owner of a property who becomes aware that the 21
sewerage installation for the property is connected to any part 22
of-- 23
(a) the stormwater installation for the property; or 24
(b) the stormwater drain of the local government; 25
must, as soon as reasonably practicable, take all necessary 26
steps to disconnect the facility, drainage or sewer from the 27
stormwater installation or drainage. 28
Maximum penalty--165 penalty units. 29
(4) If the sewerage installation for property is connected to any 30
part of-- 31
(a) the stormwater installation on the property; or 32
Page 74
Local Government Bill 2008
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 79]
(b) the stormwater drain of the local government; 1
the local government may, by written notice, require the 2
owner of the property to perform the work stated in the notice, 3
within the time stated in the notice. 4
(5) The time stated in the notice must-- 5
(a) be a time that is reasonable in the circumstances; and 6
(b) be at least 1 month after the notice is given to the owner. 7
(6) However, the time stated in the notice may be less than 1 8
month but must not be less than 48 hours if the work stated in 9
the notice-- 10
(a) is required to stop a serious health risk continuing; or 11
(b) relates to a connection that is causing damage to the 12
local government's stormwater drain. 13
(7) The work stated in the notice must be work that is reasonably 14
necessary for fixing or otherwise dealing with the sewerage 15
installation, including for example-- 16
(a) work to remedy a contravention of this Act; or 17
(b) work to disconnect something that was connected to a 18
stormwater drain without the local government's 19
approval. 20
(8) The owner must comply with the notice, unless the owner has 21
a reasonable excuse. 22
Maximum penalty for subsection (8)--165 penalty units. 23
79 No trade waste or prohibited substances in stormwater 24
drain 25
(1) A person must not put trade waste into a stormwater drain. 26
Maximum penalty--1000 penalty units. 27
(2) Trade waste is waterborne waste from business, trade or 28
manufacturing property, other than-- 29
(a) stormwater; and 30
Page 75
Local Government Bill 2008
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 79]
(b) a prohibited substance. 1
(3) A person must not put a prohibited substance into a 2
stormwater drain. 3
Maximum penalty--1000 penalty units. 4
(4) A prohibited substance is-- 5
(a) a solid or viscous substance in a quantity, or of a size, 6
that can obstruct, or interfere with the operation of, a 7
stormwater drain; or 8
Examples for paragraph (a)-- 9
· ash, cinders, sand, mud, straw and shavings 10
· metal, glass and plastics 11
· paper and plastic dishes, cups and milk containers 12
· rags, feathers, tar and wood 13
· whole blood, paunch manure, hair and entrails 14
· oil and grease 15
· cement laden waste water, including, wash down from 16
exposed aggregate concrete surfaces 17
(b) a flammable or explosive solid, liquid or gaseous 18
substance; or 19
(c) sewage, including human waste; or 20
(d) a substance that, given its quantity, is capable alone, or 21
by interaction with another substance put into a 22
stormwater drain, of-- 23
(i) inhibiting or interfering with the stormwater drain; 24
or 25
(ii) causing damage or a hazard to the stormwater 26
drain; or 27
(iii) causing a hazard for humans or animals; or 28
(iv) creating a public nuisance; or 29
(v) creating a hazard in waters; or 30
Page 76
Local Government Bill 2008
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 80]
(vi) contaminating the environment in places where 1
stormwater is discharged or reused; or 2
Example for paragraph (d)-- 3
a substance with a pH lower than 6.0 or greater than 10.0, or 4
having another corrosive property 5
(e) a substance that has a temperature of more than-- 6
(i) if the local government has approved a maximum 7
temperature for the substance--the approved 8
maximum temperature; or 9
(ii) otherwise--38ºC. 10
(5) If-- 11
(a) a person puts a prohibited substance in a local 12
government's stormwater drain; and 13
(b) the prohibited substance causes damage to the 14
stormwater drain; 15
the local government may perform work to fix the damage, 16
and may recover the reasonable costs for the work from the 17
person who put the prohibited substance in the stormwater 18
drain. 19
(6) The costs for the work are in addition to any penalty imposed 20
for the offence. 21
80 Interference with path of stormwater 22
(1) A person must not restrict or redirect the flow of stormwater 23
over land in a way that may cause the water to collect and 24
become stagnant. 25
Maximum penalty--165 penalty units. 26
(2) However, this section does not apply to water collected in a 27
dam, wetland, tank or pond, if no offensive material is 28
allowed to accumulate. 29
Page 77
Local Government Bill 2008
Chapter 3 The business of local governments
Part 4 The business of indigenous regional councils
[s 81]
Part 4 The business of indigenous 1
regional councils 2
Division 1 Introduction 3
81 What this part is about 4
(1) This part contains provisions that relate only to a local 5
government that is an indigenous regional council. 6
(2) An indigenous regional council is-- 7
(a) the Northern Peninsula Area Regional Council; or 8
(b) the Torres Strait Island Regional Council; or 9
(c) an indigenous regional council prescribed under a 10
regulation. 11
Division 2 Managing trust land 12
82 What this division is about 13
(1) This division contains provisions that apply to a trustee 14
council. 15
(2) A trustee council is an indigenous regional council that is a 16
trustee of trust land. 17
(3) Trust land is the land described in a deed of grant in trust that 18
is issued under the Land Act. 19
(4) The provisions of this division-- 20
(a) do not affect the status that any land has under the 21
Aboriginal Land Act 1991 or the Torres Strait Islander 22
Land Act 1991; and 23
(b) are additional to the provisions that apply to the land 24
under the Land Act and any other law. 25
Page 78
Local Government Bill 2008
Chapter 3 The business of local governments
Part 4 The business of indigenous regional councils
[s 83]
83 Trustee business must be conducted separately 1
(1) A trustee council must conduct its trustee business separately 2
from its other local government business. 3
(2) Trustee business is any business that relates to trust land. 4
(3) So, the trustee council must-- 5
(a) maintain separate accounts and records for trustee 6
business; and 7
(b) in its capacity as trustee council, formally advise itself, 8
in its capacity as indigenous regional council, of matters 9
relating to trustee business; and 10
(c) hold separate meetings for trustee business from 11
meetings for other local government business. 12
84 Meetings about trust land generally open to the public 13
(1) All meetings relating to trust land must be open to the public, 14
unless the trustee council decides, by resolution, that the 15
meeting be closed to the public. 16
(2) The trustee council may do so only to allow the trustee 17
council to discuss business for which public discussion would 18
be likely to-- 19
(a) prejudice the interests of the trustee council or someone 20
else; or 21
(b) enable a person to gain a financial advantage. 22
(3) For example, a meeting may be closed to the public to allow 23
the trustee council to discuss-- 24
(a) the appointment, discipline or dismissal of local 25
government employees; or 26
(b) industrial matters affecting local government 27
employees; or 28
(c) starting or defending legal proceedings; or 29
(d) that part of the budget that relates to the trust land; or 30
Page 79
Local Government Bill 2008
Chapter 3 The business of local governments
Part 4 The business of indigenous regional councils
[s 85]
(e) contracts proposed to be made by the trustee council. 1
(4) A resolution to close a meeting to the public must specify the 2
general nature of the matters to be discussed while the 3
meeting is closed to the public. 4
(5) The trustee council must not make a resolution (other than a 5
procedural resolution) in a meeting that is closed to the public. 6
85 Community forum input on trust change proposals 7
(1) This section applies if a trustee council wants to consider a 8
trust change proposal. 9
(2) A trust change proposal is a proposal to make a decision-- 10
(a) to put an improvement (including a structure, for 11
example) on trust land; or 12
(b) to create an interest in trust land (including a lease or 13
mortgage, for example); or 14
(c) that the trustee council has decided, by resolution, must 15
be dealt with as a trust change proposal. 16
(3) The trustee council must give the community forum for the 17
division of the local government area where the trust land is 18
located an opportunity to give input about the trust change 19
proposal. 20
Note-- 21
See division 3 for more information about community forums. 22
(4) The trustee council must give the community forum a written 23
notice that gives the community forum-- 24
(a) reasonably sufficient information about the trust change 25
proposal; and 26
(b) reasonably sufficient time; 27
to allow the community forum to give input about the trust 28
change proposal. 29
Page 80
Local Government Bill 2008
Chapter 3 The business of local governments
Part 4 The business of indigenous regional councils
[s 86]
(5) The trustee council must have regard to any input that is 1
received from the community forum within the time specified 2
in the written notice. 3
(6) If the trustee council proposes to make a decision that is 4
contrary to the community forum's input, the trustee council 5
must give written notice of the reasons for the proposed 6
decision to the community forum. 7
(7) If the community forum advises the trustee council that it does 8
not support the trustee council's proposed decision, the trustee 9
council must take reasonable steps to let the community know. 10
(8) If the trustee council proposes to make a decision that is 11
contrary to the community forum's input, the decision has 12
effect only if-- 13
(a) the decision is approved by a majority of the councillors 14
(other than the mayor), regardless of how many 15
councillors take part in any meeting about the decision; 16
and 17
(b) the councillor for the division of the local government 18
area in which the trust land is situated does not vote 19
against approving the decision. 20
86 Grouping of trust land not available 21
The chief executive under the Land Act must not approve the 22
grouping of trust land under the Land Act, section 62, if any 23
of the trust land is the subject of a deed of grant in trust. 24
Division 3 Community forums 25
87 Community forums 26
(1) The Minister must establish a community forum for-- 27
(a) each indigenous regional council; or 28
Page 81
Local Government Bill 2008
Chapter 3 The business of local governments
Part 4 The business of indigenous regional councils
[s 87]
(b) if an indigenous regional council is divided into 1
divisions, for each of those divisions. 2
(2) A community forum is a body that is created under this Act to 3
be responsible for meeting with the local community to 4
discuss issues relating to-- 5
(a) trust land; and 6
(b) planning; and 7
(c) the delivery of services; and 8
(d) culture. 9
(3) The local community is the community living in the local 10
government area or division for which the community forum 11
is established. 12
(4) A community forum is made up of-- 13
(a) a chairperson, who is the councillor for the division; and 14
(b) at least 3, but not more than 7, elected members. 15
(5) The Minister must consult with the indigenous regional 16
council before deciding-- 17
(a) how many elected members the community forum is to 18
have; or 19
(b) what to call a community forum. 20
(6) The Minister must publish the name of the community forum, 21
and the names of its members, in-- 22
(a) a newspaper that is circulating generally in the local 23
government area; and 24
(b) the gazette. 25
(7) An indigenous regional council must decide all matters 26
necessary for the operation of its community forums. 27
(8) An indigenous regional council must not create any other 28
body to carry out the responsibilities of a community forum. 29
Page 82
Local Government Bill 2008
Chapter 3 The business of local governments
Part 4 The business of indigenous regional councils
[s 88]
88 Members of a community forum 1
(1) This section is about the members of a community forum. 2
(2) An election for the elected members must be held at the same 3
time as, or is as close as practicable to, the quadrennial 4
elections for the indigenous regional council. 5
(3) A person is not qualified to be elected as a member if the 6
person is-- 7
(a) if the members are being elected at the same time as the 8
mayor of the indigenous regional council--a candidate 9
for election as the mayor; or 10
(b) the mayor of the indigenous regional council. 11
(4) A person stops being a member of a community forum if the 12
person-- 13
(a) for a member who is the chairperson--stops being a 14
councillor; or 15
(b) for any other member-- 16
(i) resigns by signed notice of resignation given to the 17
Minister; or 18
(ii) completes a term of office but is not reappointed. 19
(5) A regulation must set out-- 20
(a) the process for the election of the members; and 21
(b) the qualifications that a person must have to be a 22
member; and 23
(c) the process for filling a vacancy in the office of a 24
member. 25
89 Payments to elected members of a community forum 26
(1) An elected member of a community forum is not entitled to be 27
paid any remuneration. 28
(2) However, an indigenous regional council may authorise-- 29
Page 83
Local Government Bill 2008
Chapter 3 The business of local governments
Part 4 The business of indigenous regional councils
[s 90]
(a) the payment of the expenses incurred, or to be incurred, 1
by the elected members of a community forum; or 2
(b) the provision of facilities to the elected members of a 3
community forum. 4
90 Convenors for a community forum 5
(1) Each community forum must have a convenor. 6
(2) A convenor is a person who is responsible for-- 7
(a) giving the local community notice of the time and date 8
of the community forum's meetings; and 9
(b) ensuring, to the greatest extent practicable, that the 10
community forum operates in an effective and efficient 11
way; and 12
(c) providing advice to the indigenous regional council; and 13
(d) providing necessary administrative support to the 14
community forum; and 15
(e) liaising between the community forum and the 16
indigenous regional council; and 17
(f) any other responsibilities that the indigenous regional 18
council decides, by resolution, to give to the convenor. 19
(3) An indigenous regional council must appoint a qualified 20
person to be the convenor for a community forum. 21
(4) A person is qualified to be the convenor if the person-- 22
(a) has experience in the administration of land; but 23
(b) is not-- 24
(i) a councillor of the indigenous regional council; or 25
(ii) a member of the community forum. 26
(5) A person may be appointed to be the convenor for 2 or more 27
community forums if the indigenous regional council is 28
satisfied that the person can effectively exercise the 29
responsibilities for the 2 or more community forums. 30
Page 84
Local Government Bill 2008
Chapter 4 Financial matters
Part 1 Rates
[s 91]
(6) A convenor may be appointed on a full-time or part-time 1
basis. 2
(7) A convenor holds the position on the conditions that the 3
indigenous regional council decides. 4
(8) A convenor may not vote at meetings of the community 5
forum. 6
(9) A convenor may perform responsibilities for the indigenous 7
regional council in addition to the convenor's responsibilities 8
as a convenor. 9
(10) A person stops being a convenor if the person-- 10
(a) resigns by signed notice of resignation given to the 11
Minister; or 12
(b) completes a term of office but is not reappointed. 13
Chapter 4 Financial matters 14
Part 1 Rates 15
91 What this part is about 16
(1) This part is about rates. 17
(2) Rates are a charge that a local government imposes on land 18
for a service, facility or activity that is supplied or undertaken 19
by-- 20
(a) the local government; or 21
(b) someone on behalf of the local government (including a 22
garbage collection contractor, for example). 23
Page 85
Local Government Bill 2008
Chapter 4 Financial matters
Part 1 Rates
[s 92]
92 Types of rates 1
(1) There are 4 types of rates-- 2
(a) general rates; and 3
(b) special rates; and 4
(c) utility rates; and 5
(d) separate rates. 6
(2) General rates are for services, facilities and activities that are 7
supplied or undertaken for the benefit of the community in 8
general. 9
Example-- 10
General rates contribute to the cost of public transport and library 11
services that benefit the community in general. 12
(3) Special rates are for services, facilities and activities that have 13
a special association with the land because-- 14
(a) the land or its occupier-- 15
(i) specially benefits from the service, facility or 16
activity; or 17
(ii) has or will have special access to the service, 18
facility or activity; or 19
(b) the land has or will be used in a way that specially 20
contributes to the need for the service, facility or 21
activity; or 22
(c) the occupier of the land specially contributes to the need 23
for the service, facility or activity. 24
Examples-- 25
Special rates could be levied-- 26
· for the cost of replacing the drainage system in only part of the 27
local government area; or 28
· on land that is used only by businesses that would benefit from 29
the promotion of tourism in the local government area. 30
(4) Utility rates are for a service, facility or activity for any of the 31
following utilities-- 32
Page 86
Local Government Bill 2008
Chapter 4 Financial matters
Part 1 Rates
[s 93]
(a) garbage collection; 1
(b) gas; 2
(c) sewerage; 3
(d) water. 4
(5) Separate rates are for any other service, facility or activity. 5
93 Land on which rates are levied 6
(1) Rates may be levied on-- 7
(a) for utility rates and separate rates--any land; and 8
(b) for general rates and special rates--rateable land. 9
(2) Rateable land is any land or building unit, in the local 10
government area, that is not exempted from rates. 11
(3) The following land is exempted from rates-- 12
(a) unallocated State land within the meaning of the Land 13
Act; 14
(b) land that is occupied by the State or a government entity, 15
except land that is occupied by a GOC or its subsidiary 16
(within the meaning of the Government Owned 17
Corporations Act 1993) that is not exempt from rating; 18
(c) land in a state forest or timber reserve, other than land 19
occupied under-- 20
(i) an occupation permit or stock grazing permit under 21
the Forestry Act; or 22
(ii) a lease under the Land Act; 23
(d) Aboriginal land under the Aboriginal Land Act 1991, or 24
Torres Strait Islander land under the Torres Strait 25
Islander Land Act 1991, other than a part of the land that 26
is used for commercial or residential purposes; 27
(e) the following land under the Transport Infrastructure 28
Act-- 29
Page 87
Local Government Bill 2008
Chapter 4 Financial matters
Part 1 Rates
[s 94]
(i) strategic port land that is occupied by a port 1
authority, the State, or a government entity; 2
(ii) strategic port land that is occupied by a wholly 3
owned subsidiary of a port authority, and is used in 4
connection with the Cairns International Airport or 5
Mackay Airport; 6
(iii) existing or new rail corridor land; 7
(iv) commercial corridor land that is not subject to a 8
lease; 9
(f) airport land, within the meaning of the Airport Assets 10
(Restructuring and Disposal) Act 2008, that is used for a 11
runway, taxiway, apron, road, vacant land, buffer zone 12
or grass verge; 13
(g) land that is exempted from rating under-- 14
(i) another Act; or 15
(ii) a regulation, for religious, charitable, educational 16
or other public purposes. 17
(4) The land mentioned in subsection (3)(f) stops being exempted 18
land when either of the following events first happens-- 19
(a) a development permit under the Planning Act comes 20
into force for the land for a use that is not mentioned in 21
subsection (3)(f); 22
(b) development within the meaning of the Planning Act 23
(other than reconfiguring a lot) starts for a use that is not 24
mentioned in subsection (3)(f). 25
94 Power to levy rates 26
(1) Each local government-- 27
(a) must levy general rates; and 28
(b) may levy-- 29
(i) special rates; and 30
Page 88
Local Government Bill 2008
Chapter 4 Financial matters
Part 1 Rates
[s 95]
(ii) utility rates; and 1
(iii) separate rates. 2
(2) A local government must decide, by resolution at the local 3
government's budget meeting for a financial year, what rates 4
are to be levied for that financial year. 5
95 Overdue rates are a charge over land 6
(1) This section applies if the owner of land owes a local 7
government for overdue rates. 8
(2) The overdue rates are a charge on the land. 9
(3) The local government may register the charge over the land 10
by lodging the following documents with the registrar of 11
titles-- 12
(a) a request to register the charge over the land, in the 13
appropriate form; 14
(b) a certificate signed by the chief executive officer that 15
states there is a charge over the land for overdue rates. 16
(4) After the charge is registered over the land, the charge has 17
priority over any other encumbrances over the land, other than 18
encumbrances in favour of-- 19
(a) the State; or 20
(b) a government entity. 21
(5) If the overdue rates are paid, the local government must lodge 22
the following documents with the registrar of titles-- 23
(a) a request to release the charge over the land, in the 24
appropriate form; 25
(b) a certificate signed by the chief executive officer that 26
states the overdue rates have been paid. 27
(6) This section does not limit any other remedy that the local 28
government has to recover the overdue rates (including selling 29
the land, for example). 30
Page 89
Local Government Bill 2008
Chapter 4 Financial matters
Part 2 Fees
[s 96]
96 Regulations for rates 1
A regulation may provide for any matter connected with rates, 2
including for example-- 3
(a) concessions; and 4
(b) the categorisation of land for rates; and 5
(c) the process for recovering overdue rates, including by 6
the sale of the land to which the rates relate. 7
Part 2 Fees 8
97 Fees for services 9
(1) A local government may, under a local law or a resolution, fix 10
a service fee. 11
(2) A service fee is a fee for-- 12
(a) an application for the issue or renewal of a licence, 13
permit, registration or other approval under a Local 14
Government Act (an application fee); or 15
(b) recording a change of ownership of land; or 16
(c) giving information kept under a Local Government Act; 17
or 18
(d) seizing property or animals under a Local Government 19
Act; or 20
(e) the performance of another responsibility imposed on 21
the local government under the Building Act or the 22
Plumbing and Drainage Act. 23
(3) A local law or resolution for subsection (2)(e) must state-- 24
(a) the person liable to pay the service fee; and 25
(b) the time within which the fee must be paid. 26
Page 90
Local Government Bill 2008
Chapter 4 Financial matters
Part 2 Fees
[s 98]
(4) A service fee, other than an application fee, must not be more 1
than the cost to the local government of taking the action for 2
which the fee is charged. 3
(5) However, an application fee may also include a tax-- 4
(a) in the circumstances and for a purpose prescribed under 5
a regulation; and 6
(b) if the local government decides, by resolution, that the 7
purpose of the tax benefits its local government area. 8
(6) The local law or resolution that fixes an application fee that 9
includes a tax must state the amount, and the purpose, of the 10
tax. 11
(7) If an application fee that includes a tax is payable in relation 12
to land, the tax applies only in relation to land that is rateable 13
land. 14
(8) A local government may fix a service fee by resolution even if 15
a corresponding fee had previously been fixed by a local law. 16
98 Register of service fees 17
(1) A local government must keep a register of its service fees. 18
(2) The register must state the paragraph of section 97(2) under 19
which the service fee is fixed. 20
(3) Also, the register must state-- 21
(a) for a service fee under section 97(2)(a)--the provision 22
of the Local Government Act under which the licence, 23
permit, registration or other approval is issued or 24
renewed; or 25
(b) for a service fee under section 97(2)(c)--the provision 26
of the Local Government Act under which the 27
information is kept; or 28
(c) for a service fee under section 97(2)(d)--the provision 29
of the Local Government Act under which the property 30
or animals are seized; or 31
Page 91
Local Government Bill 2008
Chapter 4 Financial matters
Part 2 Fees
[s 99]
(d) for a service fee under section 97(2)(e)--the provision 1
of the Building Act or the Plumbing and Drainage Act 2
under which the responsibility is imposed. 3
(4) The public may inspect the register at the local government's 4
public office. 5
99 Fees on occupiers of land below the high-water mark 6
(1) This section applies to the occupier (other than the State or a 7
government entity) of a structure that is on land that-- 8
(a) is not rateable land, and therefore not subject to rates; 9
and 10
(b) is below the high-water mark. 11
(2) The high-water mark is the ordinary high-water mark at 12
spring tides. 13
(3) A local government may, by resolution, levy a fee on the 14
occupier of the structure for the use of the local government's 15
roads and other infrastructure. 16
100 Fees on residents of indigenous local government areas 17
(1) An indigenous local government may, by resolution, levy a 18
fee on residents of its local government area. 19
(2) The indigenous local government may exempt a resident from 20
paying the fee, if another amount is payable to the indigenous 21
local government in relation to the property. 22
Page 92
Local Government Bill 2008
Chapter 4 Financial matters
Part 3 Financial sustainability and accountability
[s 101]
Part 3 Financial sustainability and 1
accountability 2
101 Statutory Bodies Financial Arrangements Act applies to 3
local governments 4
(1) A local government is a statutory body for the Statutory 5
Bodies Financial Arrangements Act. 6
(2) Part 2B of that Act sets out the way in which that Act affects a 7
local government's powers. 8
102 Financial sustainability criteria 9
To ensure the financial stability of local governments, each 10
local government must implement the following financial 11
sustainability criteria-- 12
(a) financial risks are to be managed prudently; 13
(b) financial policies are to be formulated-- 14
(i) to ensure a reasonable degree of equity, stability 15
and predictability; and 16
(ii) so that current services, facilities and activities are 17
financed by the current users of the services, 18
facilities and activities; and 19
(iii) having regard to the effect of the policies on the 20
future users of services, facilities and activities; 21
(c) full, accurate and timely information about the local 22
government's finances and infrastructure (including a 23
report mentioned in section 104(7), for example) is to be 24
made available to the public on the local government's 25
website. 26
Page 93
Local Government Bill 2008
Chapter 4 Financial matters
Part 3 Financial sustainability and accountability
[s 103]
103 Financial management systems 1
(1) Each local government must establish a system of financial 2
management that complies with the requirements prescribed 3
under a regulation. 4
(2) The local government must regularly review the performance 5
of its system of financial management. 6
104 Financial management, planning and accountability 7
documents 8
(1) The following documents of a local government must comply 9
with the requirements prescribed under a regulation-- 10
(a) the financial management documents; 11
(b) the planning and accountability documents. 12
(2) The financial management documents include the following 13
documents-- 14
(a) an annual budget; 15
(b) a general purpose financial report; 16
(c) a financial forecast; 17
(d) an asset register that records-- 18
(i) capital expenditure; and 19
(ii) depreciation charges; and 20
(iii) revaluation increments and decrements; 21
(e) a revenue statement. 22
(3) The planning and accountability documents include the 23
following documents-- 24
(a) an annual report; 25
(b) a 5 year corporate plan; 26
(c) an annual operational plan; 27
(d) a long-term community plan; 28
Page 94
Local Government Bill 2008
Chapter 4 Financial matters
Part 3 Financial sustainability and accountability
[s 104]
(e) a long-term financial plan; 1
(f) a long-term asset management plan; 2
(g) a report on the results of an annual review of the 3
implementation of the long term plans mentioned in this 4
section. 5
(4) A long-term community plan is a document that-- 6
(a) outlines the local government's goals, strategies and 7
policies for implementing the local government's vision 8
for the future of the local government area, during the 9
period covered by the plan; and 10
(b) covers a period of at least 10 years after the 11
commencement of the plan. 12
(5) A long-term financial plan is a document that-- 13
(a) outlines the local government's goals, strategies and 14
policies for managing the local government's finances, 15
during the period covered by the plan, including the 16
following policies-- 17
(i) an investment policy; 18
(ii) a debt policy; 19
(iii) a procurement policy; 20
(iv) a revenue policy; and 21
(b) covers a period of at least 10 years after the 22
commencement of the plan. 23
(6) A long-term asset management plan is a document that-- 24
(a) outlines the local government's goals, strategies and 25
policies for managing the local government's assets and 26
infrastructure, during the period covered by the plan; 27
and 28
(b) covers a period of at least 10 years after the 29
commencement of the plan. 30
Page 95
Local Government Bill 2008
Chapter 4 Financial matters
Part 3 Financial sustainability and accountability
[s 105]
(7) A local government must annually conduct, and report on the 1
results of, a review of the implementation of the local 2
government's long-term plans mentioned in this section. 3
105 Auditing, including internal auditing 4
(1) Each local government must establish an efficient and 5
effective system of internal controls. 6
(2) Each large local government must also establish an audit 7
committee. 8
(3) A large local government is a local government that belongs 9
to a class prescribed under a regulation. 10
(4) An audit committee is a committee that-- 11
(a) monitors and reviews-- 12
(i) the integrity of financial documents; and 13
(ii) the internal audit controls; and 14
(iii) the effectiveness and objectivity of the local 15
government's internal auditors; and 16
(iv) the effectiveness, independence and objectivity of 17
the local government's external auditors; and 18
(b) makes recommendations to the local government about 19
the appointment of the local government's external 20
auditors; and 21
(c) makes recommendations to the local government about 22
any matters that the audit committee considers need 23
action or improvement. 24
106 Sound contracting principles 25
(1) This section is about contracts for-- 26
(a) the supply of goods or services; or 27
(b) the carrying out of work; or 28
(c) the disposal of assets. 29
Page 96
Local Government Bill 2008
Chapter 4 Financial matters
Part 3 Financial sustainability and accountability
[s 107]
(2) When entering into a contract, a local government must have 1
regard to the sound contracting principles. 2
(3) The sound contracting principles are-- 3
(a) value for money; and 4
(b) open and effective competition; and 5
(c) the development of competitive local business and 6
industry; and 7
(d) environmental protection; and 8
(e) ethical behaviour and fair dealing. 9
107 Insurance 10
(1) A local government must maintain the following insurance-- 11
(a) public liability insurance; 12
(b) professional indemnity insurance. 13
(2) The insurance must be for at least the amount required under a 14
regulation. 15
(3) A local government may enter into a contract of insurance 16
with WorkCover Queensland, or another insurer, to cover its 17
councillors. 18
(4) For that purpose, a councillor's role includes attending-- 19
(a) meetings of the local government or its committees that 20
the councillor is entitled or asked to attend; and 21
(b) meetings for a resident of the local government area; 22
and 23
(c) conferences, deputations, inspections and meetings at 24
which the councillor's attendance is permitted by the 25
local government; and 26
(d) official functions organised for the local government. 27
Page 97
Local Government Bill 2008
Chapter 4 Financial matters
Part 4 Councillor's financial accountability
[s 108]
Part 4 Councillor's financial 1
accountability 2
108 Misappropriation offence applies 3
Nothing in this part stops proceedings being brought in 4
relation to an offence against the Criminal Code, section 440. 5
109 Councillor's discretionary funds 6
(1) A councillor must ensure that the councillor's discretionary 7
funds are used in accordance with the requirements prescribed 8
under a regulation. 9
(2) Discretionary funds are funds in the local government's 10
operating fund that are budgeted for use by a councillor at the 11
councillor's discretion. 12
110 Councillor's liable for improper disbursements 13
(1) This section applies if-- 14
(a) a local government disburses local government funds in 15
a financial year; and 16
(b) the disbursement-- 17
(i) is not provided for in the local government's 18
budget for the financial year; and 19
(ii) is made without the approval of the local 20
government by resolution. 21
(2) The local government must give the public notice of the 22
disbursement in a newspaper that is circulating generally in 23
the local government area, within 14 days after the 24
disbursement is made. 25
(3) If the disbursement is not made for a genuine emergency or 26
hardship, the councillors who knowingly agree to the 27
disbursement are jointly and severally liable to pay the local 28
government-- 29
Page 98
Local Government Bill 2008
Chapter 4 Financial matters
Part 4 Councillor's financial accountability
[s 111]
(a) the amount of the disbursement; and 1
(b) interest on the amount of the disbursement, at the rate at 2
which interest accrues on overdue rates, calculated from 3
the day of the disbursement to the day of repayment; and 4
(c) any fees, charges, penalties or other expenses incurred 5
by the local government in relation to the disbursement. 6
(4) Those amounts may be recovered as a debt payable to the 7
local government. 8
111 Councillor's liable for loans to individuals 9
(1) A local government must not, either directly or indirectly, 10
make or guarantee a loan to an individual. 11
(2) Guarantee a loan includes provide a security in connection 12
with a loan. 13
(3) The councillors who knowingly agree to loan the money are 14
jointly and severally liable to pay the local government-- 15
(a) the amount of the loan; and 16
(b) interest on the amount of the loan, at the rate at which 17
interest accrues on overdue rates, calculated from the 18
day of the borrowing to the day of repayment; and 19
(c) any fees, charges, penalties or other expenses incurred 20
by the local government in relation to the loan. 21
(4) Those amounts may be recovered as a debt payable to the 22
local government. 23
112 Councillor's liable for improper borrowings 24
(1) This section applies if a local government borrows money-- 25
(a) for a purpose that is not for the good rule and 26
government of the local government area; or 27
(b) in contravention of this Act or the Statutory Bodies 28
Financial Arrangements Act. 29
Page 99
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
[s 113]
(2) The councillors who knowingly agree to borrow the money 1
are jointly and severally liable to pay the local government-- 2
(a) the amount borrowed; and 3
(b) interest on the amount borrowed, at the rate at which 4
interest accrues on overdue rates, calculated from the 5
day of the borrowing to the day of repayment; and 6
(c) any fees, charges, penalties or other expenses incurred 7
by the local government in relation to the borrowing. 8
(3) Those amounts may be recovered as a debt payable to the 9
local government. 10
(4) This section applies despite-- 11
(a) the fact that a security was issued for the borrowing; or 12
(b) the Statutory Bodies Financial Arrangements Act. 13
Chapter 5 Monitoring and enforcing 14
the Local Government Acts 15
Part 1 Local governments 16
Division 1 Introduction 17
113 What this part is about 18
(1) The purpose of this part is to allow the Minister, on behalf of 19
the State-- 20
(a) to gather information to monitor and evaluate whether a 21
local government-- 22
(i) is performing its responsibilities properly; or 23
Page 100
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
[s 114]
(ii) is complying with the Local Government Acts; and 1
(b) if the information shows that the local government is not 2
performing its responsibilities properly, or is not 3
complying with the Local Government Acts--to take 4
remedial action. 5
(2) Remedial action is action to improve the local government 6
performance or compliance. 7
(3) Remedial action may include, for example, directing the local 8
government-- 9
(a) to replace a resolution, that is contrary to a Local 10
Government Act, with a resolution that complies with 11
the Local Government Act; or 12
(b) to amend a local law by removing a provision that is 13
contrary to a Local Government Act. 14
114 Decisions under this part are not subject to appeal 15
A decision of the Minister under this part is not subject to 16
appeal. 17
Note-- 18
See section 247 for more information. 19
Division 2 Monitoring and evaluation 20
115 Gathering information 21
(1) To monitor and evaluate a local government's performance 22
and compliance, the department's chief executive may 23
examine the information contained in the local government's 24
records and operations. 25
(2) For example, this may include an examination of-- 26
(a) an activity or program of the local government; or 27
(b) the systems and practices of the local government. 28
Page 101
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
[s 116]
(3) The department's chief executive may conduct the 1
examination in any way that the department's chief executive 2
considers appropriate. 3
(4) Also, the department's chief executive may request a local 4
government to provide any other information. 5
(5) The request must be made in writing, and specify a reasonable 6
time within which the local government must provide the 7
information. 8
(6) The local government must cooperate fully with the 9
department's chief executive under this section. 10
116 Acting on the information gathered 11
(1) This section applies if the information gathered by the 12
department's chief executive shows that the local 13
government-- 14
(a) is not performing its responsibilities properly; or 15
(b) is not complying with the Local Government Acts. 16
(2) The department's chief executive may-- 17
(a) give the information to the Minister; and 18
(b) make any recommendations to the Minister about what 19
remedial action to take. 20
(3) The Minister may take the remedial action that the Minister 21
considers appropriate in the circumstances. 22
(4) The Minister may publish the following information-- 23
(a) the way in which the local government-- 24
(i) is not performing its responsibilities properly; or 25
(ii) is not complying with the Local Government Acts; 26
and 27
(b) the remedial action that the Minister has taken. 28
(5) The Minister may publish the information-- 29
Page 102
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
[s 117]
(a) in a newspaper that is circulating generally in the local 1
government area; or 2
(b) on the local government's website. 3
117 Advisors 4
(1) This section applies if the information gathered by the 5
department's chief executive shows that the local 6
government-- 7
(a) is not performing its responsibilities properly; or 8
(b) is not complying with the Local Government Acts. 9
(2) The department's chief executive may, by gazette notice, 10
appoint an advisor for the local government. 11
(3) An advisor is responsible for-- 12
(a) helping the local government to build its capacity-- 13
(i) to perform its responsibilities properly; or 14
(ii) to comply with the Local Government Acts; and 15
(b) performing other related duties as directed by the 16
department's chief executive. 17
(4) The local government must cooperate fully with the advisor. 18
118 Financial controllers 19
(1) This section applies if the information gathered by the 20
department's chief executive shows that the local 21
government-- 22
(a) is not performing its responsibilities properly; or 23
(b) is not complying with the Local Government Acts. 24
(2) The department's chief executive may, by gazette notice, 25
appoint a financial controller for the local government. 26
(3) A financial controller is responsible for-- 27
Page 103
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
[s 118]
(a) implementing financial controls as directed by the 1
department's chief executive; and 2
(b) performing other related duties as directed by the 3
department's chief executive. 4
(4) The local government must cooperate fully with the financial 5
controller. 6
(5) If a financial controller is appointed, a payment from an 7
account kept by the local government with a financial 8
institution may be made only by-- 9
(a) a cheque countersigned by the financial controller; or 10
(b) an electronic funds transfer authorised by the financial 11
controller. 12
(6) However, if the financial controller reasonably believes a 13
decision, resolution or order to make a payment is financially 14
unsound, the financial controller must-- 15
(a) refuse to make a payment; and 16
(b) advise the department's chief executive about why the 17
decision, resolution or order is financially unsound. 18
(7) A decision, resolution or order is financially unsound if the 19
decision, resolution or order-- 20
(a) may cause the local government to become insolvent; or 21
(b) will result in unlawful expenditure by the local 22
government; or 23
(c) will result in a disbursement from a fund that is not 24
provided for in the local government's budget; or 25
(d) will result in expenditure from grant moneys for a 26
purpose other than the purpose for which the grant was 27
given. 28
Page 104
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
[s 119]
119 Costs and expenses of advisors and financial controllers 1
(1) The department's chief executive may direct a local 2
government for which an advisor or financial controller is 3
appointed to pay the Minister a stated amount for-- 4
(a) the salary and allowances payable to the advisor or 5
financial controller; and 6
(b) the costs and expenses of the advisor or financial 7
controller. 8
(2) The direction may state a time for payment. 9
(3) The stated amount is a debt payable to the State. 10
Division 3 Action by the Minister 11
120 Precondition to remedial action 12
(1) This section applies if the Minister proposes to exercise a 13
power under this division. 14
(2) The Minister must give the local government or councillor in 15
question a written notice of the proposal to exercise the power, 16
before the power is exercised, unless-- 17
(a) the local government or councillor asked the Minister to 18
exercise the power; or 19
(b) if the Minister proposes to exercise a power under 20
section 122 or 123--the tribunal has made a 21
recommendation under section 180 to suspend or 22
dismiss a councillor; or 23
(c) the Minister considers that giving notice-- 24
(i) is likely to defeat the purpose of the exercise of the 25
power; or 26
(ii) would serve no useful purpose. 27
(3) The notice must state-- 28
(a) the power that the Minister proposes to exercise; and 29
Page 105
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
[s 121]
(b) the reasons for exercising the power; and 1
(c) any remedial action that the local government or 2
councillor should take; and 3
(d) a reasonable time within which the local government or 4
councillor may make submissions to the Minister about 5
the proposal to exercise the power. 6
(4) The reasons stated in the notice are the only reasons that can 7
be relied on in support of the exercise of the power. 8
(5) The Minister must have regard to all submissions that are 9
made by the local government or councillor within the time 10
specified in the notice. 11
(6) If-- 12
(a) the Minister receives no submissions from the local 13
government or councillor within the time specified in 14
the notice; or 15
(b) the submissions from the local government or councillor 16
do not contain reasonable grounds to persuade the 17
Minister not to exercise the power; 18
the Minister may exercise the power without further notice to 19
the local government or councillor. 20
121 Removing unsound decisions 21
(1) This section applies if the Minister reasonably believes that a 22
decision of the local government is contrary to any of the 23
Local Government Acts. 24
(2) A decision is-- 25
(a) a local law; or 26
(b) a resolution; or 27
(c) an order to give effect to a resolution; or 28
(d) a planning scheme; or 29
(e) an interim development control provision; or 30
Page 106
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
[s 122]
(f) a part of a decision mentioned in paragraphs (a) to (e). 1
(3) The Minister, by a gazette notice, may-- 2
(a) suspend the decision, for a specified period or 3
indefinitely; or 4
(b) revoke the decision. 5
(4) The gazette notice must state-- 6
(a) how the decision is contrary to a Local Government Act; 7
and 8
(b) if the decision has been suspended--how the decision 9
may be amended so that it is no longer contrary to the 10
Local Government Act. 11
(5) If the Minister suspends the decision, the decision stops 12
having effect for the period specified in the gazette notice. 13
(6) If the Minister revokes the decision-- 14
(a) the decision stops having effect on the day specified in 15
the gazette notice; or 16
(b) if no day is specified in the gazette notice--the decision 17
is taken to never have had effect. 18
(7) The State is not liable for any loss or expense incurred by a 19
person because a local government's decision is suspended or 20
revoked under this section. 21
122 Removing a councillor 22
(1) This section applies if-- 23
(a) under section 180, the tribunal recommends that a 24
councillor be suspended or dismissed; or 25
(b) the Minister reasonably believes that a councillor is 26
incapable of performing their responsibilities. 27
(2) The Minister may recommend that the Governor in Council-- 28
Page 107
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
[s 123]
(a) if the tribunal recommends that a councillor be 1
suspended or dismissed--suspend or dismiss the 2
councillor; or 3
(b) if the proposal in the Minister's notice under section 120 4
was to suspend the councillor for a stated 5
period--suspend the councillor for a period that is no 6
longer than the stated period; or 7
(c) if the proposal in the Minister's notice under section 120 8
was to dismiss the councillor--suspend or dismiss the 9
councillor. 10
(3) The Governor in Council may give effect to the Minister's 11
recommendation under a regulation. 12
123 Dissolving a local government 13
(1) This section applies if-- 14
(a) the tribunal recommends under section 180 that every 15
councillor be suspended or dismissed; or 16
(b) the Minister reasonably believes that a local government 17
is incapable of performing its responsibilities. 18
(2) The Minister may recommend that the Governor in Council-- 19
(a) dissolve the local government; and 20
(b) appoint an interim administrator to act in place of the 21
councillors until the conclusion of a fresh election of 22
councillors. 23
(3) The Governor in Council may give effect to the Minister's 24
recommendation under a regulation. 25
(4) The regulation has effect in accordance with the requirements 26
of the Constitution of Queensland 2001, chapter 7, part 2. 27
(5) It is Parliament's intention that a fresh election of the 28
councillors of the local government should be held as soon as 29
practicable after the Legislative Assembly ratifies the 30
dissolution of the local government. 31
Page 108
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
[s 124]
124 Interim administrator acts for the councillors temporarily 1
(1) This section applies if an interim administrator is appointed to 2
act in place of the councillors of a local government. 3
(2) The interim administrator has all the responsibilities and 4
powers of-- 5
(a) the local government; and 6
(b) the mayor. 7
(3) However, a regulation may limit the responsibilities and 8
powers of the interim administrator. 9
(4) The interim administrator must exercise power under the 10
name of `interim administrator of the (name of the local 11
government)'. 12
(5) This Act and other Acts apply to the interim administrator, 13
with all necessary changes, and any changes prescribed under 14
a regulation, as if the interim administrator were the local 15
government. 16
(6) The Governor in Council may direct a local government for 17
which an interim administrator is appointed to pay to the 18
Minister an amount specified in the direction for the costs and 19
expenses of the interim administrator. 20
(7) The specified amount may include the salary and allowances 21
payable to an officer of the public service who is appointed as 22
interim administrator. 23
(8) The direction may specify a time for payment. 24
(9) The specified amount is a debt payable to the State. 25
(10) The Minister may create an advisory committee to give the 26
interim administrator advice about the performance of the 27
local government's responsibilities. 28
Page 109
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 125]
Part 2 The public 1
Division 1 Powers of authorised persons 2
Subdivision 1 Introduction 3
125 What this division is about 4
(1) This division is about the powers that may be used by an 5
authorised person. 6
(2) An authorised person is a person who is appointed under this 7
Act to ensure that members of the public comply with the 8
Local Government Acts. 9
Note-- 10
See chapter 6, part 7 for more information about the appointment of 11
authorised persons. 12
(3) The powers of an authorised person include the power, in 13
certain circumstances-- 14
(a) to ask a person for their name and address; and 15
(b) to enter a property, including private property. 16
(4) Private property is a property that is not a public place. 17
(5) A public place is a place, or that part of a place, that-- 18
(a) is open to the public; or 19
(b) is used by the public; or 20
(c) the public is entitled to use; 21
whether or not on payment of money. 22
Example-- 23
A person uses a room at the front of their home as a business office. 24
While the business office is open to the public it is a public place. 25
However, the home is private property and not part of the public place. 26
Page 110
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 126]
(6) An occupier of a property includes a person who reasonably 1
appears to be the occupier of, or in charge of, the property. 2
(7) Force must not be used to enter a property under this division, 3
other than when the property is entered under a warrant that 4
authorises that use of force. 5
126 Producing authorised person's identity card 6
(1) An authorised person may exercise a power under this 7
division, in relation to a person, only if the authorised 8
person-- 9
(a) first produces his or her identity card for the person to 10
inspect; or 11
(b) has his or her identity card displayed so it is clearly 12
visible to the person. 13
(2) However, if for any reason it is not practicable to comply with 14
subsection (1), the authorised person must produce the 15
identity card for the person's inspection at the first reasonable 16
opportunity. 17
Subdivision 2 Power to require a person's name 18
and address 19
127 Power to require a person's name and address 20
(1) This section applies if an authorised person-- 21
(a) finds a person committing an infringement notice 22
offence; or 23
(b) finds a person in circumstances that lead the authorised 24
person to suspect, on reasonable grounds, that the 25
person has just committed an infringement notice 26
offence; or 27
Page 111
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 128]
(c) has information that leads the authorised person to 1
suspect, on reasonable grounds, that a person has just 2
committed an infringement notice offence. 3
(2) An infringement notice offence is an offence prescribed 4
under the State Penalties Enforcement Act 1999 to be an 5
infringement notice offence. 6
(3) The authorised person may require the person to state the 7
person's name and address. 8
(4) If the authorised person does so, the authorised person must 9
also warn the person that it is an offence to fail to state the 10
person's name and address, unless the person has a reasonable 11
excuse. 12
(5) The authorised person may require the person to give 13
evidence of the person's name or address if the authorised 14
person suspects, on reasonable grounds, that the person has 15
given a false name or address. 16
(6) The person must comply with an authorised person's 17
requirement under subsection (3) or (5), unless the person has 18
a reasonable excuse. 19
Maximum penalty--35 penalty units. 20
(7) However, the person does not commit an offence under 21
subsection (6), if the person is not proved to have committed 22
the infringement notice offence. 23
Subdivision 3 Powers to enter property etc. 24
128 Entering a public place that is open without the need for 25
permission 26
(1) This section applies if an authorised person wants to enter a 27
public place to ensure that the public place complies with the 28
Local Government Acts. 29
Page 112
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 129]
(2) The authorised person may enter the public place, without the 1
permission of the occupier of the place, if the place is not 2
closed to the public (by a locked gate, for example). 3
129 Entering private property with, and in accordance with, 4
the occupier's permission 5
(1) An authorised person may enter private property, that is not 6
closed to entry by the public (by a locked gate, for example), 7
in order to ask the occupier of the property for permission to 8
stay on the property and exercise powers under this Act. 9
(2) When asking the occupier for permission, the authorised 10
person must inform the occupier-- 11
(a) of the purpose of entering the property; and 12
(b) that any thing or information that the authorised person 13
finds on the property may be used as evidence in court; 14
and 15
(c) that the occupier is not obliged to give permission. 16
(3) If the occupier gives permission, the authorised person may 17
ask the occupier to sign a document that confirms that the 18
occupier has given permission. 19
(4) The document must state-- 20
(a) that the authorised person informed the occupier-- 21
(i) of the purpose of entering the property; and 22
(ii) that any thing or information that the authorised 23
person finds on the property may be used as 24
evidence in court; and 25
(iii) that the occupier was not obliged to give the 26
permission; and 27
(b) that the occupier gave the authorised person permission 28
to enter the property and exercise powers under this Act; 29
and 30
Page 113
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 130]
(c) the date and time when the occupier gave the 1
permission. 2
(5) If the occupier signs the document, the authorised person 3
must immediately give a copy of the document to the 4
occupier. 5
(6) If, in any proceedings-- 6
(a) a question arises as to whether the occupier of a 7
property gave permission to allow an authorised person 8
to stay on the property under this Act; and 9
(b) a document that confirms the occupier gave permission 10
is not produced in evidence; 11
the court may assume that the occupier did give the 12
permission, unless the contrary is proved. 13
(7) If the occupier gives permission, the authorised person may 14
stay on the property and exercise the powers that the occupier 15
has agreed to be exercised on the property. 16
(8) However, the right to stay on the property-- 17
(a) is subject to any conditions that the occupier imposes 18
(including about the times when the property may be 19
entered, for example); and 20
(b) may be cancelled by the occupier at any time. 21
130 Entering private property with, and in accordance with, a 22
warrant 23
(1) An authorised person may enter private property with, and in 24
accordance with, a warrant. 25
(2) An authorised person must apply to a magistrate for a warrant. 26
(3) The application for the warrant must-- 27
(a) be in the form approved by the department's chief 28
executive; and 29
(b) be sworn; and 30
Page 114
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 130]
(c) state the grounds on which the warrant is sought. 1
(4) The magistrate may refuse to consider the application until the 2
authorised person gives the magistrate all the information that 3
the magistrate requires about the application, in the way that 4
the magistrate requires. 5
Example-- 6
The magistrate may require additional information in support of the 7
application to be given by statutory declaration. 8
(5) The magistrate may issue the warrant only if the magistrate is 9
satisfied that there are reasonable grounds for suspecting-- 10
(a) there is a particular thing or activity that may provide 11
evidence of an offence against a Local Government Act 12
(the evidence); and 13
(b) the evidence is at the place, or may be at the place 14
within the next 7 days. 15
(6) The warrant must state-- 16
(a) the evidence for which the warrant is issued; and 17
(b) that the authorised person may, with necessary and 18
reasonable help and force, enter the property and 19
exercise an authorised person's powers under this Act; 20
and 21
(c) the hours of the day or night when the property may be 22
entered; and 23
(d) the day (within 14 days after the warrant's issue) when 24
the warrant ends. 25
(7) The magistrate must keep a record of the reasons for issuing 26
the warrant. 27
(8) A warrant is not invalidated by a defect in the warrant, or in 28
compliance with section 131, unless the defect affects the 29
substance of the warrant in a material particular. 30
(9) As soon as an authorised person enters private property under 31
a warrant, the authorised person must do, or make a 32
reasonable attempt to do, the following things-- 33
Page 115
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 131]
(a) inform any occupier of the property-- 1
(i) of the reason for entering the property; and 2
(ii) that the warrant authorises the authorised person to 3
enter the property without the permission of the 4
occupier; and 5
(b) give any occupier a reasonable opportunity to allow the 6
authorised person to immediately enter the property 7
without using force. 8
(10) However, the authorised person does not need to comply with 9
subsection (9) if the authorised person believes that immediate 10
entry to the property is required to ensure the warrant is 11
effectively executed. 12
131 Warrants--applications made electronically 13
(1) An authorised person may make an electronic application for 14
a warrant if the authorised person considers it necessary 15
because of-- 16
(a) urgent circumstances; or 17
(b) special circumstances (including the authorised person's 18
remote location, for example). 19
(2) An electronic application is an application made by phone, 20
fax, radio, email, videoconferencing or another form of 21
electronic communication. 22
(3) The authorised person must prepare an application for the 23
warrant that states the grounds on which the warrant is sought, 24
before applying for the warrant. 25
(4) However, the authorised person may apply for the warrant 26
before the application is sworn. 27
(5) The magistrate may issue the warrant only if the magistrate is 28
satisfied that-- 29
(a) it was necessary to make the application electronically; 30
and 31
Page 116
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 131]
(b) the way that the application was made was appropriate 1
in the circumstances. 2
(6) If the magistrate issues the warrant, and it is reasonably 3
practicable to send a copy of the warrant to the authorised 4
person (by fax or email, for example), the magistrate must 5
immediately do so. 6
(7) If it is not reasonably practicable to send a copy of the warrant 7
to the authorised person-- 8
(a) the magistrate must-- 9
(i) inform the authorised person of the date and time 10
when the magistrate signed the warrant; and 11
(ii) inform the authorised person of the terms of the 12
warrant; and 13
(b) the authorised person must write on a warrant form-- 14
(i) the magistrate's name; and 15
(ii) the date and time when the magistrate signed the 16
warrant; and 17
(iii) the terms of the warrant. 18
(8) The copy of the warrant sent to the authorised person, or the 19
warrant form properly completed by the authorised person, 20
authorises the authorised person to enter the property, and to 21
exercise the powers, mentioned in the warrant that was signed 22
by the magistrate. 23
(9) The authorised person must, at the first reasonable 24
opportunity, send the magistrate-- 25
(a) the sworn application; and 26
(b) if the authorised person completed a warrant form--the 27
completed warrant form. 28
(10) When the magistrate receives the documents, the magistrate 29
must attach them to the warrant that was signed by the 30
magistrate, and give the warrant to the clerk of the court. 31
Page 117
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 132]
(11) Unless the contrary is proven, a court must presume that a 1
power exercised by an authorised person was not authorised 2
by a warrant issued under this section if-- 3
(a) a question arises, in any proceedings before the court, 4
whether the exercise of power was authorised by a 5
warrant; and 6
(b) the warrant is not produced in evidence. 7
132 Entering under an application, permit or notice 8
(1) This section applies if an authorised person wants to enter a 9
property-- 10
(a) to inspect the property in order to process an application 11
made under any Local Government Act; or 12
(b) to inspect a record that is required to be kept for a 13
budget accommodation building under the Building Act, 14
chapter 7; or 15
(c) to find out whether the conditions on which a permit or 16
notice was issued have been complied with; or 17
(d) to inspect work that was carried out under a permit or 18
notice. 19
(2) A permit is an approval, authorisation, consent, licence, 20
permission, registration or other authority issued under any 21
Local Government Act. 22
(3) A notice is a notice issued under any Local Government Act. 23
(4) The authorised person may enter the property without the 24
permission of the occupier of the property-- 25
(a) at any reasonable time during the day; or 26
(b) at night, if-- 27
(i) the occupier of the property asks the authorised 28
person to enter the property at that time; or 29
(ii) the conditions of the permit allow the authorised 30
person to enter the property at that time; or 31
Page 118
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 133]
(iii) the property is a public place and is not closed to 1
the public. 2
(5) However, the authorised person-- 3
(a) must, as soon as the authorised person enters the 4
property, inform any occupier of the property-- 5
(i) of the reason for entering the property; and 6
(ii) that the authorised person is authorised under this 7
Act to enter the property without the permission of 8
the occupier; and 9
(b) may enter a home that is on the property only if the 10
occupier of the relevant part of the property 11
accompanies the authorised person. 12
133 Entering property under an approved inspection program 13
(1) An authorised person may enter a property (other than a home 14
on the property) without the permission of the occupier of the 15
property, at any reasonable time of the day or night, under an 16
approved inspection program. 17
(2) An approved inspection program is a program, approved by a 18
local government, under which an authorised person may 19
enter and inspect properties in the local government area to 20
ensure the Local Government Acts are being complied with. 21
Example of an approved inspection program-- 22
a program to ensure that swimming pools are fenced in accordance with 23
the local law 24
(3) The local government must give, or must make a reasonable 25
attempt to give, the occupier of the property a written notice 26
that informs the occupier of the following-- 27
(a) the local government's intention to enter the property; 28
and 29
(b) the reason for entering the property; and 30
(c) an estimation of when the property will be entered. 31
Page 119
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 134]
Example-- 1
A local government may give the written notice to an occupier of a 2
property by dropping a flyer in the letterbox for the property. 3
(4) The local government must give, or make a reasonable 4
attempt to give, the written notice to the occupier within a 5
reasonable time before the property is to be entered. 6
(5) The authorised person-- 7
(a) must, as soon as the authorised person enters the 8
property, inform any occupier of the property-- 9
(i) of the reason for entering the property; and 10
(ii) that the authorised person is authorised under this 11
Act to enter the property without the permission of 12
the occupier; and 13
(b) may enter a budget accommodation building on the 14
property only to monitor compliance with the Building 15
Act, chapter 7. 16
134 Approving an inspection program 17
(1) A local government may, by resolution, approve the following 18
types of inspection programs-- 19
(a) a systematic inspection program; 20
(b) a selective inspection program. 21
(2) A systematic inspection program allows an authorised person 22
to enter and inspect all properties, or all properties of a certain 23
type, in the local government area. 24
(3) A selective inspection program allows an authorised person 25
to enter and inspect those properties in the local government 26
area that have been selected in accordance with objective 27
criteria specified in the resolution. 28
(4) The resolution must state-- 29
(a) the purpose of the program; and 30
(b) when the program starts; and 31
Page 120
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 134]
(c) for a systematic inspection program that allows a type of 1
property to be entered and inspected--a description of 2
the type of property; and 3
(d) for a selective inspection program--the objective 4
criteria for selecting the properties to be entered and 5
inspected; and 6
(e) the period (of not more than 3 months or another period 7
prescribed under a regulation) over which the program 8
is to be carried out. 9
(5) The local government must give the public notice of the 10
approval of an inspection program, at least 14 days, but not 11
more than 28 days, before the approved inspection program 12
starts. 13
(6) The notice must be published-- 14
(a) in a newspaper that is circulating generally in the local 15
government area; and 16
(b) on the local government's website. 17
(7) The notice must state the following-- 18
(a) the name of the local government; 19
(b) the purpose and scope of the program, in general terms; 20
(c) when the program starts; 21
(d) the period over which the program is to be carried out; 22
(e) that the public may inspect a copy of the program at the 23
local government's public office until the end of the 24
program; 25
(f) that a copy of the program may be purchased at the local 26
government's public office until the end of the program; 27
(g) the price of a copy of the program. 28
(8) The price of a copy of the program must be no more than the 29
cost to the local government of making the copy available for 30
purchase. 31
Page 121
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 135]
(9) From the time when the notice is published in the newspaper 1
until the end of the program-- 2
(a) the public may inspect a copy of the program at the local 3
government's public office; and 4
(b) copies of the program must be available for purchase at 5
the local government's public office at the price stated in 6
the notice. 7
135 General powers after entering a property 8
(1) This section explains the powers that an authorised person has 9
after entering a property, other than entering a property-- 10
(a) to ask the occupier of the property for permission to stay 11
on the property; or 12
(b) under section 132 or 133. 13
(2) The authorised person may-- 14
(a) search any part of the property; or 15
(b) inspect, test, photograph or film anything that is in or on 16
the property; or 17
(c) copy a document that is in or on the property; or 18
(d) take samples of or from anything that is in or on the 19
property; or 20
(e) take into or onto the property any persons, equipment 21
and materials that the authorised person reasonably 22
requires for exercising a power under this division; or 23
(f) require the occupier of the property, or a person in or on 24
the property, to give the authorised person reasonable 25
help to exercise the authorised person's powers under 26
paragraphs (a) to (e). 27
(3) If a person is required to give reasonable help under 28
subsection (2)(f), the person must comply with the 29
requirement, unless the person has a reasonable excuse. 30
Maximum penalty--8 penalty units. 31
Page 122
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 136]
(4) If the requirement is to be complied with by the person giving 1
information or producing a document, it is a reasonable 2
excuse for the person to fail to comply with the requirement if 3
complying with the requirement might incriminate the person. 4
136 Authorised person to give notice of damage 5
(1) This section applies if-- 6
(a) something is damaged by-- 7
(i) an authorised person, when the authorised person 8
exercises a power under this division; or 9
(ii) a person who is authorised by an authorised person 10
to take action under this division, when the person 11
takes the action; or 12
(b) the authorised person considers, on reasonable grounds, 13
that the damage is more than trivial damage. 14
(2) The authorised person must immediately give written notice 15
of the particulars of the damage to the person who appears to 16
be the owner of the thing that was damaged. 17
(3) However, if for any reason it is not practicable to do so, the 18
authorised person must leave the notice, in a reasonably 19
secure way and in a conspicuous position, at the place where 20
the thing was damaged. 21
(4) The owner of a thing includes a person in possession or 22
control of the thing. 23
(5) If the authorised person believes the damage was caused by a 24
latent defect in the thing, or other circumstances beyond the 25
authorised person's control, the authorised person may state 26
that in the notice. 27
137 Compensation for damage or loss caused after entry 28
(1) If a person incurs damage or loss because of the exercise, or 29
purported exercise, of a power under this division, the local 30
government must pay the person compensation. 31
Page 123
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 138]
(2) The compensation equals-- 1
(a) the amount agreed between the person and local 2
government; or 3
(b) if the person and local government can not agree, the 4
amount that is decided by a court. 5
(3) The person may claim the compensation in-- 6
(a) any proceedings for compensation; or 7
(b) any proceedings brought against the person for an 8
offence against any Local Government Act. 9
(4) A court may order compensation to be paid only if the court is 10
satisfied it is just to do so in all the circumstances. 11
(5) A regulation may prescribe matters that may, or must, be 12
taken into account by the court when considering whether it is 13
just to make the order. 14
(6) The court may make any order about costs that the court 15
considers just. 16
Division 2 Powers of other persons 17
138 What this division is about 18
(1) This division is about the powers that may be used-- 19
(a) to enable a local government to perform its 20
responsibilities; or 21
(b) to ensure that a person complies with this Act, and the 22
other Local Government Acts, including by complying 23
with a remedial notice. 24
(2) A remedial notice is a notice-- 25
(a) that a local government gives to the owner of a property 26
within the local government area; and 27
Page 124
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 138]
(b) that requires action to be taken in relation to the 1
property under a Local Government Act (including 2
fencing a pool, for example). 3
(3) This division explains the circumstances in which a person is 4
authorised to enter a property under this division, namely-- 5
(a) in a potentially dangerous situation, to take urgent 6
action; or 7
(b) to take action in relation to local government facilities 8
on the property (including water or sewerage pipes, for 9
example); or 10
(c) with (and in accordance with) the permission of the 11
occupier of the property; or 12
(d) with (and in accordance with) a court order; or 13
(e) with (and in accordance with) reasonable written notice. 14
(4) Reasonable written notice is a written notice, given at least 7 15
days before a property is to be entered, that informs the owner 16
and the occupier of the property of-- 17
(a) the local government's intention to enter the property; 18
and 19
(b) the reason for entering the property; and 20
(c) the days and times when the property is to be entered. 21
(5) The following persons may enter a property under this 22
division-- 23
(a) if the occupier of the property is not the owner of the 24
property--the owner or the owner's employee; 25
(b) a local government worker. 26
(6) A local government worker is an employee, or agent, of the 27
local government who is authorised to act under this section. 28
(7) The local government must give each local government 29
worker an identity card. 30
Page 125
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 139]
(8) Force must not be used to enter a property under this division, 1
unless the property is entered under a court order that 2
specifically authorises the use of that force. 3
139 Entry with, and in accordance with, permission of 4
occupier 5
(1) Any person may enter a property with the permission of the 6
occupier of the property. 7
(2) However, the right to enter the property-- 8
(a) is subject to any conditions that the occupier imposes 9
(including about the times when the property may be 10
entered, for example); and 11
(b) may be cancelled by the occupier at any time. 12
140 Entry by an owner, with reasonable written notice, under 13
a remedial notice 14
(1) This section applies if-- 15
(a) a local government gives a remedial notice to the owner 16
of a property; and 17
(b) the owner is not the occupier of the property. 18
(2) After giving reasonable written notice to the occupier of the 19
property, the owner or the owner's employee may-- 20
(a) enter the property at any reasonable time; and 21
(b) take the action that is required under the remedial 22
notice. 23
(3) If the occupier asks to inspect the remedial notice, the owner 24
must allow the occupier to inspect the remedial notice. 25
(4) If the occupier refuses to allow the owner to enter the property 26
and the owner informs the local government of that, the owner 27
is not liable for failing to comply with the remedial notice. 28
(5) This section does not affect any rights that the owner has apart 29
from this section. 30
Page 126
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 141]
141 Occupier may discharge owner's obligations 1
(1) This section applies if-- 2
(a) the owner of a property fails-- 3
(i) to take the action in relation to the property that is 4
required under a remedial notice; or 5
(ii) to pay money that is payable in relation to the 6
property under a Local Government Act (including 7
rates, for example); and 8
(b) the occupier of the property is not the owner of the 9
property. 10
(2) The occupier of the property may-- 11
(a) take the action that is required, and recover the amount 12
that the occupier properly and reasonably incurs in 13
taking the action as a debt payable by the owner; or 14
(b) pay the money that is payable, and recover the money as 15
a debt payable by the owner. 16
(3) For example, if the occupier is the owner's tenant, the 17
occupier may deduct the money from any rent that the 18
occupier owes the owner, without being in breach of the 19
tenancy agreement. 20
142 Entry by a local government worker, with reasonable 21
written notice, under a remedial notice 22
(1) This section applies if-- 23
(a) a local government gives a remedial notice to the owner 24
of a property; and 25
(b) both the owner and the occupier of the property fail to 26
take the action required under the remedial notice. 27
(2) After giving reasonable written notice to the owner and the 28
occupier of the property, a local government worker may-- 29
(a) enter the property (other than a home on the property) 30
without the permission of the occupier; and 31
Page 127
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 143]
(b) take the action that is required under the remedial 1
notice. 2
(3) However, the local government worker must, as soon as the 3
local government worker enters the property-- 4
(a) inform any occupier of the property-- 5
(i) of the reason for entering the property; and 6
(ii) that the local government worker is authorised 7
under this Act to enter the property without the 8
permission of the occupier; and 9
(b) produce his or her identity card for the occupier of the 10
property to inspect. 11
(4) The local government may recover the amount that the local 12
government properly and reasonably incurs in taking the 13
action as a debt payable by the person who failed to take the 14
action. 15
(5) If both the owner and the occupier failed to take the action, 16
the owner and the occupier are jointly and severally liable for 17
the debt. 18
(6) The local government must give the person who failed to take 19
the action written notice of the amount of the debt. 20
(7) If the debt is not paid within 30 days after the date of the 21
written notice, the local government may recover the debt as 22
if the debt were overdue rates. 23
(8) Interest is payable on the debt at the same rate that interest is 24
payable on overdue rates levied by the local government. 25
143 Entry by a local government worker, with reasonable 26
written notice, to take materials 27
(1) This section applies if, in the circumstances, a local 28
government has no other reasonably practicable way of 29
obtaining materials other than by removing the materials from 30
rateable land that is not protected land. 31
(2) Protected land is land that is-- 32
Page 128
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 143]
(a) the site of, or curtilage around, a home or other 1
structure; or 2
(b) a court, lawn, park, planted walk or avenue or yard; or 3
(c) under cultivation (including a garden, nursery or 4
plantation, for example); or 5
(d) a state forest or timber reserve under the Forestry Act; or 6
(e) a protected area under the Nature Conservation Act 7
1992; or 8
(f) the wet tropics area under the Wet Tropics World 9
Heritage Protection and Management Act 1993; or 10
(g) outside the local government area, unless the local 11
government has the Minister's approval. 12
(3) After giving reasonable written notice to the owner and the 13
occupier of the rateable land, a local government worker 14
may-- 15
(a) enter the land without the permission of the occupier of 16
the land; and 17
(b) search for materials that the local government requires 18
to perform its responsibilities; and 19
(c) remove the materials from the land. 20
Example-- 21
A local government may remove dirt from the land for use in mopping 22
up an oil spill on a neighbouring road to prevent the oil entering a 23
stormwater drain. 24
(4) However, the local government worker must, as soon as the 25
local government worker enters the property-- 26
(a) inform any occupier of the property-- 27
(i) of the reason for entering the property; and 28
(ii) that the local government worker is authorised 29
under this Act to enter the property without the 30
permission of the occupier; and 31
Page 129
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 144]
(b) produce his or her identity card for the occupier of the 1
property to inspect. 2
(5) The local government worker must not search for, or remove 3
materials from, within 50m of any structure or works on the 4
land (including a home, bridge, dam or wharf, for example). 5
144 Entry by a local government worker, at reasonable times, 6
to repair etc. facilities 7
(1) At all reasonable times, a local government worker may enter 8
a property (other than a home on the property) without the 9
permission of the occupier of the property-- 10
(a) to investigate the future installation of local government 11
facilities on, over or under the property; or 12
(b) to install local government facilities on, over or under 13
the property; or 14
(c) to inspect, maintain, operate, repair, replace or remove 15
local government facilities, that are on, over or under the 16
property, for their routine operations. 17
(2) Local government facilities are facilities that are installed by 18
a local government (including sewerage pipes, for example). 19
(3) However, the local government worker must, as soon as the 20
local government worker enters the property-- 21
(a) inform any occupier of the property-- 22
(i) of the reason for entering the property; and 23
(ii) that the local government worker is authorised 24
under this Act to enter the property without the 25
permission of the occupier; and 26
(b) produce his or her identity card for the occupier of the 27
property to inspect. 28
Page 130
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 145]
145 Entry by a local government worker, at any time, for 1
urgent action 2
(1) A local government worker may enter a property (other than a 3
home on the property), at any time without the permission of 4
the occupier of the property, in a potentially dangerous 5
situation to take urgent action for local government purposes. 6
Example-- 7
A local government worker may enter a property to cut down a tree that 8
was blown over in a storm and is in danger of falling and injuring 9
someone or damaging property. 10
(2) However, the local government worker must, as soon as the 11
local government worker enters the property-- 12
(a) inform any occupier of the property-- 13
(i) of the reason for entering the property; and 14
(ii) that the local government worker is authorised 15
under this Act to enter the property without the 16
permission of the occupier; and 17
(b) produce his or her identity card for the occupier of the 18
property to inspect. 19
146 Entry with, and in accordance with, a court order 20
(1) A person may enter a property with, and in accordance with, a 21
court order made under this section. 22
(2) The person must apply to a magistrate for the court order. 23
(3) The application must-- 24
(a) be in the form approved by the department's chief 25
executive; and 26
(b) be sworn; and 27
(c) state the grounds on which the court order is sought. 28
(4) The person must, as soon as practicable, give a copy of the 29
application to-- 30
Page 131
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 146]
(a) if the person is not the owner of the property--the 1
owner of the property; and 2
(b) the occupier of the property. 3
(5) The magistrate may refuse to consider the application until the 4
person gives the magistrate all the information that the 5
magistrate requires about the application in the way that the 6
magistrate requires. 7
Example-- 8
The magistrate may require additional information supporting the 9
application to be given by statutory declaration. 10
(6) If the magistrate is satisfied that entry to the property is 11
necessary to allow the person to take action under any of the 12
Local Government Acts, the magistrate may make the court 13
order. 14
(7) The court order must-- 15
(a) direct the occupier of the property to allow the person to 16
enter the property and take all action that is necessary 17
under any Local Government Act; and 18
(b) state the hours of the day or night when the property 19
may be entered; and 20
(c) state the day (within 14 days after the court order is 21
made) when the court order ends. 22
(8) If the person who applied for the court order is a local 23
government worker, the court order may authorise the local 24
government worker to use necessary and reasonable help and 25
force to enter the property. 26
(9) The magistrate must record the reasons for making the court 27
order. 28
(10) As soon as the person enters the property under the court 29
order, the person must do, or make a reasonable attempt to do, 30
the following things-- 31
(a) inform any occupier of the property-- 32
(i) of the reason for entering the property; and 33
Page 132
Local Government Bill 2008
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 147]
(ii) that the person is authorised under the court order 1
to enter the property without the permission of the 2
occupier; and 3
(b) if the court order authorises the person to use force to 4
enter the property--give the occupier a reasonable 5
opportunity to allow the person to immediately enter the 6
property without using force. 7
147 Compensation for damage or loss caused 8
(1) A local government worker who enters a property-- 9
(a) must not cause, or contribute to, damage to any structure 10
or works on the property; and 11
(b) must take all reasonable steps to ensure that the worker 12
causes as little inconvenience, and does as little other 13
damage, as is practicable in the circumstances. 14
(2) If a person incurs damage or loss because of the exercise, or 15
purported exercise, of a power under this division (including 16
the loss of the value of materials removed from a property, or 17
the reduction in the value of the property, for example), the 18
local government must pay the person compensation. 19
(3) The compensation equals-- 20
(a) the amount agreed between the person and local 21
government; or 22
(b) if the person and local government can not agree, the 23
amount that is decided by a court. 24
(4) The court may make any order about costs that the court 25
considers just. 26
148 Limitation of time in absence of notice of work done 27
(1) This section applies if work is done on a property without an 28
approval that is required under a Local Government Act. 29
Page 133
Local Government Bill 2008
Chapter 6 Administration
Part 1 Introduction
[s 149]
(2) For the purposes of any limitation of time for taking any 1
proceedings or doing anything else about the work, the work 2
is taken to have been done when a local government worker 3
first finds out about the work. 4
Division 3 Offences 5
149 Obstructing enforcement of Local Government Acts 6
(1) A person must not obstruct another person who is taking 7
action that the other person is required or authorised to take 8
under a Local Government Act. 9
Maximum penalty--50 penalty units. 10
(2) A person must not pull down, damage, deface or destroy a 11
board or anything else that is displaying a local law, order, 12
notice or other matter authorised by a local government. 13
Maximum penalty--35 penalty units. 14
150 Impersonating an authorised person 15
A person must not pretend to be an authorised person. 16
Maximum penalty--50 penalty units. 17
Chapter 6 Administration 18
Part 1 Introduction 19
151 What this chapter is about 20
(1) This chapter contains provisions about-- 21
Page 134
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 152]
(a) persons who are elected or appointed to perform 1
responsibilities under this Act; and 2
(b) bodies that are created to perform responsibilities under 3
this Act. 4
(2) For example, this chapter contains provisions about-- 5
(a) qualifications for election or appointment; and 6
(b) acting appointments; and 7
(c) conditions of appointment; and 8
(d) ending appointments. 9
Part 2 Councillors 10
Division 1 Qualifications of councillors 11
152 Qualifications of councillors 12
(1) A person is qualified to be a councillor of a local government, 13
other than the Torres Strait Island Regional Council, only if 14
the person-- 15
(a) is an Australian citizen; and 16
(b) is not disqualified from being a councillor because of a 17
section in this division. 18
(2) A person is qualified to be the mayor of the Torres Strait 19
Island Regional Council only if the person-- 20
(a) is an Australian citizen; and 21
(b) is a Torres Strait Islander or an Aborigine; and 22
(c) on the nomination day for the election, has lived in the 23
local government area for the 2 years immediately 24
before the nomination day; and 25
Page 135
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 153]
(d) is not disqualified from being a councillor because of a 1
section in this division. 2
(3) A person is qualified to be another councillor of the Torres 3
Strait Island Regional Council only if the person-- 4
(a) is an Australian citizen; and 5
(b) is a Torres Strait Islander or an Aborigine; and 6
(c) on the nomination day for the election, has lived in the 7
particular division for which the person is to be a 8
candidate for the 2 years immediately before the 9
nomination day; and 10
(d) is not disqualified from being a councillor because of a 11
section in this division. 12
153 Disqualification for certain offences 13
(1) A person can not be a councillor-- 14
(a) after the person is convicted of a treason offence, unless 15
the person is pardoned of the treason offence; or 16
(b) for 10 years after the person is convicted of an electoral 17
offence; or 18
(c) for 7 years after the person is convicted of a bribery 19
offence; or 20
(d) for 4 years after the person is convicted of an integrity 21
offence; or 22
(e) for the remainder of the term before the next 23
quadrennial elections, if the person-- 24
(i) has been dismissed as a councillor under section 25
122 or 123; or 26
(ii) stops being a councillor under subsection (6). 27
(2) A treason offence is an offence of treason, sedition or 28
sabotage under the law of Queensland, another State or the 29
Commonwealth. 30
Page 136
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 153]
(3) An electoral offence is-- 1
(a) a disqualifying electoral offence under the Electoral 2
Act; or 3
(b) an offence that would be a disqualifying electoral 4
offence had the conviction been recorded after the 5
commencement of the Electoral and Other Acts 6
Amendment Act 2002. 7
(4) A bribery offence is an offence against-- 8
(a) section 98C of the Criminal Code; or 9
(b) a corresponding law of another State or the 10
Commonwealth; or 11
(c) another offence prescribed under a regulation. 12
(5) An integrity offence is an offence against-- 13
(a) section 171, 172, 173, 174, 237; or 14
(b) section 98B, 98E or 98G(a) or (b) of the Criminal Code; 15
or 16
(c) another offence prescribed under a regulation. 17
(6) A person automatically stops being a councillor when the 18
person is convicted of-- 19
(a) a treason offence; or 20
(b) an electoral offence; or 21
(c) a bribery offence; or 22
(d) an integrity offence. 23
(7) A person is taken to have been convicted of an offence-- 24
(a) if the person appeals the conviction--when the appeal is 25
dismissed, struck out or discontinued; or 26
(b) if the person does not appeal the conviction--at the end 27
of the time within which an appeal must by law be 28
started. 29
Page 137
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 154]
154 Disqualification of prisoners 1
(1) A person can not be a councillor while the person is a 2
prisoner. 3
(2) A prisoner is a person who-- 4
(a) is serving a period of imprisonment; or 5
(b) is liable to serve a period of imprisonment, even though 6
the person has been released from imprisonment (on 7
parole or leave of absence, for example). 8
(3) A person automatically stops being a councillor when the 9
person becomes a prisoner. 10
155 Disqualification because of other high office 11
(1) A person can not be a councillor while the person is a 12
government member. 13
(2) A government member is-- 14
(a) a member of a Parliament of the Commonwealth or a 15
State (including Queensland); or 16
(b) a councillor of a local government of another State. 17
(3) A person automatically stops being a councillor when the 18
person becomes-- 19
(a) a government member; or 20
(b) a candidate for election as a member of the Legislative 21
Assembly; or 22
(c) a type of person prescribed under a regulation. 23
156 Disqualification during bankruptcy 24
(1) A person can not be a councillor while the person is a 25
bankrupt. 26
(2) A person is a bankrupt if, under a bankruptcy law-- 27
(a) the person is an undischarged bankrupt; or 28
Page 138
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 157]
(b) the person has executed a deed of arrangement, and the 1
terms of the deed have not been fully complied with; or 2
(c) the person's creditors have accepted a composition, and 3
a final payment has not been made under the 4
composition. 5
(3) A bankruptcy law is-- 6
(a) the Bankruptcy Act 1966 (Cwlth); or 7
(b) a corresponding law of another jurisdiction, including a 8
jurisdiction outside Australia. 9
(4) A person automatically stops being a councillor when the 10
person becomes a bankrupt. 11
157 Judicial review of qualifications 12
(1) Any person who is entitled to vote in a local government 13
election may apply for a judicial review of the eligibility, or 14
continued eligibility, of a person to be a councillor on the 15
basis that the person is disqualified under this division. 16
(2) This section does not limit the Judicial Review Act. 17
158 Acting as councillor without authority 18
A person must not act as a councillor if the person knows 19
that-- 20
(a) the person is not qualified to be a councillor; or 21
(b) the person's office as a councillor has been vacated. 22
Maximum penalty--85 penalty units. 23
Division 2 Councillor's term of office 24
159 When a councillor's term starts 25
A councillor's term starts on-- 26
Page 139
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 160]
(a) if the councillor is elected--the day after the conclusion 1
of the councillor's election; or 2
(b) if the councillor is appointed--the day on which the 3
councillor is appointed. 4
160 When a councillor's term ends 5
A councillor's term ends-- 6
(a) if the councillor is elected at a quadrennial election or at 7
a fresh election--at the conclusion of the next 8
quadrennial election; or 9
(b) if the councillor is elected at a fresh election and a 10
declaration is also made under a regulation--at the 11
conclusion of the quadrennial election after the next 12
quadrennial election; or 13
(c) if the councillor is elected or appointed to fill a vacancy 14
in the office of another councillor--at the end of the 15
other councillor's term; or 16
(d) when the Legislative Assembly ratifies the dissolution 17
of the local government under section 123; or 18
(e) when the councillor's office becomes otherwise vacant. 19
Note-- 20
See section 162 for an explanation of when this happens. 21
Division 3 Vacancies in councillor's office 22
161 What this division is about 23
(1) This division is about when a councillor's office becomes 24
vacant, and the way in which the vacancy is to be filled. 25
(2) The way in which a vacancy is to be filled depends on-- 26
(a) whether the vacancy is in the office of the mayor or of 27
another councillor; and 28
Page 140
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 162]
(b) if the vacancy is in the office of another 1
councillor--whether the office becomes vacant during 2
the beginning, middle or end of the local government's 3
term. 4
(3) The beginning of the local government's term is the period of 5
12 months that-- 6
(a) starts on the day when the last quadrennial elections 7
were held; and 8
(b) ends on the day before the first anniversary of the last 9
quadrennial elections. 10
(4) The middle of the local government's term is the period of 18 11
months that-- 12
(a) starts on the first anniversary of the last quadrennial 13
elections; and 14
(b) ends on the day before the final part of the local 15
government's term starts. 16
(5) The final part of the local government's term is the period 17
that-- 18
(a) starts 30 months after the last quadrennial elections 19
were held; and 20
(b) ends on the day before the next quadrennial elections are 21
held. 22
162 When a councillor's office becomes vacant 23
(1) A councillor's office becomes vacant if the councillor-- 24
(a) is dismissed; or 25
(b) ceases to be qualified to be a councillor under division 26
1; or 27
(c) is found, on a judicial review, to be ineligible to 28
continue to be a councillor; or 29
(d) does not comply with section 169; or 30
Page 141
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 163]
(e) is absent, without the local government's leave, from 2 1
or more consecutive ordinary meetings of the local 2
government over at least 2 months; or 3
(f) resigns as a councillor by signed notice of resignation 4
given to the chief executive officer; or 5
(g) dies; or 6
(h) becomes a local government employee. 7
(2) A local government employee does not include-- 8
(a) a person employed under a federally funded community 9
development project for Aborigines or Torres Strait 10
Islanders; or 11
(b) a person prescribed under a regulation. 12
163 When a vacancy in an office must be filled 13
(1) This section explains when a vacant office of a councillor 14
(including the mayor) must be filled. 15
(2) If a councillor's office becomes vacant 6 months or more 16
before quadrennial elections are required to be held, the local 17
government must fill the vacant office. 18
(3) The local government must fill the vacant office within 2 19
months after the office becomes vacant. 20
(4) If the local government does not do so, the Governor in 21
Council may appoint a qualified person to fill the vacant 22
office. 23
(5) If a councillor's office becomes vacant within 6 months of 24
when quadrennial elections are required to be held, the local 25
government may decide not to fill the vacant office. 26
Page 142
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 164]
164 Filling a vacancy in the office of mayor 1
(1) This section applies if the local government is to fill a vacant 2
office of a mayor. 3
(2) The vacant office must be filled by a by-election. 4
165 Acting mayor 5
(1) The deputy mayor acts for the mayor during-- 6
(a) the absence or temporary incapacity of the mayor; or 7
(b) a vacancy in the office of mayor. 8
(2) If-- 9
(a) the office of mayor is vacant and the deputy mayor is 10
prevented, by absence or temporary incapacity, from 11
acting as the mayor; or 12
(b) the mayor and deputy mayor are both prevented, by 13
absence or temporary incapacity, from performing the 14
role of mayor; or 15
(c) the offices of both the mayor and deputy mayor are 16
vacant; 17
the local government may, by resolution, appoint an acting 18
mayor from its councillors. 19
(3) A local government may, by resolution, declare that the office 20
of deputy mayor is vacant. 21
(4) The resolution may be passed only if written notice of the 22
resolution has been given to the councillors at least 14 days 23
before the meeting. 24
(5) If a local government declares that the office of deputy mayor 25
is vacant, it must immediately appoint another deputy mayor 26
from its councillors. 27
Page 143
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 166]
166 Filling a vacancy in the office of another councillor 1
(1) This section applies if the local government is to fill a vacant 2
office of a councillor (the former councillor) who is not the 3
mayor. 4
(2) If the office becomes vacant during the beginning of the local 5
government's term, the local government must fill the vacant 6
office by either-- 7
(a) a by-election; or 8
(b) appointing the runner-up in the last election. 9
(3) The runner-up in the last election is the person who would 10
have been elected if the former councillor had not won the last 11
quadrennial election. 12
(4) If the office becomes vacant during the middle of the local 13
government's term, the vacant office must be filled by a 14
by-election. 15
(5) If the office becomes vacant during the final part of the local 16
government's term, the vacant office must be filled by 17
appointing a person who is-- 18
(a) qualified to be a councillor; and 19
(b) if the former councillor was elected or appointed to 20
office as a political party's nominee--the political 21
party's nominee. 22
(6) If the person who is to be appointed must be the political 23
party's nominee, the chief executive officer must request the 24
political party to advise the full name and address of its 25
nominee. 26
(7) The request must be made by a written notice given to the 27
political party's registered officer, within 14 days after the 28
office becomes vacant. 29
(8) If the person who is to be appointed need not be a political 30
party's nominee, the chief executive officer must, within 14 31
days after the office becomes vacant, invite nominations 32
from-- 33
Page 144
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 167]
(a) any person who is qualified to be a councillor, by 1
written notice published-- 2
(i) in a newspaper that is circulating generally in the 3
local government area; and 4
(ii) on the local government's website; and 5
(b) each person who was a candidate for the office of the 6
former councillor at the last quadrennial election, by 7
written notice. 8
(9) If the chief executive officer receives any nominations from 9
qualified persons or candidates, the local government must fill 10
the vacant office by appointing one of those persons or 11
candidates. 12
Division 4 Councillors with other jobs 13
167 Councillors and local government jobs 14
(1) If a person becomes a councillor while the person is a local 15
government employee, the person is taken to have resigned as 16
a local government employee on the day before the person 17
becomes a councillor. 18
(2) A local government employee includes an employee of a type 19
of entity prescribed under a regulation. 20
(3) However, a local government employee does not include a 21
person who-- 22
(a) is employed under a federally funded community 23
development project for Aborigines or Torres Strait 24
Islanders; or 25
(b) is a member of a class of employees that is prescribed 26
under a regulation. 27
Page 145
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 168]
168 Senior councillors and full-time government jobs 1
(1) A person can not be a senior councillor and have a full-time 2
government job at the same time. 3
(2) A senior councillor is-- 4
(a) a councillor of a local government with a remuneration 5
category of 5 or higher; or 6
(b) the mayor of a local government with a remuneration 7
category of 3 or 4; or 8
(c) a councillor of another local government that is 9
prescribed under a regulation. 10
(3) A person has a full-time government job if-- 11
(a) the person holds a full-time appointment with a 12
government entity or the parliamentary service; and 13
(b) the person or someone else (including a family member, 14
for example) is entitled to a reward because the person 15
has the job. 16
(4) However, subsection (1) does not apply if-- 17
(a) the senior councillor, before accepting the full-time 18
government job-- 19
(i) signs a waiver that irrevocably waives the 20
entitlement to the reward; and 21
(ii) gives a copy of the waiver to the mayor or, if the 22
senior councillor is the mayor, to the chief 23
executive officer; or 24
(b) an Act expressly requires or allows the senior councillor 25
to have the full-time government job (including by 26
requiring the senior councillor to be a member of a 27
board or tribunal, for example). 28
(5) If a senior councillor purports to accept an appointment in 29
contravention of subsection (1), the appointment is void. 30
(6) If a person becomes a senior councillor while the person has a 31
full-time government job, the person is taken to have resigned 32
Page 146
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 169]
from the full-time government job on the day before the 1
person became a senior councillor. 2
(7) This section does not stop a senior councillor from-- 3
(a) having a part-time government job; or 4
(b) converting a full-time government job to a part-time 5
government job, before the person becomes a senior 6
councillor. 7
(8) If a full-time government job is converted to a part-time 8
government job, the senior councillor is entitled to all existing 9
and accruing rights as if the part-time government job were a 10
continuation of the full-time government job. 11
Division 5 Obligations of councillors 12
169 Obligations of councillors before acting in office 13
(1) A councillor must not act in office until the councillor makes 14
the declaration of office. 15
(2) The declaration of office is a declaration prescribed under a 16
regulation. 17
(3) The chief executive officer is authorised to take the 18
declaration of office. 19
(4) The chief executive officer must keep a record of the taking of 20
the declaration of office. 21
(5) A person ceases to be a councillor if the person does not 22
comply with subsection (1) within-- 23
(a) 1 month after being appointed or elected; or 24
(b) a longer period allowed by the Minister. 25
170 Mayor only to give directions to local government staff 26
(1) The mayor may give a direction to the chief executive officer. 27
Page 147
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 171]
Note-- 1
See section 261 for the prohibition on the mayor delegating this power. 2
(2) However, no other councillor may give a direction to the chief 3
executive officer. 4
(3) No councillor, including the mayor, may give a direction to 5
any other local government employee. 6
(4) The chief executive officer may make guidelines about the 7
way in which a councillor is to ask a senior local government 8
employee for advice to help the councillor to make a decision. 9
171 Use of information by councillors 10
(1) A person who is, or has been, a councillor must not use 11
information that was acquired as a councillor in order to-- 12
(a) gain, directly or indirectly, a financial advantage for the 13
person or someone else; or 14
(b) harm the local government. 15
(2) A person who is, or has been, a councillor must not release 16
information that the person knows, or should reasonably 17
know, is information that is confidential to the local 18
government. 19
Maximum penalty--100 penalty units or 2 years 20
imprisonment. 21
172 Councillor's material personal interest at a meeting 22
(1) This section applies if-- 23
(a) a matter is to be considered at a meeting of a local 24
government, or any of its committees; and 25
(b) the matter is not an ordinary business matter; and 26
(c) a councillor has a material personal interest in the 27
matter. 28
Page 148
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 172]
Note-- 1
See the dictionary for the definition of an ordinary business matter. 2
(2) A councillor has a material personal interest in the matter if 3
any of the following persons stands to gain a benefit, or suffer 4
a loss, (either directly or indirectly) depending on the outcome 5
of the consideration of the matter at the meeting-- 6
(a) the councillor; 7
(b) a spouse of the councillor; 8
(c) a member of the councillor's household; 9
(d) a partner of the councillor; 10
(e) an employer (other than a government entity) of the 11
councillor; 12
(f) an entity (other than a government entity) of which the 13
councillor or the person's nominee is a member; 14
(g) another person prescribed under a regulation. 15
(3) The councillor must-- 16
(a) inform the meeting of the councillor's material personal 17
interest in the matter; and 18
(b) leave the meeting room (including any area set aside for 19
the public), and stay out of the meeting room while the 20
matter is being considered and voted on. 21
Maximum penalty-- 22
(a) if the councillor votes on the matter with an intention to 23
gain a benefit, or avoid a loss, for the councillor or 24
someone else--200 penalty units or 2 years 25
imprisonment; or 26
(b) otherwise--85 penalty units. 27
(4) Also, if the councillor is unsure whether the councillor's 28
interest in the matter is a material personal interest, the 29
councillor must inform the meeting of the councillor's interest 30
in the matter. 31
Page 149
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 173]
(5) If the other persons who are entitled to vote at the meeting are 1
informed about a councillor's interest in a matter, by the 2
councillor or someone one else, the other persons must-- 3
(a) decide whether the councillor's interest in the matter is a 4
material personal interest; and 5
(b) if the other persons decide that the councillor's interest 6
in the matter is a material personal interest--direct the 7
councillor to leave the meeting room (including any area 8
set aside for the public), and stay out of the meeting 9
room while the matter is being considered and voted on. 10
(6) The councillor must comply with the decision, unless the 11
councillor has a reasonable excuse. 12
Maximum penalty--100 penalty units. 13
(7) The following information must be recorded in the minutes of 14
the meeting, and on the local government's website-- 15
(a) the name of the councillor who has the material personal 16
interest, or possible material personal interest, in a 17
matter; 18
(b) the nature of the material personal interest, or possible 19
material personal interest, as described by the 20
councillor. 21
173 Councillor's conflict of interest at a meeting 22
(1) This section applies if-- 23
(a) a matter is to be considered at a meeting of a local 24
government, or any of its committees; and 25
(b) a councillor has a conflict of interest, or could 26
reasonably be taken to have a conflict of interest, in the 27
matter. 28
(2) The councillor must inform the meeting about the councillor's 29
interest in the matter. 30
Maximum penalty--100 penalty units. 31
Page 150
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 173]
(3) A conflict of interest is a conflict between-- 1
(a) a councillor's personal interests (including personal 2
interests arising from the councillor's relationships or 3
club memberships, for example); and 4
(b) the public interest; 5
that might lead to a decision that is contrary to the public 6
interest. 7
(4) If the other persons who are entitled to vote at the meeting are 8
informed about a councillor's interest in a matter, by the 9
councillor or someone else, the other persons must-- 10
(a) decide whether the councillor has a conflict of interest, 11
or could reasonably be taken to have a conflict of 12
interest, in the matter; and 13
(b) if the other persons decide that is the case--direct the 14
councillor to leave the meeting room (including any area 15
set aside for the public), and stay out of the meeting 16
room while the matter is being considered and voted on. 17
(5) The councillor must comply with the decision, unless the 18
councillor has a reasonable excuse. 19
Maximum penalty--100 penalty units. 20
(6) The following must be recorded in the minutes of the meeting, 21
and on the local government's website-- 22
(a) the name of the councillor who has a conflict of interest, 23
or could reasonably be taken to have a conflict of 24
interest; 25
(b) the nature of the interest, as described by the councillor; 26
(c) if the majority of persons who were entitled to vote at 27
the meeting decided that there was no conflict of 28
interest--how the councillor voted on the matter; 29
(d) how the majority of persons who were entitled to vote at 30
the meeting voted on the matter. 31
Page 151
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 174]
174 Duty to report another councillor's material personal 1
interest, conflict of interest or misconduct 2
(1) This section applies if a councillor knows, or suspects on 3
reasonable grounds, that another councillor has-- 4
(a) a material personal interest, or conflict of interest, in a 5
matter before the local government; or 6
(b) engaged in misconduct. 7
(2) The councillor must, as soon as is practicable, report to-- 8
(a) for a material personal interest or conflict of interest-- 9
(i) if the material personal interest or conflict of 10
interest arises at a meeting of a local government, 11
or any of its committees--the person who is 12
presiding over the meeting; or 13
(ii) otherwise--the chief executive officer; or 14
(b) for misconduct--the chief executive officer. 15
Maximum penalty--35 penalty units. 16
(3) A person commits an offence if the person-- 17
(a) prejudices, or threatens to prejudice, the safety or career 18
of another person because that other person or someone 19
else complied with subsection (2); or 20
(b) intimidates or harasses, or threatens to intimidate or 21
harass, another person because that other person or 22
someone else complied with subsection (2); or 23
(c) takes any action that is, or is likely to be, detrimental to 24
another person because that other person or someone 25
else complied with subsection (2). 26
Maximum penalty--100 penalty units or 2 years 27
imprisonment. 28
Page 152
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 175]
175 Post-election meetings 1
(1) A local government must hold a meeting within 14 days 2
after-- 3
(a) the conclusion of each quadrennial election; and 4
(b) the conclusion of a fresh election of its councillors. 5
(2) The local government must, by resolution, appoint a deputy 6
mayor from its councillors-- 7
(a) at that meeting; and 8
(b) at the first meeting after the office of the councillor who 9
is the deputy mayor becomes vacant. 10
Division 6 Conduct and performance of 11
councillors 12
176 What this division is about 13
(1) This division is about dealing with complaints about the 14
conduct and performance of councillors, to ensure that-- 15
(a) appropriate standards of conduct and performance are 16
maintained; and 17
(b) a councillor who engages in misconduct is disciplined. 18
(2) A councillor includes a person who is no longer a councillor 19
but who was a councillor when the misconduct is alleged to 20
have happened. 21
(3) Misconduct is conduct, or a conspiracy or attempt to engage 22
in conduct, of or by a councillor-- 23
(a) that adversely affects, or could adversely affect, (either 24
directly or indirectly) the honest and impartial 25
performance of the councillor's responsibilities or 26
exercise of the councillor's powers; or 27
(b) that is or involves-- 28
Page 153
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 176]
(i) the performance of the councillor's 1
responsibilities, or the exercise of the councillor's 2
powers, in a way that is not honest or is not 3
impartial; or 4
(ii) a breach of the trust placed in the councillor; or 5
(iii) a misuse of information or material acquired in or 6
in connection with the performance of the 7
councillor's responsibilities, whether the misuse is 8
for the benefit of the councillor or someone else; or 9
(c) repeated inappropriate conduct that is referred to the 10
department's chief executive as misconduct under 11
section 181. 12
(4) Inappropriate conduct is conduct that is not appropriate 13
conduct for a representative of a local government, but is not 14
misconduct, including for example-- 15
(a) a councillor failing to comply with the local 16
government's procedures; or 17
(b) a councillor behaving in an offensive or disorderly way 18
in a meeting of the local government or any of its 19
committees. 20
(5) It is irrelevant whether the conduct that constitutes 21
misconduct, or inappropriate conduct, was engaged in-- 22
(a) within Queensland or elsewhere; or 23
(b) when the councillor was not exercising the 24
responsibilities of a councillor. 25
(6) In summary, the process for reviewing complaints of 26
misconduct by councillors is as follows-- 27
· assessing complaints--the chief executive officer 28
assesses each complaint of misconduct, and refers all 29
complaints of misconduct that are not frivolous or 30
vexatious to the department's chief executive 31
Page 154
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 177]
· notifying councillor of the hearing of a complaint of 1
misconduct--the department's chief executive notifies 2
the councillor about the hearing of the complaint 3
· hearing and deciding complaints--the regional conduct 4
review panel or tribunal hears the complaint and decides 5
whether or not the councillor engaged in misconduct, 6
and if so, what is the appropriate disciplinary action 7
· taking disciplinary action--disciplinary action is taken 8
against a councillor who has engaged in misconduct, by 9
the regional conduct review panel, the tribunal or the 10
Minister, depending on the severity of the misconduct. 11
(7) A regional conduct review panel is a body, created under this 12
Act, that is responsible for hearing and deciding a complaint 13
of misconduct by a councillor. 14
Note-- 15
See chapter 6, part 4 for more information about the creation of a 16
regional conduct review panel. 17
(8) The tribunal is a body, created under this Act, that is 18
responsible (amongst other things) for hearing and deciding 19
the most serious complaints of misconduct by a councillor. 20
Note-- 21
See chapter 6, part 3 for more information about the creation of the 22
tribunal, and section 183 for the tribunal's other responsibilities. 23
(9) To remove any doubt, a councillor may be dealt with for an 24
act or omission that constitutes misconduct under this Act, 25
and also dealt with for the same act or omission-- 26
(a) as the commission of an offence; or 27
(b) under the Crime and Misconduct Commission Act. 28
177 Assessing complaints 29
(1) This section applies if a local government, or the department's 30
chief executive, makes or receives a complaint about the 31
conduct or performance of a councillor. 32
Page 155
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 177]
(2) The local government or department's chief executive must 1
give written notice of the complaint to the chief executive 2
officer. 3
(3) The chief executive officer must assess each complaint to 4
decide whether the complaint-- 5
(a) is about a frivolous matter or was made vexatiously; or 6
(b) is about inappropriate conduct, misconduct, official 7
misconduct or another matter (including a general 8
complaint against the local government, for example). 9
(4) If the chief executive officer assesses that the complaint is 10
about a frivolous matter or was made vexatiously, the chief 11
executive officer may decide that no further action be taken in 12
relation to the complaint. 13
(5) If the chief executive officer assesses that the complaint is 14
about inappropriate conduct, the chief executive officer 15
must-- 16
(a) if the complaint is about conduct of the mayor--refer 17
the complaint to the deputy mayor; or 18
(b) if the complaint is about conduct of another 19
councillor--refer the complaint to the mayor. 20
(6) If the chief executive officer assesses that the complaint is 21
about misconduct, the chief executive officer must refer the 22
complaint to the department's chief executive. 23
(7) If the chief executive officer assesses that the complaint is 24
about official misconduct, the chief executive officer must 25
deal with the complaint in accordance with the Crime and 26
Misconduct Act. 27
(8) If the chief executive officer assesses that the complaint is 28
about another matter, the chief executive officer must deal 29
with the complaint in an appropriate way. 30
(9) The chief executive officer must give the entity who made the 31
complaint, and the accused councillor, a written notice that 32
states-- 33
Page 156
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 178]
(a) the type of complaint that the chief executive officer has 1
assessed the complaint as; and 2
(b) the action (if any) that is proposed to be taken in relation 3
to the complaint; and 4
(c) if the complaint was about a frivolous matter or was 5
made vexatiously--that it is an offence for a person to 6
make a complaint that is substantially about a matter 7
that the chief executive officer has assessed as being 8
frivolous or vexatious. 9
(10) A person must not make a complaint about the misconduct of 10
a councillor if-- 11
(a) the complaint is substantially the same as a complaint 12
that the person has previously made; and 13
(b) the chief executive officer has given the person a notice 14
that complies with subsection (9). 15
Maximum penalty--10 penalty units. 16
(11) The chief executive officer must keep a record of-- 17
(a) all written complaints received by the chief executive 18
officer; and 19
(b) all action (including disciplinary action) that is taken in 20
relation to the complaint. 21
(12) The chief executive must ensure that the public may inspect 22
the record-- 23
(a) at the local government's public office; or 24
(b) on the local government's website. 25
178 Notifying councillor of the hearing of a complaint of 26
misconduct 27
(1) This section applies if the chief executive officer refers a 28
complaint to the department's chief executive. 29
Page 157
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 179]
(2) The department's chief executive must give the accused 1
councillor a written notice that informs the councillor about 2
the hearing of the complaint of misconduct. 3
(3) The notice must state-- 4
(a) the misconduct that is alleged to have been engaged in 5
by the councillor; and 6
(b) the time and date when the hearing is to begin; and 7
(c) the place where the complaint is to be heard. 8
(4) The notice must be given to the councillor at least 7 days 9
before the hearing is to begin. 10
(5) If all reasonable attempts to give the notice to the councillor 11
have failed, the notice may be published, at least 7 days before 12
the hearing is to begin-- 13
(a) in a newspaper that is circulating in the local 14
government area; and 15
(b) on the websites of the local government and the 16
department. 17
179 Hearing and deciding complaints 18
(1) This section is about the hearing of a complaint of misconduct 19
by a regional conduct review panel or the tribunal. 20
(2) A regional conduct review panel or the tribunal may hear 21
complaints of misconduct by a number of councillors in the 22
same hearing, unless the defence of any of the councillors 23
may be prejudiced. 24
(3) The hearing must be conducted in the way set out in chapter 7, 25
part 1. 26
(4) The regional conduct review panel or tribunal may decide all 27
or part of the hearing from the documents brought before the 28
regional conduct review panel or tribunal, without the parties 29
or the witnesses appearing, if-- 30
Page 158
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 180]
(a) the regional conduct review panel or tribunal considers 1
it appropriate in all the circumstances; or 2
(b) the parties agree. 3
(5) The standard of proof in the hearing is the balance of 4
probabilities. 5
(6) The regional conduct review panel or tribunal must keep a 6
written record of the hearing, in which it records-- 7
(a) the statements of the councillor and all witnesses; and 8
(b) any reports relating to the councillor that are tendered at 9
the hearing. 10
180 Taking disciplinary action 11
(1) This section applies if, after hearing a complaint of 12
misconduct, the regional conduct review panel or tribunal 13
decides that the councillor engaged in misconduct. 14
(2) The regional conduct review panel may make any 1 or more 15
of the following orders or recommendations that it considers 16
appropriate in view of the circumstances relating to the 17
misconduct-- 18
(a) an order that the councillor be counselled about the 19
misconduct, and how not to repeat the misconduct; 20
(b) an order that the councillor make an admission of error 21
or an apology; 22
(c) an order that the councillor participate in mediation with 23
another person; 24
(d) a recommendation to the department's chief executive to 25
monitor the councillor or the local government for 26
compliance with the Local Government Acts. 27
(3) However, if the regional conduct review panel considers that 28
more serious disciplinary action should be taken, the regional 29
conduct review panel must report the matter to the tribunal for 30
the tribunal to take disciplinary action. 31
Page 159
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 180]
(4) The tribunal may make any order or recommendation that it 1
considers appropriate in view of the circumstances relating to 2
the misconduct. 3
(5) For example, the tribunal may make any 1 or more of the 4
following orders or recommendations-- 5
(a) an order that the councillor be counselled about the 6
misconduct, and how not to repeat the misconduct; 7
(b) an order that the councillor make an admission of error 8
or an apology; 9
(c) an order that the councillor participate in mediation with 10
another person; 11
(d) a recommendation to the department's chief executive to 12
monitor the councillor or the local government for 13
compliance with the Local Government Acts; 14
(e) an order that the councillor forfeit an allowance, benefit, 15
payment or privilege; 16
(f) an order that the councillor reimburse the local 17
government; 18
(g) a recommendation to the Minister that the councillor be 19
suspended for a specified period; 20
(h) a recommendation to the Minister that the councillor be 21
dismissed; 22
(i) a recommendation to the Crime and Misconduct 23
Commission or the Commissioner of Police that the 24
councillor's conduct be further investigated. 25
(6) When deciding what disciplinary action is appropriate in view 26
of the circumstances relating to the misconduct, the regional 27
conduct review panel or tribunal may consider-- 28
(a) any misconduct of the councillor in the past; and 29
(b) any allegation made in the hearing that was admitted, or 30
was not challenged. 31
Page 160
Local Government Bill 2008
Chapter 6 Administration
Part 2 Councillors
[s 181]
(7) However, the regional conduct review panel or tribunal may 1
consider an allegation that was not admitted, or was 2
challenged, only if the regional conduct review panel or 3
tribunal is satisfied that the allegation is true. 4
(8) The degree to which the regional conduct review panel or 5
tribunal must be satisfied depends on the consequences, that 6
are adverse to the councillor, of finding the allegation to be 7
true. 8
181 Inappropriate conduct that is not misconduct 9
(1) This section applies if the chief executive officer refers a 10
complaint to the mayor or deputy mayor. 11
(2) The mayor or deputy mayor may make any 1 or more of the 12
following orders that the mayor or deputy mayor considers 13
appropriate in the circumstances-- 14
(a) if the inappropriate conduct happens in a meeting of the 15
local government or its committees-- 16
(i) an order that the councillor's inappropriate conduct 17
be noted in the minutes of the meeting; or 18
(ii) an order that the councillor leave the meeting room 19
(including any area set aside for the public), and 20
stay out of the meeting room for the rest of the day; 21
or 22
(iii) an order that a councillor who fails to leave the 23
place where a meeting is being held when ordered 24
to do so, be removed from the place; 25
(b) an order reprimanding the councillor for the 26
inappropriate conduct; 27
(c) an order that any repeat of the inappropriate conduct be 28
referred to the department's chief executive as 29
misconduct. 30
Page 161
Local Government Bill 2008
Chapter 6 Administration
Part 3 The tribunal
[s 182]
182 Department's chief executive is public official for CMC 1
Act 2
(1) A local government is a unit of public administration for the 3
Crime and Misconduct Act. 4
(2) For any complaint of, or information or matter involving, 5
misconduct by a councillor, a reference to a public official in 6
the Crime and Misconduct Act, section 46(2), is taken to be a 7
reference to the department's chief executive. 8
Part 3 The tribunal 9
183 Continuation of the tribunal 10
(1) The Local Government Remuneration Tribunal established 11
under the 1993 Act is continued as the Local Government 12
Remuneration and Discipline Tribunal (the tribunal) under 13
this Act. 14
(2) As well as the responsibilities mentioned in section 176, the 15
tribunal is responsible for-- 16
(a) establishing the categories of local governments; and 17
(b) deciding which category each local government belongs 18
to; and 19
(c) deciding the remuneration that is payable to the 20
councillors in each of those categories; and 21
(d) any other functions that the Minister directs the tribunal 22
to perform. 23
184 Members of tribunal 24
(1) The tribunal is made up of 3 qualified persons who are 25
appointed by the Governor in Council. 26
(2) A person is qualified to be a member only if the person-- 27
Page 162
Local Government Bill 2008
Chapter 6 Administration
Part 3 The tribunal
[s 184]
(a) has extensive knowledge of, and experience in, 1 or 1
more of the following-- 2
(i) local government; 3
(ii) community affairs; 4
(iii) industrial relations; 5
(iv) investigations; 6
(v) law; 7
(vi) public administration; 8
(vii) public sector ethics; 9
(viii) public finance; or 10
(b) has other knowledge and experience that the Governor 11
in Council considers appropriate. 12
(3) However, a person is not qualified to be a member of the 13
tribunal if the person is-- 14
(a) a councillor of a local government; or 15
(b) an employee of a local government; or 16
(c) a contractor of a local government; or 17
(d) a consultant engaged by a local government; or 18
(e) an insolvent under administration (within the meaning 19
of the Corporations Act, section 9); or 20
(f) a person who has a conviction for an indictable offence 21
that is not an expired conviction; or 22
(g) a type of person prescribed under a regulation. 23
(4) The Governor in Council must appoint 1 of the members to be 24
the chairperson of the tribunal. 25
(5) A member may be appointed for not longer than 4 years. 26
(6) However, a member may be reappointed. 27
(7) A person stops being a member if the person-- 28
(a) completes a term of office but is not reappointed; or 29
Page 163
Local Government Bill 2008
Chapter 6 Administration
Part 3 The tribunal
[s 185]
(b) resigns by signed notice of resignation given to the 1
department's chief executive; or 2
(c) is removed as a member by the Governor in Council for 3
misbehaviour or physical or mental incapacity; or 4
(d) is not qualified to be a member under subsection (3). 5
185 Remuneration and appointment conditions of members 6
(1) A member of the tribunal is entitled to be paid the 7
remuneration and allowances decided by the Governor in 8
Council. 9
(2) A member of the tribunal holds office on the other conditions 10
that the Governor in Council decides. 11
(3) If a commissioner under the Industrial Relations Act is 12
appointed as a member, the person is not entitled to any 13
remuneration or allowances in addition to the person's salary 14
or allowances as a commissioner. 15
(4) However, the person is entitled to be paid any expenses 16
reasonably incurred by the person in performing the 17
responsibilities of a member. 18
186 Costs of tribunal to be met by local government 19
The local government must pay the costs of the tribunal in 20
relation to a complaint of misconduct of a councillor, 21
including the remuneration, allowances and expenses paid to 22
members of the tribunal. 23
187 Conflict of interests 24
(1) This section applies if a member of the tribunal has any 25
interest that may conflict with a fair and impartial hearing of a 26
complaint made against an accused councillor. 27
(2) The member must not take part, or take further part, in any 28
consideration of the matter. 29
Page 164
Local Government Bill 2008
Chapter 6 Administration
Part 4 Regional conduct review panels
[s 188]
Maximum penalty--35 penalty units. 1
(3) As soon as practicable after the member becomes aware that 2
this section applies to the member, the member must inform 3
the department's chief executive. 4
Maximum penalty--35 penalty units. 5
188 Assistance from departmental staff 6
The department's chief executive must make available to the 7
tribunal the staff assistance that the tribunal needs to 8
effectively perform its responsibilities. 9
Part 4 Regional conduct review 10
panels 11
189 Appointing members of regional conduct review panels 12
(1) A regional conduct review panel is constituted by at least 3 13
members that the chief executive officer chooses from a pool 14
of members for the region in which the councillor in question 15
resides. 16
(2) The department's chief executive must appoint a pool of 17
members for a regional conduct review panel for the different 18
regions of the State decided by the department's chief 19
executive. 20
(3) A person is qualified to be a member of the pool of members 21
only if the person-- 22
(a) has extensive knowledge of, and experience in, 1 or 23
more of the following-- 24
(i) local government; 25
(ii) community affairs; 26
(iii) investigations; 27
Page 165
Local Government Bill 2008
Chapter 6 Administration
Part 4 Regional conduct review panels
[s 189]
(iv) law; 1
(v) public administration; 2
(vi) public sector ethics; 3
(vii) public finance; or 4
(b) has the other qualifications and experience that the 5
department's chief executive considers appropriate. 6
(4) However, a person is not qualified to be a member of the pool 7
of members if the person-- 8
(a) is a member of an Australian parliament; or 9
(b) is a nominee for election as a member of an Australian 10
parliament; or 11
(c) is a councillor; or 12
(d) is a nominee for election as a councillor; or 13
(e) accepts an appointment as a councillor; or 14
(f) is a member of a political party; or 15
(g) is a local government employee; or 16
(h) has a conviction for an indictable offence that is not an 17
expired conviction. 18
(5) A member may be appointed for not longer than 4 years. 19
(6) However, a member may be reappointed. 20
(7) A person stops being a member if the person-- 21
(a) completes a term of office but is not reappointed; or 22
(b) resigns by signed notice of resignation given to the 23
department's chief executive; or 24
(c) is removed as a member by the department's chief 25
executive for misbehaviour or physical or mental 26
incapacity; or 27
(d) is not qualified to be a member under subsection (4). 28
Page 166
Local Government Bill 2008
Chapter 6 Administration
Part 4 Regional conduct review panels
[s 190]
190 Remuneration and appointment conditions of members 1
(1) A member of a regional conduct review panel is entitled to be 2
paid the remuneration and allowances decided by the 3
department's chief executive. 4
(2) A member of a regional conduct review panel holds office on 5
the other conditions that the department's chief executive 6
decides. 7
191 Costs of regional conduct review panels to be met by 8
local government 9
The local government must pay the costs of a regional conduct 10
review panel in relation to a complaint of misconduct of a 11
councillor, including the remuneration, allowances and 12
expenses paid to members of the regional conduct review 13
panel. 14
192 Conflict of interests 15
(1) This section applies if a member of a regional conduct review 16
panel has any interest that may conflict with a fair and 17
impartial hearing of a complaint made against an accused 18
councillor. 19
(2) The member must not take part, or take further part, in any 20
consideration of the matter. 21
Maximum penalty--35 penalty units. 22
(3) As soon as practicable after the member becomes aware that 23
this section applies to the member, the member must inform 24
the department's chief executive. 25
Maximum penalty for subsection (3)--35 penalty units. 26
193 Assistance from departmental staff 27
The department's chief executive must make available to the 28
regional conduct review panel the staff assistance that the 29
Page 167
Local Government Bill 2008
Chapter 6 Administration
Part 5 The ethics advisory committee
[s 194]
regional conduct review panel needs to effectively perform its 1
responsibilities. 2
Part 5 The ethics advisory committee 3
194 Establishment of the ethics advisory committee 4
(1) The Minister may establish a Local Government Ethics 5
Advisory Committee (the ethics advisory committee) to 6
advise the Minister on ethical matters. 7
(2) The ethics advisory committee is made up of between 2 and 5 8
members. 9
195 Appointing members of ethics advisory committee 10
(1) The members of the ethics advisory committee are to be 11
appointed by the Minister. 12
(2) The Minister must appoint 1 of the members as the 13
chairperson of the ethics advisory committee. 14
(3) A member may be appointed for a term of not longer than 3 15
years. 16
(4) A member holds office on the conditions (including about fees 17
and allowances, for example) that the Minister decides. 18
196 Ending appointment of members of ethics advisory 19
committee 20
The Minister may end the appointment of a member at any 21
time, without giving reasons for ending the appointment. 22
Page 168
Local Government Bill 2008
Chapter 6 Administration
Part 6 Local government employees
[s 197]
Part 6 Local government employees 1
Division 1 Chief executive officer 2
197 Appointing a chief executive officer 3
(1) A local government must appoint a qualified person to be its 4
chief executive officer. 5
(2) A person is qualified to be the chief executive officer if the 6
person has the ability, experience, knowledge and skills that 7
the local government considers appropriate, having regard to 8
the responsibilities of a chief executive officer. 9
(3) A person who is appointed as the chief executive officer must 10
enter into a written contract of employment with the local 11
government. 12
(4) The contract of employment must provide for-- 13
(a) the chief executive officer to meet performance 14
standards set by the local government; and 15
(b) the chief executive officers's conditions of employment 16
(including remuneration). 17
198 Appointing an acting chief executive officer 18
A local government may appoint a qualified person to act as 19
the chief executive officer during-- 20
(a) any vacancy, or all vacancies, in the position; or 21
(b) any period, or all periods, when the chief executive 22
officer is absent from duty or can not, for another 23
reason, perform the chief executive officer's 24
responsibilities. 25
Page 169
Local Government Bill 2008
Chapter 6 Administration
Part 6 Local government employees
[s 199]
Division 2 Other local government employees 1
199 Appointing other local government employees 2
(1) A local government must, by resolution, adopt a staff structure 3
that is appropriate to the performance of the local 4
government's responsibilities. 5
(2) The local government may employ local government 6
employees for the performance of the local government's 7
responsibilities. 8
(3) The chief executive officer must appoint the local government 9
employees. 10
(4) A local government employee is employed on-- 11
(a) the conditions contained in any relevant industrial 12
instrument; and 13
(b) any other conditions that the local government decides. 14
200 Disciplinary action against local government employees 15
(1) The chief executive officer is the only person who may take 16
disciplinary action against a local government employee. 17
(2) If the chief executive officer takes disciplinary action against a 18
local government employee, the local government employee 19
may appeal against the decision to the entity prescribed under 20
a regulation. 21
Division 3 Common provisions 22
201 Concurrent employment of local government employees 23
(1) This section applies to all local government employees, 24
including the chief executive officer. 25
Page 170
Local Government Bill 2008
Chapter 6 Administration
Part 6 Local government employees
[s 202]
(2) A local government employee may be employed by more than 1
1 local government at the same time, if each of the local 2
governments agree. 3
202 Improper conduct by local government employees 4
(1) This section applies to all local government employees, 5
including the chief executive officer. 6
(2) A local government employee includes-- 7
(a) an employee of a corporate entity; and 8
(b) a contractor of the local government; and 9
(c) a type of person prescribed under a regulation. 10
(3) A local government employee must not ask for, or accept, a 11
fee or other benefit (other than remuneration paid by the local 12
government) for doing something as a local government 13
employee. 14
Maximum penalty-- 15
(a) for an employee of a corporate entity--500 penalty units 16
or 5 years imprisonment; and 17
(b) for any other local government employee--100 penalty 18
units or 2 years imprisonment. 19
(4) A local government employee must not unlawfully destroy or 20
damage property of the local government. 21
Maximum penalty--100 penalty units or 2 years 22
imprisonment. 23
203 Improper use of information by local government 24
employees 25
(1) This section applies to all local government employees, 26
including the chief executive officer. 27
(2) A local government employee includes-- 28
(a) an employee of a corporate entity; and 29
Page 171
Local Government Bill 2008
Chapter 6 Administration
Part 6 Local government employees
[s 203]
(b) a contractor of the local government; and 1
(c) a type of person prescribed under a regulation. 2
(3) A person who is, or has been, a local government employee 3
must not make improper use of information acquired as a 4
local government employee-- 5
(a) to gain (directly or indirectly) an advantage for the 6
person or someone else; or 7
(b) to cause detriment to the local government. 8
Maximum penalty-- 9
(a) for an employee of a corporate entity--500 penalty units 10
or 5 years imprisonment; or 11
(b) for any other local government employee--100 penalty 12
units or 2 years imprisonment. 13
(4) A local government includes a corporate entity of the local 14
government. 15
(5) If an employee of a corporate entity contravenes subsection 16
(3), the corporate entity may recover from the employee, as a 17
debt due to the corporate entity-- 18
(a) if anyone made a profit because of the 19
contravention--an amount equal to the profit; and 20
(b) if the corporate entity suffered loss or damage because 21
of the contravention--an amount equal to the loss or 22
damage. 23
(6) The amount may be recovered from the employee whether or 24
not the employee has been convicted of an offence in relation 25
to the contravention. 26
(7) Subsection (5) applies in addition to, and does not limit, the 27
Criminal Proceeds Confiscation Act 2002. 28
(8) A person who is, or has been, a local government employee 29
must not release information that the person knows, or should 30
reasonably know, is information that-- 31
(a) is confidential to the local government; and 32
Page 172
Local Government Bill 2008
Chapter 6 Administration
Part 7 Authorised persons
[s 204]
(b) the local government wishes to keep confidential. 1
Maximum penalty-- 2
(a) for an employee of a corporate entity--500 penalty units 3
or 5 years imprisonment; or 4
(b) for any other local government employee--100 penalty 5
units or 2 years imprisonment. 6
204 Annual report must detail remuneration 7
The annual report of a local government must detail the 8
remuneration payable, in the year to which the annual report 9
relates, to-- 10
(a) the chief executive officer; and 11
(b) any other local government employee who is employed 12
on a contractual basis. 13
Part 7 Authorised persons 14
205 Appointing authorised persons 15
(1) A local government may appoint a qualified person to be an 16
authorised person. 17
(2) A person is qualified to be an authorised person if the 18
person-- 19
(a) has the competencies-- 20
(i) that the local government considers is necessary to 21
perform the responsibilities that are required to be 22
performed by the authorised person; or 23
(ii) prescribed under a regulation; and 24
(b) is either-- 25
Page 173
Local Government Bill 2008
Chapter 6 Administration
Part 7 Authorised persons
[s 206]
(i) an employee of the local government; or 1
(ii) another type of person prescribed under a 2
regulation. 3
(3) The appointment of an authorised person must state the 4
provisions of this Act for which the authorised person is 5
appointed. 6
(4) An authorised person's appointment is subject to the 7
conditions stated in-- 8
(a) the document that appoints the authorised person; or 9
(b) a written notice given to the authorised person by the 10
local government; or 11
(c) a regulation. 12
206 End of appointment of authorised persons 13
(1) A person stops being an authorised person-- 14
(a) at the end of the term of appointment stated in the 15
document that appointed the authorised person; or 16
(b) if the authorised person gives the local government a 17
signed notice of resignation; or 18
(c) if it is a condition of the authorised person's 19
appointment that the authorised person hold another 20
position at the same time--if the authorised person 21
stops holding the other position. 22
(2) If it is a condition of the authorised person's appointment that 23
the authorised person hold another position at the same time, a 24
notice of resignation acts as a notice of resignation for both 25
positions. 26
(3) This section does not limit the ways in which an authorised 27
person's appointment ends. 28
Page 174
Local Government Bill 2008
Chapter 6 Administration
Part 8 Interim management
[s 207]
207 Identity card for authorised persons 1
(1) The local government must give each authorised person an 2
identity card. 3
(2) This section does not stop a single identity card being issued 4
to a person for this Act and for another purpose. 5
(3) A person who stops being an authorised person must return 6
the person's identity card to the local government, within 21 7
days after stopping being an authorised person, unless the 8
person has a reasonable excuse. 9
Maximum penalty for subsection (3)--10 penalty units. 10
Part 8 Interim management 11
208 Interim management committee 12
(1) When an interim administrator is appointed for a local 13
government, the Minister may appoint a committee of persons 14
to help the interim administrator to perform the interim 15
administrator's responsibilities. 16
(2) A person may be appointed as a member of a committee for a 17
limited time or indefinitely. 18
(3) The interim administrator is chairperson of the committee and 19
must preside at every meeting of the committee at which the 20
interim administrator is present. 21
(4) If, because of absence or incapacity, the interim administrator 22
can not perform the responsibilities of chairperson of the 23
committee, the other members of the committee must appoint 24
another member to act as chairperson. 25
Page 175
Local Government Bill 2008
Chapter 6 Administration
Part 9 The superannuation board
[s 209]
209 Conditions of appointment as interim administrator or 1
member of committee 2
(1) An interim administrator or a member of a committee is 3
entitled to the fees, allowances and expenses decided by the 4
Governor in Council. 5
(2) The local government must pay the fees, allowances and 6
expenses. 7
(3) An officer of the public service who is appointed as an interim 8
administrator, or as a member of a committee, may hold the 9
appointment as well as the public service office. 10
210 End of appointment of interim management 11
A person stops being an interim administrator, or a member of 12
an interim management committee-- 13
(a) if the person resigns by signed notice of resignation 14
given to the department's chief executive; or 15
(b) if the Governor in Council, for any reason, cancels the 16
person's appointment; or 17
(c) on the conclusion of a fresh election of the councillors 18
of the local government. 19
Part 9 The superannuation board 20
211 Superannuation board 21
(1) The Queensland Local Government Superannuation Board 22
under the 1993 Act (the super board) continues in existence 23
under this Act. 24
(2) The super board-- 25
(a) is a body corporate; and 26
(b) may sue and be sued in its corporate name. 27
Page 176
Local Government Bill 2008
Chapter 6 Administration
Part 9 The superannuation board
[s 212]
212 Board's responsibilities 1
(1) The super board's primary responsibility is to act as the 2
trustee of the LG super scheme. 3
(2) The super board, with the Governor in Council's approval, has 4
the following extra responsibilities-- 5
(a) to manage another superannuation scheme for the 6
scheme's trustee; 7
(b) to act as trustee of a related persons scheme; 8
(c) to establish, and act as trustee of, a related persons 9
scheme. 10
(3) A related persons scheme is a scheme providing 11
superannuation, retirement or other similar benefits for 12
persons (other than eligible members) who-- 13
(a) work for, or provide a service to, a local government; 14
and 15
(b) are prescribed under a regulation as a related person. 16
(4) The super board may delegate its powers to an employee of 17
the super board. 18
213 Board of directors 19
(1) The super board has a board of directors. 20
(2) The board of directors is responsible for how the super board 21
performs its responsibilities. 22
(3) The board of directors must ensure that the super board 23
performs its responsibilities in a proper, effective and efficient 24
way. 25
(4) The board of directors is made up of-- 26
(a) 3 directors appointed on the nomination of the Local 27
Government Association of Queensland Inc. or its 28
successor in law; and 29
Page 177
Local Government Bill 2008
Chapter 7 Other provisions
Part 1 Way to hold a hearing
[s 214]
(b) 3 directors appointed on the nomination of members of 1
the LG super scheme; and 2
(c) if the trust deed provides for the appointment of an 3
additional independent director and an independent 4
director is appointed--the appointed independent 5
director. 6
(5) The directors must be appointed under the rules established to 7
comply with the Commonwealth Super Act. 8
(6) A regulation may change the number of directors that are to 9
be appointed under subsection (4)(a) and (b). 10
214 Seal of the super board 11
(1) The super board has a seal. 12
(2) Judicial notice must be taken of the seal on a document. 13
(3) A document marked with the seal must be presumed to have 14
been properly sealed, unless the contrary is proved. 15
Chapter 7 Other provisions 16
Part 1 Way to hold a hearing 17
215 What this part is about 18
(1) This part sets out the way to hold a hearing under this Act. 19
(2) The person or other entity that is conducting the hearing is 20
called the investigator in this part. 21
216 Procedures at hearing 22
(1) When conducting a hearing, the investigator must-- 23
Page 178
Local Government Bill 2008
Chapter 7 Other provisions
Part 1 Way to hold a hearing
[s 217]
(a) observe natural justice; but 1
(b) act as quickly and informally as is consistent with a fair 2
and proper consideration of the issues raised in the 3
hearing. 4
(2) For example, the investigator may-- 5
(a) act in the absence of a person who has been given 6
reasonable notice of the hearing; or 7
(b) receive evidence by statutory declaration; or 8
(c) refuse to allow a person to be represented by a legal 9
practitioner; or 10
(d) disregard the rules of evidence; or 11
(e) disregard any defect, error, omission or insufficiency in 12
a document; or 13
(f) allow a document to be amended; or 14
(g) adjourn a hearing. 15
(3) However, the investigator must comply with any procedural 16
rules prescribed under a regulation. 17
(4) A hearing is not affected by a change of the members of an 18
entity that is the investigator. 19
217 Witnesses at hearings 20
(1) The investigator may require a person, by giving them a 21
written notice, to attend a hearing as a witness in order to-- 22
(a) give evidence; or 23
(b) produce specified documents. 24
(2) The person must-- 25
(a) attend at the time and place specified in the notice; and 26
(b) continue to attend until excused by the investigator; and 27
(c) take an oath or make an affirmation if required by the 28
investigator; and 29
Page 179
Local Government Bill 2008
Chapter 7 Other provisions
Part 1 Way to hold a hearing
[s 218]
(d) answer a question that the person is required to answer 1
by the investigator, unless the person has a reasonable 2
excuse; and 3
(e) produce a document that the person is required to 4
produce by the investigator, unless the person has a 5
reasonable excuse. 6
Maximum penalty--35 penalty units. 7
(3) A person has a reasonable excuse for failing to answer a 8
question or produce a document if answering the question or 9
producing the document might tend to incriminate the person. 10
(4) A person who attends as a witness is entitled to-- 11
(a) the witness fees that are prescribed under a regulation; 12
or 13
(b) if no witness fees are prescribed, the reasonable witness 14
fees decided by the investigator. 15
218 Contempt at hearing 16
A person must not-- 17
(a) insult the investigator in a hearing; or 18
(b) deliberately interrupt a hearing; or 19
(c) take part in a disturbance in or near a place where the 20
investigator is conducting a hearing; or 21
(d) do anything that would be a contempt of court if the 22
investigator were a court. 23
Maximum penalty--50 penalty units. 24
Page 180
Local Government Bill 2008
Chapter 7 Other provisions
Part 2 Superannuation
[s 219]
Part 2 Superannuation 1
219 What this part is about 2
(1) This part is about superannuation for certain persons who are 3
connected to a local government. 4
(2) In this part, a reference to a local government includes a local 5
government entity. 6
(3) A local government entity is an entity, prescribed under a 7
regulation, that-- 8
(a) under an Act, exercises a power similar to a power that 9
may be exercised by a local government in performing 10
the local government's responsibilities; or 11
(b) under an Act, exclusively performs a responsibility in 12
relation to the system of local government; or 13
(c) exclusively exercises, for a local government, a power 14
that may be exercised by the local government in 15
performing the local government's responsibilities; or 16
(d) helps a local government in the performance of the local 17
government's responsibilities. 18
220 LG super scheme 19
(1) The Local Government Superannuation Scheme under the 20
1993 Act (the LG super scheme) continues in existence under 21
this Act. 22
(2) The super board must make a trust deed that contains-- 23
(a) the rules that govern the operation of the LG super 24
scheme; and 25
(b) the matters that, under the Commonwealth Super Act, 26
are required to be contained in the governing rules of 27
regulated superannuation funds within the meaning of 28
that Act. 29
Page 181
Local Government Bill 2008
Chapter 7 Other provisions
Part 2 Superannuation
[s 221]
221 Members of LG super scheme 1
(1) An employee of a local government (other than a local 2
government entity) is automatically a member of the LG super 3
scheme (an automatic member) while their employment 4
continues. 5
(2) The following persons are eligible to become a member of the 6
LG super scheme (eligible members)-- 7
(a) a councillor of a local government; 8
(b) a contractor of a local government; 9
(c) an employee of a local government entity; 10
(d) a member of the governing body of a local government 11
entity; 12
(e) a person for whom a local government is required under 13
the Superannuation Guarantee (Administration) Act 14
1992 (Cwlth) to contribute to a superannuation scheme; 15
(f) a person for whom the super board is required under the 16
Superannuation Guarantee (Administration) Act 1992 17
(Cwlth) to contribute to a superannuation scheme; 18
(g) a person who is entitled, or conditionally entitled, to 19
payment of an amount from the LG super scheme, in 20
accordance with an agreement or court order made 21
under the Family Law Act 1975 (Cwlth); 22
(h) another type of person prescribed under a regulation; 23
(i) a person-- 24
(i) who was, but is no longer, a member of the LG 25
super scheme because the person was a type of 26
person mentioned in paragraphs (a) to (f) or (h); 27
and 28
(ii) whose benefit under the LG super scheme has not 29
been fully paid out, withdrawn or transferred from 30
the LG super scheme; 31
(j) a person-- 32
Page 182
Local Government Bill 2008
Chapter 7 Other provisions
Part 2 Superannuation
[s 222]
(i) who was, but is no longer an automatic member; 1
and 2
(ii) whose benefit under the LG super scheme has not 3
been fully paid out, withdrawn or transferred from 4
the LG super scheme; 5
(k) the spouse of an automatic member; 6
(l) the spouse of a person mentioned in paragraphs (a) to 7
(h). 8
(3) If a person mentioned in subsection (2)(f) becomes a member 9
of the LG super scheme, this part applies to the super board-- 10
(a) with all necessary changes; and 11
(b) with any changes prescribed under a regulation. 12
222 Compulsory super contributions 13
(1) If the Commonwealth Super Act requires a local government 14
to make superannuation contributions for a permanent 15
employee, the superannuation contributions must be paid into 16
the LG super scheme. 17
(2) An employee of a local government entity is a permanent 18
employee if the local government entity declares the 19
employee to be a permanent employee by a written notice 20
given to the super board. 21
(3) An employee of a local government (other than a local 22
government entity) is a permanent employee if the employee 23
has been continuously employed by the local government, or 24