LOCAL GOVERNMENT ACT 2009 - SECT 170A Requests for assistance or information

LOCAL GOVERNMENT ACT 2009 - SECT 170A

170A Requests for assistance or information

(1) A councillor may ask a local government employee to provide advice to assist the councillor to carry out his or her responsibilities under this Act.

(2) A councillor may, subject to any limits prescribed under a regulation, ask the chief executive officer to provide information, that the local government has access to, relating to the local government.

Example of a limit prescribed under a regulation—

A regulation may prescribe the maximum cost to a local government of providing information to a councillor.

(3) If the advice or information requested under subsection (1) or (2) relates to a document, the requirement under subsection (9) to comply with the request includes a requirement to provide a copy of the document.

(4) Subsections (2) and (3) do not apply to information or a document—

(a) that is a record of the conduct tribunal; or

(b) that was a record of a former conduct review body; or

(c) if disclosure of the information or document to the councillor would be contrary to an order of a court or tribunal; or

(d) that would be privileged from production in a legal proceeding on the ground of legal professional privilege.

(5) A request of a councillor under subsection (1) or (2) is of no effect if the request does not comply with the acceptable requests guidelines.

(6) Subsection (5) does not apply to—

(a) the mayor; or

(b) the chairperson of a committee of a local government if the request relates to the role of the chairperson.

(7) The
"acceptable requests guidelines" are guidelines, adopted by resolution of the local government, about—

(a) the way in which a councillor may ask a local government employee for advice to help the councillor carry out his or her responsibilities under this Act; and

(b) reasonable limits on requests that a councillor may make.

(8) In this section a
"local government employee" includes a person prescribed under a regulation.

(9) The chief executive officer must comply with a request made to the chief executive officer under subsection (1) or (2) —

(a) within 10 business days after receiving the request; or

(b) if the chief executive officer reasonably believes it is not practicable to comply with the request within 10 business days—within 20 business days after receiving the request.

Penalty—

Maximum penalty—20 penalty units.

(10) If the chief executive officer forms the belief mentioned in subsection (9) (b) , the chief executive officer must give the councillor notice about the belief and the reasons for the belief within 10 business days after receiving the request.

(11) In this section—


"former conduct review body" means a regional conduct review panel or the Local Government Remuneration and Discipline Tribunal under this Act as in force before the commencement of the Local Government (Councillor Complaints) and Other Legislation Amendment Act 2018 , section 18 .