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PARLIAMENT OF VICTORIA
Local Government (Governance) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Changes concerning C.E.O. appointments 2
4. Insertion of section 95C 3
95C. Validity of decisions 3
5. Irrelevant sections not to apply to regional libraries 4
6. Change to method of setting maximum interest rate on unpaid
money 4
7. Request concerning transfer of former library land 4
NOTES 5
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PARLIAMENT OF VICTORIA
Initiated in Council 11 April 2000
A BILL
to amend the Local Government Act 1989 and the Libraries Act
1988 and for other purposes.
Local Government (Governance) Act
2000
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is--
(a) to make changes concerning the
reappointment of Chief Executive Officers of
5 Councils under the Local Government Act
1989; and
(b) to make other minor amendments to the
Local Government Act 1989; and
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Local Government (Governance) Act 2000
s. 2
Act No.
(c) to make a minor amendment to the Libraries
Act 1988.
2. Commencement
This Act comes into operation on the day after the
5 day on which it receives the Royal Assent.
3. Changes concerning C.E.O. appointments
(1) For section 94(4) of the Local Government Act
1989 substitute--
"(4) Sub-section (3) does not apply if--
10 (a) in the 6 months immediately before the
person's contract as Chief Executive
Officer is due to expire, the Council
passes a resolution to reappoint that
person as its Chief Executive Officer;
15 and
(b) at least 14 days before the resolution is
passed, public notice was given of the
intention to put the resolution; and
(c) the public notice contained--
20 (i) a statement that the passing of the
resolution would result in the
reappointment of the Chief
Executive Officer without the
position being advertised; and
25 (ii) any other details required by the
regulations.
(4A) Sub-section (3) also does not apply if a
Council appoints a person to act as its Chief
Executive Officer for a period of not more
30 than 12 months.".
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Local Government (Governance) Act 2000
s. 4
Act No.
(2) For section 94(6) of the Local Government Act
1989 substitute--
"(6) If a Council passes a resolution to reappoint
a person as its Chief Executive Officer
5 without advertising the position, the Council
must make details of the person's proposed
total remuneration as Chief Executive
Officer under the new contract available for
public inspection within 14 days after the
10 passing of the resolution.
(7) A contract of employment as Chief
Executive Officer between a Council and a
person is void if it is made--
(a) in circumstances that are contrary to
15 this section; or
(b) while a current contract of employment
as Chief Executive Officer with the
person exists and that current contract
is not due to expire for at least another
20 6 months (regardless of whether or not
the Chief Executive Officer's position
has been readvertised).".
(3) Section 95A(3A) of the Local Government Act
1989 is repealed.
25 4. Insertion of section 95C
After section 95B of the Local Government Act
1989 insert--
"95C. Validity of decisions
Anything done by a person purporting to act
30 as a Chief Executive Officer, or as a senior
officer, is not invalid merely because that
person's contract of employment as a Chief
Executive Officer, or senior officer, was void
at the time the thing was done.".
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Local Government (Governance) Act 2000
s. 5
Act No.
5. Irrelevant sections not to apply to regional libraries
In section 196(7) of the Local Government Act
1989--
(a) for paragraph (e) substitute--
5 "(e) sections 138, 144 (except sub-sections
(2)(a), (b) and (c)), 144A, 144B, 146,
150 and 153A;";
(b) for paragraph (g) substitute--
"(g) Part 11 (except sections 221, 222(1) to
10 the extent that it applies to voters' rolls,
225, 226, 227, 227AA, 229 and 230).".
6. Change to method of setting maximum interest rate
on unpaid money
For section 227A(3) and (4) of the Local
15 Government Act 1989 substitute--
"(3) The interest rate specified by the Council
must not be more than the rate fixed under
section 2 of the Penalty Interest Rates Act
1983.".
20 7. Request concerning transfer of former library land
For section 43(5)(a) of the Libraries Act 1988
substitute--
"(a) must be in the form, or contain the details,
required by the regulations; and".
25
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Local Government (Governance) Act 2000
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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