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LOCAL GOVERNMENT LEGISLATION AMENDMENT BILL 2005

          Queensland



Local Government Legislation
Amendment Bill 2005

 


 

 

Queensland Local Government Legislation Amendment Bill 2005 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Amendment of City of Brisbane Act 1924 2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Amendment of s 3A (Application of the Local Government Act) . 6 4 Amendment of s 39C (Council register) . . . . . . . . . . . . . . . . . . . . 6 5 Amendment of s 116 (Preparation of annual financial statements) 7 6 Amendment of s 119 (Annual report) . . . . . . . . . . . . . . . . . . . . . . 7 7 Amendment of s 127 (Financial management standards) . . . . . . 8 8 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 3 Amendment of Local Government Act 1993 9 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Amendment of s 9 (Act applies only so far as expressly provided) 9 11 Amendment of s 237 (Remuneration for service on local government and advisory committees) . . . . . . . . . . . . . . . . . . . . 10 12 Amendment of s 238 (Superannuation benefits for councillors). . 10 13 Insertion of new s 238A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 238A Councillors may make salary sacrifice arrangements 10 14 Amendment of s 242 (Requirements of councillors before acting in office) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15 Insertion of new s 243A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 243A Compliance with code of conduct. . . . . . . . . . . . . . . . 11 16 Insertion of new ch 4, pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Part 3A Code of conduct for councillors Division 1 Preliminary 250A Application of part to Brisbane City Council . . . . . . . . 12

 


 

2 Local Government Legislation Amendment Bill 2005 250B Definitions for pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . 12 250C Requirement to adopt code of conduct for councillors 13 250D Model code of conduct for councillors . . . . . . . . . . . . 13 250E Application and duration of code of conduct . . . . . . . 13 Division 2 Content of codes of conduct for councillors 250F Statutory and additional obligations of councillors . . . 14 250G Ethics principles for local government councillors . . . 14 250H Code must state what a repeat breach is . . . . . . . . . . 14 250I Information about making a complaint . . . . . . . . . . . . 15 Division 3 Procedure for making code of conduct for councillors 250J Notice of draft code of conduct for councillors . . . . . . 15 250K Requirement to consider comments. . . . . . . . . . . . . . 16 250L Code of conduct to be available for inspection and purchase ............................. 16 Division 4 Enforcement of code of conduct for councillors Subdivision 1 Preliminary 250M Categories of code of conduct breaches . . . . . . . . . . 16 250N References in div 4 to code of conduct breaches. . . . 17 Subdivision 2 Meeting breaches 250O Making a complaint about a meeting breach . . . . . . . 17 250P When local government must deal with the complaint 18 250Q How local government must deal with complaint . . . . 18 Subdivision 3 Minor breaches 250R Making a complaint about a minor breach . . . . . . . . . 19 250S How local government must deal with complaints officer's report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Subdivision 4 Repeat breaches and statutory breaches 250T Making a complaint about a statutory breach. . . . . . . 21 250U Referring complaints about statutory breaches to conduct review panel . . . . . . . . . . . . . . . . . . . . . . . . . 21 250V Review of complaints by conduct review panel . . . . . 22 250W Decision by local government about repeat breach or statutory breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Subdivision 5 Penalties 250X Penalties local government may impose . . . . . . . . . . 23 250Y Effect of suspension of councillor for s 252 . . . . . . . . 24 Subdivision 6 Conduct review panel

 


 

3 Local Government Legislation Amendment Bill 2005 250Z Pool of members for conduct review panel. . . . . . . . . 24 250ZA Qualifications for appointment as member of conduct review panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 250ZB Removal from pool of conduct review panel members 26 250ZC Quorum for meetings of conduct review panel . . . . . . 26 250ZD Chairperson of conduct review panel . . . . . . . . . . . . . 26 250ZE Meetings of conduct review panel . . . . . . . . . . . . . . . 26 250ZF Payment of fee to members of conduct review panel by local government . . . . . . . . . . . . . . . . . . . . . . . . . . 27 250ZG Costs of conduct review panel to be met by local government .......................... 27 250ZH Indemnity for panel members . . . . . . . . . . . . . . . . . . . 27 250ZI Indemnity for persons giving information to a conduct review panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Subdivision 7 Miscellaneous 250ZJ Frivolous or vexatious complaint . . . . . . . . . . . . . . . . 28 17 Amendment of s 469 (Inspection of records by members). . . . . . 28 18 Insertion of new ch 6, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Part 5 General complaints process 501A Application to Brisbane City Council . . . . . . . . . . . . . 29 501B Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 501C Meaning of administrative action . . . . . . . . . . . . . . . . 29 501D Local government to establish general complaints process .............................. 30 501E Requirements for general complaints process . . . . . . 30 501F Refusal to investigate complaint. . . . . . . . . . . . . . . . . 31 19 Amendment of s 534 (Content of report about other issues of public interest) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 20 Amendment of s 1182 (Local governments' liability for permanent employees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 21 Insertion of new s 1183A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 1183A Election by permanent employee to cease contributions ........................... 34 22 Insertion of new sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Schedule 1 Ethics principles for local government councillors 1 Integrity of local government . . . . . . . . . . . . . . . . . . . 35 2 Primacy of the public interest . . . . . . . . . . . . . . . . . . . 35 3 Independence of action by councillors . . . . . . . . . . . . 35 4 Appropriate use of information by councillors . . . . . . 36

 


 

4 Local Government Legislation Amendment Bill 2005 5 Transparency and scrutiny . . . . . . . . . . . . . . . . . . . . . 36 6 Appropriate use of entitlements . . . . . . . . . . . . . . . . . 36 23 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 36 Part 4 Amendment of Local Government (Community Government Areas) Act 2004 24 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 25 Insertion of new s 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 11A Application of enterprise provisions in Local Government Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . 37 26 Amendment of s 14 (Meaning of reviewable community government matter) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 27 Amendment of s 18 (Commissions must have regard to prescribed issues) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

 


 

2005 A Bill for An Act to amend local government legislation

 


 

s1 6 s4 Local Government Legislation Amendment Bill 2005 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Local Government Legislation 4 Amendment Act 2005. 5 Part 2 Amendment of City of Brisbane 6 Act 1924 7 Clause 2 Act amended in pt 2 8 This part amends the City of Brisbane Act 1924. 9 Clause 3 Amendment of s 3A (Application of the Local 10 Government Act) 11 (1) Section 3A(2), third dot point, `part 4'-- 12 omit, insert-- 13 `parts 3A and 4'. 14 (2) Section 3A(2), seventh dot point, `part 4'-- 15 omit, insert-- 16 `parts 4 and 5'. 17 Clause 4 Amendment of s 39C (Council register) 18 Section 39C(2) and (2A)-- 19 omit, insert-- 20 `(2) The council must-- 21 (a) keep the register open to inspection; and 22

 


 

s5 7 s6 Local Government Legislation Amendment Bill 2005 (b) make copies of the register, or extracts from the register, 1 available for purchase at its public office at a price not 2 more than the cost to the council of producing the copy 3 and, if a copy is supplied to a purchaser by post, the cost 4 of postage.'. 5 Clause 5 Amendment of s 116 (Preparation of annual financial 6 statements) 7 Section 116(2)-- 8 omit, insert-- 9 `(2) The annual financial statements must comply with financial 10 management standards prescribed under section 127.1'. 11 Clause 6 Amendment of s 119 (Annual report) 12 (1) Section 119(3)-- 13 insert-- 14 `(ec) each of the following details for a financial year starting 15 on 1 July 2005 or later-- 16 (i) the total number of breaches of the council's code 17 of conduct committed by councillors as decided 18 during the year by the council; 19 (ii) the name of each councillor decided during the 20 year by the council to have breached the code, a 21 description of how the councillor breached the 22 code, and details of any penalty imposed by the 23 council on the councillor; 24 25 Examples of how breaches of the code might be described-- 26 � misconduct at a council meeting 27 � misuse of confidential information (iii) the number of complaints about code of conduct 28 breaches by councillors, other than frivolous or 29 vexatious complaints, that were referred to the 30 conduct review panel during the year by the 31 1 Section 127 (Financial management standards)

 


 

s7 8 s8 Local Government Legislation Amendment Bill 2005 council or the chief executive officer under 1 chapter 4, part 3A of the Local Government Act; 2 (iv) the number of recommendations made to the 3 council by the conduct review panel during the 4 year that were adopted, or not adopted, by the 5 council; 6 (v) the number of complaints resolved under the 7 council's general complaints process during the 8 year and the number of those complaints that 9 related to an alleged breach by a councillor of the 10 council's code of conduct; 11 (vi) the number of complaints made to the ombudsman, 12 and notified to the council, during the year about 13 decisions made by the council in relation to 14 enforcing its code of conduct; and'. 15 (2) Section 119-- 16 insert-- 17 `(5) In this section-- 18 frivolous or vexatious complaint means a complaint about a 19 code of conduct breach by a councillor considered by the 20 conduct review panel to-- 21 (a) concern frivolous matter; or 22 (b) have been made vexatiously.'. 23 Clause 7 Amendment of s 127 (Financial management standards) 24 Section 127(2)(e), `and roads business activities'-- 25 omit, insert-- 26 `, roads business activities and building certification business 27 activities'. 28 Clause 8 Amendment of sch 2 (Dictionary) 29 Schedule 2-- 30 insert-- 31

 


 

s9 9 s 10 Local Government Legislation Amendment Bill 2005 `code of conduct, for the council, means the code of conduct 1 for councillors adopted, or taken to have been adopted, by the 2 council under the Local Government Act, chapter 4, part 3A.2 3 conduct review panel means the conduct review panel 4 convened by the council as required under the Local 5 Government Act, chapter 4, part 3A. 6 general complaints process means the general complaints 7 process established by the council as required under the Local 8 Government Act, chapter 6, part 5.3'. 9 Part 3 Amendment of Local 10 Government Act 1993 11 Clause 9 Act amended in pt 3 12 This part amends the Local Government Act 1993. 13 Clause 10 Amendment of s 9 (Act applies only so far as expressly 14 provided) 15 (1) Section 9(2), third dot point, `part 4'-- 16 omit, insert-- 17 `parts 3A and 4'. 18 (2) Section 9(2), seventh dot point, `part 4'-- 19 omit, insert-- 20 `parts 4 and 5'. 21 2 Local Government Act, chapter 4 (Local government councillors), part 3A (Code of conduct for councillors) 3 Local Government Act, chapter 6 (General operation of local governments), part 5 (General complaints process)

 


 

s 11 10 s 13 Local Government Legislation Amendment Bill 2005 Clause 11 Amendment of s 237 (Remuneration for service on local 1 government and advisory committees) 2 Section 237-- 3 insert-- 4 `(6) If a councillor has entered into an arrangement with the local 5 government under section 238A, the amount of remuneration 6 that would otherwise be payable to the councillor under a 7 resolution under this section is reduced by the percentage or 8 amount the councillor has elected to forgo.'. 9 Clause 12 Amendment of s 238 (Superannuation benefits for 10 councillors) 11 Section 238-- 12 insert-- 13 `(3A) Subsection (3)(a) and (b) do not apply in relation to 14 contributions payable by the local government under an 15 arrangement entered into with a councillor under 16 section 238A.'. 17 Clause 13 Insertion of new s 238A 18 After section 238-- 19 insert-- 20 `238A Councillors may make salary sacrifice arrangements 21 `(1) A councillor of a local government may enter into an 22 arrangement with the local government under which-- 23 (a) the councillor agrees to forgo a percentage or amount of 24 the councillor's remuneration entitlement; and 25 (b) the local government agrees to make corresponding 26 contributions for the councillor to a voluntary 27 superannuation scheme for councillors established or 28 taken part in by the local government under section 238. 29 `(2) The percentage or amount forgone by the councillor must not 30 be more than the equivalent of 50% of the councillor's 31 remuneration entitlement. 32 `(3) In this section-- 33

 


 

s 14 11 s 16 Local Government Legislation Amendment Bill 2005 remuneration entitlement, of a councillor, means the 1 remuneration to which the councillor would be entitled under 2 a resolution of the local government made under section 237 3 if the councillor had not entered into an arrangement under 4 this section.'. 5 Clause 14 Amendment of s 242 (Requirements of councillors before 6 acting in office) 7 Section 242-- 8 insert-- 9 `(4B) If, when the councillor is elected or appointed, there is a code 10 of conduct for the local government, the declaration of office 11 for the councillor must also include the following statement-- 12 `I declare that I agree to comply with the Council's code of 13 conduct.' '. 14 Clause 15 Insertion of new s 243A 15 After section 243-- 16 insert-- 17 `243A Compliance with code of conduct 18 `(1) A councillor must comply with the obligations stated in the 19 local government's code of conduct. 20 `(2) A contravention of subsection (1) is not an offence. 21 `(3) However-- 22 (a) under part 3A, division 4, the code of conduct may be 23 enforced in relation to the contravention; and 24 (b) if the act or omission is the contravention is an offence 25 under another provision of this Act, subsection (2) does 26 not prevent a proceeding being taken for the offence.'. 27 Clause 16 Insertion of new ch 4, pt 3A 28 Chapter 4-- 29 insert-- 30

 


 

s 16 12 s 16 Local Government Legislation Amendment Bill 2005 `Part 3A Code of conduct for councillors 1 `Division 1 Preliminary 2 `250A Application of part to Brisbane City Council 3 `This part applies to the Brisbane City Council. 4 `250B Definitions for pt 3A 5 `For this part-- 6 committee of a local government means-- 7 (a) for Brisbane City Council--a committee of the council; 8 or 9 (b) for another local government-- 10 (i) a standing committee or special committee of the 11 local government; or 12 (ii) an advisory committee of the local government if 13 all the members of the committee are councillors. 14 statutory obligation for a councillor-- 15 (a) means an obligation under this Act with which the 16 councillor is required to comply only because of 17 holding, or having held, office as a councillor; but 18 (b) does not include the following obligations-- 19 (i) the obligation under section 243A4 to comply with 20 the code of conduct; 21 (ii) an obligation under a local law. 22 23 Example for definition of statutory obligation-- 24 The obligations under section 250 about use of information by persons 25 who are or have been councillors would be statutory obligations. 26 However, the obligation under section 1072(1), which applies to any 27 person, would not be a statutory obligation. 4 Section 243A (Compliance with code of conduct)

 


 

s 16 13 s 16 Local Government Legislation Amendment Bill 2005 `250C Requirement to adopt code of conduct for councillors 1 `(1) A local government must adopt, by resolution, a code of 2 conduct for councillors that complies with the requirements 3 under division 2-- 4 (a) not later than 1 March 2006; and 5 (b) within 6 months after each quadrennial election held on 6 or after 1 March 2006. 7 `(2) A code of conduct for councillors adopted by the local 8 government must be prepared and notified as required under 9 division 3. 10 `250D Model code of conduct for councillors 11 `(1) A model code of conduct is a document that-- 12 (a) complies with the requirements under division 2; and 13 (b) is proposed by the Minister as suitable for adoption by 14 local governments as a code of conduct for councillors. 15 `(2) A model code of conduct must be gazetted. 16 `(3) If a model code of conduct has been gazetted-- 17 (a) a local government may adopt the model code of 18 conduct as its code of conduct under section 250C; and 19 (b) if a local government does not adopt a code of conduct 20 on or before the day mentioned in section 250C(1)(a) or 21 within the period mentioned in section 250C(1)(b)--the 22 model code of conduct is taken to have been adopted by 23 the local government as its code of conduct. 24 `250E Application and duration of code of conduct 25 `(1) A local government's code of conduct applies to all 26 councillors of the local government in performing the duties 27 of their office. 28 `(2) The code of conduct has effect until-- 29 (a) the next code of conduct is adopted by the local 30 government as required under section 250C(1)(b); or 31

 


 

s 16 14 s 16 Local Government Legislation Amendment Bill 2005 (b) the day by which the local government is next required 1 to adopt a code of conduct under the section. 2 `Division 2 Content of codes of conduct for 3 councillors 4 `250F Statutory and additional obligations of councillors 5 `(1) A code of conduct for a local government must-- 6 (a) identify each statutory obligation for councillors of the 7 local government for which the Act provides a penalty 8 for contravening; and 9 (b) identify each statutory obligation for councillors of the 10 local government for which the Act does not provide a 11 penalty for contravening. 12 `(2) The code may state additional ethical and behavioural 13 obligations with which councillors must comply. 14 `(3) An obligation mentioned in subsection (2) must-- 15 (a) not be inconsistent with a statutory obligation identified 16 in the code; and 17 (b) be based on 1 or more of the ethics principles for local 18 government councillors mentioned in section 250G. 19 `250G Ethics principles for local government councillors 20 `(1) For section 250F(3)(b), the ethics principles for local 21 government councillors are the principles stated in schedule 1. 22 `(2) The ethics principles must be stated in a local government's 23 code of conduct. 24 `250H Code must state what a repeat breach is 25 `A local government's code of conduct must state the 26 circumstances in which a meeting breach or minor breach of 27 the code is a repeat breach of the code. 28

 


 

s 16 15 s 16 Local Government Legislation Amendment Bill 2005 `250I Information about making a complaint 1 `A local government's code of conduct must include 2 information about how a person can find out how to make a 3 complaint about an alleged breach by a councillor of the code 4 of conduct. 5 `Division 3 Procedure for making code of 6 conduct for councillors 7 `250J Notice of draft code of conduct for councillors 8 `(1) A local government may adopt a code of conduct for 9 councillors only if notice of the proposed code has been 10 given. 11 `(2) Notice must be given by-- 12 (a) publishing a prescribed notice-- 13 (i) at least 6 weeks, and not more than 8 weeks, before 14 the meeting at which it is proposed to adopt the 15 code; and 16 (ii) in a newspaper circulated generally in the local 17 government's area; and 18 (b) putting a copy of the prescribed notice on display in a 19 conspicuous place in the local government's public 20 office on the day on which the notice is published under 21 paragraph (a); and 22 (c) keeping the copy of the prescribed notice on display 23 until after the meeting. 24 `(3) In this section-- 25 prescribed notice means a notice stating-- 26 (a) that the draft code of conduct has been prepared; and 27 (b) where copies of the draft code may be obtained; and 28 (c) an invitation for comments on the draft code; and 29 (d) the day by which comments must be received. 30

 


 

s 16 16 s 16 Local Government Legislation Amendment Bill 2005 `(4) The last day for making comments must be at least 21 days 1 after publication of the notice under subsection (2)(a). 2 `(5) This section does not apply to a code of conduct taken to have 3 been adopted under section 250D(3)(b). 4 `250K Requirement to consider comments 5 `In preparing a final draft of a code of conduct for councillors, 6 the local government must consider all comments made on or 7 before the day stated in the notice given under section 250J. 8 `250L Code of conduct to be available for inspection and 9 purchase 10 `A local government must-- 11 (a) ensure its code of conduct is open to inspection; and 12 (b) make copies available for purchase at its public office at 13 a price not more than the cost to the local government of 14 producing the copy and, if a copy is supplied to a 15 purchaser by post, the cost of postage. 16 `Division 4 Enforcement of code of conduct for 17 councillors 18 `Subdivision 1 Preliminary 19 `250M Categories of code of conduct breaches 20 `(1) A councillor commits a meeting breach of the local 21 government's code of conduct if the councillor breaches an 22 obligation under the code, or under a local law, about 23 councillors' behaviour at meetings of-- 24 (a) the local government; or 25 (b) a committee of the local government. 26 `(2) A councillor commits a minor breach of the local 27 government's code of conduct if the councillor breaches an 28

 


 

s 16 17 s 16 Local Government Legislation Amendment Bill 2005 obligation stated in the code under section 250F(2), other than 1 an obligation mentioned in subsection (1). 2 `(3) A councillor commits a repeat breach of the code if the 3 councillor commits a meeting breach or minor breach that, 4 under the code, is a repeat breach. 5 `(4) A councillor commits a statutory breach of the local 6 government's code of conduct if the councillor breaches a 7 statutory obligation identified in the code. 8 `250N References in div 4 to code of conduct breaches 9 `In this division, a reference to a breach of a local 10 government's code of conduct includes, in the context of a 11 complaint about an alleged breach of the code of conduct, a 12 reference to the alleged breach. 13 `Subdivision 2 Meeting breaches 14 `250O Making a complaint about a meeting breach 15 `(1) A complaint about a meeting breach of a local government's 16 code of conduct by a councillor must be made-- 17 (a) at the meeting of the local government, or the committee 18 of the local government, at which the breach is alleged 19 to have been committed; and 20 (b) by another councillor present at the meeting. 21 `(2) The complaint may be made by stating it to the person 22 chairing the meeting. 23 `(3) If a complaint about a meeting breach is made at a meeting of 24 a committee of the local government, the person chairing the 25 meeting must, as soon as practicable, notify the chief 26 executive officer of the local government of the complaint. 27 `(4) The chief executive officer must, as soon as practicable after 28 receiving a complaint under subsection (3), refer the 29 complaint to the local government. 30

 


 

s 16 18 s 16 Local Government Legislation Amendment Bill 2005 `(5) This section does not limit a person's ability to make a 1 complaint under a local law in relation to a breach of an 2 obligation under the law mentioned in section 250M(1). 3 `250P When local government must deal with the complaint 4 `(1) The local government must deal with a complaint about a 5 meeting breach of its code of conduct-- 6 (a) for a complaint made at a meeting of the local 7 government as required under section 250O(1)(a)-- 8 (i) at the meeting; or 9 (ii) if the local government can not deal with the 10 complaint at the meeting because a quorum is not 11 present5--at the next meeting of the local 12 government; or 13 (b) for a complaint made at a meeting of a committee of the 14 local government as required under 15 section 250O(1)(a)--at the next meeting of the local 16 government held after the complaint is referred to it. 17 `(2) In this section-- 18 deal with a complaint means-- 19 (a) decide, under section 250Q(1), to-- 20 (i) take no further action in relation to the complaint; 21 or 22 (ii) refer the complaint to the conduct review panel; or 23 (b) if paragraph (a) does not apply--make the decision 24 about the complaint required under section 250Q(2). 25 `250Q How local government must deal with complaint 26 `(1) The local government may decide, by resolution, to do any of 27 the following in relation to a complaint about a meeting 28 breach of its code of conduct by a councillor-- 29 5 See, also, section 446 (Quorum at meetings).

 


 

s 16 19 s 16 Local Government Legislation Amendment Bill 2005 (a) if the local government is satisfied the complaint 1 concerns frivolous matter or is made vexatiously--take 2 no further action; or 3 (b) if the local government is satisfied the complaint is 4 actually a complaint about a statutory breach by the 5 councillor--refer the complaint to the conduct review 6 panel for review. 7 `(2) If the local government does not deal with the complaint 8 under subsection (1), the local government must decide, by 9 resolution, whether the councillor has committed the alleged 10 meeting breach. 11 `(3) If the local government decides that the councillor committed 12 the meeting breach, it may do any of the following-- 13 (a) take no further action in respect of the breach; 14 (b) by resolution, impose a penalty on the councillor under 15 subdivision 5; 16 (c) if it considers the breach may be a repeat breach of the 17 code of the conduct--refer a complaint about the repeat 18 breach to the conduct review panel for review. 19 `(4) In deciding whether the councillor has breached the code of 20 conduct and whether to impose a penalty on the councillor, 21 the local government must comply with the principles of 22 natural justice. 23 `(5) This section does not limit the local government's ability to 24 deal with breaches of obligations under a local law mentioned 25 in section 250M(1). 26 `Subdivision 3 Minor breaches 27 `250R Making a complaint about a minor breach 28 `A complaint about a minor breach of a local government's 29 code of conduct by a councillor must be made under the local 30 government's general complaints process.6 31 6 See chapter 6 (General operation of local governments), part 5 (General complaints process).

 


 

s 16 20 s 16 Local Government Legislation Amendment Bill 2005 `250S How local government must deal with complaints 1 officer's report 2 `(1) This section applies if-- 3 (a) a report about a complaint about a minor breach of a 4 local government's code of conduct is given to the local 5 government by the complaints officer who investigated 6 it under the general complaints process; and 7 (b) the report states the complaint has not been resolved 8 through the process. 9 `(2) The local government may decide, by resolution, to take no 10 further action in relation to the complaint if the local 11 government is satisfied it concerns frivolous matter or was 12 made vexatiously. 13 `(3) If the local government does not deal with the complaint 14 under subsection (2), the local government must decide, by 15 resolution, whether the councillor has committed the alleged 16 minor breach. 17 `(4) If the local government decides the councillor committed the 18 minor breach, it may do any of the following-- 19 (a) take no further action in respect of the breach; 20 (b) by resolution, impose a penalty on the councillor under 21 subdivision 5; 22 (c) if it considers the breach may be a repeat breach of the 23 code of conduct--refer a complaint about the repeat 24 breach to its conduct review panel for review. 25 `(5) In deciding whether the councillor has breached the code of 26 conduct and whether to impose a penalty on the councillor, 27 the local government must comply with the principles of 28 natural justice. 29

 


 

s 16 21 s 16 Local Government Legislation Amendment Bill 2005 `Subdivision 4 Repeat breaches and statutory 1 breaches 2 `250T Making a complaint about a statutory breach 3 `(1) A person may make a complaint about a statutory breach by a 4 councillor by giving written notice of the complaint to the 5 local government's chief executive officer. 6 `(2) Subsection (1) does not limit a person's ability to make a 7 complaint about a statutory breach under the Crime and 8 Misconduct Act 2001 or the Ombudsman Act 2001. 9 `250U Referring complaints about statutory breaches to 10 conduct review panel 11 `(1) The chief executive officer must refer a complaint about a 12 statutory breach of the local government's code of conduct by 13 a councillor to the conduct review panel for review if-- 14 (a) the complaint is made to the chief executive officer 15 under section 250T(1) and the chief executive officer is 16 not required, under the Crime and Misconduct Act 2001, 17 to notify the CMC about the complaint; or 18 (b) a complaint about the breach has been made to the CMC 19 or the ombudsman (the external review body) and the 20 external review body has notified the chief executive 21 officer that the external review body-- 22 (i) has decided not to take action, or to discontinue 23 action, in relation to the complaint; and 24 (ii) recommends the complaint be referred to the local 25 government's conduct review panel for review. 26 `(2) If a complaint is referred to the conduct review panel under 27 subsection (1), the chief executive officer must, as soon as 28 practicable, give the councillor written notice that a complaint 29 about a statutory breach by the councillor has been referred to 30 the panel. 31

 


 

s 16 22 s 16 Local Government Legislation Amendment Bill 2005 `250V Review of complaints by conduct review panel 1 `(1) The conduct review panel must review a complaint about a 2 repeat breach or statutory breach of the local government's 3 code of conduct by a councillor if the complaint is referred to 4 the panel by-- 5 (a) for a repeat breach--the local government under 6 section 250Q or 250S; or 7 (b) for a statutory breach--the chief executive officer under 8 section 250U. 9 `(2) The conduct review panel must give a report to the local 10 government about its review of the complaint. 11 `(3) In the report, the panel may-- 12 (a) state whether-- 13 (i) the panel considers the complaint to concern 14 frivolous matter or to have been made vexatiously; 15 or 16 (ii) the panel considers more information would be 17 required to make a recommendation mentioned in 18 paragraph (b); and 19 (b) make recommendations to the local government 20 about-- 21 (i) whether the panel considers the councillor 22 committed the alleged repeat breach or statutory 23 breach; and 24 (ii) what the panel considers would be an appropriate 25 penalty, as provided for under subdivision 5, for 26 the councillor. 27 `(4) Subsection (3)(a)(i) does not apply in relation to a complaint 28 about a statutory breach mentioned in section 250U(1)(b). 29 `(5) A councillor is not entitled to inspect, make a copy of, or take 30 an extract from, a panel document relating to the complaint 31 until the panel has given a report about the complaint to the 32 local government as required under subsection (2). 33 `(6) In this section-- 34 panel document means any of the following-- 35

 


 

s 16 23 s 16 Local Government Legislation Amendment Bill 2005 (a) a document held by the conduct review panel; 1 (b) a record about a proceeding of the conduct review panel. 2 `250W Decision by local government about repeat breach or 3 statutory breach 4 `(1) This section applies if the conduct review panel gives the local 5 government a report on a complaint about a repeat breach or 6 statutory breach it has reviewed as required under 7 section 250V. 8 `(2) Unless the report states the panel considers the complaint to 9 concern frivolous matter or to have been made vexatiously, 10 the local government must decide, by resolution, whether the 11 councillor has committed the alleged repeat breach or 12 statutory breach. 13 `(3) If the local government decides the councillor has committed 14 the breach, it may-- 15 (a) take no further action in respect of the breach; or 16 (b) by resolution, impose a penalty on the councillor under 17 subdivision 5. 18 `(4) In deciding whether the councillor breached the code of 19 conduct and whether to impose a penalty on the councillor, 20 the local government must comply with the principles of 21 natural justice. 22 `(5) A resolution made by the local government under this section 23 that does not adopt a recommendation made by the conduct 24 review panel must include a statement of the reasons for not 25 adopting the recommendation. 26 `Subdivision 5 Penalties 27 `250X Penalties local government may impose 28 `(1) This section applies if a local government decides, under 29 section 250Q, 250S or 250W, that a councillor has breached 30 the local government's code of conduct. 31

 


 

s 16 24 s 16 Local Government Legislation Amendment Bill 2005 `(2) The local government may impose 1 or more of the following 1 penalties on the councillor-- 2 (a) a written reprimand; 3 (b) for a meeting breach--suspension from the remainder 4 of the local government meeting at which the local 5 government decides the councillor has breached the 6 code; 7 (c) suspension for a stated period from future meetings of-- 8 (i) the local government; and 9 (ii) a committee of the local government of which the 10 councillor is a member. 11 `(3) The maximum period of a suspension under subsection (2)(c) 12 must not include more than-- 13 (a) for a meeting breach or minor breach--1 ordinary 14 meeting of the local government; or 15 (b) for a repeat breach or statutory breach--2 consecutive 16 ordinary meetings of the local government. 17 `250Y Effect of suspension of councillor for s 252 18 `(1) This section applies if a local government imposes a penalty 19 on a councillor under section 250X(2)(c). 20 `(2) For section 252,7 the councillor is taken to have leave from the 21 local government to be absent from the meetings of the local 22 government from which the councillor is suspended. 23 `Subdivision 6 Conduct review panel 24 `250Z Pool of members for conduct review panel 25 `(1) Each local government must appoint a pool of members for its 26 conduct review panel. 27 7 Section 252 (When councillor's office becomes vacant)

 


 

s 16 25 s 16 Local Government Legislation Amendment Bill 2005 `(2) An individual must not be appointed to the pool of members 1 unless, under section 250ZA, the individual is qualified for 2 appointment as a member of the panel. 3 `(3) An individual may be appointed to the pool of members for 4 not more than 4 years. 5 `(4) When the panel is convened, it must consist of not less than 6 3 individuals from the pool of members. 7 `(5) The panel may be convened by the local government as 8 required to review complaints referred to the panel under 9 subdivision 4. 10 `250ZAQualifications for appointment as member of conduct 11 review panel 12 `(1) An individual is qualified for appointment as a member of a 13 conduct review panel only if the individual-- 14 (a) has extensive knowledge and experience in local 15 government, public administration, law, public finance 16 or community affairs; or 17 (b) has other qualifications and experience the local 18 government considers appropriate. 19 `(2) However, an individual who would otherwise be qualified for 20 appointment under subsection (1) is not qualified if the 21 individual-- 22 (a) is a member of, or is a nominee for election as a member 23 of, an Australian parliament; or 24 (b) is a councillor of, or is a nominee for election as a 25 councillor of, a local government; or 26 (c) accepts appointment as a councillor of a local 27 government; or 28 (d) is a member of a political party; or 29 (e) is a local government employee. 30

 


 

s 16 26 s 16 Local Government Legislation Amendment Bill 2005 `250ZBRemoval from pool of conduct review panel members 1 `Individuals may remove themselves from the pool of 2 members for a conduct review panel by giving written notice 3 to the local government. 4 `250ZCQuorum for meetings of conduct review panel 5 `A quorum for a meeting of a conduct review panel is the 6 greater of the following-- 7 (a) 3 panel members; 8 (b) a majority of the panel members. 9 `250ZDChairperson of conduct review panel 10 `(1) If the local government does not appoint a chairperson for a 11 conduct review panel, the panel may appoint 1 of its members 12 as chairperson. 13 `(2) If the chairperson is not present at a meeting, the members 14 present may appoint a chairperson for the meeting. 15 `250ZEMeetings of conduct review panel 16 `(1) Meetings of a conduct review panel are to be held at the times 17 and places it decides. 18 `(2) At a meeting-- 19 (a) a question is decided by a majority of the votes of the 20 members present; and 21 (b) each member present has a vote on each question to be 22 decided and, if the votes are equal, the chairperson for 23 the meeting has a casting vote; and 24 (c) if a member present fails to vote, the member is taken to 25 have voted in the negative. 26

 


 

s 16 27 s 16 Local Government Legislation Amendment Bill 2005 `250ZF Payment of fee to members of conduct review panel 1 by local government 2 `A member of a conduct review panel is entitled to be paid a 3 fee for attending meetings of the panel as agreed with the 4 local government. 5 `250ZGCosts of conduct review panel to be met by local 6 government 7 `The costs of convening a conduct review panel must be paid 8 by the local government. 9 10 Examples of costs-- 11 � reimbursement of travel and accommodation expenses incurred by 12 members in attending meetings of the panel 13 � meeting fees payable to members of the panel as agreed by the local 14 government `250ZHIndemnity for panel members 15 `(1) A member of a conduct review panel does not incur civil 16 liability for an act or omission done honestly and without 17 negligence under this Act. 18 `(2) A liability that would, apart from this section, attach to a 19 member of a conduct review panel attaches instead to the local 20 government. 21 `250ZI Indemnity for persons giving information to a conduct 22 review panel 23 `(1) A person giving information to a conduct review panel does 24 not incur civil liability for giving information to the panel 25 honestly and without negligence. 26 `(2) This section does not limit the operation of the 27 Whistleblowers Protection Act 1994. 28

 


 

s 17 28 s 18 Local Government Legislation Amendment Bill 2005 `Subdivision 7 Miscellaneous 1 `250ZJ Frivolous or vexatious complaint 2 `(1) A local government may give notice to a person that a 3 complaint made by the person about a breach of the local 4 government's code of conduct by a councillor will not be dealt 5 with because it appears-- 6 (a) to concern frivolous matter; or 7 (b) to have been made vexatiously. 8 `(2) The notice must advise the person that if the person again 9 makes the same or substantially the same complaint to the 10 local government the person commits an offence under 11 subsection (3). 12 `(3) A person who, after receiving the notice mentioned in 13 subsection (2), again makes the same or substantially the same 14 complaint to the local government commits an offence. 15 Maximum penalty--20 penalty units. 16 `(4) It is a defence to prove that the complaint did not concern 17 frivolous matter and was not made vexatiously. 18 `(5) This section does not apply in relation to a complaint about a 19 statutory breach originally made to the CMC or the 20 ombudsman and referred to the conduct review panel under 21 section 250U.'. 22 Clause 17 Amendment of s 469 (Inspection of records by members) 23 Section 469(4), `section 1135'-- 24 omit, insert-- 25 `sections 250V(5) and 1135'. 26 Clause 18 Insertion of new ch 6, pt 5 27 Chapter 6-- 28 insert-- 29

 


 

s 18 29 s 18 Local Government Legislation Amendment Bill 2005 `Part 5 General complaints process 1 `501A Application to Brisbane City Council 2 `This part applies to the Brisbane City Council. 3 `501B Definitions for pt 5 4 `In this part-- 5 affected person means a person who is apparently directly 6 affected by-- 7 (a) an administrative action of a local government; or 8 (b) an alleged minor breach by a councillor of the local 9 government's code of conduct. 10 complaint-- 11 (a) means a complaint under a local government's general 12 complaints process; but 13 (b) does not include a complaint that could be made under 14 the complaints process provided for under chapter 11.8 15 `501C Meaning of administrative action 16 `An administrative action of a local government is an action 17 about a matter of administration, and includes each of the 18 following-- 19 (a) a decision and an act; 20 (b) a failure to make a decision or do an act, including a 21 failure to provide a written statement of reasons for a 22 decision; 23 (c) the formulation of a proposal or intention; 24 (d) the making of a recommendation. 25 8 Chapter 11 (Complaints about competitive neutrality)

 


 

s 18 30 s 18 Local Government Legislation Amendment Bill 2005 `501D Local government to establish general complaints 1 process 2 `(1) Each local government must, not later than the day mentioned 3 in subsection (2), establish a process (a general complaints 4 process) for resolving complaints by affected persons about-- 5 (a) administrative action of the local government; or 6 (b) an alleged minor breach of the local government's code 7 of conduct by a councillor. 8 `(2) For subsection (1), the day is the earlier of the following-- 9 (a) the day the local government adopts its first code of 10 conduct as required under section 250C; 11 (b) 1 March 2006. 12 `(3) The process must be adopted by resolution of the local 13 government. 14 `(4) The local government must give notice of the adoption of the 15 process by publishing, not later than 1 week after the 16 resolution adopting the process is passed, a prescribed notice 17 in a newspaper circulated generally in the local government's 18 area. 19 `(5) In this section-- 20 prescribed notice means a notice stating the day on which the 21 general complaints process was adopted by the local 22 government. 23 `501E Requirements for general complaints process 24 `(1) The general complaints process must include at least the 25 following elements-- 26 (a) the process for selecting and appointing a complaints 27 officer to investigate complaints; 28 (b) preliminary procedures before an affected person can 29 make a complaint; 30 (c) the way an affected person may make a complaint; 31 (d) sending complaints to, and their investigation by, the 32 complaints officer; 33

 


 

s 18 31 s 18 Local Government Legislation Amendment Bill 2005 (e) giving an affected person who makes a complaint an 1 opportunity to give the complaints officer further 2 information about the complaint; 3 (f) a requirement that the complaints officer give the local 4 government and affected person notice of a decision 5 made by the officer under section 501F and the reasons 6 for the decision; 7 (g) a requirement that, if the complaint is not resolved to the 8 affected person's satisfaction through the general 9 complaints process, the complaints officer give the local 10 government and affected person-- 11 (i) a written report on the results of the officer's 12 investigation of the complaint; and 13 (ii) any recommendation in relation to the complaint 14 the officer considers appropriate; 15 (h) the time within which the complaints officer must give 16 the report and any recommendation mentioned in 17 paragraph (g) to the local government; 18 (i) if a report and any recommendation mentioned in 19 paragraph (g) is given to the local government--a 20 requirement that the local government give the affected 21 person notice of the outcome of the local government's 22 consideration of the report and recommendation; 23 (j) recording the number of complaints made and resolved 24 through the general complaints process. 25 `(2) Also, the process mentioned in subsection (1)(a) must require 26 that the person appointed to be a complaints officer to 27 investigate a complaint must not be involved with the 28 administrative action or alleged minor breach of the code of 29 conduct that is the subject of the complaint. 30 `501F Refusal to investigate complaint 31 `(1) The complaints officer may refuse to investigate a complaint 32 or, having started to investigate a complaint, refuse to 33 continue the investigation if the officer reasonably considers 34 that-- 35 (a) the complaint is trivial; or 36

 


 

s 19 32 s 19 Local Government Legislation Amendment Bill 2005 (b) the complaint concerns frivolous matter or was made 1 vexatiously; or 2 (c) the person who made the complaint (the complainant) 3 does not have a sufficient direct interest in the 4 administrative action or alleged minor breach of the 5 code of conduct complained of; or 6 (d) both of the following apply-- 7 (i) the complainant has a right of appeal, reference or 8 review, or another remedy, that the person has not 9 exhausted; 10 (ii) it would be reasonable in the circumstances to 11 require the complainant to exhaust the right or 12 remedy before the officer investigates, or continues 13 to investigate, the complaint; or 14 (e) in the circumstances, investigating the administrative 15 action or alleged minor breach of the code of conduct 16 complained of is unnecessary or unjustifiable. 17 `(2) A right or remedy mentioned in subsection (1)(d) does not 18 include a right to make an application to the Supreme Court 19 under the Judicial Review Act 1991.'. 20 Clause 19 Amendment of s 534 (Content of report about other 21 issues of public interest) 22 (1) Section 534-- 23 insert-- 24 `(n) each of the following details for a financial year starting 25 on 1 July 2005 or later-- 26 (i) the total number of breaches of the local 27 government's code of conduct committed by 28 councillors as decided during the year by the local 29 government; 30 (ii) the name of each councillor decided during the 31 year by the local government to have breached the 32 code, a description of how the councillor breached 33 the code, and details of any penalty imposed by the 34 local government on the councillor; 35

 


 

s 19 33 s 19 Local Government Legislation Amendment Bill 2005 1 Examples of how breaches of the code of conduct might be 2 described-- 3 � misconduct at a local government meeting 4 � misuse of confidential information 5 � directing an employee in contravention of 6 section 230(2) of the Act (iii) the number of complaints about alleged code of 7 conduct breaches by councillors, other than 8 frivolous or vexatious complaints, that were 9 referred to the conduct review panel during the 10 year by the local government or the chief executive 11 officer under chapter 4, part 3A; 12 (iv) the number of recommendations made to the local 13 government by the conduct review panel during the 14 year that were adopted, or not adopted, by the local 15 government; 16 (v) the number of complaints resolved under the local 17 government's general complaints process during 18 the year and the number of those complaints that 19 related to an alleged breach by a councillor of the 20 local government's code of conduct; 21 (vi) the number of complaints made to the ombudsman, 22 and notified to the local government, during the 23 year about decisions made by the local government 24 in relation to enforcement of its code of conduct.'. 25 (2) Section 534-- 26 insert-- 27 `(2) In this section-- 28 frivolous or vexatious complaint means a complaint about a 29 code of conduct breach by a councillor considered by the 30 conduct review panel to-- 31 (a) concern frivolous matter; or 32 (b) have been made vexatiously.'. 33

 


 

s 20 34 s 21 Local Government Legislation Amendment Bill 2005 Clause 20 Amendment of s 1182 (Local governments' liability for 1 permanent employees) 2 Section 1182-- 3 insert-- 4 `(4) However, the local government is not required to pay a 5 contribution for the employee if, before the local government 6 is required under subsection (1) to make the contribution, the 7 employee has given the local government a notice under 8 section 1183A.'. 9 Clause 21 Insertion of new s 1183A 10 After section 1183-- 11 insert-- 12 `1183AElection by permanent employee to cease 13 contributions 14 `(1) A permanent employee of a local government may elect that 15 the local government stop paying contributions under 16 section 1182 for the employee. 17 `(2) The election may be made only if the total of the amounts to 18 which the employee is entitled as evidenced by the statements 19 mentioned in subsection (3)(b) is more than the employee's 20 pension RBL. 21 `(3) To make the election, the employee must give the local 22 government a written notice-- 23 (a) stating the employee elects that the local government 24 stop paying contributions under section 1182 for the 25 employee; and 26 (b) accompanied by the statements mentioned in the 27 Superannuation Guarantee (Administration) Act 1992 28 (Cwlth), section 19(4)(b).9 29 `(4) The election is irrevocable. 30 `(5) In this section-- 31 9 Superannuation Guarantee (Administration) Act 1992 (Cwlth), section 19 (Individual superannuation guarantee shortfalls)

 


 

s 22 35 s 22 Local Government Legislation Amendment Bill 2005 pension RBL see the Income Tax Assessment Act 1936 1 (Cwlth), section 140ZD.10'. 2 Clause 22 Insertion of new sch 1 3 After chapter 19-- 4 insert-- 5 `Schedule 1 Ethics principles for local 6 government councillors 7 section 250G(1) 8 `1 Integrity of local government 9 `(1) It is vital that the public has confidence in a local 10 government's ability to ensure the good rule and government 11 of its area. 12 `(2) Councillors must conduct themselves in a way that promotes 13 and maintains the public's trust and confidence in the local 14 government and the good rule and government of its area. 15 `2 Primacy of the public interest 16 `(1) Councillors are elected to act in the public interest and to 17 make decisions solely in terms of the public interest. 18 `(2) Councillors must take steps to avoid, resolve or disclose 19 conflicts of interest. 20 `3 Independence of action by councillors 21 `Councillors must not place themselves under any financial 22 obligation that may influence them in discharging their duties 23 and responsibilities as councillors. 24 10 Income Tax Assessment Act 1936 (Cwlth), section 140ZD (Lump sum RBLs and pension RBLs)

 


 

s 23 36 s 23 Local Government Legislation Amendment Bill 2005 `4 Appropriate use of information by councillors 1 `Councillors who, in the course of carrying out their duties, 2 receive information that is not available to the general public 3 must not misuse this information, particularly for personal 4 gain. 5 `5 Transparency and scrutiny 6 `(1) It is vital that the public has confidence in the integrity of a 7 local government's decision-making processes. 8 `(2) To ensure transparency and public scrutiny of, and public 9 confidence in, those processes, councillors must disclose their 10 financial interests. 11 `6 Appropriate use of entitlements 12 `Councillors must comply with the requirements about using 13 entitlements provided for under the local government's 14 remuneration policies.'. 15 Clause 23 Amendment of schedule (Dictionary) 16 Schedule-- 17 insert-- 18 `administrative action, for chapter 6, part 5, see section 501C. 19 affected person, for chapter 6, part 5, see section 501B. 20 CMC means the Crime and Misconduct Commission under 21 the Crime and Misconduct Act 2001. 22 code of conduct, for a local government, means the code of 23 conduct for councillors adopted, or taken to have been 24 adopted, by the local government under chapter 4, part 3A. 25 committee, for chapter 4, part 3A, see section 250B. 26 complaint, for chapter 6, part 5, see section 501B. 27 conduct review panel, for a local government, means the 28 conduct review panel convened by the local government as 29 required under chapter 4, part 3A. 30

 


 

s 24 37 s 26 Local Government Legislation Amendment Bill 2005 general complaints process see section 501D(1). 1 meeting breach, for chapter 4, part 3A, see section 250M(1). 2 minor breach, for chapter 4, part 3A and chapter 6, part 5, see 3 section 250M(2). 4 repeat breach, for chapter 4, part 3A, see section 250M(3). 5 statutory breach, for chapter 4, part 3A, see section 250M(4). 6 statutory obligation, for chapter 4, part 3A, see 7 section 250B.'. 8 Part 4 Amendment of Local 9 Government (Community 10 Government Areas) Act 2004 11 Clause 24 Act amended in pt 4 12 This part amends the Local Government (Community 13 Government Areas) Act 2004. 14 Clause 25 Insertion of new s 11A 15 Part 2, division 3-- 16 insert-- 17 `11A Application of enterprise provisions in Local 18 Government Act 1993 19 `All enterprises of a community government are taken to be 20 exempt enterprises for the Local Government Act 1993, 21 section 495.11'. 22 Clause 26 Amendment of s 14 (Meaning of reviewable community 23 government matter) 24 (1) Section 14(1)-- 25 11 Local Government Act 1993, section 495 (Application of part)

 


 

s 27 38 s 27 Local Government Legislation Amendment Bill 2005 insert-- 1 `(ea) assigning and reassigning councillors of a community 2 government to indigenous social groupings;'. 3 (2) Section 14(1)(ea) to (g)-- 4 renumber as section 14(1)(f) to (h). 5 Clause 27 Amendment of s 18 (Commissions must have regard to 6 prescribed issues) 7 Section 18, `the issues'-- 8 omit, insert-- 9 `any issues'. � State of Queensland 2005

 


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