Part 6Relevant authorities

Part 6—Relevant authorities Division 1—Entities constituting relevant authorities 82—Entities constituting relevant authorities Subject to this Act, the following will be relevant authorities: (a) the Minister; (b) the Commission; (ba) in the circumstances referred to in section 242A—the Chief Executive; (c) an assessment panel appointed by a joint planning board; (d) an assessment panel appointed by a council, but not— (i) in respect of an area in relation to which— (A) a planning agreement that envisages the appointment of an assessment panel by the joint planning board under this section applies; or (B) a regional assessment panel has been constituted; or (ii) if a local assessment panel has been constituted by the Minister in substitution for an assessment panel appointed by the council; (e) any of the following assessment panels constituted by the Minister: (i) a combined assessment panel; (ii) a regional assessment panel; (iii) a local assessment panel; (f) an assessment manager; (g) an accredited professional; (h) a council. Division 2—Assessment panels 83—Panels established by joint planning boards or councils (1) The following provisions will apply in relation to an assessment panel appointed by a joint planning board or a council (a designated authority) under Division 1: (a) a designated authority may appoint more than 1 assessment panel but, if it does so, the designated authority must clearly specify which class of development each assessment panel is to assess; (b) a designated authority must determine— (i) the membership of the assessment panel, being no more than 5 members, only 1 of which may be a member of a council, and, if the designated authority thinks fit, on the basis that the assessment panel will be constituted by a different number of members depending on the particular class of development that is being assessed by the assessment panel; and (ii) the procedures to be followed with respect to the appointment of members; and (iii) the terms of office of members; and (iv) conditions of appointment of members, or the method by which those conditions will be determined, (including as to their remuneration) and the grounds on which, and the procedures by which, a member may be removed from office; and (v) the appointment of deputy members; and (vi) who will act as the presiding member of the panel and the process for appointing an acting presiding member; (c) a person appointed as a member of an assessment panel must be an accredited professional; (d) a person who is a member of the Parliament of the State is not eligible to be appointed as a member of an assessment panel; (e) a person appointed as a member of an assessment panel must disclose his or her financial interests in accordance with Schedule 1; (f) the procedures of an assessment panel must comply with any requirements prescribed by the regulations; (g) a member of an assessment panel must not act in relation to a development if he or she has a direct or indirect pecuniary interest in any aspect of the development or any body associated with any aspect of the development; (h) the designated authority that appoints an assessment panel will be responsible for— (i) arranging the staffing and support required for the purposes of the operations of the panel; and (ii) the costs and other liabilities associated with the activities of the panel; (i) in the case of an assessment panel appointed by a council—the council must substitute the existing members of the panel with new members if directed to do so by the Minister acting on recommendation of the Commission under section 86. (2) Subsection (1)(c) does not apply if— (a) the person is a member, or former member, of a council; and (b) the designated authority is satisfied that the person is appropriately qualified to act as a member of the assessment panel on account of the person's experience in local government. (2a) Despite subsection (1)(e), a member of a council appointed as a member of an assessment panel is not required to disclose their financial interests in accordance with Schedule 1 while the member holds office as a member of a council. (3) Without limiting the effect of subsection (1)(g), a person will be taken to have a pecuniary interest in a matter for the purposes of the subsection if an associate of the person has an interest in the matter. (4) A person who contravenes subsection (1)(g) is guilty of an offence. 84—Panels established by Minister (1) The following provisions will apply in relation to an assessment panel constituted by the Minister under Division 1: (a) the assessment panel will be constituted by the Minister by notice published in the Gazette; (b) in relation to a combined assessment panel—the Minister may constitute a combined assessment panel if the panel is to act as a relevant authority under this Act and, at the same time, be involved in the assessment of matters relevant to obtaining a licence, permission, consent, approval, authorisation, certificate or other authority under another Act; (c) in relation to a regional assessment panel— (i) the Minister may, in accordance with subparagraph (ii), constitute the panel in relation to an area or areas of the State comprising parts or all of the areas of 2 or more councils and, if the Minister so determines, a part or parts of the State that are not within the area of a council; and (ii) the Minister may constitute a regional assessment panel if— (A) 2 or more councils request the Minister to constitute a regional assessment panel in relation to their combined areas; or (B) the Minister has, after seeking the views of the relevant councils, determined that it is appropriate in the interests of orderly and effective development assessment that a regional assessment panel be constituted in relation to the areas of 2 or more councils (or parts of such areas); (d) in relation to a local assessment panel—the Minister may only constitute a local assessment panel if the Minister is acting on the recommendation of the Commission under section 86; (e) the Minister may, in constituting an assessment panel, make provision with respect to— (i) the membership of the assessment panel, including— (A) the number of members, provided that only 1 member of the assessment panel may be a member of a council; and (B) the procedures to be followed with respect to the appointment of members; and (C) the terms of office of members; and (D) conditions of appointment of members (including their remuneration) and the grounds on which, and the procedures by which, a member may be removed from office; and (E) the appointment of deputy members; and (F) the appointment of the presiding member of the assessment panel and the process for appointing an acting presiding member; and (ii) the procedures of the assessment panel; (f) a member of an assessment panel must disclose his or her financial interests in accordance with Schedule 1; (g) a member of an assessment panel must not act in relation to a development if he or she has a direct or indirect pecuniary interest in any aspect of the development or any body associated with any aspect of the development; (h) the costs associated with the activities of a local assessment panel will be the responsibility of the relevant council and may be recovered from the council by the Minister as a debt; (i) the costs associated with the activities of a regional assessment panel will be shared between the councils for the areas in relation to which the regional assessment panel is constituted in accordance with a scheme set out in the notice under paragraph (a); (j) the Minister may, by subsequent notice published in the Gazette, vary or revoke a notice under paragraph (a). (1a) Despite subsection (1)(f), a member of a council appointed as a member of an assessment panel is not required to disclose their financial interests in accordance with Schedule 1 while the member holds office as a member of a council. (2) Without limiting the effect of subsection (1)(g), a person will be taken to have a pecuniary interest in a matter for the purposes of the subsection if an associate of the person has an interest in the matter. (3) A person who contravenes subsection (1)(g) is guilty of an offence. 85—Appointment of additional members (1) An assessment panel appointed or constituted under this Act may appoint 1 or 2 members to act as additional members of the assessment panel for the purposes of dealing with a matter that it must assess as a relevant authority under this Act. (2) A person is not eligible to be appointed under subsection (1) unless the person holds a qualification, or has expertise or experience, recognised by a practice direction made for the purposes of this section. (3) A person appointed under subsection (1)— (a) will be, subject to paragraph (b), taken to be a member of the assessment panel in all respects; but (b) will not be able to vote on any matter arising for determination by the assessment panel. 86—Substitution of local panels (1) If the Minister has reason to believe that an assessment panel appointed by a council has consistently failed to comply with a requirement under this Act, the Minister may request the Commission to conduct an inquiry under this section. (2) The Commission, in conducting an inquiry— (a) must consult with the relevant council; and (b) may undertake such other investigations as the Commission thinks fit. (3) The Commission may, at the conclusion of the inquiry— (a) recommend to the Minister— (i) that the Minister issue a direction under section 83(1)(i); or (ii) that the Minister appoint a local assessment panel under section 84(1)(d); or (b) advise the Minister that no action is warranted in the circumstances of the case. (4) In connection with subsection (3)— (a) the Commission may only make a recommendation under subsection (3)(a) if satisfied that the assessment panel appointed by the council has consistently failed to comply with a requirement under this Act; and (b) if the Minister acts on a recommendation under subsection (3)(a)(ii), the assessment panel appointed by the council will be removed by force of this provision (and a local assessment panel appointed by the Minister will be substituted). Division 3—Assessment managers 87—Assessment managers The following provisions will apply in relation to an assessment manager under Division 1: (a) each assessment panel must have an assessment manager (but a person may be appointed to be assessment manager for more than 1 assessment panel); (b) a person appointed as an assessment manager must be— (i) an accredited professional; or (ii) a person of a prescribed class; (c) a person appointed as an assessment manager may (but need not) be an officer or employee of a council or a public sector employee; (d) an assessment manager will be appointed by— (i) if the assessment panel was appointed by a joint planning board—the joint planning board; and (ii) if the assessment panel was appointed by a council—the chief executive of the council; and (iii) if the assessment panel is constituted by the Minister—the Chief Executive, and (subject to paragraph (e)(i)) an assessment manager will be responsible to the person who has made the appointment for his or her performance; (e) the functions of an assessment manager include: (i) acting as a relevant authority as provided under this Act (and, in so acting, is not subject to direction by an assessment panel or any other person); (ii) being responsible for managing the staff and operations of the assessment panel in relation to which the assessment manager has been appointed; (iii) providing advice to the assessment panel (as appropriate); (f) the designated authority that appoints an assessment panel will be responsible for the costs and other liabilities associated with the activities of the assessment manager. Division 4—Accredited professionals 88—Accreditation scheme (1) The Governor may, by regulations made on the recommendation of the Minister, establish an accreditation scheme with respect to persons who are to act (or who are seeking to act) as accredited professionals for the purposes of this Act. (2) The accreditation scheme— (a) may make different provision according to the function or role that an accredited professional is to perform under this Act, including in relation to particular aspects of development assessment or control; and (b) may provide for a term or a period of accreditation, and for the suspension or cancellation of accreditation on specified grounds; and (c) may specify terms or conditions of accreditation; and (d) may provide for any aspect of the scheme to be administered or managed by a person or body prescribed by the regulations or specified by the Minister (and different persons or bodies may administer or manage the scheme insofar as it will apply to different classes or categories of accredited professional); and (e) may provide that a person holding an accreditation, registration or other form of authorisation or status under a scheme recognised by the regulations will be taken to hold an accreditation under this section; and (f) may be amended or substituted by the Governor from time to time by further regulations made on the recommendation of the Minister. (3) If the regulations amend or substitute an accreditation scheme under subsection (2)(f), the regulations may make additional provision of a saving or transitional nature. 89—Notification of acting An accredited professional must, on making a decision of a prescribed kind in relation to a proposed development or a particular aspect of a proposed development— (a) notify a prescribed body in accordance with the regulations of the decision; and (b) provide such information or documentation as may be prescribed by the regulations or as the prescribed body may require. 90—Removal from acting (1) An accredited professional who has not completed the functions of a relevant authority in relation to a particular development may not be removed from his or her engagement as a relevant authority unless the Minister consents to that removal. (2) If an accredited professional resigns from an engagement as a relevant authority or dies or becomes incapable for any other reason of carrying out the functions of a relevant authority in respect of a particular development, the matter may be referred to another relevant authority. 91—Duties (1) An accredited professional must act in accordance with the public interest. (2) An accredited professional must not— (a) perform any act or make any omission that results in a failure to comply with this Act; or (b) seek, accept or agree to accept a benefit from another person (whether for himself or herself or for a third person) as a reward or inducement to act against a provision of this Act; or (c) act in a manner contrary to any other duty prescribed by the regulations. (3) An accredited professional who contravenes or fails to comply with a provision of a code of conduct that applies to the accredited professional under Schedule 3 is guilty of an offence. (4) A person who improperly gives, offers or agrees to give a benefit to an accredited professional or to a third person as a reward or inducement for an act done or to be done, or an omission made or to be made, by the accredited professional in the performance of a function under this Act is guilty of an offence. (5) An accredited professional must ensure that any development authorisation given by the accredited professional is consistent with any other development authorisation that has already been given in respect of the same proposal. Maximum penalty: $25 000. benefit does not include a benefit that consists of remuneration or any condition of appointment or employment properly attaching or incidental to the work of an accredited professional under this Act. 92—Use of term "building certifier" An accredited professional who is qualified under the accreditation scheme to assess development in respect of the Building Rules (and to perform other functions relating to buildings and building work under this Act) may be known as a building certifier (and this designation will, as appropriate, be used for the purposes of this Act).