Part 3General provisions

Part 3—General provisions 33—Ward quotas (1) In addition to the other requirements of this Chapter, the following matters must be taken into account, as far as practicable, in the formulation of a proposal that relates to the boundaries of a ward or wards: (a) the desirability of reflecting communities of interest of an economic, social, regional or other kind; (b) the population of the area, and of each ward affected or envisaged by the proposal; (c) the topography of the area, and of each ward affected or envisaged by the proposal; (d) the feasibility of communication between electors affected by the proposal and their elected representatives; (e) the nature of substantial demographic changes that may occur in the foreseeable future; (f) the need to ensure adequate and fair representation while at the same time avoiding over-representation in comparison to other councils of a similar size and type (at least in the longer term). (2) A proposal that relates to the formation or alteration of wards of a council must also observe the principle that the number of electors represented by a councillor must not, as at the relevant date (assuming that the proposal were in operation), vary from the ward quota by more than 10 per cent. (2a) For the purposes of subsection (2)— (a) if it is proposed that two or more councillors represent a particular ward, the number of electors represented by each councillor will be taken to be the number of electors for the ward (as at the relevant date) divided by the number of proposed councillors for the ward (ignoring any fractions resulting from the division); and (b) the ward quota will be taken to be the number of electors for the area (as at the relevant date) divided by the number of councillors for the area who represent wards (assuming that the proposal were in operation and ignoring any fractions resulting from the division); and (c) the relevant date, in relation to a proposal that relates to the formation or alteration of wards of the council, will be taken to be the date on which the proposal is finalised for the purposes of this Chapter. (3) The 10 per cent tolerance referred to in subsection (2) may be exceeded if, on the basis of demographic changes predicted by a Commonwealth or State government agency, it appears that the ward quota will not, as at the next periodic elections, be exceeded by more than 10 per cent (the relevant date in this case being the date of the next periodic elections). (4) If under the repealed Act a proposal relating to the formation or alteration of wards did not comply with the corresponding provisions to subsections (2) and (3) and the relevant proposal proceeded (either in its original or an amended form) then, unless otherwise determined by proclamation, the relevant council (or each relevant council) must conduct (and complete) a review of its composition and wards under Part 1 so as to enable appropriate changes in the composition and wards of the council to take effect on or before the date of the second general election of the council after the proposal took effect or, if an earlier date has been fixed by proclamation, on or before that date. 34—Error or deficiency in address, recommendation, notice or proclamation (1) If, in the opinion of the Governor, there is an error or deficiency in an address from both Houses of Parliament, in a recommendation of the Minister, or in a report of the Commission, the Governor may, by proclamation, correct the error or supply the deficiency. (2) The power conferred by subsection (1) may be exercised notwithstanding that a proclamation has been made under this Chapter on the basis of the address or report. (3) If, in the opinion of the Governor, there is an error or deficiency in a proclamation under this Chapter, the Governor may, by subsequent proclamation, correct the error or supply the deficiency. (4) The Governor may, by proclamation, correct an error or deficiency in a notice of a council under this Chapter if requested to do so by the council. (5) A proclamation under this section will, if it so provides, be taken to have had effect as from the making of the address, report, proclamation or notice to which it relates. Chapter 4—The council as a body corporate Part 1—Fundamental features Division 1—Council to be a body corporate 35—Corporate status (1) A council is a body corporate with perpetual succession and a common seal. (2) A council bears the name assigned to it under this Act. (3) A council consists of the members appointed or elected to the council in accordance with this Act or the Local Government (Elections) Act 1999. 36—General powers and capacities (1) A council— (a) has the legal capacity of a natural person and, in particular— (i) may enter into any kind of contract or arrangement; and (ii) may sue and be sued; and (iii) may act in conjunction with another council or authority, or a person; and (b) has the other powers and capacities conferred by or under this or another Act; and (c) has the power to do anything necessary, expedient or incidental to performing or discharging its functions or duties or to achieving its objectives. (2) A council may act outside its area— (a) to the extent considered by the council to be necessary or expedient to the performance of its functions; or (b) in order to provide services to an unincorporated area of the State. (3) A council should, in the arrangement of its affairs, take reasonable steps to separate its regulatory activities from its other activities. (4) A council must not do anything inconsistent with a law of the State or Commonwealth. 37—Provision relating to contracts and transactions A council contracts as follows— (a) a contract may be entered into under the common seal of the council; or (b) a contract may be entered into by an officer, employee or agent authorised by the council to enter into the contract on its behalf. 38—The common seal (1) The common seal of a council must not be affixed to a document except to give effect to a resolution of the council. (2) The affixation of the common seal must be attested by the principal member of the council and the chief executive officer. (3) An apparently genuine document purporting to bear the common seal of a council and the signatures of the principal member of the council and the chief executive officer attesting the affixation of the seal will, in the absence of proof to the contrary, be taken to have been duly executed by the council. 39—Protection of members (1) No civil liability attaches to a member of a council for an honest act or omission in the exercise, performance or discharge, or purported exercise, performance or discharge, of the member's or council's powers, functions or duties under this or other Acts. (2) A liability that would, but for this section, attach to a member of a council attaches instead to the council. 40—Saving provision No act or proceeding of a council is invalid by reason of— (a) a vacancy or vacancies in the membership of the council; or (b) a defect in the election or appointment of a member or members of the council; or (c) the fact that the election of a member or members of the council is subsequently declared void by a court of competent jurisdiction. Division 2—Committees 41—Committees (1) A council may establish committees. (2) A committee may, according to a determination of the council (and subject to the operation of this Act), be established— (a) to assist the council in the performance of its functions; 1 To carry out a project on behalf of the council. 2 To manage or administer property, facilities or activities on behalf of the council. 3 To oversee works on behalf of the council. (b) to inquire into and report to the council on matters within the ambit of the council's responsibilities; (c) to provide advice to the council; (d) to exercise, perform or discharge delegated powers, functions or duties. (3) The membership of a committee will be determined by the council and may consist of, or include, persons who are not members of the council. (4) The council must appoint a person as the presiding member of a committee, or make provision for the appointment of a presiding member. (5) A member of a committee holds office at the pleasure of the council. (6) The council may appoint the principal member of the council as an ex officio member of a committee (but in such a case the principal member will not be taken to be included in the membership of the committee unless actually present at a meeting of the committee). (7) A committee may establish a subcommittee to assist it in a matter. (8) A council must, when establishing a committee, determine the reporting and other accountability requirements that are to apply in relation to the committee. (9) A committee that is performing a regulatory activity of the council must report to the council on its activities at least quarterly. (10) The establishment of a committee does not derogate from the power of the council to act in a matter. (11) No act or proceeding of a council committee is invalid by reason of— (a) a vacancy or vacancies in the membership of the committee; or (b) a defect in the election or appointment of a member or members of the committee; or (c) the fact that the election of a member or members of the committee is subsequently declared void by a court of competent jurisdiction. (12) No civil liability attaches to a member of a committee for an honest act or omission in the exercise, performance or discharge, or purported exercise, performance or discharge, of the member's or committee's powers, functions or duties. (13) A liability that would, but for subsection (12), attach to a member of a committee attaches instead to the council. Division 3—Subsidiaries 42—Ability of council to establish a subsidiary (1) A council may establish a subsidiary— (a) to provide a specified service or services; or (b) to manage or administer property, facilities or activities on behalf of the council; or (c) to perform a function of the council under this or another Act. (2) A council cannot establish a subsidiary under this section if the primary purpose of the subsidiary would be to perform a regulatory activity of the council. (3) The establishment of a subsidiary under this section is subject to obtaining the approval of the Minister to the conferral of corporate status under this Act. (4) The establishment of a subsidiary does not derogate from the power of the council to act in a matter.