{"id":"tas:sr-2024-033","name":"Local Government (Appointment and Performance of General Managers) Order 2024","slug":"local-government-appointment-and-performance-of-general-managers-order-2024","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"33 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174575,"registerId":"tas-sr-2024-033-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Local Government (Appointment and Performance of General Managers) Order 2024](/view/html/inforce/2026-04-12/sr-2024-033) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day on which its making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this order –\n> > \n> > > ***Act*** means the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) ;\n> \n> > (2)  The [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) applies to the interpretation of this order as if it were by-laws.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Principles governing selection of general managers","content":"### 4 Principles governing selection of general managers\n\n> For the purposes of [section 61A(1)(a)](/view/html/inforce/2026-04-12/act-1993-095#GS61A@Gs1@Hpa@EN) of the Act, the following principles governing the selection of a general manager are specified:\n> \n> > > (a) the principles of integrity, accountability and transparency;\n> > \n> > > (b) all applicants are to be treated fairly and equitably, without discrimination;\n> > \n> > > (c) all participants in the selection process are to manage any conflict of interest so as to ensure the integrity, accountability and transparency of the selection process.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Matters to be taken into account by councils when selecting, or reappointing, general managers","content":"### 5 Matters to be taken into account by councils when selecting, or reappointing, general managers\n\n> For the purposes of [section 61A(1)(b)](/view/html/inforce/2026-04-12/act-1993-095#GS61A@Gs1@Hpb@EN) of the Act, the following matters, and classes of matters, that are to be taken into account when a council is selecting, or reappointing, a general manager are specified:\n> \n> > > (a) the content of the role description for the position of general manager and whether or not the role description requires updating;\n> > \n> > > (b) the content of the selection criteria for the position of general manager and whether or not the selection criteria require updating;\n> > \n> > > (c) the recommendations of the selection panel appointed for the purposes of selecting a general manager;\n> > \n> > > (d) if a council is reappointing a general manager, the content of the general manager’s most recent performance assessment.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Procedures to be followed by councils when appointing general managers","content":"### 6 Procedures to be followed by councils when appointing general managers\n\n> > (1)  In this clause –\n> > \n> > > ***relevant person*** means the following persons:\n> > > \n> > > > > (a) a person engaged by a council under [subclause (2)(c)](#GS6@Gs2@Hpc@EN) who is not also a selection panel member;\n> > > > \n> > > > > (b) a person providing administrative assistance to –\n> > > > > \n> > > > > > > (i) selection panel members; or\n> > > > > > \n> > > > > > > (ii) a person referred to in [paragraph (a)](#GS6@Gs1@Nd2043109@Hpa@EN) ;\n> > \n> > > ***selection panel members*** means the councillors, and other persons who are not councillors, who are appointed to a selection panel by a council under [subclause (2)(b)](#GS6@Gs2@Hpb@EN) or [(c)](#GS6@Gs2@Hpc@EN) .\n> \n> > (2)  For the purposes of [section 61A(1)(c)](/view/html/inforce/2026-04-12/act-1993-095#GS61A@Gs1@Hpc@EN) of the Act, the procedures to be followed by a council in relation to appointing a general manager are specified as follows:\n> > \n> > > > (a) the council is to appoint a selection panel;\n> > > \n> > > > (b) a selection panel appointed by the council –\n> > > > \n> > > > > > (i) must comprise councillors in the majority; and\n> > > > > \n> > > > > > (ii) may comprise one or more other persons, who are not councillors, who have relevant skills and experience;\n> > > \n> > > > (c) the council must engage at least one person, who is not a councillor and who may or may not also be appointed to a selection panel by the council, who can inform selection panel members on contemporary human resources practices and procedures due to the person so engaged –\n> > > > \n> > > > > > (i) having experience in the recruitment of senior management personnel; and\n> > > > > \n> > > > > > (ii) holding appropriate qualifications in contemporary human resource practices and procedures;\n> > > \n> > > > (d) the mayor is to lead a selection panel;\n> > > \n> > > > (e) throughout the appointment process selection panel members and relevant persons must –\n> > > > \n> > > > > > (i) monitor the circumstances and identify any actual or potential conflict of interest; and\n> > > > > \n> > > > > > (ii) disclose, in writing, any identified conflict of interest to each selection panel member;\n> > > \n> > > > (f) the selection panel members are to review a conflict of interest disclosed under [paragraph (e)(ii)](#GS6@Gs2@Hpe@Hqii@EN) and are to decide whether or not the conflict of interest can be mitigated and the mitigation measures, if any, that are appropriate in the circumstances;\n> > > \n> > > > (g) if a majority of selection panel members decide under [paragraph (f)](#GS6@Gs2@Hpf@EN) that a disclosed conflict of interest –\n> > > > \n> > > > > > (i) can be mitigated, the selection panel member or relevant person who has the disclosed conflict of interest may continue to be a selection panel member or relevant person; or\n> > > > > \n> > > > > > (ii) cannot be mitigated, the selection panel members must refer the disclosed conflict of interest to the council;\n> > > \n> > > > (h) a majority of selection panel members for the purposes of [paragraph (g)](#GS6@Gs2@Hpg@EN) must include the decision of the mayor;\n> > > \n> > > > (i) if a disclosed conflict of interest is referred to a council under [paragraph (g)(ii)](#GS6@Gs2@Hpg@Hqii@EN) , the council is to review the decision made by the selection panel members and is to make a determination in relation to whether or not –\n> > > > \n> > > > > > (i) the disclosed conflict of interest can be mitigated and the mitigation measures, if any, that are appropriate; and\n> > > > > \n> > > > > > (ii) the person to whom the disclosed conflict of interest relates can continue to be a selection panel member or relevant person;\n> > > \n> > > > (j) if a council determines under [paragraph (i)](#GS6@Gs2@Hpi@EN) that a person with a disclosed conflict of interest cannot continue –\n> > > > \n> > > > > > (i) to be a selection panel member, the council –\n> > > > > > \n> > > > > > > > (A) must replace the selection panel member if, without the replacement, councillors will no longer form a majority of the selection panel members; and\n> > > > > > > \n> > > > > > > > (B) may replace the selection panel member if, without the replacement, councillors will continue to form a majority of selection panel members; and\n> > > > > > > \n> > > > > > > > (C) must replace the selection panel member if that member is also the mayor; and\n> > > > > \n> > > > > > (ii) to be engaged by a council under [paragraph (c)](#GS6@Gs2@Hpc@EN) , the council –\n> > > > > > \n> > > > > > > > (A) must replace the person, if the person is the only person engaged under [paragraph (c)](#GS6@Gs2@Hpc@EN) ; and\n> > > > > > > \n> > > > > > > > (B) may replace the person, if the person is not the only person engaged under [paragraph (c)](#GS6@Gs2@Hpc@EN) ; and\n> > > > > \n> > > > > > (iii) to provide administrative assistance to a selection panel member or to a person engaged by a council under [paragraph (c)](#GS6@Gs2@Hpc@EN) , the selection panel member or the person so engaged may replace the person;\n> > > \n> > > > (k) a council is to provide the selection panel members with details of any –\n> > > > \n> > > > > > (i) determination made by the council under [paragraph (i)](#GS6@Gs2@Hpi@EN) ; and\n> > > > > \n> > > > > > (ii) replacements made by the council under [paragraph (j)](#GS6@Gs2@Hpj@EN) ;\n> > > \n> > > > (l) a selection panel must record details of any –\n> > > > \n> > > > > > (i) conflict of interest disclosed to the selection panel under [paragraph (e)](#GS6@Gs2@Hpe@EN) ; and\n> > > > > \n> > > > > > (ii) decision made by the selection panel under [paragraph (f)](#GS6@Gs2@Hpf@EN) ; and\n> > > > > \n> > > > > > (iii) mitigation measures decided by the selection panel under [paragraph (f)](#GS6@Gs2@Hpf@EN) ; and\n> > > > > \n> > > > > > (iv) referral to the council under [paragraph (g)(ii)](#GS6@Gs2@Hpg@Hqii@EN) ; and\n> > > > > \n> > > > > > (v) details provided by the council in accordance with [paragraph (k)](#GS6@Gs2@Hpk@EN) ;\n> > > \n> > > > (m) a selection panel must record details of the process undertaken by the selection panel to recommend the appointment of a person as general manager, including any details recorded under [paragraph (l)](#GS6@Gs2@Hpl@EN) and details of the selection panel’s evaluation of each applicant against the role description, and selection criteria, for the position of general manager, and those details must be recorded in the minutes of a closed council meeting;\n> > > \n> > > > (n) a selection panel is to make recommendations, in relation to the appointment of a person as general manager, and a report on the recommendations must be prepared and recorded in the minutes of an open or closed council meeting.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Processes and procedures to be followed by councils in monitoring performance of general managers","content":"### 7 Processes and procedures to be followed by councils in monitoring performance of general managers\n\n> For the purposes of [section 61A(1)(d)](/view/html/inforce/2026-04-12/act-1993-095#GS61A@Gs1@Hpd@EN) of the Act, the processes and procedures to be followed by a council in monitoring the performance of a general manager are specified as follows:\n> \n> > > (a) the council must undertake a written assessment of the performance of a general manager at least once in each 12-month period, commencing with the 12-month period from the day on which the general manager is appointed;\n> > \n> > > (b) before the performance of a general manager is assessed, the general manager and the council are to agree on specified, clear and measurable criteria, that may include the current, and future, remuneration of the general manager, that will be used to evaluate and assess the performance of the general manager;\n> > \n> > > (c) the council is to ensure that the general manager is treated fairly, equitably and without discrimination;\n> > \n> > > (d) the council must obtain advice and information from any one or more other persons, who are not councillors, who are appropriately qualified in contemporary human resource practices and procedures due to the persons who are providing the advice and information –\n> > > \n> > > > > (i) having experience in relation to the conduct of performance assessments for senior management, including the measurement and evaluation of performance against criteria; and\n> > > > \n> > > > > (ii) holding appropriate qualifications in contemporary human resource practices and procedures;\n> > \n> > > (e) all assessment reports on the performance of a general manager must be prepared and recorded in the minutes of an open or closed council meeting.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 24 July 2024\n\nThis order is administered in the Department of Premier and Cabinet.","sortOrder":6}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: prescribing detailed procedures for appointment and performance assessment of general managers under section 61A of the Local Government Act 1993. It does not expand beyond this specific administrative function."},"complexity_factors":["Nested conditional logic in clause 6 regarding conflict of interest handling (paragraphs e through j create a multi-step decision tree with council override powers)","Multiple defined terms in clause 6(1): 'relevant person' and 'selection panel members' with layered definitions","Cross-references to the Local Government Act 1993 (section 61A) throughout","Mandatory vs discretionary actions carefully distinguished using 'must' and 'may' in clause 6(j) replacement rules","Specific procedural requirements for recording decisions in open vs closed council meetings"],"plain_english_summary":"This law sets out the rules that Tasmanian local councils must follow when hiring and managing their general managers (the CEOs of local councils).\n\n**What it does:**\n- **Hiring rules:** Councils must use fair, transparent processes when selecting a general manager. They need to appoint a selection panel (mostly made up of councillors), bring in HR experts for advice, and properly handle any conflicts of interest.\n- **What to consider:** Councils must look at the job description, selection criteria, the panel's recommendations, and (for reappointments) past performance reviews.\n- **Conflict of interest handling:** Anyone involved in hiring must disclose conflicts in writing. The panel decides if the conflict can be managed; if not, the full council decides whether the person must step down.\n- **Performance monitoring:** Councils must formally assess their general manager's performance at least once a year using clear, agreed criteria. They must get external HR advice and record everything in council meeting minutes.\n\n**Who it affects:**\n- All Tasmanian local councils and their elected members\n- General managers of Tasmanian councils (current and prospective)\n- HR consultants and selection panel members involved in council recruitment\n\n**Why it matters:**\nThis law aims to stop cronyism and ensure councils hire and manage their most senior employee professionally. It mandates transparency, independent advice, and proper documentation—reducing the risk of political interference in council administration."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Order does not alter the substantive coverage of the Local Government Act 1993. It specifies procedural requirements for councils under s.61A(1)(a)–(d) of the Act — setting out selection principles (cl 4), matters to consider when appointing or reappointing (cl 5), appointment procedures and conflict-of-interest handling (cl 6), and performance-monitoring processes (cl 7)."},"complexity_factors":["Detailed conflict-of-interest framework in clause 6(2)(e)–(j) requiring disclosure, written records, panel review, mayor inclusion in majority decisions and referral/replacement procedures.","Composition and leadership rules for selection panels in clause 6(2)(b)–(d): councillor majority required, mayor to lead, and permitted inclusion of external members.","Mandatory engagement of at least one external person with specified recruitment experience and HR qualifications in clause 6(2)(c).","Record-keeping and reporting obligations in clause 6(2)(l)–(n) and clause 7(e) requiring detailed entries of conflicts, mitigation, evaluation and assessment reports in council minutes (open or closed).","Performance-monitoring requirements in clause 7(a)–(d): annual written assessments, prior agreement on clear, measurable criteria (which may include remuneration), fairness protections, and external HR advice.","Discretion points for selection panels and councils in clauses 6(2)(f)–(j) where panels decide mitigation, and councils review/refine decisions and may replace members or engaged persons.","Interpretive linkage to the Local Government Act 1993 (s.61A(1) purposes) and application of the Acts Interpretation Act 1931 as if these were by-laws (cl 3), creating legal-interpretive dependencies."],"plain_english_summary":"This Order sets out the principles, matters and mandatory procedures councils must follow when appointing, reappointing and monitoring general managers under the Local Government Act 1993. It affects councils, mayors, councillors, selection panels, engaged HR advisors, administrative staff and general managers. Mechanically it prescribes conflict‑of‑interest processes, majority‑councillor selection panels led by the mayor (cl 6), mandatory engagement of HR‑qualified advisers (cl 6(2)(c)), annual written performance assessments with agreed measurable criteria (cl 7), and specified record‑keeping in council minutes."},"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":4,"scope_assessment":{"changed":false,"description":"Based on the available information, the order appears to remain focused on its original stated purpose: governing the appointment and performance management of General Managers in Tasmanian local councils. There is no evidence from the available text that the scope has broadened or narrowed from its original intent, though amendments noted in the Table of Amending Instruments may have refined specific procedural details."},"complexity_factors":["Operates within a broader legislative framework (the Local Government Act 1993 (Tas)), requiring readers to cross-reference that Act to fully understand the order's effect","Applies specifically to Tasmanian local government, meaning readers must understand the structure of that system to contextualise the rules","Employment law concepts (performance reviews, contract terms, dismissal) add a layer of complexity for non-HR readers","The order has been amended since commencement (Table of Amendments referenced), meaning the current version may differ from the original and tracking changes adds complexity","Limited text available in the extract — the actual substantive provisions are not reproduced here, making full analysis difficult and suggesting the full document may contain more complex procedural requirements"],"plain_english_summary":"This order is the HR rulebook for Tasmanian local councils on hiring, contracting, reviewing and, where necessary, dismissing their General Managers. It governs how councils recruit and manage their top executive, affecting councils, candidates, councillors and the community they serve.\n\nBy standardising recruitment, contracts and performance processes, it aims to promote transparency, fairness and good governance in local government."}},"importantCases":[],"_links":{"self":"/api/acts/local-government-appointment-and-performance-of-general-managers-order-2024","history":"/api/acts/local-government-appointment-and-performance-of-general-managers-order-2024/history","analysis":"/api/acts/local-government-appointment-and-performance-of-general-managers-order-2024/analysis","conflicts":"/api/acts/local-government-appointment-and-performance-of-general-managers-order-2024/conflicts","importantCases":"/api/acts/local-government-appointment-and-performance-of-general-managers-order-2024/important-cases","documents":"/api/acts/local-government-appointment-and-performance-of-general-managers-order-2024/documents"}}