{"id":"nsw:act-2019-006","name":"Local Government Amendment Act 2019","slug":"local-government-amendment-act-2019","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"6 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29123,"registerId":"nsw-act-2019-006-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Local Government Amendment Act 2019](/view/html/inforce/current/act-2019-006).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This Act commences on the date of assent to this Act, except as provided by subsection (2).\n> \n> > (2) Schedule 1 \\[4\\], \\[15\\]–\\[20\\] and Schedule 2.2 commence on a day or days to be appointed by proclamation.","sortOrder":1},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Amendment of Local Government Act 1993 No 30","content":"# Schedule 1 Amendment of Local Government Act 1993 No 30\n\nSchedule 1 Amendment of [Local Government Act 1993 No 30](/view/html/inforce/current/act-1993-030)\n\n**sch 1:** Am 1987 (No 15), sec 30C.","sortOrder":2},{"sectionNumber":"14","sectionType":"section","heading":null,"content":"#### 14\n\n\\[1\\]–\\[14\\] (Repealed)","sortOrder":3},{"sectionNumber":"15","sectionType":"section","heading":"Section 379 Delegation of regulatory functions","content":"#### 15 Section 379 Delegation of regulatory functions\n\n\\[15\\] Section 379 Delegation of regulatory functions\n\n> Insert at the end of section 379 (1) (d)—\n> \n> > > , or\n> > \n> > > (e) another council.","sortOrder":4},{"sectionNumber":"16","sectionType":"section","heading":"Section 379 (2B)–(2D)","content":"#### 16 Section 379 (2B)–(2D)\n\n\\[16\\] Section 379 (2B)–(2D)\n\n> Insert after section 379 (2A)—\n> \n> > > (2B) A council may delegate a regulatory function to another council only with the approval, by resolution, of the other council.\n> > \n> > > (2C) The regulations may prescribe regulatory functions that must not be delegated by a council to another council under this section or limit the circumstances in which a regulatory function may be delegated by a council to another council under this section.\n> > \n> > > (2D) A council may delegate a regulatory function to a joint organisation under a provision of this section whether or not the council is a member council of the joint organisation.","sortOrder":5},{"sectionNumber":"17","sectionType":"section","heading":"Section 379 (3) (c)","content":"#### 17 Section 379 (3) (c)\n\n\\[17\\] Section 379 (3) (c)\n\n> Insert “a committee of the board of the joint organisation or” before “the executive officer” where firstly occurring.","sortOrder":6},{"sectionNumber":"18","sectionType":"section","heading":"Section 379 (3) (d)","content":"#### 18 Section 379 (3) (d)\n\n\\[18\\] Section 379 (3) (d)\n\n> Insert at the end of section 379 (3) (c)—\n> \n> > > , or\n> > \n> > > (d) a regulatory function is delegated to another council, the function may be delegated to—\n> > > \n> > > > (i) a committee of the other council of which all the members are councillors or of which all the members are either councillors or employees of the other council, or\n> > > \n> > > > (ii) the general manager of the other council and by the general manager to an employee of the other council.","sortOrder":7},{"sectionNumber":"19","sectionType":"section","heading":"Chapter 15, Part 10, Division 5","content":"#### 19 Chapter 15, Part 10, Division 5\n\n\\[19\\] Chapter 15, Part 10, Division 5\n\n> Insert after Division 4 of Part 10 of Chapter 15—","sortOrder":8},{"sectionNumber":"Division 5","sectionType":"division","heading":"Exemption from regulatory requirements for fees","content":"## Division 5 Exemption from regulatory requirements for fees\n\nDivision 5 Exemption from regulatory requirements for fees","sortOrder":9},{"sectionNumber":"20","sectionType":"section","heading":null,"content":"#### 20\n\n\\[20\\], \\[21\\] (Repealed)","sortOrder":11},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Rep 1987 (No 15), sec 30C.","sortOrder":12}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the scope of this Act changed from its original intent. The document contains only website navigation elements, status metadata, and publishing information — not the actual legislative provisions needed to make this determination."},"complexity_factors":["Only metadata and website navigation content was provided — the substantive legal text of the amendments is absent, making meaningful legal analysis impossible","The Act references phased commencement (only some provisions have commenced), which adds a layer of complexity in understanding what is currently in force","Being an amending Act, its effect can only be understood by cross-referencing the principal Local Government Act 1993, which is a lengthy and complex piece of legislation","Multiple point-in-time versions exist (2019 and 2025), suggesting the Act has been amended or updated after passage"],"plain_english_summary":"This is a New South Wales amending law (Local Government Amendment Act 2019, No. 6/2019) that alters the Local Government Act 1993. The provided document contains only website metadata, not the substantive amendment text, so the specific legal changes aren’t shown.\n\nIt took effect from 25 June 2019, has a current version from 6 September 2025, only some provisions have commenced, and it primarily affects NSW councils, councillors, council staff and residents."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act expands the scope of delegation under the Local Government Act by authorising delegations to other councils and to joint organisations and by specifying additional delegate classes (committees, general managers) (s379 amendments — [15]–[18]). It also adds a new regulation-making power to exempt certain commercial fees from notification and pricing‑methodology requirements and to validate previously charged fees (Division 5 / s612 — [19]), thereby enlarging executive discretion over fee regulation."},"complexity_factors":["New inter-council delegation pathway requires approval by the receiving council (s379(2B) — [16]) which creates bilateral decision-making and coordination needs.","Regulatory rule‑making may prohibit or limit delegations for particular functions (s379(2C) — [16]), giving broad executive discretion to define boundaries.","Delegations to joint organisations are allowed irrespective of membership status (s379(2D) — [16]), creating cross‑institutional governance questions.","Expanded delegation recipients include a committee of a joint organisation, committees of another council, the other council's general manager and employees (s379(3)(c)–(d) — [17], [18]), increasing layers of delegation and supervisory complexity.","Regulations may exempt commercial fees from statutory public‑notification and pricing‑methodology requirements, and may condition or validate past fees (regulation power s612 — [19]), introducing retrospective validation and legal‑certainty risks.","Implementation depends heavily on delegated regulations (scope/conditions of exemptions and prohibited delegations are left to regulations) which concentrates important detail outside the Act (s379(2C); s612 — [16], [19]).","Administrative and compliance burden shifts: councils must secure other councils' resolutions, draft inter‑council arrangements, and record delegated authority paths (s379(2B), s379(3)(d) — [16], [18]).","Potential for substitution effects and concentrated benefits: selective fee exemptions (s612(1)–(3) — [19]) can reduce transparency for some commercial activities while benefiting those specific activities."],"plain_english_summary":"This Act allows councils to delegate regulatory functions to other councils and to joint organisations, adds an approval requirement for the receiving council, and expands who may exercise delegated powers (committees, general managers). It also permits regulations to exempt specified commercial fees from public-notification and pricing-methodology rules and to validate fees charged before the exemption. It affects councils, joint organisations, council officers, and people or businesses who pay council fees because it shifts who decides and how fees may be set and exposed."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: enabling inter-council delegation of regulatory functions and providing fee-setting flexibility for commercial activities. No scope creep detected."},"complexity_factors":["Short amendment Act with only 2 substantive provisions (delegation expansion and fee exemption)","Minimal cross-referencing—only amends specific sections of the Local Government Act 1993","Straightforward conditional logic: delegation to another council requires resolution approval; regulations may prescribe limits","No nested exceptions or complex defined terms within this Act itself (relies on definitions in parent Act)","Retrospective validation provision (s 612(3)) adds slight complexity but is clearly drafted","Schedule 1 [1]-[14] and [20]-[21] repealed, Schedule 2 repealed—indicates significant redrafting/clean-up during passage, leaving only targeted amendments"],"plain_english_summary":"This law makes changes to the **Local Government Act 1993** (the main law governing how NSW councils operate).\n\n**What it does:**\n\n*   **Lets councils share regulatory work:** Councils can now delegate (hand over) their regulatory functions—things like building inspections, food safety checks, or parking enforcement—to **other councils**, not just to their own staff or joint organisations. Previously, a council could only delegate to its own committees, employees, or joint organisations. Now Council A can ask Council B to handle certain regulatory tasks on its behalf.\n\n*   **Adds safeguards for cross-council delegation:**\n    *   The other council must agree by a formal vote (resolution).\n    *   The government can make regulations banning certain functions from being delegated this way, or setting limits on when it can happen.\n    *   If Council A delegates to Council B, Council B can then sub-delegate that work to its own committees or staff.\n    *   A council can delegate to a joint organisation even if it's not a member of that organisation.\n\n*   **Creates exemptions for commercial fees:** The law allows regulations to exempt certain council fees—specifically those tied to **commercial activities**—from the usual rules about public consultation and pricing methodologies. This means councils can set some commercial fees (like hire fees for facilities) without going through the full public notification process normally required. The law also allows these exemptions to apply retrospectively, validating fees that were already charged.\n\n**Who it affects:**\n\n*   **Local councils in NSW**—they get more flexibility to share regulatory resources and manage commercial operations.\n*   **Ratepayers and businesses**—they may see councils outsourcing regulatory functions to neighbouring councils, and potentially different fee-setting approaches for commercial services.\n\n**Why it matters:**\n\nThis is about **efficiency and flexibility**. Smaller councils can tap into the expertise of larger neighbours instead of maintaining expensive in-house teams for every regulatory function. The commercial fees exemption recognises that councils operate businesses (like leisure centres or venues) where rigid public pricing rules don't make commercial sense."}},"importantCases":[],"_links":{"self":"/api/acts/local-government-amendment-act-2019","history":"/api/acts/local-government-amendment-act-2019/history","analysis":"/api/acts/local-government-amendment-act-2019/analysis","conflicts":"/api/acts/local-government-amendment-act-2019/conflicts","importantCases":"/api/acts/local-government-amendment-act-2019/important-cases","documents":"/api/acts/local-government-amendment-act-2019/documents"}}