Table Of Contents

Local Government Act 2009

Queensland Crest
Local Government Act 2009
Queensland Local Government Act 2009 Current as at [Not applicable] Indicative reprint note This is an unofficial version of a reprint of this Act that incorporates all proposed amendments to the Act included in the Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Bill 2018. This indicative reprint has been prepared for information only— it is not an authorised reprint of the Act . The point-in-time date for this indicative reprint is the introduction date for the Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Bill 2018—6 March 2018. Amendments to this Act are also included in the Local Government (Councillor Complaints) and Other Legislation Amendment Bill 2018, the Local Government Legislation (Validation of Rates and Charges) Amendment Bill 2018 and the Plumbing and Drainage Bill 2018. These proposed amendments are not included in this indicative reprint. Detailed information about indicative reprints is available on the Information page of the Queensland legislation website.
© State of Queensland 2018 This work is licensed under a Creative Commons Attribution 4.0 International License.
Not authorised —indicative only Queensland Local Government Act 2009 Contents Chapter 1 1 2 3 4 5 6 Chapter 2 Part 1 7 8 9 10 11 12 13 Part 2 14 15 16 Part 3 Division 1 17 Division 2 18 19 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Purpose of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Local government principles underpin this Act . . . . . . . . . . . . . . 18 Relationship with City of Brisbane Act 2010 . . . . . . . . . . . . . . . . 19 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Local governments Local governments and their constitution, responsibilities and powers What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Local government’s responsibility for local government areas . . 20 Powers of local governments generally . . . . . . . . . . . . . . . . . . . . 20 Power includes power to conduct joint government activities . . . 21 Local governments are bodies corporate etc. . . . . . . . . . . . . . . . 22 Responsibilities of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Responsibilities of local government employees . . . . . . . . . . . . . 24 Divisions of local government areas What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Division of local government areas . . . . . . . . . . . . . . . . . . . . . . . 26 Review of divisions of local government areas . . . . . . . . . . . . . . 27 Changing a local government area, name or representation Introduction What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 The process for change Who may start the change process . . . . . . . . . . . . . . . . . . . . . . . 28 Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Local Government Act 2009 Contents Not authorised —indicative only 20 21 Division 3 22 23 24 25 Chapter 2A Part 1 25A Part 2 25B 25C 25D 25E 25F 25G 25H 25I 25J Chapter 3 Part 1 Division 1 26 27 Division 2 28 29 29A 29B 30 31 32 Division 3 34 Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Decisions under this division are not subject to appeal . . . . . . . . 30 The change commission Change commission is established . . . . . . . . . . . . . . . . . . . . . . . 30 Casual commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Conflict of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Annual report of change commission . . . . . . . . . . . . . . . . . . . . . 32 Joint local governments Preliminary What this chapter is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Establishment and operation of joint local governments Constitution of joint local governments . . . . . . . . . . . . . . . . . . . . 34 Establishment of joint local governments . . . . . . . . . . . . . . . . . . 35 Joint local governments are bodies corporate etc. . . . . . . . . . . . 35 Powers of joint local governments generally . . . . . . . . . . . . . . . . 36 Restriction on power to make or levy rates and charges . . . . . . 36 Limitation on powers of a component local government . . . . . . . 37 Chairperson and deputy chairperson . . . . . . . . . . . . . . . . . . . . . 37 Disbursement from operating fund of joint local government for purposes other than exclusive jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . 37 Winding up joint local governments . . . . . . . . . . . . . . . . . . . . . . . 38 The business of local governments Local laws Introduction What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Interaction with State laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Making, recording and reviewing local laws Power to make a local law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Local law making process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 State interest check . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Publication of local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Expiry of interim local law revives previous law . . . . . . . . . . . . . 42 Local law register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Consolidated versions of local laws . . . . . . . . . . . . . . . . . . . . . . 43 Local laws that can not be made What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Page 2
35 36 37 38 38AA Division 4 38AB Division 5 38A 38B Part 2 Division 1 39 40 41 Division 2 43 44 45 46 47 48 Part 3 Division 1 59 60 61 62 63 64 65 66 67 68 69 70 Local Government Act 2009 Contents Network connections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Election advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Development processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Anti-competitive provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Swimming pool safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Action by the Minister about particular local laws Suspending or revoking particular local laws . . . . . . . . . . . . . . . Miscellaneous Local law about seizing and disposing of personal property . . . . Owners’ liability for party houses . . . . . . . . . . . . . . . . . . . . . . . . . Beneficial enterprises and business activities Beneficial enterprises What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conducting beneficial enterprises . . . . . . . . . . . . . . . . . . . . . . . . Identifying beneficial enterprises . . . . . . . . . . . . . . . . . . . . . . . . . Business reform, including competitive neutrality What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ways to apply the competitive neutrality principle . . . . . . . . . . . . Identifying significant business activities . . . . . . . . . . . . . . . . . . . Assessing public benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Code of competitive conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . Competitive neutrality complaints . . . . . . . . . . . . . . . . . . . . . . . . Roads and other infrastructure Roads What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Control of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of intention to acquire land to widen a road . . . . . . . . . . . Compensation for a notice of intention to acquire land . . . . . . . . Appeal on a claim for compensation . . . . . . . . . . . . . . . . . . . . . . Acquisition of land instead of compensation . . . . . . . . . . . . . . . . What is to happen if a realignment is not carried out . . . . . . . . . Compensation if realignment not carried out . . . . . . . . . . . . . . . . Acquiring land for use as a footpath . . . . . . . . . . . . . . . . . . . . . . Notice to local government of opening or closing of roads . . . . . Closing roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Temporary roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 44 45 45 46 47 48 49 50 51 52 52 53 53 54 55 56 57 58 59 60 61 62 62 63 64 65 65 66 Page 3 Not authorised —indicative only
Local Government Act 2009 Contents Not authorised —indicative only 71 72 73 74 75 Division 2 76 77 78 79 80 Division 3 80A 80B Part 4 Division 1 81 Division 2 82 83 84 85 85A 86 Division 3 87 88 89 Part 5 90A 90B 90C 90D Chapter 4 Part 1 Road levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Assessment of impacts on roads from certain activities . . . . . . . 68 Categorisation of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Roads map and register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Unauthorised works on roads . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Stormwater drains What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Connecting stormwater installation to stormwater drain . . . . . . . 71 No connecting sewerage to stormwater drain . . . . . . . . . . . . . . . 72 No trade waste or prohibited substances in stormwater drain . . 74 Interference with path of stormwater . . . . . . . . . . . . . . . . . . . . . . 76 Other matters Malls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Ferry services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 The business of indigenous local governments Introduction What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Managing trust land What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Trustee business must be conducted separately . . . . . . . . . . . . 79 Meetings about trust land generally open to the public . . . . . . . . 79 Community forum input on trust change proposals . . . . . . . . . . . 80 Trust change decisions if no community forum . . . . . . . . . . . . . . 81 Grouping of trust land not available . . . . . . . . . . . . . . . . . . . . . . . 82 Community forums Community forums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Members of a community forum . . . . . . . . . . . . . . . . . . . . . . . . . 83 Payments to appointed members of a community forum . . . . . . 84 Caretaker period arrangements Caretaker period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Prohibition on major policy decision in caretaker period . . . . . . . 84 Invalidity of major policy decision in caretaker period without approval 85 Prohibition on election material in caretaker period . . . . . . . . . . 85 Finances and accountability Rates and charges Page 4
91 92 93 94 95 96 Part 2 97 98 99 100 Part 3 101 104 105 107 107A Part 4 108 109 110 111 112 Chapter 5 Part 1 Division 1 113 114 Division 2 115 116 117 118 119 Division 3 Local Government Act 2009 Contents What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Types of rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Land on which rates are levied . . . . . . . . . . . . . . . . . . . . . . . . . . Power to levy rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . Overdue rates and charges are a charge over rateable land . . . Regulations for rates and charges . . . . . . . . . . . . . . . . . . . . . . . Fees Cost-recovery fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Register of cost-recovery fees . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees on occupiers of land below the high-water mark . . . . . . . . Fees on residents of particular local government areas . . . . . . . Financial planning and accountability Statutory Bodies Financial Arrangements Act applies to local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Financial management systems . . . . . . . . . . . . . . . . . . . . . . . . . Auditing, including internal auditing . . . . . . . . . . . . . . . . . . . . . . . Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approval of budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Councillor’s financial accountability What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Councillor’s discretionary funds . . . . . . . . . . . . . . . . . . . . . . . . . . Councillors liable for improper disbursements . . . . . . . . . . . . . . Councillors liable for loans to individuals . . . . . . . . . . . . . . . . . . . Councillors liable for improper borrowings . . . . . . . . . . . . . . . . . Monitoring and enforcing the Local Government Acts Local governments Introduction What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decisions under this part are not subject to appeal . . . . . . . . . . Monitoring and evaluation Gathering information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acting on the information gathered . . . . . . . . . . . . . . . . . . . . . . . Advisors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Financial controllers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Costs and expenses of advisors and financial controllers . . . . . . Action by the Minister 86 86 88 90 90 91 91 92 93 94 94 94 96 96 97 98 98 98 99 99 100 101 101 102 102 103 104 Page 5 Not authorised —indicative only
Local Government Act 2009 Contents Not authorised —indicative only 120 121 122 123 124 Part 2 Division 1 Subdivision 1 125 126 Subdivision 2 127 Subdivision 3 128 129 130 131 132 133 134 134A 135 136 137 Division 2 138 138AA 138A 139 140 141 142 143 Precondition to remedial action . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Removing unsound decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Removing a councillor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Dissolving a local government . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Interim administrator acts for the councillors temporarily . . . . . . 108 The public Powers of authorised persons Introduction What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Producing authorised person’s identity card . . . . . . . . . . . . . . . . 110 Power to require a person’s name and address Power to require a person’s name and address . . . . . . . . . . . . . 111 Powers to enter property etc. Entering a public place that is open without the need for permission 112 Entering private property with, and in accordance with, the occupier’s permission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Entering private property with, and in accordance with, a warrant 114 Warrants—applications made electronically . . . . . . . . . . . . . . . . 115 Entering under an application, permit or notice . . . . . . . . . . . . . . 117 Entering property under an approved inspection program . . . . . 118 Approving an inspection program . . . . . . . . . . . . . . . . . . . . . . . . 119 Entry by authorised person, at reasonable times, to inspect regulated pools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 General powers after entering a property . . . . . . . . . . . . . . . . . . 122 Authorised person to give notice of damage . . . . . . . . . . . . . . . . 123 Compensation for damage or loss caused after entry . . . . . . . . . 124 Powers of other persons What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Notices for this division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Identity card for use under this division . . . . . . . . . . . . . . . . . . . . 126 Entry with, and in accordance with, permission of occupier . . . . 127 Entry by an owner, with reasonable entry notice, under a remedial notice 127 Occupier may discharge owner’s obligations . . . . . . . . . . . . . . . 128 Entry by a local government worker, with reasonable entry notice, under a remedial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Entry by a local government worker, with reasonable entry notice, to take Page 6
144 145 146 147 148 Part 3 Division 1 148A Division 2 148B 148C 148D Division 3 148E 148F 148G 148H 148I Part 4 149 150 150A Chapter 6 Part 1 151 Part 2 Division 1 152 153 154 155 156 157 Local Government Act 2009 Contents materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Entry by a local government worker, at reasonable times, to repair etc. facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Entry by a local government worker, at any time, for urgent action 132 Entry with, and in accordance with, a court order . . . . . . . . . . . . 132 Compensation for damage or loss caused . . . . . . . . . . . . . . . . . 134 Limitation of time in absence of notice of work done . . . . . . . . . . 134 Investigation of local government records Introduction What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Investigations by department Producing authorised officer’s identity card . . . . . . . . . . . . . . . . . 135 Making of inquiries for department . . . . . . . . . . . . . . . . . . . . . . . 135 Power to require information or document for department investigation 136 Investigations by local government Producing authorised person’s identity card . . . . . . . . . . . . . . . . 137 Making of inquiries for local government . . . . . . . . . . . . . . . . . . . 137 Power to require information or document for local government investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Referral to department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Chief executive officer not subject to direction . . . . . . . . . . . . . . 139 Offences Obstructing enforcement of Local Government Acts etc. . . . . . . 140 Impersonating authorised persons and authorised officers . . . . . 141 Duty to make documents available . . . . . . . . . . . . . . . . . . . . . . . 141 Administration Introduction What this chapter is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Councillors Qualifications of councillors Qualifications of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Disqualification for certain offences . . . . . . . . . . . . . . . . . . . . . . . 142 Disqualification of prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Disqualification because of other high office . . . . . . . . . . . . . . . . 144 Disqualification during bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . 145 Judicial review of qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Page 7 Not authorised —indicative only
Local Government Act 2009 Contents Not authorised —indicative only 158 Division 2 159 160 160A 160B Division 3 161 162 163 164 165 166 Division 4 167 Division 5 169 170 170A 171 171A 171B 175 Division 5A 175A 175B 175C 175D 175E 175F 175G 175H 175I Acting as councillor without authority . . . . . . . . . . . . . . . . . . . . . 146 Councillor’s term of office When a councillor’s term starts . . . . . . . . . . . . . . . . . . . . . . . . . . 146 When a councillor’s term ends . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Extension of term of councillors elected at fresh elections . . . . . 147 Compulsory leave without pay . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Vacancies in councillor’s office What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 When a councillor’s office becomes vacant . . . . . . . . . . . . . . . . 148 When a vacancy in an office must be filled . . . . . . . . . . . . . . . . . 149 Filling a vacancy in the office of mayor . . . . . . . . . . . . . . . . . . . . 149 Acting mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Filling a vacancy in the office of another councillor . . . . . . . . . . . 150 Councillors with other jobs Councillors and local government jobs . . . . . . . . . . . . . . . . . . . . 152 Obligations of councillors Obligations of councillors before acting in office . . . . . . . . . . . . . 152 Giving directions to local government staff . . . . . . . . . . . . . . . . . 153 Requests for assistance or information . . . . . . . . . . . . . . . . . . . . 153 Use of information by councillors . . . . . . . . . . . . . . . . . . . . . . . . 154 Prohibited conduct by councillor in possession of inside information 154 Obligation of councillor to correct register of interests . . . . . . . . 156 Post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Dealing with councillors’ personal interests in local government matters Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 Meaning of material personal interest . . . . . . . . . . . . . . . . . . . . . 158 Councillor’s material personal interest at a meeting . . . . . . . . . . 159 Meaning of conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Councillor’s conflict of interest at a meeting . . . . . . . . . . . . . . . . 161 Minister’s approval for councillor to participate or be present to decide matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 Duty to report another councillor’s material personal interest or conflict of interest at a meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Offence to take retaliatory action . . . . . . . . . . . . . . . . . . . . . . . . . 164 Offence for councillor with material personal interest or conflict of interest to influence others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Page 8
175J Division 6 176 176A 176B 176C 177 177A 178 179 180 181 181A 182 Part 3 183 184 185 186 187 188 Part 4 189 190 191 192 193 Part 5 Division 1 194 195 Division 2 196 197 Local Government Act 2009 Contents Records about material personal interests and conflicts of interests at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Conduct and performance of councillors What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 Application to former councillors . . . . . . . . . . . . . . . . . . . . . . . . . 169 Preliminary assessments of complaints . . . . . . . . . . . . . . . . . . . 170 Action after preliminary assessments . . . . . . . . . . . . . . . . . . . . . 171 Complaints referred to the department’s chief executive . . . . . . 173 Preliminary dealings with complaints before hearing . . . . . . . . . 174 Notifying councillor of the hearing of a complaint of misconduct . 175 Hearing and deciding complaints . . . . . . . . . . . . . . . . . . . . . . . . 175 Taking disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 Inappropriate conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Records about complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 Department’s chief executive is public official for Crime and Corruption Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 The tribunal Establishing the tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 Members of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 Remuneration and appointment conditions of members . . . . . . . 183 Costs of tribunal to be met by local government . . . . . . . . . . . . . 183 Conflict of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 Assistance from departmental staff . . . . . . . . . . . . . . . . . . . . . . . 184 Regional conduct review panels Appointing members of regional conduct review panels . . . . . . . 184 Remuneration and appointment conditions of members . . . . . . . 186 Costs of regional conduct review panels to be met by local government 186 Conflict of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 Assistance from departmental staff . . . . . . . . . . . . . . . . . . . . . . . 187 Local government employees Chief executive officer Appointing a chief executive officer . . . . . . . . . . . . . . . . . . . . . . . 187 Appointing an acting chief executive officer . . . . . . . . . . . . . . . . 187 Other local government employees Appointing other local government employees . . . . . . . . . . . . . . 188 Disciplinary action against local government employees . . . . . . 189 Page 9 Not authorised —indicative only
Local Government Act 2009 Contents Not authorised —indicative only Division 3 198 199 200 201 Part 6 202 203 204 204A 204B 204C Part 6A 204D 204E 204F Part 7 205 206 207 Part 8 208 209 210 211 Chapter 7 Part 1 212 213 214 215 Part 2 Division 1 216 216A Common provisions Concurrent employment of local government employees . . . . . . 189 Improper conduct by local government employees . . . . . . . . . . . 189 Use of information by local government employees . . . . . . . . . . 190 Annual report must detail remuneration . . . . . . . . . . . . . . . . . . . 191 Authorised persons Appointing authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . 191 End of appointment of authorised persons . . . . . . . . . . . . . . . . . 192 Identity card for authorised persons . . . . . . . . . . . . . . . . . . . . . . 193 Authorised persons must disclose change in criminal history . . . 193 Chief executive officer may obtain report from police commissioner 193 Use of criminal history information . . . . . . . . . . . . . . . . . . . . . . . 194 Authorised officers for the department Appointing authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 End of appointment of authorised officers . . . . . . . . . . . . . . . . . . 195 Identity card for authorised officers . . . . . . . . . . . . . . . . . . . . . . . 196 Interim management Interim management committee . . . . . . . . . . . . . . . . . . . . . . . . . 196 Conditions of appointment as interim administrator or member of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 End of appointment of interim management . . . . . . . . . . . . . . . . 197 The superannuation board Superannuation board (LGIAsuper Trustee) . . . . . . . . . . . . . . . . 197 LGIAsuper Trustee’s responsibilities . . . . . . . . . . . . . . . . . . . . . . 197 Board of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 Seal of LGIAsuper Trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 Other provisions Way to hold a hearing What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 Procedures at hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 Witnesses at hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 Contempt at hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 Superannuation Preliminary What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 Definitions for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 Page 10
216B 216C Division 2 217 218 219 219A Division 3 220 220A 220B 221 222 224 225 226 Part 3 Division 1 228 229 Division 2 230 231 232 233 Part 4 234 235 236 236A 237 237A Local Government Act 2009 Contents Who is permanent employee of a local government (other than the Brisbane City Council) or local government entity . . . . . . . . . . . . 203 Who is permanent employee of the Brisbane City Council . . . . . 204 LGIAsuper LGIAsuper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 LGIAsuper membership open to everyone . . . . . . . . . . . . . . . . . 205 LGIAsuper is default fund for particular employees . . . . . . . . . . 206 LGIAsuper Trustee may obtain details of salary changes for particular members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 Superannuation contributions for particular employees Amount of yearly contributions—particular employers . . . . . . . . 207 Amount of yearly contributions—permanent employees . . . . . . . 208 Reduction in contributions to prevent them exceeding concessional contributions cap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 Exemption from payment of yearly contributions on grounds of financial hardship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 Adjusting contributions if salary decreased . . . . . . . . . . . . . . . . . 210 Interest is payable on unpaid contributions . . . . . . . . . . . . . . . . . 211 Local governments must not establish employee superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 Super scheme for councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 Allocating Commonwealth funding to local governments Allocating Commonwealth funding Allocating Commonwealth funding . . . . . . . . . . . . . . . . . . . . . . . 212 Decisions under this division are not subject to appeal . . . . . . . . 213 The grants commission Grants commission is established . . . . . . . . . . . . . . . . . . . . . . . . 214 Members of grants commission . . . . . . . . . . . . . . . . . . . . . . . . . 214 Conflict of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215 Staff assistance to the grants commission . . . . . . . . . . . . . . . . . 216 Legal provisions False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . 216 Administrators who act honestly and without negligence are protected from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217 Who is authorised to sign local government documents . . . . . . . 218 Who is authorised to sign joint local government documents . . . 219 Name in proceedings by or against a local government . . . . . . . 219 Name in proceedings by or against a joint local government . . . 220 Page 11 Not authorised —indicative only
Local Government Act 2009 Contents Not authorised —indicative only 238 239 239A 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 Part 5 255 256 257 257A 258 259 260 Part 6 261 262 263 264 265 265A 266 268 Service of documents on local governments . . . . . . . . . . . . . . . . Substituted service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local Government Acts requiring a statement of a law . . . . . . . . Acting for a local government in legal proceedings . . . . . . . . . . . Attempt to commit offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Types of offences under this Act . . . . . . . . . . . . . . . . . . . . . . . . . Time to start proceedings in a summary way . . . . . . . . . . . . . . . Decisions not subject to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . Judges and other office holders not disqualified from adjudicating Where fines are to be paid to . . . . . . . . . . . . . . . . . . . . . . . . . . . Local government references in this Act . . . . . . . . . . . . . . . . . . . Evidence of local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidentiary value of copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidentiary value of certificates . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence of directions given to local government or joint local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence of complainant’s knowledge of matter . . . . . . . . . . . . . Constitution and limits of local government need not be proved . Delegation of powers Delegation of Minister’s powers . . . . . . . . . . . . . . . . . . . . . . . . . Delegation of department’s chief executive’s powers . . . . . . . . . Delegation of local government powers . . . . . . . . . . . . . . . . . . . Delegation of joint local government’s powers . . . . . . . . . . . . . . Delegation of mayor’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation of chief executive officer powers . . . . . . . . . . . . . . . . Local government delegations register . . . . . . . . . . . . . . . . . . . . Other provisions Public office of a local government . . . . . . . . . . . . . . . . . . . . . . . Powers in support of responsibilities . . . . . . . . . . . . . . . . . . . . . . Validity of local government proceedings . . . . . . . . . . . . . . . . . . Special entertainment precincts . . . . . . . . . . . . . . . . . . . . . . . . . Materials in infrastructure are local government property . . . . . . Land registry searches free of charge . . . . . . . . . . . . . . . . . . . . . Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Process for administrative action complaints . . . . . . . . . . . . . . . 220 220 221 221 222 222 223 224 224 225 225 226 226 227 228 228 228 229 229 229 229 230 231 231 231 231 232 232 233 233 234 235 235 Page 12
268A 269 270 270A Chapter 8 271 272 273 274 275 276 277 278 279 280 281 282 282A 283 286 287 288 289 290 291 Chapter 9 Part 1 292 Part 2 293 Part 3 294 Local Government Act 2009 Contents Advisory polls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 Information for the Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236 Regulation-making power for implementation of de-amalgamations 237 Transitionals, savings and repeals for Act No. 17 of 2009 and Act No. 23 of 2010 What this chapter is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238 Local governments, including joint local governments . . . . . . . . 238 Community governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239 Local service committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 Local government owned corporation . . . . . . . . . . . . . . . . . . . . . 240 Local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 Proceedings and evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 Super trust deed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 Registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 Remuneration schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 References to repealed LG Act . . . . . . . . . . . . . . . . . . . . . . . . . . 242 Continuation of implementation of reform . . . . . . . . . . . . . . . . . . 242 Continuation of instruments to implement reform . . . . . . . . . . . . 243 Administration of sinking fund for liquidation of current borrowings 244 Local Government Association . . . . . . . . . . . . . . . . . . . . . . . . . . 244 Continuing casual commissioners . . . . . . . . . . . . . . . . . . . . . . . . 245 Appeals against disciplinary action . . . . . . . . . . . . . . . . . . . . . . . 246 Superannuation for local government employees transferred to new water entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247 Other transitional and validation provisions Transitional provision for Revenue and Other Legislation Amendment Act 2011 References to City Super etc. in industrial instruments . . . . . . . . 248 Transitional provision for Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011 Continuation of implementation of matters under s 282A . . . . . . 248 Transitional provision inserted under the Local Government Electoral Act 2011 Continuation of particular local laws of Torres Strait Island Regional Page 13 Not authorised —indicative only
Local Government Act 2009 Contents Not authorised —indicative only Part 4 Division 1 295 296 Division 2 297 298 299 Part 5 300 Part 6 301 Part 7 Division 1 302 303 Division 2 304 305 306 Part 8 307 Part 9 308 309 310 311 Page 14 Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 Transitional provisions for Local Government and Other Legislation Amendment Act 2012 Transitional provisions about change of legal status Effect of change of legal status on existing local governments and joint local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251 Contractual rights etc. are unaffected . . . . . . . . . . . . . . . . . . . . . 252 Other transitional provisions Continuation of particular provisions for corporate entities . . . . . 253 Change in dealing with complaints . . . . . . . . . . . . . . . . . . . . . . . 254 Change in process for making local laws . . . . . . . . . . . . . . . . . . 254 Transitional provision for South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Superannuation for particular LinkWater employees transferred to Queensland Bulk Water Supply Authority . . . . . . . . . . . . . . . . . . 255 Transitional provision for Queensland Independent Remuneration Tribunal Act 2013 Amendment of regulation does not affect powers of Governor in Council 256 Transitional provisions for Local Government and Other Legislation Amendment Act 2013 Former corporate entities Exemption from continuation of particular provisions for corporate entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257 Continuation of particular provisions of other Acts for corporate entities 258 New local governments Definition for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258 Meeting to approve budget and levy rates and charges for period ending 30 June 2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259 Post-election meeting not required . . . . . . . . . . . . . . . . . . . . . . . 259 Validation provision for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Validation of rates charged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 Entry under existing application, permit or notice . . . . . . . . . . . . 260 Existing remedial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261 Existing inside information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
312 Part 10 313 314 Schedule 4 Local Government Act 2009 Contents Existing unpaid fine—where fine to be paid to . . . . . . . . . . . . . . Transitional provisions for Revenue and Other Legislation Amendment Act 2016 Change in name of board and scheme . . . . . . . . . . . . . . . . . . . . Existing membership and entitlements . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262 262 263 264 Not authorised —indicative only Page 15
Not authorised— indicative only
Local Government Act 2009 Local Government Act 2009 Chapter 1 Preliminary [s 1] An Act to provide a system of local government in Queensland, and for related purposes Not authorised —indicative only Chapter 1 Preliminary 1 Short title This Act may be cited as the Local Government Act 2009 . 2 Commencement (1) Amendments 20 and 21 of the Local Government Act 1993 in schedule 1 commence on assent. (2) The following provisions commence immediately before the repeal of the Local Government Act 1993 under section 289— (a) section 284; (b) the remaining amendments of the Local Government Act 1993 in schedule 1; (c) schedule 2. (3) Chapter 9, part 1 commences on 1 July 2009. (4) The remaining provisions of the Act commence on a day to be fixed by proclamation. 3 Purpose of this Act The purpose of this Act is to provide for— Current as at [Not applicable] Page 17
Not authorised —indicative only Local Government Act 2009 Chapter 1 Preliminary [s 4] (a) the way in which a local government is constituted and the nature and extent of its responsibilities and powers; and (b) a system of local government in Queensland that is accountable, effective, efficient and sustainable. Note— The system of local government consists of a number of local governments. See the Constitution of Queensland 2001 , section 70 (System of local government). 4 Local government principles underpin this Act (1) To ensure the system of local government is accountable, effective, efficient and sustainable, Parliament requires— (a) anyone who is performing a responsibility under this Act to do so in accordance with the local government principles; and (b) any action that is taken under this Act to be taken in a way that— (i) is consistent with the local government principles; and (ii) provides results that are consistent with the local government principles, in as far as the results are within the control of the person who is taking the action. (2) The local government principles are— (a) transparent and effective processes, and decision-making in the public interest; and (b) sustainable development and management of assets and infrastructure, and delivery of effective services; and (c) democratic representation, social inclusion and meaningful community engagement; and (d) good governance of, and by, local government; and Page 18 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 2 Local governments [s 5] (e) ethical and legal behaviour of councillors and local government employees. 5 Relationship with City of Brisbane Act 2010 Although the Brisbane City Council is a local government, the City of Brisbane Act 2010 , rather than this Act, provides for— (a) the way in which the Brisbane City Council is constituted and the nature and extent of its responsibilities and powers; and (b) a system of local government in Brisbane. Note— See the City of Brisbane Act 2010 , section 5. 6 Definitions The dictionary in schedule 4 defines particular words used in this Act. Chapter 2 Local governments Part 1 Local governments and their constitution, responsibilities and powers 7 What this part is about This part explains— (a) what a local government is; and (b) what a local government area is; and Current as at [Not applicable] Page 19
Not authorised —indicative only Local Government Act 2009 Chapter 2 Local governments [s 8] (c) the responsibilities and powers of a local government, its councillors and its employees. 8 Local government’s responsibility for local government areas (1) A local government is an elected body that is responsible for the good rule and local government of a part of Queensland. Note— This is provided for in the Constitution of Queensland 2001 , section 71 (Requirements for a local government). (2) A part of Queensland that is governed by a local government is called a local government area . Note— The Brisbane City Council is the local government for the City of Brisbane. For the local government area of the Brisbane City Council, see the City of Brisbane Act 2010 , section 7. (3) A local government area may be divided into areas called divisions . (4) A regulation may— (a) describe the boundaries of a local government area; or (b) describe the boundaries of any divisions; or (c) fix the number of councillors for a local government and any divisions of the local government area; or (d) name a local government area; or (e) classify a local government area as a city, town, shire or region. 9 Powers of local governments generally (1) A local government has the power to do anything that is necessary or convenient for the good rule and local government of its local government area. Page 20 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 2 Local governments [s 10] Note— Also, see section 262 (Powers in support of responsibilities) for more information about powers. (2) However, a local government can only do something that the State can validly do. (3) When exercising a power, a local government may take account of Aboriginal tradition and Island custom. (4) A local government may exercise its powers— (a) inside the local government area; or (b) outside the local government area (including outside Queensland)— (i) with the written approval of the Minister; or (ii) as provided in section 10(5). (5) When a local government is exercising a power in a place that is outside its local government area, the local government has the same jurisdiction in the place as if the place were inside its local government area. (6) Subsections (7) and (8) apply if a local government is a component local government for a joint local government. (7) Despite subsection (1), a local government may not, within the joint local government’s area, exercise a power for which the joint local government has jurisdiction. (8) However, the local government may exercise the power as a delegate of the joint local government. 10 Power includes power to conduct joint government activities (1) A local government may exercise its powers by cooperating with 1 or more other local, State or Commonwealth governments to conduct a joint government activity. (2) A joint government activity includes providing a service, or operating a facility, that involves the other governments. Current as at [Not applicable] Page 21
Not authorised —indicative only Local Government Act 2009 Chapter 2 Local governments [s 11] (3) The cooperation with another government may take any form, including for example— (a) entering into an agreement; or (b) creating a joint local government entity, or joint government entity, to oversee the joint government activity. (4) A joint government activity may be set up for more than 1 purpose. Example— Three local governments may create a joint local government entity to manage an aerodrome that services each of their local government areas, and may also enter into an agreement to sell water in bulk to 1 of the local governments. (5) A local government may exercise a power in another government’s area for the purposes of a joint government activity, in the way agreed by the governments. (6) However, if the power is to be exercised under a local law, the local law must expressly state that it applies to the other government’s area. Note— See section 29 for more information about making local laws. 11 Local governments are bodies corporate etc. A local government— (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue and be sued in its name. 12 Responsibilities of councillors (1) A councillor must represent the current and future interests of the residents of the local government area. (2) All councillors of a local government have the same responsibilities, but the mayor has some extra responsibilities. Page 22 Current as at [Not applicable]
Local Government Act 2009 Chapter 2 Local governments [s 12] Not authorised —indicative only (3) All councillors have the following responsibilities— (a) ensuring the local government— (i) discharges its responsibilities under this Act; and (ii) achieves its corporate plan; and (iii) complies with all laws that apply to local governments; (b) providing high quality leadership to the local government and the community; (c) participating in council meetings, policy development, and decision-making, for the benefit of the local government area; (d) being accountable to the community for the local government’s performance. (4) The mayor has the following extra responsibilities— (a) leading and managing meetings of the local government at which the mayor is the chairperson, including managing the conduct of the participants at the meetings; (b) preparing a budget to present to the local government; (c) leading, managing, and providing strategic direction to, the chief executive officer in order to achieve the high quality administration of the local government; (d) directing the chief executive officer and senior executive employees, in accordance with the local government’s policies; (e) conducting a performance appraisal of the chief executive officer, at least annually, in the way that is decided by the local government (including as a member of a committee, for example); (f) ensuring that the local government promptly provides the Minister with the information about the local government area, or the local government, that is requested by the Minister; Current as at [Not applicable] Page 23
Not authorised —indicative only Local Government Act 2009 Chapter 2 Local governments [s 13] (g) being a member of each standing committee of the local government; (h) representing the local government at ceremonial or civic functions. (5) A councillor who is not the mayor may perform the mayor’s extra responsibilities only if the mayor delegates the responsibility to the councillor. (6) When performing a responsibility, a councillor must serve the overall public interest of the whole local government area. 13 Responsibilities of local government employees (1) All employees of a local government have the same responsibilities, but the chief executive officer has some extra responsibilities. (2) All employees have the following responsibilities— (a) implementing the policies and priorities of the local government in a way that promotes— (i) the effective, efficient and economical management of public resources; and (ii) excellence in service delivery; and (iii) continual improvement; (b) carrying out their duties in a way that ensures the local government— (i) discharges its responsibilities under this Act; and (ii) complies with all laws that apply to local governments; and (iii) achieves its corporate plan; (c) providing sound and impartial advice to the local government; (d) carrying out their duties impartially and with integrity; Page 24 Current as at [Not applicable]
Local Government Act 2009 Chapter 2 Local governments [s 13] Not authorised —indicative only (e) ensuring the employee’s personal conduct does not reflect adversely on the reputation of the local government; (f) improving all aspects of the employee’s work performance; (g) observing all laws relating to their employment; (h) observing the ethics principles under the Public Sector Ethics Act 1994 , section 4; (i) complying with a code of conduct under the Public Sector Ethics Act 1994 . (3) The chief executive officer has the following extra responsibilities— (a) managing the local government in a way that promotes— (i) the effective, efficient and economical management of public resources; and (ii) excellence in service delivery; and (iii) continual improvement; (b) managing the other local government employees through management practices that— (i) promote equal employment opportunities; and (ii) are responsive to the local government’s policies and priorities; (c) establishing and implementing goals and practices in accordance with the policies and priorities of the local government; (d) establishing and implementing practices about access and equity to ensure that members of the community have access to— (i) local government programs; and (ii) appropriate avenues for reviewing local government decisions; Current as at [Not applicable] Page 25
Not authorised —indicative only Local Government Act 2009 Chapter 2 Local governments [s 14] (e) the safe custody of— (i) all records about the proceedings, accounts or transactions of the local government or its committees; and (ii) all documents owned or held by the local government; (f) complying with requests from councillors under section 170A— (i) for advice to assist the councillor carry out his or her role as a councillor; or (ii) for information, that the local government has access to, relating to the local government. Part 2 Divisions of local government areas 14 What this part is about (1) This part is about the number of electors that are to be in each division of a local government area, to ensure democratic representation. (2) This part does not apply to an indigenous regional council. 15 Division of local government areas (1) Each division of a local government area must have a reasonable proportion of electors. (2) A reasonable proportion of electors is the number of electors that is worked out by dividing the total number of electors in the local government area (as nearly as can be found out) by the number of councillors (other than the mayor), plus or minus— (a) for a local government area with more than 10,000 electors—10%; or Page 26 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 2 Local governments [s 16] (b) for any other local government area—20%. Examples— 1 If the total number of electors in the local government area is 15,000, and the number of councillors (other than the mayor) is 5, the reasonable proportion of electors is 3,000 (i.e. 15,000 divided by 5) plus or minus 10%, i.e. between 2,700 and 3,300 electors. 2 If the total number of electors in the local government area is 5,000, and the number of councillors (other than the mayor) is 5, the reasonable proportion of electors is 1,000 (i.e. 5,000 divided by 5) plus or minus 20%, i.e. between 800 and 1,200 electors. (3) When changing the divisions of a local government area, the reasonable proportion of electors must be worked out as near as practicable to the time when the change is to happen. 16 Review of divisions of local government areas A local government must, no later than 1 March in the year before the year of the quadrennial elections— (a) review whether each of its divisions has a reasonable proportion of electors; and (b) give the electoral commissioner and the Minister written notice of the results of the review. Part 3 Changing a local government area, name or representation Division 1 Introduction 17 What this part is about (1) This part is about making a local government change. (2) A local government change is a change of— (a) the boundaries of a local government area; or Current as at [Not applicable] Page 27
Not authorised —indicative only Local Government Act 2009 Chapter 2 Local governments [s 18] (b) any divisions of a local government area, other than the City of Brisbane; or (c) the number of councillors for a local government; or (d) the name of a local government area; or (e) the classification of a local government area (from a town to a city, for example). (3) In summary, the process for making a local government change is as follows— • assessment —the change commission assesses whether a proposed local government change is in the public interest • implementation —the Governor in Council implements the local government change under a regulation. (4) The change commission , which conducts the assessment phase of the process, is an independent body that is created under this Act. Note— See division 3 for the creation of the change commission. Division 2 The process for change 18 Who may start the change process Only the Minister may propose a local government change to the change commission. 19 Assessment (1) The change commission is responsible for assessing whether a local government change proposed by the Minister is in the public interest. (2) In doing so, the change commission must consider— (a) whether the proposed local government change is consistent with a Local Government Act; and Page 28 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 2 Local governments [s 20] (b) the views of the Minister about the proposed local government change; and (c) any other matters prescribed under a regulation. (3) The change commission may conduct its assessment in any way that it considers appropriate, including, for example, by— (a) asking for submissions from any local government that would be affected by the proposed local government change; or (b) holding a public hearing (in the way set out in chapter 7, part 1) to ask the public for its views about the proposed local government change. (4) However, the Minister may direct the change commission in writing to conduct its assessment of the proposed local government change in a particular way. (5) Despite subsection (3), the change commission must comply with the Minister’s direction. (6) The change commission must let the public know the results of its assessment and the reasons for the results, by publishing notice of the results— (a) in a newspaper that is circulating generally in the local government area; and (b) in the gazette; and (c) on the electoral commission’s website. (7) The change commission must also give the results of its assessment to the Minister. (8) The change commission may recommend that the Governor in Council implement the change commission’s assessment. 20 Implementation (1) The Governor in Council may implement the change commission’s recommendation under a regulation. Current as at [Not applicable] Page 29
Not authorised —indicative only Local Government Act 2009 Chapter 2 Local governments [s 21] (2) The regulation may provide for anything that is necessary or convenient to facilitate the implementation of the local government change. (3) For example, the regulation may provide for— (a) holding, postponing or cancelling a local government election; or (b) the transfer of assets and liabilities from a local government to another local government. (4) A local government is not liable to pay a State tax in relation to a transfer or other arrangement made to implement a local government change. (5) A State tax is a tax, charge, fee or levy imposed under an Act, other than a duty under the Duties Act 2001 . 21 Decisions under this division are not subject to appeal A decision of the change commission under this division is not subject to appeal. Note— See section 244 for more information. Division 3 The change commission 22 Change commission is established (1) The Local Government Change Commission (the change commission ) is established. (2) The change commission is made up of— (a) the electoral commissioner; or (b) any combination of the following persons that the electoral commissioner nominates— (i) the electoral commissioner; (ii) the deputy electoral commissioner; Page 30 Current as at [Not applicable]
Local Government Act 2009 Chapter 2 Local governments [s 23] (iii) a casual commissioner. Not authorised —indicative only 23 Casual commissioners (1) The Governor in Council may appoint the number of casual commissioners that the Governor in Council considers appropriate. (2) The Governor in Council must appoint a qualified person to be a casual commissioner. (3) A person is qualified to be a casual commissioner if the person— (a) has— (i) extensive knowledge of and experience in local government, public administration, law, public finance or community affairs; or (ii) other qualifications and experience that the Governor in Council considers appropriate; but (b) is not— (i) a member of an Australian Parliament; or (ii) a nominee for election as a member of an Australian Parliament; or (iii) a councillor; or (iv) a nominee for election as a councillor; or (v) a person who has accepted an appointment as a councillor; or (vi) a member of a political party; or (vii) a person who has a conviction for an indictable offence that is not an expired conviction. (4) A casual commissioner may be appointed for a term of not longer than 3 years. (5) A casual commissioner holds office on the conditions (including about fees and allowances, for example) that the Governor in Council decides. Current as at [Not applicable] Page 31
Not authorised —indicative only Local Government Act 2009 Chapter 2 Local governments [s 24] (6) A casual commissioner may resign by a signed notice of resignation given to the Minister. 24 Conflict of interests (1) This section applies if— (a) a person on the change commission has a direct or indirect financial interest in a matter being considered, or about to be considered, by the change commission; and (b) the interest could conflict with the proper performance of the person’s responsibilities for the matter. (2) The person must not take part, or take any further part, in the consideration of the matter. Maximum penalty—35 penalty units. (3) As soon as practicable after the person becomes aware that this section applies to the matter, the person must— (a) if the person is the electoral commissioner—direct the deputy electoral commissioner to constitute the change commission in the electoral commissioner’s place; or (b) otherwise—inform the electoral commissioner. Maximum penalty—35 penalty units. (4) If subsection (3)(b) applies, the electoral commissioner must take the person’s place. 25 Annual report of change commission (1) The electoral commissioner must prepare a report about the change commission’s operations during each financial year. (2) The report must include details of the following directions given to the change commission by the Minister during the financial year for which the report is prepared— (a) a direction given under section 19(4); Page 32 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 2A Joint local governments [s 25A] (b) a direction given under the City of Brisbane Act 2010 , section 21(4). (3) The electoral commissioner must give a copy of the report to the Minister, before the end of the first October after the financial year. (4) The electoral commissioner must include the report in the annual report of the electoral commission (that is prepared under the Electoral Act, section 18). (5) The electoral commissioner must ensure that the public can inspect copies of the report— (a) at the electoral commission’s office in Brisbane; and (b) on the electoral commission’s website. Chapter 2A Joint local governments Part 1 Preliminary 25A What this chapter is about (1) This chapter explains what a joint local government is and its responsibilities and powers. Note— For other flexible forms of cooperation between local governments, see section 10. (2) A joint local government is an entity that, within a joint local government area, takes over particular responsibilities from its component local governments. (3) A joint local government area is a part of the State that consists of the whole or parts of 2 or more local government areas of component local governments. Current as at [Not applicable] Page 33
Not authorised —indicative only Local Government Act 2009 Chapter 2A Joint local governments [s 25B] (4) A component local government is a local government entitled to be represented on a joint local government, either in its own right or as a member of a group of local governments. (5) In this chapter local government includes the Brisbane City Council. Part 2 Establishment and operation of joint local governments 25B Constitution of joint local governments (1) Before establishing a joint local government, the proposed component local governments must reach agreement about the constitution of the joint local government. (2) The constitution of a joint local government is a document setting out the following— (a) the name of the joint local government; (b) the responsibilities to be transferred to the joint local government from its component local governments; (c) the boundaries of the joint local government area; (d) the number of members of the joint local government to which each component local government is entitled; (e) the process for appointing members; (f) the proportion of the cost of the operations of the joint local government that must be contributed by each of its component local governments; (g) the recovery of the cost of the operations of the joint local government; (h) another matter— (i) for which it is necessary or convenient to provide for the joint local government’s establishment or operation; but Page 34 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 2A Joint local governments [s 25C] (ii) for which this Act does not make provision or adequate provision. (3) The boundaries of a joint local government area may not be beyond the boundaries of its component local governments. (4) Only a councillor of a component local government may be a member of a joint local government. (5) The members of a joint local government are not entitled to any additional remuneration or allowances for being members of the joint local government. 25C Establishment of joint local governments (1) A joint local government is established for an area if 2 or more local governments approve, by resolution, the constitution for the joint local government. (2) Two or more joint local governments may be established for the same joint local government area, or part of a joint local government area, if the joint local governments are to have different functions. (3) Each component local government must ensure the public may inspect or purchase a copy of an approved constitution for the joint local government at the component local government’s public office. 25D Joint local governments are bodies corporate etc. A joint local government— (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue and be sued in its name. Current as at [Not applicable] Page 35
Not authorised —indicative only Local Government Act 2009 Chapter 2A Joint local governments [s 25E] 25E Powers of joint local governments generally (1) A joint local government has the same powers as a local government to do anything that is necessary or convenient for performing its responsibilities. Notes— 1 For the powers of a local government, see sections 9 and 262. 2 A joint local government only has the responsibilities given to it by its component local governments under its constitution. See section 25B(2). (2) In exercising a power under subsection (1), a joint local government has the same limitations and obligations that its component local governments would have under this or another Act in exercising the power. Example— If a component local government must comply with particular requirements before exercising a power under an Act, a joint local government must also comply with the requirements before exercising the same power. (3) For the purpose of subsections (1) and (2), a reference to a local government in this or another Act is taken to include a reference to a joint local government. (4) A joint local government may exercise its powers in its own name. 25F Restriction on power to make or levy rates and charges (1) A joint local government can not make or levy any rates or charges on land. (2) A component local government of a joint local government may make or levy rates and charges on land for a matter within its jurisdiction, even though— (a) the land is within the joint local government’s area; and (b) the purpose for the rates or charges relates to a matter within the joint local government’s jurisdiction. Page 36 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 2A Joint local governments [s 25G] 25G Limitation on powers of a component local government (1) A component local government may not, within a joint local government area, exercise a power for which the joint local government has jurisdiction. (2) However, the component local government may exercise the power as a delegate of the joint local government. 25H Chairperson and deputy chairperson A joint local government must appoint a chairperson and deputy chairperson from its members, by resolution, at— (a) the first meeting of the joint local government; and (b) at its first meeting after each quadrennial election after the meeting mentioned in paragraph (a). 25I Disbursement from operating fund of joint local government for purposes other than exclusive jurisdiction (1) A joint local government may make a disbursement from its operating fund for any purpose that— (a) is not within the exclusive jurisdiction of the joint local government; but (b) is within the jurisdiction of its component local governments. (2) However, the disbursement may be made only if— (a) the joint local government has, by resolution, decided the amount of the disbursement is not required for exercising its exclusive jurisdiction; and (b) the component local governments approve the purpose for which the disbursement is to be made. (3) The approval may be given for the purpose for disbursements in more than 1 financial year. (4) A disbursement under this section may be made— Current as at [Not applicable] Page 37
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 25J] (a) to a component local government or another entity; or (b) directly by the joint local government. 25J Winding up joint local governments (1) A joint local government may, by resolution, decide to wind up the joint local government. (2) If a joint local government acts under subsection (1), the joint local government must cease to carry out activities except so far as is required for winding up the joint local government. Chapter 3 The business of local governments Part 1 Local laws Division 1 Introduction 26 What this part is about (1) This part is about local laws. (2) A local law is a law made by a local government. (3) Unless there is a contrary intention, a reference in this Act to a local law includes a reference to— (a) an interim local law; and (b) a subordinate local law; and (c) a local law that incorporates a model local law. (4) An interim local law is a local law that has effect for 6 months or less. Page 38 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 27] (5) A subordinate local law is a local law that— (a) is made under a power contained in a local law; and (b) provides for the detailed implementation of the broader principles contained in the local law. (6) A subordinate local law is called that because it is subordinate to the local law under which it is made, so that if there is any inconsistency between the subordinate local law and the local law, the local law prevails to the extent of the inconsistency. (7) The Minister may approve, by gazette notice, a local law as being suitable for incorporation by all local governments into their local laws. (8) This type of local law is a model local law . 27 Interaction with State laws If there is any inconsistency between a local law and a law made by the State, the law made by the State prevails to the extent of the inconsistency. Division 2 Making, recording and reviewing local laws 28 Power to make a local law (1) A local government may make and enforce any local law that is necessary or convenient for the good rule and local government of its local government area. (2) However, a local government must not make a local law— (a) that sets a penalty of more than 850 penalty units for each conviction of failing to comply with a local law, including each conviction when there is more than 1 conviction for a continuing offence or repeat offence; or (b) that purports to stop a local law being amended or repealed in the future; or Current as at [Not applicable] Page 39
Local Government Act 2009 Chapter 3 The business of local governments [s 29] (c) about a subject that is prohibited under division 3. Not authorised —indicative only 29 Local law making process (1) A local government may decide its own process for making a local law to the extent that the process is not inconsistent with this part. (2) A local government makes a local law by passing a resolution to make the local law. (3) If a local government proposes to make a local law about a matter (the new local law ) and there is an existing local law about the same matter that would be inconsistent with the new local law, the local government must amend or repeal the existing local law so that there is no inconsistency. Note— The new local law may include the amendment or repeal of the inconsistent law in the same instrument. (4) An interim local law must include a provision stating when the law expires. (5) A local government must ensure its local laws are drafted in compliance with the guidelines issued by the Parliamentary Counsel under the Legislative Standards Act 1992 , section 9 for local laws and subordinate local laws. (6) To remove any doubt, it is declared that a local government does not have to carry out any public consultation before making either of the following— (a) an interim local law; (b) a local law that only incorporates a model local law and does not contain an anti-competitive provision. 29A State interest check (1) This section applies if a local government proposes to make a local law other than the following— (a) a local law that incorporates a model local law; Page 40 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 29B] (b) a subordinate local law. (2) However, this section also applies to a local law that incorporates a model local law if the local law includes more than— (a) the model local law; or (b) any amendment or repeal of an existing local law that would be inconsistent with the model local law. (3) A local government must consult with relevant government entities about the overall State interest in the proposed local law before making the local law. 29B Publication of local laws (1) A local government must let the public know that a local law has been made by the local government, by publishing a notice of making the local law— (a) in the gazette; and (b) on the local government’s website. (2) The notice must be published within 1 month after the day when the local government made the resolution to make the local law. (3) The notice in the gazette must state— (a) the name of the local government; and (b) the date when the local government made the resolution to make the local law; and (c) the name of the local law; and (d) the name of any existing local law that was amended or repealed by the new local law. (4) The notice on the local government’s website must state— (a) the name of the local government; and (b) the date when the local government made the resolution to make the local law; and Current as at [Not applicable] Page 41
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 30] (c) the name of the local law; and (d) the name of any existing local law that was amended or repealed by the new local law; and (e) if the local law incorporates a model local law—that fact; and (f) if the local law is an interim local law—that fact, and the date on which the interim local law expires; and (g) if the local law is a subordinate local law—the name of the local law that authorises the subordinate local law to be made; and (h) the purpose and general effect of the local law; and (i) if the local law contains an anti-competitive provision— that fact; and (j) that a copy of the local law may be— (i) inspected and purchased at the local government’s public office; and (ii) viewed by the public on the department’s website. (5) As soon as practicable after the notice is published in the gazette, the local government must ensure a copy of the local law may be inspected and purchased by the public at the local government’s public office. (6) A copy of a local law must cost no more than the cost to the local government of making the copy available for purchase. (7) Within 14 days after the notice is published in the gazette, the local government must give the Minister— (a) a copy of the notice; and (b) a copy of the local law in electronic form. 30 Expiry of interim local law revives previous law (1) This section applies if— (a) an interim local law amends or repeals a local law; and Page 42 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 31] (b) the interim local law expires; and (c) the interim local law is not made (either with or without change) as a local law. (2) When the interim local law expires— (a) the local law is revived in its previous form; and (b) any subordinate local law or provision of a subordinate local law, that stopped having effect because the local law was amended or repealed, is revived in its previous form. (3) The previous form of a local law, subordinate local law, or provision of a subordinate local law is the form it was in immediately before the interim local law commenced. (4) This section does not affect anything that was done or suffered under the interim local law before it expired. (5) This section applies despite the Acts Interpretation Act 1954 , section 19. 31 Local law register (1) A local government must keep a register of its local laws, in the way that is required under a regulation. (2) The public may inspect the register at the local government’s public office. (3) The department’s chief executive must keep a database of all local governments’ local laws and ensure a copy of the database may be viewed by the public on its website. 32 Consolidated versions of local laws (1) A local government may prepare and adopt a consolidated version of a local law. (2) A consolidated version of a local law is a document that accurately combines a local government’s local law, as it was originally made, with all the amendments made to the local law since the local law was originally made. Current as at [Not applicable] Page 43
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 34] (3) When the local government adopts the consolidated version of the local law, the consolidated version is taken to be the local law, in the absence of evidence to the contrary. (4) Within 7 days after the local government adopts the consolidated version of the local law, the local government must give a copy of the consolidated version to the Minister. Division 3 Local laws that can not be made 34 What this division is about This division specifies the subjects that a local government must not make a local law about. 35 Network connections (1) A local government must not make a local law that regulates network connections. (2) A network connection is an installation that has the sole purpose of connecting a home or other structure to an existing telecommunications network. (3) A local law, to the extent that it is contrary to this section, has no effect. 36 Election advertising (1) A local government must not make a local law that— (a) prohibits or regulates the distribution of how-to-vote cards; or (b) prohibits the placement of election signs or posters. (2) A how-to-vote card includes a how-to-vote card under the Electoral Act. (3) An election sign or poster is a sign or poster that is able, or is intended, to— Page 44 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 37] (a) influence a person about voting at any government election; or (b) affect the result of any government election. (4) A government election is an election for a local, State or Commonwealth government. (5) A local law, to the extent that it is contrary to this section, has no effect. 37 Development processes (1) A local government must not make a local law that establishes an alternative development process. (2) An alternative development process is a process that is similar to or duplicates all or part of the development assessment process under the Planning Act. (3) However, if a local law already contains a provision that establishes an alternative development process, the council may amend or repeal the provision at any time. (4) A local law has no effect to the extent that it is contrary to this section. (5) This section does not apply to a local government’s local law about any of the following matters unless the matter is covered by the local government’s planning scheme, the Planning Act or another instrument made under that Act— (a) advertising devices; (b) gates and grids; (c) roadside dining. 38 Anti-competitive provisions (1) A local government must not make a local law that contains an anti-competitive provision unless the local government has complied with the procedures prescribed under a regulation for the review of anti-competitive provisions. Current as at [Not applicable] Page 45
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 38AA] (2) A local law, to the extent that it is contrary to this section, has no effect. (3) This section does not apply to an interim local law. 38AA Swimming pool safety (1) A local government must not make a local law that regulates— (a) the construction or maintenance of barriers for a regulated pool; or (b) a matter for ensuring the safety of persons using a regulated pool and prescribed under the Building Act, section 231D(1), definition pool safety standard , paragraph (b). (2) If a local law that is in force before the commencement of this section contains a provision that regulates a matter mentioned in subsection (1), the local government— (a) must not amend the provision after the commencement; and (b) must repeal the provision by 1 January 2017. (3) A local law, to the extent that it is contrary to this section, has no effect. (4) In this section— barriers , for a regulated pool, includes any of the following— (a) the fencing for the pool; (b) the walls of a building enclosing the pool; (c) another form of barrier mentioned or provided for in the pool safety standard under the Building Act. Page 46 Current as at [Not applicable]
Not authorised —indicative only Division 4 Local Government Act 2009 Chapter 3 The business of local governments [s 38AB] Action by the Minister about particular local laws 38AB Suspending or revoking particular local laws (1) This section applies if the Minister reasonably believes a local law— (a) is contrary to any other law; or (b) is inconsistent with the local government principles; or (c) does not satisfactorily deal with the overall State interest. (2) The Minister, by gazette notice, may— (a) suspend the local law, for a stated period or indefinitely; or (b) revoke the local law. (3) The gazette notice must state— (a) how the local law is contrary to another law, is inconsistent with the local government principles or does not satisfactorily deal with the overall State interest; and (b) if the local law has been suspended—how the local law may be amended so that it— (i) is no longer contrary to the other law; or (ii) is no longer inconsistent with the local government principles; or (iii) satisfactorily deals with the overall State interest. (4) If the Minister suspends a local law, the local law stops having effect for the period stated in the gazette notice. (5) If the Minister revokes the local law— (a) the local law stops having effect on the day stated in the gazette notice; or Current as at [Not applicable] Page 47
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 38A] (b) if no day is stated in the gazette notice—the local law is taken to never have had effect. (6) The State is not liable for any loss or expense incurred by a person because a local law is suspended or revoked under this section. (7) A decision of the Minister under this section is not subject to appeal. Note— See section 244 for more information. Division 5 Miscellaneous 38A Local law about seizing and disposing of personal property (1) This section applies if— (a) a local government has made a local law about seizing and disposing of personal property; and (b) personal property is seized under the local law. (2) If the personal property is sold or disposed of, the proceeds of sale or disposal must be applied in the following order— (a) in payment of the reasonable expenses incurred in selling or disposing of the property; (b) in payment of the prescribed fee for seizing and holding the property; (c) if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing under the security interest; (d) the balance to the owner of the property. (3) A secured party can not enforce any security interest in the proceeds of sale or disposal against an entity to whom an amount is payable under subsection (2)(a) or (b). Page 48 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 38B] (4) In this section— personal property has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 10. secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 10. 38B Owners’ liability for party houses (1) A local government may make a local law that makes the owner of a residential property liable to a penalty because of excessive noise regularly emitted from the property. (2) The owner of a residential property includes a tenant if the tenant has a right of exclusive occupation of the property under a lease. (3) A residential property is a property of a type that would ordinarily be used, or is intended to be used, as a place of residence or mainly as a place of residence. (4) To remove any doubt, it is declared that— (a) the local law may fix the number of times that excessive noise must be emitted from a property before the owner becomes liable to the penalty; and (b) a property is not precluded from being a residential property merely because the property is rented on a short-term basis. (5) In a proceeding about a contravention of the local law— (a) a noise abatement direction given to a person at a property is evidence of excessive noise being emitted from the property; and (b) a copy of information recorded in the register of enforcement acts under the Police Powers and Responsibilities Act 2000 about the giving of a noise abatement direction is evidence of the matters stated in it. Current as at [Not applicable] Page 49
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 39] (6) A noise abatement direction is a direction given to a person by a police officer under the Police Powers and Responsibilities Act 2000 , section 581(3). (7) Despite subsection (5), a defendant may, with the leave of the court, require the prosecution to call any person involved in the giving of the noise abatement direction to give evidence at the hearing. (8) The court may give leave only if the court is satisfied that— (a) an irregularity may exist in relation to the information or the giving of the noise abatement direction; or (b) it is in the interests of justice that the person be called to give evidence. (9) The chief executive officer may ask the police commissioner to give the chief executive officer information about noise abatement directions given to persons in the local government area. (10) The police commissioner must comply with the request. Part 2 Beneficial enterprises and business activities Division 1 Beneficial enterprises 39 What this division is about (1) This division is about beneficial enterprises that are conducted by a local government. (2) This division does not apply to a business unit of a local government. (3) A beneficial enterprise is an enterprise that a local government considers is directed to benefiting, and can reasonably be expected to benefit, the whole or part of its local government area. Page 50 Current as at [Not applicable]
Local Government Act 2009 Chapter 3 The business of local governments [s 40] (4) A local government is conducting a beneficial enterprise if the local government is engaging in, or helping, the beneficial enterprise. Not authorised —indicative only 40 Conducting beneficial enterprises (1) A local government may conduct a beneficial enterprise. (2) To conduct the beneficial enterprise, the local government— (a) may participate with an association, other than by being an unlimited partner of a partnership; and (b) must not, either directly or by participating with an association, participate with an unlimited corporation; and (c) must not enter into an agreement that does not limit the liability of the local government, as between the parties to the agreement, to the amount committed by the local government under the agreement. Note— Under the Statutory Bodies Financial Arrangements Act 1982 , a local government may need the Treasurer’s approval before entering into particular financial arrangements. (3) An association is— (a) a partnership; or (b) a corporation limited by shares but not listed on a stock exchange; or (c) a corporation limited by guarantee but not listed on a stock exchange; or (d) another association of persons that is not a corporation. (4) An unlimited corporation means a corporation whose members have no limit placed on their liability. (5) A local government participates with an association or unlimited corporation if the local government— (a) forms, or takes part in forming, an association or unlimited corporation; or Current as at [Not applicable] Page 51
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 41] (b) becomes a member of an association or unlimited corporation; or (c) takes part in the management of an association or unlimited corporation; or (d) acquires or disposes of shares, debentures or securities of an association or unlimited corporation. 41 Identifying beneficial enterprises A local government’s annual report for each financial year must contain a list of all the beneficial enterprises that the local government conducted during the financial year. Division 2 Business reform, including competitive neutrality 43 What this division is about (1) This division is about the application of the National Competition Policy Agreements in relation to the significant business activities of a local government. (2) This includes the application of the competitive neutrality principle if, in the circumstances, the public benefit (in terms of service quality and cost) outweighs the costs of implementation. (3) Under the competitive neutrality principle , an entity that is conducting a business activity in competition with the private sector should not enjoy a net advantage over competitors only because the entity is in the public sector. (4) A significant business activity is a business activity of a local government that— (a) is conducted in competition, or potential competition, with the private sector (including off-street parking, quarries, sporting facilities, for example); and (b) meets the threshold prescribed under a regulation. Page 52 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 44] (5) However, a significant business activity does not include a business activity that is— (a) a building certifying activity; or (b) a roads activity; or (c) related to the provision of library services. Note— A building certifying activity or roads activity is dealt with under section 47. 44 Ways to apply the competitive neutrality principle (1) The competitive neutrality principle may be applied by— (a) commercialisation of a significant business activity; or (b) full cost pricing of a significant business activity. (2) Commercialisation involves creating a new business unit, that is part of the local government, to conduct the significant business activity on a commercial basis. (3) Full cost pricing involves pricing the significant business activity on a commercial basis, but without creating a new business unit. (4) A regulation may provide for— (a) matters relating to commercialisation or full cost pricing; or (b) any other matter relating to the application of the competitive neutrality principle to the significant business activities of a local government. 45 Identifying significant business activities A local government’s annual report for each financial year must— (a) contain a list of all the business activities that the local government conducted during the financial year; and Current as at [Not applicable] Page 53
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 46] (b) identify the business activities that are significant business activities; and (c) state whether or not the competitive neutrality principle was applied to the significant business activities, and if the principle was not applied, the reason why it was not applied; and (d) state whether any of the significant business activities were not conducted in the preceding financial year, i.e. whether there are any new significant business activities. 46 Assessing public benefit (1) This section applies to a new significant business activity that is identified in the annual report of a local government. (2) The local government must conduct a public benefit assessment of the new significant business activity. (3) A public benefit assessment is an assessment of whether the benefit to the public (in terms of service quality and cost) of applying the competitive neutrality principle in relation to a significant business activity outweighs the costs of applying the competitive neutrality principle. (4) The local government must conduct the public benefit assessment before the end of the financial year in which the significant business activity is first identified in the annual report. (5) The local government must prepare a report on the public benefit assessment that contains its recommendations about the application of the competitive neutrality principle in relation to the significant business activity. (6) At a meeting of the local government, the local government must— (a) consider the report; and (b) decide, by resolution, whether or not to apply the competitive neutrality principle in relation to the significant business activity. Page 54 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 47] (7) Any resolution that the competitive neutrality principle should not be applied must include a statement of the reasons why it should not be applied. (8) The local government must give the Minister a copy of— (a) the report; and (b) all resolutions made in relation to the report. (9) If the local government decides not to apply the competitive neutrality principle in relation to the significant business activity, the local government must, within 3 years after making the decision, repeat the process in this section. (10) Subsection (9) also applies to a decision that was made before the commencement of this section. 47 Code of competitive conduct (1) This section is about the code of competitive conduct. (2) The code of competitive conduct is the code of competitive conduct prescribed under a regulation. (3) A local government must apply the code of competitive conduct to the conduct of the following business activities of the local government— (a) a building certifying activity; (b) a roads activity, other than a roads activity for which business is conducted only through a sole supplier arrangement. (4) A building certifying activity is a business activity that— (a) involves performing building certifying functions (within the meaning of the Building Act, section 10); and (b) is prescribed under a regulation. (5) A roads activity is a business activity (other than a business activity prescribed under a regulation) that involves— Current as at [Not applicable] Page 55
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 48] (a) constructing or maintaining a State-controlled road, that the State put out to competitive tender; or (b) submitting a competitive tender in relation to— (i) constructing or maintaining a road in the local government area, that the local government put out to competitive tender; or (ii) constructing or maintaining a road in another local government area, that the other local government put out to competitive tender. (6) The local government must start to apply the code of competitive conduct— (a) for a building certifying activity—from the start of the financial year after the financial year in which the building certifying activity is first conducted; or (b) for a roads activity—from when the roads activity is first conducted. (7) A local government must decide each financial year, by resolution, whether or not to apply the code of competitive conduct to a business activity prescribed under a regulation. (8) If the local government decides not to apply the code of competitive conduct to the business activity, the resolution must state reasons for not doing so. (9) Subsection (7) does not prevent the local government from applying the code of competitive conduct to any other business activities. 48 Competitive neutrality complaints (1) A local government must adopt a process for resolving competitive neutrality complaints. (2) A competitive neutrality complaint is a complaint that— (a) relates to the failure of a local government to conduct a business activity in accordance with the competitive neutrality principle; and Page 56 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 59] (b) is made by an affected person. (3) An affected person is— (a) a person who— (i) competes with the local government in relation to the business activity; and (ii) claims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the local government; or (b) a person who— (i) wants to compete with the local government in relation to the business activity; and (ii) claims to be hindered from doing so by a competitive advantage that the person alleges is enjoyed by the local government. (4) A regulation may provide for the process for resolving competitive neutrality complaints. (5) A local government does not have to resolve a competitive neutrality complaint relating to a business activity prescribed under a regulation. Part 3 Roads and other infrastructure Division 1 Roads 59 What this division is about (1) This division is about roads. (2) A road is— (a) an area of land that is dedicated to public use as a road; or (b) an area of land that— Current as at [Not applicable] Page 57
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 60] (i) is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; and (ii) is open to, or used by, the public; or (c) a footpath or bicycle path; or (d) a bridge, culvert, ford, tunnel or viaduct. (3) However, a road does not include— (a) a State-controlled road; or (b) a public thoroughfare easement. 60 Control of roads (1) A local government has control of all roads in its local government area. (2) This control includes being able to— (a) survey and resurvey roads; and (b) construct, maintain and improve roads; and (c) approve the naming and numbering of private roads; and (d) name and number other roads; and (e) make a local law to regulate the use of roads, including— (i) the movement of traffic on roads, subject to the Transport Operations (Road Use Management) Act 1995 ; and (ii) the parking of vehicles on roads, subject to the Transport Operations (Road Use Management) Act 1995 (including the maximum time that a vehicle may be parked in a designated rest area that adjoins a road, for example); and (iii) by imposing obligations on the owner of land that adjoins a road (including an obligation to fence the land to prevent animals going on the road, for example); and Page 58 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 61] (f) make a local law to regulate the construction, maintenance and use of— (i) public utilities along, in, over or under roads; and (ii) ancillary works and encroachments along, in, over or under roads; and (g) realign a road in order to widen the road; and (h) acquire land for use as a road. (3) Nothing in subsection (1) makes a local government liable for the construction, maintenance or improvement of a private road. (4) A private road is a road over land that is owned by a person who may lawfully exclude other persons from using the road. 61 Notice of intention to acquire land to widen a road (1) If a local government wants to acquire land in order to widen a road, the local government must give the owner of the land a notice of intention to acquire land. (2) A notice of intention to acquire land informs the owner in general terms of this section and section 62. (3) However, a local government can not, without the consent of the Planning and Environment Court, serve notice of intention to acquire land on an owner of land after the owner has applied to the local government— (a) for approval to subdivide the land; or (b) for approval, consent or permission— (i) to erect or use a structure on the land; or (ii) to use the land for any other purpose. (4) The court may consent to the notice of intention to acquire land being served only if the court is satisfied that the purpose of the notice is to enable the local government to make, in good faith, a reasonable widening of the road. Current as at [Not applicable] Page 59
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 62] (5) After a local government gives an owner a notice of intention to acquire land, the owner must not erect, place, re-erect, replace or repair any structure, or part of a structure, on the land without the local government’s permission. (6) The local government must lodge a copy of a notice of intention to acquire land with the registrar of titles for registration on the instrument of title to the land. (7) The registrar of titles may register the notice of intention to acquire land even if the instrument of title is not produced. 62 Compensation for a notice of intention to acquire land (1) This section applies to a person who is served with a notice of intention to acquire land, if the person would be entitled to claim compensation for the acquisition of land. (2) The person is entitled to compensation from the local government for injurious affection to the person’s interest in the land because of the notice of intention to acquire land. (3) However, the compensation is not payable until— (a) the land is sold for the first time after the notice of intention to acquire land was served; or (b) after being served with the notice of intention to acquire land, the owner of the land offers the land for sale in good faith, but can not sell the land for a fair and reasonable price. (4) The compensation must be assessed in accordance with the following principles— (a) the amount of compensation must represent the difference between— (i) the market value of the interest in the land immediately after service of the notice of intention to acquire land; and (ii) what would be the market value of the interest in the land, at that time, if the notice had not been served; Page 60 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 63] (b) any benefit that may accrue, because of the realignment of the road, to land adjacent to the land that is affected by the realignment of the road, and in which the claimant has an interest, must be taken into account; (c) the amount of compensation must not be increased because the land that is affected by the realignment of the road has, since the service of the notice of intention to acquire land, become or ceased to be separate from other land. (5) A claim for compensation must be made— (a) within 3 years after the entitlement to compensation arose; and (b) to the chief executive officer in the approved form. (6) The claim is taken to have been properly made when the claimant has given the local government all the information that the local government reasonably requires to decide the claim. (7) If, within 30 days after the claim is made, the local government has not given the claimant written notice of its decision on the claim, the local government is taken to have refused compensation on the 31st day after the claim is made. 63 Appeal on a claim for compensation (1) A person who is aggrieved by the decision of a local government on a claim for compensation may appeal against the decision to the Land Court. (2) The appeal must be started within 30 days after— (a) notice of the decision is given to the claimant; or (b) the decision is taken to have been made. (3) However, the Land Court may extend the period if satisfied in all the circumstances that it is reasonable to do so. (4) In order to award compensation, the Land Court must be satisfied— Current as at [Not applicable] Page 61
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 64] (a) if the land has been sold— (i) the seller took reasonable steps to obtain a reasonable price for the land; and (ii) the seller sold the land in good faith; and (iii) the sale price is less than the seller might reasonably have expected to receive had there been no notice of intention to acquire land; or (b) if a local government refused the owner permission to erect, place, re-erect, replace or repair any structure, or part of a structure, on the land—the permission was applied for in good faith. 64 Acquisition of land instead of compensation (1) After a notice of intention to acquire land is served, but before the land is sold, the local government may acquire the land instead of paying compensation for injurious affection. (2) If, after a notice of intention to acquire land is served, the land is cleared of all structures— (a) the local government may acquire the land; and (b) if required by the owner of the land, the local government must acquire the land. (3) The acquired land must be dedicated for public use as a road within 3 months after its acquisition. (4) Compensation for the acquisition of the land, if not agreed between the parties, must be assessed as at the date of the acquisition. 65 What is to happen if a realignment is not carried out (1) This section applies if a local government decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land. (2) This section does not apply to a realignment of road that is necessary to comply with the requirements of a local Page 62 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 66] government under a planning scheme in its application to particular developments in the local government area. (3) The local government must serve notice of its decision not to proceed on all owners of land who were served with a notice of intention to acquire land in connection with that road or part of that road. (4) With regard to any of the notices of intention to acquire land that were lodged with the registrar of titles in connection with that road or part of that road, the local government must— (a) for any notice of intention to acquire land that has not been registered—withdraw the notice of intention to acquire land; and (b) for any notice of intention to acquire land that has been registered—lodge with the registrar of titles for registration a notice of its decision not to proceed with the realignment of the road, or part of the road. (5) The notice of the local government’s decision must inform the owners in general terms of this section and section 66. 66 Compensation if realignment not carried out (1) This section applies if— (a) a local government decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land; and (b) structural improvements have been made on land that adjoins the road on the basis of the proposed realignment being effected. (2) The local government must pay the owner of the land reasonable compensation for the decrease in value of the land because of the decision. (3) The amount of compensation is the difference between the value of the land before and after the decision. Current as at [Not applicable] Page 63
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 67] (4) If the local government and the owner fail to agree on the amount of compensation, the amount is to be decided by the Land Court. (5) The provisions of the Acquisition of Land Act 1967 about the making, hearing and deciding of claims for compensation for land taken under that Act apply, with any necessary changes and any changes prescribed under a regulation, to claims for compensation under this section. (6) The local government’s decision not to proceed with the realignment of a road, or part of a road, does not give rise to an entitlement to compensation to, or a cause of action by, any owner or occupier of land or other person other than under this section. 67 Acquiring land for use as a footpath (1) A local government may acquire land that adjoins a road for use as a footpath. (2) The acquisition of land may be subject to a reservation, in favour of the owner of the land, of any of the following rights that the local government decides (at or before the acquisition) is appropriate— (a) a right to the ownership, possession, occupation and use of any existing structure, room or cellar— (i) at a specified height above the level of the new footpath; or (ii) at a specified depth below the level of the new footpath; (b) a right— (i) to erect a structure (in accordance with law) at a specified height above the new footpath; and (ii) to the ownership, possession, occupation and use of the structure; (c) a right of support for a structure mentioned in paragraph (a) or (b). Page 64 Current as at [Not applicable]
Local Government Act 2009 Chapter 3 The business of local governments [s 68] (3) The right mentioned in subsection (2)(a) is subject to the local government’s right to enter, and make structural alterations to, the structure, room or cellar that the local government considers necessary. Not authorised —indicative only 68 Notice to local government of opening or closing of roads (1) This section applies if an application is made under the Land Act for the opening or closing of a road in a local government area by someone other than the local government. (2) The Land Act Minister, or the applicant for the application, must give written notice of the application to the local government. (3) The Land Act Minister is the Minister administering the Land Act. (4) The notice must specify a date (no earlier than 1 month or later than 2 months after the local government is given the notice) on or before which the local government may object to the opening or closing of the road. (5) An objection must fully state the reasons for the objection. (6) The Land Act Minister must have regard to any objections properly made by the local government. (7) If the Land Act Minister decides the road should be opened or closed, the Land Act Minister must give written notice to the local government— (a) of the decision; and (b) if the decision is contrary to the local government’s objection, the reasons for the decision. 69 Closing roads (1) A local government may close a road (permanently or temporarily) to all traffic, or traffic of a particular class, if there is another road or route reasonably available for use by the traffic. Current as at [Not applicable] Page 65
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 70] (2) Also, the local government may close a road to all traffic or traffic of a particular class— (a) during a temporary obstruction to traffic; or (b) if it is in the interests of public safety; or (c) if it is necessary or desirable to close the road for a temporary purpose (including a fair, for example). (3) The local government must publish notice of the closing of the road, in the way that the local government considers appropriate (including on its website, for example). (4) The local government may do everything necessary to stop traffic using the road after it is closed. (5) If a road is closed to traffic for a temporary purpose, the local government may permit the use of any part of the road (including for the erection of any structure, for example) on the conditions the local government considers appropriate. 70 Temporary roads (1) This section applies if— (a) a local government wants to remake or repair a road; and (b) it is not reasonably practicable to temporarily close the road to traffic while the roadworks are conducted. (2) The local government may make a temporary road, through land that adjoins the road, to be used while the road is being remade or repaired. (3) However, a local government employee or contractor may enter the land only if— (a) the owner or occupier of the land has agreed, in writing, that the local government employee or contractor may enter the land; or (b) the local government has given the owner or occupier of the land at least 3 days written notice that states— Page 66 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 71] (i) the nature of the roadworks that are to be conducted; and (ii) the proposed route of the temporary road; and (iii) an approximate period when the temporary road is expected to remain on the land. (4) Subsection (3) does not apply if the roadworks must be urgently conducted, but the local government must give the owner or occupier of the land oral notice of the matters mentioned in subsection (3)(b). (5) The owner of the land may give the chief executive officer a written notice that claims compensation for physical damage caused by the local government entering, occupying or using the land under this section. (6) Compensation is not payable unless the chief executive officer receives the claim— (a) within 1 year after the occupation or use has ended; or (b) at a later time allowed by the chief executive officer. (7) The compensation equals— (a) the amount agreed between the person and local government; or (b) if the person and local government can not agree, the amount that is decided by a court. (8) However, the compensation must not be more than the compensation that would have been awarded if the land had been acquired. 71 Road levels (1) The owner or occupier of land that adjoins a road may give written notice to the local government requiring it to advise the owner or occupier of the permanent level that is fixed or to be fixed for the road. (2) If the local government has not, within 6 months after receiving the notice, given the owner or occupier written Current as at [Not applicable] Page 67
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 72] advice about the permanent level of the road, the local government is taken to have fixed the apparent level of the road when the notice was given as the permanent level of the road. (3) If— (a) after a local government has fixed the permanent level of a road, the local government changes the level of the road; and (b) the owner or occupier of land that adjoins the road is injuriously affected by the change; the local government must pay the owner or occupier, or their successor in title, compensation. (4) The compensation equals— (a) the amount that is agreed between the owner or occupier, or their successor in title, and the local government; or (b) if the owner or occupier, or their successor in title, and the local government can not agree—the amount that is decided by the Planning and Environment Court. 72 Assessment of impacts on roads from certain activities (1) This section applies if— (a) a regulation prescribes an activity for this section; and (b) a local government considers that the conduct of the activity is having, or will have, a significant adverse impact on a road in the local government area; and (c) the activity is not for— (i) a coordinated project under the State Development and Public Works Organisation Act 1971 ; or (ii) development categorised under the local government’s planning scheme as assessable development for the Planning Act; or (iii) a road being built under the Land Act, section 110. Page 68 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 73] (2) The local government may require the entity that is conducting the activity to provide information, within a reasonable time, that will enable the local government to assess the impact of the activity on the road. (3) After assessing the impact of the activity on the road, the local government may decide to do 1 or more of the following— (a) give the entity a direction about the use of the road to lessen the impact; (b) require the entity— (i) to carry out works to lessen the impact; or (ii) to pay an amount as compensation for the impact. (4) The local government may require the works to be carried out or the amount to be paid before the impact commences or intensifies. (5) The amount of compensation is a debt payable to the local government and may be recovered in a court. (6) A regulation for this section— (a) must contain a process under which the local government’s decision may be reviewed; and (b) may contain a process for enforcing the decision. 73 Categorisation of roads A local government must categorise the roads in its local government area according to the surface of the road. 74 Roads map and register (1) A local government must prepare and keep up-to-date— (a) a map of every road, including private roads, in its local government area; and (b) a register of the roads that shows— (i) the category of every road; and Current as at [Not applicable] Page 69
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 75] (ii) the level of every road that has a fixed level; and (iii) other particulars prescribed under a regulation. (2) The register of roads may also show other particulars that the local government considers appropriate. (3) The public may inspect the map and register at the local government’s public office. (4) On application and payment of a reasonable fee fixed under a resolution or local law, a person may obtain— (a) a copy of a map or register of roads; or (b) a certificate signed by an employee of the local government who is authorised for the purpose— (i) about the category, alignment and levels of roads in its area; or (ii) about the fact that the alignment or level of a road in its area has not been fixed. 75 Unauthorised works on roads (1) This section applies to a road in a local government area. (2) A person must not, without lawful excuse (including under another Act, for example), or the written approval of the local government— (a) carry out works on a road; or (b) interfere with a road or its operation. Maximum penalty—200 penalty units. (3) Works do not include the maintenance of ancillary works and encroachments, or landscaping, that does not interfere with the road or its operation. (4) An approval may be subject to the conditions decided by the local government. (5) A person must not contravene a condition that applies to a person under subsection (4). Page 70 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 76] Maximum penalty—40 penalty units. (6) If a person carries out works in contravention of this section, the local government may— (a) dismantle or alter the works; or (b) fix any damage caused by the works. (7) If the local government dismantles or alters the works, or fixes any damage caused by the works, the person must pay the local government the reasonable costs incurred by the local government in doing so. Division 2 Stormwater drains 76 What this division is about (1) This division is about stormwater drains and stormwater installations. (2) A stormwater drain is a drain, channel, pipe, chamber, structure, outfall or other works used to receive, store, transport or treat stormwater. (3) A stormwater installation for a property— (a) is any roof gutters, downpipes, subsoil drains or stormwater drain for the property; but (b) does not include any part of a local government’s stormwater drain. 77 Connecting stormwater installation to stormwater drain (1) A local government may, by written notice, require the owner of a property to connect a stormwater installation for the property to the local government’s stormwater drain in the way, under the conditions and within the time stated in the notice. (2) The way, condition and time stated in the notice must be reasonable in the circumstances. Current as at [Not applicable] Page 71
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 78] (3) A person must not connect a stormwater installation for a property to a local government’s stormwater drain unless— (a) the local government has required the owner of the property to do so by a written notice under subsection (1); or (b) the local government has given its approval for the connection. Maximum penalty—165 penalty units. (4) The local government may impose conditions on its approval for the connection, including conditions about the way the connection must be made. (5) If a person connects a stormwater installation under a requirement or approval of the local government, the person must comply with the requirement or approval, unless the owner has a reasonable excuse. Maximum penalty for subsection (5)—165 penalty units. 78 No connecting sewerage to stormwater drain (1) The owner of a property must not connect the sewerage installation for property, or allow the sewerage installation for the property to be connected, to any part of— (a) the stormwater installation for the property; or (b) the stormwater drain of the local government. Maximum penalty—165 penalty units. (2) A sewerage installation is any of the following— (a) an on-site sewerage facility within the meaning given in the Plumbing and Drainage Act; (b) a sewer for a property or building unit; (c) sanitary plumbing i.e. any apparatus, fittings, fixtures or pipes that carry sewage to a sanitary drain; (d) sanitary drainage i.e. any apparatus, fittings or pipes for collecting and carrying discharges— Page 72 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 78] (i) from fixtures (that are directly connected to a sanitary drain) to an on-site sewerage facility or a sewerage treatment system; or (ii) from sanitary plumbing to an on-site sewerage facility or a sewerage treatment system. Examples of apparatus, fittings or pipes for sanitary drainage— • disconnector gullies • bends at the foot of stacks or below ground level • pipes above ground level that are installed using drainage principles • for an on-site sewerage facility—a pipe (other than a soil or waste pipe) used to carry sewage to or from the facility (3) The owner of a property who becomes aware that the sewerage installation for the property is connected to any part of— (a) the stormwater installation for the property; or (b) the stormwater drain of the local government; must, as soon as reasonably practicable, take all necessary steps to disconnect the facility, drainage or sewer from the stormwater installation or drain. Maximum penalty—165 penalty units. (4) If the sewerage installation for property is connected to any part of— (a) the stormwater installation on the property; or (b) the stormwater drain of the local government; the local government may, by written notice, require the owner of the property to perform the work stated in the notice, within the time stated in the notice. (5) The time stated in the notice must— (a) be a time that is reasonable in the circumstances; and (b) be at least 1 month after the notice is given to the owner. Current as at [Not applicable] Page 73
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 79] (6) However, the time stated in the notice may be less than 1 month but must not be less than 48 hours if the work stated in the notice— (a) is required to stop a serious health risk continuing; or (b) relates to a connection that is causing damage to the local government’s stormwater drain. (7) The work stated in the notice must be work that is reasonably necessary for fixing or otherwise dealing with the sewerage installation, including for example— (a) work to remedy a contravention of this Act; or (b) work to disconnect something that was connected to a stormwater drain without the local government’s approval. (8) The owner must comply with the notice, unless the owner has a reasonable excuse. Maximum penalty for subsection (8)—165 penalty units. 79 No trade waste or prohibited substances in stormwater drain (1) A person must not put trade waste into a stormwater drain. Maximum penalty—1,000 penalty units. (2) Trade waste is waterborne waste from business, trade or manufacturing property, other than— (a) stormwater; and (b) a prohibited substance. (3) A person must not put a prohibited substance into a stormwater drain. Maximum penalty—1,000 penalty units. (4) A prohibited substance is— (a) a solid or viscous substance in a quantity, or of a size, that can obstruct, or interfere with the operation of, a stormwater drain; or Page 74 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 79] Examples for paragraph (a)— • ash, cinders, sand, mud, straw and shavings • metal, glass and plastics • paper and plastic dishes, cups and milk containers • rags, feathers, tar and wood • whole blood, paunch manure, hair and entrails • oil and grease • cement-laden wastewater, including wash down from exposed aggregate concrete surfaces (b) a flammable or explosive solid, liquid or gaseous substance; or (c) sewage, including human waste; or (d) a substance that, given its quantity, is capable alone, or by interaction with another substance put into a stormwater drain, of— (i) inhibiting or interfering with the stormwater drain; or (ii) causing damage or a hazard to the stormwater drain; or (iii) causing a hazard for humans or animals; or (iv) creating a public nuisance; or (v) creating a hazard in waters; or (vi) contaminating the environment in places where stormwater is discharged or reused; or Example for paragraph (d)— a substance with a pH lower than 6.0 or greater than 10.0, or having another corrosive property (e) a substance that has a temperature of more than— (i) if the local government has approved a maximum temperature for the substance—the approved maximum temperature; or (ii) otherwise—38ºC. Current as at [Not applicable] Page 75
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 80] (5) If— (a) a person puts a prohibited substance in a local government’s stormwater drain; and (b) the prohibited substance causes damage to the stormwater drain; the local government may perform work to fix the damage, and may recover the reasonable costs for the work from the person who put the prohibited substance in the stormwater drain. (6) The costs for the work are in addition to any penalty imposed for the offence. 80 Interference with path of stormwater (1) A person must not restrict or redirect the flow of stormwater over land in a way that may cause the water to collect and become stagnant. Maximum penalty—165 penalty units. (2) However, this section does not apply to water collected in a dam, wetland, tank or pond, if no offensive material is allowed to accumulate. Division 3 Other matters 80A Malls (1) A local government may establish a mall in its local government area. (2) The local government must comply with the procedures prescribed under a regulation for establishing a mall. (3) The regulation may also provide for any other matter connected with managing, promoting or using a mall, including, for example— (a) removal of vehicles from a mall; and Page 76 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 80B] (b) review of a decision relating to the removal of a vehicle from a mall; and (c) matters relating to an advisory committee for a mall. (4) A person is not entitled to compensation on account of injurious affection to any right or interest of a business, commercial or industrial nature because of the establishment, modification or closing of a mall by a local government. (5) However, the local government may, by resolution, decide to pay compensation to the person. (6) The Land Act, chapter 4, part 4 does not apply to a road that is a mall. 80B Ferry services (1) A local government has the exclusive right to provide a ferry service across a watercourse if the land that forms both banks of the watercourse is in its local government area. (2) A watercourse is a river, creek or channel where water flows naturally. (3) A local government may— (a) lease the right to provide a ferry service across a watercourse that it has the exclusive right to provide a ferry service across; and (b) make local laws for managing and regulating the use of ferries operated or leased by it. (4) A regulation may— (a) declare another watercourse that a local government has the exclusive right to provide a ferry service across; and (b) provide for any other matter connected with the provision of ferry services (including declaring the approaches to a ferry as being under the control of a local government, for example). Current as at [Not applicable] Page 77
Local Government Act 2009 Chapter 3 The business of local governments [s 81] Part 4 The business of indigenous local governments Not authorised —indicative only Division 1 Introduction 81 What this part is about This part contains provisions that relate only to the following local governments— (a) Aurukun Shire Council; (b) Mornington Shire Council; (c) an indigenous local government. Division 2 Managing trust land 82 What this division is about (1) This division contains provisions that apply to a trustee council. (2) A trustee council is any of the following local governments if the local government is a trustee of trust land— (a) Aurukun Shire Council; (b) Mornington Shire Council; (c) an indigenous local government. (3) Trust land is the land described in a deed of grant in trust that is issued under the Land Act. (4) The provisions of this division— (a) do not affect the status that any land has under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 ; and (b) are additional to the provisions that apply to the land under the Land Act and any other law. Page 78 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 83] 83 Trustee business must be conducted separately (1) A trustee council must conduct its trustee business separately from its other local government business. (2) Trustee business is any business that relates to trust land. (3) So, the trustee council must— (a) maintain separate accounts and records for trustee business; and (b) in its capacity as trustee council, formally advise itself, in its capacity as indigenous regional council, of matters relating to trustee business; and (c) hold separate meetings for trustee business from meetings for other local government business. 84 Meetings about trust land generally open to the public (1) All meetings relating to trust land must be open to the public, unless the trustee council decides, by resolution, that the meeting be closed to the public. (2) The trustee council may do so only to allow the trustee council to discuss business for which public discussion would be likely to— (a) prejudice the interests of the trustee council or someone else; or (b) enable a person to gain a financial advantage. (3) For example, a meeting may be closed to the public to allow the trustee council to discuss— (a) the appointment, discipline or dismissal of local government employees; or (b) industrial matters affecting local government employees; or (c) starting or defending legal proceedings; or (d) that part of the budget that relates to the trust land; or (e) contracts proposed to be made by the trustee council. Current as at [Not applicable] Page 79
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 85] (4) A resolution to close a meeting to the public must specify the general nature of the matters to be discussed while the meeting is closed to the public. (5) The trustee council must not make a resolution (other than a procedural resolution) in a meeting that is closed to the public. 85 Community forum input on trust change proposals (1) This section applies if— (a) a trustee council is an indigenous regional council; and (b) the trustee council wants to consider a trust change proposal; and (c) a community forum has been established for the division of the local government where the trust land is located. (2) A trust change proposal is a proposal to make a decision— (a) to put an improvement (including a structure, for example) on trust land; or (b) to create an interest in trust land (including a lease or mortgage, for example); or (c) that the trustee council has decided, by resolution, must be dealt with as a trust change proposal. (3) The trustee council must give the community forum an opportunity to give input about the trust change proposal. Note— See division 3 for more information about community forums. (4) The trustee council must give the community forum a written notice that gives the community forum— (a) reasonably sufficient information about the trust change proposal; and (b) reasonably sufficient time; to allow the community forum to give input about the trust change proposal. Page 80 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 85A] (5) The trustee council must have regard to any input that is received from the community forum within the time specified in the written notice. (6) If the trustee council proposes to make a decision that is contrary to the community forum’s input, the trustee council must give written notice of the reasons for the proposed decision to the community forum. (7) If the community forum advises the trustee council that it does not support the trustee council’s proposed decision, the trustee council must take reasonable steps to let the community know. (8) If the trustee council proposes to make a decision that is contrary to the community forum’s input, the decision has effect only if— (a) the decision is approved by a majority of the councillors (other than the mayor), regardless of how many councillors take part in any meeting about the decision; and (b) the councillor for the division of the local government area in which the trust land is situated does not vote against approving the decision. 85A Trust change decisions if no community forum (1) This section applies if— (a) a trustee council, that is an indigenous regional council, proposes to make a trust change decision; and (b) a community forum has not been established for the division of the local government where the trust land is located. (2) A trust change decision is a decision— (a) to put an improvement (including a structure, for example) on trust land; or (b) to create an interest in trust land (including a lease or mortgage, for example); or Current as at [Not applicable] Page 81
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 86] (c) that the trustee council has decided, by resolution, must be dealt with as a trust change proposal within the meaning of section 85(2). (3) The trust change decision has effect only if— (a) the decision is approved by a majority of the councillors (other than the mayor), regardless of how many councillors take part in any meeting about the decision; and (b) the councillor for the division of the local government area in which the trust land is located does not vote against approving the decision. 86 Grouping of trust land not available The chief executive under the Land Act must not approve the grouping of trust land under the Land Act, section 62, if any of the trust land is the subject of a community deed of grant in trust. Division 3 Community forums 87 Community forums (1) This section applies if an indigenous regional council establishes a community forum for the council or, if the council is divided, any of its divisions. (2) A community forum is a body established by an indigenous regional council to be responsible for meeting with the local community to discuss issues relating to— (a) trust land; and (b) planning; and (c) the delivery of services; and (d) culture. Page 82 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 88] (3) The local community is the community living in the local government area or division for which the community forum is established. (4) A community forum is made up of— (a) a chairperson, who is the councillor for the division; and (b) at least 3, but not more than 7, appointed members. (5) The indigenous regional council must publish the following information in a newspaper circulating generally in its local government area— (a) the name of the community forum; (b) the names of the members of the community forum. (6) The indigenous regional council must decide all matters necessary for the operation of its community forums. 88 Members of a community forum (1) This section is about the members of a community forum. (2) A person is appointed as a member of a community forum (other than as chairperson)— (a) by a resolution of the indigenous regional council for the forum; and (b) under a merits based selection process conducted by the indigenous regional council for the forum after a call for expressions of interest in appointment is advertised in a newspaper circulating generally in the council’s local government area. (3) A person is not qualified to be appointed as a member if the person is the mayor of the indigenous regional council. (4) A person stops being a member if the person— (a) resigns by signed notice of resignation given to the indigenous regional council for the community forum; or (b) completes a term of office and is not re-appointed. Current as at [Not applicable] Page 83
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 89] 89 Payments to appointed members of a community forum (1) An appointed member of a community forum is not entitled to be paid any remuneration. (2) However, an indigenous regional council may authorise— (a) the payment of the expenses incurred, or to be incurred, by the appointed members of a community forum; or (b) the provision of facilities to the appointed members of a community forum. Part 5 Caretaker period arrangements 90A Caretaker period (1) The caretaker period for a local government is the period during an election for the local government that— (a) starts on the day when public notice of the holding of the election is given under the Local Government Electoral Act, section 25(1); and (b) ends at the conclusion of the election. (2) There is no caretaker period during a by-election or fresh election. 90B Prohibition on major policy decision in caretaker period (1) A local government must not make a major policy decision during a caretaker period for the local government. (2) However, if the local government considers that, having regard to exceptional circumstances that apply, it is necessary to make the major policy decision in the public interest, the local government may apply to the Minister for approval to make the decision. (3) The Minister may give the approval if the Minister is satisfied that, having regard to exceptional circumstances that apply, it Page 84 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 3 The business of local governments [s 90C] is necessary for the local government to make the major policy decision in the public interest. (4) The Minister’s approval may be given on conditions with which the local government must comply. 90C Invalidity of major policy decision in caretaker period without approval (1) A major policy decision made by a local government during a caretaker period for the local government is invalid to the extent the local government— (a) does not have the Minister’s approval under section 90B to make the decision; or (b) does not comply with any conditions of the Minister’s approval under section 90B(4). (2) A contract is void if it is the subject of a major policy decision that is invalid. (3) A person who acts in good faith in relation to a major policy decision of a local government, or in relation to a contract that is the subject of a major policy decision, but who suffers loss or damage because of any invalidity of the decision under subsection (1) or because the contract is void under subsection (2), has a right to be compensated by the local government for the loss or damage. (4) The person may bring a proceeding to recover the compensation in a court of competent jurisdiction. 90D Prohibition on election material in caretaker period (1) A local government must not, during a caretaker period for the local government, publish or distribute election material. (2) Election material is anything able to, or intended to— (a) influence an elector about voting at an election; or (b) affect the result of an election. Current as at [Not applicable] Page 85
Not authorised —indicative only Local Government Act 2009 Chapter 4 Finances and accountability [s 91] (3) The prohibition under subsection (1) does not apply to making a how-to-vote card available under the Local Government Electoral Act 2011 , section 179(6). Chapter 4 Finances and accountability Part 1 Rates and charges 91 What this part is about (1) This part is about rates and charges. (2) Rates and charges are levies that a local government imposes— (a) on land; and (b) for a service, facility or activity that is supplied or undertaken by— (i) the local government; or (ii) someone on behalf of the local government (including a garbage collection contractor, for example). 92 Types of rates and charges (1) There are 4 types of rates and charges— (a) general rates (including differential rates); and (b) special rates and charges; and (c) utility charges; and (d) separate rates and charges. Page 86 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 4 Finances and accountability [s 92] (2) General rates are for services, facilities and activities that are supplied or undertaken for the benefit of the community in general (rather than a particular person). Example— General rates contribute to the cost of roads and library services that benefit the community in general. (3) Special rates and charges are for services, facilities and activities that have a special association with particular land because— (a) the land or its occupier— (i) specially benefits from the service, facility or activity; or (ii) has or will have special access to the service, facility or activity; or (b) the land is or will be used in a way that specially contributes to the need for the service, facility or activity; or (c) the occupier of the land specially contributes to the need for the service, facility or activity. Examples— Special rates and charges could be levied— • for the cost of maintaining a road in an industrial area that is regularly used by heavy vehicles • for the cost of replacing the drainage system in only part of the local government area • on land that is used only by businesses that would benefit from the promotion of tourism in the local government area. (4) Utility charges are for a service, facility or activity for any of the following utilities— (a) waste management; (b) gas; (c) sewerage; (d) water. Current as at [Not applicable] Page 87
Not authorised —indicative only Local Government Act 2009 Chapter 4 Finances and accountability [s 93] (5) Separate rates and charges are for any other service, facility or activity. 93 Land on which rates are levied (1) Rates may be levied on rateable land. (2) Rateable land is any land or building unit, in the local government area, that is not exempted from rates. (3) The following land is exempted from rates— (a) unallocated State land within the meaning of the Land Act; (b) land that is occupied by the State or a government entity, unless— (i) the government entity is a GOC or its subsidiary (within the meaning of the Government Owned Corporations Act 1993 ) and the government entity is not exempt from paying rates; or (ii) the land is leased to the State or a government entity by someone who is not the State or a government entity; (c) land in a state forest or timber reserve, other than land occupied under— (i) an occupation permit or stock grazing permit under the Forestry Act; or (ii) a lease under the Land Act; (d) Aboriginal land under the Aboriginal Land Act 1991 , or Torres Strait Islander land under the Torres Strait Islander Land Act 1991 , other than a part of the land that is used for commercial or residential purposes; (e) the following land under the Transport Infrastructure Act— (i) strategic port land that is occupied by a port authority, the State, or a government entity; Page 88 Current as at [Not applicable]
Local Government Act 2009 Chapter 4 Finances and accountability [s 93] Not authorised —indicative only (ii) strategic port land that is occupied by a wholly owned subsidiary of a port authority, and is used in connection with the Cairns International Airport or Mackay Airport; (iii) existing or new rail corridor land; (iv) commercial corridor land that is not subject to a lease; (f) airport land, within the meaning of the Airport Assets (Restructuring and Disposal) Act 2008 , that is used for a runway, taxiway, apron, road, vacant land, buffer zone or grass verge; (g) land that is owned or held by a local government unless the land is leased by the local government to someone other than another local government; (h) land that is— (i) primarily used for showgrounds or horseracing; and (ii) exempted from rating by resolution of a local government; (i) land that is exempted from rating, by resolution of a local government, for charitable purposes; (j) land that is exempted from rating under— (i) another Act; or (ii) a regulation, for religious, charitable, educational or other public purposes. (4) The land mentioned in subsection (3)(f) stops being exempted land when either of the following events first happens— (a) a development permit under the Planning Act comes into force for the land for a use that is not mentioned in subsection (3)(f); (b) development within the meaning of the Planning Act (other than reconfiguring a lot) starts for a use that is not mentioned in subsection (3)(f). Current as at [Not applicable] Page 89
Not authorised —indicative only Local Government Act 2009 Chapter 4 Finances and accountability [s 94] 94 Power to levy rates and charges (1) Each local government— (a) must levy general rates on all rateable land within the local government area; and (b) may levy— (i) special rates and charges; and (ii) utility charges; and (iii) separate rates and charges. (1A) Without limiting subsection (1), a local government may categorise rateable land, and decide differential rates for rateable land, according to whether or not the land is the principal place of residence of the owner. (2) A local government must decide, by resolution at the local government’s budget meeting for a financial year, what rates and charges are to be levied for that financial year. 95 Overdue rates and charges are a charge over rateable land (1) This section applies if the owner of rateable land owes a local government for overdue rates and charges. (2) The overdue rates and charges are a charge on the land. (3) The local government may register the charge over the land by lodging the following documents with the registrar of titles— (a) a request to register the charge over the land, in the appropriate form; (b) a certificate signed by the chief executive officer that states there is a charge over the land for overdue rates and charges. (4) After the charge is registered over the land, the charge has priority over any other encumbrances over the land, other than encumbrances in favour of— (a) the State; or Page 90 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 4 Finances and accountability [s 96] (b) a government entity. (5) If the overdue rates and charges are paid, the local government must lodge the following documents with the registrar of titles— (a) a request to release the charge over the land, in the appropriate form; (b) a certificate signed by the chief executive officer that states the overdue rates and charges have been paid. (6) This section does not limit any other remedy that the local government has to recover the overdue rates and charges (including selling the land, for example). 96 Regulations for rates and charges A regulation may provide for any matter connected with rates and charges, including for example— (a) concessions; and (b) the categorisation of land for rates and charges; and (c) the process for recovering overdue rates and charges, including by the sale of the land to which the rates and charges relate. Part 2 Fees 97 Cost-recovery fees (1) A local government may, under a local law or a resolution, fix a cost-recovery fee. (2) A cost-recovery fee is a fee for— (a) an application for the issue or renewal of a licence, permit, registration or other approval under a Local Government Act (an application fee ); or (b) recording a change of ownership of land; or Current as at [Not applicable] Page 91
Not authorised —indicative only Local Government Act 2009 Chapter 4 Finances and accountability [s 98] (c) giving information kept under a Local Government Act; or (d) seizing property or animals under a Local Government Act; or (e) the performance of another responsibility imposed on the local government under the Building Act or the Plumbing and Drainage Act. (3) A local law or resolution for subsection (2)(d) or (e) must state— (a) the person liable to pay the cost-recovery fee; and (b) the time within which the fee must be paid. (4) A cost-recovery fee must not be more than the cost to the local government of taking the action for which the fee is charged. (5) However, an application fee may also include a tax— (a) in the circumstances and for a purpose prescribed under a regulation; and (b) if the local government decides, by resolution, that the purpose of the tax benefits its local government area. (6) The local law or resolution that fixes an application fee that includes a tax must state the amount, and the purpose, of the tax. (7) If an application fee that includes a tax is payable in relation to land, the tax applies only in relation to land that is rateable land. (8) A local government may fix a cost-recovery fee by resolution even if the fee had previously been fixed by a local law. 98 Register of cost-recovery fees (1) A local government must keep a register of its cost-recovery fees. (2) The register must state the paragraph of section 97(2) under which the cost-recovery fee is fixed. Page 92 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 4 Finances and accountability [s 99] (3) Also, the register must state— (a) for a cost-recovery fee under section 97(2)(a)—the provision of the Local Government Act under which the licence, permit, registration or other approval is issued or renewed; or (b) for a cost-recovery fee under section 97(2)(c)—the provision of the Local Government Act under which the information is kept; or (c) for a cost-recovery fee under section 97(2)(d)—the provision of the Local Government Act under which the property or animals are seized; or (d) for a cost-recovery fee under section 97(2)(e)—the provision of the Building Act or the Plumbing and Drainage Act under which the responsibility is imposed. (4) The public may inspect the register at the local government’s public office. 99 Fees on occupiers of land below the high-water mark (1) This section applies to the occupier (other than the State or a government entity) of a structure that is on land that— (a) is not rateable land, and therefore not subject to rates; and (b) is in, or is adjoining, a local government area; and (c) is below the high-water mark. (2) The high-water mark is the ordinary high-water mark at spring tides. (3) The local government for the local government area may, by resolution, levy a fee on the occupier of the structure for the use of the local government’s roads and other infrastructure. (4) For subsection (3), fee includes a tax. Current as at [Not applicable] Page 93
Not authorised —indicative only Local Government Act 2009 Chapter 4 Finances and accountability [s 100] 100 Fees on residents of particular local government areas (1) This section applies to the following local governments— (a) Aurukun Shire Council; (b) Mornington Shire Council; (c) an indigenous local government. (2) A local government may, by resolution, levy a fee on residents of its local government area. (3) The local government may exempt a resident from paying the fee, if another amount is payable to the local government in relation to the property in which the resident resides. Part 3 Financial planning and accountability 101 Statutory Bodies Financial Arrangements Act applies to local governments (1) A local government is a statutory body for the Statutory Bodies Financial Arrangements Act. (2) Part 2B of that Act sets out the way in which that Act affects a local government’s powers. 104 Financial management systems (1) To ensure it is financially sustainable, a local government must establish a system of financial management that— (a) ensures regard is had to the sound contracting principles when entering into a contract for— (i) the supply of goods or services; or (ii) the disposal of assets; and (b) complies with subsections (5) to (7). Page 94 Current as at [Not applicable]
Local Government Act 2009 Chapter 4 Finances and accountability [s 104] Not authorised —indicative only (2) A local government is financially sustainable if the local government is able to maintain its financial capital and infrastructure capital over the long term. (3) The sound contracting principles are— (a) value for money; and (b) open and effective competition; and (c) the development of competitive local business and industry; and (d) environmental protection; and (e) ethical behaviour and fair dealing. (4) A contract for the supply of goods or services includes a contract about carrying out work. (5) The system of financial management established by a local government must include— (a) the following financial planning documents prepared for the local government— (i) a 5-year corporate plan that incorporates community engagement; (ii) a long-term asset management plan; (iii) a long-term financial forecast; (iv) an annual budget including revenue statement; (v) an annual operational plan; and (b) the following financial accountability documents prepared for the local government— (i) general purpose financial statements; (ii) asset registers; (iii) an annual report; (iv) a report on the results of an annual review of the implementation of the annual operational plan; and (c) the following financial policies of the local government— Current as at [Not applicable] Page 95
Not authorised —indicative only Local Government Act 2009 Chapter 4 Finances and accountability [s 105] (i) investment policy; (ii) debt policy; (iii) revenue policy. (6) A local government must ensure the financial policies of the local government are regularly reviewed and updated as necessary. (7) A local government must carry out a review of the implementation of the annual operational plan annually. (8) To remove any doubt, it is declared that subsection (1)(a) does not require equal consideration to be given to each of the sound contracting principles. 105 Auditing, including internal auditing (1) Each local government must establish an efficient and effective internal audit function. (2) Each large local government must also establish an audit committee. (3) A large local government is a local government that belongs to a class prescribed under a regulation. (4) An audit committee is a committee that— (a) monitors and reviews— (i) the integrity of financial documents; and (ii) the internal audit function; and (iii) the effectiveness and objectivity of the local government’s internal auditors; and (b) makes recommendations to the local government about any matters that the audit committee considers need action or improvement. 107 Insurance (1) A local government must maintain the following insurance— Page 96 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 4 Finances and accountability [s 107A] (a) public liability insurance; (b) professional indemnity insurance. (2) The insurance must be for at least the amount required under a regulation. (3) A local government may enter into a contract of insurance with WorkCover Queensland, or another insurer, to cover its councillors. (4) For that purpose, a councillor’s role includes attending— (a) meetings of the local government or its committees that the councillor is entitled or asked to attend; and (b) meetings for a resident of the local government area; and (c) conferences, deputations, inspections and meetings at which the councillor’s attendance is permitted by the local government; and (d) official functions organised for the local government. 107A Approval of budget (1) A local government must consider the budget presented by the mayor and, by resolution, adopt the budget with or without amendment. (2) The mayor must give a copy of the budget, as proposed to be presented to the local government, to each councillor at least 2 weeks before the local government is to consider adopting the budget. (3) The local government must adopt a budget before 1 August in the financial year to which the budget relates. Current as at [Not applicable] Page 97
Not authorised —indicative only Local Government Act 2009 Chapter 4 Finances and accountability [s 108] Part 4 Councillor’s financial accountability 108 What this part is about This part is about councillors’ financial accountability. 109 Councillor’s discretionary funds (1) A councillor must ensure that the councillor’s discretionary funds are used in accordance with the requirements prescribed under a regulation. (2) Discretionary funds are funds in the local government’s operating fund that are— (a) budgeted for community purposes; and (b) allocated by a councillor at the councillor’s discretion. 110 Councillors liable for improper disbursements (1) This section applies if— (a) a local government disburses local government funds in a financial year; and (b) the disbursement— (i) is not provided for in the local government’s budget for the financial year; and (ii) is made without the approval of the local government by resolution. (2) The local government must give the public notice of the disbursement in a newspaper that is circulating generally in the local government area, within 14 days after the disbursement is made. (3) If the disbursement is not made for a genuine emergency or hardship, the councillors who knowingly agree to the Page 98 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 4 Finances and accountability [s 111] disbursement are jointly and severally liable to pay the local government— (a) the amount of the disbursement; and (b) interest on the amount of the disbursement, at the rate at which interest accrues on overdue rates, calculated from the day of the disbursement to the day of repayment; and (c) any fees, charges, penalties or other expenses incurred by the local government in relation to the disbursement. (4) Those amounts may be recovered as a debt payable to the local government. 111 Councillors liable for loans to individuals (1) A local government must not, either directly or indirectly, make or guarantee a loan to an individual. (2) Guarantee a loan includes provide a security in connection with a loan. (3) The councillors who knowingly agree to loan the money are jointly and severally liable to pay the local government— (a) the amount of the loan; and (b) interest on the amount of the loan, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and (c) any fees, charges, penalties or other expenses incurred by the local government in relation to the loan. (4) Those amounts may be recovered as a debt payable to the local government. 112 Councillors liable for improper borrowings (1) This section applies if a local government borrows money— (a) for a purpose that is not for the good rule and government of the local government area; or Current as at [Not applicable] Page 99
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 113] (b) in contravention of this Act or the Statutory Bodies Financial Arrangements Act. (2) The councillors who knowingly agree to borrow the money are jointly and severally liable to pay the local government— (a) the amount borrowed; and (b) interest on the amount borrowed, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and (c) any fees, charges, penalties or other expenses incurred by the local government in relation to the borrowing. (3) Those amounts may be recovered as a debt payable to the local government. (4) This section applies despite— (a) the fact that a security was issued for the borrowing; or (b) the Statutory Bodies Financial Arrangements Act. Chapter 5 Monitoring and enforcing the Local Government Acts Part 1 Local governments Division 1 Introduction 113 What this part is about (1) The purpose of this part is to allow the Minister, on behalf of the State— (a) to gather information (including under a direction) to monitor and evaluate whether a local government or a councillor— Page 100 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 114] (i) is performing their responsibilities properly; or (ii) is complying with the Local Government Acts; and (b) if the information shows that the local government or councillor is not performing their responsibilities properly, or is not complying with the Local Government Acts—to take remedial action. (2) Remedial action is action to improve the local government’s or councillor’s performance or compliance. (3) Remedial action may include, for example, directing— (a) the local government or councillor to take the action that is necessary to comply with a Local Government Act; or (b) the local government to replace a resolution that is contrary to a Local Government Act with a resolution that complies with the Local Government Act; or (c) the local government to amend a local law by removing a provision that is contrary to a Local Government Act. 114 Decisions under this part are not subject to appeal A decision of the Minister under this part is not subject to appeal. Note— See section 244 for more information. Division 2 Monitoring and evaluation 115 Gathering information To monitor and evaluate a local government’s or councillor’s performance and compliance, the department’s chief executive may— (a) examine the information contained in the local government’s records and operations; or Current as at [Not applicable] Page 101
Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 116] (b) otherwise carry out an investigation of the local government’s or councillor’s performance and compliance. Not authorised —indicative only 116 Acting on the information gathered (1) This section applies if the information gathered by the department’s chief executive shows that the local government or councillor— (a) is not performing their responsibilities properly; or (b) is not complying with the Local Government Acts. (2) The department’s chief executive may— (a) give the information to the Minister; and (b) make any recommendations to the Minister about what remedial action to take. (3) The Minister may take the remedial action that the Minister considers appropriate in the circumstances. (4) The Minister may publish the following information— (a) the way in which the local government or councillor— (i) is not performing their responsibilities properly; or (ii) is not complying with the Local Government Acts; (b) the remedial action that the Minister has taken. (5) The Minister may— (a) publish the information in a newspaper that is circulating generally in the local government area; or (b) direct the local government to publish the information on the local government’s website. 117 Advisors (1) This section applies if the information gathered by the department’s chief executive shows that the local government— Page 102 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 118] (a) is not performing its responsibilities properly; or (b) is not complying with the Local Government Acts. (2) The department’s chief executive may, by gazette notice, appoint an advisor for the local government. (3) An advisor is responsible for— (a) helping the local government to build its capacity— (i) to perform its responsibilities properly; or (ii) to comply with the Local Government Acts; and (b) performing other related duties as directed by the department’s chief executive. (4) The local government must cooperate fully with the advisor. 118 Financial controllers (1) This section applies if the information gathered by the department’s chief executive shows that the local government— (a) is not performing its responsibilities properly; or (b) is not complying with the Local Government Acts. (2) The department’s chief executive may, by gazette notice, appoint a financial controller for the local government. (3) A financial controller is responsible for— (a) implementing financial controls as directed by the department’s chief executive; and (b) performing other related duties as directed by the department’s chief executive. (4) The local government must cooperate fully with the financial controller. (5) If a financial controller is appointed, a payment from an account kept by the local government with a financial institution may be made only by— (a) a cheque countersigned by the financial controller; or Current as at [Not applicable] Page 103
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 119] (b) an electronic funds transfer authorised by the financial controller. (6) If the financial controller reasonably believes a decision, resolution or order to make a payment is financially unsound, the financial controller must— (a) refuse to make a payment; and (b) advise the department’s chief executive about why the decision, resolution or order is financially unsound. (7) A decision, resolution or order is financially unsound if the decision, resolution or order— (a) may cause the local government to become insolvent; or (b) will result in unlawful expenditure by the local government; or (c) will result in a disbursement from a fund that is not provided for in the local government’s budget; or (d) will result in expenditure from grant moneys for a purpose other than the purpose for which the grant was given. 119 Costs and expenses of advisors and financial controllers (1) The department’s chief executive may direct a local government for which an advisor or financial controller is appointed to pay the Minister a stated amount for— (a) the salary and allowances payable to the advisor or financial controller; and (b) the costs and expenses of the advisor or financial controller. (2) The direction may state a time for payment. (3) The stated amount is a debt payable to the State. Page 104 Current as at [Not applicable]
Division 3 Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 120] Action by the Minister Not authorised —indicative only 120 Precondition to remedial action (1) This section applies if the Minister proposes to exercise a power under this division. (2) The Minister must give the local government or councillor in question a written notice of the proposal to exercise the power, before the power is exercised, unless— (a) the local government or councillor asked the Minister to exercise the power; or (b) if the Minister proposes to exercise a power under section 122 or 123—the tribunal has made a recommendation under section 180 to suspend or dismiss a councillor; or (c) the Minister considers that giving notice— (i) is likely to defeat the purpose of the exercise of the power; or (ii) would serve no useful purpose. (3) The notice must state— (a) the power that the Minister proposes to exercise; and (b) the reasons for exercising the power; and (c) any remedial action that the local government or councillor should take; and (d) a reasonable time within which the local government or councillor may make submissions to the Minister about the proposal to exercise the power. (4) The reasons stated in the notice are the only reasons that can be relied on in support of the exercise of the power. (5) The Minister must have regard to all submissions that are made by the local government or councillor within the time specified in the notice. (6) If— Current as at [Not applicable] Page 105
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 121] (a) the Minister receives no submissions from the local government or councillor within the time specified in the notice; or (b) the submissions from the local government or councillor do not contain reasonable grounds to persuade the Minister not to exercise the power; the Minister may exercise the power without further notice to the local government or councillor. 121 Removing unsound decisions (1) This section applies if the Minister reasonably believes that a decision of the local government is contrary to any law or inconsistent with the local government principles. (2) A decision is— (a) a resolution; or (b) an order to give effect to a resolution; or (c) a planning scheme; or (d) a part of a decision mentioned in paragraphs (a) to (c). (3) The Minister, by a gazette notice, may— (a) suspend the decision, for a specified period or indefinitely; or (b) revoke the decision. (4) The gazette notice must state— (a) how the decision is contrary to a law or inconsistent with the local government principles; and (b) if the decision has been suspended—how the decision may be amended so that it is no longer contrary to the law or inconsistent with the local government principles. (5) If the Minister suspends the decision, the decision stops having effect for the period specified in the gazette notice. (6) If the Minister revokes the decision— Page 106 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 122] (a) the decision stops having effect on the day specified in the gazette notice; or (b) if no day is specified in the gazette notice—the decision is taken to never have had effect. (7) The State is not liable for any loss or expense incurred by a person because a local government’s decision is suspended or revoked under this section. 122 Removing a councillor (1) This section applies if— (a) the tribunal recommends under section 180 that a councillor be suspended or dismissed; or (b) the Minister reasonably believes that a councillor has seriously or continuously breached the local government principles; or (c) the Minister reasonably believes that a councillor is incapable of performing their responsibilities. (2) The Minister may recommend that the Governor in Council— (a) if the tribunal recommends that a councillor be suspended or dismissed—suspend or dismiss the councillor; or (b) if the proposal in the Minister’s notice under section 120 was to suspend the councillor for a stated period— suspend the councillor for a period that is no longer than the stated period; or (c) if the proposal in the Minister’s notice under section 120 was to dismiss the councillor—suspend or dismiss the councillor. (3) The Governor in Council may give effect to the Minister’s recommendation under a regulation. 123 Dissolving a local government (1) This section applies if— Current as at [Not applicable] Page 107
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 124] (a) the tribunal recommends under section 180 that every councillor be suspended or dismissed; or (b) the Minister reasonably believes that a local government has seriously or continuously breached the local government principles; or (c) the Minister reasonably believes that a local government is incapable of performing its responsibilities. (2) The Minister may recommend that the Governor in Council— (a) dissolve the local government; and (b) appoint an interim administrator to act in place of the councillors until the conclusion of a fresh election of councillors. (3) The Governor in Council may give effect to the Minister’s recommendation under a regulation. (4) The regulation has effect in accordance with the requirements of the Constitution of Queensland 2001 , chapter 7, part 2. (5) It is Parliament’s intention that a fresh election of the councillors of the local government should be held as soon as practicable after the Legislative Assembly ratifies the dissolution of the local government. 124 Interim administrator acts for the councillors temporarily (1) This section applies if an interim administrator is appointed to act in place of the councillors of a local government. (2) The interim administrator has all the responsibilities and powers of— (a) the local government; and (b) the mayor. (3) However, a regulation may limit the responsibilities and powers of the interim administrator. (4) The interim administrator must exercise power under the name of ‘interim administrator of the (name of the local government)’. Page 108 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 125] (5) This Act and other Acts apply to the interim administrator, with all necessary changes, and any changes prescribed under a regulation, as if the interim administrator were the local government. (6) The Governor in Council may direct a local government for which an interim administrator is appointed to pay to the Minister an amount specified in the direction for the costs and expenses of the interim administrator. (7) The specified amount may include the salary and allowances payable to an officer of the public service who is appointed as interim administrator. (8) The direction may specify a time for payment. (9) The specified amount is a debt payable to the State. (10) The Minister may create an advisory committee to give the interim administrator advice about the performance of the local government’s responsibilities. Part 2 The public Division 1 Powers of authorised persons Subdivision 1 Introduction 125 What this division is about (1) This division is about the powers that may be used by an authorised person. (2) An authorised person is a person who is appointed under this Act to ensure that members of the public comply with the Local Government Acts. Note— See chapter 6, part 6 for more information about the appointment of authorised persons. Current as at [Not applicable] Page 109
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 126] (3) The powers of an authorised person include the power, in certain circumstances— (a) to ask a person for their name and address; and (b) to enter a property, including private property. (4) Private property is a property that is not a public place. (5) A public place is a place, or that part of a place, that— (a) is open to the public; or (b) is used by the public; or (c) the public is entitled to use; whether or not on payment of money. Example— A person uses a room at the front of their home as a business office. While the business office is open to the public it is a public place. However, the home is private property and not part of the public place. (6) An occupier of a property includes a person who reasonably appears to be the occupier of, or in charge of, the property. (7) Force must not be used to enter a property under this division, other than when the property is entered under a warrant that authorises that use of force. 126 Producing authorised person’s identity card (1) An authorised person may exercise a power under this division, in relation to a person, only if the authorised person— (a) first produces his or her identity card for the person to inspect; or (b) has his or her identity card displayed so it is clearly visible to the person. (2) However, if for any reason it is not practicable to comply with subsection (1), the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity. Page 110 Current as at [Not applicable]
Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 127] Subdivision 2 Power to require a person’s name and address Not authorised —indicative only 127 Power to require a person’s name and address (1) This section applies if an authorised person— (a) finds a person committing an infringement notice offence; or (b) finds a person in circumstances that lead the authorised person to suspect, on reasonable grounds, that the person has just committed an infringement notice offence; or (c) has information that leads the authorised person to suspect, on reasonable grounds, that a person has just committed an infringement notice offence. (2) An infringement notice offence is an offence prescribed under the State Penalties Enforcement Act 1999 to be an infringement notice offence. (3) The authorised person may require the person to state the person’s name and address. (4) If the authorised person does so, the authorised person must also warn the person that it is an offence to fail to state the person’s name and address, unless the person has a reasonable excuse. (5) The authorised person may require the person to give evidence of the person’s name or address if the authorised person suspects, on reasonable grounds, that the person has given a false name or address. (6) The person must comply with an authorised person’s requirement under subsection (3) or (5), unless the person has a reasonable excuse. Maximum penalty—35 penalty units. (7) However, the person does not commit an offence under subsection (6), if the person is not proved to have committed the infringement notice offence. Current as at [Not applicable] Page 111
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 128] Subdivision 3 Powers to enter property etc. 128 Entering a public place that is open without the need for permission (1) This section applies if an authorised person wants to enter a public place to ensure that the public place complies with the Local Government Acts. (2) The authorised person may enter the public place, without the permission of the occupier of the place, if the place is not closed to the public (by a locked gate, for example). 129 Entering private property with, and in accordance with, the occupier’s permission (1) An authorised person may enter private property, that is not closed to entry by the public (by a locked gate, for example), in order to ask the occupier of the property for permission to stay on the property and exercise powers under a Local Government Act. (2) When asking the occupier for permission, the authorised person must inform the occupier— (a) of the purpose of entering the property; and (b) that any thing or information that the authorised person finds on the property may be used as evidence in court; and (c) that the occupier is not obliged to give permission. (3) If the occupier gives permission, the authorised person may ask the occupier to sign a document that confirms that the occupier has given permission. (4) The document must state— (a) that the authorised person informed the occupier— (i) of the purpose of entering the property; and Page 112 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 129] (ii) that any thing or information that the authorised person finds on the property may be used as evidence in court; and (iii) that the occupier was not obliged to give the permission; and (b) that the occupier gave the authorised person permission to enter the property and exercise powers under a Local Government Act; and (c) the date and time when the occupier gave the permission. (5) If the occupier signs the document, the authorised person must immediately give a copy of the document to the occupier. (6) If, in any proceedings— (a) a question arises as to whether the occupier of a property gave permission to allow an authorised person to stay on the property under this Act; and (b) a document that confirms the occupier gave permission is not produced in evidence; the court may assume that the occupier did not give the permission, unless the contrary is proved. (7) If the occupier gives permission, the authorised person may stay on the property and exercise the powers that the occupier has agreed to be exercised on the property. (8) However, the right to stay on the property— (a) is subject to any conditions that the occupier imposes (including about the times when the property may be entered, for example); and (b) may be cancelled by the occupier at any time. Current as at [Not applicable] Page 113
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 130] 130 Entering private property with, and in accordance with, a warrant (1) An authorised person may enter private property with, and in accordance with, a warrant. (2) An authorised person must apply to a magistrate for a warrant. (3) The application for the warrant must— (a) be in the form approved by the department’s chief executive; and (b) be sworn; and (c) state the grounds on which the warrant is sought. (4) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information that the magistrate requires about the application, in the way that the magistrate requires. Example— The magistrate may require additional information in support of the application to be given by statutory declaration. (5) The magistrate may issue the warrant only if the magistrate is satisfied that there are reasonable grounds for suspecting— (a) there is a particular thing or activity that may provide evidence of an offence against a Local Government Act (the evidence ); and (b) the evidence is at the place, or may be at the place within the next 7 days. (6) The warrant must state— (a) the evidence for which the warrant is issued; and (b) that the authorised person may, with necessary and reasonable help and force, enter the property and exercise an authorised person’s powers under this Act; and (c) the hours of the day or night when the property may be entered; and Page 114 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 131] (d) the day (within 14 days after the warrant’s issue) when the warrant ends. (7) The magistrate must keep a record of the reasons for issuing the warrant. (8) A warrant is not invalidated by a defect in the warrant, or in compliance with section 131, unless the defect affects the substance of the warrant in a material particular. (9) As soon as an authorised person enters private property under a warrant, the authorised person must do, or make a reasonable attempt to do, the following things— (a) inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the warrant authorises the authorised person to enter the property without the permission of the occupier; (b) give any occupier a reasonable opportunity to allow the authorised person to immediately enter the property without using force. (10) However, the authorised person does not need to comply with subsection (9) if the authorised person believes that immediate entry to the property is required to ensure the warrant is effectively executed. 131 Warrants—applications made electronically (1) An authorised person may make an electronic application for a warrant if the authorised person considers it necessary because of— (a) urgent circumstances; or (b) special circumstances (including the authorised person’s remote location, for example). (2) An electronic application is an application made by phone, fax, radio, email, videoconferencing or another form of electronic communication. Current as at [Not applicable] Page 115
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 131] (3) The authorised person must prepare an application for the warrant that states the grounds on which the warrant is sought, before applying for the warrant. (4) However, the authorised person may apply for the warrant before the application is sworn. (5) The magistrate may issue the warrant only if the magistrate is satisfied that— (a) it was necessary to make the application electronically; and (b) the way that the application was made was appropriate in the circumstances. (6) If the magistrate issues the warrant, and it is reasonably practicable to send a copy of the warrant to the authorised person (by fax or email, for example), the magistrate must immediately do so. (7) If it is not reasonably practicable to send a copy of the warrant to the authorised person— (a) the magistrate must— (i) inform the authorised person of the date and time when the magistrate signed the warrant; and (ii) inform the authorised person of the terms of the warrant; and (b) the authorised person must write on a warrant form— (i) the magistrate’s name; and (ii) the date and time when the magistrate signed the warrant; and (iii) the terms of the warrant. (8) The copy of the warrant sent to the authorised person, or the warrant form properly completed by the authorised person, authorises the authorised person to enter the property, and to exercise the powers, mentioned in the warrant that was signed by the magistrate. Page 116 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 132] (9) The authorised person must, at the first reasonable opportunity, send the magistrate— (a) the sworn application; and (b) if the authorised person completed a warrant form—the completed warrant form. (10) When the magistrate receives those documents, the magistrate must attach them to the warrant that was signed by the magistrate, and give the warrant to the clerk of the court. (11) Unless the contrary is proven, a court must presume that a power exercised by an authorised person was not authorised by a warrant issued under this section if— (a) a question arises, in any proceedings before the court, whether the exercise of power was authorised by a warrant; and (b) the warrant is not produced in evidence. 132 Entering under an application, permit or notice (1) This section applies if an authorised person wants to enter a property— (a) to inspect the property in order to process an application made under any Local Government Act; or (b) to inspect a record that is required to be kept for a budget accommodation building under the Building Act, chapter 7; or (c) to find out whether the conditions on which a permit or notice was issued have been complied with; or (d) to inspect work that is the subject of, or was carried out under, a permit or notice. (2) A permit is an approval, authorisation, consent, licence, permission, registration or other authority issued under any Local Government Act. (3) A notice is a notice issued under any Local Government Act. Current as at [Not applicable] Page 117
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 133] (4) The authorised person may enter the property without the permission of the occupier of the property— (a) at any reasonable time during the day; or (b) at night, if— (i) the occupier of the property asks the authorised person to enter the property at that time; or (ii) the conditions of the permit allow the authorised person to enter the property at that time; or (iii) the property is a public place and is not closed to the public. (5) However, the authorised person— (a) must, as soon as the authorised person enters the property, inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and (b) may enter a home that is on the property only if the occupier of the relevant part of the property accompanies the authorised person. 133 Entering property under an approved inspection program (1) An authorised person may enter a property (other than a home on the property) without the permission of the occupier of the property, at any reasonable time of the day or night, under an approved inspection program. (2) An approved inspection program is a program, approved by a local government, under which an authorised person may enter and inspect properties in the local government area to ensure the Local Government Acts are being complied with. Example of an approved inspection program— a program to ensure that swimming pools are fenced in accordance with a local law Page 118 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 134] (3) The local government must give, or must make a reasonable attempt to give, the occupier of the property a written notice that informs the occupier of the following— (a) the local government’s intention to enter the property; (b) the reason for entering the property; (c) an estimation of when the property will be entered. Example— A local government may give the written notice to an occupier of a property by dropping a flyer in the letterbox for the property. (4) The local government must give, or make a reasonable attempt to give, the written notice to the occupier within a reasonable time before the property is to be entered. (5) The authorised person— (a) must, as soon as the authorised person enters the property, inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and (b) may enter a budget accommodation building on the property only to monitor compliance with the Building Act, chapter 7. 134 Approving an inspection program (1) A local government may, by resolution, approve the following types of inspection programs— (a) a systematic inspection program; (b) a selective inspection program. (2) A systematic inspection program allows an authorised person to enter and inspect all properties, or all properties of a certain type, in the local government area. Current as at [Not applicable] Page 119
Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 134] Not authorised —indicative only (3) A selective inspection program allows an authorised person to enter and inspect those properties in the local government area that have been selected in accordance with objective criteria specified in the resolution. (4) The resolution must state— (a) the purpose of the program; and (b) when the program starts; and (c) for a systematic inspection program that allows a type of property to be entered and inspected—a description of the type of property; and (d) for a selective inspection program—the objective criteria for selecting the properties to be entered and inspected; and (e) the period (of not more than 3 months or another period prescribed under a regulation) over which the program is to be carried out. (5) The local government must give the public notice of the approval of an inspection program, at least 14 days, but not more than 28 days, before the approved inspection program starts. (6) The notice must be published— (a) in a newspaper that is circulating generally in the local government area; and (b) on the local government’s website. (7) The notice must state the following— (a) the name of the local government; (b) the purpose and scope of the program, in general terms; (c) when the program starts; (d) the period over which the program is to be carried out; (e) that the public may inspect a copy of the resolution that approved the program at the local government’s public office until the end of the program; Page 120 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 134A] (f) that a copy of the resolution that approved the program may be purchased at the local government’s public office until the end of the program; (g) the price of a copy of the resolution that approved the program. (8) The price of a copy of the resolution that approved the program must be no more than the cost to the local government of making the copy available for purchase. (9) From the time when the notice is published in the newspaper until the end of the program— (a) the public may inspect a copy of the resolution that approved the program at the local government’s public office; and (b) copies of the resolution that approved the program must be available for purchase at the local government’s public office at the price stated in the notice. 134A Entry by authorised person, at reasonable times, to inspect regulated pools (1) At all reasonable times, an authorised person may enter a property (other than a home on the property) without permission of the occupier of the property to inspect a regulated pool, and barriers or fencing for the pool, for compliance with— (a) if, under the Building Act, the owner of the pool must ensure the pool complies with the pool safety standard or a part of the standard—the pool safety standard or part; or (b) if paragraph (a) does not apply—a provision of a law that regulates— (i) the construction or maintenance of barriers or fencing for the pool; or (ii) another matter relating to the safety of persons using the pool. Current as at [Not applicable] Page 121
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 135] (2) However, the authorised person must, as soon as the authorised person enters the property— (a) inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and (b) produce his or her identity card for the occupier of the property to inspect. (3) In this section— pool safety standard see the Building Act, section 231D. 135 General powers after entering a property (1) This section explains the powers that an authorised person has after entering a property, other than entering a property— (a) to ask the occupier of the property for permission to stay on the property; or (b) under section 132, 133 or 134A. (2) The authorised person may— (a) search any part of the property; or (b) inspect, test, photograph or film anything that is in or on the property; or (c) copy a document that is in or on the property; or (d) take samples of or from anything that is in or on the property; or (e) take into or onto the property any persons, equipment and materials that the authorised person reasonably requires for exercising the authorised person’s powers; or (f) require the occupier of the property, or a person in or on the property, to give the authorised person reasonable Page 122 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 136] help to exercise the authorised person’s powers under paragraphs (a) to (e). (3) An authorised person may exercise a power under subsection (2) only if exercising the power is necessary for the purpose related to the entry of the property. (4) If a person is required to give reasonable help under subsection (2)(f), the person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—8 penalty units. (5) If the requirement is to be complied with by the person giving information or producing a document, it is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might incriminate the person. 136 Authorised person to give notice of damage (1) This section applies if— (a) something is damaged by— (i) an authorised person, when the authorised person exercises a power under this division; or (ii) a person who is authorised by an authorised person to take action under this division, when the person takes the action; or (b) the authorised person considers, on reasonable grounds, that the damage is more than trivial damage. (2) The authorised person must immediately give written notice of the particulars of the damage to the person who appears to be the owner of the thing that was damaged. (3) However, if for any reason it is not practicable to do so, the authorised person must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the thing was damaged. (4) The owner of a thing includes a person in possession or control of the thing. Current as at [Not applicable] Page 123
Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 137] (5) If the authorised person believes the damage was caused by a latent defect in the thing, or other circumstances beyond the authorised person’s control, the authorised person may state that in the notice. Not authorised —indicative only 137 Compensation for damage or loss caused after entry (1) If a person incurs damage or loss because of the exercise, or purported exercise, of a power under this division, the local government must pay the person compensation. (2) The compensation equals— (a) the amount agreed between the person and local government; or (b) if the person and local government can not agree, the amount that is decided by a court. (3) The person may claim the compensation in— (a) any proceedings for compensation; or (b) any proceedings brought against the person for an offence against any Local Government Act. (4) A court may order compensation to be paid only if the court is satisfied it is just to do so in all the circumstances. (5) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order. (6) The court may make any order about costs that the court considers just. Division 2 Powers of other persons 138 What this division is about (1) This division is about the powers that may be used— (a) to enable a local government to perform its responsibilities; or Page 124 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 138] (b) to ensure that a person complies with this Act, and the other Local Government Acts, including by complying with a remedial notice. (2) This division explains the circumstances in which a person is authorised to enter a property under this division, namely— (a) in a potentially dangerous situation, to take urgent action; or (b) to take action in relation to local government facilities on the property (including water or sewerage pipes, for example); or (c) with (and in accordance with) the permission of the occupier of the property; or (d) with (and in accordance with) a court order; or (e) with (and in accordance with) a reasonable entry notice. (3) The following persons may enter a property under this division— (a) if the occupier of the property is not the owner of the property—the owner or the owner’s employee; (b) a local government worker. (4) A local government worker is an employee, or agent, of the local government who is authorised by the local government to act under this division. Note— Not every employee or agent of the local government would ordinarily be authorised to act under this division. (5) However, the local government may authorise an employee or agent to act under this division only if the employee or agent is appropriately qualified or trained to exercise a power or perform a responsibility under this division. (6) Force must not be used to enter a property under this division, unless the property is entered under a court order that specifically authorises the use of that force. Current as at [Not applicable] Page 125
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 138AA] 138AA Notices for this division (1) A remedial notice is a written notice that requires the owner or occupier of a property to take action under a Local Government Act in relation to the property (including fencing a pool, for example). (2) A remedial notice may only be given by a local government to the person who, under a Local Government Act, is required to take the action stated in the notice. (3) A reasonable entry notice is a written notice about a proposed entry of a property that— (a) informs the owner or occupier of the property of— (i) who is to enter the property; and (ii) the reason for entering the property; and (iii) the days and times when the property is to be entered; and (b) is given to the owner or occupier of the property at least 7 days before the property is proposed to be entered. (4) A remedial notice and a reasonable entry notice may not be combined unless— (a) the owner of the property is also the occupier of the property; or (b) the occupier of the property is the person who, under a Local Government Act, is required to take the action stated in the remedial notice. (5) A notice given under this division in contravention of this section is of no effect. 138A Identity card for use under this division (1) A local government is not required to give a local government worker an identity card unless the worker is exercising a power of entry under this division. (2) This section does not stop a single identity card being issued to a person for this Act and for another purpose. Page 126 Current as at [Not applicable]
Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 139] (3) A person who stops being a local government worker must return the person’s identity card to the local government within 21 days after stopping being a local government worker, unless the person has a reasonable excuse. Maximum penalty for subsection (3)—10 penalty units. Not authorised —indicative only 139 Entry with, and in accordance with, permission of occupier (1) Any person may enter a property with the permission of the occupier of the property. (2) However, the right to enter the property— (a) is subject to any conditions that the occupier imposes (including about the times when the property may be entered, for example); and (b) may be cancelled by the occupier at any time. 140 Entry by an owner, with reasonable entry notice, under a remedial notice (1) This section applies if— (a) a local government gives a remedial notice to the owner of a property; and (b) the owner is not the occupier of the property. (2) After the owner gives a reasonable entry notice to the occupier of the property, the owner or the owner’s agent may— (a) enter the property at the times stated in the reasonable entry notice; and (b) take the action that is required under the remedial notice. (3) If the occupier asks to inspect the remedial notice, the owner must allow the occupier to inspect the remedial notice. (4) This section does not affect any rights that the owner has apart from this section. Current as at [Not applicable] Page 127
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 141] 141 Occupier may discharge owner’s obligations (1) This section applies if— (a) the owner of a property fails— (i) to take the action in relation to the property that is required under a remedial notice; or (ii) to pay money that is payable in relation to the property under a Local Government Act (including rates, for example); and (b) the occupier of the property is not the owner of the property. (2) The occupier of the property may— (a) take the action that is required, and recover the amount that the occupier properly and reasonably incurs in taking the action as a debt payable by the owner; or (b) pay the money that is payable, and recover the money as a debt payable by the owner. (3) For example, if the occupier is the owner’s tenant, the occupier may deduct the money from any rent that the occupier owes the owner, without being in breach of the tenancy agreement. 142 Entry by a local government worker, with reasonable entry notice, under a remedial notice (1) This section applies if— (a) a local government gives a remedial notice to the owner or the occupier of a property (the responsible person ); and (b) the responsible person fails to take the action required under the remedial notice. (2) After giving a reasonable entry notice to the occupier of the property, a local government worker may— (a) enter the property (other than a home on the property) without the permission of the occupier; and Page 128 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 143] (b) take the action that is required under the remedial notice. (3) However, the local government worker must, as soon as the local government worker enters the property— (a) inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and (b) produce his or her identity card for the occupier of the property to inspect. (4) The local government may recover the amount that the local government properly and reasonably incurs in taking the action as a debt payable by the person who failed to take the action. (5) Interest is payable on the debt at the same rate that interest is payable on overdue rates levied by the local government. (6) The local government must give the person who failed to take the action written notice of the amount of the debt. (7) Subsection (8) applies if the person who failed to take the action is the owner of the property. (8) If the debt is not paid within 30 days after the date of the written notice, the local government may recover the debt as if the debt were overdue rates. 143 Entry by a local government worker, with reasonable entry notice, to take materials (1) This section applies if, in the circumstances, a local government has no other reasonably practicable way of obtaining materials other than by removing the materials from relevant land. (2) Relevant land means land, other than protected land, that is— (a) within the local government area; or Current as at [Not applicable] Page 129
Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 143] Not authorised —indicative only (b) if the local government has the written approval of the Minister, under section 9(4)(b)(i), to exercise its powers outside its local government area—outside its local government area; or (c) if the local government may exercise a power in another local government’s area for the purpose of a joint government activity—within the other local government’s area. (3) Protected land is land that is— (a) the site of, or curtilage around, a home or other structure; or (b) a court, lawn, park, planted walk or avenue or yard; or (c) under cultivation (including a garden, nursery or plantation, for example); or (d) a state forest or timber reserve under the Forestry Act; or (e) a protected area under the Nature Conservation Act 1992 ; or (f) the wet tropics area under the Wet Tropics World Heritage Protection and Management Act 1993 . (4) After giving a reasonable entry notice to the owner and the occupier of the rateable land, a local government worker may— (a) enter the land without the permission of the occupier of the land; and (b) search for materials that the local government requires to perform its responsibilities; and (c) remove the materials from the land. Example— A local government may remove dirt from the land for use in mopping up an oil spill on a neighbouring road to prevent the oil entering a stormwater drain. (5) However, the local government worker must, as soon as the local government worker enters the property— Page 130 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 144] (a) inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and (b) produce his or her identity card for the occupier of the property to inspect. (6) The local government worker must not search for, or remove materials from, within 50m of any structure or works on the land (including a home, bridge, dam or wharf, for example). 144 Entry by a local government worker, at reasonable times, to repair etc. facilities (1) At all reasonable times, a local government worker may enter a property (other than a home on the property) without the permission of the occupier of the property— (a) to investigate the future installation of local government facilities on, over or under the property; or (b) to install local government facilities on, over or under the property; or (c) to inspect, maintain, operate, repair, replace or remove local government facilities, that are on, over or under the property, for their routine operations. (2) Local government facilities are facilities that are installed by a local government (including sewerage pipes, for example). (3) However, the local government worker must, as soon as the local government worker enters the property— (a) inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and Current as at [Not applicable] Page 131
Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 145] (b) produce his or her identity card for the occupier of the property to inspect. Not authorised —indicative only 145 Entry by a local government worker, at any time, for urgent action (1) A local government worker may enter a property (other than a home on the property), at any time without the permission of the occupier of the property, in a potentially dangerous situation to take urgent action for local government purposes. Example— A local government worker may enter a property to cut down a tree that was blown over in a storm and is in danger of falling and injuring someone or damaging property. (2) However, the local government worker must, as soon as reasonably practicable after the local government worker enters the property— (a) inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and (b) produce his or her identity card for the occupier of the property to inspect. 146 Entry with, and in accordance with, a court order (1) A person may enter a property with, and in accordance with, a court order made under this section. (2) The person must apply to a magistrate for the court order. (3) The application must— (a) be in the form approved by the department’s chief executive; and (b) be sworn; and (c) state the grounds on which the court order is sought. Page 132 Current as at [Not applicable]
Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 146] Not authorised —indicative only (4) The person must, as soon as practicable, give a copy of the application to— (a) if the person is not the owner of the property—the owner of the property; and (b) the occupier of the property. (5) The magistrate may refuse to consider the application until the person gives the magistrate all the information that the magistrate requires about the application in the way that the magistrate requires. Example— The magistrate may require additional information supporting the application to be given by statutory declaration. (6) If the magistrate is satisfied that entry to the property is necessary to allow the person to take action under any of the Local Government Acts, the magistrate may make the court order. (7) The court order must— (a) direct the occupier of the property to allow the person to enter the property and take all action that is necessary under any Local Government Act; and (b) state the hours of the day or night when the property may be entered; and (c) state the day (within 14 days after the court order is made) when the court order ends. (8) If the person who applied for the court order is a local government worker, the court order may authorise the local government worker to use necessary and reasonable help and force to enter the property. (9) The magistrate must record the reasons for making the court order. (10) As soon as the person enters the property under the court order, the person must do, or make a reasonable attempt to do, the following things— (a) inform any occupier of the property— Current as at [Not applicable] Page 133
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 147] (i) of the reason for entering the property; and (ii) that the person is authorised under the court order to enter the property without the permission of the occupier; (b) if the court order authorises the person to use force to enter the property—give the occupier a reasonable opportunity to allow the person to immediately enter the property without using force. 147 Compensation for damage or loss caused (1) A local government worker who enters a property— (a) must not cause, or contribute to, damage to any structure or works on the property; and (b) must take all reasonable steps to ensure that the worker causes as little inconvenience, and does as little other damage, as is practicable in the circumstances. (2) If a person incurs damage or loss because of the exercise, or purported exercise, of a power under this division (including the loss of the value of materials removed from a property, or the reduction in the value of the property, for example), the local government must pay the person compensation. (3) The compensation equals— (a) the amount agreed between the person and local government; or (b) if the person and local government can not agree, the amount that is decided by a court. (4) The court may make any order about costs that the court considers just. 148 Limitation of time in absence of notice of work done (1) This section applies if work is done on a property without an approval that is required under a Local Government Act. Page 134 Current as at [Not applicable]
Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 148A] (2) For the purposes of any limitation of time for taking any proceedings or doing anything else about the work, the work is taken to have been done when a local government worker first finds out about the work. Not authorised —indicative only Part 3 Investigation of local government records Division 1 Introduction 148A What this part is about This part is about investigations conducted by the department or a local government into the accuracy of the local government’s registers or records that are required to be kept under this Act. Division 2 Investigations by department 148B Producing authorised officer’s identity card (1) This section applies if the department’s chief executive directs an authorised officer to exercise a power under this division. (2) The authorised officer may exercise the power, in relation to a person, only if the officer— (a) first produces his or her identity card for the person to inspect; or (b) has his or her identity card displayed so it is clearly visible to the person. 148C Making of inquiries for department (1) This section applies if the department’s chief executive suspects or believes, on reasonable grounds, that information Current as at [Not applicable] Page 135
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 148D] included in a register or record of a local government is incorrect because of an error or omission. (2) An authorised officer, if directed by the department’s chief executive, may make all inquiries the chief executive considers to be reasonable to find out whether and to what extent the register or record is incorrect. 148D Power to require information or document for department investigation (1) This section applies if the department’s chief executive suspects or believes, on reasonable grounds, that— (a) either or both of the following apply— (i) information included in a register or record of a local government is incorrect because of an error or omission; (ii) an offence against this Act has been committed relating to a register or record; and (b) a person— (i) is able to give information about the error, omission or offence; or (ii) holds a document relating to the error, omission or offence. (2) The department’s chief executive or, if directed by the chief executive, an authorised officer may require the person to give the information or produce the document. (3) When making the requirement, the department’s chief executive or authorised officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse. (4) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units. Page 136 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 148E] (5) If the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information or producing the document might tend to incriminate the person. (6) It is a defence in a prosecution under subsection (4) that the information or document sought by the department’s chief executive or authorised officer is not relevant to the error, omission or offence. (7) If the person produces the document to the department’s chief executive or authorised officer, the chief executive or officer— (a) may keep the document to take an extract from it or make a copy of it; and (b) must return the document to the person as soon as practicable after taking the extract or making the copy. Division 3 Investigations by local government 148E Producing authorised person’s identity card (1) This section applies if the chief executive officer directs an authorised person to exercise a power under this division. (2) The authorised person may exercise the power, in relation to another person, only if the authorised person— (a) first produces his or her identity card for the other person to inspect; or (b) has his or her identity card displayed so it is clearly visible to the other person. 148F Making of inquiries for local government (1) This section applies if the chief executive officer suspects or believes, on reasonable grounds, that information included in a register or record of the local government is incorrect because of an error or omission. Current as at [Not applicable] Page 137
Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 148G] (2) The chief executive officer or, if directed by the chief executive officer, an authorised person may make all inquiries the chief executive officer considers to be reasonable to find out whether and to what extent the register or record is incorrect. Not authorised —indicative only 148G Power to require information or document for local government investigation (1) This section applies if the chief executive officer suspects or believes, on reasonable grounds, that— (a) either or both of the following apply— (i) information included in a register or record of the local government is incorrect because of an error or omission; (ii) an offence against this Act has been committed relating to a register or record; and (b) a person— (i) is able to give information about the error, omission or offence; or (ii) holds a document relating to the error, omission or offence. (2) The chief executive officer or, if directed by the chief executive officer, an authorised person may require the person to give the information or produce the document. (3) When making the requirement, the chief executive officer or authorised person must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse. (4) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (5) If the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the Page 138 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 148H] information or producing the document might tend to incriminate the person. (6) It is a defence in a prosecution under subsection (4) that the information or document sought by the chief executive officer or authorised person is not relevant to the error, omission or offence. (7) If the person produces the document to the chief executive officer or authorised person, the chief executive or authorised person— (a) may keep the document to take an extract from it or make a copy of it; and (b) must return the document to the person as soon as practicable after taking the extract or making the copy. 148H Referral to department (1) This section applies if, because of inquiries made under this division, the chief executive officer concludes on reasonable grounds that an offence has been committed under this Act relating to a register or record. (2) The chief executive officer must report the chief executive officer’s conclusion, including the reasons for the conclusion, to the department’s chief executive. (3) Subsection (2) does not limit any duty the chief executive officer may have under the Crime and Corruption Act to notify the CCC of any complaint, information or matter that the chief executive officer reasonably suspects involves, or may involve, corrupt conduct under that Act. 148I Chief executive officer not subject to direction The chief executive officer is not subject to direction by the mayor in acting under this division. Current as at [Not applicable] Page 139
Local Government Act 2009 Chapter 5 Monitoring and enforcing the Local Government Acts [s 149] Part 4 Offences Not authorised —indicative only 149 Obstructing enforcement of Local Government Acts etc. (1) A person must not obstruct an official in the exercise of a power under this Act or a local law, unless the person has a reasonable excuse. Maximum penalty—50 penalty units. (2) An official is any of the following persons— (a) the Minister; (b) the department’s chief executive; (c) an authorised officer; (d) an investigator; (e) the mayor; (f) the chief executive officer; (g) an authorised person. (3) A person must not obstruct a local government worker in the exercise of a power under chapter 5, part 2, division 2, unless the person has a reasonable excuse. Maximum penalty—50 penalty units. Notes— 1 Local government workers are only those employees and agents of a local government who are authorised to act under chapter 5, part 2, division 2. 2 In particular circumstances a local government worker may enter a property and carry out work or obtain materials in compliance with chapter 5, part 2, division 2. (4) If a person has obstructed an official or local government worker and the official or worker decides to proceed with the exercise of the power, the official or worker must warn the person that— (a) it is an offence to obstruct the official or worker, unless the person has a reasonable excuse; and Page 140 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 150] (b) the official or worker considers the person’s conduct an obstruction. (5) A person must not pull down, damage, deface or destroy a board or anything else that is displaying a local law, order, notice or other matter authorised by a local government. Maximum penalty for subsection (5)—35 penalty units. 150 Impersonating authorised persons and authorised officers (1) A person must not pretend to be an authorised person. Maximum penalty—50 penalty units. (2) A person must not pretend to be an authorised officer. Maximum penalty—50 penalty units. 150A Duty to make documents available A person who has charge of a document owned or held by a local government must not obstruct the viewing or copying of the document by another person who is authorised to view or copy the document under this Act. Example— preventing the public from viewing a record under section 181A(2)(a) Maximum penalty—10 penalty units. Chapter 6 Administration Part 1 Introduction 151 What this chapter is about (1) This chapter contains provisions about— Current as at [Not applicable] Page 141
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 152] (a) persons who are elected or appointed to perform responsibilities under this Act; and (b) bodies that are created to perform responsibilities under this Act. (2) For example, this chapter contains provisions about— (a) qualifications for election or appointment; and (b) acting appointments; and (c) conditions of appointment; and (d) ending appointments. Part 2 Councillors Division 1 Qualifications of councillors 152 Qualifications of councillors A person is qualified to be a councillor of a local government only if the person— (a) is an adult Australian citizen; and (b) resides in the local government’s area; and (c) is enrolled on an electoral roll kept under the Electoral Act, section 58; and (d) is not disqualified from being a councillor because of a section in this division. Note— See the Local Government Electoral Act 2011 , section 26 about who may be nominated as a candidate, or for appointment, as a councillor. 153 Disqualification for certain offences (1) A person can not be a councillor— Page 142 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 153] (a) after the person is convicted of a treason offence, unless the person is pardoned of the treason offence; or (b) for 10 years after the person is convicted of an electoral offence; or (c) for 7 years after the person is convicted of a bribery offence; or (d) for 4 years after the person is convicted of an integrity offence; or (e) for the remainder of the term before the next quadrennial elections, if the person has been dismissed as a councillor under section 122 or 123. (2) A treason offence is an offence of treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth. (3) An electoral offence is— (a) a disqualifying electoral offence under the Electoral Act; or (b) an offence that would be a disqualifying electoral offence had the conviction been recorded after the commencement of the Electoral and Other Acts Amendment Act 2002 . (4) A bribery offence is an offence against— (a) section 98C of the Criminal Code; or (b) a corresponding law of another State or the Commonwealth. (5) An integrity offence is an offence against— (a) section 171, 171A(2) or (3), 175C(2), 175E(2) or (5), 175H, 175I(2) or (3) or 234; or (b) section 171B(2), if the person is convicted of an offence to which paragraph (a) of the penalty applies; or (c) section 98B, 98E or 98G(a) or (b) of the Criminal Code. Current as at [Not applicable] Page 143
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 154] (6) A person automatically stops being a councillor when the person is convicted of— (a) a treason offence; or (b) an electoral offence; or (c) a bribery offence; or (d) an integrity offence. (7) A person is taken to have been convicted of an offence— (a) if the person appeals the conviction—when the appeal is dismissed, struck out or discontinued; or (b) if the person does not appeal the conviction—at the end of the time within which an appeal must by law be started. 154 Disqualification of prisoners (1) A person can not be a councillor while the person is a prisoner. (2) A prisoner is a person who— (a) is serving a period of imprisonment; or (b) is liable to serve a period of imprisonment, even though the person has been released from imprisonment (on parole or leave of absence, for example); or (c) would be serving a term of imprisonment had the term of imprisonment not been suspended under the Penalties and Sentences Act 1992 , section 144. (3) A person automatically stops being a councillor when the person becomes a prisoner. 155 Disqualification because of other high office (1) A person can not be a councillor while the person is a government member. (2) A government member is— Page 144 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 156] (a) a member of a Parliament of the Commonwealth or a State (including Queensland); or (b) a councillor of a local government of another State. (3) A person automatically stops being a councillor when the person becomes a government member. 156 Disqualification during bankruptcy (1) A person can not be a councillor while the person is a bankrupt. (2) A person is a bankrupt if, under a bankruptcy law— (a) the person is an undischarged bankrupt; or (b) the person has executed a deed of arrangement, and the terms of the deed have not been fully complied with; or (c) the person’s creditors have accepted a composition, and a final payment has not been made under the composition. (3) A bankruptcy law is— (a) the Bankruptcy Act 1966 (Cwlth); or (b) a corresponding law of another jurisdiction, including a jurisdiction outside Australia. (4) A person automatically stops being a councillor when the person becomes a bankrupt. 157 Judicial review of qualifications (1) Any person who is entitled to vote in a local government election may apply for a judicial review of the eligibility, or continued eligibility, of a person to be a councillor on the basis that the person is disqualified under this division. (2) This section does not limit the Judicial Review Act. Current as at [Not applicable] Page 145
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 158] 158 Acting as councillor without authority A person must not act as a councillor if the person knows that— (a) the person is not qualified to be a councillor; or (b) the person’s office as a councillor has been vacated. Maximum penalty—85 penalty units. Division 2 Councillor’s term of office 159 When a councillor’s term starts A councillor’s term starts on— (a) if the councillor is elected—the day after the conclusion of the councillor’s election; or (b) if the councillor is appointed—the day on which the councillor is appointed. 160 When a councillor’s term ends A councillor’s term ends— (a) if the councillor is elected at a quadrennial election or at a fresh election—at the conclusion of the next quadrennial election; or (b) if the councillor is elected at a fresh election and a declaration is also made under a regulation—at the conclusion of the quadrennial election after the next quadrennial election; or (c) if the councillor is elected or appointed to fill a vacancy in the office of another councillor—at the end of the other councillor’s term; or (d) when the Legislative Assembly ratifies the dissolution of the local government under section 123; or (e) when the councillor’s office becomes otherwise vacant. Page 146 Current as at [Not applicable]
Local Government Act 2009 Chapter 6 Administration [s 160A] Note— See section 162 for an explanation of when this happens. Not authorised —indicative only 160A Extension of term of councillors elected at fresh elections A regulation may declare that the councillors elected at a fresh election are elected for a term ending at the conclusion of the quadrennial elections after the next quadrennial elections. 160B Compulsory leave without pay A councillor must take leave without pay for the duration of the period for which the councillor is a candidate, within the meaning of the Electoral Act, for election as a member of the Legislative Assembly. Division 3 Vacancies in councillor’s office 161 What this division is about (1) This division is about when a councillor’s office becomes vacant, and the way in which the vacancy is to be filled. (2) The way in which a vacancy is to be filled depends on— (a) whether the vacancy is in the office of the mayor or of another councillor; and (b) if the vacancy is in the office of another councillor— whether the office becomes vacant during the beginning, middle or end of the local government’s term. (3) The beginning of the local government’s term is the period of 12 months that— (a) starts on the day when the last quadrennial elections were held; and (b) ends on the day before the first anniversary of the last quadrennial elections. Current as at [Not applicable] Page 147
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 162] (4) The middle of the local government’s term is the period of 18 months that— (a) starts on the first anniversary of the last quadrennial elections; and (b) ends on the day before the final part of the local government’s term starts. (5) The final part of the local government’s term is the period that— (a) starts 30 months after the last quadrennial elections were held; and (b) ends on the day before the next quadrennial elections are held. 162 When a councillor’s office becomes vacant (1) A councillor’s office becomes vacant if the councillor— (a) is dismissed; or (b) ceases to be qualified to be a councillor under division 1; or (c) is found, on a judicial review, to be ineligible to continue to be a councillor; or (d) does not comply with section 169; or (e) is absent, without the local government’s leave, from 2 or more consecutive ordinary meetings of the local government over at least 2 months; or (f) resigns as a councillor by signed notice of resignation given to the chief executive officer; or (g) dies; or (h) becomes a local government employee. (2) A local government employee does not include— (a) a person employed under a federally funded community development project for Aborigines or Torres Strait Islanders; or Page 148 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 163] (b) a person prescribed under a regulation. 163 When a vacancy in an office must be filled (1) This section explains when a vacant office of a councillor (including the mayor) must be filled. (2) If a councillor’s office becomes vacant 6 months or more before quadrennial elections are required to be held, the local government must fill the vacant office. (3) The local government must fill the vacant office within 12 weeks after the office becomes vacant. (4) If the local government does not do so, the Governor in Council may appoint a qualified person to fill the vacant office. (5) If a councillor’s office becomes vacant within 6 months of when quadrennial elections are required to be held, the local government may decide not to fill the vacant office. 164 Filling a vacancy in the office of mayor (1) This section applies if the local government is to fill a vacant office of a mayor. (2) The vacant office must be filled by a by-election. 165 Acting mayor (1) The deputy mayor acts for the mayor during— (a) the absence or temporary incapacity of the mayor; or (b) a vacancy in the office of mayor. (2) If— (a) the office of mayor is vacant and the deputy mayor is prevented, by absence or temporary incapacity, from acting as the mayor; or Current as at [Not applicable] Page 149
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 166] (b) the mayor and deputy mayor are both prevented, by absence or temporary incapacity, from performing the role of mayor; or (c) the offices of both the mayor and deputy mayor are vacant; the local government may, by resolution, appoint an acting mayor from its councillors. (3) A local government may, by resolution, declare that the office of deputy mayor is vacant. (4) The resolution may be passed only if written notice of the resolution has been given to the councillors at least 14 days before the meeting. (5) If a local government declares that the office of deputy mayor is vacant, it must immediately appoint another deputy mayor from its councillors. 166 Filling a vacancy in the office of another councillor (1) This section applies if the local government is to fill a vacant office of a councillor (the former councillor ) who is not the mayor. (2) If the office becomes vacant during the beginning of the local government’s term, the local government must, by resolution, fill the vacant office by either— (a) a by-election; or (b) appointing the runner-up in the last election. (3) The runner-up in the last election is the person who would have been elected if the former councillor had not won the last quadrennial election. (4) If the office becomes vacant during the middle of the local government’s term, the vacant office must be filled by a by-election. Page 150 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 166] (5) If the office becomes vacant during the final part of the local government’s term, the vacant office must be filled by the local government appointing, by resolution, a person who is— (a) qualified to be a councillor; and (b) if the former councillor was elected or appointed to office as a political party’s nominee—the political party’s nominee. (6) If the person who is to be appointed must be the political party’s nominee, the chief executive officer must request the political party to advise the full name and address of its nominee. (7) The request must be made by a written notice given to the political party’s registered officer, within 14 days after the office becomes vacant. (8) If the person who is to be appointed need not be a political party’s nominee, the chief executive officer must, within 14 days after the office becomes vacant, invite nominations from— (a) any person who is qualified to be a councillor, by written notice published— (i) in a newspaper that is circulating generally in the local government area; and (ii) on the local government’s website; and (b) each person who was a candidate for the office of the former councillor at the last quadrennial election, by written notice. (9) If the chief executive officer receives any nominations from qualified persons or candidates, the local government must fill the vacant office by appointing one of those persons or candidates. Current as at [Not applicable] Page 151
Local Government Act 2009 Chapter 6 Administration [s 167] Division 4 Councillors with other jobs Not authorised —indicative only 167 Councillors and local government jobs (1) If a person becomes a councillor while the person is a local government employee, the person is taken to have resigned as a local government employee on the day before the person becomes a councillor. (2) A local government employee includes an employee of a type of entity prescribed under a regulation. (3) However, a local government employee does not include a person who— (a) is employed under a federally funded community development project for Aborigines or Torres Strait Islanders; or (b) is a member of a class of employees that is prescribed under a regulation. Division 5 Obligations of councillors 169 Obligations of councillors before acting in office (1) A councillor must not act in office until the councillor makes the declaration of office. (2) The declaration of office is a declaration prescribed under a regulation. (3) The chief executive officer is authorised to take the declaration of office. (4) The chief executive officer must keep a record of the taking of the declaration of office. (5) A person ceases to be a councillor if the person does not comply with subsection (1) within— (a) 1 month after being appointed or elected; or (b) a longer period allowed by the Minister. Page 152 Current as at [Not applicable]
Local Government Act 2009 Chapter 6 Administration [s 170] 170 Giving directions to local government staff (1) The mayor may give a direction to the chief executive officer or senior executive employees. (2) No councillor, including the mayor, may give a direction to any other local government employee. Not authorised —indicative only 170A Requests for assistance or information (1) A councillor may ask a local government employee provide advice to assist the councillor carry out his or her responsibilities under this Act. (2) A councillor may, subject to any limits prescribed under a regulation, ask the chief executive officer to provide information, that the local government has access to, relating to the local government. Example of a limit prescribed under a regulation— A regulation may prescribe the maximum cost to a local government of providing information to a councillor. (3) Subsection (2) does not apply to information— (a) that is a record of the regional conduct review panel or the tribunal; or (b) if disclosure of the information to the councillor would be contrary to an order of a court or tribunal; or (c) that would be privileged from production in a legal proceeding on the ground of legal professional privilege. (4) A request of a councillor under subsection (1) or (2) is of no effect if the request does not comply with the acceptable requests guidelines. (5) Subsection (4) does not apply to— (a) the mayor; or (b) the chairperson of a committee of the council if the request relates to the role of the chairperson. (6) The acceptable requests guidelines are guidelines, adopted by resolution of the local government, about— Current as at [Not applicable] Page 153
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 171] (a) the way in which a councillor may ask a local government employee for advice to help the councillor carry out his or her responsibilities under this Act; and (b) reasonable limits on requests that a councillor may make. (7) In this section a local government employee includes a person prescribed under a regulation. (8) The chief executive officer must make all reasonable endeavours to comply with a request under subsection (2). Maximum penalty for subsection (8)—10 penalty units. 171 Use of information by councillors (1) A person who is, or has been, a councillor must not use information that was acquired as a councillor to— (a) gain, directly or indirectly, a financial advantage for the person or someone else; or (b) cause detriment to the local government. Maximum penalty—100 penalty units or 2 years imprisonment. (2) Subsection (1) does not apply to information that is lawfully available to the public. (3) A councillor must not release information that the councillor knows, or should reasonably know, is information that is confidential to the local government. Note— A contravention of subsection (3) is misconduct that is dealt with by the tribunal. 171A Prohibited conduct by councillor in possession of inside information (1) This section applies to a person (the insider ) who is, or has been, a councillor if the insider— Page 154 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 171A] (a) acquired inside information as a councillor; and (b) knows, or ought reasonably to know, that the inside information is not generally available to the public. (2) The insider must not cause the purchase or sale of an asset if knowledge of the inside information would be likely to influence a reasonable person in deciding whether or not to buy or sell the asset. Maximum penalty—1,000 penalty units or 2 years imprisonment. (3) The insider must not cause the inside information to be provided to another person the insider knows, or ought reasonably to know, may use the information in deciding whether or not to buy or sell an asset. Maximum penalty—1,000 penalty units or 2 years imprisonment. (4) In this section— cause , in relation to an action, includes the following— (a) carry out the action; (b) instigate the action; (c) direct, or otherwise influence, another person to carry out or instigate the action. corporate entity means a corporation that is owned by the local government. inside information , in relation to a local government, means information about any of the following— (a) the operations or finances of the local government (including any business activity of the local government) or any of its corporate entities; (b) a proposed policy of the local government (including proposed changes to an existing policy); (c) a contract entered into, or proposed to be entered into, by the local government or any of its corporate entities; Current as at [Not applicable] Page 155
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 171B] (d) a tender process being conducted by or for the local government or any of its corporate entities; (e) a decision, or proposed decision, of the local government or any of its committees; (f) the exercise of a power, under a Local Government Act, by the local government, a councillor or a local government employee; (g) the exercise of a power, under an Act, by the State, a Minister, a statutory body or an employee of the State or statutory body, that affects the local government, any of its corporate entities or land or infrastructure within the local government’s area; (h) any legal or financial advice created for the local government, any of its committees or any of its corporate entities. 171B Obligation of councillor to correct register of interests (1) This section applies if— (a) a councillor has an interest that must be recorded in a register of interests under a regulation in relation to the councillor or a person who is related to the councillor; or (b) there is a change to an interest recorded in a register of interests under a regulation in relation to a councillor or a person who is related to a councillor. Note— See the Local Government Regulation 2012 , chapter 8, part 5 (Register of interests). (2) The councillor must, in the approved form, inform the chief executive officer of the particulars of the interest or the change to the interest within 30 days after the interest arises or the change happens. Maximum penalty— Page 156 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 175] (a) if the councillor fails to comply with subsection (2) intentionally—100 penalty units; or (b) otherwise—85 penalty units. Note— Under section 153(5), an offence against subsection (2) is an integrity offence if a person is convicted of an offence to which a penalty under maximum penalty, paragraph (a) applies. (3) For subsection (1), a person is related to a councillor if— (a) the person is the councillor’s spouse; or (b) the person is totally or substantially dependent on the councillor and— (i) the person is the councillor’s child; or (ii) the person’s affairs are so closely connected with the affairs of the councillor that a benefit derived by the person, or a substantial part of it, could pass to the councillor. 175 Post-election meetings (1) A local government must hold a meeting within 14 days after— (a) the conclusion of each quadrennial election; and (b) the conclusion of a fresh election of its councillors. (2) The local government must, by resolution, appoint a deputy mayor from its councillors (other than the mayor)— (a) at that meeting; and (b) at the first meeting after the office of the councillor who is the deputy mayor becomes vacant. Current as at [Not applicable] Page 157
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 175A] Division 5A Dealing with councillors’ personal interests in local government matters 175A Purpose of division The purpose of this division is to ensure the personal interests of councillors are dealt with in an accountable and transparent way that meets community expectations, if the interests relate to matters to be considered— (a) at a meeting of the local government or any of its committees; or (b) by a local government employee or contractor of the local government authorised to deal with the matter. 175B Meaning of material personal interest (1) A councillor has a material personal interest in a matter if any of the following stand to gain a benefit, or suffer a loss, (either directly or indirectly) depending on the outcome of consideration of the matter— (a) the councillor; (b) a spouse of the councillor; (c) a parent, child or sibling of the councillor; (d) a person who is in a partnership with the councillor; (e) an employer, other than a government entity, of the councillor; (f) an entity, other than a government entity, of which the councillor is a member; (g) another entity prescribed by regulation. (2) However, a councillor does not have a material personal interest in the matter if the councillor, or another person or entity mentioned in subsection (1), stands to gain a benefit or Page 158 Current as at [Not applicable]
Local Government Act 2009 Chapter 6 Administration [s 175C] suffer a loss that is no greater than that of other persons in the local government area. (3) Subsection (1)(c) only applies to a councillor if the councillor knows, or ought reasonably to know, that the councillor’s parent, child or sibling stands to gain a benefit or suffer a loss. Not authorised —indicative only 175C Councillor’s material personal interest at a meeting (1) This section applies if— (a) a matter is to be discussed at a meeting of the local government or any of its committees; and (b) the matter is not an ordinary business matter; and (c) a councillor has a material personal interest in the matter. (2) The councillor must— (a) inform the meeting of the councillor’s material personal interest in the matter, including the following particulars about the interest— (i) the name of the person or other entity who stands to gain a benefit, or suffer a loss, depending on the outcome of the consideration of the matter at the meeting; (ii) how the person or other entity stands to gain the benefit or suffer the loss; (iii) if the person or other entity who stands to gain the benefit or suffer the loss is not the councillor—the nature of the councillor’s relationship to the person or entity; and (b) leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the matter is discussed and voted on. Maximum penalty— Current as at [Not applicable] Page 159
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 175D] (a) if the councillor votes on the matter with an intention to gain a benefit, or avoid a loss, for the councillor or another person or entity—200 penalty units or 2 years imprisonment; or (b) otherwise—85 penalty units. (3) If a majority of the councillors at a meeting of the local government inform the meeting about a material personal interest in a matter under subsection (2)(a), the local government must delegate deciding the matter under section 257, unless deciding the matter can not be delegated under that section. (4) A councillor does not contravene subsection (2) by participating in the meeting, or being present while the matter is discussed and voted on, if the councillor’s participation or presence— (a) is for the purpose of delegating deciding the matter under subsection (3); or (b) is approved under section 175F and the councillor complies with the conditions of the approval. 175D Meaning of conflict of interest (1) A conflict of interest is a conflict that— (a) is between— (i) a councillor’s personal interests; and (ii) the public interest; and (b) might lead to a decision that is contrary to the public interest. (2) However, a councillor does not have a conflict of interest in a matter— (a) merely because of— (i) an engagement with a community group, sporting club or similar organisation undertaken by the Page 160 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 175E] councillor in the councillor’s capacity as a councillor; or (ii) membership of a political party; or (iii) membership of a community group, sporting club or similar organisation if the councillor is not an office holder for the group, club or organisation; or (iv) the councillor’s religious beliefs; or (v) the councillor having been a student of a particular school or the councillor’s involvement with a school as a parent of a student at the school; or (b) if the councillor has no greater personal interest in the matter than that of other persons in the local government area. (3) Also, a councillor who is nominated by the local government to be a member of a board of a corporation or other association does not have a personal interest in matters relating to the corporation or association merely because of the nomination or appointment as a member. 175E Councillor’s conflict of interest at a meeting (1) This section applies if— (a) a matter is to be discussed at a meeting of the local government or any of its committees; and (b) the matter is not an ordinary business matter; and (c) a councillor at the meeting— (i) has a conflict of interest in the matter (a real conflict of interest ); or (ii) could reasonably be taken to have a conflict of interest in the matter (a perceived conflict of interest ). Current as at [Not applicable] Page 161
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 175E] (2) The councillor must inform the meeting about the councillor’s personal interests in the matter, including the following particulars about the interests— (a) the nature of the interests; (b) if the councillor’s personal interests arise because of the councillor’s relationship with, or receipt of a gift from, another person— (i) the name of the other person; and (ii) the nature of the relationship or value and date of receipt of the gift; and (iii) the nature of the other person’s interests in the matter. Maximum penalty—100 penalty units or 1 year’s imprisonment. (3) Subsection (4) applies if— (a) the other councillors who are entitled to vote at the meeting are informed about a councillor’s personal interests in a matter by the councillor or another person; and (b) the councillor has not voluntarily left, and stayed away from, the place where the meeting is being held while the matter is discussed and voted on. (4) Subject to subsection (6), the other councillors must decide— (a) whether the councillor has a real conflict of interest or perceived conflict of interest in the matter; and (b) if they decide the councillor has a real conflict of interest or perceived conflict of interest in the matter— whether the councillor— (i) must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the matter is discussed and voted on; or Page 162 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 175F] (ii) may participate in the meeting in relation to the matter, including by voting on the matter. (5) The councillor must comply with a decision under subsection (4) that the councillor must leave and stay away from the place. Maximum penalty—100 penalty units or 1 year’s imprisonment. (6) If a majority of the councillors at a meeting of the local government inform the meeting about personal interests in the matter under subsection (2), the local government must delegate deciding the matter under section 257, unless deciding the matter can not be delegated under that section. (7) A councillor does not contravene subsection (5) by participating in the meeting, or being present while the matter is discussed and voted on, if the councillor’s participation or presence— (a) is for the purpose of delegating deciding the matter under subsection (6); or (b) is approved under section 175F and the councillor complies with the conditions of the approval. (8) In this section— gift means a gift that is required, under a regulation, to be recorded in a register of interests. 175F Minister’s approval for councillor to participate or be present to decide matter (1) The Minister may, by signed notice given to a councillor, approve the councillor participating in a meeting, or being present while a matter is discussed and voted on, if— (a) the matter could not otherwise be decided at the meeting because of— (i) the number of councillors subject to the obligation under section 175C(2)(b); or (ii) section 175E(6); and Current as at [Not applicable] Page 163
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 175G] (b) deciding the matter can not be delegated under section 257. (2) The Minister may give the approval subject to conditions stated in the notice. 175G Duty to report another councillor’s material personal interest or conflict of interest at a meeting (1) This section applies if— (a) a matter is to be discussed at a meeting of the local government or any of its committees; and (b) the matter is not an ordinary business matter; and (c) a councillor at the meeting reasonably believes, or reasonably suspects, that another councillor at the meeting has a material personal interest, real conflict of interest or perceived conflict of interest in the matter; and (d) the other councillor has not informed the meeting about the interest under section 175C(2) or 175E(2). (2) The councillor who has the belief or suspicion must, as soon as practicable, inform the person who is presiding at the meeting about— (a) the belief or suspicion; and (b) the facts and circumstances that form the basis of the belief or suspicion. Note— Contravention of subsection (2) is misconduct that could result in disciplinary action being taken against a councillor. See sections 176(3)(d) and 180. 175H Offence to take retaliatory action A person must not, because a councillor complied with section 175G(2)— Page 164 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 175I] (a) prejudice, or threaten to prejudice, the safety or career of the councillor or another person; or (b) intimidate or harass, or threaten to intimidate or harass, the councillor or another person; or (c) take any action that is, or is likely to be, detrimental to the councillor or another person. Maximum penalty—167 penalty units or 2 years imprisonment. 175I Offence for councillor with material personal interest or conflict of interest to influence others (1) This section applies to a councillor who has a material personal interest, real conflict of interest or perceived conflict of interest in a matter, other than an ordinary business matter. (2) The councillor must not influence, or attempt to influence, another councillor to vote on the matter in a particular way at a meeting of the local government or any of its committees. Maximum penalty—200 penalty units or 2 years imprisonment. (3) The councillor must not influence, or attempt to influence, a local government employee or a contractor of the local government who is authorised to decide or otherwise deal with the matter to do so in a particular way. Maximum penalty—200 penalty units or 2 years imprisonment. (4) A councillor does not commit an offence against subsection (2) or (3) merely by participating in a meeting of the local government or any of its committees about the matter, including by voting on the matter, if the participation is authorised under— (a) a decision mentioned in section 175E(4)(b)(ii); or (b) an approval under section 175F. Current as at [Not applicable] Page 165
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 175J] 175J Records about material personal interests and conflicts of interests at meetings (1) If section 175C applies to a matter to be discussed at a meeting of the local government or any of its committees, the following information must be recorded in the minutes of the meeting and on the local government’s website— (a) the name of the councillor who has a material personal interest in the matter; (b) the material personal interest, including the particulars mentioned in section 175C(2)(a) as described by the councillor; (c) whether the councillor participated in the meeting, or was present during the meeting, under an approval under section 175F. (2) If section 175E applies to a matter to be discussed at a meeting of the local government or any of its committees, the following must be recorded in the minutes of the meeting and on the local government’s website— (a) the name of the councillor who has a real conflict of interest or perceived conflict of interest in the matter; (b) the councillor’s personal interests in the matter, including the particulars mentioned in section 175E(2) as described by the councillor; (c) the decisions made under section 175E(4) and the reasons for the decisions; (d) whether the councillor participated in the meeting, or was present during the meeting, under an approval under section 175F; (e) if the councillor voted on the matter—how the councillor voted on the matter; (f) how the majority of councillors who were entitled to vote at the meeting voted on the matter. Page 166 Current as at [Not applicable]
Division 6 Local Government Act 2009 Chapter 6 Administration [s 176] Conduct and performance of councillors Not authorised —indicative only 176 What this division is about (1) This division is about dealing with complaints about the conduct and performance of councillors, to ensure that— (a) appropriate standards of conduct and performance are maintained; and (b) a councillor who engages in misconduct or inappropriate conduct is disciplined. (2) In summary— (a) misconduct is dealt with by the regional conduct review panel or tribunal; and (b) inappropriate conduct is dealt with by the mayor or the department’s chief executive. (3) Misconduct is conduct, or a conspiracy or attempt to engage in conduct, of or by a councillor— (a) that adversely affects, or could adversely affect, (either directly or indirectly) the honest and impartial performance of the councillor’s responsibilities or exercise of the councillor’s powers; or (b) that is or involves— (i) the performance of the councillor’s responsibilities, or the exercise of the councillor’s powers, in a way that is not honest or is not impartial; or (ii) a breach of the trust placed in the councillor; or (iii) a misuse of information or material acquired in or in connection with the performance of the councillor’s responsibilities, whether the misuse is for the benefit of the councillor or someone else; or (iv) a failure by the councillor to comply with a direction to leave a meeting of the local Current as at [Not applicable] Page 167
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 176] government or its committees by the chairperson presiding at the meeting; or (v) a refusal by the councillor to comply with a direction or order of the regional conduct review panel or tribunal about the councillor; or (c) that is a repeat of inappropriate conduct that the mayor or the department’s chief executive has ordered to be referred to the regional conduct review panel under section 181(2); or (d) that contravenes section 171(3) or 175G(2). (4) Inappropriate conduct is conduct that is not appropriate conduct for a representative of a local government, but is not misconduct, including for example— (a) a councillor failing to comply with the local government’s procedures; or (b) a councillor behaving in an offensive or disorderly way in a meeting of the local government or any of its committees. (5) It is irrelevant whether the conduct that constitutes misconduct was engaged in— (a) within Queensland or elsewhere; or (b) when the councillor was not exercising the responsibilities of a councillor. (6) A regional conduct review panel is a body, created under this Act, that is responsible for hearing and deciding a complaint of misconduct by a councillor. Note— See chapter 6, part 4 for more information about the creation of a regional conduct review panel. (7) The tribunal is a body, created under this Act, that is responsible (amongst other things) for hearing and deciding the most serious complaints of misconduct by a councillor. Page 168 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 176A] Note— See chapter 6, part 3 for more information about the creation of the tribunal, and section 183 for the tribunal’s other responsibilities. (8) To remove any doubt, a councillor may be dealt with for an act or omission that constitutes misconduct under this Act, and also dealt with for the same act or omission— (a) as the commission of an offence; or (b) under the Crime and Corruption Act. (9) A decision under this part by any of the following persons is not subject to appeal— (a) a regional conduct review panel; (b) the tribunal; (c) the chief executive officer; (d) a mayor; (e) a deputy mayor; (f) the chairperson of a meeting; (g) the department’s chief executive. Note— See section 244 for more information. 176A Application to former councillors (1) This division applies to a complaint about the conduct of a person who is no longer a councillor if— (a) the person was a councillor when the relevant conduct is alleged to have happened; and (b) the complaint is made within 2 years after the person stopped being a councillor. (2) However, an entity dealing with the complaint under this division may decide to take no further action in relation to the complaint, despite any contrary requirement of this division, if the entity considers the decision is in the public interest. Current as at [Not applicable] Page 169
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 176B] (3) An entity that makes a decision under subsection (2) must give the entity that made the complaint, and the accused person, a written notice that states— (a) no further action will be taken in relation to the complaint; and (b) the reasons for the decision. (4) For applying this division to a complaint about a person who is no longer a councillor, a reference to a councillor is taken to be a reference to the person. 176B Preliminary assessments of complaints (1) This section applies if any of the following make or receive a complaint about the conduct or performance of a councillor of a local government— (a) the local government; (b) the department’s chief executive; (c) the mayor; (d) the chief executive officer of the local government. (2) If the mayor or the chief executive officer makes the complaint— (a) the person who receives the complaint must refer the complaint to the department’s chief executive; and (b) the department’s chief executive must conduct a preliminary assessment of the complaint. (3) If any other entity makes the complaint— (a) the person who receives the complaint must refer the complaint to the chief executive officer; and (b) the chief executive officer must conduct a preliminary assessment of the complaint. (4) A preliminary assessment is an assessment of a complaint about the conduct or performance of a councillor to decide whether the complaint— Page 170 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 176C] (a) is about a frivolous matter or was made vexatiously; or (b) is about inappropriate conduct, misconduct, corrupt conduct under the Crime and Corruption Act or another matter (including a general complaint against the local government, for example); or (c) is lacking in substance. (5) This section does not apply to a complaint about corrupt conduct referred to the department’s chief executive by the CCC. 176C Action after preliminary assessments (1) This section applies if the chief executive officer or the department’s chief executive (each a complaints assessor ) conducts a preliminary assessment of a complaint about the conduct or performance of a councillor. (2) The complaints assessor may decide no further action need be taken in relation to the complaint if the preliminary assessment is— (a) that the complaint is about a frivolous matter or was made vexatiously; or (b) that the complaint is lacking in substance. (3) If the preliminary assessment is that the complaint is about inappropriate conduct, the complaints assessor must— (a) if the complaints assessor is the chief executive officer— (i) for a complaint about conduct of the mayor or deputy mayor—refer the complaint to the department’s chief executive; or (ii) for a complaint about conduct of a councillor (other than the mayor or deputy mayor)—refer the complaint to the mayor for the mayor to take disciplinary action under section 181; or Current as at [Not applicable] Page 171
Local Government Act 2009 Chapter 6 Administration [s 176C] Not authorised —indicative only (b) if the complaints assessor is the department’s chief executive— (i) for a complaint about the conduct or performance of a councillor (other than the mayor or deputy mayor) made by any person other than the mayor—refer the complaint to the mayor; or (ii) otherwise—take disciplinary action under section 181. (4) If the preliminary assessment is that the complaint is about misconduct, the complaints assessor must refer the complaint to— (a) if the complaints assessor is the chief executive officer—the department’s chief executive; or (b) if the complaints assessor is the department’s chief executive—the regional conduct review panel or the tribunal. (5) If the preliminary assessment is that the complaint is about corrupt conduct under the Crime and Corruption Act, the complaints assessor must deal with the complaint in compliance with that Act. (6) If the preliminary assessment is that the complaint is about another matter, the complaints assessor must deal with the complaint in an appropriate way. (7) After acting under subsection (2) to (6), the complaints assessor must give the entity that made the complaint, and the accused councillor, a written notice that states— (a) the type of complaint that the assessor has assessed the complaint as; and (b) the action (if any) that is proposed to be taken in relation to the complaint; and (c) if the complaint was about a frivolous matter, was made vexatiously or was lacking in substance—that it is an offence under subsection (8) for a person to make a complaint that is substantially the same as a complaint that the person has previously made. Page 172 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 177] (8) A person must not make a complaint about the conduct or performance of a councillor if— (a) the complaint is substantially the same as a complaint that the person has previously made; and (b) the complaints assessor has given the person a notice that complies with subsection (7). Maximum penalty for subsection (8)—10 penalty units. 177 Complaints referred to the department’s chief executive (1) This section applies if the chief executive officer refers a complaint to the department’s chief executive under section 176C. (2) Despite the preliminary assessment of the chief executive officer, the department’s chief executive may decide that— (a) the complaint be dismissed if the department’s chief executive considers the complaint or part is— (i) frivolous, vexatious or misconceived; or (ii) lacking in substance; or (iii) otherwise an abuse of process; or (b) the complaint is about inappropriate conduct rather than misconduct or about misconduct rather than inappropriate conduct; or (c) no further action be taken in relation to the complaint; or (d) some other action be taken in relation to the complaint. (3) If the department’s chief executive agrees or decides the complaint is about misconduct, the department’s chief executive may refer the complaint to the regional conduct review panel or tribunal. (4) If the department’s chief executive agrees or decides the complaint is about inappropriate conduct, the department’s chief executive must take disciplinary action under section 181. Current as at [Not applicable] Page 173
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 177A] (5) If the department’s chief executive acts under subsection (2) or (3), the department’s chief executive must give written notice of the decision to the chief executive officer, the accused councillor and the entity that made the complaint. 177A Preliminary dealings with complaints before hearing (1) This section applies if the department’s chief executive refers a complaint of misconduct to a regional conduct review panel or the tribunal. (2) The regional conduct review panel or the tribunal may, without conducting a hearing of the complaint, order the complaint, or a part of the complaint, be dismissed or struck out if the panel or tribunal considers the complaint or part is— (a) frivolous, vexatious or misconceived; or (b) lacking in substance; or (c) otherwise an abuse of process. (3) If the regional conduct review panel or the tribunal acts under subsection (2), the panel or tribunal must give written notice of the order to all the following— (a) the chief executive officer (if any) who originally assessed the complaint; (b) the department’s chief executive; (c) the accused councillor; (d) the entity that made the complaint. (4) Subsection (5) applies if the complainant is also a councillor. (5) Before conducting a hearing of the complaint— (a) the regional conduct review panel or the tribunal must require the complainant to appear before the panel or tribunal to confirm the complaint; and (b) the complainant must comply with the requirement made under paragraph (a). Page 174 Current as at [Not applicable]
Local Government Act 2009 Chapter 6 Administration [s 178] (6) Despite section 176(3) and (4), a failure of a councillor to comply with a requirement under subsection (5)(a) is not misconduct or inappropriate conduct. Not authorised —indicative only 178 Notifying councillor of the hearing of a complaint of misconduct (1) At least 7 days before the hearing of a complaint of misconduct by a regional conduct review panel or the tribunal, the department’s chief executive must give the accused councillor a written notice about the hearing. (2) The notice must state— (a) the misconduct that is alleged to have been engaged in by the councillor; and (b) the time and date when the hearing is to begin; and (c) the place where the complaint is to be heard. (3) If all reasonable attempts to give the notice to the councillor have failed, the department’s chief executive may— (a) publish the notice, at least 7 days before the hearing is to begin— (i) in a newspaper that is circulating in the local government area; and (ii) on the department’s website; or (b) direct the local government to publish the notice on the local government’s website at least 7 days before the hearing is to begin. 179 Hearing and deciding complaints (1) This section is about the hearing of a complaint of misconduct by a regional conduct review panel or the tribunal. (2) A regional conduct review panel or the tribunal may hear complaints of misconduct by a number of councillors in the same hearing, unless the defence of any of the councillors may be prejudiced. Current as at [Not applicable] Page 175
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 180] (3) The hearing must be conducted in the way set out in chapter 7, part 1. (4) The regional conduct review panel or tribunal may decide all or part of the hearing from the documents brought before the regional conduct review panel or tribunal, without the parties or the witnesses appearing, if— (a) the regional conduct review panel or tribunal considers it appropriate in all the circumstances; or (b) the parties agree. (5) The standard of proof in the hearing is the balance of probabilities. (6) The regional conduct review panel or tribunal must keep a written record of the hearing, in which it records— (a) the statements of the councillor and all witnesses; and (b) any reports relating to the councillor that are tendered at the hearing. 180 Taking disciplinary action (1) This section applies if, after hearing a complaint of misconduct, the regional conduct review panel or tribunal decides that the councillor engaged in misconduct. (2) The regional conduct review panel may make any 1 or more of the following orders or recommendations that it considers appropriate in view of the circumstances relating to the misconduct— (a) an order that the councillor be counselled about the misconduct, and how not to repeat the misconduct; (b) an order that the councillor make an admission of error or an apology; (c) an order that the councillor participate in mediation with another person; Page 176 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 180] (d) a recommendation to the department’s chief executive to monitor the councillor or the local government for compliance with the Local Government Acts; (e) an order that the councillor reimburse the local government; (f) a recommendation to the CCC or the police commissioner that the councillor’s conduct be further investigated; (g) an order that the councillor pay to the local government an amount of not more than the monetary value of 50 penalty units. (3) However, if the regional conduct review panel considers that more serious disciplinary action should be taken, the regional conduct review panel must report the matter to the tribunal for the tribunal to take disciplinary action. (4) The tribunal may make any order or recommendation that it considers appropriate in view of the circumstances relating to the misconduct. (5) For example, the tribunal may make any 1 or more of the following orders or recommendations— (a) an order that the councillor be counselled about the misconduct, and how not to repeat the misconduct; (b) an order that the councillor make an admission of error or an apology; (c) an order that the councillor participate in mediation with another person; (d) a recommendation to the department’s chief executive to monitor the councillor or the local government for compliance with the Local Government Acts; (e) an order that the councillor forfeit an allowance, benefit, payment or privilege; (f) an order that the councillor reimburse the local government; Current as at [Not applicable] Page 177
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 181] (g) a recommendation to the Minister that the councillor be suspended for a specified period, either wholly or from performing particular functions; Examples of particular functions— • attending council meetings or offices • representing the council at public functions (h) a recommendation to the Minister that the councillor be dismissed; (i) a recommendation to the CCC or the police commissioner that the councillor’s conduct be further investigated; (j) an order that the councillor pay to the local government an amount of not more than the monetary value of 50 penalty units. (6) A recommendation mentioned in subsection (5)(g) may include a recommendation about the details of the suspension. (7) When deciding what disciplinary action is appropriate in view of the circumstances relating to the misconduct, the regional conduct review panel or tribunal may consider— (a) any misconduct of the councillor in the past; and (b) any allegation made in the hearing that was admitted, or was not challenged. (8) However, the regional conduct review panel or tribunal may consider an allegation that was not admitted, or was challenged, only if the regional conduct review panel or tribunal is satisfied that the allegation is true. (9) The degree to which the regional conduct review panel or tribunal must be satisfied depends on the consequences, that are adverse to the councillor, of finding the allegation to be true. 181 Inappropriate conduct (1) Subsections (2) and (3) apply if, under section 176C(3) or 177(4), a complaint is referred to the mayor or the Page 178 Current as at [Not applicable]
Local Government Act 2009 Chapter 6 Administration [s 181] Not authorised —indicative only department's chief executive to take disciplinary action against a councillor for inappropriate conduct. (2) The mayor or department’s chief executive may make either or both of the following orders that the mayor or department’s chief executive considers appropriate in the circumstances— (a) an order reprimanding the councillor for the inappropriate conduct; (b) an order that any repeat of the inappropriate conduct be referred to the regional conduct review panel as misconduct. (3) If the mayor or the department’s chief executive makes 3 orders under subsection (2) about the same councillor within the 1 year, the mayor or the department’s chief executive must refer the repeated inappropriate conduct by the councillor to a regional conduct review panel or the tribunal. (4) If the mayor or the department’s chief executive refers repeated inappropriate conduct by the councillor to a regional conduct review panel or the tribunal under subsection (3)— (a) the matter is taken to be a complaint about misconduct; and (b) the panel or tribunal must conduct a hearing of the complaint; and (c) sections 178 to 180 apply for the hearing of the complaint; and (d) the repeated inappropriate conduct by the councillor is taken to be misconduct. (5) If inappropriate conduct happens in a meeting of the local government or its committees, the chairperson of the meeting may make any 1 or more of the following orders that the chairperson considers appropriate in the circumstances— (a) an order that the councillor’s inappropriate conduct be noted in the minutes of the meeting; (b) an order that the councillor leave the place where the meeting is being held (including any area set aside for Current as at [Not applicable] Page 179
Local Government Act 2009 Chapter 6 Administration [s 181A] the public), and stay out of the place for the rest of the meeting; (c) if the councillor fails to comply with an order made under paragraph (b) to leave a place—an order that the councillor be removed from the place. Not authorised —indicative only 181A Records about complaints (1) The chief executive officer must keep a record of— (a) all complaints received by the chief executive officer under this part; and (b) the outcome of each complaint, including any disciplinary action or other action that was taken in relation to the complaint. (2) The chief executive officer must ensure that the public may inspect the part of the record that relates to outcomes of complaints— (a) at the local government’s public office; or (b) on the local government’s website. (3) However, subsection (2) does not apply to the record of a complaint that— (a) the chief executive officer or the department’s chief executive has assessed as being about a frivolous matter, having been made vexatiously or lacking in substance; or (b) is a public interest disclosure within the meaning of the Public Interest Disclosure Act 2010 . 182 Department’s chief executive is public official for Crime and Corruption Act (1) A local government is a unit of public administration for the Crime and Misconduct Act. (2) For any complaint of, or information or matter involving, corrupt conduct under the Crime and Corruption Act by a Page 180 Current as at [Not applicable]
Local Government Act 2009 Chapter 6 Administration [s 183] councillor, a reference to a public official in the Crime and Corruption Act, section 46(2), is taken to be a reference to the department’s chief executive. Not authorised —indicative only Part 3 The tribunal 183 Establishing the tribunal (1) The Local Government Remuneration and Discipline Tribunal (the tribunal ) is established. (2) As well as the responsibilities mentioned in section 176, the tribunal is responsible for— (a) establishing the categories of local governments; and (b) deciding which category each local government belongs to; and (c) deciding the maximum amount of remuneration that is payable to the councillors in each of the categories; and (d) any other functions that the Minister directs the tribunal to perform. 184 Members of tribunal (1) The tribunal is made up of 3 qualified persons who are appointed by the Governor in Council. (2) A person is qualified to be a member only if the person— (a) has extensive knowledge of, and experience in, 1 or more of the following— (i) local government; (ii) community affairs; (iii) industrial relations; (iv) investigations; (v) law; Current as at [Not applicable] Page 181
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 184] (vi) public administration; (vii) public sector ethics; (viii) public finance; or (b) has other knowledge and experience that the Governor in Council considers appropriate. (3) However, a person is not qualified to be a member of the tribunal if the person— (a) is a councillor of a local government; or (b) is a nominee for election as a councillor; or (c) accepts an appointment as a councillor; or (d) is an employee of a local government; or (e) is a contractor of a local government; or (f) is a consultant engaged by a local government; or (g) is a member of an Australian Parliament; or (h) is a nominee for election as a member of an Australian Parliament; or (i) is a member of a political party; or (j) has a conviction for an indictable offence that is not an expired conviction; or (k) is an insolvent under administration (within the meaning of the Corporations Act, section 9); or (l) is a type of person prescribed under a regulation. (4) The Governor in Council must appoint 1 of the members to be the chairperson of the tribunal. (5) A member may be appointed for a term of not longer than 4 years. (6) However, a member may be reappointed. (7) A person stops being a member if the person— (a) completes a term of office but is not reappointed; or Page 182 Current as at [Not applicable]
Local Government Act 2009 Chapter 6 Administration [s 185] (b) resigns by signed notice of resignation given to the Minister; or (c) is removed as a member by the Governor in Council for misbehaviour or physical or mental incapacity; or (d) is not qualified to be a member under subsection (3). Not authorised —indicative only 185 Remuneration and appointment conditions of members (1) A member of the tribunal is entitled to be paid the remuneration and allowances decided by the Governor in Council. (2) A member of the tribunal holds office on the other conditions that the Governor in Council decides. (3) If a commissioner, other than the president, under the Industrial Relations Act is appointed as a member, the person is not entitled to any remuneration or allowances in addition to the person’s salary or allowances as a commissioner. (4) However, the person is entitled to be paid any expenses reasonably incurred by the person in performing the responsibilities of a member. 186 Costs of tribunal to be met by local government The local government must pay the costs of the tribunal in relation to a complaint of misconduct of a councillor, including the remuneration, allowances and expenses paid to members of the tribunal. 187 Conflict of interests (1) This section applies if a member of the tribunal has any interest that may conflict with a fair and impartial hearing of a complaint made against an accused councillor. (2) The member must not take part, or take further part, in any consideration of the matter. Maximum penalty—35 penalty units. Current as at [Not applicable] Page 183
Local Government Act 2009 Chapter 6 Administration [s 188] (3) As soon as practicable after the member becomes aware that this section applies to the member, the member must inform the department’s chief executive. Maximum penalty—35 penalty units. Not authorised —indicative only 188 Assistance from departmental staff The department’s chief executive must make available to the tribunal the staff assistance that the tribunal needs to effectively perform its responsibilities. Part 4 Regional conduct review panels 189 Appointing members of regional conduct review panels (1) A regional conduct review panel is constituted by at least 3 members that the department’s chief executive chooses from a pool of members. (2) The department’s chief executive must appoint a pool of members for a regional conduct review panel for the different regions of the State decided by the department’s chief executive. (3) A person is qualified to be a member of the pool of members only if the person— (a) has extensive knowledge of, and experience in, 1 or more of the following— (i) local government; (ii) community affairs; (iii) investigations; (iv) law; (v) public administration; (vi) public sector ethics; Page 184 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 189] (vii) public finance; or (b) has the other qualifications and experience that the department’s chief executive considers appropriate. (4) However, a person is not qualified to be a member of the pool of members if the person— (a) is a councillor of a local government; or (b) is a nominee for election as a councillor; or (c) accepts an appointment as a councillor; or (d) is an employee of a local government; or (e) is a contractor of a local government; or (f) is a consultant engaged by a local government; or (g) is a member of an Australian Parliament; or (h) is a nominee for election as a member of an Australian Parliament; or (i) is a member of a political party; or (j) has a conviction for an indictable offence that is not an expired conviction; or (k) is an insolvent under administration (within the meaning of the Corporations Act, section 9); or (l) is a type of person prescribed under a regulation. (5) A member may be appointed for a term of not longer than 4 years. (6) However, a member may be reappointed. (7) A person stops being a member if the person— (a) completes a term of office but is not reappointed; or (b) resigns by signed notice of resignation given to the department’s chief executive; or (c) is removed as a member by the department’s chief executive for misbehaviour or physical or mental incapacity; or Current as at [Not applicable] Page 185
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 190] (d) is not qualified to be a member under subsection (4). 190 Remuneration and appointment conditions of members (1) A member of a regional conduct review panel is entitled to be paid the remuneration and allowances decided by the department’s chief executive. (2) A member of a regional conduct review panel holds office on the other conditions that the department’s chief executive decides. 191 Costs of regional conduct review panels to be met by local government The local government must pay the costs of a regional conduct review panel in relation to a complaint of misconduct of a councillor, including the remuneration, allowances and expenses paid to members of the regional conduct review panel. 192 Conflict of interests (1) This section applies if a member of a regional conduct review panel has any interest that may conflict with a fair and impartial hearing of a complaint made against an accused councillor. (2) The member must not take part, or take further part, in any consideration of the matter. Maximum penalty—35 penalty units. (3) As soon as practicable after the member becomes aware that this section applies to the member, the member must inform the department’s chief executive. Maximum penalty for subsection (3)—35 penalty units. Page 186 Current as at [Not applicable]
Local Government Act 2009 Chapter 6 Administration [s 193] 193 Assistance from departmental staff The department’s chief executive must make available to the regional conduct review panel the staff assistance that the regional conduct review panel needs to effectively perform its responsibilities. Not authorised —indicative only Part 5 Local government employees Division 1 Chief executive officer 194 Appointing a chief executive officer (1) A local government must appoint a qualified person to be its chief executive officer. (2) A person is qualified to be the chief executive officer if the person has the ability, experience, knowledge and skills that the local government considers appropriate, having regard to the responsibilities of a chief executive officer. (3) A person who is appointed as the chief executive officer must enter into a written contract of employment with the local government. (4) The contract of employment must provide for— (a) the chief executive officer to meet performance standards set by the local government; and (b) the chief executive officer’s conditions of employment (including remuneration). 195 Appointing an acting chief executive officer A local government may appoint a qualified person to act as the chief executive officer during— (a) any vacancy, or all vacancies, in the position; or (b) any period, or all periods, when the chief executive officer is absent from duty or can not, for another Current as at [Not applicable] Page 187
Local Government Act 2009 Chapter 6 Administration [s 196] reason, perform the chief executive officer’s responsibilities. Not authorised —indicative only Division 2 Other local government employees 196 Appointing other local government employees (1) A local government must, by resolution, adopt an organisational structure that is appropriate to the performance of the local government’s responsibilities. (2) The local government may employ local government employees for the performance of the local government’s responsibilities. (3) The chief executive officer appoints local government employees (other than senior executive employees). (4) A panel constituted by the following persons appoints a senior executive employee— (a) the mayor; (b) the chief executive officer; (c) either— (i) if the senior executive employee is to report to only 1 committee of the local government—the chairperson of the committee; or (ii) otherwise—the deputy mayor. (5) The deputy mayor may delegate the deputy mayor’s functions under subsection (4) to another councillor of the local government. (6) A senior executive employee , of a local government, is an employee of the local government— (a) who reports directly to the chief executive officer; and (b) whose position ordinarily would be considered to be a senior position in the local government’s corporate structure. Page 188 Current as at [Not applicable]
Not authorised —indicative only (7) In this section— function includes power. Local Government Act 2009 Chapter 6 Administration [s 197] 197 Disciplinary action against local government employees (1) The chief executive officer may take disciplinary action against a local government employee. (2) A regulation may prescribe— (a) when disciplinary action may be taken against a local government employee; and (b) the types of disciplinary action that may be taken against a local government employee. Division 3 Common provisions 198 Concurrent employment of local government employees (1) This section applies to all local government employees, including the chief executive officer. (2) A local government employee may be employed by more than 1 local government at the same time, if each of the local governments agree. 199 Improper conduct by local government employees (1) This section applies to all local government employees, including the chief executive officer. (2) A local government employee includes— (a) a contractor of the local government; and (b) a type of person prescribed under a regulation. (3) A local government employee must not ask for, or accept, a fee or other benefit for doing something as a local government employee. Current as at [Not applicable] Page 189
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 200] Maximum penalty—100 penalty units or 2 years imprisonment. (4) However, subsection (3) does not apply to— (a) remuneration paid by the local government; or (b) a benefit that has only a nominal value. (5) A local government employee must not unlawfully destroy or damage property of the local government. Maximum penalty—100 penalty units or 2 years imprisonment. 200 Use of information by local government employees (1) This section applies to all local government employees, including the chief executive officer. (2) A local government employee includes— (a) a contractor of the local government; and (b) a type of person prescribed under a regulation. (3) A person who is, or has been, a local government employee must not use information acquired as a local government employee to— (a) gain (directly or indirectly) an advantage for the person or someone else; or (b) cause detriment to the local government. Maximum penalty—100 penalty units or 2 years imprisonment. (4) Subsection (3) does not apply to information that is lawfully available to the public. (5) A person who is, or has been, a local government employee must not release information that the person knows, or should reasonably know, is information that— (a) is confidential to the local government; and (b) the local government wishes to keep confidential. Page 190 Current as at [Not applicable]
Local Government Act 2009 Chapter 6 Administration [s 201] Maximum penalty—100 penalty units or 2 years imprisonment. Not authorised —indicative only 201 Annual report must detail remuneration (1) The annual report of a local government must state— (a) the total of all remuneration packages that are payable (in the year to which the annual report relates) to the senior management of the local government; and (b) the number of employees in senior management who are being paid each band of remuneration. (2) The senior management , of a local government, consists of the chief executive officer and all senior executive employees of the local government. (3) Each band of remuneration is an increment of $100,000. (4) To remove any doubt, it is declared that nothing in this section requires the exact salary of any employee in senior management to be separately stated in the annual report. Part 6 Authorised persons 202 Appointing authorised persons (1) The chief executive officer may appoint a qualified person to be an authorised person. (2) A person is qualified to be an authorised person if the person— (a) has the competencies— (i) that the chief executive officer considers are necessary to perform the responsibilities that are required to be performed by the authorised person; or (ii) prescribed under a regulation; and (b) is either— Current as at [Not applicable] Page 191
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 203] (i) an employee of the local government; or (ii) another type of person prescribed under a regulation. (3) Also, a person is qualified to be an authorised person of a local government (the adopting local government ) if— (a) the person is an authorised person for another local government; and (b) the adopting local government has, by resolution, decided that authorised persons of the other local government may be appointed as authorised persons of the adopting local government. (4) The appointment of an authorised person must state the provisions of this Act for which the authorised person is appointed. (5) An authorised person’s appointment is subject to the conditions stated in— (a) the document that appoints the authorised person; or (b) a written notice given to the authorised person by the chief executive officer; or (c) a regulation. 203 End of appointment of authorised persons (1) A person stops being an authorised person— (a) at the end of the term of appointment stated in the document that appointed the authorised person; or (b) if the authorised person gives the local government a signed notice of resignation; or (c) if it is a condition of the authorised person’s appointment that the authorised person hold another position at the same time—if the authorised person stops holding the other position. (2) If it is a condition of the authorised person’s appointment that the authorised person hold another position at the same time, a Page 192 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 204] notice of resignation acts as a notice of resignation for both positions. (3) This section does not limit the ways in which an authorised person’s appointment ends. 204 Identity card for authorised persons (1) The chief executive officer must give each authorised person an identity card. (2) This section does not stop a single identity card being issued to a person for this Act and for another purpose. (3) A person who stops being an authorised person must return the person’s identity card to the chief executive officer, within 21 days after stopping being an authorised person, unless the person has a reasonable excuse. Maximum penalty for subsection (3)—10 penalty units. 204A Authorised persons must disclose change in criminal history (1) This section applies if there is a change in the criminal history of an authorised person (including acquiring a criminal history, for example). (2) The authorised person must, as soon as practicable after the change, disclose to the chief executive officer the details of the change, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. 204B Chief executive officer may obtain report from police commissioner (1) The chief executive officer may ask the police commissioner to give the chief executive officer the following information about an authorised person— (a) a written report about the person’s criminal history; Current as at [Not applicable] Page 193
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 204C] (b) a brief description of the circumstances of a conviction mentioned in the person’s criminal history. (2) The police commissioner must comply with the request. (3) However, the duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access. 204C Use of criminal history information (1) This section is about the use of criminal history information. (2) Criminal history information is information about the criminal history of an authorised person obtained under section 204A or 204B. (3) The department’s chief executive may make guidelines for dealing with criminal history information to ensure— (a) natural justice is afforded to the authorised persons about whom the criminal history information relates; and (b) only relevant criminal history information is considered in assessing the suitability of an authorised person to exercise a power under a Local Government Act; and (c) decisions based on criminal history information are made consistently. (4) The chief executive officer must comply with the guidelines. (5) A person who has, or will have, a duty to disclose under section 204A may request a copy of the guidelines from the department. (6) The chief executive officer must not use criminal history information for any purpose other than for assessing the suitability of an authorised person to exercise a power under a Local Government Act. Maximum penalty for subsection (6)—100 penalty units. Page 194 Current as at [Not applicable]
Not authorised —indicative only Part 6A Local Government Act 2009 Chapter 6 Administration [s 204D] Authorised officers for the department 204D Appointing authorised officers (1) The department’s chief executive may appoint a person as an authorised officer for the department if the person has the necessary expertise or experience to perform the functions of the office. (2) An authorised officer’s appointment is subject to the conditions stated in— (a) the document that appoints the officer; or (b) a written notice given to the officer by the department’s chief executive; or (c) a regulation. 204E End of appointment of authorised officers (1) A person stops being an authorised officer— (a) at the end of the term of appointment stated in the document that appointed the officer; or (b) if the officer gives the department’s chief executive a signed notice of resignation; or (c) if it is a condition of the officer’s appointment that the officer hold another position at the same time—if the officer stops holding the other position. (2) If it is a condition of the authorised officer’s appointment that the officer hold another position at the same time, a notice of resignation for the other position acts as a notice of resignation for both positions. (3) This section does not limit the ways in which an authorised officer’s appointment ends. Current as at [Not applicable] Page 195
Not authorised —indicative only Local Government Act 2009 Chapter 6 Administration [s 204F] 204F Identity card for authorised officers (1) The department’s chief executive must give each authorised officer an identity card. (2) This section does not stop a single identity card being issued to a person for this Act and for another purpose. (3) A person who stops being an authorised officer must return the person’s identity card to the chief executive officer, within 21 days after stopping being an authorised officer, unless the person has a reasonable excuse. Maximum penalty for subsection (3)—10 penalty units. Part 7 Interim management 205 Interim management committee (1) When an interim administrator is appointed for a local government, the Minister may appoint a committee of persons to help the interim administrator to perform the interim administrator’s responsibilities. (2) A person may be appointed as a member of a committee for a limited time or indefinitely. (3) The interim administrator is chairperson of the committee and must preside at every meeting of the committee at which the interim administrator is present. (4) If, because of absence or incapacity, the interim administrator can not perform the responsibilities of chairperson of the committee, the other members of the committee must appoint another member to act as chairperson. 206 Conditions of appointment as interim administrator or member of committee (1) An interim administrator or a member of a committee is entitled to the fees, allowances and expenses decided by the Governor in Council. Page 196 Current as at [Not applicable]
Local Government Act 2009 Chapter 6 Administration [s 207] (2) An officer of the public service who is appointed as an interim administrator, or as a member of a committee, may hold the appointment as well as the public service office. Not authorised —indicative only 207 End of appointment of interim management A person stops being an interim administrator, or a member of an interim management committee— (a) if the person resigns by signed notice of resignation given to the department’s chief executive; or (b) if the Governor in Council, for any reason, cancels the person’s appointment; or (c) at the conclusion of a fresh election of the councillors of the local government. Part 8 The superannuation board 208 Superannuation board (LGIAsuper Trustee) (1) The Queensland Local Government Superannuation Board under the 1993 Act continues in existence under this Act under the name LGIAsuper Trustee. (2) LGIAsuper Trustee— (a) is a body corporate; and (b) may sue and be sued in its corporate name. 209 LGIAsuper Trustee’s responsibilities (1) LGIAsuper Trustee’s primary responsibility is to act as the trustee of LGIAsuper. (2) LGIAsuper Trustee may delegate its powers to— (a) a committee of its directors; or (b) an employee of LGIAsuper Trustee. Current as at [Not applicable] Page 197
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 210] 210 Board of directors (1) LGIAsuper Trustee has a board of directors. (2) The board of directors is responsible for how LGIAsuper Trustee performs its responsibilities. (3) The board of directors must ensure LGIAsuper Trustee performs its responsibilities in a proper, effective and efficient way. (4) The board of directors consists of the persons making up the board under the trust deed containing the rules that govern the operation of LGIAsuper. (5) The directors must be appointed under the rules established to comply with the Commonwealth Super Act. 211 Seal of LGIAsuper Trustee (1) LGIAsuper Trustee has a seal. (2) Judicial notice must be taken of the seal on a document. (3) A document marked with the seal must be presumed to have been properly sealed, unless the contrary is proved. Chapter 7 Other provisions Part 1 Way to hold a hearing 212 What this part is about (1) This part sets out the way to hold a hearing under this Act. (2) The person or other entity that is conducting the hearing is called the investigator in this part. Page 198 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 213] 213 Procedures at hearing (1) When conducting a hearing, the investigator must— (a) observe natural justice; but (b) act as quickly and informally as is consistent with a fair and proper consideration of the issues raised in the hearing. (2) For example, the investigator may— (a) act in the absence of a person who has been given reasonable notice of the hearing; or (b) receive evidence by statutory declaration; or (c) refuse to allow a person to be represented by a legal practitioner; or (d) disregard the rules of evidence; or (e) disregard any defect, error, omission or insufficiency in a document; or (f) allow a document to be amended; or (g) adjourn a hearing. (3) However, the investigator must comply with any procedural rules prescribed under a regulation. (4) A hearing is not affected by a change of the members of an entity that is the investigator. 214 Witnesses at hearings (1) The investigator may require a person, by giving them a written notice, to attend a hearing as a witness in order to— (a) give evidence; or (b) produce specified documents. (2) The person must— (a) attend at the time and place specified in the notice; and (b) continue to attend until excused by the investigator; and Current as at [Not applicable] Page 199
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 215] (c) take an oath or make an affirmation if required by the investigator; and (d) answer a question that the person is required to answer by the investigator, unless the person has a reasonable excuse; and (e) produce a document that the person is required to produce by the investigator, unless the person has a reasonable excuse. Maximum penalty—35 penalty units. (3) A person has a reasonable excuse for failing to answer a question or produce a document if answering the question or producing the document might tend to incriminate the person. (4) A person who attends as a witness is entitled to— (a) the witness fees that are prescribed under a regulation; or (b) if no witness fees are prescribed, the reasonable witness fees decided by the investigator. 215 Contempt at hearing A person must not— (a) insult the investigator in a hearing; or (b) deliberately interrupt a hearing; or (c) take part in a disturbance in or near a place where the investigator is conducting a hearing; or (d) do anything that would be a contempt of court if the investigator were a court. Maximum penalty—50 penalty units. Page 200 Current as at [Not applicable]
Part 2 Local Government Act 2009 Chapter 7 Other provisions [s 216] Superannuation Not authorised —indicative only Division 1 Preliminary 216 What this part is about (1) This part is primarily about superannuation for certain persons who are connected to a local government. (2) This part also provides for other persons to become members of LGIAsuper. 216A Definitions for pt 2 In this part— chosen fund , for an employee of a local government or local government entity, means— (a) if the employee has given a direction under section 219(2)—the fund the subject of the direction; or (b) otherwise—LGIAsuper. defined benefit category means a defined benefit category under the trust deed. defined benefit member means a person who is a member of LGIAsuper in a defined benefit category. fund means a superannuation fund, superannuation scheme, approved deposit fund, or RSA, as defined under the Superannuation Guarantee (Administration) Act 1992 (Cwlth). local government includes the Brisbane City Council. local government entity means an entity, prescribed under a regulation, that— (a) under an Act, exercises a power similar to a power that may be exercised by a local government in performing the local government’s responsibilities; or Current as at [Not applicable] Page 201
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 216A] (b) under an Act, exclusively performs a responsibility in relation to the system of local government; or (c) exclusively exercises, for a local government, a power that may be exercised by the local government in performing the local government’s responsibilities; or (d) helps a local government in the performance of the local government’s responsibilities. permanent employee — (a) of a local government (other than the Brisbane City Council) or a local government entity—see section 216B; or (b) of the Brisbane City Council—see section 216C. relevant fund , for a permanent employee of a local government or local government entity, means— (a) if the employee is a defined benefit member— (i) in relation to the employee’s membership in LGIAsuper in the defined benefit category— LGIAsuper; or (ii) otherwise—the employee’s chosen fund; or (b) otherwise—the employee’s chosen fund. relevant trustee , for a permanent employee of a local government or local government entity, means the trustee (however named) of the relevant fund for the employee. superannuation contributions , for a person, means— (a) generally—superannuation contributions required to be made for the person under any of the following instruments— (i) the Commonwealth Super Act; (ii) another Act of the Commonwealth or an Act of the State; (iii) an industrial instrument; and Page 202 Current as at [Not applicable]
Local Government Act 2009 Chapter 7 Other provisions [s 216B] (b) for a permanent employee of a local government or local government entity—the superannuation contributions mentioned in paragraph (a) made for the person as provided under this Act. Not authorised —indicative only 216B Who is permanent employee of a local government (other than the Brisbane City Council) or local government entity (1) An employee of a local government other than the Brisbane City Council is a permanent employee of the local government if— (a) the employee has been continuously employed by the local government for at least 1 year; or (b) the employee has been continuously employed by the local government for less than 1 year, but has elected to be a permanent employee for this part by written notice given to the local government. (2) For subsection (1)— (a) an employee is continuously employed by a local government for a period if, for the period, the employee is employed— (i) by the local government; or (ii) by the local government, and other local governments or local government entities, consecutively; but (b) an employee is not continuously employed by a local government for a period if, during the period, the employee’s employment as mentioned in paragraph (a) is broken by a period of 60 or more consecutive days during which the employee— (i) was not employed by a local government or local government entity; and (ii) was not in a position to accept an offer of employment by a local government or local government entity. Current as at [Not applicable] Page 203
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 216C] (3) An employee of a local government entity is a permanent employee of the local government entity if the local government entity declares the employee to be a permanent employee by written notice given to the relevant trustee. (4) However, an employee is not a permanent employee of a local government (other than the Brisbane City Council) or a local government entity if— (a) the employee is employed by the local government or local government entity only to carry out work on a particular job or project; and (b) the employee’s employment is dependant on the time taken to carry out the job or project. (5) Also, an employee is not a permanent employee of a local government (other than the Brisbane City Council) or a local government entity if the employee is employed by the local government or local government entity under a federally funded community development project for Aborigines or Torres Strait Islanders. 216C Who is permanent employee of the Brisbane City Council An employee of the Brisbane City Council is a permanent employee of the Council if— (a) the employee is employed other than on a temporary or casual basis, and the employee’s employment is subject to an industrial instrument; or (b) the employee is employed on contract, or for a specific time or for the duration of a specific function, and the Council declares the employee to be a permanent employee by written notice given to the relevant trustee. Page 204 Current as at [Not applicable]
Not authorised —indicative only Division 2 LGIAsuper Local Government Act 2009 Chapter 7 Other provisions [s 217] 217 LGIAsuper (1) The Local Government Superannuation Scheme under the 1993 Act continues in existence under this Act under the name LGIAsuper. (2) LGIAsuper Trustee must make a trust deed that contains— (a) the rules that govern the operation of LGIAsuper; and (b) the matters that, under the Commonwealth Super Act, are required to be contained in the governing rules of regulated superannuation funds within the meaning of that Act. (3) In particular, the trust deed must provide for— (a) the yearly contribution that a local government or local government entity must make for a permanent employee who is a defined benefit member, based on the advice of an actuary; and Note— See section 220(2) for the contribution a local government or local government entity must make for a permanent employee. (b) the terms and conditions on which LGIAsuper Trustee must obtain advice from an actuary in relation to the funds that LGIAsuper Trustee administers. (4) LGIAsuper Trustee may include particular other matters in the trust deed under section 220B or 220C. (5) An actuary is an accredited member, or a fellow, of the Institute of Actuaries of Australia. 218 LGIAsuper membership open to everyone LGIAsuper is open to membership by any person, subject to the requirements about membership in the trust deed. Current as at [Not applicable] Page 205
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 219] 219 LGIAsuper is default fund for particular employees (1) Unless a prescribed employee gives a direction under subsection (2), the prescribed employee’s employer must pay superannuation contributions payable for the employee into LGIAsuper. (2) A prescribed employee may, by written notice given to the prescribed employee’s employer, direct the person’s employer to pay superannuation contributions payable for the employee into a fund other than LGIAsuper. Note— See the Superannuation Guarantee (Administration) Act 1992 (Cwlth) for employer obligations relating to an employee’s choice of fund. (3) Subsection (2) does not apply in relation to a prescribed employee’s membership in a defined benefit category. (4) In this section— prescribed employee means— (a) an employee of a local government; or (b) an employee of a local government entity; or (c) an employee of LGIAsuper who is eligible for membership in LGIAsuper under the trust deed. 219A LGIAsuper Trustee may obtain details of salary changes for particular members (1) LGIAsuper Trustee may, by written notice, require each of the following to give LGIAsuper Trustee details of the salary of each of its permanent employees who are LGIAsuper members after any change to the salary of any of the employees— (a) a local government other than the Brisbane City Council; (b) a local government entity. (2) The notice must state the day on which the details must be given to LGIAsuper Trustee. Page 206 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 220] (3) The local government or local government entity must comply with the notice. Division 3 Superannuation contributions for particular employees 220 Amount of yearly contributions—particular employers (1) This section applies to the following (each an employer )— (a) a local government; (b) a local government entity. (2) The yearly contribution an employer must make for a permanent employee of the employer to the relevant fund for the employee is— (a) for the employee’s membership (if any) in LGIAsuper in a defined benefit category—the amount stated, from time to time, in the trust deed; or (b) for the employee’s membership (if any) in LGIAsuper in the accumulation category under the trust deed, or the employee’s membership in any other fund—the amount prescribed by a regulation. (3) If an employer is required under an industrial instrument to make superannuation contributions for an employee, the superannuation contribution required under the industrial instrument is not in addition to the yearly contribution the employer is required to make under this section. (4) An employer need not pay an amount as a yearly contribution to the extent that the amount can not be accepted by a regulated superannuation fund under the Commonwealth Super Act. Note— See the Superannuation Industry (Supervision) Regulations 1994 (Cwlth), regulation 7.04. Current as at [Not applicable] Page 207
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 220A] (5) An employer must pay the yearly contribution within the time prescribed under a regulation. (6) Subsection (2)(b) is subject to section 220B. 220A Amount of yearly contributions—permanent employees (1) This section applies to a permanent employee (an employee ) of a local government or local government entity. (2) An employee must make a yearly contribution to the relevant fund for the employee of the amount prescribed under a regulation. (3) An employee need not make the yearly contribution under this section if a local government or local government entity for the employee makes the contribution, in accordance with the employee’s remuneration agreement, as well as the yearly contribution that it is required to make under this Act. (4) The local government or local government entity for an employee may (despite the provisions of any other Act) deduct all or part of the employee’s contributions from— (a) the employee’s salary; or (b) any money that the employee owes to it. (5) If an employee is required under an industrial instrument to make superannuation contributions, the superannuation contribution required under the industrial instrument is not in addition to the yearly contribution the employee is required to make under this section. (6) Subsection (2) is subject to sections 220B and 220C. (7) Subsection (3) is subject to section 220B. 220B Reduction in contributions to prevent them exceeding concessional contributions cap (1) Subsection (2) applies if the total of the following (the pre-agreement contributions ) would, but for subsection (2), Page 208 Current as at [Not applicable]
Local Government Act 2009 Chapter 7 Other provisions [s 220B] Not authorised —indicative only be more than an employee’s concessional contributions cap for a financial year— (a) the yearly contribution by the employee’s employer made under section 220(2) to the relevant fund for the employee; (b) the yearly contribution by the employee made under section 220A(2) to the relevant fund for the employee. (2) The employer and employee may agree in writing— (a) to reduce the pre-agreement contributions to the amount equal to the employee’s concessional contributions cap for the financial year; and (b) if a yearly contribution made under section 220A(3) is part of the pre-agreement contributions—on the extent, if any, to which a contribution mentioned in subsection (1)(a) or (b) will be reduced to achieve the reduction. (3) If the pre-agreement contributions are reduced under subsection (2)— (a) the amount of the reduction must be paid by the employer to the employee as salary; and (b) no contribution is payable under section 220(2) by the employer because of salary paid under paragraph (a); and (c) no contribution is payable under section 220A(2) by the employee because of salary paid under paragraph (a) other than to the extent, if any, to which the salary amount relates to a reduction of a yearly contribution under section 220A(3). (4) In this section— concessional contributions cap , for an employee, means the employee’s concessional contributions cap within the meaning of the Income Tax Assessment Act 1997 (Cwlth), section 292-20(2), subject to the Income Tax (Transitional Provisions) Act 1997 (Cwlth) section 292-20(2). Current as at [Not applicable] Page 209
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 221] 221 Exemption from payment of yearly contributions on grounds of financial hardship (1) This section applies to a permanent employee of a local government or local government entity, other than in relation to the employee’s membership (if any) in LGIAsuper in a defined benefit category. (2) An employee and the employee’s employer may agree in writing— (a) that the employee is exempt, on the grounds of the employee’s financial hardship, from paying all or a stated part of the contributions payable under section 220A(2) by the employee; and (b) on the period, of not more than 1 year, of the exemption. (3) Subsection (2)(b) does not limit the number of times the employer and employee may agree to an exemption under subsection (1) for the employee. (4) The employer or employee must give the relevant trustee a copy of the agreement within 2 months after the agreement is made. 222 Adjusting contributions if salary decreased (1) This section applies if the salary of a permanent employee of a local government or local government entity decreases. (2) The employee may, within 60 days after the decrease in salary takes effect, give the local government or local government entity written notice that the employee wants to pay contributions as if the employee’s salary had not decreased. (3) If the employee gives a notice under subsection (2), the local government or local government entity must calculate the yearly contributions payable for the employee based on the employee’s salary before it was decreased. Page 210 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 224] 224 Interest is payable on unpaid contributions (1) This section applies if a local government or local government entity does not pay a superannuation contribution payable for an employee of the local government or local government entity within 14 days after the end of the employee’s pay period for which the contribution is payable. (2) The local government or local government entity must pay interest on the amount of the contribution to the relevant fund for the employee. (3) Any interest that is payable— (a) is to be paid at the rate prescribed under a regulation; and (b) is to be calculated on a daily basis. 225 Local governments must not establish employee superannuation schemes A local government (other than the Brisbane City Council) must not establish a superannuation scheme for its employees. 226 Super scheme for councillors (1) A local government (other than the Brisbane City Council) may, for its councillors— (a) establish and amend a superannuation scheme; or (b) take part in a superannuation scheme. Note— For a similar power of the Brisbane City Council, see the City of Brisbane Act 2010 , section 210. (2) If it does so, the local government may pay an amount from its operating fund to the superannuation scheme as a contribution for its councillors. (3) However, the local government must not make contributions to the superannuation scheme— Current as at [Not applicable] Page 211
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 228] (a) of more than the proportion of a salary that is payable by the local government for its standard permanent employees under this part; or (b) for a person who is no longer a councillor. (4) A councillor of the local government may enter into an arrangement with the local government under which— (a) the councillor agrees to forgo a percentage or amount of the remuneration that the councillor is entitled to as a councillor; and (b) the local government agrees to contribute the percentage or amount to the superannuation scheme for the councillor. (5) A superannuation scheme is a superannuation scheme that complies with the Commonwealth Super Act. Part 3 Allocating Commonwealth funding to local governments Division 1 Allocating Commonwealth funding 228 Allocating Commonwealth funding (1) The grants commission is a body that is created under this Act to perform the responsibilities of a Local Government Grants Commission under the Local Government (Financial Assistance) Act. (2) The grants commission and the Minister must comply with the Local Government (Financial Assistance) Act. (3) The public hearings that the grants commission is required to hold under the Local Government (Financial Assistance) Act must be held in the way set out in part 1. (4) If— Page 212 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 229] (a) the grants commission requires a local governing body to provide information to help the grants commission make a decision about funding under the Local Government (Financial Assistance) Act; and (b) the local governing body does not make a submission by the date reasonably specified by the grants commission; the grants commission can recommend that no funding be allocated to the local governing body. (5) A local governing body is a local governing body within the meaning of the Local Government (Financial Assistance) Act. (6) The Minister must not distribute to a local government an amount equal to notional GST if the local government has not paid the notional GST. (7) Notional GST is an amount that a local government may pay under the GST and Related Matters Act 2000 , section 5. (8) The Minister must table the following in the Legislative Assembly— (a) the grants commission’s recommendations about the allocation of funding; (b) a breakdown of how the funding was allocated between local governments. 229 Decisions under this division are not subject to appeal A decision of the grants commission or the Minister under this division is not subject to appeal. Note— See section 244 (Decisions not subject to appeal) for more information. Current as at [Not applicable] Page 213
Local Government Act 2009 Chapter 7 Other provisions [s 230] Division 2 The grants commission Not authorised —indicative only 230 Grants commission is established (1) The Local Government Grants Commission (the grants commission ) is established. (2) The grants commission is made up of the following members— (a) a chairperson; (b) a deputy chairperson; (c) 4 other members. 231 Members of grants commission (1) The Governor in Council must appoint the members of the grants commission. (2) The Governor in Council must ensure— (a) the person who is appointed as the deputy chairperson is an officer of the department; and (b) at least 1 member has knowledge of local government in relation to local government areas of indigenous regional councils and other indigenous local governments; and (c) the other members have knowledge of local government. (3) A member may be appointed for a term of not longer than 3 years. (4) A member holds office on the conditions (including about fees and allowances, for example) that the Governor in Council decides. (5) The Governor in Council may pay members different rates. (6) A person may be a member of the grants commission at the same time as the person holds an office under another Act, even though the other Act— Page 214 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 232] (a) requires the holder of an office to devote all of the person’s time to the duties of the office; or (b) prohibits the holder of an office from engaging in employment outside the duties of the office. (7) A person stops being a member of the grants commission if— (a) the member resigns by signed notice of resignation given to the Minister; or (b) the member is convicted of an indictable offence; or (c) if the member is the deputy chairperson—the member stops being an officer of the department; or (d) the Governor in Council cancels the member’s appointment. (8) The Governor in Council may cancel a member’s appointment if the member— (a) becomes incapable of performing duties because of physical or mental incapacity; or (b) engages in misbehaviour; or (c) is incompetent; or (d) uses the office for party political purposes; or (e) does anything else that the Governor in Council considers is a reasonable and sufficient justification for removal from office. (9) The Governor in Council may appoint a person to act for a member of the grants commission if the member is— (a) absent; or (b) unable to carry out the member’s responsibilities (including because of illness, for example). 232 Conflict of interests (1) This section applies if— Current as at [Not applicable] Page 215
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 233] (a) a member of the grants commission has a direct or indirect financial interest in a matter being considered, or about to be considered, by the grants commission; and (b) the interest could conflict with the proper performance of the member’s responsibilities for the matter. (2) The person must not take part, or take further part, in any consideration of the matter. Maximum penalty—35 penalty units. (3) As soon as practicable after the member becomes aware that this section applies to the member, the member must inform the department’s chief executive. Maximum penalty—35 penalty units. 233 Staff assistance to the grants commission The department’s chief executive must make available to the grants commission the staff assistance that the grants commission needs to effectively perform its responsibilities. Part 4 Legal provisions 234 False or misleading information (1) A person commits an offence if the person gives information for this Act (either orally or in a document), that the person knows is false or misleading in a material particular, to any of the following persons— (a) the Minister; (b) the department’s chief executive; (c) the chief executive officer; (d) an authorised person; (e) the change commission; Page 216 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 235] (f) a regional conduct review panel; (g) the tribunal; (h) the grants commission. Maximum penalty—100 penalty units. (2) However, the person does not commit an offence in relation to information in a document if, when the person gives the document to the other person— (a) the person tells the other person that the document is false or misleading, and in what respect the document is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information—the person gives the other person the correct information. 235 Administrators who act honestly and without negligence are protected from liability (1) A State administrator or local government administrator is not civilly liable for an act done under this Act or the Local Government Electoral Act, or omission made under this Act or the Local Government Electoral Act, honestly and without negligence. (2) A State administrator is— (a) the Minister; or (b) the department’s chief executive; or (c) an authorised officer; or (d) a member of the change commission; or (e) a member of the grants commission; or (f) a member of a regional conduct review panel; or (g) a member of the tribunal; or (h) a person acting under the direction of a person mentioned in paragraph (a), (b) or (c); or Current as at [Not applicable] Page 217
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 236] (i) an advisor or financial controller. (3) A local government administrator is— (a) a councillor; or (b) the chief executive officer; or (c) an authorised person; or (d) another local government employee; or (e) an interim administrator. (4) If subsection (1) prevents civil liability attaching to a State administrator, liability attaches instead to the State. (5) If subsection (1) prevents civil liability attaching to a local government administrator, liability attaches instead to the local government. (6) A joint local government, or any member of the joint local government, is not civilly liable for an act done under this Act, or omission made under this Act, honestly and without negligence. (7) If subsection (6) prevents civil liability attaching to a member of a joint local government, liability attaches instead to the local government for which the member is a councillor. (8) The protection given under this section is in addition to any other protection given under another law or Act (including the Public Interest Disclosure Act 2010 , for example). 236 Who is authorised to sign local government documents (1) The following persons may sign a document on behalf of a local government— (a) the head of the local government; (b) a delegate of the local government; (c) a councillor or local government employee who is authorised by the head of the local government, in writing, to sign documents. Page 218 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 236A] Note— See section 257 for the local government’s power to delegate. (2) The head of the local government is— (a) the mayor; or (b) if all of the councillors have been dismissed under section 123 and an interim administrator is appointed— the interim administrator; or (c) if there are no councillors for any other reason and an interim administrator has not been appointed—the chief executive officer. 236A Who is authorised to sign joint local government documents The following persons may sign a document on behalf of a joint local government— (a) the chairperson of the joint local government; (b) a delegate of the joint local government; (c) a member of the joint local government, or a joint local government employee, who is authorised by the chairperson of the joint local government, in writing, to sign documents. 237 Name in proceedings by or against a local government (1) Any proceedings by a local government must be started in the name of the local government. (2) However, a local government may start a proceeding under the Justices Act 1886 in the name of a local government employee who is a public officer within the meaning of that Act. (3) Any proceedings against a local government must be started against the local government in its name. Current as at [Not applicable] Page 219
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 237A] 237A Name in proceedings by or against a joint local government (1) A proceeding by a joint local government must be started in the name of the joint local government. (2) However, a joint local government may start a proceeding under the Justices Act 1886 in the name of a joint local government employee who is a public officer within the meaning of that Act. (3) A proceeding against a joint local government must be started against the joint local government in its name. 238 Service of documents on local governments A document is properly served on a local government if it is given to the chief executive officer in a way that is authorised by law. 239 Substituted service (1) If an owner of rateable land is known to be absent from the State, a local government may serve a document on the owner by serving the document on the owner’s agent in the State. (2) Subsection (3) applies if— (a) a local government must serve a document on a person who owns or occupies a property; but (b) the local government does not know, or is uncertain about, the person’s current address. (3) The local government may serve the document by— (a) publishing a notice that contains a summary of the document in— (i) a newspaper that is circulating generally throughout the State; and (ii) the gazette; and Page 220 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 239A] (b) publishing a notice that contains a copy of the document on the local government’s website. (4) The notice must be addressed to— (a) if the local government knows the person’s name—the person by name; or (b) if the local government does not know the person’s name—the ‘owner’ or ‘occupier’ at the property’s address. (5) In this section, a reference to a local government includes a reference to a joint local government. 239A Local Government Acts requiring a statement of a law A provision of a Local Government Act, that requires a document to contain a statement of a relevant provision of law, is taken to be complied with if the document states that particulars of the relevant provision may be— (a) obtained, free of charge, on application to the local government; or (b) viewed at an identified website. 240 Acting for a local government in legal proceedings (1) In any proceedings, the chief executive officer, or another employee authorised in writing by the local government— (a) may give instructions and act as the authorised agent for the local government; and (b) may sign all documents for the local government. (2) A local government must pay the costs incurred by the chief executive officer or other employee in any proceedings. (3) If the Attorney-General could take proceedings on behalf of a local government to ensure compliance with a Local Government Act, the local government may take the proceeding in its own name. Current as at [Not applicable] Page 221
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 241] (4) In any proceedings, the chairperson of a joint local government, or another employee authorised in writing by the joint local government— (a) may give instructions and act as the authorised agent for the joint local government; and (b) may sign all documents for the joint local government. (5) A joint local government must pay the costs incurred by the chairperson or other employee in any proceedings. 241 Attempt to commit offence A person who attempts to commit an offence against this Act commits an offence and, on conviction, is liable to the same penalties as if the person had committed the offence. 242 Types of offences under this Act (1) An offence against this Act that has a penalty of more than 2 years imprisonment, is an indictable offence that is a misdemeanour. (2) Any other offence against this Act is a summary offence. (3) A proceeding for an indictable offence may be taken, at the prosecution’s election— (a) by way of summary proceedings under the Justices Act 1886 ; or (b) on indictment. (4) A magistrate must not hear an indictable offence summarily if— (a) at the start of the hearing, the defendant asks that the charge be prosecuted on indictment; or (b) the magistrate considers that the charge should be prosecuted on indictment. (5) If subsection (4) applies— Page 222 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 243] (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and (b) a plea of the person charged at the start of the proceeding must be disregarded; and (c) evidence brought in the proceeding before the magistrate decided to act under subsection (4) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104(2)(b). (6) The maximum penalty that may be summarily imposed for an indictable offence is 100 penalty units or 1 year’s imprisonment. (7) A proceeding must be before a magistrate if it is a proceeding— (a) for the summary conviction of a person on a charge for an indictable offence; or (b) for an examination of witnesses for a charge for an indictable offence. (8) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 . 243 Time to start proceedings in a summary way Proceedings for an offence against this Act that are to be heard in a summary way under the Justices Act 1886 must be started— (a) within 1 year after the offence was committed; or (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed. Current as at [Not applicable] Page 223
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 244] 244 Decisions not subject to appeal (1) If a provision of this Act declares a decision to be not subject to appeal, that means the decision— (a) can not be appealed against, challenged, reviewed, quashed, set aside, or called into question in any way (including under the Judicial Review Act, for example); and (b) is not subject to any writ or order of a court on any ground. Examples— 1 A person may not bring any proceedings for an injunction to stop conduct that is authorised by the decision. 2 A person may not bring any proceedings for a declaration about the validity of conduct that is authorised by the decision. (2) A decision includes— (a) conduct related to making the decision; and (b) a failure to make a decision. (3) A court includes a tribunal or another similar entity. 245 Judges and other office holders not disqualified from adjudicating (1) A judge, magistrate, justice or presiding member of a tribunal is not disqualified from adjudicating in any proceedings to which a local government is a party only because the person is, or is liable to be, a ratepayer of the local government. (2) A judge, magistrate, justice or presiding member of a tribunal is not disqualified from adjudicating in any proceedings to which a joint local government is a party only because the person is, or is liable to be, a ratepayer of a component local government for the joint local government. Page 224 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 246] 246 Where fines are to be paid to (1) This section applies if, in proceedings brought by a local government for an offence against a Local Government Act, the court imposes a fine. (2) The fine must be paid to the local government’s operating fund, unless the court ordered the fine to be paid to a person. (3) In this section, a reference to a local government includes a reference to a joint local government. 247 Local government references in this Act (1) In a provision of this Act about a local government— (a) a reference to the mayor or another councillor is a reference to the mayor or another councillor of the local government; and (b) a reference to the chief executive officer or another employee is a reference to the chief executive officer or another employee of the local government; and (c) a reference to an authorised person is a reference to an authorised person appointed by the local government; and (d) a reference to a local government area is a reference to the local government area of the local government. (2) In a provision of this Act, a reference to a local government is a reference to the local government that— (a) in a provision about the mayor or another councillor— the mayor or other councillor was elected or appointed to; and (b) in a provision about the chief executive officer or another employee—employs the chief executive officer or another employee; and (c) in a provision about an authorised person—appointed the authorised person; and Current as at [Not applicable] Page 225
Local Government Act 2009 Chapter 7 Other provisions [s 248] (d) in a provision about a local government area—has jurisdiction over the local government area. Not authorised —indicative only 248 Evidence of local laws (1) In any proceedings, a certified copy of a local law or consolidated version of a local law is evidence of the content of the local law or consolidated version of the local law. (2) A certified copy of a local law or consolidated version of a local law is a copy that has been certified by— (a) for a local law made by a local government—the chief executive officer to be the local law or consolidated version as made by the local government; or (b) for a local law made by a joint local government—the chairperson of the joint local government to be the local law or consolidated version as made by the joint local government. (3) In any proceedings, a copy of the gazette that contains a notice of making a local law is— (a) evidence of the content of the notice; and (b) evidence that the local law has been properly made. (4) In any proceedings, the competence of a local government or joint local government to make a particular local law is presumed unless the matter is raised. 249 Evidence of proceedings (1) This section applies to a document that— (a) purports to be a copy of an entry in a record of the proceedings of— (i) the local government; or (ii) a committee of a local government; and (b) purports to have been signed at the time when the entry was made by— Page 226 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 250] (i) the mayor; or (ii) the chairperson of the committee; and (c) is certified by the chief executive officer to be a true copy of the document. (2) Also, this section applies to a document that— (a) purports to be a copy of an entry in a record of the proceedings of a joint local government; and (b) purports to have been signed at the time when the entry was made by the chairperson of the joint local government; and (c) is certified by the chairperson to be a true copy of the document. (3) The document is evidence— (a) of the proceedings; and (b) that the proceedings were properly held. 250 Evidentiary value of copies (1) This section applies to a copy of a document that— (a) purports to be made under the authority of a local government or its mayor; and (b) purports to be verified by the mayor or an employee who is authorised by the local government. (2) Also, this section applies to a copy of a document that— (a) purports to be made under the authority of a joint local government or its chairperson; and (b) purports to be verified by the chairperson or an employee who is authorised by the joint local government. (3) The copy of the document is evidence in any proceedings as if the copy were the original of the document. Current as at [Not applicable] Page 227
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 251] 251 Evidentiary value of certificates (1) This section applies to a certificate that— (a) purports to be about the state of, or a fact in, a record of the local government; and (b) purports to be signed by the chief executive officer. (2) Also, this section applies to a certificate that— (a) purports to be about the state of, or a fact in, a record of a joint local government; and (b) purports to be signed by the chairperson of the joint local government. (3) The certificate is evidence of the matters contained in the certificate. 252 Evidence of directions given to local government or joint local government (1) This section applies to a document that— (a) purports to be a direction that the Minister, or the department’s chief executive, gave to a local government or a joint local government under this Act; and (b) purports to be certified by or for the Minister, or the department’s chief executive, to be a true copy of the direction. (2) The document is evidence of— (a) the giving of the direction; and (b) the matters contained in the direction. 253 Evidence of complainant’s knowledge of matter In a complaint starting proceedings, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter. Page 228 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 254] 254 Constitution and limits of local government need not be proved It is not necessary for the plaintiff in any proceedings started by, for or against a local government to prove— (a) the local government’s constitution; or (b) the boundaries of the local government area; or (c) the boundaries of a division of the local government area. Part 5 Delegation of powers 255 Delegation of Minister’s powers (1) The Minister may delegate the Minister’s powers under this Act, or another Local Government Act, to an appropriately qualified person. (2) However, the Minister must not delegate a power under section 38AB, 121, 122 or 123. 256 Delegation of department’s chief executive’s powers The department’s chief executive may delegate the chief executive’s powers under this Act, or another Local Government Act, to an appropriately qualified person. 257 Delegation of local government powers (1) A local government may, by resolution, delegate a power under this Act or another Act to— (a) the mayor; or (b) the chief executive officer; or (c) a standing committee, or joint standing committee, of the local government; or Current as at [Not applicable] Page 229
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 257A] (d) the chairperson of a standing committee, or joint standing committee, of the local government; or (e) another local government, for the purposes of a joint government activity. (2) However, a local government must not delegate a power that an Act states must be exercised by resolution. (3) A joint standing committee , of the local government, is a committee consisting of councillors of 2 or more of the local governments. (4) A delegation to the chief executive officer under subsection (1) must be reviewed annually by the local government. 257A Delegation of joint local government’s powers (1) A joint local government may, by resolution, delegate its powers about a component local government’s area to the component local government. (2) Also, a joint local government may, by resolution, delegate its powers under this Act or another Act to— (a) the chairperson of the joint local government; or (b) a mayor of its component local governments; or (c) the chief executive officer of the joint local government or its component local governments; or (d) a committee of members of the joint local government or of councillors of its component local governments; or (e) the chairperson of a committee mentioned in paragraph (d). (3) Despite subsections (1) and (2), a joint local government must not delegate a power that an Act states must be exercised by resolution. Page 230 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 258] 258 Delegation of mayor’s powers (1) A mayor may delegate the mayor’s powers to another councillor of the local government. (2) However, the mayor must not delegate the power to give directions to the chief executive officer or senior executive employees. 259 Delegation of chief executive officer powers (1) A chief executive officer may delegate the chief executive officer’s powers to an appropriately qualified employee or contractor of the local government. (2) However, the chief executive officer must not delegate the following powers— (a) a power delegated by the local government, if the local government has directed the chief executive officer not to further delegate the power; (b) a power to keep a register of interests. 260 Local government delegations register (1) The chief executive officer must establish a register of delegations that contains the particulars prescribed under a regulation. (2) The chief executive officer must record all delegations by the local government, mayor or the chief executive officer in the register of delegations. (3) The public may inspect the register of delegations. Part 6 Other provisions 261 Public office of a local government (1) A local government must keep premises for use as a public office. Current as at [Not applicable] Page 231
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 262] (2) The public office must be in, or as near as practicable to, the local government area. 262 Powers in support of responsibilities (1) This section applies if a local government is required or empowered to perform a responsibility under a Local Government Act. (2) The local government has the power to do anything that is necessary or convenient for performing the responsibilities. (3) The powers include all the powers that an individual may exercise, including for example— (a) power to enter into contracts; and (b) power to acquire, hold, deal with and dispose of property; and (c) power to charge for a service or facility, other than a service or facility for which a cost-recovery fee may be fixed. 263 Validity of local government proceedings The proceedings of a local government or any of its committees, or the actions of a person acting as a councillor or member of a committee, are not invalid merely because of— (a) vacancies in the membership of the local government or committee; or (b) a defect or irregularity in the election or appointment of any councillor or committee member; or (c) the disqualification of a councillor or committee member from acting as a councillor or committee member. Page 232 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 264] 264 Special entertainment precincts (1) This section is about establishing a special entertainment precinct. (2) A special entertainment precinct is an area in which— (a) amplified music that is played at premises in the area is regulated by a local law, and not by the Liquor Act 1992 ; and (b) the requirements about noise attenuation under the Planning Act apply to certain types of development in the area. (3) If a local government wants to establish a special entertainment precinct in its local government area, the local government must— (a) amend the local government’s planning scheme to identify the special entertainment precinct; and (b) make a local law to regulate noise from amplified music from premises in the special entertainment precinct, in accordance with a permit that is issued for the premises. (4) However, a local law under this section does not apply to— (a) a major sports facility under the Major Sports Facilities Act 2001 ; or (b) an activity that— (i) is for a major event under the Major Events Act 2014 ; and (ii) is being carried on by, or with the approval of, the major event organiser for the major event. 265 Materials in infrastructure are local government property (1) The materials in the following things are the property of a local government— (a) a road constructed by or for the local government; Current as at [Not applicable] Page 233
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 265A] Example of a road constructed for the local government— a road constructed by a developer because of a condition attached to a development approval under the Planning Act (b) any works relating to a road (including gutters, stormwater drains, kerbing and channelling, for example) that are constructed by or for the local government; (c) a floating pontoon, jetty, or wharf that is— (i) constructed by the local government; or (ii) under the control of the local government. (2) If a local government, in exercising a power of the local government, constructs a structure or carries out any works on someone else’s land, the materials in the structure or works are the property of the local government. (3) This section does not apply to the materials in— (a) an open drain, other than any lining of the drain; or (b) the outcome of action taken in accordance with a remedial notice under section 140. (4) For subsection (1), it is irrelevant whether the thing mentioned in the subsection is on, over or under land that is owned by an entity other than the local government. 265A Land registry searches free of charge (1) This section applies to any of the following persons— (a) a chief executive officer; (b) an employee of a local government who is authorised by a chief executive officer; (c) a lawyer or other agent acting for a local government; (d) an employee of a lawyer or agent mentioned in paragraph (c) who is authorised by the lawyer or agent. Page 234 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 266] (2) The person may conduct searches of registers or documents about land in the land registry in accordance with the practice of the registry without payment of a fee. 266 Approved forms The department’s chief executive may approve forms for use under this Act. 268 Process for administrative action complaints (1) A local government must adopt a process for resolving administrative action complaints. (2) An administrative action complaint is a complaint that— (a) is about an administrative action of a local government, including the following, for example— (i) a decision, or a failure to make a decision, including a failure to provide a written statement of reasons for a decision; (ii) an act, or a failure to do an act; (iii) the formulation of a proposal or intention; (iv) the making of a recommendation; and (b) is made by an affected person. (3) An affected person is a person who is apparently directly affected by an administrative action of a local government. (4) A regulation may provide for the process for resolving complaints about administrative actions of the local government by affected persons. 268A Advisory polls A local government may, in the way decided by the local government, conduct a voluntary poll of the electors in its area or a part of its area on any issue of concern to the area or part. Current as at [Not applicable] Page 235
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 269] 269 Information for the Minister (1) The Minister may, by written notice, require a local government to give the Minister information about— (a) the local government area; or (b) the local government. (2) The local government must comply with the notice. 270 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) For example, a regulation may be made about— (a) the processes of the tribunal; or (b) corporate entities; or (c) reviews of, or appeals against, decisions made under this Act; or (d) a register of interests of the following— (i) councillors; (ii) other persons who are given responsibilities to perform under this Act; (iii) persons who are related to a councillor or a person mentioned in subparagraph (ii); or (e) the recording of conflicts of interest arising from the performance of a responsibility under this Act; or (f) the regulation and management of local government assets and infrastructure; or (g) a levy on the railway between Cairns and Kuranda; or (h) a process for the scrutiny of a local government’s budget; or (i) meetings of a local government or its committees; or Page 236 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 7 Other provisions [s 270A] (j) the financial planning and accountability of a local government, including the systems of financial management; or (k) matters relating to a joint local government (including transferring assets and liabilities between a joint local government and a component local government). 270A Regulation-making power for implementation of de-amalgamations (1) A de-amalgamation of a local government area is the separation of the area into different local government areas, each to be governed by its own local government. (2) The Governor in Council may implement a de-amalgamation of a local government area under a regulation. (3) The regulation may provide for anything that is necessary or convenient to facilitate the implementation of the de-amalgamation of the local government area. (4) For example, the regulation may provide for— (a) holding, postponing or cancelling a local government election; or (b) the transfer of assets and liabilities from a local government to another local government; or (c) the recovery of the costs of the de-amalgamation of the local government area; or (d) the temporary continuation of a local law for the affected part of a local government area. (5) A local government is not liable to pay a State tax in relation to a transfer or other arrangement made to implement a de-amalgamation. (6) A State tax is a tax, charge, fee or levy imposed under an Act. Current as at [Not applicable] Page 237
Not authorised —indicative only Local Government Act 2009 Chapter 8 Transitionals, savings and repeals for Act No. 17 of 2009 and Act No. 23 of 2010 [s 271] Chapter 8 Transitionals, savings and repeals for Act No. 17 of 2009 and Act No. 23 of 2010 271 What this chapter is about (1) This chapter is about the transition from the repealed LG Acts to this Act (including the transition of rights, liabilities and interests, for example). (2) The repealed LG Acts are— • the Local Government Act 1993 • the Local Government (Community Government Areas) Act 2004 . 272 Local governments, including joint local governments (1) A local government under the repealed LG Acts continues in existence as a local government under this Act. (2) The following joint local governments continue in existence under this Act— (a) the Esk–Gatton–Laidley Water Board; (b) the Nogoa River Flood Plain Board. (3) The joint local governments have— (a) the same responsibilities that the joint local governments had immediately before the commencement of this section; and (b) all powers of a local government under this Act, other than the power to levy rates on land. (4) If the context permits— (a) a reference in an Act or document to a local government includes a reference to the joint local governments; and Page 238 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 8 Transitionals, savings and repeals for Act No. 17 of 2009 and Act No. 23 of 2010 [s 273] (b) a reference in an Act or document to a local government area includes a reference to the joint local government areas; and (c) a reference in an Act or document to a councillor of a local government includes a reference to a member of the joint local governments. (5) A reference in an Act or document to a joint local government may, if the context permits, be taken to be a reference to a local government. (6) Despite subsection (2), a joint local government mentioned in the subsection (a continued entity ) may discontinue its existence. (7) Any action taken by a continued entity in relation to discontinuing its existence before the authorisation had effect is, and is taken to always have been, as validly done as it would be if the authorisation had been in force when the action was taken (for example, the disposal of all assets). (8) The authorisation is the power a joint local government may exercise under subsection (6). 273 Community governments (1) A community government under the repealed Local Government (Community Government Areas) Act 2004 continues in existence as a local government under this Act. (2) Anything done by a community government has effect, on the commencement of this section, as if it had been done by a local government. (3) A reference in an Act or document to a community government may, if the context permits, be taken to be a reference to a local government. Current as at [Not applicable] Page 239
Not authorised —indicative only Local Government Act 2009 Chapter 8 Transitionals, savings and repeals for Act No. 17 of 2009 and Act No. 23 of 2010 [s 274] 274 Local service committees (1) The local service committee of the Yarrabah Shire Council continues in existence as if the Local Government (Community Government Areas) Act 2004 was not repealed. (2) On the commencement of this section— (a) all other local service committees are dissolved; and (b) the members of all other local service committees go out of office. (3) No compensation is payable to a member because of subsection (2). 275 Local government owned corporation (1) The local government owned corporation known as the Wide Bay Water Corporation continues in existence as a corporate entity under this Act. (2) Subsection (1) does not stop the corporate entity from being wound up. 276 Local laws (1) A local law under a repealed LG Act, that was in force immediately before the commencement of this section, continues in force as a local law made under this Act. (2) A local law includes an interim local law, model local law, and subordinate local law. (3) Subsection (4) applies if, before the commencement, a local government started, but did not complete, the relevant process for adopting a model local law or making another local law. Note— Under the 1993 Act a local government started the process for adopting a model local law by passing a resolution to propose to adopt the model local law and the local government started a process for making a local law (other than a model local law) by passing a resolution to propose to make the local law. Page 240 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 8 Transitionals, savings and repeals for Act No. 17 of 2009 and Act No. 23 of 2010 [s 277] (4) The local government may proceed further in adopting or making the local law in accordance with the relevant process as if the repealed LG Act had not been repealed. (5) The relevant process is the process under the 1993 Act, chapter 12, part 2, that applied to adopting a model local law or making another local law. (6) A local law adopted or made under subsection (4) is taken to be a local law validly made under this Act. 277 Decisions (1) A decision under a repealed LG Act, that was in force immediately before the commencement of this section, continues in force as if the decision were made under this Act. (2) A decision includes an agreement, appointment, approval, authorisation, certificate, charge, consent, declaration, delegation, direction, dismissal, exemption, immunity, instruction, licence, memorandum of understanding, order, permit, plan, policy, protocol, rates, release, resolution, restriction, settlement, suspension and warrant, for example. 278 Proceedings and evidence (1) If, immediately before the commencement of this section, proceedings for an appeal, a complaint or an offence could legally have been started under a repealed LG Act, the proceedings may be started under this Act. (2) Proceedings for an appeal, a complaint or an offence under a repealed LG Act may be continued under the repealed LG Act, as if this Act had not commenced. (3) Any document that was given evidentiary effect under a repealed LG Act continues to have the evidentiary effect as if the LG Act had not been repealed. Current as at [Not applicable] Page 241
Local Government Act 2009 Chapter 8 Transitionals, savings and repeals for Act No. 17 of 2009 and Act No. 23 of 2010 [s 279] 279 Super trust deed A trust deed made by the board of directors of the super board, that was in force immediately before the commencement of this section, continues in force as a trust deed made by the board of directors of the super board under this Act. Not authorised —indicative only 280 Registers (1) A register under a repealed LG Act continues as if it were made under this Act. (2) A register includes— (a) a register of delegations; and (b) a register relating to enterprises; and (c) a register of interests; and (d) a register of regulatory fees; and (e) a register of assets and gifts. 281 Remuneration schedule The remuneration schedule for councillors, that was in force immediately before the commencement of this section, continues in force as the remuneration schedule for councillors under this Act until the tribunal prepares a remuneration schedule. 282 References to repealed LG Act A reference in an Act or document to a repealed LG Act may, if the context permits, be taken to be a reference to this Act. 282A Continuation of implementation of reform (1) The former commission is a Local Government Electoral and Boundaries Review Commission established under the 1993 Act, section 66. Page 242 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 8 Transitionals, savings and repeals for Act No. 17 of 2009 and Act No. 23 of 2010 [s 283] (2) Subsection (3) applies if, before the commencement— (a) a local government applied, under the 1993 Act, section 80, to the former commission for determination of a limited reviewable local government matter; and (b) the former commission had not yet made a determination about the matter. (3) The change commission must— (a) determine the application; and (b) comply with any requirements relating to the determination; under the 1993 Act as if the 1993 Act had not been repealed. (4) If the determination under subsection (3)(a) is to implement the matter, the Governor in Council must implement the matter under this Act. (5) Subsections (6) and (7) apply if, before the commencement, the former commission— (a) determined, under the 1993 Act, that a reviewable local government matter or limited reviewable local government matter be implemented; and (b) had not yet complied with a requirement, under the 1993 Act, relating to the determination. (6) The former commission must comply with the requirement as if the 1993 Act had not been repealed. (7) The Governor in Council must implement the matter under this Act. (8) To remove any doubt, it is declared that any change to a local government under this section is not a local government change for chapter 2, part 3. 283 Continuation of instruments to implement reform (1) The following instruments are continued in force as if chapter 3, part 1B of the 1993 Act had not been repealed— Current as at [Not applicable] Page 243
Not authorised —indicative only Local Government Act 2009 Chapter 8 Transitionals, savings and repeals for Act No. 17 of 2009 and Act No. 23 of 2010 [s 286] (a) the Local Government Reform Implementation (Transferring Areas) Regulation 2007 ; (b) the Local Government Reform Implementation Regulation 2008 ; (c) the Local Government (Workforce Transition Code of Practice) Notice 2007 . (2) The instruments expire— (a) at the end of 31 December 2011; or (b) at an earlier time fixed under a regulation. 286 Administration of sinking fund for liquidation of current borrowings (1) The corporation continued in existence by the 1993 Act, under the name ‘Trustees of the Local Governments Debt Redemption Fund’ (the Trustees ) is continued in existence. (2) The Trustees are responsible for administering the sinking funds for the liquidation of amounts borrowed by local governments before this section commences. (3) The 1936 Act, section 28(15) continues to apply to the Trustees with any necessary changes, and any changes prescribed under a regulation. (4) The Trustees are a statutory body for the Statutory Bodies Financial Arrangements Act. (5) Part 2B of that Act sets out the way in which that Act affects the Trustees’ powers. 287 Local Government Association (1) On and from 1 July 2010— (a) the Local Government Association of Queensland (Incorporated) ( LGAQ Inc. ) established under the 1993 Act stops being a public authority (however called) for the purposes of an Act (including the Ombudsman Act 2001 and Public Records Act 2002 , for example); and Page 244 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 8 Transitionals, savings and repeals for Act No. 17 of 2009 and Act No. 23 of 2010 [s 288] (b) all rights, liabilities and interests of LGAQ Inc., that are in existence immediately before 1 July 2010, are taken to be the rights, liabilities and interests of LGAQ Ltd. (2) The LGAQ Ltd. is the corporation prescribed under a regulation for this section. (3) For example— (a) an agreement with the LGAQ Inc. becomes an agreement with LGAQ Ltd.; and (b) an interest in real or personal property of LGAQ Inc. becomes an interest of LGAQ Ltd.; and (c) a proceeding that could be started or continued by or against LGAQ Inc. may be started or continued by or against LGAQ Ltd.; and (d) a person who was employed by LGAQ Inc. is taken to be employed by LGAQ Ltd. (4) This change of employer does not— (a) affect an employee’s employment conditions, benefits, entitlements or remuneration; or (b) prejudice an employee’s existing or accruing rights to— (i) recreation, sick, long service or other leave; or (ii) superannuation; or (c) entitle a person to a payment or other benefit merely because the person is no longer employed by LGAQ Inc.; or (d) interrupt a person’s continuity of service; or (e) constitute a retrenchment or redundancy. (5) A reference in an Act or document to the LGAQ Inc. may, if the context permits, be taken to be a reference to LGAQ Ltd. 288 Continuing casual commissioners (1) A person appointed as a review commissioner under the 1993 Act immediately before the commencement of this section is, Current as at [Not applicable] Page 245
Not authorised —indicative only Local Government Act 2009 Chapter 8 Transitionals, savings and repeals for Act No. 17 of 2009 and Act No. 23 of 2010 [s 289] on the commencement, taken to be appointed as a casual commissioner under section 23. (2) The person— (a) is appointed for a term that is the remainder of the term for which the person was appointed under the 1993 Act; and (b) holds office on the conditions applying to the person under the 1993 Act. 289 Appeals against disciplinary action (1) This section applies to a disciplinary appeal started by a local government employee under the 1993 Act, section 1158, but not decided before the commencement. (2) A disciplinary appeal was, under the 1993 Act, an appeal to the appeal tribunal in relation to disciplinary action taken against a local government employee. (3) Chapter 16, part 6 of the 1993 Act continues to apply to the appeal as if the provisions had not been repealed. 290 Superannuation for local government employees transferred to new water entities (1) This section applies if employees of a local government are, or have been, transferred to a new water entity under— (a) a transfer notice under the South East Queensland Water (Restructuring) Act 2007 ; or (b) a transition document under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 . Note— Some employees to whom this section applies have, since the enactment of this section, been transferred to the Queensland Bulk Water Supply Authority under a regulation made under the South East Queensland Water (Restructuring) Act 2007 , section 105. The LG super scheme continues to apply to those employees—see section 300. Page 246 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 8 Transitionals, savings and repeals for Act No. 17 of 2009 and Act No. 23 of 2010 [s 291] (2) Chapter 7, part 2 applies to the new water entity and the transferred employees. (3) For applying chapter 7, part 2 to the new water entity and the transferred employees— (a) the new water entity is taken to be a local government entity, but only in relation to its employment of the transferred employees; and (b) a transferred employee is taken to be an eligible member; and (c) despite section 219(2), a transferred employee continues to be a permanent employee if the transferred employee was a permanent employee immediately before the transfer. (4) In this section— new water entity means— (a) an entity, other than the SEQ Water Grid Manager, established under the South East Queensland Water (Restructuring) Act 2007 , section 6(1); or (b) a distributer-retailer under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 . transferred employee means an employee mentioned in subsection (1). 291 Repeal The following Acts are repealed— • the Local Government Act 1993, No. 70 • the Local Government (Community Government Areas) Act 2004, No. 37. Current as at [Not applicable] Page 247
Not authorised —indicative only Local Government Act 2009 Chapter 9 Other transitional and validation provisions [s 292] Chapter 9 Other transitional and validation provisions Part 1 Transitional provision for Revenue and Other Legislation Amendment Act 2011 292 References to City Super etc. in industrial instruments A reference, in an industrial instrument, to City Super or the Brisbane City Council Superannuation Plan may, if the context permits, be taken to be a reference to the LG super scheme. Part 2 Transitional provision for Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011 293 Continuation of implementation of matters under s 282A (1) This section continues the implementation of the following limited reviewable local government matters implemented under section 282A— (a) a change to the external boundaries of Ipswich City Council and Scenic Rim Regional Council gazetted on 11 June 2010; (b) a change to the external boundaries of Cook Shire Council and Wujal Wujal Aboriginal Shire Council gazetted on 16 July 2010. Page 248 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 9 Other transitional and validation provisions [s 293] (2) To remove any doubt, it is declared that an action started by a former local government is taken to have been started by a current local government. (3) To remove any doubt, it is declared that the assets and public works on a relevant lot belong to the current local government. Example— Any material associated with a road or bridge is an asset. (4) An existing planning scheme applies after 17 September 2010 until the current local government makes or amends a planning scheme to include the relevant lot. (5) The existing planning scheme must be implemented, administered and enforced by the current local government to the extent it relates to the relevant lot as if the existing scheme were part of a planning scheme for its local government area. (6) A reference in a document about a relevant lot to a former local government may, as appropriate, be taken to be a reference to the current local government. (7) In this section— action means the performance of a function, or the exercise of a power, including the following— (a) an application about land; (b) the amount of rate for land on a relevant lot; (c) a demand for payment of an amount of rate; (d) any requirement under an Act. current local government means the local government for a relevant lot immediately after 17 September 2010. existing planning scheme means a planning scheme for a relevant lot made by the former local government before 17 September 2010. former local government means the local government for a relevant lot immediately before 17 September 2010. Current as at [Not applicable] Page 249
Local Government Act 2009 Chapter 9 Other transitional and validation provisions [s 294] relevant lot means a lot, shown on a map showing the boundaries of a local government area, that was transferred from the former local government to the current local government on 17 September 2010. Not authorised —indicative only Part 3 Transitional provision inserted under the Local Government Electoral Act 2011 294 Continuation of particular local laws of Torres Strait Island Regional Council (1) A prescribed local law in force immediately before 1 January 2012 continues in force until the earlier of the following— (a) the local law’s repeal by the Torres Strait Island Regional Council; (b) the end of 30 September 2012. (2) However, that Council may, by local law, amend a local law continued under subsection (1) while it continues under that subsection. (3) In this section— prescribed local law means any of the following local laws— (a) Badu Island Council By-Law No. 2 (Law and Order); (b) Boigu Island Council By-Law No. 2 (Law and Order); (c) Dauan Island Council By-Laws 1995; (d) Erub Island Council By-Laws 1995; (e) Hammond Island Council By-Law No. 2 (Law and Order); (f) Iama Island Council By-Law No. 2 (Law and Order); (g) Kubin Island Council By-Law No. 2 (Law and Order); (h) Mabuiag Island Council By-Laws 1995; Page 250 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 9 Other transitional and validation provisions [s 295] (i) Mer Island Council By-Laws 1995; (j) Poruma Island Council By-Laws 1995; (k) Saibai Island Council By-Laws 1997; (l) St Pauls Island Council By-Laws 1995; (m) Ugar Island Council By-Laws 1997; (n) Warraber Island Council By-Laws 1997; (o) Yorke Island Council By-Laws 1995. Part 4 Transitional provisions for Local Government and Other Legislation Amendment Act 2012 Division 1 Transitional provisions about change of legal status 295 Effect of change of legal status on existing local governments and joint local governments (1) On the commencement, a local government in existence immediately before the commencement continues in existence as a local government, but as a body corporate. (2) The change in the local government’s constitution effected by section 11 as in force after the commencement does not, in any way, affect— (a) the local government’s assets or rights and liabilities; or (b) any matter or thing done by or in relation to the local government. (3) On the commencement, a joint local government in existence immediately before the commencement continues in existence as a joint local government, but as a body corporate. Current as at [Not applicable] Page 251
Not authorised —indicative only Local Government Act 2009 Chapter 9 Other transitional and validation provisions [s 296] (4) The change in the joint local government’s constitution effected by section 11 as in force after the commencement does not, in any way, affect— (a) the joint local government’s assets or rights and liabilities; or (b) any matter or thing done by or in relation to the joint local government. 296 Contractual rights etc. are unaffected Without limiting section 295 and to remove any doubt, it is declared that the continuation of a local government under that section— (a) does not place the local government in breach of contract or otherwise make it guilty of a civil wrong; and (b) does not make the local government in breach of any instrument, including, for example, an instrument prohibiting, restricting or regulating the assignment or transfer of any right or liability; and (c) is not taken to fulfil a condition— (i) allowing a person to terminate an instrument or liability or modify the operation or effect of an instrument or liability; or (ii) requiring any amount to be paid before its stated maturity; and (d) does not release a surety or other obligee, in whole or part, from an obligation; and (e) does not negate any decision made by the local government. Page 252 Current as at [Not applicable]
Division 2 Local Government Act 2009 Chapter 9 Other transitional and validation provisions [s 297] Other transitional provisions Not authorised —indicative only 297 Continuation of particular provisions for corporate entities Note— See also section 302 (Exemption from continuation of particular provisions for corporate entities) and section 303 (Continuation of particular provisions of other Acts for corporate entities). (1) A corporate entity is an entity that was corporatised under this Act before the commencement and to which the Corporations Act does not apply. (2) A provision of this Act, as in force immediately before the commencement, that applied in relation to a corporate entity, continues to apply in relation to the corporate entity— (a) as if the provision were not amended or repealed under the Local Government and Other Legislation Amendment Act 2012 ; and (b) despite any amendment or repeal of the provision under the Local Government and Other Legislation Amendment Act 2012 . Examples— • chapter 3, part 2, divisions 3 and 4 • sections 199, 200 and 257 (3) A provision of the relevant regulations, as in force immediately before the commencement, that applied in relation to a corporate entity, continues to apply in relation to the corporate entity— (a) as it was in force immediately before the commencement; and (b) despite any amendment or repeal of the provision after the commencement. (4) The relevant regulations are— (a) the Local Government (Beneficial Enterprises and Business Activities) Regulation 2010 ; and Current as at [Not applicable] Page 253
Not authorised —indicative only Local Government Act 2009 Chapter 9 Other transitional and validation provisions [s 298] (b) the Local Government (Finance, Plans and Reporting) Regulation 2010 ; and (c) the Local Government (Operations) Regulation 2010 . (5) A provision continued under subsection (2) or (3) continues in relation to a corporate entity until the corporate entity is wound up or otherwise ceases to be corporatised under this Act. 298 Change in dealing with complaints (1) This section applies if— (a) a local government, or the department’s chief executive, makes or receives a complaint about the conduct or performance of a councillor before the commencement; and (b) an entity had started dealing with, but had not finally dealt with, the complaint under chapter 6, part 2, division 6. (2) The former process continues to apply in relation to the complaint despite any amendment of this Act under the Local Government and Other Legislation Amendment Act 2012 . (3) The former process is chapter 6, part 2, division 6 as in force immediately before the commencement. (4) To remove any doubt, it is declared that— (a) an entity dealing with the complaint must deal with the complaint under the former process; and (b) any disciplinary action taken against a councillor because of the complaint is limited to the action that may be taken under the former process. 299 Change in process for making local laws (1) This section applies if a local government has begun, but not completed, its process for making a local law before the commencement. Page 254 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 9 Other transitional and validation provisions [s 300] (2) The local government may continue the process for making the local law despite any amendment of this Act under the Local Government and Other Legislation Amendment Act 2012 . (3) Chapter 3, part 1, as in force immediately before the commencement, continues to apply for the purpose of subsection (2). Part 5 Transitional provision for South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 300 Superannuation for particular LinkWater employees transferred to Queensland Bulk Water Supply Authority (1) This section applies if employees of LinkWater who are members of the LG super scheme are, or have been, transferred to the Queensland Bulk Water Supply Authority (the Authority ) under a regulation made under the South East Queensland Water (Restructuring) Act 2007 , section 105. (2) Chapter 7, part 2 applies to the Authority and the transferred employees. (3) For applying chapter 7, part 2 to the Authority and the transferred employees— (a) the Authority is taken to be— (i) a local government entity in relation to transferred employees other than former BCC employees; or (ii) the Brisbane City Council in relation to former BCC employees; and (b) a transferred employee is taken to be an eligible member; and Current as at [Not applicable] Page 255
Not authorised —indicative only Local Government Act 2009 Chapter 9 Other transitional and validation provisions [s 301] (c) if a transferred employee was, immediately before the transfer mentioned in subsection (1), a permanent employee—the transferred employee is taken to continue to be a permanent employee. (4) In this section— former BCC employee means a transferred employee who was transferred to LinkWater from the Brisbane City Council under a transfer notice under the South East Queensland Water (Restructuring) Act 2007 , repealed section 67. LinkWater means the Queensland Bulk Water Transport Authority established under the South East Queensland Water (Restructuring) Act 2007 , section 6. permanent employee means— (a) a permanent employee under section 219; or (b) a BCC permanent employee under the Local Government (Operations) Regulation 2010 , schedule 7. Queensland Bulk Water Supply Authority means the Queensland Bulk Water Supply Authority established under the South East Queensland Water (Restructuring) Act 2007 , section 6. transferred employee means an employee mentioned in subsection (1). Part 6 Transitional provision for Queensland Independent Remuneration Tribunal Act 2013 301 Amendment of regulation does not affect powers of Governor in Council The amendment of the Local Government Regulation 2012 by the Queensland Independent Remuneration Tribunal Act 2013 Page 256 Current as at [Not applicable]
Local Government Act 2009 Chapter 9 Other transitional and validation provisions [s 302] does not affect the power of the Governor in Council to further amend the regulation or to repeal it. Not authorised —indicative only Part 7 Transitional provisions for Local Government and Other Legislation Amendment Act 2013 Division 1 Former corporate entities 302 Exemption from continuation of particular provisions for corporate entities (1) This section applies to a corporate entity mentioned in section 297(1). (2) Despite section 297(3), section 72(1) of the repealed regulation does not prevent a person being both of the following at the same time— (a) a director of the corporate entity; (b) a councillor of a local government. (3) However— (a) no more than 1 director of the corporate entity can be a councillor of a local government; and (b) a person who is both a director of the corporate entity and a councillor of a local government can not be the chairperson or deputy chairperson of the board of the corporate entity. (4) In this section— repealed regulation means the repealed Local Government (Beneficial Enterprises and Business Activities) Regulation 2010 as in force immediately before the commencement of section 297. Current as at [Not applicable] Page 257
Not authorised —indicative only Local Government Act 2009 Chapter 9 Other transitional and validation provisions [s 303] 303 Continuation of particular provisions of other Acts for corporate entities (1) This section applies to a corporate entity mentioned in section 297(1). (2) Each of the relevant Acts, as in force immediately before the commencement of the Local Government and Other Legislation Amendment Act 2012 (the amending Act ), continues to apply in relation to the corporate entity— (a) as if the Act were not amended under the amending Act; and (b) despite any amendment of the Act under the amending Act. (3) In this section— relevant Act means either of the following— (a) the Judicial Review Act 1991 ; (b) the Public Interest Disclosure Act 2010 . Division 2 New local governments Note— See also the Sustainable Planning Act 2009 , chapter 10, part 8, division 2 for other transitional provisions for continuing and new local governments. 304 Definition for div 2 In this division— new local government means each of the following local governments that comes into existence on 1 January 2014— (a) Douglas Shire Council; (b) Livingstone Shire Council; (c) Mareeba Shire Council; Page 258 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 9 Other transitional and validation provisions [s 305] (d) Noosa Shire Council. 305 Meeting to approve budget and levy rates and charges for period ending 30 June 2014 (1) A new local government must, at a meeting of the local government— (a) adopt, by resolution, a budget presented by the mayor, with or without amendment, for the period— (i) starting on 1 January 2014; and (ii) ending on 30 June 2014; and (b) decide, by resolution, what rates and charges are to be levied for the period— (i) starting on 1 January 2014; and (ii) ending on 30 June 2014. (2) The meeting must be held— (a) before 1 February 2014; or (b) on a later day allowed by the Minister. (3) Sections 94(2) and 107A do not apply to a new local government for the 2013-14 financial year. 306 Post-election meeting not required (1) Section 175 does not apply, and is taken to have never applied, to a new local government. (2) However, a new local government must, by resolution, appoint a deputy mayor from its councillors (other than the mayor) at its first meeting after it comes into existence on 1 January 2014. Current as at [Not applicable] Page 259
Local Government Act 2009 Chapter 9 Other transitional and validation provisions [s 307] Part 8 Validation provision for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Not authorised —indicative only 307 Validation of rates charged It is declared that a local government always has had, whether under this Act or a repealed Act, the power to categorise rateable land, and decide differential rates for the rateable land, in the way stated in section 94(1A). Part 9 Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016 308 Definitions for part In this part— amending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016 . former , in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the amending Act. repealed Planning Act means the repealed Sustainable Planning Act 2009 . 309 Entry under existing application, permit or notice (1) This section applies to an application, permit or notice— (a) mentioned in former section 132; and Page 260 Current as at [Not applicable]
Local Government Act 2009 Chapter 9 Other transitional and validation provisions [s 310] (b) made or given under the repealed Planning Act. (2) Former section 132 continues to apply in relation to the application, permit or notice as if the amending Act had not been enacted and the repealed Planning Act had not been repealed. Not authorised —indicative only 310 Existing remedial notice (1) This section applies to a remedial notice— (a) given under former section 138AA; and (b) requiring an owner or occupier of a property to take action under the repealed Planning Act. (2) The remedial notice continues to have effect as if the amending Act had not been enacted and the repealed Planning Act had not been repealed. 311 Existing inside information (1) This section applies to information about any of the following ( existing inside information ) that, immediately before the commencement, was inside information, in relation to a local government, for former section 171A— (a) the exercise of a power under the repealed Planning Act by the local government, a councillor or a local government employee; (b) a decision, or proposed decision, under the repealed Planning Act of the local government or any of its committees; (c) the exercise of a power under the repealed Planning Act by the State, a Minister, a statutory body or an employee of the State or statutory body, that affects the local government, any of its corporate entities or land or infrastructure within the local government’s area; (d) any legal or financial advice about the repealed Planning Act created for the local government, any of its committees or any of its corporate entities. Current as at [Not applicable] Page 261
Local Government Act 2009 Chapter 9 Other transitional and validation provisions [s 312] (2) Former section 171A continues to apply in relation to the existing inside information as if the amending Act had not been enacted and the repealed Planning Act had not been repealed. Not authorised —indicative only 312 Existing unpaid fine—where fine to be paid to (1) This section applies to a fine mentioned in former section 246 that— (a) is unpaid; and (b) was imposed in proceedings brought by a local government for an offence against the repealed Planning Act. (2) Former section 246(2) continues to apply in relation to the fine as if the amending Act had not been enacted and the repealed Planning Act had not been repealed. Part 10 Transitional provisions for Revenue and Other Legislation Amendment Act 2016 313 Change in name of board and scheme (1) To remove any doubt, it is declared that— (a) the amendment of section 208 by the Revenue and Other Legislation Amendment Act 2016 has effect only to change the name of the board mentioned in the section and does not establish a new board; and (b) the amendment of section 217 by the Revenue and Other Legislation Amendment Act 2016 has effect only to change the name of the superannuation scheme mentioned in the section and does not establish a new superannuation scheme. (2) From the commencement, if the context permits— Page 262 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Chapter 9 Other transitional and validation provisions [s 314] (a) a reference in a document to the Queensland Local Government Superannuation Board under the 1993 Act or this Act is taken to be a reference to LGIAsuper Trustee; and (b) a reference in a document to the Local Government Superannuation Scheme under the 1993 Act or this Act, or to the LG super scheme, is taken to be a reference to LGIAsuper; and (c) a reference in an industrial instrument to City Super or the Brisbane City Council Superannuation Plan is taken to be a reference to LGIAsuper. 314 Existing membership and entitlements (1) The amendment of this Act by the Revenue and Other Legislation Amendment Act 2016 does not affect— (a) the membership of a current member; or (b) any entitlement the member accrued under this Act before the commencement. (2) In this section— current member means a person who, immediately before the commencement, was a member of LGIAsuper. Current as at [Not applicable] Page 263
Local Government Act 2009 Schedule 4 Schedule 4 Dictionary Not authorised —indicative only section 6 1936 Act means the repealed Local Government Act 1936 . 1993 Act means the repealed Local Government Act 1993 . adopt , by a local government, means adopt by resolution of the local government. advisor see section 117. ancillary works and encroachments means— (a) cellars; or (b) gates; or (c) temporary rock anchors for building support; or (d) ancillary works and encroachments under the Transport Infrastructure Act. anti-competitive provision means a provision that a regulation identifies as creating barriers to— (a) entry to a market; or (b) competition within a market. appropriately qualified , in relation to a delegated power, includes having the qualifications, experience or standing to exercise the power. Example of standing— a person’s classification level in the public service approved form see section 266. approved inspection program see section 133(2). auditor-general means the Queensland Auditor-General under the Auditor-General Act 2009 . authorised officer means a person who holds office under section 204D. Page 264 Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Schedule 4 authorised person means a person who holds office under section 202. beginning of the local government’s term see section 161(3). beneficial enterprise see section 39. Building Act means the Building Act 1975 . building certifying activity see section 47(4). building unit means a lot under— (a) the Body Corporate and Community Management Act 1997 ; or (b) the Building Units and Group Titles Act 1980 ; or (c) the Integrated Resort Development Act 1987 ; or (d) the Mixed Use Development Act 1993 ; or (e) another Act prescribed under a regulation. business activity , of a local government, means trading in goods and services by the local government. business unit , of a local government, is a part of the local government that conducts a business activity of the local government. caretaker period , for a local government, see section 90A(1). cause detriment to a local government — 1 To cause detriment to a local government includes— (a) to sabotage a lawful process of the council (including adopting a budget or conducting a tender process, for example); or (b) to cause the council to suffer a loss in its lawful performance of a function or commercial activity (including the loss of a future contractual arrangement, for example). 2 To cause detriment to a local government does not include— (a) merely embarrassing the council; or Current as at [Not applicable] Page 265
Local Government Act 2009 Schedule 4 Not authorised —indicative only Page 266 (b) merely causing disagreement between councillors. CCC means the Crime and Corruption Commission. change commission see section 22. charges includes any interest accrued, or premium owing, on the charges. chief executive officer means a person who holds an appointment under section 194. chosen fund , for chapter 7, part 2, see section 216A. code of competitive conduct see section 47. commercialisation , of a significant business activity, see section 44(2). Commonwealth Super Act means the Superannuation Industry (Supervision) Act 1993 (Cwlth). community forum see section 87(2). component local government see section 25A(4). conclusion , of the election of a councillor, see the Local Government Electoral Act, section 7. conflict of interest see section 175D. consolidated version , of a local law, see section 32. contractor , of a local government, means— (a) a person who provides services under a contract with the local government; or (b) a person prescribed under a regulation. conviction includes a finding of guilt, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded. cost-recovery fee see section 97(2). councillor , of a local government, includes the mayor. court means a court of competent jurisdiction. Crime and Corruption Act means the Crime and Corruption Act 2001 . Current as at [Not applicable]
Local Government Act 2009 Schedule 4 Not authorised —indicative only criminal history , of a person, means all convictions, other than spent convictions, recorded against the person for offences, in Queensland or elsewhere, whether before or after the commencement of this Act. defined benefit category , for chapter 7, part 2, see section 216A. defined benefit member , for chapter 7, part 2, see section 216A. department’s chief executive means the chief executive of the department. deputy electoral commissioner means the deputy electoral commissioner under the Electoral Act. distribute a how-to-vote card— (a) includes make the card available to other persons; but (b) does not include merely display the card. Examples— 1 A person distributes how-to-vote cards if the person hands the cards to other persons or leaves them at a place for other persons to take away. 2 A person does not distribute how-to-vote cards if the person attaches the cards to walls and other structures, merely for display. division , of a local government area, see section 8(3). elect includes re-elect. elector means a person entitled to vote in an election of councillors. Electoral Act means the Electoral Act 1992 . electoral commission means the Electoral Commission of Queensland under the Electoral Act. electoral commissioner means the electoral commissioner under the Electoral Act. encumbrance includes any of the following that affects land— (a) a mortgage, lien or charge; Current as at [Not applicable] Page 267
Local Government Act 2009 Schedule 4 Not authorised —indicative only Page 268 (b) a caveat; (c) an agreement; (d) a judgment, writ or process; (e) an interest adverse to the interest of the land’s owner; but does not include an easement. establish , a superannuation scheme, includes join in establishing a superannuation scheme. expired conviction means a conviction— (a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired; and (b) that is not revived as prescribed by section 11 of that Act. final part of the local government’s term see section 161(5). financial controller see section 118. Forestry Act means the Forestry Act 1959 . fresh election means an election of all the councillors of a local government that is not a quadrennial election. full cost pricing , of a significant business activity, see section 44(3). full-time government job see section 168(3). fund , for chapter 7, part 2, see section 216A. government entity has the same meaning as in the Government Owned Corporations Act 1993 . grants commission see section 228(1). home includes— (a) a room in a boarding house; and (b) a caravan; and (c) a manufactured home within the meaning of the Manufactured Homes (Residential Parks) Act 2003 , section 10. Current as at [Not applicable]
Local Government Act 2009 Schedule 4 Not authorised —indicative only Housing Act contract means a contract of sale— (a) that was entered into under— (i) the State Housing Act 1945 , section 24, before the repeal of that Act; or (ii) the Housing Act 2003 , section 113; or (b) under which— (i) the purchase price, other than the deposit, is payable in 2 or more instalments; or (ii) the sale is of a share in a house and land. how-to-vote card see the Local Government Electoral Act, schedule. identity card of a person means a card that— (a) identifies the person as an authorised person, local government worker or authorised officer; and (b) contains a recent photo of the person; and (c) contains a copy of the person’s signature; and (d) states the expiry date for the identity card. inappropriate conduct see section 176(4). indigenous local government means— (a) the local government for the following local government areas— • Cherbourg • Doomadgee • Hope Vale • Kowanyama • Lockhart River • Mapoon • Napranum • Palm Island • Pormpuraaw Current as at [Not applicable] Page 269
Not authorised —indicative only Local Government Act 2009 Schedule 4 • Woorabinda • Wujal Wujal • Yarrabah; or (b) an indigenous regional council. indigenous regional council means— (a) the Northern Peninsula Area Regional Council; or (b) the Torres Strait Island Regional Council; or (c) an indigenous regional council prescribed under a regulation. industrial instrument means an industrial instrument under the Industrial Relations Act. Industrial Relations Act means the Industrial Relations Act 2016 . interim administrator means a person appointed by the Governor in Council under section 123 to act in place of the councillors of a local government. interim local law see section 26(4). investigator see section 212(2). joint government activity see section 10(2). joint local government see section 25A(2). joint local government area see section 25A(3). judicial review is a review under the Judicial Review Act. Judicial Review Act is the Judicial Review Act 1991 . land includes— (a) freehold land; and (b) land held from the State for a leasehold interest; and (c) a mining claim. Land Act means the Land Act 1994 . Land Title Act means the Land Title Act 1994 . Page 270 Current as at [Not applicable]
Local Government Act 2009 Schedule 4 Not authorised —indicative only LGIAsuper means the superannuation scheme continued in existence under section 217. LGIAsuper Trustee means the board continued in existence under section 208. local government — (a) for chapter 7, part 2—see section 216A; or (b) generally—see section 8(1). Local Government Act means a law under which a local government performs the local government’s responsibilities, including for example— (a) this Act; and (b) a local law; and (c) the Building Act; and (d) the Planning Act; and (e) a planning scheme; and (f) the Plumbing and Drainage Act; and (g) the Water Act 2000 ; and (h) the Water Supply (Safety and Reliability) Act 2008 . local government area see section 8(2). local government change see section 17(2). Local Government Electoral Act means the Local Government Electoral Act 2011 . local government employee means— (a) the chief executive officer; or (b) a person holding an appointment under section 196. local government entity , for chapter 7, part 2, see section 216A. Local Government (Financial Assistance) Act means the Local Government (Financial Assistance) Act 1995 (Cwlth). local government principles means the principles expressed in the form of outcomes set out in section 4(2). Current as at [Not applicable] Page 271
Local Government Act 2009 Schedule 4 Not authorised —indicative only Page 272 local government worker see section 138(4). local law see section 26(2). major policy decision , for a local government, means a decision— (a) about the appointment of a chief executive officer of the local government; or (b) about the remuneration of the chief executive officer of the local government; or (c) to terminate the employment of the chief executive officer of the local government; or (d) to enter into a contract the total value of which is more than the greater of the following— (i) $200,000; (ii) 1% of the local government’s net rate and utility charges as stated in the local government’s audited financial statements included in the local government’s most recently adopted annual report. material personal interest see section 175B. middle of the local government’s term see section 161(4). mining claim means a mining claim to which the Mineral Resources Act 1989 applies. misconduct see section 176(3). model local law see section 26(8). National Competition Policy Agreements means the following agreements (made between the Commonwealth and the States on 11 April 1995), as in force for the time being— (a) the Conduct Code Agreement; (b) the Competition Principles Agreement; (c) the Agreement to Implement National Competition Policy and Related Reforms. notice of intention to acquire land see section 61(2). occupier , of property, see section 125(6). Current as at [Not applicable]
Local Government Act 2009 Schedule 4 Not authorised —indicative only ordinary business matter means— (a) the remuneration of councillors or members of a local government committee; or (b) the provision of superannuation entitlements or accident insurance for councillors or local government employees; or (c) the terms on which goods, services or facilities are to be offered by the local government for use or enjoyment of the public in the local government area; or (d) the making or levying of rates and charges, or the fixing of a cost-recovery fee, by the local government; or (e) a planning scheme, or amendment of a planning scheme, for the local government area; or (f) a resolution required for the adoption of a budget for the local government; or (g) a matter that is of interest to a person merely as— (i) an employee of the State or a government entity; or (ii) an elector, ratepayer or resident of the local government area; or (iii) a beneficiary under a policy of accident insurance, public liability or professional indemnity insurance held, or to be held, by the local government; or (iv) a user of goods, services or facilities supplied, or to be supplied, by the local government (whether under a contract or otherwise) as a member of the public in common with other members of the public; or (v) a candidate for election or appointment as a mayor, deputy mayor or member of a committee of the local government; or (vi) a member of a non-profit, charitable or religious organisation involving no personal financial gain or loss to the person. overall State interest is— Current as at [Not applicable] Page 273
Not authorised —indicative only Local Government Act 2009 Schedule 4 (a) an interest that the Minister considers affects the economic, environmental or social interest of all or part of the State; or (b) an interest that the Minister considers affects the interest of ensuring there is an accountable, effective, and efficient system of local government; or (c) an interest prescribed under a regulation. owner of land— (a) means— (i) a registered proprietor of freehold land; or (ii) a purchaser of freehold land from the State under an Act; or (iii) a purchaser of land under a Housing Act contract; or (iv) a person who has a share in land that the person bought under a Housing Act contract; or (v) a lessee of land held from the State, and a manager, overseer or superintendent of the lessee who lives on the land; or (vi) the holder of a mining claim or lease; or (vii) the holder of land mentioned in the Mineral Resources Act 1989 , schedule 2, definition owner ; or (viii) a lessee of land under any of the following Acts— • the Geothermal Energy Act 2010 • the Greenhouse Gas Storage Act 2009 • the Petroleum Act 1923 • the Petroleum and Gas (Production and Safety) Act 2004 ; or (ix) a lessee of land held from a government entity or local government; or Page 274 Current as at [Not applicable]
Local Government Act 2009 Schedule 4 Not authorised —indicative only (x) the holder of an occupation permit or stock grazing permit under the Forestry Act or of a permit prescribed under a regulation; or (xi) the holder of a permission to occupy from the chief executive of the department responsible for the administration of the Forestry Act; or (xii) the holder of a permit to occupy under the Land Act; or (xiii) a licensee under the Land Act; or (xiv) for land on which there is a structure subject to a time share scheme—the person notified to the local government concerned as the person responsible for the administration of the scheme as between the participants in the scheme; or (xv) another person who is entitled to receive rent for the land; or (xvi) another person who would be entitled to receive rent for the land if it were leased at a full commercial rent; but (b) does not include the State, or a government entity, except as far as the State or government entity is liable under an Act to pay rates. perceived conflict of interest see section 175E(1)(c)(ii). permanent employee , for chapter 7, part 2, see— (a) for a local government (other than the Brisbane City Council) or a local government entity—section 216B; or (b) for the Brisbane City Council—section 216C. Planning Act means the Planning Act 2016 . planning scheme means a planning scheme under the Planning Act. Plumbing and Drainage Act means the Plumbing and Drainage Act 2002 . police commissioner means the commissioner of the police service under the Police Service Administration Act 1990 . Current as at [Not applicable] Page 275
Not authorised —indicative only Local Government Act 2009 Schedule 4 political party means an organisation registered as a political party under the Electoral Act. preliminary assessment see section 176B(4). private property see section 125(4). private sector means an entity that is not— (a) the Commonwealth or a State; or (b) a State authority; or (c) a local government. property means land, any structure on the land, and a vehicle. public office , of a local government, see section 261. public place , for chapter 5, part 2, division 1, see section 125(5). public thoroughfare easement is an easement created under— (a) the Land Act, chapter 6, part 4, division 8; or (b) the Land Title Act, part 6, division 4. public utilities means— (a) works for the supply of drainage, electricity, gas, sewerage, telecommunications or water; or (b) works for an infrastructure corridor under the State Development and Public Works Organisation Act 1971 , section 82; or (c) works for a purpose mentioned in the State Development and Public Works Organisation Act 1971 , section 125; or (d) other works that is declared under a regulation to be a public utility. quadrennial election means the election for local governments that is held in 2012, and every fourth year after 2012. rateable land see section 93(2). Page 276 Current as at [Not applicable]
Local Government Act 2009 Schedule 4 Not authorised —indicative only rates includes any interest accrued, or premium owing, on the rates. real conflict of interest see section 175E(1)(c)(i). reasonable entry notice see section 138AA(3). reasonable proportion of electors see section 15(2). regional conduct review panel see section 176(6). registered officer , of a political party, means the registered officer of the political party under the Electoral Act. registrar of titles means the public authority responsible for registering title to land and dealings affecting land. regulated pool see the Building Act, section 231B. relevant fund , for chapter 7, part 2, see section 216A. relevant trustee , for chapter 7, part 2, see section 216A. remedial action see section 113(2). remedial notice see section 138AA(1). remuneration category means a remuneration category prescribed under a regulation. resolution , of a local government, means the formal decision of the local government at a local government meeting. responsibility includes a function. reward does not include— (a) a councillor’s remuneration as a councillor; or (b) an amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of section 32A of that Act; or (c) reasonable expenses actually incurred for any 1 or more of the following— (i) accommodation; (ii) meals; (iii) domestic air travel; Current as at [Not applicable] Page 277
Local Government Act 2009 Schedule 4 Not authorised —indicative only Page 278 (iv) taxi fares or public transport charges; (v) motor vehicle hire; or (d) an amount paid as a pension or otherwise for past service in a full-time government job. road see section 59(2). roads activity see section 47(5). sanitary drain — (a) means a drain that is immediately connected to, and used to carry discharges from, a soil or waste pipe; but (b) does not include a pipe that is a part of a drain for carrying off effluent from a property after treatment in an on-site sewerage facility. senior executive employee , of a local government, see section 196(6). sewerage treatment system means the infrastructure used to receive, transport and treat sewage or effluent (including sewers, access chambers, machinery, outfalls, pumps, structures and vents, for example). sign , a thing, includes the making of a mark on the thing in front of someone else who signs the thing as witness. significant business activity see section 43(4). spent conviction means a conviction— (a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired; and (b) that is not revived as prescribed by section 11 of that Act. standing committee , of a local government, means a committee of its councillors that meets to discuss the topic decided by the local government when establishing the committee. State-controlled road has the meaning given in the Transport Infrastructure Act. Current as at [Not applicable]
Not authorised —indicative only Local Government Act 2009 Schedule 4 State office , of the department, means the office of the department at the address prescribed under a regulation. Statutory Bodies Financial Arrangements Act means the Statutory Bodies Financial Arrangements Act 1982 . stormwater drain see section 76(2). stormwater installation see section 76(3). structure means anything that is built or constructed, whether or not it is attached to land. superannuation contributions , for chapter 7, part 2, see section 216A. subordinate local law see section 26(5). sustainable development is development that is designed to meet present needs while also taking into account future costs (including costs to the environment and the depletion of natural resources, for example). time share scheme , for a structure, means a scheme that is to operate for at least 3 years during which time the participants in the scheme are, or may become, entitled to use, occupy or possess the structure, or part of the structure, for 2 or more periods. Transport Infrastructure Act means the Transport Infrastructure Act 1994 . tribunal see section 183. trust deed means a trust deed made by LGIAsuper Trustee. trustee council see section 82(2). trust land see section 82(3). Current as at [Not applicable] Page 279