17 November 2010 Issue 108
Next Wave of Accountability Amendments Commence
The third wave of changes to the Local Government Act 1999 (SA) (the Act) commenced on 15 November 2010. New regulations (in the form of the Local Government (General) Variation Regulations 2010 (SA) (the Regulations)) will also commence on that date, to give effect to the new provisions.
The Local Government (Accountability Framework) Amendment Act 2009 (SA), which passed State Parliament in December last year, is continuing to be phased into operation. The first group of amendments took effect on 8 April 2010, while the second group of amendments took effect 1 July 2010 (see our April and July Brieflys respectively, for more information).
Summarised below are the next tranche of amendments to come into force. These affect councils rates and service charges, removing abandoned vehicles, and other requirements under the Act dealt with below.
Section 4(1) – Interpretation
The Act will now provide for a definition of ‘CPI’. Where it appears in the Act, a reference to CPI will be a reference to the Consumer Price Index (All Groups Index for Adelaide) published by the Australian Bureau of Statistics.
Implications for councils
This will clarify any uncertainty in the application of the Act related to the proper interpretation of the Consumer Price Index.
Section 155(2a) – Service Rates and Service Charges
Provides for the insertion of a new subsection, which allows regulations to prescribe the circumstances in which services rates and charges will not apply. The Regulations prevent councils from imposing service rates and charges for prescribed services (including water provision and treatment, waste water disposal or treatment, and the provision of television services) where those services are not made use of at the land and the land constitutes one of a number of Crown, wilderness protection or conservation uses. Councils are still able to enter into contractual arrangements with land owners or occupiers to enable the provision of prescribed services on a fee-for-service basis.
Implications for councils
Will prohibit the charging of service rates and charges on those matters prescribed by regulation and may lower potential rate revenue sources for councils, unless fee-for-service arrangements can adequately cover any revenue gap created.
Section 237 – Removal of Vehicles
Further notice, time periods, methods of service of notices and a more onerous disposal process have been added. Vehicles must now be left on public roads or public places for at least 48 hours before they can be removed. Councils must wait one month after the publication or service of a notice under the Section, before attempting to sell any impounded vehicles.
The Regulations prescribe new forms 7A and 7B, for use in conjunction with the removal process.
Implications for councils
Specifies a longer and more complex procedure that councils will be required to comply with when dealing with vehicles left on public roads or public places. The amendments require the implementation of a warning notice procedure, which was not previously prescribed in the Act.
The charges largely accord with the with LGA’s current standard Operating Procedure for Removal of Vehicles, and the procedure will be updated following commencement of the regulations.
Section 302 – Application to Crown
New subsection inserted to specify that Chapter 10 of the Act (rates and charges) binds the Crown.
Implications for councils
There has been some doubt cast about ability of councils to apply rates and service charges to land owned or held by the Crown. The new subsection does not alter the status quo, but clarifies that, subject to the relevant exceptions, the provisions of Chapter 10 of the Act do apply to the Crown.
Inserted to require each council to ensure a member of staff is designated as a responsible officer for the purpose of the Whistleblowers Protection Act 1993 (SA).
Implications for councils
Councils must ensure the responsible officer meets the criteria prescribed by the Regulations. These will be set by the Minister and are likely to include a relevant qualification, and the person being of sound judgment, having investigative skills, integrity, communication skills, diplomacy and objectivity.
Schedule 3 – Clause 2(b) – Register of Interest – Form of Returns
Inserted to require elected member ordinary and primary returns to contain the name and address of the elected member’s employer and the name of the office or place, or a description of the nature of the work.
Implications for councils
Elected members are now required to provide additional information related to the location and nature of their employment, in both their primary and ordinary returns.
Additional new regulations, which also commenced on 15 November 2010:
- clarify that councils may recover half of the costs associated with the appointment of a ‘conciliator’ under section 271 of the Act; and
- require a council’s annual report to specify the number of confidentiality orders made by the Council and each Section 41 Committee.
For further information on any of the material contained in this Briefly, or to discuss prior amendments to the Act contained in the Local Government (Accountability Framework) Amendment Act 2009 (SA), please contact Kate Oliver on 8210 1226 or koliver@normans.com.au or George Karzis on 8210 1217 or gkarzis@normans.com.au.
If you find the information in this article useful, please feel free to forward it to someone at your council.
Team Members:
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