Departmental Circular 3 2019
As a result of consultation
undertaken as part of phase one of the review, the Local Government
Legislation Amendment Bill 2019 was drafted. I am pleased to advise that
the Bill passed the Legislative Assembly on Wednesday, 10 April 2019,
and was read into the Legislative Council on Thursday, 11 April 2019.
the Bill makes a number of amendments to the LG Act and other pieces of
legislation administered by the Minister for Local Government, there
are some changes which will require local governments to commence
activities to prepare for when the Bill passes.
Bill includes reforms to enable local governments to be more efficient
and flexible while ensuring that the community and other stakeholders
have greater access to information held by the local government.
Bill introduces the requirement for information that is currently made
available at the local government office during business hours, to be
available on the local government’s website. Some additional information
will also need to be made available for inspection and on the local
government’s website (see attachment A for details).
governments will no longer be required to make available the CEOs
employment contract. There is also no requirement for the rate record or
electoral roll to be published on the website.
amendments will require real time reporting and posting of information
on the local government’s website, for example the gifts register. This
has been referred to in the Bill as an ‘up-to-date version’, and local
governments will be required to post an updated version of the document
or register on their website as soon as practicable after it has been
requirements for the publication of local and State-wide notices is
being removed from the LG Act and will be included in regulations. This
will enable the flexibility to adapt to changes in technology in the
future.A local public notice will require a notice to be published
on the local government’s official website and via at least three of the
state-wide notice will require local governments to publish the notice
in a newspaper that circulates throughout the State, in addition to the
requirements of a local public notice.
a local government has the power to appoint persons to exercise powers
under a number of pieces of legislation, including the LG Act. A valid
appointment must be in writing and the person appointed provided with a
The requirement to issue a certificate is no
longer considered the best practice method for establishing a person’s
identity or authority to exercise enforcement or other powers.
Bill introduces a change to the appointment process so that when a
local government appoints an authorised person under the LG Act, they
must issue an identity card with the following:
detailed appointment certificate which lists each piece of legislation
and the relevant section or regulation numbers will still need to be
signed by the CEO and retained by the local government.
Transitional arrangements will ensure that current appointments remain valid.
Bill contains a number of other changes, including the introduction of
mandatory training for council members, a model code of conduct for
council members and a new framework for council members and CEOs
I encourage you to review the Bill and Explanatory Memorandum, which is available on the Parliament’s website.
For further information, please contact the Strategic Initiatives team via email at email@example.com.
Duncan Ord OAMDIRECTOR GENERAL18 April 2019
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