LOCAL GOVERNMENT ACT 1995 - SECT 8.15C

LOCAL GOVERNMENT ACT 1995 - SECT 8.15C

8.15C .         Minister may order that council be peremptorily suspended or required to undertake remedial action

        (1)         This section applies if the Minister thinks that —

            (a)         the seriousness or duration of a suspected failure of the council of a local government to ensure that the local government performs its functions properly; or

            (b)         such other factors as the Minister considers relevant,

                make it inappropriate for the council to act, or to continue to act, without intervention under this section, as the governing body of the local government, whether or not there has been an inquiry under Division 1.

        (2)         The Minister may —

            (a)         after receiving the local government’s response under section 8.15B(2); or

            (b)         after the time allowed by or under section 8.15B(2) runs out, if no response has been received by then,

                by order, do one or more of the following —

            (c)         suspend the council;

            (d)         require the council, or one or more of the members of the council, to undertake such remedial action as is specified in the order within the time specified in the order.

        (3)         An order under this section suspending a council ceases to have effect when —

            (a)         an Inquiry Panel is appointed to conduct an inquiry and make a report about the local government; or

            (b)         the council is reinstated by the Minister under section 8.28(3); or

            (c)         the period of 6 months from when the order was made ends,

                whichever happens soonest.

        [Section 8.15C inserted: No. 2 of 2012 s. 22; amended: No. 31 of 2018 s. 14.]

        [Heading inserted: No. 31 of 2018 s. 15.]