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CLAUSE NOTES
Glenorchy City Council (Dismissal of Councillors) Bill 2017
Clause 1: Short Title
Clause 1 specifiies the short title of this Act.
Clause 2: Commencement
Clause 2 provides that this Act will commence on the day it
receives Royal Assent.
Clause 3: Interpretation
Clause 3 sets out the definitions for “Board of Inquiry”,
“commencement day”, and “councillor”.
Clause 4: Councillors of Glenorchy City Council dismissed
Clause 4 provides that, despite any provision of the Local
Government Act 1993, councillors of the Glenorchy City Council
are taken to be dismissed on the day this Act commences.
Clause 5: Elections to be held on dismissal of councillors
Subclause 5(a) establishes 16 January 2018 as the closing day for
the election that is required to be held following the dismissal of
councillors under Clause 4.
Subclause 5(b) clarifies that Division 9 of Part 15 of the Local
Government Act 1993 – which relates to the filling of casual
vacancies in the office of a councillor – does not apply in
relation to the election that is required to be held following the
dismissal of councillors under Clause 4.
Clause 6: Dismissal and appointment of commissioners
Subclause 6(1) provides that on the commencement day, the
appointment of any person as the commissioner of the
Glenorchy City Council pursuant to section 230 (following
suspension of councillors) of the Local Government Act 1993 is
terminated.
Subclause 6(2) clarifies that this Act in no way prevents the
Governor from exercising his or her powers under the Local
Government Act 1993 in relation to the Glenorchy City Council, a
councillor of the Glenorchy City Council, or a commissioner of
the Glenorchy City Council. This provision provides for the
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appointment of a new Commissioner following dismissal, among
other things.
Clause 7: Effect of dismissal on inquiry into Glenorchy City Council
Subclause 7(1) provides that, where a report by a Board of
Inquiry on the Glenorchy City Council is – either prior to or after
the day this Act commences – submitted to the Minister, then
the Minister:
is not required to consult with any person or body
(including council or individual councillors) on the Board’s
findings and recommendations;
may issue directions to a person or body (including a
council or individual councillors) without having
considered submissions. This would be the case where the
directions were given to a newly-elected council after 16
January 2018; and
may consult with, and issue directions to, a commissioner
appointed to peform the functions of council. This would
be the case where the directions were issued before a
newly-elected council was in place.
Subclause 7(2) provides that a commissioner must comply with
any direction given by the Minister under subclause 7(1)(b).
Clause 8: Operation of this Act
Subclause (8)(1) clarifies that, if a provision of the Local
Government Act 1993 is inconsistent with a provision of this Act,
the provision of this Act has effect to the extent of the
inconsistency.
Subclause (8)(2) provides that nothing in this Act is to be taken to
prevent or affect any of the following in relation to the Glenorchy
City Council:
the conduct of an inquiry by a Board of Inquiry;
the making of recommendations by a Board of Inquiry; or
the submission of a Board of Inquiry report to the Minister.
Clause 9: Application of certain laws
Subclause (9)(1) provides that the rules of natural justice do not
apply in relation to the taking of any action under this Act or the
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taking of any action, in accordance with this Act, under the
Local Government Act 1993.
Subclause (9)(2) provides that the Minister is not required to
provide his or her reasons for making a decision, or taking any
action, under or for the purposes of this Act depsite any other
Act or law.
Subclause (9)(3) provides that the Judicial Review Act 2000 does
not apply in relation to a decision made by the Minister under
this Act.
Clause 10: Administration of Act
Clause 10 provides that, until provision is made under the
Administrative Arrangements Act 1990, the administration of this
Act is assigned to the Minister for Planning and Local
Government and that the Department of Premier and Cabinet is
the department responsible to the Minister.
Clause 11: Expiry of Act
Clause 11 provides that this Act will expire on 1 December 2018.
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