Subdiv 2Behavioural standards panel

Subdivision 2—Behavioural standards panel 262F—Establishment and constitution (1) The Behavioural Standards Panel is established. (2) The Panel— (b) has perpetual succession and a common seal; and (c) is capable of suing and being sued in its corporate name; and (d) has all the powers of a natural person that are capable of being exercised by a body corporate and, in particular, has all the powers necessary or expedient for, or incidental to, the performance of its functions. (3) The Panel consists of the following members appointed by the Governor— (a) a member nominated jointly by the Minister and the LGA to be the presiding member of the Panel; and (b) a member nominated by the Minister; and (c) a member nominated by the LGA. (4) A member or employee of a council cannot be appointed as a member of the Panel. (5) The Minister and the LGA must, when nominating persons for appointment as members of the Panel, seek to ensure that, as far as is practicable, the members of the Panel collectively have qualifications, knowledge, expertise and experience in the following areas: (a) local government or public administration; (b) law; (c) administrative or disciplinary investigation; (d) industrial relations; (e) dispute resolution, conflict management, human resource management or organisational psychology. (6) In addition, before nominating a person for appointment as a member of the Panel, the Minister (in the case of the presiding member or the member nominated by the Minister) or the LGA (in the case of the member nominated by the LGA) must ensure that a registered industrial association that represents the interests of employees of councils specified by the Minister by notice in the Gazette is consulted on the proposed nomination. 262G—Conditions of membership (1) A member of the Panel will be appointed on such conditions and for such term, not exceeding 5 years, as the Governor may determine and on the expiration of a term of office will be eligible for reappointment. (2) The Governor may remove a member of the Panel from office— (a) for breach of, or failure to comply with, a condition of appointment; or (b) for failure or incapacity to carry out official duties satisfactorily; or (c) for misconduct; or (d) on the recommendation of the Minister. (3) The Minister cannot make a recommendation under subsection (2)(d) unless the LGA consents to the making of the recommendation. (4) The office of a member of the Panel becomes vacant if the member— (c) resigns by written notice addressed to the Minister; or (d) is convicted of an indictable offence or sentenced to imprisonment for an offence; or (e) becomes a member of an Australian Parliament; or (f) becomes a member or employee of a council; or (g) is removed from office by the Governor under subsection (2). (5) On the office of a member of the Panel becoming vacant, a person must be appointed in accordance with this Act to the vacant office. 262H—Acting member (a) a member is unable to perform official functions or duties; or (b) the office of a member is vacant, the Governor may appoint a person to act in the office of the member for a period of up to 6 months on conditions determined by the Governor. (2) If a member is unable to act in relation to a particular matter, the Minister may appoint a person to act in the office of the member in relation to that matter on conditions determined by the Minister. (3) Section 262G(2) to (5) (inclusive) apply to an acting member as if they were appointed under section 262F. 262I—Meetings of Panel (1) Subject to this Part— (a) a meeting of the Panel will be presided over by the presiding member and, in the absence of that member, a member chosen by those present will preside; and (b) 2 members constitute a quorum of the Panel and no business may be transacted at a meeting of the Panel unless a quorum is present; and (c) each member present at a meeting of the Panel is entitled to 1 vote on a matter arising for decision at the meeting and the person presiding at the meeting has, in the event of an equality of votes, a second or casting vote; and (d) a decision carried by a majority of the votes cast by the members present at a meeting of the Panel is a decision of the Panel; and (e) the Panel may otherwise determine its own procedures. (2) A conference by telephone or other electronic means between the member of the Panel will, for the purposes of this section, be taken to be a meeting of the Panel at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the Panel for the purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (3) A proposed resolution of the Panel becomes a valid decision of the Panel despite the fact that it is not voted on at a meeting of the Panel if— (a) notice of the proposed resolution is given to all members in accordance with procedures determined by the Panel; and (b) a majority of the members express concurrence in the proposed resolution by email or other written communication setting out the terms of the resolution. (4) The Panel must cause minutes to be kept of its meetings. 262J—Remuneration and expenses The members of the Panel are entitled to such fees, allowances and expenses as the Governor may approve. 262K—Staff (1) The Panel will have such staff (comprised of persons employed in the Public Service of the State) as is necessary for the purposes of the performance of the Panel's functions under this and any other Act. (2) The Panel may, by arrangement with the appropriate authority, make use of the services, facilities or employees of a government department, agency or instrumentality. 262L—Validity of acts of Panel An act or proceeding of the Panel is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 262M—Costs (1) The reasonable costs of establishing the Panel, and the reasonable ongoing administrative and operational costs of the Panel, are to be paid by the LGA under an arrangement established by the Minister from time to time after consultation with the LGA. (2) The LGA may recover (from time to time) the costs payable by the LGA under an arrangement under subsection (1) as a debt from councils. (3) The Panel may recover reasonable costs incurred in relation to a complaint against a member of a council referred to the Panel under Subdivision 3 as a debt due from the relevant council. 262N—Functions (1) The primary function of the Panel is to assess and deal with complaints referred to the Panel under Subdivision 3. (2) In addition, the Panel may— (a) publish practice directions relating to practices and procedures in respect of matters before the Panel; and (b) publish guidance material relating to the performance of its functions under this Division, including with respect to the interpretation or application of a provision of this Division; and (c) perform other functions conferred on the Panel by or under this or any other Act. 262O—Delegation (1) Subject to subsection (2), the Panel may delegate a function or power conferred on the Panel, other than a function or power under Subdivision 3 or a prescribed function or power— (a) to a specified person or body; or (b) to a person occupying or acting in a specified office or position. (2) A delegation— (a) may be made subject to conditions or limitations specified in the instrument of delegation; and (b) may, if the instrument of delegation so provides, be further delegated; and (c) is revocable at will and does not prevent the Panel from acting in a matter. 262P—Annual report (1) The Panel must, on or before 30 September in each year, submit a report to the Minister on the activities of the Panel during the previous financial year. (2) The Minister must, within 12 sitting days after receipt of a report under subsection (1), cause copies of that report to be laid before each House of Parliament. Subdivision 3—Inquiries and action on complaints referred to Panel 262Q—Referral A complaint alleging misbehaviour, repeated misbehaviour or serious misbehaviour by a member of a council may be referred to the Panel by— (a) resolution of the council; or (b) the principal member of the council; or (c) at least 3 members of the council; or (d) a responsible person in accordance with section 75G(5). 262R—Proceedings of Panel (1) One or more functions or powers of the Panel under section 262S, 262T, 262U or 262V may be exercised by the presiding member on behalf of the Panel. (2) The Panel (or the presiding member acting on its behalf) may appoint an investigator to conduct an inquiry under section 262T into a complaint referred to the Panel under this Subdivision. (3) Any questions of law or procedure arising before the Panel will be determined by the presiding member and any other questions arising before the Panel sitting as a whole will be determined by unanimous or majority decision of the members (unless there is an equal division of opinion, in which case, the decision of the presiding member will be the decision of the Panel). (4) If a member of the Panel as constituted under this section (other than the presiding member) dies, or is for any other reason unable to continue with the proceedings before the Panel, the Panel constituted of the remaining members may, if the presiding member so determines, continue and complete the proceedings. 262S—Assessment (1) The Panel may refuse to deal with a complaint referred to the Panel under this Subdivision or, having commenced dealing with a complaint, determine to take no further action on it if the Panel is satisfied— (a) that the subject matter of the complaint is trivial; or (b) that the complaint is frivolous or vexatious or is not made in good faith; or (c) that the complainant or the person on whose behalf the complaint was made does not have a sufficient personal interest in the matter raised in the complaint; or (d) that, having regard to all the circumstances of the case, it is unnecessary or unjustifiable for the Panel to deal with or continue to deal with the complaint; or (e) that the subject matter of the complaint has been or is already being assessed or investigated, whether by the Panel or another person or body (but disregarding any dealing with the complaint by the relevant council following which the matter was referred to the Panel); or (f) that the council has dealt with the complaint adequately; or (g) that it is otherwise in the public interest to refuse to deal with, or determine to take no further action on, the complaint. (2) If the person primarily affected by the behaviour that is the subject of a complaint is an employee of a council, the Panel must, before refusing to deal with, or determining to take no further action on, the complaint, invite and recognise submissions from a registered industrial association that represents the interests of council employees. (3) If a complaint is made and the Panel refuses to deal with, or determines to take no further action on, the complaint, the Panel must inform the person or body that referred the complaint to the Panel under this Subdivision of that decision and of the reasons for it. (4) The Panel may refer a complaint referred to it under this Subdivision to the relevant council if the Panel considers that the complaint does not allege misbehaviour, repeated misbehaviour or serious misbehaviour by a member of a council. 262T—Inquiries (1) The Panel may inquire into a complaint referred to the Panel under this Subdivision in such manner as the Panel considers appropriate. (2) However, an inquiry must be conducted in accordance with the principles of procedural fairness. (3) In addition, the Panel must ensure that, during an inquiry relating to a complaint where the person primarily affected by the behaviour that is the subject of the complaint is an employee of a council, any registered industrial association representing the employee in the matter is given an opportunity to make submissions relating to the inquiry. 262U—Powers relating to inquiries (1) The Panel or an investigator conducting an inquiry under this Division may, in connection with the inquiry— (a) by summons signed by the Panel or investigator (as the case requires), require a person's attendance; and (b) require a person to answer, orally or in writing, questions to the best of their knowledge, information and belief; and (c) require a person to verify an answer under paragraph (b) by declaration; and (d) require a council or person to produce any relevant documents or other records; and (e) retain documents or other records produced under paragraph (d) for reasonable periods and make copies of them or their contents; and (f) call for or receive submissions or representations. (2) Subject to subsection (3), a person or council must not refuse or fail to comply with a requirement under subsection (1). (3) A person is not obliged to comply with a requirement under subsection (1) if to do so might incriminate the person of an offence, and a person or a council is not required to provide information under subsection (1) that is privileged on the ground of legal professional privilege. (4) In the exercise or performance of a power or function under this Subdivision, the Panel— (a) must proceed with as little formality and technicality and with as much expedition as the requirements of this or any other Act and a proper consideration of the matter permit; and (b) is not bound by rules of evidence but may inform itself of any matter in any manner that the Panel considers appropriate. 262V—Dispute resolution (1) The Panel may, at any time, arrange for mediation, conciliation, arbitration or other dispute or conflict resolution (alternative dispute resolution) to be conducted in relation to the subject matter of a complaint referred under this Subdivision. (2) If agreement is reached through alternative dispute resolution— (a) the agreement must be recorded in writing and signed by the parties to the agreement and by a member of the Panel on behalf of the Panel; and (b) a copy of the agreement must be given to each of the parties. (3) The Panel may, if satisfied that the subject matter of a complaint has been properly resolved by alternative dispute resolution, determine to take no further action on the complaint. 262W—Action (1) The Panel may, after inquiring into a complaint referred to the Panel under this Subdivision, by order do 1 or more of the following: (a) reprimand the member (including by means of a public statement); (b) direct the council to pass a censure motion in respect of the member; (c) require the member to issue a public apology (in a manner determined by the Panel); (d) require the member to attend a specified course of training or instruction, or to take other steps; (e) require the member to reimburse the council a specified amount (which may include the reimbursement of the council's costs relating to investigation of the complaint and giving effect to an order under this section); (f) remove or suspend the member from 1 or more offices held in the member's capacity as a member of the council or by virtue of being a member of the council (other than the office of member of the council); (g) suspend the member from the office of member of the council for a period not exceeding 3 months, with or without an allowance (as determined by the Panel); (h) direct the council to lodge a complaint against the member with SACAT. (2) If the person primarily affected by the behaviour that is the subject of a complaint referred to the Panel under this Subdivision is an employee of a council, the Panel must, before determining whether or not to take action under this section, ensure that any registered industrial association representing the employee is given an opportunity to make submissions on the matter. (3) If action is taken in respect of a member of a council under this section, the Panel— (a) must provide a report on the matter to the council; and (b) may require— (i) the report to be considered in public at a meeting of the council; and (ii) the council to provide a report to the Panel, within a period and in such manner as is specified by the Panel, detailing— (A) if the Panel made an order requiring the member to take action under subsection (1)—the member's compliance with the requirement; or (B) if the Panel made an order directing the council to take action under subsection (1)—the council's compliance with the direction. (4) If a member of a council fails to comply with an order of the Panel requiring the member to take action under subsection (1), the council is to ensure that a complaint is lodged against the member with SACAT. (5) If the Panel considers that a council has failed to comply with a direction or requirement of the Panel under this section, the Panel may provide a report to the Minister on the matter. 262X—Reports on inquiries (1) The Panel may publish, in such manner as the Panel thinks fit, a report on— (a) an inquiry under this Subdivision; or (b) a complaint that the Panel refused to deal with, or determined to take no further action on. (2) The Panel may— (a) provide a report under subsection (1) relating to a member of a council to the council; and (b) require the report to be considered in public at a meeting of the council. (3) If a report under subsection (1) relates to a complaint where the person primarily affected by the behaviour that is the subject of the complaint is an employee of a council, the Panel must provide the report to any registered industrial association representing the employee. (4) The Panel may, in providing a report to a registered industrial association under subsection (3), require the registered industrial association to ensure that the whole or a specified part of the report is not disclosed to any other person or otherwise published. (5) A registered industrial association that contravenes or fails to comply with a requirement under subsection (4) is guilty of an offence. (6) Nothing in this section limits section 262W. Part 1—Member integrity—complaints, investigations and proceedings 263A—Investigations by Ombudsman (1) The Minister may refer to the Ombudsman for investigation and report under the Ombudsman Act 1972 any matter alleged to involve a contravention of, or failure to comply with, an integrity provision by a member of a council. (2) Any person may make a complaint to the Ombudsman setting out matters alleged to involve a contravention of, or failure to comply with, an integrity provision by a member of a council. (3) The Ombudsman may, on his or her own initiative, carry out an investigation under the Ombudsman Act 1972 of matters that may involve a contravention of, or failure to comply with, an integrity provision by a member of a council. (4) For the purposes of the Ombudsman Act 1972, all acts that may involve a contravention of, or failure to comply with, an integrity provision by a member of a council will be taken to be administrative acts. 263B—Outcome of Ombudsman investigation (1) The recommendations that may be made by the Ombudsman under the Ombudsman Act 1972 on the completion of an investigation of the complaint include— (a) a recommendation requiring the council to— (i) reprimand the member (including by means of a public statement); or (ii) suspend the member from any office under this Act for a period not exceeding 3 months, with or without an allowance (as determined by the Ombudsman); or (iii) ensure that a complaint is lodged against the member with SACAT; or (b) a recommendation requiring the member to— (i) issue a public apology (in a manner determined by the Ombudsman); or (ii) attend a specified course of training or instruction; or (iii) take other steps; or (iv) reimburse the council a specified amount (which may include the reimbursement of the council's costs relating to investigation of the complaint and giving effect to a recommendation of the Ombudsman under this section). (2) If a member of a council fails to comply with a recommendation of the Ombudsman requiring the member to take action under subsection (1), the council is to ensure that a complaint is lodged against the member with SACAT. (3) A council is taken to have the power to act according to the Ombudsman's recommendations. 264—Complaint lodged with SACAT (a1) A complaint against a member of a council may be lodged with SACAT under this section on the ground— (a) that the member has contravened or failed to comply with an integrity provision; or (b) of alleged misbehaviour, repeated misbehaviour or serious misbehaviour by the member (within the meaning of Part A1 Division 2); or (c) that the member has contravened or failed to comply with— (i) a recommendation of the Ombudsman requiring the member to take action under section 263B(1); or (ii) an order of the Panel requiring the member to take action under section 262W(1). (1) A complaint on a ground referred to in subsection (a1) may be lodged with SACAT by— (a) a person authorised in writing by the Minister or the council for the purposes of this section; or (b) the chief executive officer of the council. (2) However, a person referred to in subsection (1)(a) or (b) may not lodge a complaint on the ground set out in subsection (a1)(a) unless the matter has been investigated by the Ombudsman or the Independent Commission Against Corruption. (2a) In addition, a complaint may not be lodged by the chief executive officer of a council on the ground set out in subsection (a1)(b) unless the matter has been inquired into by the Panel. (3) An apparently genuine document purporting to be an authorisation under subsection (1)(a) will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof that the authorisation has been given. (4) The complaint must be lodged within a time prescribed by the rules of SACAT under section 94 of the South Australian Civil and Administrative Tribunal Act 2013. 265—Hearing by SACAT (1) On the lodging of a complaint, SACAT may conduct a hearing for the purpose of determining whether a ground on which the complaint was lodged exists. (2) Without limiting the powers under the South Australian Civil and Administrative Tribunal Act 2013 of SACAT, SACAT may during the hearing— (a) allow an adjournment to enable the Ombudsman, the Independent Commission Against Corruption or another person or body to investigate or further investigate matters to which the complaint relates; and (b) allow the modification of the complaint or additional allegations to be included in the complaint subject to any conditions as to adjournment and notice to parties and other conditions that SACAT may think fit to impose. (3) SACAT may at any time dismiss a complaint if it considers— (a) that the matter is frivolous or vexatious; or (b) that the matter raised in the complaint is trivial; or (c) that the complainant does not have a sufficient interest in the matter to which the complaint relates; or (d) that there is some other good reason for not allowing the matter to proceed under this Part. 266—Constitution of SACAT (1) For the purposes of proceedings before the Tribunal under this Part, the following panels of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013: (a) a panel consisting of persons representative of elected members in local government; (b) a panel consisting of persons with experience in dealing with complaints against public officials. (2) In any proceedings under this Part, the Tribunal may, if the President of the Tribunal so determines, sit with 1 or more assessors. 267—Outcome of proceedings (1) On the hearing of a complaint, SACAT may, if it is satisfied that a ground on which the complaint was lodged exists and that there is proper cause for taking action against the person to whom the complaint relates, by an order or orders do one or more of the following: (a) reprimand the person (including by means of a public statement); (b) require the person to attend a specified course of training or instruction, to issue an apology in a particular form or to take other steps; (ba) require the person to reimburse the council a specified amount (which may include the reimbursement of the council's costs relating to investigation of the complaint and giving effect to an order under this section); (c) impose a fine not exceeding $15 000 on the person; (d) suspend the person from any office under this Act for a period not exceeding 6 months; (e) disqualify the person from any office under this Act; (f) disqualify the person from becoming a member of a council, a council committee or a subsidiary of a council for a period not exceeding five years. (2) If a person is disqualified under subsection (1)(e), the office immediately becomes vacant. (3) A fine imposed under subsection (1) is payable to general revenue in accordance with an order of SACAT. (a) a person has been found guilty of an offence; and (b) the circumstances of the offence form, in whole or in part, the subject matter of the complaint, the person is not liable to a fine under this section in respect of conduct giving rise to the offence. 268—Application to committees and subsidiaries (1) The provisions of this Part extend to committees and to members of committees established by councils as if— (a) a committee were a council; and (b) a member of a committee were a member of a council. (2) The provisions of this Part extend to subsidiaries and to board members of subsidiaries as if— (b) a board member of a subsidiary were a member of a council. Part 2—Internal review of council actions 270—Procedures for review of decisions and requests for services (a1) A council must develop and maintain policies, practices and procedures for dealing with— (a) any reasonable request for the provision of a service by the council or for the improvement of a service provided by the council; and (b) complaints about the actions of the council, employees of the council, or other persons acting on behalf of the council. (a2) The policies, practices and procedures required under subsection (a1) must be directed towards— (a) dealing with the relevant requests or complaints in a timely, effective and fair way; and (b) using information gained from the council's community to improve its services and operations. (1) Without limiting subsections (a1) and (a2), a council must establish procedures for the review of decisions of— (a) the council; (b) employees of the council; (c) other persons acting on behalf of the council. (2) The procedures must address the following matters (and may address other matters): (a) the manner in which an application for review may be made; (b) the assignment of a suitable person to reconsider a decision under review; (c) the matters that must be referred to the council itself for consideration or further consideration; (ca) in the case of applications that relate to the impact that any declaration of rates or service charges may have had on ratepayers—the provision to be made to ensure that these applications can be dealt with promptly and, if appropriate, addressed through the provision of relief or concessions under this Act; (d) the notification of the progress and outcome of an application for review; (e) the time frames within which notifications will be made and procedures on a review will be completed. (2a) In addition, the procedures must provide that— (a) an application for review must be made within 6 months of the making of the decision of which review is sought (the reviewable decision); and (b) the council may allow an application to be made more than 6 months after the making of the reviewable decision in appropriate cases. (3) An application for review must be accompanied by the prescribed fee. (3a) A council may, as the council thinks fit, reduce, waive or refund (in whole or part) the fee under subsection (3). (4) A council, or a person assigned to consider the application, may refuse to consider an application for review if— (a) the application is made by an employee of the council and relates to an issue concerning his or her employment; or (b) it appears that the application is frivolous or vexatious; or (c) the applicant does not have a sufficient interest in the matter; or (d) the council or person (as the case requires) is satisfied that the subject matter of the application has been or is already the subject of a review by the council or an investigation, inquiry or review by another authority. (4a) The policies, practices and procedures established under this section— (a) must not provide for a review of a decision of a council— (i) to refuse to deal with, or determine to take no further action in relation to, a complaint under Part A1 Division 1 by a person who is dissatisfied with the decision; or (ii) relating to a recommendation of the Ombudsman under Part 1; and (b) must be consistent with any requirement prescribed by the regulations. (6) A council may amend the policies, practices or procedures established by the council under this section from time to time. (7) Nothing in this section prevents a person from making a complaint to the Ombudsman at any time under the Ombudsman Act 1972. (8) A council must, on an annual basis, initiate and consider a report that relates to— (a) the number of applications for review made under this section; and (b) the kinds of matters to which the applications relate; and (c) the outcome of applications under this section; and (d) such other matters as may be prescribed by the regulations. (9) The right of a council to recover rates is not suspended by an application for the provision of some form of relief or concession with respect to the payment of those rates (but a council may then, if appropriate in view of the outcome of the application, refund the whole or a part of any amount that has been paid). 271—Mediation, conciliation and neutral evaluation (1) A council may, as part of, or in addition to, the procedures established under section 270, make provision for disputes between a person and the council to be dealt with under a scheme involving mediation, conciliation or neutral evaluation under this section. (2) A scheme made under this section must provide for the constitution of panels of persons who are available to act as mediators, conciliators and evaluators, and for the selection of an appropriate mediator, conciliator or evaluator if a dispute is to be dealt with under this section. (3) For the purposes of mediation proceedings— (a) the mediator may call a conference of the parties to the dispute and at that conference seek to identify the issues and the possibilities of resolving the matter by agreement; and (b) a conference may be adjourned from time to time by the mediator; and (c) the mediator may at any time interview the parties separately or together; and (d) the mediator may at any time bring the proceedings to an end if the mediator considers that the proceedings will not result in an agreed settlement between the parties. (3a) For the purposes of conciliation proceedings— (a) the conciliator may call a conference of the parties to the dispute and at that conference seek to identify the issues and to provide advice as to how the matter might be settled through the conciliation proceedings; and (b) the conciliator may make a recommendation for the resolution of the dispute; and (c) a conference may be adjourned from time to time by the conciliator; and (d) the conciliator may at any time bring the proceedings to an end if the conciliator considers that the proceedings will not result in a settlement of the matter. (4) For the purposes of conducting neutral evaluation of a dispute— (a) the parties must attend before the evaluator at a time and place determined by the evaluator; and (b) the evaluator must hear the parties and seek to— (i) identify and reduce the issues of fact and law that are in dispute; and (ii) assess the relative strengths and weaknesses of each party's case; and (iii) offer an opinion of the likely outcome of further proceedings; and (c) the evaluator may at any time interview the parties separately or together. (5) A mediator, conciliator or evaluator may otherwise inform himself or herself on a matter as he or she thinks fit. (6) Evidence of anything said or done in an attempt to resolve a matter by mediation, conciliation or neutral evaluation under this section must not be disclosed in subsequent proceedings. (7) Costs and expenses associated with the appointment and work of a mediator, conciliator or evaluator under this section will be shared equally between the council and the other party. (8) No civil liability attaches to a mediator, conciliator or evaluator acting in good faith under this section. (9) Nothing in this section prevents a person from making a complaint to the Ombudsman at any time under the Ombudsman Act 1972. Part 3—Reviews initiated by Minister Division 1—Councils 271A—Provision of information to Minister (1) A council must, at the request of the Minister, provide to the Minister specified information, or information of a specified kind, relating to the affairs or operations of the council. (2) A request by the Minister under subsection (1)— (b) must incorporate a statement setting out the reasons for the request; and (c) may specify a period within which the information must be provided. (3) A council may provide information in accordance with a request under subsection (1) even if— (a) the information was given to the council in confidence; or (b) the information— (i) relates to a matter dealt with on a confidential basis under Chapter 6 Part 3; or (ii) is held on a confidential basis under Chapter 6 Part 4. (4) The provision of information by a council under this section will not— (a) constitute a breach of, or default under, a contract, agreement, understanding or undertaking; or (b) constitute a breach of a duty of confidence; or (c) constitute a civil or criminal wrong; or (d) terminate an agreement or obligation or fulfil any condition that allows a person to terminate an agreement or obligation, or give rise to any other right or remedy; or (e) affect the status of any document for the purposes of the Freedom of Information Act 1991 (and, in particular, if information is contained in a document that is an exempt document under that Act in the possession of the council then the document will remain an exempt document in the possession of the Minister). (5) A request under this section will not extend to information that is privileged on the ground of legal professional privilege. 271B—Minister may take steps to ensure reasonable standards are observed (1) The Minister may, after taking into account such matters as the Minister thinks fit, request a council— (a) to obtain an independent assessment of its probity or its compliance with any requirement placed on the council under this or any other Act; or (b) without limiting paragraph (a)—to take specified action to meet standards in the conduct or administration of the affairs of the council identified by the Minister as being consistent with the objects of this Act, or any principles or requirements applying under this Act. (2) However, the Minister should not act under subsection (1) unless satisfied that the particular circumstances warrant action being taken under this section. 272—Minister may refer investigation of council to Ombudsman (1) The Minister may refer to the Ombudsman for investigation and report a matter in respect of which the Minister has reason to believe that— (a) a council has contravened or failed to comply with this or another Act; or (b) a council has failed to discharge a responsibility under this or another Act; or (c) an irregularity has occurred in the conduct of the affairs of a council (in relation to matters arising under this or another Act). (2) The referral may be made on the basis of a report received under this Act from an auditor or on any other basis. (3) Before referring a matter, the Minister must give the council a reasonable opportunity to explain its actions and make submissions unless the Minister considers that the giving of notice would be likely to undermine the investigation of the matter. (4) The Ombudsman must, at the request of the Minister, provide to the Minister an interim report relating to the investigation, or to any aspect of the investigation specified by the Minister. (5) The Minister must supply the council with a copy of an interim report and give the council a reasonable opportunity to make submissions to the Minister in relation to the matter unless the Minister considers that providing the report or such an opportunity would be likely to undermine the investigation. 273—Action on report (1) The Minister may, on the basis of— (a) information provided by the Independent Commission Against Corruption; or (b) a report of the Auditor-General (under this or another Act); or (c) a report of the Ombudsman (under this or another Act); or (d) a report of the Behavioural Standards Panel under section 262W; or (e) a report of a person who held an appointment as administrator of a defaulting council under this section provided to the Minister on, or within 6 months after, the cessation of the period of administration of the council, take action under this section. (2) Subject to subsection (2a), the action that the Minister may take is any of the following: (a) the Minister may make recommendations to a council; (b) if the Minister considers— (i) that a council has contravened or failed to comply with a provision of this or another Act; or (ii) that a council has failed to discharge a responsibility under this or another Act; or (iii) that an irregularity has occurred in the conduct of the affairs of a council (in relation to matters arising under this or another Act); or (iv) that a council has failed to respond appropriately to a recommendation of the Independent Commission Against Corruption or the Ombudsman; or (iva) that a council has failed to comply with a direction or requirement of the Panel under section 262W; or (v) that a council has failed to address appropriately a matter that formed the basis of a request under section 271B, the Minister may give directions to the council to rectify the matter, or to prevent a recurrence of the act, failure or irregularity; (c) if the Minister considers that there has been— (i) a serious contravention or failure on the part of a council to comply with a provision of this or another Act; or (ii) a serious failure on the part of a council to discharge a responsibility under this or another Act; or (iii) a serious irregularity in the conduct of the affairs of a council (in relation to matters arising under this or another Act); or (iv) a failure to comply with a direction under subsection (2)(b); or (v) a failure to comply with a requirement to take specified action in respect of a subsidiary for the purposes of section 275, and accordingly that the council should be declared as a defaulting council under this Division—the Minister may recommend to the Governor that the council be declared to be a defaulting council. (2a) The only action that the Minister may take under subsection (2) on the basis of a report of a kind referred to in subsection (1)(e) is action of a kind referred to in subsection (2)(a). (3) The Minister must, before taking action under subsection (2)(b) or (c), give the council a reasonable opportunity to make submissions to the Minister on the report on which the action is based. (5) If the Minister makes a recommendation under subsection (2)(c), the Governor may, by proclamation— (a) declare the council to be a defaulting council; and (b) appoint a suitable person or suitable persons to be administrator or administrators of the affairs of the council. (6) If a proclamation is made under subsection (5), the Minister must, within the first five sitting days after the date of the proclamation, cause a report to be laid before both Houses of Parliament of the circumstances giving rise to the making of the proclamation. (7) If the Governor makes a proclamation under subsection (5), the Governor may by the same or a subsequent proclamation provide for any matter incidental to, or consequential on, the declaration of the council as a defaulting council. (8) On the making of a proclamation under subsection (5), all the members of the defaulting council are suspended from their respective offices until the council ceases to be a defaulting council. (8a) The members of the defaulting council are not entitled to their respective allowances under section 76 during the period of suspension under subsection (8). (9) An administrator or administrators appointed under this section will, until the council ceases to be a defaulting council, administer the affairs of the defaulting council in the name of and on behalf of the council (and for that purpose will have all the powers, functions and duties of the council). (10) If two or more administrators are appointed under this section, any disagreement between them will be settled by the decision of the majority or, where they are equally divided in opinion, by determination of the Minister. (11) The remuneration of an administrator (which will be determined by the Governor) and any liability incurred by an administrator in the course of the administration will be paid or satisfied out of the funds of the defaulting council. (12) The Governor may, by proclamation, declare that the provisions of this or any other Act apply, while the council is a defaulting council, subject to exclusions or modifications specified in the proclamation, and those provisions apply accordingly. (13) The administrator or administrators appointed under this section must report to the Minister at intervals of not more than three months on the administration of the affairs of the defaulting council. (14) The Governor may, by proclamation, vary or revoke a proclamation under this section. (15) The Governor may, on the recommendation of the Minister made not earlier than the expiration of three months from the date on which the council was declared to be a defaulting council, by proclamation, declare the offices of all the members of the defaulting council to be vacant. (16) A council ceases to be a defaulting council under this Division— (a) on the making of a proclamation revoking the proclamation by which the council was declared to be a defaulting council; or (b) if a proclamation is made declaring the offices of all members of the defaulting council to be vacant—on the conclusion of the elections to fill the vacant offices; or (c) unless a proclamation referred to in paragraph (a) or (b) is sooner made— (i) in the case of the District Council of Coober Pedy declared to be a defaulting council by the Local Government (Defaulting Council) Proclamation 2019 (Gazette 24.01.2019 p272)—on the conclusion of the periodic elections due to be held in 2026; or (ii) in any other case—on the expiration of 24 months from the date on which the council was declared to be a defaulting council. Division 2—Subsidiaries 274—Investigation of subsidiary (1) If the Minister has reason to believe that— (a) irregularities or difficulties may exist in the management of a subsidiary or the administration of the affairs of a subsidiary; or (b) a subsidiary has acted outside its charter (see Schedule 2); or (c) a subsidiary may have breached this Act or another law; or (d) some other form of irregularity has occurred in the conduct or management of the affairs of a subsidiary; or (e) some other matter has arisen in relation to the subsidiary that justifies consideration or investigation under this section, the Minister may refer the matter to the relevant council or councils for investigation and report. (a) the council or councils do not provide a report to the Minister under subsection (1) within a period specified by the Minister; or (b) the Minister is not satisfied with the outcome of a report to the Minister under subsection (1), the Minister may refer the matter to the Ombudsman for investigation and report. (3) Before referring a matter, the Minister must give the subsidiary a reasonable opportunity to explain its actions and make submissions unless the Minister considers that the giving of notice would be likely to undermine the investigation of the matter. 275—Action on a report (1) The Minister may, on the basis of a report under section 274, require that specified action be taken in respect of a subsidiary. (2) The Minister must, before imposing a requirement under subsection (1), give the relevant council or councils a reasonable opportunity to make submissions to the Minister. (3) The Minister acting under subsection (1) may, for example— (a) require the adoption of specified management practices; (b) require that the subsidiary cease a specified activity; (c) require that steps be taken to amend the charter of the subsidiary; (d) require that steps be taken to wind up the subsidiary. Part 4—Special jurisdiction 276—Special jurisdiction (1) The following proceedings may be taken before, and determined by, the District Court: (a) proceedings to try the title of a member to an office; (b) proceedings to try the right of a person to be admitted or restored to an office; (c) proceedings to compel restoration or admission; (d) proceedings to compel a council to proceed to an election, poll or appointment; (e) proceedings to try the validity of a rate or service charge; (f) proceedings to try the validity of a by-law; (g) proceedings to compel the production or delivery of any books, voting-papers, or other documents or papers to the production or possession of which a council or person is entitled under this Act. (2) The proceedings may be brought by— (a) the council; or (b) an elector; or (c) the Minister; or (d) any other person with a material interest in the matter. (3) Proceedings under subsection (1)(a) must be commenced within two months from the date on which the person was elected or appointed to the relevant office, or on which the cause arose by reason of which the person is liable to be ousted from the relevant office (as the case may be). (4) Proceedings under subsection (1)(e) must be commenced within two months from the date of publication of the notice of the declaration of the rate or service charge in the Gazette. (5) The District Court may make an order— (a) declaring a person not to be entitled to the office then occupied by that person, and that the office or place is vacant, or that another person is entitled to the office; (b) requiring the council to proceed to take the necessary steps for and to hold an election or poll, or to make an appointment; (c) compelling a person or persons to proceed to any ballot or poll that may be necessary; (d) quashing a rate or service charge which is invalid; (e) declaring a by-law to be invalid; (f) compelling the production or delivery of any books, voting-papers, or documents by or to a council, or an employee of a council, to or by a person. (6) No order to admit or restore a person to an office can be made while another person occupies the office. (7) Except to the extent that this or another Act provides an express right to bring particular proceedings1, no proceedings may be brought before a court or tribunal constituted by law— (a) to admit or restore to office, or to compel a council to proceed to the election or appointment of, a principal member, councillor, auditor, officer or other person to an office in, or in the appointment of, the council; or (b) to compel a person or persons to proceed to a ballot or poll; or (c) to challenge a valuation, assessment, rate or service charge, or to make or allow an alteration to a valuation, assessment, rate or service charge; or (d) to compel the production or delivery of any books, voting-papers or other documents or papers, to the production or possession of which a council or a person may be entitled under this Act. 1 A person may bring certain proceedings before the Court of Disputed Returns under the Local Government (Elections) Act 1999.