438GAppointment of temporary adviser

#### 438G Appointment of temporary adviser 438G Appointment of temporary adviser > > (1) If the Minister issues a performance improvement order in respect of a council, the Minister may appoint one or more persons as a temporary adviser to the council. > > > (2) A temporary adviser may be appointed in the performance improvement order or by subsequent order of the Minister served on the council. > > > (2A) The regulations may make provision for or with respect to the criteria to be considered by the Minister in deciding whether to appoint a temporary adviser. > > > (3) A temporary adviser may be appointed on the recommendation of the council or on the Minister’s own initiative, but only after the Minister has considered any criteria prescribed by the regulations. > > > (4) The principal functions of a temporary adviser are— > > > > > (a) to provide advice and assistance to the council for the purpose of ensuring that it complies with the performance improvement order, and > > > > > (b) to monitor the council’s compliance with the performance improvement order. > > > (4A) If a council fails to give a temporary adviser an opportunity to comment on a compliance report as required by section 438H, the temporary adviser is to inform the Minister of that fact and give the Minister a report on the council’s compliance with the performance improvement order. > > > (4B) If a council fails to give the Minister a compliance report as required by section 438F, the temporary adviser is to give the Minister a report on the council’s compliance with the performance improvement order. > > > (5) A temporary adviser has such other functions as are specified in the instrument by which he or she is appointed. > > > (6) A temporary adviser is appointed for the term specified in the instrument by which he or she is appointed. The term must not exceed the period for compliance with the performance improvement order. > > > (7) A temporary adviser must be paid a salary from the council’s funds determined by the council (in the case of an adviser appointed on the recommendation of the council) or by the Minister (in any other case). > > > (8) The Minister may terminate a temporary adviser’s appointment at any time. > > **s 438G:** Ins 2013 No 44, Sch 1 \[41\]. Am 2015 No 37, Sch 1 \[18\]; 2016 No 38, Sch 1 \[43\] \[44\].