Part 5Community engagement

Part 5—Community engagement 50—Community engagement charter (1) The Minister may, by notice published in the Gazette and on a website determined by the Minister, establish a community engagement charter for the purposes of this Act. (2) The following principles must be taken into account in relation to the charter: (a) members of the community should have reasonable, timely, meaningful and ongoing opportunities to gain access to information about proposed decisions, activities and processes of councils and to participate in relevant processes; (b) information about issues should be in plain language, readily accessible and in a form that facilitates community participation; (c) participation methods should seek to foster and encourage constructive dialogue, discussion and debate in relation to proposed decisions, activities and processes of councils; (d) participation methods should be appropriate having regard to the significance and likely impact of proposed decisions, activities and processes; (e) insofar as is reasonable, communities should be provided with information about how community views have been taken into account and reasons for decisions or actions of councils. (3) The charter— (a) will relate to— (i) community consultation and participation with respect to any decision, activity or process where compliance with the charter is required by this Act; and (ii) any other circumstance where compliance with the charter is required by this Act; and (b) may relate to any other circumstances, or provide for any other matter, determined by the Minister. (4) The charter may— (a) establish categories of statutory processes to which various parts of the charter will apply; and (b) in relation to each category established under paragraph (a)— (i) specify mandatory requirements; and (ii) set out principles and performance outcomes that are to apply to the extent that mandatory requirements are not imposed; and (c) in relation to performance outcomes under paragraph (b)(ii)— (i) provide guidance on specific measures or techniques by which the outcomes may be achieved; and (ii) set out measures to help evaluate whether, and to what degree, the outcomes have been achieved. (5) The charter may— (a) be of general or limited application; and (b) vary in operation according to factors stated in the charter; and (c) provide for, or for the granting by the Minister of, exemptions (conditional or unconditional) from specified provisions of the charter. (6) The Minister may, by further notice published in the Gazette and on the website referred to in subsection (1), vary or substitute the charter. (7) The Minister must, before establishing, varying or substituting the charter— (a) consult with the LGA; and (b) undertake such other consultation as the Minister thinks fit, on the charter, variation or substitute charter (as the case may be). (8) An entity to which the charter applies must— (a) comply with any mandatory requirement that applies in a relevant case; and (b) to the extent that paragraph (a) does not apply, have regard to, and seek to achieve, any principles or performance outcomes that apply in a relevant case. (9) A notice published under subsection (1) or (6) may come into operation on the day on which it is published or on a later day or days specified in the notice. (10) Sections 10 (other than subsection (1)) and 10A of the Legislative Instruments Act 1978 apply to a notice published under subsection (1) or (6) (and a reference in those provisions to a regulation will be taken to be a reference to a notice published under subsection (1) or (6) (as the case requires)). 50A—Council community engagement policy (1) A council must prepare and adopt a policy relating to community engagement for the purposes of this Act (a community engagement policy). (2) The policy may— (a) in relation to any decision, activity or process in respect of which the community engagement charter prescribes requirements, principles or performance outcomes applying to community consultation and participation (relating to the decision, activity or process), make additional provision (not inconsistent with the charter) specifying how the council will— (i) comply with the requirements in a relevant case; or (ii) seek to achieve the principles or performance outcomes in a relevant case; and (b) in relation to any other decision, activity or process of the council, provide for community consultation and participation in relation to the decision, activity or process. (3) The policy must be consistent with, and comply with any requirements specified by, the community engagement charter. (4) The policy may— (a) be of general or limited application; and (b) vary in operation according to factors stated in the policy; and (c) provide for, or for the granting by the council of, exemptions (conditional or unconditional) from specified provisions of the policy. (5) A council may from time to time alter a community engagement policy, or substitute a new policy. (6) Before a council— (a) adopts a community engagement policy; or (b) alters, or substitutes, a community engagement policy, the council must undertake public consultation on the community engagement policy, alteration or substituted policy (as the case may be). Chapter 5—Members of council Part 1—Membership 51—Principal member of council (1) A council must be constituted on the basis that the principal member is to be appointed¹ or elected as a representative of the area as a whole (in which case the principal member is to be called a mayor). (3) If the council so resolves, there may also be a deputy mayor. (4) If there is to be a deputy mayor, he or she will be chosen by the members of the council from amongst their own number and will hold office for a term determined by the council. The term must not exceed 4 years. (5) On the expiration of a term of office, a deputy mayor is eligible to be chosen for a further term. (6) In the absence of the mayor, a deputy mayor may act in the office of mayor. (7) If the mayor is absent from official duties and there is no deputy mayor, or the deputy mayor is not available to act in the office of mayor, a member chosen by the council may act in the office of mayor during the relevant period. (8) If a person is to be chosen by the members of the council to fill an office under this section and the votes for two or more candidates for the office are equal, lots must be drawn to determine which candidate or candidates will be excluded. (9) The mayor of the City of Adelaide is entitled to the rank and title of Lord Mayor. (10) In the event of a casual vacancy in the office of mayor, subsections (6) and (7) operate subject to any appointment made by the council under section 54(8).