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1
Local Government Reform Implementation Bill 2007
Local Government Reform
Implementation Bill 2007
Explanatory Notes
Title of the Bill
Local Government Reform Implementation Bill 2007
Introduction
On 19 April 2007, Parliament determined there was a need for structural
reform of local government to create stronger councils with greater
capacity to deliver services and infrastructure to Queensland communities.
The Local Government Reform Commission (the Commission) was
established to undertake a State-wide review (excluding Brisbane City
Council) to address these features of local government in Queensland. The
Commission was directed to review Queensland local government with a
view to facilitating improved governance and service delivery to
Queensland communities over and above current structural arrangements,
and maximising existing regional links to enhance the social,
environmental and economic future of Queensland communities.
Objectives of the Bill
The primary objective of the Bill is to amend the Local Government Act
1993 (LGA) to implement a restructure of Queensland local governments
that improves the sustainability of, and service delivery to, all Queensland
communities. It aims to establish local governments that:
· facilitate optimum service delivery to Queensland communities;
· effectively contribute and participate in Queensland's regional
economies;
· better manage economic, environmental and social planning
consistent with regional communities of interest; and
· effectively partner with other levels of government to ensure
sustainable and viable communities.
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Local Government Reform Implementation Bill 2007
The Bill also gives effect to the recommendations of the Local Government
Reform Commission, published on 27 July 2007.
The final objective of the Bill is to provide for the transition of existing
local governments to new arrangements.
How objectives are achieved
The objective of stronger local governments in Queensland will be
achieved by provisions in the Bill which:
· implement the Local Government Reform Commission's
recommendations for structural reform involving boundary,
class, composition and name changes;
· provide for transition arrangements for local governments,
including Local Transition Committees and Interim Chief
Executive Officers;
· provide for a Local Government Remuneration Tribunal to divest
local councils of the responsibility to determine the remuneration
levels of local government elected officials;
· ensure the Electoral Commission of Queensland will conduct the
2008 quadrennial local government elections;
· provide a Local Government Workforce Transition Code of
Practice to deal with the impacts of local government reform on
council employees and their employment circumstances, in a
sensitive and just manner.
Amendments to the LGA are required to give effect to boundary changes of
local government and provide for the orderly transition of local
governments to new governance arrangements through the transition
provisions. The Bill also increases the accountability and transparency of
local government through the establishment of the Remuneration Tribunal.
Alternative method of achieving the policy objectives
There are no other viable alternatives to amending the LGA that will
achieve the policy objectives.
Estimated cost for Government implementation
A State Government funding package of $36.22 million will support local
government reform to ensure the expected benefits can be realised.
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Local Government Reform Implementation Bill 2007
This will include funding for a number of components including:
· funding to councils to associated with cost of transition;
· funding to councils associated with "an employment framework
for Local Government Reform in Queensland (Staff Support
Package)";
· funding for the Department of Local Government, Planning,
Sport and Recreation to fulfil its role in transition; and
· funding to Local Transition Committees associated with costs of
transition.
Consistency with Fundamental Legislative Principles
The Bill has been drafted with regard to fundamental legislative principles
as defined in section 4 of the Legislative Standards Act 1992.
The Bill does include provisions which depart from the fundamental
legislative principles of the dependency on administrative power and its
review, and the sufficiency of regard to the institution of Parliament. The
relevant provisions are the intervention powers for the Minister and the
establishment of internal electoral boundaries using a regulation.
The provisions for administrative intervention are required to balance the
proposed local led implementation process. The establishment of local
transition committees to lead reform implementation needs to be balanced
with measures to ensure certainty for reform implementation in the event
there is failure at the local level. The intervention powers are limited to
purposes of implementing the new arrangements and require a threshold of
inaction or failure in order to be activated.
The Bill also contains provisions that prevent a local government from
conducting a poll in relation to local government reform or its
implementation. This applies even though some local governments have
legitimately initiated a process under the Local Government Act 1993.
This provision establishes the Government's policy that the holding of
polls is not an appropriate action for local governments during this reform
process.
The provision to exempt the determination of internal boundaries from
judicial review is reflective of previous provisions in place for the
determinations of the Local Government Reform Commission. It is
important for the reform process to be effected by the 15 March 2008
elections and these provisions avoid
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Local Government Reform Implementation Bill 2007
Consultation
Consultation has occurred on all or some aspects of the Bill with the
Department of Premier and Cabinet, Queensland Treasury, and the
Departments of Communities, Justice and Attorney-General, Housing,
Employment and Industrial Relations and Natural Resources and Water.
The Electoral Commission of Queensland was also consulted about
provisions to conduct the 2008 local government elections.
The State Transition Committee established to oversee reform
implementation and its members have assisted in the development of
various elements of the Bill.
All agencies were asked to advise on agency projects, programs, initiatives
or legislation that may be impacted by local government reform. Twenty-
one agencies responded outlining a range of matters that were largely
administrative or operational in nature. The Department will continue to
discuss the ongoing implications of local government reform with all State
agencies.
The Commission received more than 47,000 submissions and the
Commission's report indicates that it considered the 3,796 detailed
submissions that provided suggestions for improving the structure of
Queensland's local governments.
Notes on provisions
Part 1 Preliminary
Short title
Clause 1 provides the short title to the Act.
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Local Government Reform Implementation Bill 2007
Part 2 Amendment of the Local
Government Act 1993
Act amended in pt 2
Clause 2 provides that part 2 amends the Local Government Act 1993.
Amendment of s 18 (Declaration of classes of local government
areas)
Clause 3 amends section 18 (Declaration of classes of local government
areas) to insert "region" as a new class of local government. The Local
Government Reform Commission identified "region" as an additional class
of local government in its Report to the Minister. The term region was
applied to new local government areas comprising of two or more existing
local governments that did not meet the existing criteria for "city" or
"town" as set out in section 7 of the Local Government Regulation 2005.
Amendment of s 34 (Local government name)
Clause 4 amends section 34 (Local government name). The amendment
provides that a regional local government may be called either
(a) Council of the Region of ... (insert name of local government area); or
(b) (insert name of local government area) Regional Council
Insertion of new ch 3, pt 1B
Part 1B Implementation of whole of Queensland local
government boundaries reform
Clause 5 inserts a new Part 1B into the Local Government Act 1993 to
provide for the transition and implementation of new or adjusted local
government boundaries following the State's endorsement of new local
government boundaries as recommended by the Local Government Reform
Commission.
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Local Government Reform Implementation Bill 2007
Division 1 Preliminary
Clause 5 inserts a new Division 1 in the newly created Part 1B of Chapter 3
of the Local Government Act 1993 that includes the following new
provisions:
Insert of new section 159YA Application of pt 1B
New section 159YA provides that part 1B does not apply to Brisbane City
Council but does apply to Torres Strait Island local government established
under the Community Services (Torres Strait) Act 1984.
Insertion of new section 159YB Objectives of pt 1B
New section 159YB sets out three objectives of implementing local
government structural reforms. They include Local Government Reform
charter as specified in section 159B, to change boundary and governance
arrangements and ensure existing local governments can transition
smoothly to the new arrangements.
Insertion of new section 159YC (operation of pt 1B in relation to
pt1)
New Section 159YC clarifies that the requirements of the Local
Government Act 1993 relating to implementation of reviewable local
government matters do not apply to the implementation of reform matters.
Refer new Division 3 for more detail about reform implementation matters.
Insertion of new section 159YD (definitions for pt 1B)
New Section 159YD provides a dictionary of terms relating to the creation
of new local governments and the adjustment of external boundaries for
new and continuing local governments.
Insertion of new section 159YE (changeover day)
New Section 159YE provides that the changeover day for new, adjusted
and continuing local government areas is-
· at the conclusion of the last 2008 quadrennial election held under
these provisions; or
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Local Government Reform Implementation Bill 2007
· an earlier or later date advised (by gazette notice) by the
Minister.
Division 2 Establishment of new local
government areas and adjustments of
local government areas
Clause 5 inserts a new Division 2 in the newly created Part 1B of Chapter 3
of the Local Government Act 1993 that includes the following new
provisions:
Subdivision 1 Preliminary
A new subdivision 1 is created for Division 2, Part 1B of Chapter 3 of the
Local Government Act 1993 and includes the following new sections:
Insertion of new section 159YF (operation of sch 1A)
New section 159YF provides for the identification and constitution of new,
adjusted and continuing local government areas in Schedule 1A by way of
name and map identification. It provides that maps may be inspected in the
office of the Department.
Subdivision 2 New local government areas
A new subdivision 2 is created for Division 2, Part 1B of Chapter 3 of the
Local Government Act 1993 and includes the following new sections:
Insertion of new section 159YG (establishment of new local
government areas (sch 1A, pt1))
New Section 159YG provides that on changeover day (see Section 159YE
for a definition of change-over day) new local government areas are
established for parts of the State and identified in Part 1, Schedule 1A and
each equivalent existing local government area is abolished. This is in
accordance with the recommendations provided in the 2007 Local
Government Reform Commission report.
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Local Government Reform Implementation Bill 2007
Insertion of new section 159YH (operation of sch 1A, pt 1)
New Section 159YH describes the arrangements of Part 1, Schedule 1A
which sets out new local government areas by name, class, area map,
electoral arrangements (divided/undivided) and composition. Where an
area is divided, all divisions are single member divisions and the division
boundaries are shown in an area map stated in a regulation.
Section 159YH also provides a regulation making head of power to amend
division boundaries as specified in column 4 of Part 1, Schedule 1A.
Subdivision 3 Adjusted local government areas
A new subdivision 3 is created for Division 2, Part 1B of Chapter 3 of the
Local Government Act 1993 and includes the following new sections:
Insertion of new section 159YI (transfer of transferring areas)
New Section 159YI identifies the transferring local government areas to be
excluded from one existing local government area and included in another
existing local government area to take effect on changeover day.
Insertion of new section 159YJ (operation of sch 1A, pt 2)
New Section 159YJ provides that Schedule 1A, Part 2 describes the
transferring local government areas which on changeover day become
adjusted local government areas because of an inclusion or exclusion of a
transferring area.
Section 159YJ also provides that Part 2, Schedule 1A describes adjusted
local government areas by name, class, area map, electoral arrangements
(divided/undivided) and composition. Where an area is divided, all
divisions are single member divisions and the division boundaries are
shown in an area map stated in a regulation.
Subdivision 4 Continuing local government areas
A new subdivision 4 is created for Division 2, Part 1B of Chapter 3 of the
Local Government Act 1993 and includes the following new sections:
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Local Government Reform Implementation Bill 2007
Insertion of new section 159YK (changes applying to
continuing local government areas)
New section 159YK provides that each continuing local government area
which is divided for electoral purposes, ceases to be divided and that its
composition is changed to the composition provided for in Part 3, Schedule
1A.
Insertion of new section 159YL (operation of sch 1A, pt 3)
New section 159YL describes the arrangement of Part 3, Schedule 1A
which sets out the continuing local government areas by name, class, area
map, electoral arrangements (divided/undivided) and composition. Where
an area is divided, all divisions are single member divisions and the
division boundaries are shown in an area map stated in a regulation.
Subdivision 5 (Regulations supporting divisions 2-4)
A new subdivision 5 is created for Division 2, Part 1B of Chapter 3 of the
Local Government Act 1993 to limit the scope of regulations on divisional
arrangements (new sections 159YM and 159YMA).
Insertion of new section 159YM (Limit of division arrangements
regulation)
New Section 159YM limits the provisions of a division arrangements. The
regulation may also provide for the identification of another map for
internal electoral boundaries but must not affect the external local
government area boundary.
Insertion of new section 159YN (Regulation for declaring
information about local governments)
New section 159YN provides a head of power to make a regulation to
provide for the recording of the information in Schedule 1A.
Subdivision 6 Division boundaries for new, adjusted and
continuing local government areas
A new Subdivision 6 is created for Division 2, Part 1B of Chapter 3 of the
Local Government Act 1993 and includes the following new sections:
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Local Government Reform Implementation Bill 2007
Insertion of new section 159YO Commissioner to decide
division boundaries
New section 159YO requires the Electoral Commissioner to decide
division boundaries for areas described in schedule 1A, part 1, 2 or 3,
column 4 as `divided', by 15 September 2007. The section also provides
how the commissioner is to undertake public consultation and which
information and principles the commissioner must heed when deciding
divisions.
Insertion of new section 159YP Review of commissioner's
decision
New section 159YP provides that decision by the commissioner in relation
to a division is final and conclusive and not subject to judicial or any other
review and is not subject to any writ or order by a court or another entity on
any ground.
Division 3 Implementation of reform matters
A new Division 3 is created for Part 1B of Chapter 3 of the Local
Government Act 1993 and includes the following new sections:
Insertion of new section 159YQ (reform implementation
regulations)
New section 159YQ provides for general regulation making power which
will enable a reform matter to come into effect. The matters for which a
reform implementation regulation may be made can include, in certain
circumstances, those as listed in section 157 (Implementation of reviewable
local government matter) of the Local Government Act 1993. Subsection 5
of this clause lists other matters for which a reform implementation
regulation may be made including:
· continuation of local laws, delegations, employment of staff;
· amendment of existing / establishment of new planning schemes;
· vesting of property changes; and
· empowering the Local Government Grants Commission to
apportion assets and liabilities from an existing local government
to a new local government.
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Local Government Reform Implementation Bill 2007
Division 4 Local transition Committees
A new Division 4 is created for Part 1B of Chapter 3 of the Local
Government Act 1993.
Subdivision 1 (Local transition committees for new local
government areas)
A new subdivision 1 is created for Division 4, Part 1B of Chapter 3 of the
Local Government Act 1993 and includes the following new sections:
Insertion of new section 159YR (Establishment and
composition of local transition committees for new local
governments)
The purpose of Local Transition Committees is to help transition existing
local governments to the period up to the conclusion of the 2008
quadrennial elections. Local Transition Committees will commence from
when this Bill receives assent and will cease to operate with the election of
new local governments following the March 15 2008 local government
quadrennial elections.
A Local Transition Committee will provide advice and recommendations
to the new local government on a range of change management issues.
Specifically, Local Transition Committees will oversee the development of
a Transition Action Plan which will outline to incoming local governments,
prioritised activities and projects that the incoming local government will
need to undertake to ensure that the momentum of change is not adversely
impacted.
Section 159YR provides that a Local Transition Committee will be
established for a new local government area by those local governments
whose local government area on change-over day, is partly or completely
abolished to form part of a new local government area. The changeover day
is defined under new section 159YE of this Bill.
New section 159YR also provides that a Local Transition Committee for a
new local government area must have the following membership:
· two councillors from each merging local government;
· up to three union representatives as nominated by relevant unions
which are the Australian Workers' Union The Australia Services
Union and the Queensland Council of Unions; and
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Local Government Reform Implementation Bill 2007
· upon appointment, the interim Chief Executive Officer.
A Local Transition Committee may also appoint voting members from the
community to represent the views of the community.
The Local Transition Committee is responsible for electing a chairperson
from the elected local government representatives.
Insertion of new section 159YS (Guidelines for local transition
committees)
A State Transition Committee has been established by the State
government to guide the transition of new local government arrangements.
The State Transition Committee membership includes:
· State Government Departments
· Local Government Association of Queensland
· Local Government Managers Australia
· Representatives from Aboriginal and Torres Strait Island
councils
· Unions representing the local government workforce
New section 159YS provides for the publication of guidelines to assist
Local Transition Committees. The State Transition Committee is to be
consulted before the guidelines are published.
Section 159YS lists the types of matters to be included in the guidelines.
Insertion new section 159T (Responsibility to act in public
interest)
New section 159T is provided to ensure that implementation of local
government reforms is done with a primary focus on the public interest of
the new local government for the area. This provision makes clear that
Local Transition Committee member are to give preference to the public
interest where there are matters of conflict with private interest. New
section 159YT also allows an existing councillor to put the interest of the
new council above that for their current coucil.
The guidelines to be issued by the Chief Executive Officer of the
Department will provide further guidance for Local Transition Committee
members on dealing appropriately with any conflicts of interest they may
experience. This will help to ensure that private interests are disclosed by
members before the committee's deliberations occur.
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Local Government Reform Implementation Bill 2007
Insertion of new section 159YU (Functions of local transition
committee)
New section 159YU establishes the functions of Local Transition
Committees. These functions include:
(a) to appoint an interim chief executive officer for the new local
government for the new local government area
This is one of the key responsibilities of Local Transition Committees. The
Local Transition Committee is to provide notice to the Chief Executive of
the Department about the appointment of an Interim Chief Executive
Officer. New Division 6 provides for the appointment of an interim Chief
Executive Officer in more detail.
(b) to oversee the implementation of an approved framework for
managing industrial relations and workforce transition in the period
leading up to the 2008 quadrennial elections
The Local Transition Committee will oversee the implementation of the
approved framework for managing industrial relations and workforce
transition as endorsed by the State Transition Committee, in the period
prior to the conclusion of the 2008 quadrennial local government elections.
The State Transition Committee has developed a framework for
Employment Sub-Committees to be established by each Local Transition
Committee. That framework provides for managing industrial relations and
workforce transition and it is the Local Transition Committee's
responsibility to ensure that the implementation of such occurs.
The Local Transition Committee's Employment Sub-Committee is to
develop an Industrial Relations Plan that will form part of the Transition
Action Plan. The Industrial Relations Plan is to map key industrial
instruments, and identify priorities for the new council relating to the
industrial relations environment.
(c) to oversee the preparation of a transition action plan
While the interim chief executive officer is tasked with preparing a
Transition Action Plan for a new local government, the Local Transition
Committee oversees the development of, and approves, the Plan. Transition
Action Plans are provided for in detail in new Division 5. The guidelines to
be issued by the chief executive of the Department will guide Local
Transition Committees about the content and scope of Transition Action
Plans.
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Local Government Reform Implementation Bill 2007
(d) to inform the local governments required to be represented on the
committee, and the community generally, to promote a full
understanding of the processes for establishing the new local
government
Local Transition Committees are responsible for informing the community
and local governments within their sphere of concern to ensure
stakeholders have a full understanding of the processes for establishing the
new local government or changed arrangements.
A key role of the Local Transition Committee is to consult with the
community and the new local government, or where part of a local
government area is being transferred, the adjusted local government. The
Local Transition Committee will be the primary distribution and collection
points of information relating to the implementation of local government
reform.
The guidelines to be provided by the State government will guide the Local
Transition Committees about engagement and consultation matters.
(e) approve an interim executive organisational structure for the new
local government for the new area
Another key deliverable of the Local Transition Committee is to approve an
interim executive organisational structure for the new local government for
the new area, or amended area where applicable. The new organisational
structure will be presented to the new local government for the area, once it
is formed, by the interim chief executive officer. The interim executive
organisational structure will assist with staff transitioning to a new local
government and will be used as a communication tool for local government
staff broadly.
The interim Chief Executive Officer is responsible for preparing the
interim executive organisational structure and the Local Transition
Committee must approve it.
(f) to provide guidance and support to the local governments required
to be represented on the committee for resolving issues in the period
leading up to the 2008 quadrennial elections
Local Transition Committees play a role in facilitating solutions to
concerns raised by local governments represented on the committee. For
example, the Local Transition committee may refer staff issues and matters
relating to the impact of the local government reform on employees to the
Employment Sub-Committee for advice for the purpose of making
recommendations to the local government concerned.
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Local Government Reform Implementation Bill 2007
(g) to establish financial and administrative arrangements for its own
operation.
Potential establishment, operation and travel expenses could arise from the
establishment of a Local Transition Committee. These costs are to be met
by the existing local governments. Except in the case of the Interim CEO,
Local Transition Committee members will not be entitled to additional
remuneration for their function as a member of the Local Transition
Committee. The Local Transition Committee guidelines will ensure
financial and administrative processes for the Committee's operations are
undertaken in consultation with the adjusted local governments to ensure
that the processes are compatible with existing systems.
Insertion of new section 159YV (First meeting of local transition
committee and public notification)
New section 159YV requires a local transition committee to hold its first
meeting as soon as possible after commencement of this section as one of
the key deliverables of the local transition committee such as the
appointment of the chairperson are required to be notified within 30 days of
commencement of this section. The first meeting of the Committee also
triggers another deliverable, the appointment of the interim chief executive
officer.
To ensure the State Transition Committee can monitor the progress of local
transition committees and ensure the effective implementation of the local
government reform, Local Transition committees are required to publicly
notify their establishment and copy the notice to the chief executive of the
Department.
The Local Transition Committee guidelines will provide suggestions about
arrangements for the first meeting.
Insertion of new section 159YW (appointment of interim chief
executive officer for new local government)
New secion 159YW requires a local transition committee to appoint an
interim chief executive officer for the new council for a new area within 30
days of the committee's first meeting.
If the interim chief executive officer is an employee of one of the councils
represented on the local transition committee, the council must continue to
employ the chief executive officer on the terms the committee requires
provided the terms are reasonable. However the interim chief executive
officer cannot hold two positions concurrently. Upon appointment, the
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Local Government Reform Implementation Bill 2007
interim chief executive officer cannot continue to hold an appointment as
the chief executive officer of the existing local government.
If the interim chief executive officer is not an employee of an existing local
government, the committee must nominate one or more of the local
governments to be the employer of the interim chief executive officer. For
the Torres Strait Island Regional Council local transition committee, if the
interim chief executive officer is not an employee of a represented local
government, the Island Coordinating Council must employ the interim
chief executive officer.
Insertion new section 159YX (Employment subcommittee)
This provision requires a local transition committee to establish an
employment subcommittee and provides for the composition and function
of the subcommittee.
One of the roles of the Employment Sub-Committee will be to develop a
draft Industrial Relations Plan. The Industrial Relations Plan maps key
industrial instruments, and identifies priorities for the new local
government relating to the industrial relations environment. This draft
Industrial Relations Plan will form part of the Transition Action Plan.
Subdivision 2 (Transferring area local transition committees)
This new subdivision is created within new Division 4, of new Part 1B of
Chapter 3 to provide for the establishment, composition and functions of
Local Transition Committees for local governments that are transferring
areas only (that are not to be new local governments as provided for in this
Bill). The new subdivision includes the following new sections:
Insertion of new section 159YY (Establishment and
composition of transferring area local transition committees)
This provision lists the councils that are required to establish transferring
area local transition committees.
Insertion of new section 159YZ (Functions of transferring area
local transition committees)
This provision applies the functions of a local transition committee (with
changes) to a transferring area local transition committee. Specifically a
transferring area local transition committee must not appoint an interim
chief executive officer.
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Local Government Reform Implementation Bill 2007
Division 5 Transition action plans
This new Division 5 is created within new Part 1B of Chapter 3 to provide
for Transition Action Plans and provides the following new sections:
Insertion of new section 159Z (Transition action plans for new
local government area)
New section 159Z provides that it is the responsibility of the interim Chief
Executive Officer to prepare a transition action plan to be approved by the
local transition committee. The State Transition Committee will supply a
transition action plan template to the local transition committee to assist
with this requirement.
The aim of the transition action plan is to ensure the new or adjusted local
government is in a position to operate effectively from changeover day. The
transition action plan will be used by the new or adjusted local government
to prioritise and manage change through the transition phase. To ensure the
best outcome for the Plan consultation with chief executive officers of
merging local governments for the new local government area must be
undertaken by the interim chief executive officer.
Insertion of new section 159ZA (Guidelines for transition action
plans)
New section 159ZA provides for the Chief Executive of the department to
publish guidelines for Transition Action Plans on the department's website.
The guidelines and a Transition Action Plan template, prepared by the State
Transition Committee will guide Local Transition Committees in the
preparation of their Plans. The Transition Action Plan is a key deliverable
of the Local Transition Committee and as such, it is necessary for interim
Chief Executive Officers to ensure that it is prepared in accordance with the
guidelines and using the template as a guide.
The guidelines provide for the Transition Action Plan approval process and
detail the process for completing the plans. The scope of the plan,
including that the interim organisational structure and the Industrial
Relations Plan that will form part of the Transition Action Plan is also
outlined in the guidelines.
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Local Government Reform Implementation Bill 2007
Division 6 Interim chief executive officers
A new Division 6 is created within Part 1B of Chapter 3 of the Local
Government Act 1993 to provide for the functions of interim Chief
Executive Officers during separate phases of the reform process. This
division provides the following new sections:
Insertion of new section 159ZB (Functions of interim chief
executive officer before changeover day)
New section 159YW provides that an interim Chief Executive Officer must
be appointed by the Local Transition Committee within 30 days of the first
meeting of the Local Transition Committee. New section 159ZB outlines
the functions of the interim Chief Executive Officer prior to changeover
day. The definition of changeover day is provided in new section 159YE.
The general function of the interim chief executive officer during this
period is to oversee all aspects of establishing the new local government.
This might require an assessment of the governance arrangements, output
and outcomes of the local governments to be merged and development of
strategies, a budget and processes to ensure that the affected local
governments are appropriately and positively transitioned to the new local
government structure.
Specific functions required to be carried out prior to changeover day
include developing a draft organisational structure for the new local
government, ensuring staff engagement, review and assessment of systems
and collaboration with the local transition committee to ensure adequate
preparation for the 2008 quadrennial elections.
Insertion of new section 159ZC (Responsibility of chief
executive officer to help interim chief executive officer)
This provision requires the chief executive officer of an existing local
government to provide all necessary assistance to the relevant interim chief
executive officer of a new local government. The chief executive officer of
an existing local government must give the local government's financial
statements and other financial information to the interim chief executive
officer in a timely manner.
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Local Government Reform Implementation Bill 2007
Insertion of new section 159ZD (Functions of interim chief
executive officer from changeover day)
New section 159ZD provides that following the local government
elections, the interim CEO immediately becomes the acting CEO of the
new local government. The acting CEO will retain all the functions held as
interim CEO and be employed on the same terms and conditions as
employed as the interim CEO. The officer will remain in the position until
the new local government appoints a permanent CEO through an open
merit selection process. Subsection (3) requires the new local government
to act expeditiously to appoint a permanent CEO within six months of
changeover day.
Division 7 Employment matters
A new Division 7 is provided in Part 1B of Chapter 3 of the Local
Government Act 1993 to provide for matters relating to the employment of
local government staff. This new division provides the following new
sections:
Insertion of new section 159ZE (Definition for div 7)
This provision provides definitions for terms used in this division
(Employment matters). The definition encompasses long term casual and
temporary employees.
Insertion of new section 159ZF (Application for div 7)
New section 159ZF applies Division 7 to:
· Any local government existing from the commencement of the
section until three years from the 2008 local government
quadrennial elections (16 March 2011). This includes continuing
and new local governments that exist on or after the change-over
day; and
· a person who is defined as an employee of a local government,
other than a chief executive officer.
The provision applies to existing and new local governments to ensure that
all local government staff affected by the local government reform process
receive maximum employment security through an open, fair, consistent,
positive and supportive transition.
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Local Government Reform Implementation Bill 2007
Insertion of new section 159ZG (Prohibition on retrenchment
because of reform matter implementation)
New section 159G provides that a local government must not terminate an
employee's employment with the local government due to the
implementation or effect of a reform matter under this Bill. Mayors,
councillors, chief executive officers of local governments are excluded
from the retrenchment provisions.
Insertion of new section 159ZH (Local government workforce
transition code of practice)
New section 159ZA provides for the Minister to approve a workforce
transition code of practice to maximise employment security for local
government employees affected by the transition to new and adjusted local
government areas. The code may establish employment terms and
conditions that are consistent with the essential principles of maintaining
service delivery levels and minimal disruption to work locations for
employees, as well as a range of specified supporting principles.
Local governments are required to conform with the workplace transition
code of practice to the extent that the code applies to their local
government.
Insertion of new section 159ZI (When workforce transition code
of practice takes effect)
New section 159ZI provides for the commencement, and notification of
that commencement, of a Workforce Transition Code of Practice. The
Minister will give notice of the Workforce Transition Code of Practice by
gazettal notice and the code will take effect from the date of the gazettal
notice unless a later day is stated in the notice.
To assist local governments affected by the local government reform, the
Workforce Transition Code of Practice will be published on the
department's website.
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Local Government Reform Implementation Bill 2007
Division 8 (2008 quadrennial elections for all
local government areas)
New Division 8 of Part 1B of Chapter 3 of the Local Government Act 1993
provides for the 2008 quadrennial elections for all local government areas.
Specifically, it inserts the following new sections:
Insertion of new section 159ZJ (Quadrennial elections in 2008
to be held on 15 March instead of 29 March)
Council elections are held every four years in Queensland. New Section
159ZJ provides that the 2008 quadrennial local government elections
(including Brisbane City Council and Aboriginal and Torres Strait Islander
Councils) will occur on 15 March 2008 (or a different date fixed by
regulation for one or more quadrennial elections) instead of the quadrennial
election scheduled for 29 March in accordance with the current provisions
of the Local Government Act 1993. These elections will be based on new
local government areas arising from the reform process and will put in
place mayors and councillors for Queensland's new local governments.
Insertion of new section 159ZK (Holding of 2008 quadrennial
elections)
New Section 159ZK provides that the 2008 quadrennial local government
elections for mayors and councillors (except Brisbane City Council) of
new, adjusted and continuing local governments under the local
government reform process will be conducted according to the existing
provisions of Chapter 5 (Local Government elections) of the Local
Government Act 1993 except for those other provisions mentioned in this
Division.
For the 2008 elections, new local governments created through the reform
process will be classified as type 1 (new local government), type 2
(adjusted local government) and type 3 (continuing local government).
Insertion of new section 159ZL (Conduct of 2008 quadrennial
elections by electoral commission)
New Section 159ZL provides that the 2008 quadrennial local government
elections for all new, adjusted and continuing local governments will be
conducted by the Electoral Commission of Queensland as the Chief
Returning Officer. The Chief Returning Officer will have overall
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Local Government Reform Implementation Bill 2007
responsibility for the proper conduct of the elections and has all the powers
and functions of a Returning Officer under the Local Government Act
1993. More specifically, the Chief Returning Officer will appoint (and give
directions) to Returning Officers, Assistant Returning Officers, determine
the public elections office for each local government area and approve
election forms required for the elections.
The Crime and Misconduct Commission's Report of its Inquiry into the
2004 Gold Coast City Council elections suggested that the legitimacy of a
new local government following its election will depend, in part of, upon
the integrity of the electoral process. The Electoral Commission of
Queensland (ECQ) is recognised by the Queensland electorate as being the
independent expert in the conduct of elections.
Insertion of new section 159ZM (Changed application of s 220
for Northern Peninsula Area and Torres Strait Island regional
councils)
New Section 159ZM provides that in relation to general qualifications for
membership of the Northern Peninsula Area regional council, a person
must live in the particular division and for the Torres Strait Island regional
council a person is qualified for membership only if the person has lived in
the particular division before nomination date.
Insertion of new section 159ZN (Other changes to ch 5 for type
1, 2 and 3 elections)
New section 159ZN provides for other changes to the Chapter 5 (Local
government elections) requirements of the Local Government Act 1993 in
relation to all elections conducted under these provisions.
Section 271 of the Local Government Act 1993 provides that local
governments are responsible for expenditure incurred in conducting an
election for its area. In section 159ZN subsection 1 clarifies that for type 1,
2 or 3 elections, new, adjusted and continuing local governments must (to
the extent the Minister directs) reimburse the State for all costs incurred,
including the Electoral Commission of Queensland costs, in conducting the
elections.
Subsection 2 suspends the requirement that the Chief Executive Officer is
the Returning Officer for the purposes of the 2008 elections.
Subsections 3, 4 and 5 provide that for a new local government area, the
Chief Returning Officer must nominate and publicly notify the election
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Local Government Reform Implementation Bill 2007
office for the 2008 elections. The election office need not be a public office
of an existing local government.
Subsection 6 provides that all nomination deposits must be held in the trust
fund of the Electoral Commission of Queensland.
Subsection 7 provides that any candidate's deposits not required to be
refunded to the candidate after the conclusion of the election, must be paid
into the operating fund of the relevant new, adjusted or continuing local
government.
Subsection 8 provides that no action is required to be taken under chapter
5, part 5 (quota requirements for divided local government areas) for any
type 1, 2 or 3 local government elections.
Insertion of new section 159ZO (Changed references to
particular matters)
New section 159ZO provides that for the application of 441B a reference to
the chief executive officer for a type 1 election is taken to be a reference to
the interim chief executive officer unless a returning officer has been
appointed. This provision informs candidates as to who they should write
to register their agreement to comply with the code of conduct for
candidates.
Division 9 State intervention powers
New Division 9 of Part 1B of Chapter 3 of the Local Government Act 1993
provides for state intervention powers for matters relating to the local
government reform. Specifically, it provides for the following new
sections:
Insertion of new section 159ZP (Definition for div 9)
New section 159ZP defines local transition committee to include a
transferring area local transition committee for this division.
Insertion of new section 159ZQ (Giving of directions under
div 9)
New section 159ZQ enables the Minister or the chief executive to give a
direction in certain circumstances to ensure that an action or inaction is
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Local Government Reform Implementation Bill 2007
performed to achieve an effective and efficient transition of local
government to the new local government structure during the reform
process. Where a reform matter is not being dealt with in the spirit of the
reform transition, the intervention powers provided for in division 9 may be
exercised.
Guidelines will be provided to local transition committees to provide
details of the intervention powers included in this new section including the
Minister's and the chief executive's powers in this regard. Intervention
powers have been established to ensure that the momentum of a positive,
fair, efficient and effective transition to the new local government structure
occurs.
Insertion of new section 159ZR (Directions by chief executive)
New section 159ZR provides the powers by which a chief executive can
intervene regarding a local government reform matter.
Specifically, it is proposed that the chief executive will have the power to
intervene to:
· Direct that information regarding a reform matter be provided;
· Direct that a meeting of a local transition committee or group of
other persons be held; and
· Direct local government employees.
As a matter of practice, the chief executive will ordinarily direct the chief
executive of a local government in the first instance.
The chief executive will only direct an employee of a local government,
who is not the chief executive, if the chief executive of the local
government refuses the first direction.
Insertion of new section 159ZS (Powers of Minister)
New section 159ZS provides the powers by which the Minister can
intervene regarding a local government reform matter.
Specifically, it is proposed that the Minister will have the power to
intervene to:
· Direct a change in the composition of a local transition
committee;
· Direct that a person is to act in place of a local transition
committee;
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Local Government Reform Implementation Bill 2007
· Direct that a new group of persons is to act in place of a local
transition committee;
· Direct the allocation of employees, assets, liabilities and property
of any kind; and
· Direct that particular functions do not apply to, and may not be
performed by, a local transition committee.
Insertion of new section 159ZT (Compliance with direction)
New section 159ZT provides that a person to whom a Minister or the chief
executive gives a direction to under this division's intervention provisions,
must comply with those directions. In the event that a person who is
directed by the Minister or the chief executive to undertake an action or to
cease an action fails to comply with the direction then the Minister or the
chief executive has the power to direct a departmental officer or employee
or another person to intervene to ensure compliance with the direction.
Division 10 Special arrangements for transition
period
New Division 10 is created in Part 1B of Chapter 3 of the Local
Government Act 1993 to provide for special arrangements regarding the
transition period for local governments affected by the local government
reform process.
Insertion of new section 159ZV (Definition for div 10)
New section 159ZV inserts a definition for transition period.
Insertion of new section 159ZU (Application of div 10)
New section 159ZU provides that Division 10 applies to a local
government only if that local government does not become an adjusted
local government under this part. Refer new section 159YD for a definition
of adjusted local government). This division does not apply to Ipswich City
Council or Torres Shire council.
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Local Government Reform Implementation Bill 2007
Insertion of new section 159ZW (Prohibition on major policy
decision in transition period)
New section 159ZW prevents a merging local government from making
major policy decisions during the transition period. It is important that a
merging local government ensures that decisions are not taken which
would bind incoming councillors and limit their freedom of action.
The provisions reflect the basic caretaker conventions of State government.
As such, the provisions require a local government to avoid implementing
major policy initiatives, making significant appointments or entering into
major contracts or undertakings during the caretaker period. The basic
conventions are directed to the making of decisions, and not to policy
announcements. The conventions do not, of course, apply to new policy
promises which a councillor may announce as part of its election
campaign.
This provision allows a local government, if exceptional circumstances
exist, to make a major policy decision during the transition period.
However, the local government must notify the Minister of the decision and
the exceptional circumstances.
Under chapter 6, part 3 of the Local Government Act 1993, local
governments can enter into contracts. However, like State government, a
merging local government is not to make, vary or discharge a contract
during the transition period. A merging local government may need to enter
into a contract under section 483 of the Local Government Act 1993
because of genuine emergency or hardship. Under this type of
circumstance, it may be necessary for that local government to apply
subsection 2 of this clause.
A major policy decision does not include the appointment of an interim
chief executive officer.
Insertion of new section 159ZX (Invalidity of major policy
decision in transition period if decision revoked)
New section 159ZX provides that if a merging local government makes a
major policy decision during the transition period which subsequently
revoked by the Minister it becomes an invalid decision. If the decision is to
enter into a contract, the contract becomes null and void. Should this cause
a loss or damage to parties to the contract other than the local government
concerned, the local government is to compensate those parties. A party or
parties that suffer a loss or damage as a result of the Minister revoking a
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Local Government Reform Implementation Bill 2007
contract made by a merging local government during the transition period
can take court action to obtain compensation from the local government.
Division 11 (Miscellaneous)
A new Division 11 has been created in Part 1B of Chapter 3 of the Local
Government Act 1993 to provide for miscellaneous amendments relating to
polls, the State Transition Committee, the expiry of new Part 1B and
matters regarding councillor remuneration. Specifically, Division 11
provides the following:
Insertion of new section 159ZY (Polls)
New section 159ZY extends the policy intent of the legislation to the
current council amalgamations with a view to ensuring that councils cannot
conduct polls and referenda in relation to the current recommendations of
the Local Government Reform Commission.
Insertion of new section 159ZZ (State Transition Committee)
New section 159ZZ provides for the chief executive to appoint an advisory
committee to provide oversight for the implementation of local government
reform.
Insertion of new section 159ZZA (Expiry of pt 1B)
New section 159ZZA provides for the expiration of Part 1B at the end of 31
December 2011 or at an earlier time fixed by regulation.
Clause 6 (Insertion of new ss 236A and 236B)
Clause 6 inserts two sections into Chapter 4, Part 3, Division 1 regarding
the remuneration of councillors and the reimbursement of expenses and
provision of facilities for councillors of local governments.
Insertion of new section 236A (Remuneration for councillors of
local governments)
New section 236A provides that a local government may, by resolution,
authorise the payment of remuneration to a councillor. Under the Schedule
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Local Government Reform Implementation Bill 2007
2 definition of councillor, a councillor also includes a mayor. The
remuneration to be paid is as per the remuneration schedule determined by
the Local Government Remuneration Tribunal that is to be established
under new Division 3 of the new Chapter 4 of the Local Government Act
1993 (refer new section 250AA). The remuneration to be paid to a
councillor under this new section is not to include the reimbursement of
expenses or the provision of facilities, which is provided for under new
section 236B. If the Local Government Remuneration Tribunal approves a
different amount of remuneration under new section 250AL the local
government may authorise that payment.
Insertion of new section 236B (Reimbursement of expenses
and provision of facilities for councillors of local governments)
Under new section 250AR, a local government is to establish a
reimbursement of expenses policy, which is to be applied when reimbursing
councillors for expenses incurred in carrying out their councillor duties.
This new section 236B provides that the reimbursement of expenses and
the provision of facilities are to be paid to local government councillors in
accordance with the policy established under new section 250AR.
Clause 7 - Amendment of section 237 (Remuneration for
service on local government and advisory committees)
Clause 7 amends the existing section 237 so that this section only applies to
persons serving on advisory committees. The provisions relating to
councillor remuneration have been omitted as councillor remuneration will
be determined by the new Local Government Remuneration Tribunal.
Clause 8 - Amendment of s 238A (Councillors may make salary
sacrifice arrangements)
Clause 8 amends the definition or remuneration entitlement in section
238A(3). This is to allow councillors to salary sacrifice the remuneration
determined by the remuneration tribunal.
Clause 9 - Insertion of new ch 4, pt 3, divs 3 and 4
Clause 9 inserts a new chapter 4, part 3, divisions 3 and 4 that establishes
an independent tribunal to set remuneration for all Mayors and Councillors
in all Queensland local governments (except for Brisbane City). The
establishment of an independent and objective body to undertake this role
significantly enhances the transparency and public accountability of the
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Queensland's local government system. It is an integral part of local
government reform.
A tribunal will provide a consistent and transparent remuneration
framework for local governments across the State, similar to processes
used for determining remuneration for Commonwealth and State members
of Parliament. The establishment of a tribunal will divest local
governments of the responsibility for setting the fees for its own
councillors and mayors. A Local Government Remuneration Tribunal will
also bring Queensland into line with most other states which have an
independent body to oversee remuneration for local government
councillors and mayors.
It is intended that the tribunal be established, its methodology determined
and its first determinations made prior to the calling of nominations for 15
March 2008 local government elections. This will allow prospective
candidates to be informed of remuneration arrangements prior to the
elections.
References to councillors in the notes for clause 9 reflect the definition in
the Local Government Act 1993 that a councillor includes a mayor.
Division 3 (Local Government Remuneration
Tribunal)
New Division 3 provides for the establishment, membership, functions and
operations of a Local Government Remuneration Tribunal.
Subdivision 1 (Establishment, functions and membership)
New subdivision 1 provides for the establishment, functions and member
of the Local Government Remuneration Tribunal to be established under
the new Chapter 4, Part 3, Division 3 of the Local Government Act 1993.
Insertion of new section 250AA (Establishment of Local
Government Remuneration Tribunal)
New section 250AA provides for a Local Government Remuneration
Tribunal to be established.
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Insertion of new section 250AB (Functions)
New section 250AB sets out the functions of the Local Government
Remuneration Tribunal. The functions are:
· To establish categories of local governments provisions guiding
this are set out in new sections 250AH, 250AI and 250AJ.
· To assign each local government to an established category.
· For each category, determine a level of remuneration for
councillors.
· To carry out other functions as directed by the Minister.
Insertion of new section 250AC (Members of remuneration
tribunal)
New section 250AC provides for the appointment of a chairperson and two
members to the Local Government Remuneration Tribunal. Each member
is to be appointed by the Governor in Council for a term not more than 3
years.
Eligibility requirements for members of the remuneration tribunal are
extensive knowledge and experience in 1 or more of the following:
· local government,
· public administration,
· law,
· public finance,
· industrial relations,
· community affairs.
Governor in Council may also appoint members if they have knowledge
and experience considered appropriate for the tribunal.
New section 250AC also provides for when a person stops being a member
of the tribunal. Provisions include resignation by the member, not being
reappointed, removal by Governor in Council for misbehaviour or physical
or mental incapacity and the disqualification provisions set out in new
section 250AD.
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Local Government Reform Implementation Bill 2007
Insertion of new section 250AD (Disqualification from
membership)
New section 250AD provides that a person cannot become or continue as a
member of the tribunal if they are or become
· A councillor;
· A local government employee;
· A director of a significant business entity (as defined in Schedule
2 of the Local Government Act 1993);
· A contractor or consultant engaged by a local government; and
· bankrupt
New section 250AD also provides that a person is disqualified if they are or
have been convicted of an indictable offence and the conviction is not a
spent conviction (as defined in Schedule 2 of the Local Government Act
1993).
Insertion of new section 250AE (Remuneration and
appointment conditions of members)
New section 250AE provides for remuneration and appointment conditions
for tribunal members. The remuneration, allowances and terms and
conditions of appointment for members are decided by Governor in
Council. Members are eligible for reappointment.
The section includes specific remuneration provisions for a member of the
tribunal that is a commissioner appointed under the Industrial Relations
Act 1999. Commissioners appointed under the Industrial Relations Act
1999 receive remuneration as determined by the Salaries and Allowances
Tribunal and will not receive additional remuneration for their role as a
member of the remuneration tribunal. They will however, be entitled to
receive reimbursement of expenses reasonably incurred in performing the
functions of a member of the remuneration tribunal.
Subdivision 2 (Staffing arrangements and meetings)
New subdivision 2 of Division 3 of new Chapter 4, Part 3 provides for
staffing and meeting arrangements of the remuneration tribunal.
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Insertion of new section 250AF (Work performance
arrangements)
New Section 250AF makes provision for administrative support for the
tribunal. The tribunal and the chief executive of the Department may make
arrangements for public service employees to support the tribunal. This
arrangement allows flexibility to provide administration support on an `as
needs' basis.
Insertion of new section 250AG (Conduct of meetings)
New section 250AG allows the tribunal to hold meetings at the times and
places it decides, with any member being able to call a meeting. These
provisions are subject to requirements for:
· 7 days written notice to members; and
· a meeting to be held within 14 days after the Minister requests
the tribunal to discuss a local government matter.
Subdivision 3 (Categorising local governments)
New subdivision 3 of Division 3 of new Chapter 4, Part 3 provides for how
the tribunal is to categorise local governments.
Insertion of new section 250AH (Establishing categories of
local governments)
New section 250AH requires the tribunal to establish categories of local
governments for the purpose of deciding remuneration for local
government councillors (including mayors and deputy mayors).
Insertion of new section 250AI (Criteria for establishing
categories)
New section 250AI lists criteria which must be considered by the tribunal
in determining local government categories. They are:
· the size, geographical and environmental terrain, population,
demography, and distribution of population of the local
government area;
· the diversity of communities, cultural diversity, economic and
community development, levels of infrastructure and industry
within the local government area
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· the extent of services provided by the local government; and
· the number and workload of councillors including whether they
are full time or part time.
The tribunal may have regard to other matters it considers relevant to the
effectiveness, efficiency and sustainability of local governments.
New section 250AI also provides for a regulation to specify other criteria
for a tribunal to consider in categorising local governments.
Insertion of new section 250AJ (Deciding and reviewing
categories of local governments to which local governments
belong)
New section 250AJ requires the tribunal to assign each local government to
a category that it has determined under section 250AH, having regard to the
criteria used to establish the categories.
The tribunal is required to review the categories at least every 4 years to
determine whether the categories and the assignment of local governments
need amending. The 4 yearly reviews will coincide with the quadrennial
local government elections. This is to ensure that categories are
appropriately reviewed, and where necessary, reapplied to local
governments before local government elections to inform candidates of
proposed councillor remuneration.
Subdivision 4 (Remuneration schedule)
New subdivision 4 of Division 3 of new Chapter 4, Part 3 provides for the
remuneration schedule to be determined by the tribunal.
Insertion of new section 250AK (Deciding remuneration)
New section 250AK requires the tribunal to determine remuneration for
each category of local governments. Remuneration is defined for this
purpose as any fees or allowances paid to the councillor by the local
government. It is intended to provide compensation for the time and effort
they spend on council business. It is not intended to provide for expenses
or to compensate for the provision of facilities and local governments will
be able to make separate provision for appropriate reimbursement of
expenses of office incurred by councillors and to provide facilities to assist
with their duties.
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Local Government Reform Implementation Bill 2007
The tribunal is to make an annual determination on fees for both
councillors and mayors in each of the local government categories. The
determination of fees is to be set out in a schedule that lists the
remuneration amounts for each local government category and is to be
known as the remuneration schedule.
The tribunal in making this determination is required to consider provisions
of the Local Government Act 1993 for councillor entitlements and
responsibilities and what the community expects is appropriate
remuneration for councillors. The determination is to be announced on or
before 1 December each year.
Insertion of new section 250AL (Discretion to vary
remuneration in exceptional circumstances)
New section 250AL provides for a local government to apply for a
variation (less or more) of the amount prescribed for it in the tribunal's
remuneration schedule. In its submission to the tribunal, a local
government would need to specify the exceptional circumstances which
warrant the variation from the scheduled amount. The remuneration
tribunal may consider the application and approve a variation of the
payment amount from that in the remuneration schedule.
Subdivision 5 (Inquiries conducted by remuneration tribunal)
New subdivision 5 of Division 3 of new Chapter 4, Part 3 provides for how
the tribunal may inform itself in making remuneration determinations.
Insertion of new section 250AM (Remuneration tribunal may
make inquiries)
New section 250AM provides that the tribunal can make the inquiries it
considers necessary.
Insertion of new section 250AN (Conduct of inquiries)
New section 250AN allows the tribunal to conduct inquiries in a way that it
considers appropriate and makes it clear that the conduct of its inquiries is
not bound by legal forms or rules of evidence.
In conducting an inquiry into a particular matter, eg a review of local
government categories, the tribunal is required to invite submissions from
local governments, interested groups and persons and members of the
public and to advise of the period in which submissions must be made. The
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Local Government Reform Implementation Bill 2007
tribunal in making a decision about the matter must have regard to any
submission made within this period. This allows affected parties to
contribute to the tribunal's determinations.
Insertion of new section 250AO (Membership of remuneration
tribunal changes during inquiry)
New section 250AO provides that the work of the tribunal continues even if
there is a change in the members comprising the tribunal. It ensures the
work of the tribunal is not compromised by changes of membership.
Subdivision 6 (Reports)
New subdivision 6 of Division 3 of new Chapter 4, Part 3 sets out reporting
requirements for the tribunal.
Insertion of new section 250AP (Remuneration tribunal reports)
New section 250AP requires the tribunal to prepare a written report each
year about local government categories, the assignment of local
governments to each category, the remuneration schedule and any
exceptional circumstances approvals. The report is to be signed by each
member and must be given to the Minister within 7 days of making a
decision about the remuneration schedule.
Insertion of new section 250AQ (Notification and tabling of
report)
New section 250AQ requires the Minister to publish in the gazette the
following elements of the tribunal's report the local government
categories and the local governments assigned to each category and the
remuneration schedule. This provides a public record of the remuneration
provision for all councillors and notifies local governments of
remuneration provisions for its councillors.
The full report of the tribunal is required to be tabled in Parliament. Tabled
reports are key accountability documents and the principal way in which
entities report on their determinations to Parliament and the wider
community.
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Local Government Reform Implementation Bill 2007
Division 4 (Reimbursement of expenses and
provision of facilities)
New Division 4 of new Chapter 4, Part 3 provides for the reimbursement of
expenses and provision of facilities for local government councillors.
Insertion of new section 250AR (Requirement to adopt
expenses reimbursement policy)
New section 250AR requires each local government to adopt an expenses
reimbursement policy that will be used to determine how expenses incurred
through the performance of their work in office will be provided to
councillors. The policy must also outline the provision of facilities to be
made available to councillors, such as a vehicle, mobile telephone and
laptop.
This provision complements the remuneration payable to councillors as
determined by the Local Government Remuneration Tribunal. The
remuneration schedule does not take into account reimbursement of
expenses to councillors or make allowances to provide facilities for
councillors.
Insertion of new section 250AS (Amending expenses
reimbursement policy)
New section 250AS provides that a local government can amend its
expenses reimbursement policy. The need may arise where the cost of
expenses change or where a councillor's scope of work changes and so the
policy may require amending. A local government must give public notice
of any amendment to its expenses reimbursement policy.
Insertion of new section 250AT (Notification of adoption of
expenses reimbursement policy)
Section 250AT sets out the requirement for public notice of an expenses
reimbursement policy or an amendment of it. The public notice must be
published in a local newspaper as soon as practicable after the adoption of
the policy or an amendment.
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Local Government Reform Implementation Bill 2007
Insertion of new section 250AU (Meetings in public about
expenses reimbursement policy)
New section 250AU makes it clear that the adoption or amendment of an
expenses reimbursement policy must occur in a council meeting that is
open to the public. A local government is prevented from making a
resolution under section 463 of the Local Government Act 1993 (Public
notice of meetings) to adopt or amend an expenses reimbursement policy in
a closed meeting.
Clause 10 - Amendment of s 534 (Content of report about other
issues of public interest)
Clause 10 amends the requirements for a local government's annual report
by requiring a local government to report on the payment of expenses or
the provision of facilities to councillors.
Clause 11 Amendment of s 867 (Step 2- ensure proposed law
satisfactorily deals with any State interest)
This clause provides discretion to the Minister to exempt a local
government from complying with steps 3 to 7 of the local law making
process prescribed in chapter 12, part 2, division 3 when the local
government proposes a local law that makes only insubstantial
amendments to a local law. A ministerial exemption is no longer required
for minor amendments to local laws as defined in Schedule 2 Dictionary.
Clause 12 (Insertion of new ch 12, pt 2, div 6)
This clause inserts an additional division (Division 6 Anti-competitive
provisions of existing local laws and existing subordinate local laws) into
chapter 12, part 12.
Division 6 Anti-competitive provisions of
existing local laws and existing
subordinate local laws
New Division 6 of Part 2 of new Chapter 12 provides for the anti-
competitive provisions of existing local laws and existing subordinate local
laws. Specifically it provides for the following:
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Local Government Reform Implementation Bill 2007
Insertion of new section 893A (Application of div 6)
This provision describes the application of chapter 12, part 2, division 6.
Insertion of new section 893B (Definitions for div 6)
This section provides definitions used in chapter 12, part 2, division 6.
Insertion of new section 893C (Expiry of local laws and
subordinate local laws unless local government complies with
division)
This section provides that a local government's local laws and subordinate
local laws which contain anti-competitive provisions and are not reviewed
pursuant to this division by 31 December 2010 will expire and thereafter
local laws and subordinate local laws which contain anti-competitive
provisions and are not reviewed pursuant to the division will expire 31
December in 2020, 2030 and so on.
Insertion of new section 893D (Review of anti-competitive
provisions in local laws and subordinate local laws)
This section requires a local government to review its local laws and
subordinate local laws and identify any provision of the laws that it
considers may be a possible anti-competitive provision.
Insertion of new section 893E (Public interest test of anti-
competitive provisions)
This section requires a local government to undertake a public interest test
for any possible anti-competitive provisions of its local laws (including
subordinate local laws). For each provision, the test must recommend
either that the provision should be retained as it is not anti-competitive, or
for a provision found to be anti-competitive, that the provision in either
whole or part or in its current form or another, be retained in the public
interest, or not be retained.
It is in the public interest if the benefits of a provision to the community as
a whole outweigh the costs and if restricting competition in the way
provided in the provision is the most appropriate way of achieving the
objectives of the local law or subordinate local law.
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Insertion of new section 893F (Local government to decide on
test and report process)
For each public interest test of a possible anti-competitive provision, this
section requires a local government to decide how the test is to be
conducted and the matters with which the test report must deal. The local
government's decision must also provide for a consultation process for the
public interest test and state how the process is to be used in the test.
A regulation may prescribe requirements for public interest tests and test
reports.
Insertion of new section 893G (Public interest test report to be
presented to local government meeting)
This provision details the immediacy with which a completed public
interest test report, regarding anti-competitive provisions, must be
presented to a meeting of the local government.
Insertion of new section 893H (Local government to resolve
whether to implement recommendations of public interest test)
Following presentation of a completed public interest test report (regarding
anti-competition provisions) to a meeting of a local government, a local
government must determine whether to implement or decline the
recommendations of the public interest test.
Should a local government's decision be contrary to that of the
recommendations contained in the public interest test, the local
government include in the contrary resolution a statement of reasons for
finding that the benefits of the provision to the community as a whole
outweigh the cost and the most appropriate way of achieving the objectives
of the local law or subordinate local law is by restricting competition in the
way provided in the provision.
The local government must provide a copy of the contrary resolution to the
Minister.
Insertion of new section 893I (Public interest test reports open
to inspection)
For the purpose of transparency and accountability, a local government
must make its public interest test report available and accessible for
inspection by the public.
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Local Government Reform Implementation Bill 2007
Insertion of new section 893J (Repeal or amendment of anti-
competitive provision)
In the event that a local government resolves to repeal or amend an anti-
competitive provision contained in a local law or subordinate local law, the
local government is required under this provision to resolve to make a new
local law (or new subordinate local law) that repeals or amends the anti-
competitive provision in question. This provision further provides the
required steps to be taken by the local government for this process.
Insertion of new section 893K (Timing for resolution and
implementation)
Where a local government has conducted a public interest test regarding
anti-competitive provisions in its local laws, the local government is
required to resolve whether to implement recommendations of that public
interest test.
This provision requires a local government to make its resolution, and if
necessary implement it, on or before the expiry date of the review date.
Failure to make a required resolution and if necessary implement it, will
cause the local law or subordinate local law to expire.
Insertion of new section 893L (Regulation about public interest
tests and public interest test reports)
This provision details the elements which may be contained within a
regulation concerning public interest tests and public interest test reports.
Clause 13 (Amendment of ch 12, pt 4, hdg)
This amendment provides for the inclusion of consolidated local laws and
consolidated subordinate local laws.
Clause 14 (Insertion of new s 897B)
This provision allows a local government to prepare and adopt a certified
consolidated version of a local law - which in effect incorporates the
original local law with all its amendments in one legally-binding and
recognised bundle.
The provision also exempts a local government for complying with part 2
when making minor amendments to local laws or subordinate local laws if
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the local government consolidates the amendment into an existing local
law or subordinate local law.
Further, this provision will allow local governments to use certified copies
of consolidated local laws for public, evidentiary and internal use.
Clause 15 (Amendment of s 898 (Proof of local laws and
subordinate local laws))
This amendment provides for certified copies consolidated local laws and
consolidated subordinate local laws to be evidence of the content of local
law or subordinate local law.
Clause 16 (Amendment of s 899A (Definitions for pt 5))
(1) This provision amends the expiry date, by which a local government
must have completed the review of its local laws, to 2010 and provides for
subsequent expiry dates every 10 years thereafter.
(2) This provision amends the date by which a local government may
commence review of its local laws (first review date) to 1 January 2008 and
provides for subsequent review dates every 10 years thereafter.
The effect of these provisions is to align the dates for when a local
government must review its local laws and review its local laws for anti-
competitive provisions.
Clause 17 (Omission of ch 19, pt 1, div 4 (anti-competitive
provisions of existing local laws and existing subordinate local
laws)
This amendment repeals chapter 19, part 1, division 4 which has been made
redundant by the inclusion of chapter 12, part 2, division 6.
Clause 18 (Insertion of new ch 19, pt 12)
This amendment inserts an additional part (Part 12 Transition provisions
for Local Government Reform Act 2007) into chapter 19.
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Local Government Reform Implementation Bill 2007
Part 12 Transition provisions for Local
Government Reform Act 2007
Part 12 provides for the transition provisions relating to the Local
Government Reform Act 2007 and provides the following:
Insertion of new section 1274 (Review of anti-competitive
provisions of local laws and subordinate local laws made in
2007)
This provision exempts local laws and subordinate local laws made in the
year prior to a review period between 1 January 2007 and 1 December
2007 from the requirement to be reviewed for possible anti-competitive
provisions by 31 December 2010. Such local laws must be reviewed by 1
January 2020 to avoid expiry.
Insertion of new section 1275 (Public office for new local
government)
New section 1275 provides for the establishment of a public office of a new
local government established after the changeover day of the local
government reform process. The establishment of the new public office is
to occur within 1 year after the change-over day. Refer Clause 159YE for a
definition of changeover day.
Section 37 of the Local Government Act 1993 provides that a local
government must keep premise for use as its public office. The public
office must be in the local government's area or within a reasonable
distance outside its area. The public office is used to display certain
instruments (i.e. minutes of council meetings) required to be publicly
displayed under the Local Government Act 1993.
Where two or more local governments are abolished and a new local
government is formed, two or more public offices may exist from
changeover day. New section 1275 will ensure that the existing public
offices of a new local government are consolidated to one public office to
ensure that the public within the new local government area can easily
access information provided by local government.
One year is being provided to new local governments to establish one
public office to ensure easy accessibility of information for the public in
the new local government area. In the transition phase, there may exist
duplicate copies of instruments (i.e. local laws) that relate specifically to
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Local Government Reform Implementation Bill 2007
only one particular area within the local government, and as such, it would
be time-consuming and frustrating for members of the public in one district
of a local government area to have to travel to an entirely different district
within the new local government area to view an instrument. Therefore, it
is intended that the consolidation of instruments such as local laws will
occur simultaneously with the consolidation of two or more public offices
that may exist in a new local government area.
Clause 19 (Insertion of new schs 1A - 1C)
Clause 19 inserts new schedules in the Local Government Act 1993 to
reflect the changes proposed as per the recommendations of the 2007 Local
Government Reform Commission report. The schedules show the new
local governments, the adjusted local governments and continuing local
governments.
Schedule 1A Local government reform implementation
Part 1, Schedule 1A identifies new local government areas by name, class,
area map, electoral arrangements (divided/undivided) and composition, as
per the recommendations made in the 2007 Local Government Reform
Commission report.
Part 2, Schedule 1A identifies transferring local government areas who on
changeover day become adjusted local governments. The Schedule
identifies adjusted local government areas by name, class, area map,
electoral arrangements (divided/undivided) and composition.
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Local Government Reform Implementation Bill 2007
Part 3, Schedule 1A identifies new, adjusted, and continuing local
government areas by name, class, area map, electoral arrangements
(divided/undivided) and composition, as per the recommendations of the
2007 Local Government Reform Commission report and decisions taken
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Local Government Reform Implementation Bill 2007
by the government to alter a number of names and electoral arrangements
based on advice form local government.
Schedule 1B Composition of new transitional committees for
particular new local governments
The schedule details variation to the transitional committees for Cassowary
Coast Regional Council and Torres Strait Island Regional Council.
The variation to composition for the Cassowary Coast Regional Council
reflects the fact that it has an administrator appointed at the time of
introduction into Parliament.
The variation to composition for the Torres Strait Island Regional Council
is required due to the large number of previous councils and to provide a
workable number of members whilst ensuing representation for each island
community.
Schedule 1C Composition of transferring area local transition
committees
Schedule outlines details of membership of local transition committees for
areas to be transferred through the local government reform process. These
alter from other transitional committees in that they provide for chief
executive officers of the relevant councils to participate on the local
transition committees. There is no interim CEO to be appointed to these
councils.
20 Amendment of sch 2 (Dictionary)
Schedule 2 of the Local Government Act 1993 is amended by insertion of
further definitions relating to consolidated local laws, electoral
commission, minor amendment, the reform commission and transition
periods.
The amendment to the definition for `drafting certificate' removes the
requirement that a `lawyer' must sign a drafting certificate stating that a
proposed interim local law, proposed local law or subordinate local law has
been drafted in sufficient accordance with drafting standards prescribed
under a regulation for the law.
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Local Government Reform Implementation Bill 2007
Part 3 (Amendment of City of Brisbane
Act 1924)
Part 3 amends the City of Brisbane Act 1924 because the Local
Government Act 1993 provisions relating to elections for Brisbane City
Council do not apply.
Clause 21 (Act amended in pt 3)
Part 3 amends the City of Brisbane Act 1924 because the Local
Government Act 1993 provisions relating to elections for Brisbane City
Council do not apply.
Clause 22 (Insertion of new pt 2, div 5A)
Clause 22 inserts a new Division 5A into Part 2 of the City of Brisbane Act
1924 to provide for the 2008 quadrennial elections.
Division 5A Special Provisions for 2008
quadrennial elections
New Division 5A provides for Brisbane City Council 2008 quadrennial
elections to be in line with quadrennial local government elections for all
other local governments with respect to the date of the election and that the
electoral commission must conduct them.
Insertion of new section 17B (Quadrennial elections in 2008 to
be held on 15 March instead of 29 March)
This section provides for the date of the Quadrennial elections to be held on
15 March and that this date can be varied by regulation.
Insertion of new section 17C (Conduct of 2008 quadrennial
elections by electoral commission under s 17A)
This section provides that the electoral commission must conduct the
elections under 17A.
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Local Government Reform Implementation Bill 2007
Insertion of new section 17D (Expiry of div 5A)
This section provides provides for the expiry of the division on 31
December 2008 or at an earlier time fixed by regulation.
Schedule (Minor amendments)
The schedule amends the Local Government Act 1993 as follows:
1 Section 159E(1)(d) `other than as that division is applied
under section 159Z'- is omitted.
2 Chapter 18, Part 2-
Section 1205B Provision for amended s 428 provides that the word omit is
taken never to have been included in the amending provisions. This
amendment also provides that section 1205B expires at the end of the day
after it commences. This section is declared to be a law to which the Acts
Interpretation Act 1954, section 20A applies. A definition for amending
provision is also included in this amendment.
© State of Queensland 2007