Sch 4Performance targets and monitoring

Schedule 4—Performance targets and monitoring 1—Targets (1) The Minister may, on the recommendation of the Commission, set performance targets in relation to— (a) any goal, policy or objective under a state planning policy; or (b) any objectives, priorities or targets included in a planning agreement. (2) A target must— (a) set a clear and measurable goal; and (b) specify a performance measure to enable the monitoring of progress towards achieving the goal and the extent to which the goal is achieved. (3) The Minister may, from time to time, on the recommendation of the Commission— (a) vary a target; or (b) withdraw a target. (4) The Commission— (a) must monitor the extent to which a target is being achieved; and (b) may publish periodic updates; and (c) unless the target is achieved within an earlier time‑frame, adjusted or withdrawn, review each target at least once in every 5 years. 2—Monitoring and evaluation of performance and trends (1) The Commission may, with the approval of the Minister, establish a scheme for the monitoring and evaluation of performance in the exercise of statutory functions under this Act. (2) A scheme under subclause (1) may include— (a) the collection, retention, analysis and provision of information; and (b) the provision of returns, reports and information to the Commission; and (c) requirements as to the undertaking of audits and self‑assessments, or requirements to arrange, or submit to, audits by persons who hold specified qualifications; and (d) the evaluation of performance and the preparation of reports by the Commission; and (e) other matters as the Commission thinks appropriate. (3) The Commission may, from time to time, with the approval of the Minister, vary or substitute a scheme under subclause (1). (4) The Commission must include in its annual report information about its assessment of performance and trends under the scheme established under this clause. 3—Review of performance (1) Subject to subclause (2), if the Minister, after consultation with the Commission, considers that it is appropriate to exercise a power under this clause in relation to a person or body that has performed, or that is responsible to perform, a function under this Act (a designated entity), the Minister may appoint an investigator or investigators to carry out an investigation and to report on the matter. (2) The Minister must only act under this clause if the Minister has reason to believe that the designated entity has— (a) contravened or failed to comply with a provision of this Act in a significant respect or to a significant degree; or (b) failed to efficiently or effectively discharge a responsibility under this Act in a significant respect or to a significant degree. (3) The Minister must, before making an appointment under subclause (1), give the designated entity an opportunity to explain its actions, and to make submissions (including, if relevant, an indication of undertakings that the designated entity is willing to give in order to take remedial action), to the Minister within a period (being at least 28 days) specified by the Minister. (4) If the Minister decides to proceed under subclause (1) in relation to a council, the Minister must consult with the President of the LGA with respect to the person or persons to be appointed to carry out the investigation. (5) An investigator may, for the purposes of an investigation— (a) require a member or employee of the designated entity, or a public sector employee or council employee assigned or engaged to assist the designated entity, to answer, orally or in writing, questions put by the investigator to the best of his or her knowledge, information and belief; (b) require a person to whom questions are put under paragraph (a) to verify the answers to those questions by declaration; (c) require a person to produce for examination by the investigator books, papers or other records relevant to the subject matter of the investigation; (d) retain books, papers or other records produced under paragraph (c) for such reasonable period as the investigator thinks fit and make copies of any of them or of any of their contents. (6) Subject to subclause (9), a person who refuses or fails to comply with a requirement under subclause (5) is guilty of an offence. (7) Subject to subclause (8), a person is not excused from answering a question or from producing books, papers or other records under this section on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (8) However, if compliance by a natural person with a requirement to answer a question or to produce a book, paper or other record might tend to incriminate the person or make the person liable to a penalty, then— (a) in the case of a person who is required to produce a book, paper or record, the book, paper or record (as distinct from the contents of the book, paper or record); or (b) in any other case, the answer given in compliance with the requirement, is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement). (9) A person is not obliged to provide information under this clause that is privileged on the ground of legal professional privilege. (10) At the conclusion of an investigation, the investigator or investigators must present a written report to the Minister on the results of the investigation. (11) The report may, if the investigator or investigators think fit, include recommendations to the Minister on what action (if any) should be taken in the circumstances. (12) The Minister must supply the designated entity with a copy of a report presented under subclause (10). (13) The Minister may, on the basis of a report presented under subclause (10)— (a) make recommendations to the designated entity; or (b) if the Minister considers that the designated entity has— (i) contravened or failed to comply with a provision of this Act in a significant respect or to a significant degree; or (ii) failed to efficiently or effectively discharge a responsibility under this Act in a significant respect or to a significant degree, give directions to the designated entity to rectify the matter, or to take specified action with a view to preventing a recurrence of any act, failure or irregularity. (14) The Minister must, before taking action under subclause (13), give the designated entity an opportunity to make submissions to the Minister on the report on which the action is based within a period (being at least 28 days) specified by the Minister. (15) If— (a) the Minister makes a recommendation to a designated entity under subclause (13)(a); and (b) the Minister subsequently considers that the designated entity has not, within a reasonable period, taken appropriate action in view of the recommendation, the Minister may, after consultation with the designated entity, give directions to it. (16) A designated entity must comply with a direction under subclause (13) or (15). (17) No action in defamation lies in respect of the contents of a report under this clause. 4—Non‑derogation Nothing in this Schedule limits, or derogates from, the operation of Schedule 3.