South Australian Consolidated Acts South Australian Consolidated Acts (1) If the Minister
has reason to believe that a council has failed to efficiently or effectively
discharge—
(a) its
responsibilities under Subdivision 2 with respect to the amendment (or
possible amendment) of a Development Plan in a significant respect or to a
significant degree; or
(b) its
responsibilities under Subdivision 3 with respect to the preparation,
completion or implementation of a Strategic Directions Report in a significant
respect or to a significant degree,
then the Minister may appoint an investigator or investigators to carry out an
investigation and to report on the matter.
(2) The Minister must,
before making an appointment under subsection (1), give the council an
opportunity to explain its actions, and to make submissions (including, if
relevant, an indication of undertakings that the council is willing to give in
order to take remedial action), to the Minister within a period (being at
least 28 days) specified by the Minister.
(3) If the Minister
decides to proceed under subsection (1), the Minister must consult with
the President of the LGA with respect to the person or persons to be appointed
to carry out the investigation.
(4) An investigator
may, for the purposes of an investigation—
(a)
require a member or employee of the council to answer, orally or in writing,
questions put by the investigator to the best of his or her knowledge,
information and belief;
(b)
require a person to whom questions are put under paragraph (a) to verify
the answers to those questions by declaration;
(c)
require a person to produce for examination by the investigator books, papers
or other records relevant to the subject matter of the investigation;
(d)
retain books, papers or other records produced under paragraph (c) for
such reasonable period as the investigator thinks fit and make copies of any
of them or of any of their contents.
(5) Subject to
subsection (8), a person who refuses or fails to comply with a
requirement under subsection (4) is guilty of an offence.
Maximum penalty: $20 000.
(6) Subject to
subsection (8), a person is not excused from answering a question or from
producing books, papers or other records under this section on the ground that
to do so might tend to incriminate the person or make the person liable to a
penalty.
(7) However, if
compliance by a natural person with a requirement to answer a question or to
produce a book, paper or other record might tend to incriminate the person or
make the person liable to a penalty—
(a) in
the case of a person who is required to produce a book, paper or record, the
book, paper or record (as distinct from the contents of the book, paper or
record); or
(b) in
any other case, the answer given in compliance with the requirement,
is not admissible in evidence against the person in proceedings for an offence
or for the imposition of a penalty (other than proceedings in respect of the
making of a false or misleading statement).
(8) A person is not
obliged to provide information under this section that is privileged on the
ground of legal professional privilege.
(9) At the conclusion
of an investigation, the investigator or investigators must present a written
report to the Minister on the results of the investigation.
(10) The report may,
if the investigator or investigators think fit, include recommendations to the
Minister on what action (if any) should be taken in the circumstances.
(11) The Minister must
supply the council with a copy of a report presented under
subsection (9).
(12) The Minister may,
on the basis of a report presented under subsection (9)—
(a) make
recommendations to the council; or
(b) if
the Minister considers that the council has failed to efficiently or
effectively discharge—
(i)
its responsibilities under Subdivision 2 with respect to
the amendment (or possible amendment) of a Development Plan in a significant
respect or to a significant degree; or
(ii)
its responsibilities under Subdivision 3 with respect to
the preparation, completion or implementation of a Strategic Directions Report
in a significant respect or to a significant degree,
give directions to the council to take specified action with a view to
rectifying the matter or to preventing a recurrence of any failure.
(13) The Minister
must, before taking action under subsection (12), give the council an
opportunity to make submissions to the Minister on the report on which the
action is based within a period (being at least 28 days) specified by the
Minister.
(14) If—
(a) the
Minister makes a recommendation to the council under subsection (12)(a);
and
(b) the
Minister subsequently considers that the council has not, within a reasonable
period, taken appropriate action in view of the recommendation,
the Minister may, after consultation with the council, give directions to it.
(15) The council must
comply with a direction under subsection (12) or (14).
(16) No action in
defamation lies in respect of the contents of a report under this section.
(17) Nothing in this
section limits or affects—
(a) the
ability of the Minister to take action under another section of this Act; or
(b) the
operation of Chapter 13 Part 3 of the Local Government Act 1999
.