What it does
The Outback Communities (Administration and Management) Act 2009 establishes a statutory authority to administer and manage services in the vast areas of South Australia lying outside council boundaries under the Local Government Act 1999. Section 3 defines "outback" as the area of the State outside council areas, excluding any area declared by regulation not to be part of the outback. The Authority is the successor body to the former Outback Areas Community Development Trust (s 5(2)), possessing perpetual succession, a common seal, the capacity to sue and be sued, and the powers of a natural person exercisable by a body corporate (s 5(3)). It is an instrumentality of the Crown (s 5(4)) and is generally subject to Ministerial control and direction except in relation to enforcement of legislation or preparation of reports (s 5(5)).
The core functions are set out in s 6(1): managing the provision of public services and facilities to outback communities, promoting improvements in those services, and articulating the views, interests and aspirations of those communities. In performing these functions the Authority must prioritise support for community organisations through grants and loans, consider long-term infrastructure needs, have regard to State and national objectives, collaborate with other levels of government, maintain systems to understand community views, facilitate informed decision-making by others, and deliver services efficiently while prudently managing public assets (s 6(2)).
A central revenue-raising mechanism is created by s 21. The Authority may impose asset sustainability levies on land in the outback to fund maintenance of public services and facilities, and community contributions on land in a particular area to fund activities of special benefit to that community or its visitors. These are modelled on council rating powers but use fixed charges approved by the Minister rather than valuations (s 21(2)–(4)). The Minister’s approval of increases (other than CPI) in the asset sustainability levy requires a parliamentary laying procedure with a six-sitting-day objection window (s 21(5)).