Part 7Other matters

Part 7—Other matters 80B—Suspension—member of council subject to intervention order (a) a member of a council is subject to a relevant interim intervention order where the person protected by the order is another member of the council, the council may suspend the member from the office of member of the council if the council considers it appropriate to do so; or (b) a member of a council is subject to a relevant interim intervention order where the person protected by the order is an employee of the council, the chief executive officer of the council may suspend the member from the office of member of the council if the chief executive officer considers it appropriate to do so. (2) A member of a council suspended under subsection (1) is entitled to an allowance under section 76 during the period of suspension. (3) A council— (a) must revoke a suspension under subsection (1)(a) if the relevant interim intervention order is revoked; and (b) may revoke a suspension under subsection (1)(a) if the council considers it appropriate to do so. (4) The chief executive officer of a council— (a) must revoke a suspension under subsection (1)(b) if the relevant interim intervention order is revoked; and (b) may revoke a suspension under subsection (1)(b) if the chief executive officer considers it appropriate to do so. (5) If a member of a council is subject to a relevant final intervention order, the member is suspended from the office of member of the council. (6) Despite any other Act or law, or any determination of the Remuneration Tribunal, a member of a council suspended under subsection (5) is not entitled to an allowance under section 76, or reimbursement of expenses, or any other facility, service or form of support, that the member would otherwise be entitled to under this Act, during the period of suspension. (7) The chief executive officer of a council must, as soon as is reasonably practicable after becoming aware that a member of the council is subject to a relevant final intervention order, notify the member of the suspension under subsection (5). (8) If a relevant final intervention order is revoked, the suspension under subsection (5) relating to the relevant final intervention order is revoked. (9) If a member of a council is suspended under subsection (5) for a continuous period of more than the prescribed period, the council must apply to SACAT for an order disqualifying the member from the office of member of the council under this Act. (10) If a member is disqualified under subsection (9), the disqualification extends to all other offices held in the member's capacity as a member of the council or by virtue of being a member of the council. (11) In this section— employee of a council includes— (a) a consultant engaged by the council; and (b) a person working for the council on a temporary basis; final intervention order means a final intervention order (within the meaning of section 3(1) of the Intervention Orders (Prevention of Abuse) Act 2009) or a domestic violence order (other than an interim DVO) that is a recognised DVO under Part 3A of that Act; interim intervention order means an interim intervention order (within the meaning of section 3(1) of the Intervention Orders (Prevention of Abuse) Act 2009) or an interim DVO that is a recognised DVO under Part 3A of that Act; relevant final intervention order—a final intervention order to which a member of a council is subject is a relevant final intervention order if a person protected by the order is another member, or an employee, of the council; relevant interim intervention order—an interim intervention order to which a member of a council is subject is a relevant interim intervention order if a person protected by the order is another member, or an employee, of the council. Chapter 6—Meetings Part 1—Council meetings 81—Frequency and timing of ordinary meetings (1) Subject to this section, ordinary meetings of a council will be held at times and places appointed by a resolution of the council. (2) There must be at least one ordinary meeting in each month. (3) If a time and place has not been appointed for the holding of an ordinary meeting during a month, the chief executive officer must appoint the time and place at which the ordinary meeting for the month is to be held. (4) The chief executive officer must also appoint the time and place at which the first ordinary meeting of a council will be held— (a) after the council is constituted under Chapter 3; or (b) after a general election of the council. (5) Ordinary meetings of a council may not be held on Sundays, or on public holidays. (6) In the case of a municipal council, ordinary meetings of the council may not be held before 5 p.m. unless the council resolves otherwise by a resolution supported unanimously by all members of the council. (7) A resolution under subsection (6) does not operate in relation to a meeting held after the conclusion of the general election next held following the making of the resolution. 82—Calling of special meetings (1) The chief executive officer must, at the request of— (a) the principal member of the council; or (b) at least three members of the council; or (c) a council committee at which at least three members of the council vote in favour of the making of the request, call a special meeting of the council. (2) The chief executive officer must be provided with an agenda for the special meeting at the time that a request is made under subsection (1) (and if an agenda is not provided then the request has no effect). (3) Special meetings may be held at any time. 83—Notice of ordinary or special meetings (1) In the case of an ordinary meeting, the chief executive officer must give each member of the council notice of the meeting at least three clear days before the date of the meeting. (2) In the case of a special meeting, the chief executive officer must give each member of the council notice of the meeting at least four hours before the commencement of the meeting. (3) Notice of a meeting of the council must— (a) be in writing; and (b) set out the date, time and place of the meeting; and (c) be signed by the chief executive officer; and (d) contain, or be accompanied by, the agenda for the meeting. (4) The chief executive officer must, insofar as is reasonably practicable— (a) ensure that items on an agenda given to members of the council under this section are described with reasonable particularity and accuracy; and (b) supply to each member of the council at the time that notice of a meeting is given a copy of any documents or reports that are to be considered at the meeting (so far as this is practicable). (5) The chief executive officer may indicate on a document or report provided to members of the council under subsection (4) (or on a separate notice) any information or matter contained in or arising from a document or report that may, if the council so determines, be considered in confidence under Part 3, provided that the chief executive officer at the same time specifies the basis on which an order could be made under that Part. (6) Notice may be given to a member of a council under this section— (b) by delivering the notice (whether by post or otherwise) to the usual place of residence of the member or to another place authorised in writing by the member; or (c) by leaving the notice for the member at an appropriate place at the principal office of the council, if authorised in writing by the member to do so; or (d) by a means authorised in writing by the member as being an available means of giving notice. (7) A notice that is not given in accordance with subsection (6) is taken to have been validly given if the chief executive officer considers it impracticable to give the notice in accordance with that subsection and takes action the chief executive officer considers reasonably practicable in the circumstances to bring the notice to the attention of the member. (9) The fact that a notice of a meeting has not been given to a member of a council in accordance with this section does not, of itself, invalidate the holding of the meeting or a resolution or decision passed or made at the meeting but SACAT may, on the application of the Minister, annul a resolution or decision passed or made at the meeting and make such ancillary or consequential orders as it thinks fit if satisfied that such action is warranted in the circumstances of the particular case. 84—Public notice of council meetings (1) The chief executive officer must give notice to the public of the times and places of meetings of the council. (1a) The chief executive officer must publicly display the notice required under subsection (1) at the principal office of the council and publish the notice and agenda for the meeting in accordance with section 132(1)(a). (2) The notice required under subsection (1) must be given— (a) in the case of an ordinary meeting—at least three clear days before the date of the meeting; or (b) in the case of a special meeting—as soon as practicable after the time that notice of the meeting is given to members of the council. (2a) Without derogating from subsection (1a), the chief executive officer may also give notice to the public of the time and place of a meeting of the council in such other manner as the chief executive officer considers appropriate after taking into account— (a) the characteristics of the council's community and area; and (b) the best ways to bring notice of a meeting of the council to the public's attention; and (c) such other matters as the chief executive officer thinks fit. (3) The notice required under subsection (1) must be kept on public display and continue to be published in accordance with section 132(1)(a) until the completion of the relevant meeting. (5) The chief executive officer must also ensure that a reasonable number of copies of any document or report supplied to members of the council for consideration at a meeting of the council are available for inspection by members of the public— (a) in the case of a document or report supplied to members of the council before the meeting—on a website determined by the chief executive officer as soon as practicable after the time when the document or report is supplied to members of the council; or (b) in the case of a document or report supplied to members of the council at the meeting—at the meeting as soon as practicable after the time when the document or report is supplied to members of the council. (6) However, subsection (5) does not apply to a document or report— (a) that is subject to the operation of section 83(5); or (b) that relates to a matter dealt with by the council on a confidential basis under Part 3. 85—Quorum (1) The prescribed number of members of a council constitutes a quorum of the council and no business can be transacted at a meeting unless a quorum is present. The prescribed number of members of a council is a number ascertained by dividing the total number of members of the council for the time being in office by 2, ignoring any fraction resulting from the division, and adding one. (2) For the purposes of the definition of prescribed number— (a) a member of a council who is suspended from the office of member of the council; and (b) a member of a council who is taken to have been granted leave of absence from the office of member of the council under section 55A, is not to be counted in the total number of members of the council. 86—Procedure at meetings (1) The principal member of a council will preside at a meeting of the council. (2) If the principal member is absent from a meeting of a council and there is a deputy, the deputy will preside but if there is no deputy or the deputy is not available to preside, a member of the council chosen by those present will preside. (a) a person is to be chosen to be the principal member of a council at a meeting of the council; or (b) a member of the council must be chosen by those present at a meeting of the council to preside at the meeting, the chief executive officer will preside until the matter is decided. (4) Subject to this Act, a question arising for decision at a meeting of a council will be decided by a majority of the votes cast by the members present at the meeting and entitled to vote on the question. (5) Each member present at a meeting of a council must, subject to a provision of this Act to the contrary, vote on a question arising for decision at that meeting. (6) The mayor of a council, or other member presiding in the absence of the mayor, at a meeting of the council, does not have a deliberative vote on a question arising for decision at the meeting but has, in the event of an equality of votes, a casting vote. (6a) A member of a council must not, while at a meeting— (a) behave in an improper or disorderly manner; or (b) cause an interruption or interrupt another member who is speaking. (6b) If a member contravenes or fails to comply with subsection (6a), the presiding member may, in accordance with the regulations, direct that the member be excluded from the meeting room (including any area set aside for the public) such that the member cannot view or hear any discussion at the meeting, and remain out of the meeting room for a period (not exceeding 15 minutes) determined by the presiding member. (6c) A member excluded from a meeting under subsection (6b) must comply with the direction and any requirements of the regulations in relation to the exclusion. (6d) A matter must not be put to a vote at a meeting of a council while a member is excluded under subsection (6b). (6e) Nothing in subsections (6a) to (6d) prevents the regulations from prescribing procedures authorising a council to resolve to censure a member of the council or exclude or suspend a member from a meeting in accordance with the regulations. (8) Subject to this Act, the procedure to be observed at a meeting of a council will be— (a) as prescribed by regulation; (b) insofar as the procedure is not prescribed by regulation—as determined by the council. (9) A meeting of a council may be adjourned from time to time and from place to place. Part 2—Committee meetings 87—Calling and timing of committee meetings (1) Ordinary meetings of a council committee will be held at times and places appointed by the council or, subject to a decision of the council, the council committee. (2) A council or council committee must, in appointing a time for the holding of an ordinary meeting of a council committee, take into account— (a) the availability and convenience of members of the committee; and (b) the nature and purpose of the committee. (3) A resolution appointing a time for the holding of an ordinary meeting of a council committee does not operate after the conclusion of the general election next following the making of the resolution. (4) The chief executive officer must ensure that each member of a council committee is given notice of an ordinary meeting of the committee at least three clear days before the date of the meeting. (5) The chief executive officer must, at the request of— (a) the presiding member of a council committee; or (b) at least two members of a council committee, call a special meeting of a council committee. (6) Special meetings of a council committee may be held at any time. (7) The chief executive officer must ensure that each member of a council committee is given notice of a special meeting of the committee at least four hours before the commencement of the meeting. (8) Notice of a meeting of a council committee must— (a) be in writing; and (b) set out the date, time and place of the meeting; and (c) contain, or be accompanied by, the agenda for the meeting. (9) The chief executive officer must, insofar as is reasonably practicable— (a) ensure that items on an agenda given to members of a council committee under this section are described with reasonable particularity and accuracy; and (b) ensure that each member of the committee at the time that notice of a meeting is given is supplied with a copy of any documents or reports that are to be considered at the meeting (so far as this is practicable). (10) The chief executive officer may indicate on a document or report provided to members of the committee under subsection (9) (or on a separate notice) any information or matter contained in or arising from a document or report that may, if the committee so determines, be considered in confidence under Part 3, provided that the chief executive officer at the same time specifies the basis on which an order could be made under that Part. (11) Notice may be given to a member of a committee under this section— (b) by delivering the notice (whether by post or otherwise) to the usual place of residence of the member or to another place authorised in writing by the member; or (c) by leaving the notice for the member at an appropriate place at the principal office of the council, if authorised in writing by the member to do so; or (d) by a means authorised in writing by the member as being an available means of giving notice. (12) A notice that is not given in accordance with subsection (11) is taken to have been validly given if the chief executive officer considers it impracticable to give the notice in accordance with that subsection and takes action the chief executive officer considers reasonably practicable in the circumstances to bring the notice to the attention of the member of the committee. (13) The chief executive officer must ensure that a record of all notices of meetings given under this section is maintained. (14) The fact that a notice of a meeting has not been given to a member of a committee in accordance with this section does not, of itself, invalidate the holding of the meeting or a resolution or decision passed or made at the meeting but SACAT may, on the application of the Minister, annul a resolution or decision passed or made at the meeting and make such ancillary or consequential orders as it thinks if satisfied that such action is warranted in the circumstances of the particular case. (15) The regulations may modify the application of this section for council committees that are not performing regulatory activities of councils. 88—Public notice of committee meetings (1) The chief executive officer must ensure that notice is given to the public of the times and places of meetings of a council committee. (1a) The chief executive officer must publicly display the notice required under subsection (1) at the principal office of the council and publish the notice and agenda for the meeting in accordance with section 132(1)(a). (2) The notice required under subsection (1) must be given as soon as practicable after the time that notice of the meeting is given to members of the committee. (2a) Without derogating from subsection (1a), the chief executive officer may also give notice to the public of the time and place of a meeting of a council committee in such other manner as the chief executive officer considers appropriate after taking into account— (a) the work of the committee and the characteristics of the council's community and area; and (b) the best ways to bring notice of a meeting of the committee to the public's attention; and (c) such other matters as the chief executive officer thinks fit. (3) The notice required under subsection (1) must be kept on public display and continue to be published in accordance with section 132(1)(a) until the completion of the relevant meeting. (5) The chief executive officer must also ensure that a reasonable number of copies of any document or report supplied to members of a council committee for consideration at a meeting of the committee are available for inspection by members of the public on a website determined by the chief executive officer as soon as practicable after the time when the document or report is supplied to members of the committee. (6) However, subsection (5) does not apply to a document or record— (a) that is subject to the operation of section 87(10); or (b) that relates to a matter dealt with by the council or council committee on a confidential basis under Part 3. (7) The regulations may modify the application of this section for council committees that are not performing regulatory activities of councils. 89—Proceedings of council committees (1) Subject to this Act, the procedure to be observed in relation to the conduct of meetings of a council committee will be— (a) as prescribed by regulation; (b) insofar as the procedure is not prescribed by regulation—as determined by the council; (c) insofar as the procedure is not prescribed by regulation or determined by the council—as determined by the council committee itself. (2) A meeting of a council committee may be adjourned from time to time and from place to place. Part 3—Public access to council and committee meetings 90—Meetings to be held in public except in special circumstances (1) Subject to this section, a meeting of a council or council committee must be conducted in a place open to the public. (2) A council or council committee may order that the public be excluded from attendance at a meeting to the extent (and only to the extent) that the council or council committee considers it to be necessary and appropriate to act in a meeting closed to the public in order to receive, discuss or consider in confidence any information or matter listed in subsection (3) (after taking into account any relevant consideration under that subsection). (3) The following information and matters are listed for the purposes of subsection (2): (a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead); (b) information the disclosure of which— (i) could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council; and (c) information the disclosure of which would reveal a trade secret; (d) commercial information of a confidential nature (not being a trade secret) the disclosure of which— (i) could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and (e) matters affecting the security of the council, members or employees of the council, or council property, or the safety of any person; (f) information the disclosure of which could reasonably be expected to prejudice the maintenance of law, including by affecting (or potentially affecting) the prevention, detection or investigation of a criminal offence, or the right to a fair trial; (g) matters that must be considered in confidence in order to ensure that the council does not breach any law, order or direction of a court or tribunal constituted by law, any duty of confidence, or other legal obligation or duty; (h) legal advice; (i) information relating to actual litigation, or litigation that the council or council committee believes on reasonable grounds will take place, involving the council or an employee of the council; (j) information the disclosure of which— (i) would divulge information provided on a confidential basis by or to a Minister of the Crown, or another public authority or official (not being an employee of the council, or a person engaged by the council); and (k) tenders for the supply of goods, the provision of services or the carrying out of works; (m) information relating to a proposal to prepare or amend a designated instrument under Part 5 Division 2 of the Planning, Development and Infrastructure Act 2016 before the draft instrument or amendment is released for public consultation under that Act; (n) information relevant to the review of a determination of a council under the Freedom of Information Act 1991; (o) information relating to a proposed award recipient before the presentation of the award. (4) In considering whether an order should be made under subsection (2), it is irrelevant that discussion of a matter in public may— (a) cause embarrassment to the council or council committee concerned, or to members or employees of the council; or (b) cause a loss of confidence in the council or council committee; or (c) involve discussion of a matter that is controversial within the council area; or (d) make the council susceptible to adverse criticism. (5) A person who, knowing that an order is in force under subsection (2), enters or remains in a room in which a meeting of the council or council committee is being held is guilty of an offence and liable to a penalty not exceeding $500 and if such a person fails to leave the room on request it is lawful for an employee of the council or a member of the police force to use reasonable force to remove him or her from the room. (6) Subsection (5) does not apply to— (a) a member of the council or the council committee; or (b) any other person permitted to be in the room by the council or the council committee. (7) If an order is made under subsection (2), a note must be made in the minutes of the making of the order and specifying— (a) the grounds on which the order was made; and (b) the basis on which the information or matter to which the order relates falls within the ambit of each ground on which the order was made; and (c) if relevant, the reasons that receipt, consideration or discussion of the information or matter in a meeting open to the public would be contrary to the public interest. (7a) A council committee meeting will be taken to be conducted in a place open to the public for the purposes of this section even if 1 or more committee members participate in the meeting by telephone or other electronic means in accordance with any procedures prescribed by the regulations or determined by the council under section 89 (provided that members of the public can hear the discussion between all committee members and subject to the qualification that a council may direct a committee not to use telephone or other electronic means for the purposes of its meetings). personal affairs of a person includes— (a) that person's— (i) financial affairs; (ii) criminal records; (iii) marital or other personal relationships; (iv) personal qualities, attributes or health status; (b) that person's employment records, employment performance or suitability for a particular position, or other personnel matters relating to the person, but does not include the personal affairs of a body corporate. 90A—Information or briefing sessions (1) A council, or the chief executive officer of a council, may hold or arrange for the holding of a session (not being a formal meeting of a council or council committee required to be held under this Chapter) to which more than 1 member of the council or a council committee is invited to attend or be involved in for the purposes of providing information or a briefing to attendees (an information or briefing session). (2) A matter must not be dealt with at a council information or briefing session in such a way as to obtain, or effectively obtain, a decision on the matter outside a formal meeting of the council or a council committee. (3) A council information or briefing session must be conducted in a place open to the public during any period in which a matter that is, or is intended to be, on the agenda for a formal meeting of the council or a council committee is discussed at the session. (4) However, the council or chief executive officer may order that an information or briefing session be closed to the public to the extent (and only to the extent) that the council or chief executive officer (as the case requires) considers it to be necessary and appropriate for a matter of a kind referred to in subsection (3) to be discussed in a session closed to the public in order to receive, discuss or consider in confidence any information or matter listed in section 90(3) (after taking into account any relevant consideration under that subsection). (5) If an order is made under subsection (4), the council or chief executive officer (as the case requires) must, as soon as reasonably practicable after the making of the order, make a record of— (a) the grounds on which the order was made; and (b) the basis on which the information or matter to which the order relates falls within the ambit of each ground on which the order was made; and (c) if relevant, the reasons that receipt, consideration or discussion of the information or matter publicly at the information or briefing session would be contrary to the public interest. (6) If an information or briefing session is organised or held by a council or chief executive officer of a council, the following provisions apply: (a) sections 90(5), (6) and (7a) apply to the information or briefing session as if it were a meeting of the council or council committee; (b) a prescribed matter cannot be dealt with at an information or briefing session; (c) a reference to a meeting or meetings in sections 94 and 95 includes a reference to an information or briefing session or sessions. (7) A council or the chief executive officer of a council must comply with any requirements of the regulations relating to the following: (a) the publication of prescribed information as soon as practicable after resolving or determining to hold an information or briefing session; (b) the publication of prescribed information as soon as practicable after the holding of an information or briefing session. Part 4—Minutes of council and committee meetings and release of documents 91—Minutes and release of documents (1) The chief executive officer must ensure that minutes are kept of the proceedings at every meeting of the council or a council committee. (2) If the chief executive officer is excluded from a meeting pursuant to Part 3, the person presiding at the meeting must ensure that minutes are kept. (3) Each member of the council must, within five days after a meeting of the council or a council committee, be supplied with a copy of all minutes of the proceedings of the meeting kept under this section. (7) Section 132(1) does not apply to a document or part of a document if— (a) the document or part relates to a matter dealt with by the council or council committee on a confidential basis under Part 3; and (b) the council or council committee orders that the document or part be kept confidential. (8) A council must not make an order under subsection (7)— (a) to prevent the disclosure of the remuneration or conditions of service of an employee of the council after the remuneration or conditions have been set or determined; or (b) to prevent the disclosure of the identity of a successful tenderer for the supply of goods or the provision of services (including the carrying out of works), or of any reasons adopted by the council as to why a successful tenderer has been selected; or (ba) to prevent the disclosure of the amount or amounts payable by the council under a contract for the supply of goods or the provision of services (including the carrying out of works) to, or for the benefit of, the council after the contract has been entered into by all parties to the contract; or (c) to prevent the disclosure of the identity of land that has been acquired or disposed of by the council, or of any reasons adopted by the council as to why land has been acquired or disposed of by the council. (9) If an order is made under subsection (7)— (a) the council or council committee must specify the duration of the order or the circumstances in which the order will cease to apply, or a period after which the order must be reviewed, and, in any event, any order that operates for a period exceeding 12 months must be reviewed at least once in every year; and (ab) in the case of an order of specified duration— (i) the duration of the order cannot be extended after the order has ceased to apply (as a result of the expiry of the period for which the order was specified to apply); and (ii) an order extending the duration of such an order cannot be delegated by the relevant council or council committee; and (b) the council or council committee must ensure that a note is made in the minutes recording the making of the order, the grounds on which it was made, and the decision of the council or council committee under paragraph (a); and (c) the council or council committee may delegate to an employee of the council the power to revoke the order. (10) No action for defamation lies against the council in respect of— (a) the accurate publication under this section of any information, statement or document (in whatever form); or (b) the accurate publication under this section of a transcript, recording or other record of a meeting of a council or a council committee. (11) A document purporting to be minutes of proceedings at a meeting of a council, or a council committee, or to be a copy of or extract from such minutes, and to be signed by the chief executive officer, will be accepted as proof, in the absence of proof to the contrary, of the matters contained in the document. Part 5—Code of practice 92—Access to meetings and documents—code of practice (1) A council must prepare and adopt a code of practice relating to the principles, policies, procedures and practices that the council will apply for the purposes of the operation of Parts 3 and 4. (2) A council must, within 12 months after the conclusion of each periodic election, review the operation of its code of practice under this section. (3) A council may at any time alter its code of practice, or substitute a new code of practice. (4) A code of practice must include any mandatory provision prescribed by the regulations. (5) Before a council adopts, alters or substitutes a code of practice under this section it must undertake public consultation on the proposed code, alterations or substitute code (as the case may be). Part 6—Meetings of electors 93—Meetings of electors (1) A council may convene a meeting of electors of the area or a part of the area. (2) The chief executive officer must give public notice of the time and place of a meeting of electors, and of the nature of the business to be transacted at the meeting, at least 14 days and not more than 28 days before the date of the meeting. (3) The following persons are entitled to attend and vote at a meeting convened under this section: (a) in the case of a meeting of electors of an area— (i) any person who is enrolled on the voters roll for the area as an elector; and (ii) a nominee of a body corporate or group which has its name on the voters roll for the area; (b) in the case of a meeting of electors of a part of an area— (i) any person who is enrolled on the voters roll for the area as an elector— (A) in respect of a place of residence within that part of the area; or (B) in respect of rateable property within that part of the area; or (ii) a nominee of a body corporate which is a ratepayer, or of a group of persons who are ratepayers, in respect of rateable property within that part of the area. (4) A meeting of electors under this section cannot proceed unless at least one member of the council is present at the meeting. (5) If the principal member of the council is present and available to preside at a meeting of electors held under this section, he or she must preside at the meeting. (6) If the principal member is absent from a meeting of electors held under this section or is not available to preside at the meeting, the following provisions apply: (a) if there is a deputy mayor available to preside at the meeting—the deputy must preside; (b) if there is no deputy or he or she is not available to preside—a member of the council appointed by the council must preside; (c) if no member of the council is so appointed or a member so appointed is absent from the meeting—a member chosen by the persons present and lawfully voting at the meeting must preside. (7) A question to be decided at a meeting of electors will be decided by a majority of the votes of the persons present and lawfully voting at the meeting. (8) A person present at the meeting who is entitled to vote on a question arising for decision at the meeting in his or her own capacity as an elector may also, if the person is a nominee of a body corporate or a group of persons who are ratepayers, vote in that capacity as a nominee. (9) The member presiding at a meeting of electors does not, in the event of an equality of votes, have a casting vote. (10) The chief executive officer of the council must ensure that minutes are kept of the proceedings at a meeting of electors. (11) Each member of the council must, within five days after a meeting of electors, be supplied with a copy of the minutes of the proceedings. (12) The member presiding at a meeting of electors must transmit a resolution passed at a meeting held under this section to the council. (13) A meeting of electors may be adjourned from time to time and from place to place. (14) The procedure to be observed to make a nomination for the purposes of subsection (3)(a)(ii) or (b)(ii) will be as determined by the council. (15) Subject to this Act, the procedure to be observed at a meeting of electors will be as determined by the person presiding at the meeting. Part 7—Related matters 93A—Audits by Ombudsman (1) The Ombudsman may, if the Ombudsman considers it to be in the public interest to do so, conduct a review of the practices and procedures (or of any aspect of the practices or procedures) of one or more councils or council committees under Part 3 or Part 4. (2) The Ombudsman may, in carrying out a review under this section, exercise the powers of the Ombudsman under the Ombudsman Act 1972 as if carrying out an investigation under that Act, subject to such modifications as may be necessary, or as may be prescribed. (3) At the conclusion of a review under this section, the Ombudsman may prepare a report on any aspect of the review. (4) A report may make recommendations to a council or councils. (5) The Ombudsman must supply a copy of any report to— (a) the Minister; and (b) any council that was under review, or that has (or had) a council committee that was under review, and may also publish any report, a part of any report, or a summary of any report, in such manner as the Ombudsman thinks fit. (6) The Minister may also publish any report, a part of any report, or a summary of any report, in such manner as the Minister thinks fit. (7) This section does not limit powers of investigation under other provisions of this or another Act. 94—Investigation by Ombudsman (1) The Ombudsman may, on receipt of a complaint, carry out an investigation under this section if it appears to the Ombudsman that a council may have unreasonably excluded members of the public from its meetings under Part 3 or unreasonably prevented access to documents under Part 4. (2) The Ombudsman may, in carrying out an investigation under this section, exercise the powers of the Ombudsman under the Ombudsman Act 1972 as if carrying out an investigation under that Act. (3) At the conclusion of an investigation under this section, the Ombudsman must prepare a written report on the matter. (4) The Ombudsman must supply the Minister and the council with a copy of the report, and may also publish the report, a part of the report, or a summary of the report, in such manner as the Ombudsman thinks fit. (5) If the Minister, after taking into account the report of the Ombudsman under this section, believes that the council has unreasonably excluded members of the public from its meetings under Part 3 or unreasonably prevented access to documents under Part 4, the Minister may give directions to the council with respect to the future exercise of its powers under either or both of those sections, or to release information that should, in the opinion of the Minister, be available to the public. (6) The Minister must, before taking action under subsection (5), give the council a reasonable opportunity to make submissions to the Minister in relation to the matter. (7) A council must comply with a direction under subsection (5). (7a) The Minister may also publish the report, a part of the report, or a summary of the report, in such manner as the Minister thinks fit. (8) This section does not limit other powers of investigation under other provisions of this or another Act. 95—Obstructing meetings A person who intentionally obstructs or hinders proceedings at a meeting of a council or council committee, or at a meeting of electors, is guilty of an offence. Maximum penalty: $1 250. Chapter 7—Council staff Part 1—Chief executive officer 96—Council to have a chief executive officer (1) Each council must have a chief executive officer. (2) The title of the office under subsection (1) is at the discretion of the council. 97—Vacancy in office (1) A chief executive officer's appointment may be terminated by the council— (a) on the ground that the chief executive officer— (i) has committed misconduct; or (ii) has been convicted of an indictable offence punishable by imprisonment; or (iii) has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or (iv) has, for any other reason, failed to carry out duties of the office satisfactorily or to any performance standards specified by the council or in any contract relating to his or her appointment; or (v) has breached in any other manner any contract relating to his or her appointment; or (b) on a ground or in circumstances specified in any contract relating to his or her appointment. (2) A chief executive officer's appointment is terminated if the chief executive officer— (a) resigns by notice in writing to the principal member of the council; or (c) is sentenced to imprisonment for an offence. (3) Neither subsection (1)(a)(ii) nor subsection (2)(c) applies until the period for appealing against the conviction has expired or, if there is an appeal, until the appeal is determined. (3a) Before terminating the appointment of a chief executive officer on a ground referred to in subsection (1)(a)(i), (iv) or (v) or (1)(b), a council must have regard to advice from a qualified independent person. (4) Subject to subsection (5), a chief executive officer who resigns under subsection (2)(a) may, before the date that the resignation takes effect, withdraw the resignation by notice in writing to the council. (5) A withdrawal under subsection (4) is void and of no effect unless the council, by resolution, accepts the withdrawal. 98—Appointment procedures (1) If a vacancy occurs or is about to occur in the office of chief executive officer, the council must take steps to fill the vacancy (or the pending vacancy). (2) The council must appoint a person to act in the position of chief executive officer until a vacancy is filled. (3) For the purpose of filling a vacancy, the council must invite applications by advertising on a website determined by the council, and may take other action as the council thinks appropriate. (4) The council must appoint a selection panel to assess applications for the position of chief executive officer, to recommend readvertisement or other additional steps (if necessary), and to make recommendations to the council on an appointment. (4a) The council must ensure that either or both of the following applies to the process for appointing a chief executive officer under this section: (a) the council appoints at least 1 person who is not a member or employee of the council to the selection panel; (b) before making the appointment to the office of chief executive officer, the council obtains and considers the advice of a qualified independent person on the assessment of applications and recommendations on the appointment under subsection (4) (and that advice may include recommendations to the council on the appointment). (5) The council makes the appointment to the office of chief executive officer. (6) This section does not apply in circumstances involving the reappointment of a chief executive officer following the completion of a term of office. 99—Role of chief executive officer (1) The functions of the chief executive officer include— (a) to ensure that the policies and lawful decisions of the council are implemented in a timely and efficient manner; (b) to undertake responsibility for the day-to-day operations and affairs of the council; (c) to provide advice and reports to the council on the exercise and performance of its powers and functions under this or any other Act; (d) to co-ordinate proposals for consideration by the council for developing objectives, policies and programs for the area; (e) to provide information to the council to assist the council to assess performance against its strategic management plans; (f) to ensure that timely and accurate information about council policies and programs is regularly provided to the council's community, and to ensure that appropriate and prompt responses are given to specific requests for information made to the council; (g) to ensure that the assets and resources of the council are properly managed and maintained; (h) to ensure that records required under this or another Act are properly kept and maintained; (i) to give effect to the principles of human resource management prescribed by this Act and to apply proper management practices; (ia) to ensure that effective policies, systems and procedures are established and maintained for the identification, assessment, monitoring, management and annual review of strategic, financial and operational risks; (ib) to report annually to the relevant audit and risk committee on the council's internal audit processes; (j) to exercise, perform or discharge other powers, functions or duties conferred on the chief executive officer by or under this or other Acts, and to perform other functions lawfully directed by the council. (2) The chief executive officer must consult with the council (to a reasonable degree) when determining, or changing to a significant degree— (a) the organisational structure for the staff of the council; or (b) the processes, terms or conditions that are to apply to the appointment of senior executive officers; or (c) the appraisal scheme that is to apply to senior executive officers. 99A—Remuneration of chief executive officer (1) Subject to this section, the remuneration of the chief executive officer of a council will be determined by the council. (2) The Remuneration Tribunal will determine (from time to time) the minimum and maximum remuneration that may be paid or provided to chief executive officers of councils. (3) In making a determination under subsection (2), the Remuneration Tribunal must have regard to any matter prescribed by the regulations. (4) A determination under subsection (2)— (a) may differ based on any factor including, for example, the geographical location of a council or group of councils (such that different minimum and maximum remuneration may be paid or provided to chief executive officers from different councils); and (b) may provide for minimum and maximum remuneration that may be paid or provided to chief executive officers to be indexed in accordance with the determination. (5) The regulations— (a) may make further provision in relation to a determination of the Remuneration Tribunal for the purposes of this section; and (b) may modify the application of section 10 of the Remuneration Act 1990 in relation to a determination under this section. (6) Sections 17 and 19 of the Remuneration Act 1990 do not apply in relation to a determination under this section. (7) A reference in the Remuneration Act 1990 to determining remuneration payable in respect of an office will, for the purposes of this section, be taken to include a reference to determining the minimum and maximum remuneration payable in respect of the office. (8) Despite any other Act or law, the reasonable costs of the Remuneration Tribunal in making a determination under this section are to be paid by the LGA under an arrangement determined by the Minister from time to time after consultation with the LGA and the President of the Tribunal. (9) The LGA may recover the reasonable costs incurred by the Remuneration Tribunal in making a determination under this section as a debt from the councils to which the determination relates. (10) A council must ensure that the remuneration of its chief executive officer is within the relevant minimum and maximum remuneration determined by the Remuneration Tribunal for the purposes of this section. 100—Council may have a deputy chief executive officer (1) The chief executive officer must, in determining the organisational structure for the council, in consultation with the council, decide whether to have a deputy to the chief executive officer. (2) The chief executive officer is responsible for appointing a person to an office created under subsection (1). (3) However, the chief executive officer must obtain the concurrence of the council before the chief executive officer makes an appointment to, or removes a person from, the position of deputy. (4) The title of the office under subsection (1) is at the discretion of the chief executive officer after consultation with the council. 101—Delegation by chief executive officer (1) The chief executive officer may delegate (or subdelegate) a power or function vested or conferred in or on the chief executive officer under this Act. (a) to an employee of the council, or to the employee for the time being occupying a particular office or position; or (b) to a committee comprising employees of the council; or (c) to an authorised person. (a) is subject to conditions and limitations determined by the chief executive officer; and (b) may constitute the further delegation of a power or function delegated by the council to the chief executive officer, unless the council has directed otherwise; and (c) is revocable at will and does not prevent the chief executive office from acting personally in a matter. (4) The chief executive officer must not subdelegate a power or function if its subdelegation is prohibited by the Act or instrument under which it was delegated to the chief executive officer. (5) This section does not limit or affect a power of delegation under another Act. 102—Person to act in absence of chief executive officer In the absence of the chief executive officer, the following provisions apply: (a) if there is a deputy to the chief executive officer—the deputy must act in the office of the chief executive officer; (b) if there is no deputy or the deputy is absent—a suitable person appointed by the chief executive officer after consultation with the council must act in the office; (c) if a person is not appointed under paragraph (b)—a suitable person must be appointed by the principal member of the council to act in the office (after taking into account the organisational structure of the council); (d) if a person is not appointed under paragraph (c)—a suitable person must be appointed by any three or more members of the council to act in the office (after taking into account the organisational structure of the council). 102A—Chief executive officer—performance review (1) A council must review the performance of its chief executive officer— (a) at least once in each year that the chief executive officer holds office as chief executive officer; and (b) if relevant, before reappointment of the chief executive officer. (2) The council must obtain and consider the advice of a qualified independent person on a review under subsection (1). Part 2—Appointment of other staff 103—Appointment etc by chief executive officer (1) The chief executive officer is responsible for appointing, managing, suspending and dismissing the other employees of the council (on behalf of the council). (2) The chief executive officer must ensure that an appointment under subsection (1) is consistent with strategic policies and budgets approved by the council. (3) The chief executive officer must, in acting under subsection (1), comply with any relevant Act, award or industrial agreement. (4) Suspension of an employee by the chief executive officer does not affect a right to remuneration in respect of the period of suspension. 104—Remuneration etc of other employees Subject to any relevant Act, award or industrial agreement, the remuneration and other conditions of service of an employee of a council will be as determined by the chief executive officer. 105—Register of remuneration, salaries and benefits (1) The chief executive officer of a council must ensure that a record (the Register of Salaries) is kept in which is entered, in accordance with principles (if any) prescribed by the regulations— (a) the title of each position held by an employee of the council; and (b) in relation to those positions held by employees who are paid according to salary scales set out in an award or industrial agreement— (i) the classifications of the employees who hold those positions; and (ii) the salary scales applicable to each classification (indicating in relation to each scale the number of employees who are paid according to that scale); and (iii) details of other allowances or benefits paid or payable to, or provided for the benefit of, any of those employees as part of a salary package; and (c) in relation to each position held by an employee who is not paid according to a salary scale set out in an award or industrial agreement referred to above— (i) the salary payable to the employee who holds that position; and (ii) details of other allowances and benefits paid or payable to, or provided for the benefit of, the employee as part of a remuneration package. (2) The chief executive officer must ensure that a record is made in the Register of Salaries within 28 days after— (a) a change in the salary, wage or remuneration, or an allowance or benefit, payable to, or provided for the benefit of, an employee; or (b) the payment or provision of an allowance or benefit not previously recorded in the Register, (insofar as may be necessary or appropriate in the circumstances of the particular case). (5) A chief executive officer is not required to include in a Register of Salaries details of any reimbursement of expenses incurred by an employee in performing official duties unless that reimbursement occurs by way of the periodic payment of a lump sum that is not calculated so as to provide exact reimbursement of expenses incurred by an employee in performing official duties. 106—Certain periods of service to be regarded continuous (1) If an employee leaves the service of a council and, within 13 weeks of having done so, enters the service of another council without having commenced other remunerated employment within that intervening period, the periods of service will, for the purpose of calculating present and accruing rights to long service leave and sick leave, be taken to constitute a single continuous period of service. (2) If an employee engaged by a council is entitled to the benefit of subsection (1), that council is entitled to receive from the other council a contribution of an amount calculated in accordance with the regulations. (2a) Payment of the contribution must be made within one month after receipt of a written notice requiring that payment. (3) On default of payment, the amount of a contribution payable under this section may be recovered as a debt. (4) A council must at the request of another council supply that other council with details of the service of an employee or former employee of the council. (5) The amount of a contribution received by a council under this section must be held and applied in accordance with the regulations. (6) The regulations may— (a) extend the operation of this section to other authorities or bodies; and (b) modify the application of this section in relation to such an authority or body (in particular by requiring employment or periods of service outside the local government sector to be disregarded). council includes a subsidiary constituted under this Act. Part 3—Human resource management principles 107—General principles of human resource management (1) The chief executive officer must ensure that sound principles of human resource management are applied to employment in the administration of the council, and must take reasonable steps to ensure that those principles are known to all employees. (2) In particular, the chief executive officer must ensure— (a) that selection processes are based on an assessment of merit, and are fair and equitable; and (b) that employees are given reasonable access to training and development, and are afforded equal opportunities to secure promotion and advancement; and (c) that employees are treated fairly and consistently, and are not subject to arbitrary or capricious decisions; and (d) that employees have access to suitable processes to deal with grievances concerning working conditions or the decisions of supervisors; and (e) that employees are given regular reports on their performance; and (f) that employees are provided with safe and healthy working conditions; and (fa) that employees are protected from sexual harassment by members of the council or other employees and that appropriate processes exist for dealing with complaints of employees relating to sexual harassment; and (g) that an equal employment opportunity program relating to employment with the council is implemented, and reviewed on a regular basis; and (h) that there is no unlawful discrimination against employees or persons seeking employment in the administration of the council on the ground of sex, sexuality, marital status, pregnancy, race, physical or intellectual impairment, age or any other ground and that there is no other form of unjustifiable discrimination exercised against employees or persons seeking employment. equal employment opportunity program, in relation to a council, means a program designed to ensure that all persons have equal opportunities with others in securing employment with the council and subsequent promotion or advancement and in other respects in relation to employment with the council. Part 4—Employee integrity and behaviour Division 1—Employee integrity 108—Interpretation employee of a council includes a person working for the council on a temporary basis; registered industrial association means an industrial association or organisation registered under a law of the State or of the Commonwealth. 109—General duty and compliance (1) An employee of a council must at all times act honestly in the performance of official duties. (2) An employee of a council must at all times act with reasonable care and diligence in the performance of official duties. (3) An employee of a council must comply with the integrity provisions relating to employees. (4) Contravention of, or failure to comply with, an integrity provision by an employee of a council constitutes a ground for suspending, dismissing or taking other disciplinary action against the employee. 110A—Duty to protect confidential information (1) An employee or former employee of a council must not disclose information or a document— (a) in relation to which there is an order of a council or council committee in effect under section 90 or 91(7) requiring the information or document to be treated confidentially; or (b) that the employee or former employee knows, or ought reasonably to know, is information or a document that is otherwise required to be treated confidentially. (2) Nothing in subsection (1) prohibits the disclosure of information or a document where the disclosure is required or authorised by law. 111—Application of Subdivision This Subdivision applies to— (a) the chief executive officer of a council; and (b) any other officer, or any other officer of a class, declared by a council to be subject to the operation of this Subdivision. 112—Interpretation prescribed officer means an officer within the ambit of a declaration under section 111(b); Register means a Register of Interests kept for the purposes of this Subdivision; return period, in relation to an ordinary return of a person, means— (a) in the case of a person whose last return was a primary return—the period between the date of the primary return and 30 June next following; and (b) in the case of any other person—the period of 12 months expiring on 30 June on or within 60 days after which the ordinary return is required to be submitted. 113—Lodging of primary returns Each person to whom this Subdivision applies must, within 30 days after appointment (not being a reappointment), submit a primary return— (a) in the case of the chief executive officer—to the principal member of the council; (b) in the case of a prescribed officer—to the chief executive officer. 114—Lodging of ordinary returns Each person to whom this Subdivision applies must, on or within 60 days after 30 June in each year, submit an ordinary return— (a) in the case of the chief executive officer—to the principal member of the council; (b) in the case of a prescribed officer—to the chief executive officer. 115—Form and content of returns (1) A return must be in the prescribed form and contain the prescribed information. (2) A person who has submitted a return under this Subdivision may at any time submit a change or variation in the information appearing on the Register in respect of the person or a member of his or her family. 116—Register of Interests (1) The chief executive officer must maintain a Register of Interests and must cause to be entered in the Register all information furnished pursuant to this Subdivision (including by the chief executive officer). (2) If a person to whom this Subdivision applies (other than the chief executive officer) fails to submit a return to the chief executive officer within the time allowed by this Subdivision, the chief executive officer must as soon as practicable notify the person, in writing, of that fact. 117—Provision of false information A person who submits a return under this Subdivision that is to the knowledge of the officer false or misleading in a material particular (whether by reason of information included in or omitted from the return) is guilty of an offence. 118—Inspection of Register The chief executive officer must, at the request of a member of the council, permit the member to inspect the Register. 119—Restrictions on disclosure (1) A person must not disclose to any other person any information furnished pursuant to this Subdivision unless the disclosure— (a) is necessary for the purposes of the preparation or use of the Register by the chief executive officer; or (b) is made at a meeting of the council, a council committee or a subsidiary of the council. (2) Despite any other provision of this Act— (a) the public must be excluded from attendance at any part of a meeting of the council, a council committee or a subsidiary of the council where information is disclosed under subsection (1)(b); and (b) any part of the minutes of a meeting of the council, a council committee or a subsidiary of the council which contains information disclosed under subsection (1)(b) is not available for public inspection under this Act.