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PARLIAMENT OF VICTORIA
Dandenong Development Board Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Definitions 2
4. Objects of Act 3
5. Establishment 3
6. Functions 4
7. Powers 4
8. Direction of the Minister 5
9. Delegation 5
10. Constitution of the Board 6
11. Terms and conditions of office of members 7
12. Vacancies, resignations and removal from office 7
13. Acting appointments 8
14. Validity of decisions 8
15. Procedure at meetings of the Board 9
16. Resolutions without meetings 9
17. Disclosure of interests 10
18. Committees 11
19. Executive officer 12
20. Use of Departmental or Council staff 12
21. Corporate plan 13
22. Statement of corporate intent: contents 14
23. Corporate plan to be followed 15
24. Nothing void merely because of non-compliance 15
25. Board to give notice of significant events 15
26. Expiry 15
ENDNOTES 16
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PARLIAMENT OF VICTORIA
Initiated in Assembly 8 April 2003
A BILL
to establish the Dandenong Development Board and for other
purposes.
Dandenong Development Board Act
2003
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to establish the
Dandenong Development Board.
2. Commencement
5 (1) Subject to sub-section (2), this Act comes into
operation on a day to be proclaimed.
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(2) If this Act does not come into operation before
1 January 2004, it comes into operation on that
day.
3. Definitions
5 In this Act--
"appointed member" means a member of the
Board appointed under section 10(1)(a)
or (h);
"Board" means the Dandenong Development
10 Board established under this Act;
"Council" means the Greater Dandenong City
Council;
"Dandenong" means the municipal district of the
Greater Dandenong City Council under the
15 Local Government Act 1989;
"Department" means the Department of
Sustainability and Environment;
"ex-officio member" means a member of the
Board referred to in section 10(1)(b), (c), (d),
20 (e), (f) or (g);
"member" means an appointed member or an
ex-officio member;
"Secretary" means the person who is for the time
being the Department Head (within the
25 meaning of the Public Sector Management
and Employment Act 1998) of the
Department of Sustainability and
Environment.
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4. Objects of Act
The objects of this Act are--
(a) to promote Dandenong as a key centre for
employment, housing, service delivery and
5 community activity in south east Melbourne;
and
(b) to facilitate the economic, cultural and
community development of, and
employment growth in, Dandenong.
10 5. Establishment
(1) There is established by this Act a body by the
name of Dandenong Development Board.
(2) The Board--
(a) is a body corporate with perpetual
15 succession;
(b) has a common seal;
(c) may sue or be sued in its corporate name;
(d) may acquire, hold and dispose of real and
personal property;
20 (e) may do and suffer all acts and things that a
body corporate may by law do and suffer.
(3) The common seal of the Board must be kept as
directed by the Board and must not be used except
as authorised by the Board.
25 (4) All courts must take judicial notice of the seal of
the Board affixed to a document and, until the
contrary is proved, must presume that it was duly
affixed.
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6. Functions
The functions of the Board are--
(a) to facilitate the development of Dandenong
as a key centre for employment and services
5 for south east Melbourne; and
(b) to encourage activities (including community
and cultural activities) which contribute to
the role of Dandenong as a key centre for
community and culture in south east
10 Melbourne; and
(c) to recommend to the Minister infrastructure
and other works considered necessary to
facilitate development and economic and
cultural activity within Dandenong; and
15 (d) to encourage the development of housing
diversity within Dandenong, including
affordable housing; and
(e) to promote economic growth in Dandenong;
and
20 (f) to carry out any other functions conferred on
the Board by this Act.
7. Powers
(1) The Board has power to do all things necessary or
convenient to be done for or in connection with,
25 or as incidental to, the performance of its
functions.
(2) Without limiting sub-section (1), the Board may,
in connection with the performance of its
functions--
30 (a) undertake or contribute to studies or
investigations relating to--
(i) the planning, design and development
of Dandenong;
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(ii) identifying necessary infrastructure or
other public works within or relating to
the development of Dandenong;
(iii) identifying works or other activities to
5 be carried out by or on behalf of the
Council or of Government agencies in
Dandenong;
(b) enter into contracts, agreements or
arrangements with any person or body and
10 do everything, including the payment of
money, that is necessary or expedient for
carrying the contracts, agreements or
arrangements into effect;
(c) employ agents or contractors;
15 (d) with the approval of the Minister, act as
agent of another person;
(e) establish committees in accordance with
section 18.
8. Direction of the Minister
20 In the exercise of its powers and performance of
its functions, the Board is subject to the direction
and control of the Minister.
9. Delegation
The Board may, by instrument under its common
25 seal, delegate to--
(a) any member of the Board; or
(b) the executive officer of the Board; or
(c) with the Minister's approval, any member of
Council staff or employee of the
30 Department--
any power or function of the Board other than this
power of delegation.
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10. Constitution of the Board
(1) The Board is to consist of the following
9 members--
(a) a Chairperson;
5 (b) the person for the time being elected as the
Mayor of the Council, or his or her nominee;
(c) the person for the time being appointed as
the Chief Executive Officer of the Council,
or his or her nominee;
10 (d) the Secretary or his or her nominee;
(e) the person for the time being appointed as
the Secretary to the Department of
Innovation, Industry and Regional
Development or his or her nominee;
15 (f) the person for the time being appointed as
the Secretary to the Department of
Infrastructure or his or her nominee;
(g) the person for the time being appointed as
chief executive officer of the Urban and
20 Regional Land Corporation, or his or her
nominee;
(h) 2 persons who have business interests in
Dandenong.
(2) The Chairperson is to be appointed by the
25 Governor in Council on the recommendation of
the Minister.
(3) The persons referred to in sub-section (1)(h) are to
be appointed by the Governor in Council on the
recommendation of the Minister after considering
30 nominations from organisations that the Minister
considers represent local business interests in
relation to Dandenong.
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(4) If the Minister requests that organisations referred
to in sub-section (3) submit suitable nominations
to the Minister within a period specified in the
request, and the request is not complied with, the
5 Governor in Council may appoint persons
nominated by the Minister to the Board.
11. Terms and conditions of office of members
(1) An appointed member holds office for a term not
exceeding 4 years.
10 (2) An appointed member is eligible for
re-appointment.
(3) The instrument of appointment of an appointed
member may specify terms and conditions of
appointment not inconsistent with this Act.
15 (4) A member is not subject to the Public Sector
Management and Employment Act 1998 in
respect of the office of the member.
(5) A member referred to in section 10(1)(a), (b)
or (h) is entitled to receive the fees, travelling
20 expenses and other expenses (if any) fixed by the
Governor in Council.
12. Vacancies, resignations and removal from office
(1) The office of an appointed member becomes
vacant if the member--
25 (a) without the Board's approval, fails to attend
3 consecutive meetings of the Board; or
(b) becomes bankrupt, applies to take the benefit
of any law for the relief of bankrupt or
insolvent debtors, compounds with his or her
30 creditors or makes an assignment of his or
her remuneration for their benefit; or
(c) is convicted of an indictable offence or an
offence which, if committed in Victoria,
would be an indictable offence.
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(2) The Governor in Council may at any time remove
an appointed member from office.
(3) If an appointed member fails, without reasonable
excuse, to comply with section 17, the member
5 must be removed from office by the Governor in
Council.
(4) The office of an appointed member becomes
vacant if the member retires, resigns or dies.
(5) An appointed member may resign by writing
10 delivered to the Governor in Council.
(6) If there is a vacancy in the office of an appointed
member under sub-section (1), (2), (3), (4) or (5),
the vacancy must be filled in accordance with
section 10.
15 13. Acting appointments
If an appointed member is ill or absent, the
Governor in Council, on the recommendation of
the Minister, may appoint a person to act in the
office of that member during the period of illness
20 or absence.
14. Validity of decisions
(1) An act or decision of the Board is not invalid
merely because of--
(a) a defect or irregularity in, or in connection
25 with, the appointment of an appointed
member of the Board; or
(b) a vacancy in the membership of the Board,
including a vacancy arising from the failure
to appoint an original member.
30 (2) Anything done by or in relation to a person
purporting to act as an appointed member is not
invalid merely because--
(a) the occasion for the appointment had not
arisen; or
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(b) there was a defect or irregularity in relation
to the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not
5 arisen or had ceased.
15. Procedure at meetings of the Board
(1) Subject to sub-section (2), meetings of the Board
must be held at such times and places as the Board
determines.
10 (2) The Chairperson may at any time convene a
meeting but must do so when requested by a
member of the Board.
(3) The Chairperson, or in his or her absence, a
member elected by the members present, must
15 preside at a meeting of the Board.
(4) A majority of the members for the time being of
the Board constitute a quorum of the Board.
(5) A question arising at a meeting of the Board must
be determined by a majority of votes of members
20 present and voting on that question and, if voting
is equal, the person presiding has a casting, as
well as a deliberative, vote.
(6) The Board must ensure that minutes are kept of
each of its meetings.
25 (7) Subject to this Act, the Board may regulate its
own proceedings.
16. Resolutions without meetings
(1) If--
(a) the Board has taken reasonable steps to give
30 notice to each member setting out the terms
of a proposed resolution; and
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(b) a majority of members for the time being of
the Board sign a document containing a
statement that they are in favour of the
resolution in the terms set out in the
5 document--
a resolution in those terms is deemed to have been
passed at a meeting of the Board held on the day
on which the document is signed or, if the
members referred to in paragraph (b) do not sign it
10 on the same day, on the day on which the last of
those members signs the document.
(2) For the purposes of sub-section (1), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by one or
15 more members, are deemed to constitute one
document.
(3) If a resolution is deemed by this section to have
been passed at a meeting of the Board, each
member must as soon as practicable be advised of
20 the matter and given a copy of the resolution.
(4) The majority of members referred to in sub-
section (1)(b) must not include a member who,
because of section 17, is not entitled to vote on the
resolution.
25 17. Disclosure of interests
(1) If--
(a) a member has a direct or indirect pecuniary
interest in a matter being considered, or
about to be considered, by the Board; and
30 (b) the interest could conflict with the proper
performance of the member's duties in
relation to the consideration of the matter--
the member, as soon as practicable after the
relevant facts come to the member's knowledge,
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must disclose the nature of the interest at a
meeting of the Board.
(2) A disclosure under sub-section (1) must be
recorded in the minutes of the meeting and, unless
5 the Minister or the Board otherwise determines,
the member--
(a) must not be present during any deliberation
of the Board in relation to the matter; and
(b) must not take part in any decision of the
10 Board in relation to the matter.
(3) For the purpose of the making of a determination
by the Board under sub-section (2) in relation to a
member who has made a disclosure under sub-
section (1), a member who has a direct or indirect
15 pecuniary interest in the matter to which the
disclosure relates--
(a) must not be present during any deliberation
of the Board for the purpose of making the
determination; and
20 (b) must not take part in the making by the
Board of the determination.
(4) Sub-sections (1) and (2) do not apply in relation to
a matter relating to the supply of goods or services
to the member if the goods or services are, or are
25 to be, available to members of the public on the
same terms and conditions.
18. Committees
(1) The Board may--
(a) establish any committees it considers
30 necessary to assist in considering particular
issues;
(b) define the constitution and functions of each
committee so established;
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(c) determine the procedure of each committee;
(d) change the constitution or functions of a
committee;
(e) dissolve a committee.
5 (2) The Board may co-opt any person to be a member
of a committee.
(3) A co-opted member of a committee who is not--
(a) employed under Part 3 of the Public Sector
Management and Employment Act 1998;
10 or
(b) a member of Council staff--
is entitled to receive the fees, travelling expenses
and other expenses (if any) fixed by the Governor
in Council.
15 19. Executive officer
(1) An executive officer of the Board is to be
employed under Part 3 of the Public Sector
Management and Employment Act 1998.
(2) The executive officer has the day to day control
20 and management of the affairs of the Board.
20. Use of Departmental or Council staff
If the Board considers it necessary for the
performance of its functions, it may--
(a) with the approval of the Secretary, arrange
25 for the use of the services of any employee
(by secondment or otherwise) or facilities of
the Department; or
(b) enter into an agreement or arrangement with
the Council, for the use of the services of any
30 member of Council staff.
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21. Corporate plan
(1) The Board must prepare a corporate plan for each
financial year.
(2) The Board must give a copy of the proposed plan
5 to the Minister on or before 31 May in each year.
(3) The proposed corporate plan must be in or to the
effect of a form approved by the Minister and
must include--
(a) a statement of corporate intent in accordance
10 with section 22; and
(b) a business plan containing such information
as the Minister requires; and
(c) financial statements containing such
information as the Minister requires.
15 (4) The Board must consider any comments on the
proposed plan that are made to it by the Minister
within 2 months after the plan was submitted to
the Minister.
(5) The Board must consult in good faith with the
20 Minister following communication to it of the
comments, must make such changes to the plan as
are agreed between the Minister and the Board
and must deliver the completed plan to the
Minister within 2 months after commencement of
25 the financial year.
(6) The plan, or any part of the plan, must not be
published or made available except for the
purposes of this Act without the prior approval of
the Board and the Minister.
30 (7) The plan may be modified at any time by the
Board with the agreement of the Minister.
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(8) If the Board, by written notice to the Minister,
proposes a modification of the plan, the Board
may, within 14 days, make the modification
unless the Minister, by written notice to the
5 Board, directs the Board not to make it.
(9) The Minister may, from time to time, by written
notice to the Board, direct the Board to include in,
or omit from, a statement of corporate intent, a
business plan or a financial statement of a
10 specified kind, any specified matters.
(10) Before giving a direction under this section, the
Minister must consult with the Board as to the
matters to be referred to in the notice.
(11) The Board must comply with a direction under
15 this section.
(12) At any particular time, the statement of corporate
intent, the business plan or the financial
statements for the Board are the statements and
plan last completed, with any modifications or
20 deletions made in accordance with this Act.
22. Statement of corporate intent: contents
Each statement of corporate intent must specify
for the Board, in respect of the financial year to
which it relates and each of the 2 following
25 financial years, the following information--
(a) the business objectives of the Board;
(b) the main undertakings of the Board;
(c) the nature and scope of the activities to be
undertaken by the Board;
30 (d) the accounting policies to be applied in the
accounts;
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(e) the performance targets and other measures
by which the performance of the Board may
be judged in relation to its stated business
objectives;
5 (f) the kind of information to be provided to the
Minister by the Board during the course of
those financial years;
(g) such other matters as may be agreed on by
the Minister and the Board from time to
10 time.
23. Corporate plan to be followed
The Board must act only in accordance with its
corporate plan, as existing from time to time,
unless it has first obtained the written approval of
15 the Minister to do otherwise.
24. Nothing void merely because of non-compliance
Nothing done by the Board is void or
unenforceable merely because the Board has
failed to comply with section 21, 22 or 23.
20 25. Board to give notice of significant events
If the Board forms the opinion that matters have
arisen--
(a) that may prevent, or significantly affect,
achievement of the business objectives of the
25 Board under the corporate plan; or
(b) that may prevent, or significantly affect
achievement of the targets under the plan--
the Board must immediately notify the Minister of
its opinion and the reasons for the opinion.
30 26. Expiry
This Act expires on 30 June 2010.
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Dandenong Development Board Act 2003
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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