{"id":"local-government-south-gippsland-shire-council-act-2019","name":"Local Government (South Gippsland Shire Council) Act 2019","slug":"local-government-south-gippsland-shire-council-act-2019","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175008,"registerId":"vic-local-government-south-gippsland-shire-council-act-2019-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Local Government (South Gippsland Shire Council) Act 2019","content":"Version No. 002\n\n**Local Government (South Gippsland Shire Council) Act 2019**\n\n**No. 18 of 2019**\n\nVersion incorporating amendments as at  \n6 April 2020\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\n1 Purpose 1\n\n2 Commencement 1\n\n3 Construction of Act 1\n\n4 Definition 2\n\n5 Dismissal of South Gippsland Shire Council 2\n\n6 Order in Council 2\n\n7 Provisions applying in respect of administrator or panel of administrators appointed under section 6 3\n\n8 Effect of Order in Council 4\n\n9 Construction of provisions in any Act or document 4\n\n10 General election 5\n\n═════════════\n\nEndnotes 6\n\n1 General information 6\n\n2 Table of Amendments 8\n\n3 Amendments Not in Operation 9\n\n4 Explanatory details 10\n\n**Version No.** **002**\n\n**Local Government (South Gippsland Shire Council) Act 2019**\n\n**No. 18 of 2019**\n\nVersion incorporating amendments as at  \n6 April 2020\n\n**The Parliament of Victoria enacts:**\n\n\t1 Purpose\n\nThe purpose of this Act is to—\n\n(a) dismiss the South Gippsland Shire Council; and\n\n(b) provide for the appointment of an administrator or a panel of administrators for the South Gippsland Shire Council; and\n\n(c) provide for the expiry of the Order in Council; and\n\n(d) provide for a general election for the South Gippsland Shire Council.\n\n\t2 Commencement\n\nThis Act comes into operation on the day after the day on which it receives the Royal Assent.\n\nS. 3 amended by No. 9/2020 s. 390(Sch. 1 item 64.1).\n\n\t3 Construction of Act\n\nThis Act must be read and construed as if it was part of the **Local Government Act 1989** and the **Local Government Act 2020**.\n\n\t4 Definition\n\nIn this Act—\n\n***Order in Council*** means the first Order in Council made under section 6 of this Act and any further Order in Council made under that section.\n\n\t5 Dismissal of South Gippsland Shire Council\n\n(1) The South Gippsland Shire Council is dismissed.\n\n(2) The persons holding office as Councillors of the South Gippsland Shire Council cease to hold office.\n\n(3) Nothing in this Act affects the continuity of the South Gippsland Shire Council as constituted under this Act by the administrator or panel of administrators appointed under the Order in Council.\n\n\t6 Order in Council\n\nThe Governor in Council may, on the recommendation of the Minister, by Order in Council published in the Government Gazette, do any or all of the following—\n\n(a) appoint an administrator or a panel of administrators for the South Gippsland Shire Council;\n\n(b) if a panel of administrators is appointed, appoint one of the administrators to be the Chairperson of the panel of administrators;\n\n(c) appoint a person to fill a vacancy in the office of an administrator;\n\n(d) appoint a temporary administrator in the place of an administrator to act in the administrator's absence or incapacity to act.\n\n\t7 Provisions applying in respect of administrator or panel of administrators appointed under section 6\n\nThe following provisions apply in respect of the appointment of an administrator or a panel of administrators of the South Gippsland Shire Council under section 6 of this Act—\n\n(a) the administrator or the panel of administrators constitutes the South Gippsland Shire Council and, subject to any conditions of the administrator's appointment or administrators' appointments, must perform all the functions, powers and duties of the South Gippsland Shire Council, which must be treated as if they were performed by the South Gippsland Shire Council;\n\n(b) subject to any conditions of an administrator's appointment, an administrator must perform all the functions, powers and duties of a Councillor of the South Gippsland Shire Council, which must be treated as if they were performed by a Councillor of the South Gippsland Shire Council;\n\n(c) subject to any conditions of the administrator's appointment, the administrator or, if a panel of administrators is appointed, the Chairperson of the panel of administrators, must perform all the functions, powers and duties of the Mayor of the South Gippsland Shire Council, which must be treated as if they were performed by the Mayor of the South Gippsland Shire Council;\n\n(d) an administrator's appointment and anything done by an administrator is not invalid only by reason of a defect in relation to the appointment;\n\n(e) an administrator is entitled to be paid the remuneration and allowances and is employed on the conditions which are fixed by the Minister and the remuneration and allowances are to be paid by the South Gippsland Shire Council;\n\n(f) an administrator—\n\n(i) must not, without the Minister's consent, directly or indirectly engage in any paid employment outside the duties of the office of administrator; and\n\n(ii) may resign by a written notice of resignation addressed to the Governor in Council;\n\n(g) the office of an administrator becomes vacant if the administrator—\n\n(i) becomes bankrupt; or\n\n(ii) dies; or\n\n(iii) is removed or resigns from office; or\n\n(iv) is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or\n\n(v) becomes incapable of performing the duties of the office.\n\n\t8 Effect of Order in Council\n\nThe first Order in Council made under section 6 of this Act takes effect on the date specified in the Order in Council.\n\n\t9 Construction of provisions in any Act or document\n\nIf provision is made in any Act, regulation, rule, by-law, local law, instrument or document for the Mayor or a Councillor of the South Gippsland Shire Council or the Chairperson or a member of a committee of the South Gippsland Shire Council to be a member of, or to be represented on, a board, Council, committee, commission or other body, or to be a trustee, or to be a member or director of a company, that provision has effect while the Order in Council is in force as if it provided for an administrator, or some other person appointed by the administrator or the panel of administrators, to be that member, representative, trustee or director.\n\n\t10 General election\n\nS. 10(1) amended by No. 9/2020 s. 390(Sch. 1 item 64.2).\n\n(1) Despite section 31(1) of the **Local Government Act 1989** or section 257(1) of the **Local Government Act 2020**, a general election of Councillors for the South Gippsland Shire Council is to be held on the fourth Saturday in October 2021.\n\n(2) The Chief Executive Officer must summon a meeting of the South Gippsland Shire Council within 14 days after the day the returning officer for the general election publicly declares the result of the general election.\n\n(3) The Order in Council expires when that meeting of the South Gippsland Shire Council starts.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 19 June 2019*\n\n*Legislative Council: 19 June 2019*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to dismiss the South Gippsland Shire Council and provide for a general election for that Council and for other purposes.\"\n\nThe Local Government (South Gippsland Shire Council) Act 2019 was assented to on 21 June 2019 and came into operation on 22 June 2019: section 2.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Local Government (South Gippsland Shire Council) Act 2019** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| --- | --- |\n| Commencement Date: | S. 390(Sch. 1 item 64) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Local Government (South Gippsland Shire Council) Act 2019** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no evidence of scope change from original intent. However, the document provided is too incomplete to make a reliable determination — the absence of substantive legislative content means any scope assessment is highly speculative."},"complexity_factors":["The Act appears narrow and targeted at a single specific council, limiting broad complexity","Victorian local government intervention laws typically follow a well-established template, reducing interpretive difficulty","The provided text is almost entirely metadata with no substantive provisions visible, making accurate complexity assessment very difficult","Interaction with the broader Local Government Act 1989 (Vic) or Local Government Act 2020 (Vic) may add some complexity for those affected","Political and procedural implications (e.g. timing of new elections, administrator powers) could add practical complexity for stakeholders"],"plain_english_summary":"This Victorian Act targets the South Gippsland Shire Council and, in line with similarly named laws, is intended to enable state intervention in a specific council’s operations—potentially removing elected councillors and appointing administrators to manage the council. It affects residents, ratepayers, councillors, and council staff by temporarily replacing local democratic governance with state-appointed management.\n\nNote: the provided legislative text is incomplete, so specific scope and conditions cannot be confirmed."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act is narrowly drafted to dismiss the South Gippsland Shire Council, provide for administrators and ensure continuity pending an election; the text shows no alteration to that targeted scope. It must be read together with the Local Government Acts (s3), but no broader or different purpose is introduced in the Act itself."},"complexity_factors":["Narrow, single-council focus limits breadth but concentrates effects on one entity (overall Act structure).","Interplay with other statutes—must be read as part of the Local Government Act 1989 and 2020 (s3), requiring cross-reference to external frameworks.","Executive discretion: Governor in Council acts on Minister’s recommendation to appoint/remove administrators and set conditions (s6, s7(e),(f)).","Operational continuity provisions that treat administrator acts as council acts (s5(3), s7(a)-(c)), affecting third-party and contractual relationships.","Administrative detail includes remuneration, employment conditions and vacancy grounds (s7(e),(g)), creating specific compliance triggers.","Limited procedural guidance on selection, oversight and reporting of administrators increases reliance on Ministerial instruments and Orders in Council (s6, defined term).","Temporal mechanics tie Order expiry to electoral outcome and meeting timing (s10(1)-(3), s8), requiring coordination with electoral processes."],"plain_english_summary":"This Act dismisses the South Gippsland Shire Council and its councillors, allows the Governor in Council (on the Minister’s recommendation) to appoint an administrator or a panel to exercise all council, councillor and mayoral functions, and sets a general election for the fourth Saturday in October 2021. Administrator pay and conditions are fixed by the Minister and paid by the Council (s7(e)); the Order in Council takes effect on its stated date (s8) and ends when the newly elected council first meets (s10(3))."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: dismissing the South Gippsland Shire Council, installing an administrator, and scheduling a replacement election. The 2020 amendments merely updated cross-references to accommodate the new Local Government Act 2020, without expanding the scope or duration of the intervention."},"complexity_factors":["Only 10 operative sections (extremely short)","Single defined term ('Order in Council')","Minimal cross-referencing (only to Local Government Act 1989 and 2020 for context and election timing)","Straightforward procedural logic with no nested exceptions or conditional chains","Clear temporal boundaries (appointment → election → automatic expiry)","No penalty provisions, enforcement mechanisms, or dispute resolution procedures"],"plain_english_summary":"**What this law does:**\n\nThis Act fires the entire South Gippsland Shire Council (a local council in regional Victoria) and puts an appointed administrator (or panel of administrators) in charge instead. It also schedules a new election to replace the sacked councillors.\n\n**Who it affects:**\n\n- **Residents of South Gippsland** – their democratically elected representatives are removed and replaced with appointed officials\n- **The dismissed councillors** – they immediately lose their jobs\n- **The appointed administrator(s)** – they take over all council functions, including acting as the Mayor and individual councillors\n- **Local staff and contractors** – they now report to the administrator rather than elected councillors\n\n**Key points:**\n\n- **Section 5** dismisses the entire council and removes all councillors from office\n- **Section 6** lets the Victorian Government (via the Governor in Council, acting on the Minister's advice) appoint one or more administrators to run the council\n- **Section 7** gives the administrator(s) full power to act as the council, the councillors, and the Mayor – essentially they become the council for legal purposes\n- **Section 10** sets a specific election date (fourth Saturday in October 2021) to restore democracy, and the administrator's rule automatically ends when the new council holds its first meeting\n- **Section 9** ensures that if the Mayor or councillors sat on external boards or committees, the administrator can appoint someone to fill those spots instead\n\n**Why it matters:**\n\nThis is an extraordinary intervention by the state government into local democracy. Sacking an entire elected council is rare and usually happens only when there's serious dysfunction, governance failure, or inability to function. The Act creates a temporary dictatorship (in the Roman sense – a single appointed ruler) to stabilise local government until fresh elections can be held."}},"importantCases":[],"_links":{"self":"/api/acts/local-government-south-gippsland-shire-council-act-2019","history":"/api/acts/local-government-south-gippsland-shire-council-act-2019/history","analysis":"/api/acts/local-government-south-gippsland-shire-council-act-2019/analysis","conflicts":"/api/acts/local-government-south-gippsland-shire-council-act-2019/conflicts","importantCases":"/api/acts/local-government-south-gippsland-shire-council-act-2019/important-cases","documents":"/api/acts/local-government-south-gippsland-shire-council-act-2019/documents"}}