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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Local Government (Best Value Principles) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. New objective 2
4. Substitution of Division 3 of Part 9 2
Division 3--Best Value Principles 2
208A. Best Value Principles to be followed 2
208B. Best Value Principles 2
208C. Factors that may be looked at in applying the Principles 3
208D. Quality and cost standards 3
208E. When the Best Value Principles are to be implemented 4
208F. Standards to be publicly available 5
208G. Report on Best Value Principles compliance 5
208H. Ministerial Codes 5
208I. Ministerial guidelines 6
208J. Minister must consult 6
5. Repeal of other competitive tendering provisions 6
6. Change to restrictions concerning contracts 7
7. Additional regulation-making power 7
NOTES 8
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541005B.A1-2/12/99
PARLIAMENT OF VICTORIA
Initiated in Assembly 10 November 1999
As amended by Assembly 1 December 1999
A BILL
to amend the Local Government Act 1989 and for other purposes.
Local Government (Best Value
Principles) Act 1999
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Local Government Act 1989 to replace the
compulsory competitive tendering requirements
5 imposed on Councils with an obligation to ensure
that Councils seek the best value in providing
services.
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Local Government (Best Value Principles) Act 1999
s. 2
Act No.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. New objective
No. 11/1989.
5 After section 7(a) of the Local Government Act
Reprint No. 5
1989 insert--
as at 8 June
1999.
"(aa) to achieve the Best Value Principles set out
in section 208B;".
4. Substitution of Division 3 of Part 9
10 In Part 9 of the Local Government Act 1989, for
Division 3 substitute--
'Division 3--Best Value Principles
208A. Best Value Principles to be followed
A Council must comply with the Best Value
15 Principles.
208B. Best Value Principles
The Best Value Principles are--
(a) all services provided by a Council must
meet the quality and cost standards
20 required by section 208D;
(b) subject to section 6(1)(c), all services
provided by a Council must be
responsive to the needs of its
community;
25 (c) each service provided by a Council
must be accessible to those members of
the community for whom the service is
intended;
(d) a Council must achieve continuous
30 improvement in the provision of
services for its community;
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Local Government (Best Value Principles) Act 1999
s. 4
Act No.
(e) a Council must develop a program of
regular consultation with its community
in relation to the services it provides;
(f) a Council must report regularly to its
5 community on its achievements in
relation to the principles set out in
paragraphs (a), (b), (c), (d) and (e).
208C. Factors that may be looked at in applying
the Principles
10 In applying the Best Value Principles, a
Council may take into account, among other
factors--
(a) the need to review services against the
best on offer in both the public and
15 private sectors; and
(b) an assessment of value for money in
service delivery; and
(c) community expectations and values;
and
20 (d) the balance of affordability and
accessibility of services to the
community; and
(e) opportunities for local employment
growth or retention; and
25 (f) the value of potential partnerships with
other Councils and State and the
Commonwealth governments; and
(g) potential environmental advantages for
the Council's municipal district.
30 208D. Quality and cost standards
(1) A Council must develop quality and cost
standards for the provision of any service it
provides for its community.
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Act No.
(2) A quality or cost standard must set out the
performance outcomes determined by the
Council in relation to each service.
(3) In developing quality and cost standards a
5 Council must take into account the factors
listed in sections 208C(a), (b), (c), (d)
and (e).
(4) A Council may develop different quality and
cost standards for different classes of
10 services.
208E. When the Best Value Principles are to be
implemented
(1) A Council must, on or before 31 December
2000, develop a program for the application
15 of the Best Value Principles.
(2) A Council must ensure that the program
required by sub-section (1) is available to the
public.
(3) A Council must apply the Best Value
20 Principles to all of the services it provides on
or before 31 December 2005.
(4) Despite sub-section (3), if a Council was
providing a service on the commencement of
the Local Government (Best Value
25 Principles) Act 1999 and the service was
provided under an agreement between the
Council and another person, body or group
of people, the Council need not comply with
the Best Value Principles in respect of the
30 provision of that service until the expiry of
the agreement.
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Local Government (Best Value Principles) Act 1999
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Act No.
208F. Standards to be publicly available
A Council must ensure that any quality or
cost standards it adopts are available for
inspection by the public.
5 208G. Report on Best Value Principles
compliance
At least once every year a Council must
report to its community on what it has done
to ensure that it has given effect to the Best
10 Value Principles.
208H. Ministerial Codes
(1) The Minister may publish in the Government
Gazette one or more Codes in relation to
how Councils are to give effect to the Best
15 Value Principles.
(2) Without limiting the matters a Code may
deal with, a Code may--
(a) specify how often the Best Value
Principles are to be applied to a service;
20 (b) specify the minimum details that
quality and cost standards must contain;
(c) specify what records are to be kept in
relation to the application of the Best
Value Principles;
25 (d) specify maximum periods for
agreements entered into in accordance
with the Best Value Principles.
(3) A Council must comply with any obligation
imposed by such a Code that applies to the
30 Council.
(4) Any agreement or arrangement entered into
by a Council in contravention of sub-section
5
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(3) is not void only because of that
contravention.
208I. Ministerial guidelines
(1) The Minister may publish in the Government
5 Gazette guidelines for Councils in relation to
the Best Value Principles.
(2) If a Council deals with a matter in
accordance with an applicable guideline, it is
to be taken to have complied with the Best
10 Value Principles in respect of that matter.
208J. Minister must consult
(1) Before publishing a Code under section
208H or a guideline under section 208I, the
Minister must consult with any local
15 government body that the Minister thinks it
appropriate to consult with.
(2) In this section "local government body"
means--
(a) a Council;
20 (b) an organisation that the Minister
considers represents local government
interests and that the Minister has
declared, by notice published in the
Government Gazette, to be a local
25 government body.'.
5. Repeal of other competitive tendering provisions
In the Local Government Act 1989--
(a) in section 3(1), omit the definition of
"competitive tendering statement";
30 (b) sections 126(1)(aa) and (ac), 127B and
186(5)(e) are repealed;
(c) at the end of section 186(5)(d), omit "; or";
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Local Government (Best Value Principles) Act 1999
s. 6
Act No.
(d) in Schedule 12, item 11A is repealed.
6. Change to restrictions concerning contracts
In section 186(1) of the Local Government Act
1989, for "$50 000" substitute "$100 000".
5 7. Additional regulation-making power
In Schedule 12 of the Local Government Act
1989, for item 20 substitute--
"20. Any matter relating to Division 3 of Part 9
including--
10 (a) exempting a service or a class of
service from the application of the
Division;
(b) requiring Councils to report on any
matter under the Division and
15 specifying the form and contents of the
reports.".
7
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Local Government (Best Value Principles) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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