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TASMANIA
__________
LOCAL GOVERNMENT AMENDMENT
(MISCELLANEOUS) BILL 2018
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 16 amended (Municipal areas)
5. Section 28D amended (Documents relating to agendas)
6. Section 28V amended (Making code of conduct complaint
against councillor)
7. Section 28X amended (Amendment of code of conduct
complaint)
8. Section 28ZB amended (Dismissal of code of conduct complaint
on initial assessment)
9. Section 28ZE amended (Conduct of investigations generally)
10. Section 28ZK amended (Notification of determination of code of
conduct complaint)
11. Section 28ZNA inserted
28ZNA. Costs of training to be borne by council
12. Part 5: Heading amended
13. Section 52 amended (Non-application of Part)
14. Section 55 amended (Interests of employees and general
manager)
15. Section 56B amended (Gifts and donations register)
[Bill 49]-IV
16. Section 61 amended (Appointment of general manager)
17. Section 64 amended (Delegation by general manager)
18. Section 70G inserted
70G. Plans, strategies and policies to be published on
council website
19. Section 72 amended (Annual report)
20. Section 85 amended (Audit panels)
21. Section 186 amended (Towns)
22. Section 188 amended (Boundaries of towns)
23. Section 210 amended (Local Government Board)
24. Section 214E amended (Result of review)
25. Section 222 amended (Access to documents, &c.)
26. Section 224A inserted
224A. Board of Inquiry to provide report, &c. to Director
27. Section 226 amended (Dismissal of councillors)
28. Section 228 amended (Confidentiality)
29. Section 228A inserted
228A. Board of Inquiry to provide information to Director
30. Section 270 amended (Eligibility for nomination as councillor)
31. Section 310A inserted
310A. Non-application of Division
32. Section 338 substituted
338. Information
338AA. Director may require information, &c., for purposes
of investigation
33. Section 338A amended (Disclosure of information)
34. Section 339 amended (Improper use of information)
35. Section 339F amended (Customer service charter)
36. Section 340A amended (Allowances)
37. Section 349B inserted
349B. Transitional provisions consequent on Local
Government Amendment (Miscellaneous) Act 2018
38. Schedule 5 amended (Office of Councillors)
39. Repeal of Act
2
LOCAL GOVERNMENT AMENDMENT
(MISCELLANEOUS) BILL 2018
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
22 November 2018
(Brought in by the Minister for Local Government, the
Honourable Peter Carl Gutwein)
A BILL FOR
An Act to amend the Local Government Act 1993
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Local Government
Amendment (Miscellaneous) Act 2018.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 49] 3
Local Government Amendment (Miscellaneous) Act 2018
Act No. of 2018
s. 3
3. Principal Act
In this Act, the Local Government Act 1993* is
referred to as the Principal Act.
4. Section 16 amended (Municipal areas)
Section 16 of the Principal Act is amended by
inserting after subsection (5) the following
subsection:
(5AA) The Governor, by order, may amend or
substitute any item in column 1 of
Schedule 3 or substitute that Schedule so
as to give effect to an order made under
subsection (5).
5. Section 28D amended (Documents relating to
agendas)
Section 28D(1) of the Principal Act is amended
by omitting "a" second occurring and
substituting "the next".
6. Section 28V amended (Making code of conduct
complaint against councillor)
Section 28V(3) of the Principal Act is amended
by inserting after paragraph (f) the following
paragraphs:
(fa) be accompanied by a statutory
declaration, signed by the complainant or
_______________________________________________________________
*No. 95 of 1993
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Local Government Amendment (Miscellaneous) Act 2018
Act No. of 2018
s. 7
by each complainant, verifying the
accuracy of the information contained in
the complaint; and
(fb) contain details of all efforts made by the
complainant to resolve the issue that is
the subject of the complaint; and
7. Section 28X amended (Amendment of code of
conduct complaint)
Section 28X(2) of the Principal Act is amended
by omitting "amend the complaint with the
consent of the Code of Conduct Panel" and
substituting "not amend the complaint".
8. Section 28ZB amended (Dismissal of code of
conduct complaint on initial assessment)
Section 28ZB of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a) "or
vexatious" and substituting ", vexatious
or trivial";
(b) by inserting the following paragraph after
paragraph (a) in subsection (1):
(ab) the complainant has not made a
reasonable effort to resolve the
issue that is the subject of the
complaint; or
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Local Government Amendment (Miscellaneous) Act 2018
Act No. of 2018
s. 9
(c) by omitting from subsection (2) "or
vexatious" and substituting ", vexatious
or trivial".
9. Section 28ZE amended (Conduct of investigations
generally)
Section 28ZE of the Principal Act is amended by
inserting after subsection (5) the following
subsection:
(5A) A person who has been requested under
subsection (4) to provide any information
or document is to provide a statutory
declaration verifying the accuracy of that
information or document.
10. Section 28ZK amended (Notification of
determination of code of conduct complaint)
Section 28ZK of the Principal Act is amended as
follows:
(a) by omitting from subsection (4) "tabled
at" and substituting "included within an
item on the agenda for";
(b) by omitting from subsection (5)(a)
"tabled at" and substituting "included
within an item on the agenda for";
(c) by omitting from subsection (5)(b)
"tabled at" and substituting "included
within an item on the agenda for";
6
Local Government Amendment (Miscellaneous) Act 2018
Act No. of 2018
s. 10
(d) by inserting the following subsections
after subsection (5):
(6) If a determination is the subject
of a review, subsections (4) and
(5) do not apply until the review
is complete.
(7) Any person who receives a
determination report must keep
the determination report
confidential until the report is
included within an item on the
agenda for a meeting of the
relevant council.
Penalty: Fine not exceeding 50
penalty units.
(8) Any person who receives an
addendum must keep the
addendum confidential.
Penalty: Fine not exceeding 50
penalty units.
(9) Subsection (8) does not apply in
respect of -
(a) the circulation of the
addendum to councillors
as part of the documents
that are provided to the
councillors in relation to a
meeting referred to in
subsection (5); or
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Local Government Amendment (Miscellaneous) Act 2018
Act No. of 2018
s. 11
(b) discussing the addendum
with another person to
whom the addendum is
provided as part of the
documents provided in
accordance with this
section.
11. Section 28ZNA inserted
After section 28ZN of the Principal Act, the
following section is inserted in Subdivision 3:
28ZNA. Costs of training to be borne by council
(1) In this section -
determination report means the
written determination of a code of
conduct complaint by the Code of
Conduct Panel as required by
section 28ZJ.
(2) If, as a result of a determination report, a
councillor is required to undergo
training, the costs associated with that
training are to be borne by the relevant
council.
12. Part 5: Heading amended
Part 5 of the Principal Act is amended by
omitting "INTERESTS" from the heading to
that Part and substituting "PECUNIARY
INTERESTS".
8
Local Government Amendment (Miscellaneous) Act 2018
Act No. of 2018
s. 13
13. Section 52 amended (Non-application of Part)
Section 52(1)(d) of the Principal Act is amended
by inserting "all" after "payable to".
14. Section 55 amended (Interests of employees and
general manager)
Section 55 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsection:
(2) The general manager must -
(a) advise the council of the
existence of any interest notified
under subsection (1); and
(b) keep a register of any such
interest.
Penalty: Fine not exceeding 10 penalty
units.
15. Section 56B amended (Gifts and donations register)
Section 56B of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) The register is to be -
(a) available for public inspection at
the relevant council's office; and
(b) available on the relevant
council's website; and
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Local Government Amendment (Miscellaneous) Act 2018
Act No. of 2018
s. 16
(c) updated at least monthly.
16. Section 61 amended (Appointment of general
manager)
Section 61 of the Principal Act is amended by
omitting subsection (3) and substituting the
following subsection:
(3) If there is a vacancy in the position of
general manager and the council chooses
to invite applications for that vacancy,
the council is to place, in a daily
newspaper circulating in the municipal
area, a public notice inviting such
applications.
17. Section 64 amended (Delegation by general
manager)
Section 64 of the Principal Act is amended as
follows:
(a) by renumbering the text of the section as
subsection (1);
(b) by inserting the following subsection
after subsection (1):
(2) The general manager is to -
(a) keep a register of any
delegation; and
(b) make the register
available for inspection at
10
Local Government Amendment (Miscellaneous) Act 2018
Act No. of 2018
s. 18
a public office of the
council.
18. Section 70G inserted
After section 70F of the Principal Act, the
following section is inserted in Division 2:
70G. Plans, strategies and policies to be published
on council website
(1) Within one month after a council adopts
a plan, strategy or policy under this Part,
the council is to publish on its website a
copy of the plan, strategy or policy.
(2) A plan, strategy or policy is to remain on
the website until the plan, strategy or
policy is repealed or replaced.
19. Section 72 amended (Annual report)
Section 72(1)(ba) of the Principal Act is
amended by inserting "that were received and
the number" after "complaints".
20. Section 85 amended (Audit panels)
Section 85 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) An audit panel is not a special committee
for the purposes of this Act.
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Local Government Amendment (Miscellaneous) Act 2018
Act No. of 2018
s. 21
21. Section 186 amended (Towns)
Section 186(1)(c) of the Principal Act is
amended by omitting "alter" and substituting
"adjust".
22. Section 188 amended (Boundaries of towns)
Section 188(1) of the Principal Act is amended
by omitting "alteration" and substituting
"adjustment".
23. Section 210 amended (Local Government Board)
Section 210(2)(b) of the Principal Act is
amended by omitting "Local Government
Managers Australia (Tasmania)" and substituting
"Local Government Professionals Australia
(Tasmania)".
24. Section 214E amended (Result of review)
Section 214E(1) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (c) "alter"
and substituting "adjust";
(b) by omitting from paragraph (q) "alter"
and substituting "adjust".
12
Local Government Amendment (Miscellaneous) Act 2018
Act No. of 2018
s. 25
25. Section 222 amended (Access to documents, &c.)
Section 222(1)(a) of the Principal Act is
amended by omitting "and records" and
substituting "or records".
26. Section 224A inserted
After section 224 of the Principal Act, the
following section is inserted in Division 1:
224A. Board of Inquiry to provide report, &c. to
Director
If a Board of Inquiry submits a report of
its findings and recommendations to the
Minister and the Minister does not direct
the Board of Inquiry to reconsider its
report, the Board of Inquiry is to provide
to the Director copies of the report and
all documentation and other evidence on
which the findings and recommendations
in the report were based.
27. Section 226 amended (Dismissal of councillors)
Section 226 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(2A) On receipt of a recommendation by the
Minister, the Governor, by order, may
dismiss the councillor or all councillors.
13
Local Government Amendment (Miscellaneous) Act 2018
Act No. of 2018
s. 28
28. Section 228 amended (Confidentiality)
Section 228 of the Principal Act is amended by
inserting "other than those used by the Director
for the purposes of an investigation under
section 339EA" after "Right to Information Act
2009".
29. Section 228A inserted
After section 228 of the Principal Act, the
following section is inserted in Division 1:
228A. Board of Inquiry to provide information to
Director
A Board of Inquiry is to provide the
Director with any information arising
from the Board's investigation if
requested by the Director for the
purposes of an inquiry under
section 339EA.
30. Section 270 amended (Eligibility for nomination as
councillor)
Section 270(1)(c) of the Principal Act is
amended by inserting "223A," after
"section 48(6),".
31. Section 310A inserted
After section 310 of the Principal Act, the
following section is inserted in Division 9:
14
Local Government Amendment (Miscellaneous) Act 2018
Act No. of 2018
s. 32
310A. Non-application of Division
This Division does not apply in relation
to the vacancies in the offices of
councillors of a council caused by the
dismissal of all the councillors under this,
or any other, Act.
32. Section 338 substituted
Section 338 of the Principal Act is repealed and
the following sections are substituted:
338. Information
(1) In this section -
relevant person or body means the
Minister, the Treasurer, the
Director or the Board.
(2) A relevant person or body may -
(a) require a council to provide to the
relevant person or body
information in relation to the
activities of the council; and
(b) require a council to produce, or
give access to, any documents, or
records, that are in the possession
or control of the council; and
(c) inspect and take copies of, or take
extracts from, any such
information, document or record.
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Local Government Amendment (Miscellaneous) Act 2018
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s. 32
(3) A council on which a requirement is
imposed under subsection (2) must
comply with the requirement as soon as
practicable.
Penalty: Fine not exceeding 50 penalty
units.
338AA. Director may require information, &c., for
purposes of investigation
(1) For the purposes of investigating any
matter under section 339EA, the Director
may -
(a) require any person to produce, or
give access to, any information,
documents or records that the
Director considers may be
relevant to the investigation and
that are in the possession or
control of the person; and
(b) inspect and take copies of, or take
extracts from, any such
information, document or record;
and
(c) require any person to give such
assistance as the Director
requires.
(2) A person on whom a requirement is
imposed under subsection (1) must
comply with the requirement as soon as
practicable.
16
Local Government Amendment (Miscellaneous) Act 2018
Act No. of 2018
s. 33
Penalty: Fine not exceeding 50 penalty
units.
33. Section 338A amended (Disclosure of information)
Section 338A(1) of the Principal Act is amended
by omitting paragraph (b) and substituting the
following paragraph:
(b) that is, on the condition that it be kept
confidential, given to the councillor by
the mayor, deputy mayor, chairperson of
a meeting of the council or council
committee or the general manager.
34. Section 339 amended (Improper use of information)
Section 339 of the Principal Act is amended as
follows:
(a) by inserting in subsection (2) "or former
employee" after "An employee";
(b) by omitting from subsection (2) "such an
employee" and substituting "an employee
of the council or authority";
(c) by inserting the following subsection
after subsection (2):
(2A) A person must not make
improper use of any information
acquired by the person in relation
to a code of conduct
investigation.
17
Local Government Amendment (Miscellaneous) Act 2018
Act No. of 2018
s. 35
Penalty: Fine not exceeding 50
penalty units.
(d) by inserting in subsection (1) ", or a
former councillor, former member or
former member of an audit panel," after
"a member of an audit panel".
35. Section 339F amended (Customer service charter)
Section 339F(4) of the Principal Act is amended
by omitting "at least once every 2 years" and
substituting "within 12 months after a council
election".
36. Section 340A amended (Allowances)
Section 340A(5) of the Principal Act is amended
by inserting "or section 214O" after
"section 215(5)".
37. Section 349B inserted
After section 349A of the Principal Act, the
following section is inserted in Division 3:
349B. Transitional provisions consequent on Local
Government Amendment (Miscellaneous) Act
2018
(1) In this section -
commencement day means the day on
which the Local Government
18
Local Government Amendment (Miscellaneous) Act 2018
Act No. of 2018
s. 38
Amendment (Miscellaneous) Act
2018 commences.
(2) A complaint received by a general
manager before the commencement day
but not finalised before that day is to be
dealt with as if the Local Government
Amendment (Miscellaneous) Act 2018
had not commenced.
(3) A complaint received by a general
manager on or after the commencement
day is to be dealt with in accordance with
this Act as amended by the Local
Government Amendment (Miscellaneous)
Act 2018.
38. Schedule 5 amended (Office of Councillors)
Clause 3(1) of Schedule 5 to the Principal Act is
amended as follows:
(a) by omitting from paragraph (ea) "the
Legislative Council, or the House of
Assembly" and substituting "any
Parliament in Australia";
(b) by omitting from paragraph (eb) "the
Legislative Council, or the House of
Assembly, and is such a member for 12
months continuously during that term of
office as a councillor" and substituting
"any Parliament in Australia".
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s. 39
39. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
20 Government Printer, Tasmania