Part 2Administration and structural matters

Part 2—Administration and structural matters 5—Annual report—Commission For the purposes of section 32(2) of the Act, an annual report of the Commission must also contain the following information: (a) information about any strategic or other similar objective adopted by the Commission for the coming year or years; (b) information about the extent to which the principles referred to in section 14 of the Act are being reflected in the planning system established under the Act; (c) information about— (i) any performance targets set under Schedule 4 of the Act during the relevant financial year; and (ii) the work of the Commission under clause 1 of Schedule 4 of the Act during the relevant financial year; (d) information about any review under clause 3 of Schedule 4 of the Act concluded during the relevant financial year. 6—Annual reports—joint planning boards (1) For the purposes of section 36(2)(e) of the Act, a joint planning board must, on or before 30 September in every year, forward to the Minister, the Commission and each party to the relevant planning agreement a report on the joint planning board's operations for the preceding financial year. (2) An annual report must also contain the following information: (a) information about the membership of the joint planning board during the relevant financial year; (b) the audited annual financial statements of the joint planning board for the relevant financial year; (c) information about the activities of the joint planning board's committees during the relevant financial year; (d) information about the implementation and operation of the joint planning board's regional plan under section 64 of the Act during the relevant financial year. (3) The Minister must, within 6 sitting days after receiving a report under this regulation, cause copies of the report to be laid before both Houses of Parliament. 6A—Provision of documents and notices via the SA planning portal (1) For the purposes of these regulations, any requirement to provide, furnish or lodge an application, document or other information to or with a person, body or other entity, or to provide or give a notification, may be satisfied by providing the application, document or other information, or by providing the notification, (as the case may be) via the SA planning portal, subject to complying with any relevant requirements applying under Part 4 Division 2 of the Act. (a) subregulation (1) applies (and only applies) to the extent to which the SA planning portal has the facilities to allow the provision of an application, document or other information, or the provision of a notice, in the particular circumstances; and (b) to the extent that the SA planning portal does not have the facilities envisaged by subregulation (1), or envisaged by any other provision of these regulations, an application, document or other information, or a notice, may be provided, furnished or lodged— (i) by email, using the main or designated email address of the relevant person, body or other entity; or (ii) by delivering the application, document, information or notice to the principal office or address of the relevant person, body or entity. (3) For the purposes of subregulation (2), the designated email address of a person, body or other entity is an email address designated by the person, body or other entity as being an email address to be used under the Act or these regulations. 7—SA planning portal—certification and verification of information For the purposes of section 52(1) of the Act, a prescribed requirement is— (a) that the instrument is published on a part of the SA planning portal that states that instruments published on that part are certified by the Chief Executive under section 52(1) of the Act; or (b) that the instrument has a statement appearing as a heading to the instrument, or at the foot of each page of the instrument, to the effect that it is certified by the Chief Executive under section 52(1) of the Act. 8—Disclosure of financial interests financial benefit, in relation to a person, means— (a) any remuneration, fee or other pecuniary sum exceeding $1 000 received by the person in respect of a contract of service entered into, or paid office held by, the person; and (b) any remuneration, fee or other pecuniary sum received by the person in respect of a trade, vocation, business or profession engaged in by the person where the total exceeds $1 000, but does not include an allowance, fee or other sum payable to the person under the Act; (b) any trade, vocation, business or profession engaged in by the person; ordinary return means a return under clause 2(1)(b) of Schedule 1 of the Act; primary return means a return under clause 2(1)(a) of Schedule 1 of the Act; return period, in relation to the ordinary return of a prescribed member, means— (a) in the case of a prescribed member whose last return was a primary return—the period between the date of the primary return and 30 June next following; (b) in any other case—the period of 12 months expiring on 30 June on or within 60 days after which the ordinary return is required to be submitted. (2) A word or expression used in this regulation that is referred to in clause 1 of Schedule 1 of the Act has the same meaning in this regulation as in that clause. (3) For the purposes of this regulation, a person is an investor in a body if— (a) the person has deposited money with, or lent money to, the body that has not been repaid and the amount not repaid equals or exceeds $10 000; or (b) the person holds, or has a beneficial interest in, shares in, or debentures of, the body or a policy of insurance issued by the body. (4) For the purposes of clause 2(1)(a) of Schedule 1 of the Act, a primary return must be in the form set out in Schedule 1 of these regulations and contain the following information: (a) a statement of any income source that the prescribed member required to submit the return or a person related to the prescribed member has or expects to have in the period of 12 months after the date of the primary return; (b) the name of any company, or other body, corporate or unincorporate, in which the prescribed member or a member of the prescribed member's family holds office whether as a director or otherwise, for the purposes of obtaining financial gain (including at sometime in the future); (c) the information required by subregulation (7). (5) For the purposes of clause 2(1)(b) of Schedule 1 of the Act, an ordinary return must be submitted within 60 days after 30 June in each year. (6) For the purposes of clause 2(1)(b) of Schedule 1 of the Act, an ordinary return must be in the form set out in Schedule 2 and contain the following information: (a) if the prescribed member required to submit the return or a person related to the prescribed member received, or was entitled to receive, a financial benefit during any part of the return period—the income source of the financial benefit; (b) if the prescribed member or a member of the prescribed member's family held an office whether as a director or otherwise in any company or other body, corporate or unincorporate, during the return period for the purposes of obtaining financial gain (including at some time in the future)—the name of the company or other body; (c) the information required by subregulation (7). (7) For the purposes of this regulation, a return (whether primary or ordinary) must contain the following information: (a) the name or description of any company, partnership, association or other body in which the prescribed member required to submit the return or a person related to the prescribed member is an investor; (b) a concise description of any trust (other than a testamentary trust) of which the prescribed member or a person related to the prescribed member is a beneficiary or trustee (including the name and address of each trustee); (c) the address or description of any land in which the prescribed member or a person related to the prescribed member has a beneficial interest other than by way of security for any debt; (d) any fund in which the prescribed member or a person related to the prescribed member has an actual or prospective interest to which contributions are made by a person other than the prescribed member or a person related to the prescribed member; (e) if the prescribed member or a person related to the prescribed member is indebted to another person (not being related to the prescribed member or to a member of the prescribed member's family by blood or marriage) in an amount equal to or exceeding $10 000—the name and address of that person; (f) if the prescribed member or a person related to the prescribed member is owed money by a natural person (not being related to the prescribed member or to a member of the prescribed member's family by blood or marriage) in an amount equal to or exceeding $10 000—the name and address of that person; (g) any other substantial interest of a pecuniary nature of the prescribed member or of a person related to the prescribed member of which the prescribed member is aware and which the prescribed member considers might appear to raise a material conflict between the prescribed member's private interest and the duty that the prescribed member has or may subsequently have as a member of a designated entity. (8) A prescribed member is required by this regulation only to disclose information that is known to the prescribed member or ascertainable by the prescribed member by the exercise of reasonable diligence. (9) Nothing in this regulation requires a prescribed member to disclose information relating to a person as trustee of a trust unless the information relates to the person in the person's capacity as trustee of a trust by reason of which the person is related to the prescribed member. (10) A prescribed member may include in a return such additional information as the prescribed member thinks fit. (11) Nothing in this regulation will be taken to prevent a prescribed member from disclosing information required by this regulation in such a way that no distinction is made between information relating to the prescribed member personally and information relating to a person related to the prescribed member. (12) Nothing in this regulation requires disclosure of the actual amount or extent of a financial benefit or interest. (13) For the purposes of paragraph (b) of the definition of relevant official in clause 1(1) of Schedule 1 of the Act in relation to an assessment panel appointed by a council, the chief executive officer of the council is prescribed as the relevant official. 9—Compliance with code of conduct—Commission code of conduct means the code of conduct to be observed by members of the Commission adopted by the Minister under clause 1(1)(a) of Schedule 3 of the Act. (2) A person may make a complaint to the Minister if the person believes that a member of the Commission has acted in contravention of the code of conduct. (b) contain particulars of the allegations on which the complaint is based; and (4) Except with the approval of the Minister, a complaint must not be lodged with the Minister more than 6 months after the day on which the complainant first had notice of the matters alleged in the complaint. (5) The Minister may require the complainant to give further particulars of the complaint (verified, if the Minister so requires, by statutory declaration). (6) The Minister may refuse to entertain a complaint or, having accepted a complaint for investigation, may refuse to continue to entertain a complaint, if it appears to the Minister— (b) that the matter raised in the complaint is trivial; or (d) that there is some other good reason not to proceed (or to proceed further) with the matter under this regulation. (7) The Minister may, as the Minister's first step in dealing with a complaint— (a) refer the matter to the member of the Commission to whom the complaint relates for a response; or (b) refer the matter to the presiding member of the Commission for consideration and report; or (c) if the complaint relates to the member of the Commission who holds office under section 18(1)(b) of the Act—refer the matter to the Chief Executive. (8) The Minister may take such other action as the Minister thinks fit (including by deciding not to proceed further with the matter). (9) The Minister may, whether or not the Minister has acted under subregulation (7), appoint a person to investigate the complaint. (10) If the Minister appoints an investigator— (a) the Minister must inform the member of the Commission to whom the complaint relates of the appointment of the investigator and furnish formal notification about the nature of the complaint; and (b) the investigator must conduct an investigation into the complaint as soon as practicable after the appointment has been made; and (c) the investigator must give the member of the Commission to whom the complaint relates a reasonable opportunity to make representations to the investigator about the complaint; and (ii) the member of the Commission to whom the complaint relates; and (iii) the presiding member of the Commission; and (iv) if the complaint relates to the member of the Commission who holds office under section 18(1)(b) of the Act—the Chief Executive, to provide to the investigator any document or other information relevant to the investigation of the complaint (verified, if the investigator so requires, by statutory declaration); and (ii) subject to subparagraph (i), may conduct the investigation in such manner as the investigator thinks fit (including by undertaking such other consultations and undertaking such other inquiries as the investigator thinks fit). (11) If during an investigation the investigator is satisfied that there is a matter about which another complaint could have been made against the member of the Commission, the investigator may, after consultation with the Minister, deal with the matter as part of the investigation as if a complaint had been made about the matter. (a) may report to the Minister at any stage of an investigation; and (b) must present a written report to the Minister at the conclusion of the investigation. (13) The Minister must provide the person to whom the complaint relates with a copy of a report presented under subregulation (12)(b) (and the Minister may, if the Minister thinks fit, invite a response from the person). (14) The Minister may, on the receipt of a report under subregulation (12)(b), or at the conclusion of any other process that the Minister has adopted in the alternative— (b) refer the matter to the presiding member of the Commission for further consideration and, if appropriate, further action or response; or (c) undertake any consultation or further inquiry as the Minister thinks fit; or (d) if the complaint relates to an appointed member of the Commission—decide to make a recommendation to the Governor that the member be removed from office; or (e) if the complaint relates to the member of the Commission who holds office under section 18(1)(b) of the Act—replace the person under that section of the Act; or (f) take any other action as the Minister thinks fit. (15) The Minister must inform the complainant of the outcome of the complaint under subregulation (14). 10—Compliance with code of conduct—joint planning boards code of conduct means the code of conduct to be observed by members of a joint planning board adopted by the Minister under clause 1(1)(b) of Schedule 3 of the Act. (2) A person may make a complaint to the Minister if the person believes that a member of a joint planning board has acted in contravention of the code of conduct. (b) contain particulars of the allegation on which the complaint is based; and (4) Except with the approval of the Minister, a complaint must not be lodged with the Minister more than 6 months after the day on which the complainant first had notice of the matters alleged in the complaint. (5) The Minister may require the complainant to give further particulars of the complaint (verified, if the Minister so requires, by statutory declaration). (6) The Minister may refuse to entertain a complaint or, having accepted a complaint for investigation, may refuse to continue to entertain a complaint, if it appears to the Minister— (b) that the matter raised by the complaint is trivial; or (d) that there is some other good reason not to proceed (or further proceed) with the matter under this regulation. (7) The Minister may, as the Minister's first step in dealing with a complaint, refer the matter to the member of the joint planning board to whom the complaint relates for a response. (8) The Minister may take such other action as the Minister thinks fit (including deciding not to proceed further with the matter). (9) The Minister may, whether or not the Minister has acted under subregulation (7), appoint a person to investigate a complaint. (10) If the Minister appoints an investigator— (a) the Minister must inform the member of the joint planning board to whom the complaint relates of the appointment of an investigator and furnish formal notification about the nature of the complaint; and (b) the investigator must conduct an investigation into the complaint as soon as practicable after the appointment has been made; and (c) the investigator must give the member of the joint planning board to whom the complaint relates a reasonable opportunity to make representations to the investigator about the complaint; and (ii) the member of the joint planning board to whom the complaint relates, to provide to the investigator any document or other information relevant to the investigation of the complaint (verified, if the investigator so requires, by statutory declaration); and (ii) subject to subparagraph (i), may conduct the investigation in such manner as the investigator thinks fit (including by undertaking such other consultations and undertaking such other inquiries as the investigator thinks fit). (11) If during an investigation the investigator is satisfied that there is a matter about which another complaint could have been made against the member of the joint planning board, the investigator may, after consultation with the Minister, deal with the matter as if a complaint had been made about the matter. (a) may report to the Minister at any stage of the investigation; and (b) must present a report to the Minister at the conclusion of the investigation. (13) The Minister must provide the person to whom the complaint relates with a copy of a report presented under subregulation (12)(b) (and the Minister may, if the Minister thinks fit, invite a response from the person). (14) The Minister may, on the receipt of a report under subregulation (12)(b), or at the conclusion of any other process that the Minister has adopted in the alternative— (b) undertake any consultation or further inquiry as the Minister thinks fit; or (c) take action to have the member of the joint planning board to whom the complaint relates removed from office; or (d) take any other action as the Minister thinks fit. (15) The Minister must inform the complainant of the outcome of a complaint under subregulation (14). 11—Compliance with code of conduct—assessment panels code of conduct means the code of conduct to be observed by members of an assessment panel adopted by the Minister under clause 1(1)(c) of Schedule 3 of the Act. (2) A person may make a complaint to the Commission if the person believes that a member of an assessment panel has acted in contravention of the code of conduct. (b) contain particulars of the allegation on which the complaint is based; and (4) Except with the approval of the Commission, a complaint must not be lodged with the Commission more than 6 months after the day on which the complainant first had notice of the matters alleged in the complaint. (5) The Commission may require the complainant to give further particulars of the complaint (verified, if the Commission so requires, by statutory declaration). (6) The Commission may refuse to entertain a complaint or, having accepted a complaint for investigation, may refuse to continue to entertain a complaint, if it appears to the Commission— (b) that the matter raised by the complaint is trivial; or (d) that there is some other good reason not to proceed (or further proceed) with the matter under this regulation. (7) The Commission may, as the Commission's first step in dealing with a complaint, refer the matter to the member of the assessment panel to whom the complaint relates for a response. (8) The Commission may take such further action as the Commission thinks fit (including deciding not to proceed further with the matter). (9) The Commission may, whether or not the Commission has acted under subregulation (7), appoint a person to investigate a complaint. (10) If the Commission appoints an investigator— (a) the Commission must inform the member of the assessment panel to whom the complaint relates of the appointment of an investigator and furnish formal notification of the nature of the complaint; and (b) the investigator must conduct an investigation into the complaint as soon as practicable after the appointment has been made; and (c) the investigator must give the member of the assessment panel to whom the complaint relates a reasonable opportunity to make representations to the investigator about the complaint; and (ii) the member of the assessment panel to whom the complaint relates, to provide to the investigator any document or other information relevant to the investigation of the complaint (verified, if the investigator so requires, by statutory declaration); and (ii) subject to subparagraph (i), may conduct the investigation in such a manner as the investigator thinks fit (including by undertaking such other consultations and undertaking such other inquiries as the investigator thinks fit). (11) If during an investigation the investigator is satisfied that there is a matter about which another complaint could have been made against the member of the assessment panel, the investigator may, after consultation with the Commission, deal with the matter as if a complaint had been made about the matter. (a) may report to the Commission at any stage of the investigation; and (b) must present a report to the Commission at the conclusion of the investigation. (13) The Commission must provide the person to whom the complaint relates with a copy of a report presented under subregulation (12)(b) (and the Commission may, if the Commission thinks fit, invite a response from the person). (14) The Commission may, on the receipt of a report under subregulation (12)(b), or at the conclusion of any process that the Commission has adopted in the alternative— (b) undertake any consultation or further inquiry as the Commission thinks fit; or (c) take action to have the member of the assessment panel to whom the complaint relates removed from office; or (d) take such other action as the Commission thinks fit. (15) The Commission must inform the complainant of the outcome of a complaint under subregulation (14). (16) Without limiting a preceding subregulation, the Commission may, at any time, consult with or provide a report to— (a) the Minister; and (b) in the case of a complaint that relates to a member of an assessment panel appointed by a joint planning board or a council, the joint planning board or the council (as the case requires), about a complaint that has been made under this regulation. (17) Nothing in this regulation limits or restricts any action or proceedings that may be taken against or in relation to a member of an assessment panel on account of the member being an accredited professional under the Act. 11A—Mutual liability scheme—notices of appointment of assessment panel members (1) A designated authority appointing or reappointing a person as a member of an assessment panel under section 83 of the Act must complete a notice of appointment relating to the member. (2) A person appointed or reappointed as a member of an assessment panel under section 83 of the Act must, before commencing a term as a member of the panel, sign a notice of appointment provided to the person by the designated authority and return it to the designated authority. (3) An entity appointing or reappointing a person as a member of a regional assessment panel under section 84 of the Act (a relevant entity) must complete a notice of appointment relating to the member. (4) A person appointed or reappointed as a member of a regional assessment panel under section 84 of the Act must, before commencing a term as a member of the panel, sign a notice of appointment provided to the person by the relevant entity and return it to the relevant entity. (5) A notice of appointment will be in a form determined by the Chief Executive and published on the SA planning portal. 11B—Mutual liability scheme—rights of indemnity (1) — (a) a designated authority, in being responsible under section 83(1)(h)(ii) of the Act for the costs and other liabilities associated with the activities of an assessment panel appointed by the designated authority; and (b) a council, in being responsible for the costs associated with the activities of a regional assessment panel in accordance with a scheme set out in a notice under section 84(1)(a) and (i) of the Act, must have arrangements in place to indemnify the members of any such panel in respect of a claim against a member of the panel arising out of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of their functions, powers or duties under the Act in their role as a member of the panel. (2) Membership of the mutual liability scheme constitutes compliance with the requirement under subregulation (1). (3) A member of an assessment panel of a kind referred to in subregulation (1) has a right of indemnity against a council or joint planning board (as the case may be) in respect of any claim against the member arising out of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of their functions, powers or duties under the Act in their role as a member of the panel. (4) The right of indemnity under subregulation (3) in respect of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of functions, powers or duties by a member of a regional assessment panel relating to a proposed development lies against the council for the area in which the proposed development is to be undertaken. (5) — (a) a designated authority, in being responsible under section 87(f) of the Act for the costs and other liabilities associated with the activities of an assessment manager for an assessment panel appointed by the designated authority; and (b) a council, in being responsible for the costs associated with the activities of a regional assessment panel in accordance with a scheme set out in a notice under section 84(1)(a) and (i) of the Act, must have arrangements in place to indemnify an assessment manager for any such panel in respect of a claim against the assessment manager arising out of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of their functions, powers or duties under the Act in their role as an assessment manager. (6) Membership of the mutual liability scheme constitutes compliance with the requirement under subregulation (5). (7) An assessment manager referred to in subregulation (5) has a right of indemnity against a council or joint planning board (as the case may be) in respect of any claim against the assessment manager arising out of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of their functions, powers or duties under the Act in their role as the assessment manager. (8) The right of indemnity under subregulation (7) in respect of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of functions, powers or duties by an assessment manager for a regional assessment panel relating to a proposed development lies against the council for the area in which the proposed development is to be undertaken. (9) In this regulation— mutual liability scheme means the Local Government Association Mutual Liability Scheme conducted and managed by the LGA under Schedule 1 of the Local Government Act 1999.