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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Local Government Reform
Implementation Bill 2007
Queensland
Local Government Reform
Implementation Bill 2007
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Local Government Act 1993
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Amendment of s 18 (Declaration of classes of local government
areas) .......................................... 8
4 Amendment of s 34 (Local government name) . . . . . . . . . . . . . . 9
5 Insertion of new ch 3, pt 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Part 1B Implementation of whole of Queensland local
government boundaries reform
Division 1 Preliminary
159YA Application of pt 1B . . . . . . . . . . . . . . . . . . . . . . . . . . 9
159YB Objectives of pt 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
159YC Operation of pt 1B in relation to pt 1. . . . . . . . . . . . . . 10
159YD Definitions for pt 1B . . . . . . . . . . . . . . . . . . . . . . . . . . 10
159YE Changeover day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 2 Establishment of new local government areas
and adjustments of local government areas
Subdivision 1 Preliminary
159YF Operation of sch 1A . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Subdivision 2 New local government areas
159YG Establishment of new local government areas (sch
1A, pt 1) ............................... 16
159YH Operation of sch 1A, pt 1 . . . . . . . . . . . . . . . . . . . . . . 16
Subdivision 3 Adjusted local government areas
159YI Transfer of transferring areas . . . . . . . . . . . . . . . . . . . 17
159YJ Operation of sch 1A, pt 2 . . . . . . . . . . . . . . . . . . . . . . 18
2
Local Government Reform Implementation Bill 2007
Subdivision 4 Continuing local government areas
159YK Changes applying to continuing local government
areas ................................ 19
159YL Operation of sch 1A, pt 3 . . . . . . . . . . . . . . . . . . . . . . 19
Subdivision 5 Regulations supporting divisions 2 to 4
159YM Limit of division arrangements regulation . . . . . . . . . . 20
159YN Regulation for declaring information about local
governments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Subdivision 6 Division boundaries for new, adjusted and
continuing local government areas
159YO Commissioner to decide division boundaries . . . . . . . 22
159YP Review of commissioner's decision . . . . . . . . . . . . . . 23
Division 3 Implementation of reform matters
159YQ Reform implementation regulations . . . . . . . . . . . . . . 23
Division 4 Local transition committees
Subdivision 1 Local transition committees for new local
government areas
159YR Establishment and composition of local transition
committees for new local governments . . . . . . . . . . . 25
159YS Guidelines for local transition committees . . . . . . . . . 26
159YT Responsibility to act in public interest . . . . . . . . . . . . 27
159YU Functions of local transition committee . . . . . . . . . . . 27
159YV First meeting of local transition committee and
public notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
159YW Appointment of interim chief executive officer for
new local government. . . . . . . . . . . . . . . . . . . . . . . . . 29
159YX Employment subcommittee . . . . . . . . . . . . . . . . . . . . 30
Subdivision 2 Transferring area local transition committees
159YY Establishment and composition of transferring area
local transition committees . . . . . . . . . . . . . . . . . . . . . 30
159YZ Functions of transferring area local transition
committee ............................. 31
Division 5 Transition action plans
159Z Transition action plans for new local government area 31
159ZA Guidelines for transition action plans . . . . . . . . . . . . . 32
Division 6 Interim chief executive officers
159ZB Functions of interim chief executive officer before
changeover day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
159ZC Responsibility of chief executive officer to help interim
chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . 33
3
Local Government Reform Implementation Bill 2007
159ZD Functions of interim chief executive officer from
changeover day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 7 Employment matters
159ZE Definition for div 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
159ZF Application of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
159ZG Prohibition on retrenchment because of reform
matter implementation . . . . . . . . . . . . . . . . . . . . . . . . 35
159ZH Local government workforce transition code of
practice .............................. 36
159ZI When workforce transition code of practice takes
effect ............................... 37
Division 8 2008 quadrennial elections for all local
government areas
159ZJ Quadrennial elections in 2008 to be held on 15
March instead of 29 March. . . . . . . . . . . . . . . . . . . . . 37
159ZK Holding of 2008 quadrennial elections . . . . . . . . . . . . 38
159ZL Conduct of 2008 quadrennial elections by electoral
commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
159ZM Changed application of s 220 for Northern
Peninsula Area and Torres Strait Island regional
councils .............................. 39
159ZN Other changes to ch 5 for type 1, 2 and 3 elections . . 39
159ZO Changed references to particular matters . . . . . . . . . 40
Division 9 State intervention powers
159ZP Definition for div 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
159ZQ Giving of directions under div 9 . . . . . . . . . . . . . . . . . 41
159ZR Directions by chief executive . . . . . . . . . . . . . . . . . . . 41
159ZS Powers of Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
159ZT Compliance with direction . . . . . . . . . . . . . . . . . . . . . 43
Division 10 Special arrangements for transition period
159ZU Definition for div 10. . . . . . . . . . . . . . . . . . . . . . . . . . . 43
159ZV Application of div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . 43
159ZW Prohibition on major policy decision in transition
period ............................. 44
159ZX Invalidity of major policy decision in transition
period if decision revoked. . . . . . . . . . . . . . . . . . . . . . 44
Division 11 Miscellaneous
159ZY Polls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
159ZZ State Transition Committee . . . . . . . . . . . . . . . . . . . . 46
159ZZA Expiry of pt 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
4
Local Government Reform Implementation Bill 2007
6 Insertion of new ss 236A and 236B . . . . . . . . . . . . . . . . . . . . . . . 46
236A Remuneration for councillors of local governments . . 46
236B Reimbursement of expenses and provision of
facilities for councillors of local governments . . . . . . . 47
7 Amendment of s 237 (Remuneration for service on local
government and advisory committees) . . . . . . . . . . . . . . . . . . . . 48
8 Amendment of s 238A (Councillors may make salary sacrifice
arrangements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
9 Insertion of new ch 4, pt 3, divs 3 and 4. . . . . . . . . . . . . . . . . . . . 48
Division 3 Local Government Remuneration Tribunal
Subdivision 1 Establishment, functions and membership
250AA Establishment of Local Government Remuneration
Tribunal ............................... 49
250AB Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
250AC Members of remuneration tribunal . . . . . . . . . . . . . . . 49
250AD Disqualification from membership . . . . . . . . . . . . . . . 50
250AE Remuneration and appointment conditions of
members ............................ 51
Subdivision 2 Staffing arrangements and meetings
250AF Work performance arrangements. . . . . . . . . . . . . . . . 51
250AG Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . 52
Subdivision 3 Categorising local governments
250AH Establishing categories of local governments . . . . . . 52
250AI Criteria for establishing categories . . . . . . . . . . . . . . . 53
250AJ Deciding and reviewing categories of local
governments to which local governments belong. . . . 53
Subdivision 4 Remuneration schedule
250AK Deciding remuneration . . . . . . . . . . . . . . . . . . . . . . . . 54
250AL Discretion to vary remuneration in exceptional
circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Subdivision 5 Inquiries conducted by remuneration tribunal
250AM Remuneration tribunal may make inquiries . . . . . . . . 55
250AN Conduct of inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . 55
250AO Membership of remuneration tribunal changes
during inquiry .......................... 56
Subdivision 6 Reports
250AP Remuneration tribunal reports . . . . . . . . . . . . . . . . . . 57
250AQ Notification and tabling of report. . . . . . . . . . . . . . . . . 57
Division 4 Reimbursement of expenses and provision of
facilities
5
Local Government Reform Implementation Bill 2007
250AR Requirement to adopt expenses reimbursement
policy ............................... 58
250AS Amending expenses reimbursement policy . . . . . . . . 58
250AT Notification of adoption of expenses reimbursement
policy ............................... 58
250AU Meetings in public about expenses reimbursement
policy ............................... 59
10 Amendment of s 534 (Content of report about other issues of
public interest) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
11 Amendment of s 867 (Step 2--ensure proposed law
satisfactorily deals with any State interest). . . . . . . . . . . . . . . . . . 59
12 Insertion of new ch 12, pt 2, div 6. . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 6 Anti-competitive provisions of existing local
laws and existing subordinate local laws
893A Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
893B Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
893C Expiry of local laws and subordinate local laws
unless local government complies with division . . . . . 61
893D Review of anti-competitive provisions in local laws
and subordinate local laws . . . . . . . . . . . . . . . . . . . . . 61
893E Public interest test of anti-competitive provisions . . . . 61
893F Local government to decide on test and report
process ............................. 62
893G Public interest test report to be presented to local
government meeting. . . . . . . . . . . . . . . . . . . . . . . . . . 62
893H Local government to resolve whether to implement
recommendations of public interest test . . . . . . . . . . . 62
893I Public interest test reports open to inspection . . . . . . 63
893J Repeal or amendment of anti-competitive provision . 64
893K Timing for resolution and implementation. . . . . . . . . . 65
893L Regulation about public interest tests and public
interest test reports . . . . . . . . . . . . . . . . . . . . . . . . . . 65
13 Amendment of ch 12, pt 4, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 65
14 Insertion of new s 897B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
897B Consolidated versions of local laws and
subordinate local laws . . . . . . . . . . . . . . . . . . . . . . . . 66
15 Amendment of s 898 (Proof of local laws and subordinate local
laws) ......................................... 66
16 Amendment of s 899A (Definitions for pt 5) . . . . . . . . . . . . . . . . . 67
17 Omission of ch 19, pt 1, div 4 (Anti-competitive provisions of
existing local laws and existing subordinate local laws) . . . . . . . . 67
18 Insertion of new ch 19, pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
6
Local Government Reform Implementation Bill 2007
Part 12 Transitional provisions for Local Government
Reform Act 2007
1274 Review of anti-competitive provisions of local laws
and subordinate local laws made in 2007 . . . . . . . . . 68
1275 Public office for new local government . . . . . . . . . . . . 68
19 Insertion of new schs 1A-1C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Schedule 1A Local government reform implementation
Schedule 1B Composition of new local transition committees
for particular new local governments
Schedule 1C Composition of transferring area local transition
committees
20 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 75
Part 3 Amendment of City of Brisbane Act 1924
21 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
22 Insertion of new pt 2, div 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Division 5A Special provisions for 2008 quadrennial
elections
17B Quadrennial elections in 2008 to be held on 15
March instead of 29 March. . . . . . . . . . . . . . . . . . . . . 77
17C Conduct of 2008 quadrennial elections by electoral
commission under s 17A . . . . . . . . . . . . . . . . . . . . . . 77
17D Expiry of div 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Schedule Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Local Government Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
2007
A Bill
for
An Act to provide for the implementation of structural reform of
local governments, and for other purposes
s1 8 s3
Local Government Reform Implementation Bill 2007
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Local Government Reform 4
Implementation Act 2007. 5
Part 2 Amendment of Local 6
Government Act 1993 7
Clause 2 Act amended in pt 2 8
This part and the schedule amend the Local Government Act 9
1993. 10
Clause 3 Amendment of s 18 (Declaration of classes of local 11
government areas) 12
(1) Section 18(2), after `following--'-- 13
insert-- 14
`· region'. 15
(2) Section 18(3), `a city or town'-- 16
omit, insert-- 17
`a region, city or town'. 18
(3) Section 18(4), after `shire'-- 19
insert-- 20
`or to the 4 classes of region, city, town or shire'. 21
s4 9 s5
Local Government Reform Implementation Bill 2007
Clause 4 Amendment of s 34 (Local government name) 1
(1) Section 34(a), `City/Town/Shire'-- 2
omit, insert-- 3
`Region/City/Town/Shire'. 4
(2) Section 34(b), `City/Town/Shire'-- 5
omit, insert-- 6
`Regional/City/Town/Shire'. 7
Clause 5 Insertion of new ch 3, pt 1B 8
Chapter 3-- 9
insert-- 10
`Part 1B Implementation of whole of 11
Queensland local government 12
boundaries reform 13
`Division 1 Preliminary 14
`159YA Application of pt 1B 15
`(1) This part does not apply to the Brisbane City Council. 16
`(2) This part applies to a Torres Strait Islander local government. 17
`159YB Objectives of pt 1B 18
`(1) This part has a number of objectives. 19
`(2) Firstly an objective of this part is the objective stated for part 20
1A in section 159B. 21
`(3) Secondly, an objective of this part is to implement decisions 22
for the structural reform of local governments, which reform 23
includes-- 24
(a) following the making of recommendations by the 25
reform commission under part 1A, the establishment of 26
s5 10 s5
Local Government Reform Implementation Bill 2007
particular local government areas to replace particular 1
existing local government areas; and 2
(b) the creation of new structural and governance 3
arrangements. 4
`(4) Thirdly, an objective of this part is to provide for the transition 5
of existing local governments to the new arrangements. 6
`159YC Operation of pt 1B in relation to pt 1 7
`To remove any doubt, it is declared that the requirements 8
applying under part 1 for the implementation of reviewable 9
local government matters do not apply to the implementation 10
of a reform matter under this part. 11
`159YD Definitions for pt 1B 12
In this part-- 13
`adjusted local government means a local government whose 14
local government area is an adjusted local government area. 15
adjusted local government area means a local government 16
area that under this part is changed by-- 17
(a) the inclusion of an area in it; or 18
(b) the exclusion of an area from it. 19
area map means a map or group of maps showing 1 or more 20
of the following-- 21
(a) the external boundaries of a local government area; 22
(b) the division boundaries of a local government area that 23
is divided; 24
(c) a transferring area. 25
caretaker period, for an election for a new local government, 26
means the election period for the election. 27
changeover day see section 159YE. 28
chief returning officer means the commissioner. 29
s5 11 s5
Local Government Reform Implementation Bill 2007
continuing local government means a local government 1
whose local government area is a continuing local government 2
area. 3
continuing local government area see section 159YK. 4
division arrangements regulation means a regulation under 5
section 159YH, 159YJ or 159YL. 6
employee, for division 7, see section 159ZE. 7
existing local government means a local government whose 8
local government area is an existing local government area. 9
existing local government area means a local government 10
area as in existence on the commencement of this section. 11
function includes power. 12
local transition committee means-- 13
(a) for a new local government area--a local transition 14
committee established for the area under section 15
159YR; and 16
(b) for division 9--see section 159ZP. 17
major policy decision, for a merging local government, means 18
a decision-- 19
(a) about the appointment of a chief executive officer of the 20
local government; or 21
(b) about the remuneration of the chief executive officer of 22
the local government; or 23
(c) to terminate the employment of the chief executive 24
officer of the local government; or 25
(d) to enter into a contract, other than a contract between the 26
local government and the State or the Commonwealth, 27
the total value of which is more than the greater of the 28
following-- 29
(i) $150000; 30
(ii) 1% of the local government's net rate and utility 31
charges as stated in the local government's audited 32
financial statements included in the local 33
government's most recently adopted annual report. 34
s5 12 s5
Local Government Reform Implementation Bill 2007
merging local government means an existing local 1
government whose local government area is a merging local 2
government area. 3
merging local government area means an existing local 4
government area all or part of which, under this part, is 5
abolished to become part of a new local government area. 6
Note-- 7
Existing local government areas part of which, under this part, are 8
abolished to become part of a new local government area are the 9
existing local government areas of Beaudesert Shire Council, Ipswich 10
City Council, Taroom Shire Council, Tiaro Shire Council and Torres 11
Shire Council. 12
new local government means a local government whose area 13
is a new local government area. 14
new local government area see section 159YG. 15
reform implementation regulation see section 159YQ. 16
reform matter means anything that takes effect under division 17
2. 18
State Transition Committee see section 159ZZ. 19
transferring area means transferring area A, B, C, D, E, F, G, 20
H, I, J, K, L or M. 21
transferring area A means-- 22
(a) generally, the northern urban areas of the existing local 23
government area of the Beaudesert Shire Council; and 24
(b) more particularly, the area marked as transferring area A 25
on area map LGTA1. 26
transferring area B means-- 27
(a) generally, the southern rural areas, including the Town 28
of Beaudesert and the Tamborine area, of the existing 29
local government area of the Beaudesert Shire Council; 30
and 31
(b) more particularly, the area marked as transferring area B 32
on area map LGTA2. 33
s5 13 s5
Local Government Reform Implementation Bill 2007
transferring area C means-- 1
(a) generally, the Harrisville/Peak Crossing area of the 2
existing local government area of the Ipswich City 3
Council; and 4
(b) more particularly, the area marked as transferring area C 5
on area map LGTA3. 6
transferring area D means-- 7
(a) generally, all parts of the local government area of the 8
Gold Coast City Council north of the Albert River, 9
including the Beenleigh/Eagleby areas; and 10
(b) more particularly, the area marked as transferring area D 11
on area map LGTA4. 12
transferring area E means-- 13
(a) generally, division 1 (the Town of Taroom) of the 14
existing local government area of the Taroom Shire 15
Council; and 16
(b) more particularly, the area shown as division 1 on area 17
map LGB119, edition 1. 18
transferring area F means-- 19
(a) generally, division 2 (the Wandoan area) of the existing 20
local government area of the Taroom Shire Council; and 21
(b) more particularly, the area shown as division 2 on area 22
map LGB119, edition 1. 23
transferring area G means-- 24
(a) generally, divisions 1 and 2 (the northern area) of the 25
existing local government area of the Tiaro Shire 26
Council; and 27
(b) more particularly, the area shown as divisions 1 and 2 on 28
area map LGB121, edition 2. 29
transferring area H means-- 30
(a) generally, division 3 (the Theebine/Gunalda areas) of 31
the existing local government area of the Tiaro Shire 32
Council; and 33
s5 14 s5
Local Government Reform Implementation Bill 2007
(b) more particularly, the area shown as division 3 on area 1
map LGB121, edition 2. 2
transferring area I means-- 3
(a) generally, the areas of Sweers Island and Bountiful 4
Islands; and 5
(b) more particularly, the area marked as transferring area I 6
on area map LGTA5. 7
transferring area J means-- 8
(a) an area included in the existing local government area of 9
the Cook Shire Council; and 10
(b) more particularly, the area marked as transferring area J 11
on area map LGTA6. 12
transferring area K means-- 13
(a) an area included in the existing local government area of 14
the Cook Shire Council; and 15
(b) more particularly, the area marked as transferring area K 16
on area map LGTA7. 17
transferring area L means the council areas described in the 18
Community Services (Torres Strait) Regulation 1998, schedule 19
1A, other than the Bamaga council area and the Seisia council 20
area, to the extent the council areas are part of the existing 21
local government area of the Torres Shire Council. 22
transferring area M means the Bamaga council area and the 23
Seisia council area, as described in the Community Services 24
(Torres Strait) Regulation 1998, schedule 1A, to the extent the 25
council areas are part of the existing local government area of 26
the Torres Shire Council. 27
transferring area local transition committee, for a 28
transferring area, means a transferring area local transition 29
committee established for the area under section 159YY. 30
transition action plan see section 159Z. 31
transition matter means any matter relevant to the coming 32
into effect or the implementation of a reform matter. 33
transition period, for division 10, see section 159ZU. 34
type 1 election see section 159ZK. 35
s5 15 s5
Local Government Reform Implementation Bill 2007
type 2 election see section 159ZK. 1
type 3 election see section 159ZK. 2
`159YE Changeover day 3
`(1) The changeover day, for a new, adjusted or continuing local 4
government area, is the day that is the conclusion of the last 5
2008 quadrennial election held for any councillor for the new, 6
adjusted or continuing local government area under division 7
8. 8
`(2) However, the Minister may, by gazette notice, advise an 9
earlier or later day as the changeover day for a particular new, 10
adjusted or continuing local government area. 11
`(3) If the Minister advises a later or earlier day as the changeover 12
day for a particular new, adjusted or continuing local 13
government, a provision of this part that refers to the 14
changeover day for a new, adjusted or continuing local 15
government applies to the particular new, adjusted or 16
continuing local government on the basis that its changeover 17
day is the day advised. 18
`Division 2 Establishment of new local 19
government areas and adjustments 20
of local government areas 21
`Subdivision 1 Preliminary 22
`159YF Operation of sch 1A 23
`(1) Each area map mentioned in schedule 1A, in the definition of 24
a transferring area or in a division arrangements regulation-- 25
(a) is identified by a map number marked on the map; and 26
(b) may be inspected without fee at the office of the 27
department in Brisbane. 28
Editor's note-- 29
A copy of each area map is also available on the department's 30
website. 31
s5 16 s5
Local Government Reform Implementation Bill 2007
`(2) A map stated in schedule 1A is fully effective to identify the 1
external boundaries of a new, adjusted or continuing local 2
government even if the map bears a name that is different 3
from the name stated for the local government area in the 4
schedule. 5
`Subdivision 2 New local government areas 6
`159YG Establishment of new local government areas (sch 7
1A, pt 1) 8
`(1) A local government area (a new local government area) is 9
established for the part of the State specified in each area map 10
stated in schedule 1A, part 1, column 3. 11
`(2) Each existing local government area is abolished, to the extent 12
the area is the same as an area included in a part of the State 13
mentioned in subsection (1). 14
`(3) The establishment of a new local government area under 15
subsection (1), and the corresponding abolition under 16
subsection (2) of any existing local government area and of 17
any part of an existing local government area, takes effect on 18
the changeover day for the new local government area. 19
`159YH Operation of sch 1A, pt 1 20
`Each item of schedule 1A, part 1 lists and describes a new 21
local government on its changeover day as follows-- 22
(a) its local government area has the name stated in 23
schedule 1A, part 1, column 1; 24
(b) it is a local government of the class stated in schedule 25
1A, part 1, column 2; 26
(c) it has the local government area shown in the area map 27
stated in schedule 1A, part 1, column 3; 28
(d) if the entry in schedule 1A, part 1, column 4 states `area 29
not divided', its local government area is not divided 30
into divisions; 31
s5 17 s5
Local Government Reform Implementation Bill 2007
(e) if the entry in schedule 1A, part 1, column 4 states 1
division numbers-- 2
(i) its local government area is divided into divisions 3
that have the division boundaries shown in the area 4
map stated in schedule 1A, part 1, column 3; and 5
(ii) it has the number of councillors assigned to each 6
division as stated in the entry in schedule 1A, part 7
1, column 4; 8
(f) if the entry in schedule 1A, part 1, column 4 states 9
`divided'-- 10
(i) its local government area is divided into divisions 11
that have the division boundaries shown in an area 12
map stated in a regulation; and 13
(ii) it has 1 councillor (other than the mayor) assigned 14
to each division; 15
(g) it has the composition stated in schedule 1A, part 1, 16
column 5. 17
`Subdivision 3 Adjusted local government areas 18
`159YI Transfer of transferring areas 19
`(1) Transferring area A is excluded from the existing local 20
government area of the Beaudesert Shire Council and is 21
included in the existing local government area of the Logan 22
City Council. 23
`(2) Transferring area D is excluded from the existing local 24
government area of the Gold Coast City Council and is 25
included in the existing local government area of the Logan 26
City Council. 27
`(3) Transferring area E is excluded from the existing local 28
government area of the Taroom Shire Council and is included 29
in the existing local government area of the Banana Shire 30
Council. 31
`(4) Transferring area I is included in the existing local 32
government area of the Mornington Shire Council. 33
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`(5) Transferring area J is excluded from the existing local 1
government area of the Cook Shire Council and is included in 2
the existing local government area of Wujal Wujal Shire 3
Council. 4
`(6) Transferring area K is excluded from the existing local 5
government area of the Cook Shire Council and is included in 6
the existing local government area of Hope Vale Shire 7
Council. 8
`(7) The exclusion and inclusion of a transferring area under 9
subsections (1), (2), (3), (5) or (6), and the inclusion of a 10
transferring area under subsection (4), takes effect on the 11
changeover day for the adjusted local government area 12
resulting from the exclusion or inclusion. 13
`159YJ Operation of sch 1A, pt 2 14
`(1) Each item of schedule 1A, part 2 lists and describes a local 15
government whose local government area becomes an 16
adjusted local government area because of-- 17
(a) any inclusion or exclusion of a transferring area under 18
this subdivision; or 19
(b) the inclusion of a transferring area in the local 20
government area of a new local government under 21
subdivision 2. 22
`(2) Each item of schedule 1A, part 2 lists and describes an 23
adjusted local government on its changeover day as follows-- 24
(a) its local government area has the name stated in 25
schedule 1A, part 2, column 1; 26
(b) it is a local government of the class stated in schedule 27
1A, part 2, column 2; 28
(c) it has the local government area shown in the area map 29
stated in schedule 1A, part 2, column 3; 30
(d) if the entry in schedule 1A, part 2, column 4 states `area 31
not divided', its local government area is not divided 32
into divisions; 33
(e) if the entry in schedule 1A, part 2, column 4 states 34
`divided'-- 35
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Local Government Reform Implementation Bill 2007
(i) its local government area is divided into divisions 1
that have the division boundaries shown in an area 2
map stated in a regulation; and 3
(ii) it has 1 councillor (other than the mayor) assigned 4
to each division; 5
(f) it has the composition stated in schedule 1A, part 2, 6
column 5. 7
`Subdivision 4 Continuing local government areas 8
`159YK Changes applying to continuing local government 9
areas 10
`(1) Each local government area (a continuing local government 11
area) mentioned in schedule 1A, part 3 is a local government 12
area whose external boundaries are not changed under this 13
division. 14
`(2) Each continuing local government area whose existing 15
division and composition arrangements are different from 16
those stated for it in schedule 1A, part 3 is changed to the 17
arrangements for its division and composition as stated for it 18
in the part. 19
`(3) Each change under subsection (2) takes effect on the 20
changeover day for the continuing local government area. 21
`(4) For completeness, schedule 1A, part 3 includes details of all 22
continuing local government areas, even if their division and 23
composition arrangements are not changed under subsection 24
(2). 25
`159YL Operation of sch 1A, pt 3 26
`Each item of schedule 1A, part 3 lists and describes a 27
continuing local government on its changeover day as 28
follows-- 29
(a) its local government area has the name stated in 30
schedule 1A, part 3, column 1; 31
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(b) it is a local government of the class stated in schedule 1
1A, part 3, column 2; 2
(c) it has the local government area shown in the area map 3
stated in schedule 1A, part 3, column 3; 4
(d) if the entry in schedule 1A, part 3, column 4 states `area 5
not divided', its local government area is not divided 6
into divisions; 7
(e) if the entry in schedule 1A, part 3, column 4 states 8
`divided'-- 9
(i) its local government area is divided into divisions 10
that have the division boundaries shown in an area 11
map stated in a regulation; and 12
(ii) it has 1 councillor (other than the mayor) assigned 13
to each division; 14
(f) it has the composition stated in schedule 1A, part 3, 15
column 5. 16
`Subdivision 5 Regulations supporting divisions 2 17
to 4 18
`159YM Limit of division arrangements regulation 19
`(1) A division arrangements regulation must not affect, or purport 20
to change-- 21
(a) the name, class, or composition of a new, adjusted or 22
continuing local government as provided for in division 23
2, 3 or 4 and schedule 1A, part 1, 2 or 3; or 24
(b) the external boundaries of the local government area of 25
a new, adjusted or continuing local government as 26
provided for in division 2, 3 or 4 and schedule 1A, part 27
1, 2 or 3. 28
`(2) Subsection (1) does not prevent the regulation from stating a 29
new area map as the map identifying the external boundaries 30
of a local government area. 31
Example-- 32
a later edition of an area map that now includes division boundaries 33
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Local Government Reform Implementation Bill 2007
`(3) A division arrangements regulation must not be stated to 1
apply to a local government other than a new, adjusted or 2
continuing local government area whose entry in schedule 1A, 3
part 1, 2 or 3, column 4 states `divided'. 4
`(4) A division arrangements regulation may be included in a 5
reform implementation regulation and need not be specifically 6
identified as being a division arrangements regulation. 7
`(5) However, 1 or more division arrangements regulations, 8
providing for all matters required to be provided for under a 9
division arrangements regulation, must be made as soon 10
reasonably practicable after the Minister receives notice of 11
any commissioner's decision about division boundaries under 12
subdivision 6. 13
`(6) The division boundaries for a new, adjusted or continuing 14
local government area provided for in a division arrangements 15
regulation must be the boundaries decided by the 16
commissioner under subdivision 6. 17
`(7) Failure to comply with subsection (5) does not affect a 18
regulation's validity. 19
`159YN Regulation for declaring information about local 20
governments 21
`(1) A regulation may at any time, whether before or after the 22
changeover day for any new, adjusted or continuing local 23
government, declare and update relevant information about 24
existing, new, adjusted or continuing local governments. 25
Example-- 26
The regulation may identify an area map for a new local government 27
area that takes the place of 2 superseded area maps. 28
`(2) In this section-- 29
relevant information means information of the type included 30
in schedule 1A. 31
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`Subdivision 6 Division boundaries for new, 1
adjusted and continuing local 2
government areas 3
`159YO Commissioner to decide division boundaries 4
`(1) This section applies in relation to each new, proposed or 5
continuing local government area whose entry in schedule 1A, 6
part 1, 2 or 3, column 4 states `divided'. 7
`(2) The commissioner must decide the division boundaries to 8
apply for the local government area for the 2008 quadrennial 9
elections. 10
`(3) The commissioner must decide the boundaries under 11
subsection (2) as soon as possible, but in any event not later 12
than 15 September 2007. 13
`(4) The commissioner must advise the Minister of the 14
commissioner's decision for each new, adjusted or continuing 15
local government area as soon as possible after the decision is 16
made. 17
`(5) Before deciding the division boundaries, the commissioner 18
must-- 19
(a) publish a notice in a newspaper circulating generally in 20
the local government area inviting submissions from 21
interested persons about what the boundaries should be; 22
and 23
(b) advise in the notice that submissions must be received 24
within 7 days after the publication of the notice; and 25
(c) consider all submissions received within the time 26
required under paragraph (b). 27
`(6) For deciding the divisions of the local government area, the 28
commissioner must-- 29
(a) decide the total number of electors for the new, adjusted 30
or continuing local government area on the basis of the 31
enrolment information most recently available to the 32
commissioner; and 33
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Local Government Reform Implementation Bill 2007
(b) apply the principles stated in sections 285 and 286(2) 1
for calculating a quota and allowing for departure from 2
the quota. 3
`159YP Review of commissioner's decision 4
`(1) A decision of the commissioner under this division-- 5
(a) is final and conclusive; and 6
(b) can not be challenged, appealed against, reviewed, 7
quashed, set aside, or called into question in another 8
way, under the Judicial Review Act 1991 or otherwise 9
(whether by the Supreme Court, another court, a tribunal 10
or another entity); and 11
(c) is not subject to any writ or order of the Supreme Court, 12
another court, a tribunal or another entity on any ground. 13
`(2) Without limiting subsection (1), a person may not bring a 14
proceeding for an injunction or any other order to stop or 15
otherwise restrain the performance of a designated act, or for 16
a declaration about the validity of a designated act. 17
`(3) In this section-- 18
decision includes-- 19
(a) conduct engaged in to make a decision; and 20
(b) conduct related to making a decision; and 21
(c) failure to make a decision. 22
designated act means an act of the commissioner, including 23
the act of advising the Minister of a decision under this 24
division, the performance of which is authorised, or 25
purportedly authorised, under this division. 26
`Division 3 Implementation of reform matters 27
`159YQ Reform implementation regulations 28
`(1) A regulation (a reform implementation regulation) may be 29
made under this part to support the coming into effect of any 30
reform matter. 31
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Local Government Reform Implementation Bill 2007
`(2) Part 1, division 10 applies to a reform implementation 1
regulation as if it were a regulation implementing a 2
reviewable local government matter under part 1. 3
`(3) However, the following provisions do not apply under 4
subsection (2)-- 5
(a) section 157(2)(a), (b) and (j) and (3) to (6); 6
(b) section 158. 7
`(4) For applying section 157(2)(g) and schedule 2, definition 8
implementation issues, the reference in the definition to a 9
reviewable local government matter mentioned in section 10
64(1)(a), (c), (e) or (f) may be taken to be a reference to any 11
reform matter. 12
`(5) Without limiting section 157(2)(k) or schedule 2, definition 13
implementation issues, paragraph (e), as applied under 14
subsections (1) to (4), a reform implementation regulation 15
may include provision for any of the following-- 16
(a) how and to what extent, from its changeover day-- 17
(i) any new local government is the successor of any 18
existing local government; and 19
(ii) any adjusted local government is the successor of 20
any existing local government in relation to any 21
transferring area; 22
(b) how and to what extent functions of any existing local 23
governments are, from changeover day for a new or 24
adjusted local government area, to be exercised by the 25
new or adjusted local government or by any other entity; 26
(c) the continuing operation of delegations made by 27
existing local governments; 28
(d) the continuation of employment of employees of 29
existing local governments by new or adjusted local 30
governments; 31
(e) requirements for the preparation of financial statements 32
for existing local governments that under this part are 33
merging local governments or become adjusted local 34
governments and for the auditing of and reporting on the 35
financial statements by the auditor-general; 36
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Local Government Reform Implementation Bill 2007
(f) obligations of existing local governments that under this 1
part become adjusted local governments relating to the 2
transition of transferring areas; 3
(g) empowering and directing the Local Government Grants 4
Commission to make decisions about the allocation of 5
employees, assets, liabilities and property of any kind 6
between local governments whose areas have a 7
transferring area included in them or excluded from 8
them; 9
(h) payment by an existing local government or a successor 10
of an existing local government for a failure of the 11
existing local government to adequately supply services 12
and facilities in its local government area in the period 13
between the commencement of this section and the 14
changeover day for a new or adjusted local government; 15
(i) dealing with the custody of records under the control of 16
existing local governments; 17
(j) references in documents to existing local governments; 18
(k) recording in registers kept under any Act the vesting of 19
property affected by the regulation; 20
(l) dealing with legal proceedings by or against an existing 21
local government. 22
`(6) A reform implementation regulation under subsection (5)(g) 23
may direct whether, and if so to what extent, part 3, divisions 24
3 to 5 applies to the commission for the purposes of making 25
decisions under the regulation. 26
`Division 4 Local transition committees 27
`Subdivision 1 Local transition committees for new 28
local government areas 29
`159YR Establishment and composition of local transition 30
committees for new local governments 31
`(1) Each merging local government whose local government area 32
will, on the changeover day for a new local government area, 33
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Local Government Reform Implementation Bill 2007
partly or completely, be abolished to form part of the new 1
local government area must take all necessary action to 2
establish a local transition committee for the new local 3
government area as required by this division. 4
`(2) The local transition committee for the new local government 5
area must be made up of-- 6
(a) representatives of each merging local government, 7
consisting of 2 councillors of the local government, 8
nominated by the local government; and 9
(b) up to 3 union representatives, as agreed by the relevant 10
unions, with each representative being nominated by a 11
relevant union; and 12
(c) after the committee appoints the interim chief executive 13
officer for the new local government--the interim chief 14
executive officer. 15
`(3) However, a local transition committee must be made up in the 16
way stated in schedule 1B for each of the following new local 17
government areas-- 18
(a) Cassowary Coast Regional Council; 19
(b) Torres Strait Island Regional Council. 20
`(4) The local transition committee may from time to time include 21
on the committee, as voting members of the committee, other 22
persons the committee considers are suitable to represent the 23
views of the community within the new local government 24
area. 25
`(5) In this section-- 26
relevant union means-- 27
(a) the Australian Services Union; or 28
(b) the Australian Workers' Union Queensland; or 29
(c) the Queensland Council of Unions. 30
`159YS Guidelines for local transition committees 31
`(1) The chief executive may publish guidelines on the 32
department's website for the establishment and operation of 33
local transition committees. 34
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Local Government Reform Implementation Bill 2007
`(2) The guidelines may include the following-- 1
(a) particulars about how local transition committees are to 2
be established; 3
(b) explanations about local transition committees' 4
functions; 5
(c) the establishment and conduct of subcommittees of 6
local transition committees; 7
(d) how interim chief executive officers of local transition 8
committees are to be appointed; 9
(e) explanations about the functions of interim chief 10
executive officers; 11
(f) the content and preparation of transition action plans. 12
`(3) If a State Transition Committee has been established, the chief 13
executive must, before publishing the guidelines, consult on 14
the content of the guidelines with the committee. 15
`(4) It is the responsibility of each local transition committee, 16
including of each member of a local transition committee, to 17
ensure, to the greatest practicable extent, that the local 18
transition committee acts in conformity with the guidelines. 19
`159YT Responsibility to act in public interest 20
`(1) The members of a local transition committee must act in the 21
public interest of the new local government area for which it is 22
established. 23
`(2) If, for a member of a local transition committee, a conflict 24
arises between the public interest mentioned in subsection (1) 25
and the member's private interest, the member must act in a 26
way that gives preference to the public interest. 27
`(3) For a member of a local transition committee who is also a 28
councillor, section 229(2) and (3) applies subject to 29
subsection (2). 30
`159YU Functions of local transition committee 31
`(1) The functions of a local transition committee for a new local 32
government area are-- 33
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Local Government Reform Implementation Bill 2007
(a) to appoint an interim chief executive officer for the new 1
local government for the new local government area as 2
provided for in this division; and 3
(b) to oversee the implementation of an approved 4
framework for managing industrial relations and 5
workforce transition in the period leading up to the 2008 6
quadrennial elections; and 7
(c) to oversee the preparation of a transition action plan; 8
and 9
(d) to inform the local governments required to be 10
represented on the committee, and the community 11
generally, to promote a full understanding of the 12
processes for establishing the new local government; 13
and 14
(e) to approve an interim executive organisational structure 15
for the new local government for the new area; and 16
(f) to provide guidance and support to the local 17
governments required to be represented on the 18
committee for resolving issues in the period leading up 19
to the 2008 quadrennial elections; and 20
(g) to establish financial and administrative arrangements 21
for its own operation. 22
`159YV First meeting of local transition committee and 23
public notification 24
`(1) The first meeting of a local transition committee must be held 25
as soon as possible after the commencement of this section. 26
`(2) At the first meeting of a local transition committee, the 27
members must elect a member of the committee who is also a 28
councillor to be the chairperson of the committee. 29
`(3) A local transition committee must, not later than 30 days after 30
the commencement of this section, notify, in a newspaper 31
circulating generally in the area to become the local 32
government area of the new local government, information 33
about the local transition committee, including the following 34
information-- 35
s5 29 s5
Local Government Reform Implementation Bill 2007
(a) the name of each member of the local transition 1
committee; 2
(b) the name of the chairperson of the local transition 3
committee; 4
(c) contact information for the local transition committee. 5
`(4) A local transition committee must, within 7 days after a notice 6
notifying the required information under subsection (3) is 7
published, forward a copy of the notice to the chief executive. 8
`159YW Appointment of interim chief executive officer for 9
new local government 10
`(1) A local transition committee for a new local government area 11
must appoint an interim chief executive officer for the new 12
local government for the new area. 13
`(2) The appointment must be made as soon as possible after the 14
committee's first meeting, but in any event, within 30 days 15
after the first meeting. 16
`(3) If the interim chief executive officer appointed is an employee 17
of a local government required to be represented on the 18
committee, the local government must continue to employ the 19
person on the terms the committee reasonably requires, even 20
though the person is required to perform functions as interim 21
chief executive officer for the new local government. 22
`(4) The interim chief executive officer must not continue to hold 23
an appointment as the chief executive officer of an existing 24
local government. 25
`(5) If the interim chief executive officer appointed is not an 26
employee of a local government required to be represented on 27
the committee, the committee must nominate 1 or more of the 28
local governments to be the employer of the interim chief 29
executive officer. 30
`(6) However, for the new local government of Torres Strait Island 31
Regional Council, if the interim chief executive officer 32
appointed is not an employee of a local government required 33
to be represented on the committee, the Island Coordinating 34
Council under the Community Services (Torres Strait) Act 35
s5 30 s5
Local Government Reform Implementation Bill 2007
1984 must be the employer of the interim chief executive 1
officer. 2
`(7) The nominated local government must employ the person, on 3
the terms the committee reasonably requires, to perform 4
functions as interim chief executive officer for the new local 5
government. 6
`159YX Employment subcommittee 7
`(1) Each local transition committee must create, and appoint the 8
members of, an employment subcommittee. 9
`(2) An employment subcommittee must consist of-- 10
(a) the union representatives included in the local transition 11
committee; and 12
(b) other persons nominated by the local governments 13
required to be represented on the local transition 14
committee. 15
`(3) An employment subcommittee has the function of advising its 16
local transition committee about staffing matters arising 17
because of the implementation of the reform matters. 18
`Subdivision 2 Transferring area local transition 19
committees 20
`159YY Establishment and composition of transferring area 21
local transition committees 22
`(1) The local governments stated in this section must take all 23
necessary action to establish transferring area local transition 24
committees as provided for in this section. 25
`(2) The Logan City Council and the Beaudesert Shire Council 26
must establish a transferring area local transition committee 27
for transferring area A. 28
`(3) The Logan City Council and the Gold Coast City Council 29
must establish a transferring area local transition committee 30
for transferring area D. 31
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Local Government Reform Implementation Bill 2007
`(4) The Banana Shire Council and the Taroom Shire Council 1
must establish a transferring area local transition committee 2
for transferring area E. 3
`(5) A transferring area local transition committee must be made 4
up in the way stated in schedule 1C. 5
`159YZ Functions of transferring area local transition 6
committee 7
`(1) Subdivision 1 applies to a transferring area local transition 8
committee to the greatest practicable extent as if it were a 9
local transition committee established under subdivision 1. 10
`(2) Without limiting subsection (1), subdivision 1 applies as if the 11
transition to a new local government area were the transition 12
of a transferring area from 1 local government area to another. 13
`(3) However, a transferring area local transition committee must 14
not appoint an interim chief executive officer. 15
`Division 5 Transition action plans 16
`159Z Transition action plans for new local government area 17
`(1) The interim chief executive officer for each new local 18
government must prepare a plan (a transition action plan) 19
that provides details of how the transition to the new local 20
government area is to be successfully achieved, including by 21
ensuring that the momentum for the change is maintained and 22
that the new local government is able to act effectively from 23
the changeover day for the new local government area. 24
`(2) The interim chief executive officer must prepare the transition 25
action plan in the period between appointment as the interim 26
chief executive officer and the changeover day. 27
`(3) In preparing the plan, the interim chief executive officer must 28
consult with the chief executive officers of the merging local 29
governments for the new local government area. 30
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Local Government Reform Implementation Bill 2007
`159ZA Guidelines for transition action plans 1
`(1) The chief executive may publish on the department's website 2
guidelines for transition action plans. 3
`(2) The interim chief executive officer for a new local government 4
must ensure that the transition action plan prepared by the 5
officer is, and is prepared, to the greatest practicable extent in 6
conformity with the guidelines. 7
`Division 6 Interim chief executive officers 8
`159ZB Functions of interim chief executive officer before 9
changeover day 10
`(1) In the period from the appointment of the interim chief 11
executive officer for a new local government until 12
immediately before the changeover day for the new local 13
government area for the new local government, the interim 14
chief executive officer must oversee all aspects of establishing 15
the new local government. 16
`(2) Without limiting subsection (1), the interim chief executive 17
officer must-- 18
(a) develop a draft organisational structure for the new local 19
government; and 20
(b) develop and implement a strategy for ensuring staff of 21
the merging local governments are informed about and 22
are able to contribute to the resolution of issues arising 23
in relation to the transition to the new local government; 24
and 25
(c) review and assess existing systems and identify areas of 26
concern for the transition to the new local government; 27
and 28
(d) work collaboratively with the local transition committee 29
of which the interim chief executive officer is a member 30
to ensure there is adequate preparation for the 2008 31
quadrennial elections for the new local government 32
area; and 33
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Local Government Reform Implementation Bill 2007
(e) prepare a proposed interim staffing strategy and budget 1
for the new local government; and 2
(f) for facilitating the transition to the new local 3
government, establish effective communication and 4
consultation processes, including for example with the 5
following-- 6
(i) councillors of merging local governments; 7
(ii) employees, and organisations representing 8
employees, of merging local governments; 9
(iii) community leaders; 10
(iv) the community generally. 11
`(3) The interim chief executive officer has no role or function in 12
relation to the day to day operations of any existing local 13
government, including any existing local government of 14
which the interim chief executive officer was previously the 15
chief executive officer. 16
`159ZC Responsibility of chief executive officer to help interim 17
chief executive officer 18
`(1) The chief executive officer of an existing local government 19
must, as required in this section, take all necessary action to 20
give help to the interim chief executive officer of a new local 21
government in relation to which the existing local government 22
is a merging local government. 23
`(2) The chief executive officer must give the interim chief 24
executive officer all the help the interim chief executive 25
officer reasonably needs to perform the officer's functions, 26
including any help the interim chief executive officer 27
reasonably requires to be given. 28
`(3) Without limiting subsection (2), the chief executive officer 29
must act in a timely way to give the interim chief executive 30
officer all financial statements and other financial information 31
relating to the merging local government. 32
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Local Government Reform Implementation Bill 2007
`159ZD Functions of interim chief executive officer from 1
changeover day 2
`(1) On the changeover day for a new local government area, the 3
person who, immediately before the changeover day was the 4
interim chief executive officer for the new local government-- 5
(a) becomes the acting chief executive officer of the new 6
local government; and 7
(b) in addition to the officer's functions as the acting chief 8
executive officer of the new local government, retains all 9
the functions the officer had as the interim chief 10
executive officer; and 11
(c) becomes an employee of the new local government on 12
the same terms and conditions as the officer was 13
employed as the interim chief executive officer. 14
`(2) Unless the officer's employment as acting chief executive 15
officer is otherwise ended, the officer holds the appointment 16
as acting chief executive officer until the new local 17
government appoints a chief executive officer. 18
`(3) The new local government must take all reasonable steps to 19
ensure it appoints a chief executive officer within 6 months 20
after the changeover day. 21
`Division 7 Employment matters 22
`159ZE Definition for div 7 23
`(1) In this division-- 24
employee, of a local government, does not include a person 25
who, in the context of local government employment, is a 26
casual or temporary employee, other than a long term casual 27
or temporary employee, of the local government. 28
`(2) In this section-- 29
long term casual or temporary employee, of a local 30
government, means a casual or temporary employee of the 31
local government who has been employed by the local 32
government, or by the local government and its predecessor 33
local government, on a regular and systematic basis, for 34
s5 35 s5
Local Government Reform Implementation Bill 2007
several periods of employment, for at least 1 year immediately 1
before the issue arises as to whether the employee is a long 2
term casual or temporary employee. 3
predecessor, of a local government, means an existing local 4
government that, under a reform implementation regulation, is 5
the predecessor of the local government. 6
`159ZF Application of div 7 7
`(1) This division applies to any local government as in existence 8
at any time between the commencement of this section and 16 9
March 2011. 10
`(2) However, this division does not apply to-- 11
(a) an existing local government that under this part 12
becomes a continuing local government; or 13
(b) a continuing local government. 14
`(3) This division applies to a person as an employee of a local 15
government, other than the chief executive officer of a local 16
government. 17
`159ZG Prohibition on retrenchment because of reform 18
matter implementation 19
`(1) A local government must not take any action to end an 20
employee's employment with the local government if the 21
action is taken, whether completely or partly and whether 22
directly or indirectly, because of the taking effect under this 23
Act of a reform matter. 24
`(2) For deciding whether a local government has contravened 25
subsection (1), the reason given by a local government for 26
taking action to end a person's employment must be 27
considered but is not conclusive. 28
`(3) Subsection (1) applies only to an action taken before 16 29
March 2011. 30
`(4) In this section-- 31
reform matter includes a matter included in a reform 32
implementation regulation. 33
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`159ZH Local government workforce transition code of 1
practice 2
`(1) The Minister may approve codes of practice (workforce 3
transition codes of practice) directed at ensuring the proper 4
transition of local government workforces from any existing 5
local government to any new or adjusted local government as 6
in existence after the changeover day for the new or adjusted 7
local government area. 8
`(2) Without limiting subsection (1), a workforce transition code 9
of practice may establish employment terms and conditions 10
for employees, that are consistent with-- 11
(a) firstly, the essential principles stated in subsection (3); 12
and 13
(b) secondly, the supporting principles stated in subsection 14
(4). 15
`(3) The essential principles are that-- 16
(a) service delivery levels should be maintained or 17
enhanced; and 18
(b) as far as possible, the locations at which local 19
government employees perform their work should not 20
be changed. 21
`(4) The supporting principles are that-- 22
(a) employment security for local government employees 23
should be maximised; 24
(b) local government staff should be retained to the 25
maximum extent achievable; 26
(c) the impact of reform matters on local government 27
employees should be minimised; 28
(d) there should be maximum employee involvement in the 29
implementation of the reform matters as they affect 30
employees; 31
(e) contracts of employment should be honoured; 32
(f) there should be maximum support given to employees; 33
(g) employees should be treated fairly and with respect; 34
(h) merit and equity should apply in all appointments; 35
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(i) there should be prompt and sensitive dispute resolution; 1
(j) there should be no overall loss of employment across the 2
local government employment sector; 3
(k) there should be no overall reduction in working 4
conditions for any employee; 5
(l) there should be no overall disadvantage to an employee 6
in relation to the employee's working conditions. 7
`(5) It is the responsibility of each local government to ensure, to 8
the extent a workforce transition code of practice applies to 9
the local government, that the local government acts in 10
conformity with the code of practice. 11
`159ZI When workforce transition code of practice takes 12
effect 13
`(1) The Minister must notify the making of a workforce transition 14
code of practice. 15
`(2) A workforce transition code of practice takes effect-- 16
(a) on the day the Minister's notice is notified or published 17
in the gazette; or 18
(b) if a later day is stated in the Minister's notice or the 19
workforce transition code of practice--on that day. 20
`(3) A notice mentioned in subsection (2) is subordinate 21
legislation. 22
`Division 8 2008 quadrennial elections for all 23
local government areas 24
`159ZJ Quadrennial elections in 2008 to be held on 15 25
March instead of 29 March 26
`(1) For 2008, and despite section 269(2), the date for the holding 27
of each quadrennial election is 15 March 2008. 28
`(2) A different date may be fixed by regulation under section 29
269(3) for all quadrennial elections, or for 1 or more 30
particular quadrennial elections, to be held in 2008. 31
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`159ZK Holding of 2008 quadrennial elections 1
`(1) The 2008 quadrennial elections for the mayors and 2
councillors of all new, adjusted and continuing local 3
governments must be held under chapter 5 -- 4
(a) as if all reform matters took effect on the 5
commencement of this section; and 6
(b) subject to any requirements of this part applying to the 7
elections; and 8
(c) subject to any necessary changes, including any changes 9
stated in this part, about the way chapter 5 applies to the 10
elections. 11
`(2) Each 2008 quadrennial election for a new local government is 12
a type 1 election. 13
`(3) Each 2008 quadrennial election for an adjusted local 14
government is a type 2 election. 15
`(4) Each 2008 quadrennial election for a continuing local 16
government is a type 3 election. 17
`159ZL Conduct of 2008 quadrennial elections by electoral 18
commission 19
`(1) The 2008 quadrennial elections of the mayor and other 20
councillors for all new, adjusted and continuing local 21
governments must be conducted by the electoral commission. 22
`(2) For the elections, the commissioner is to be known as the 23
chief returning officer. 24
`(3) The chief returning officer has overall responsibility for the 25
proper conduct of the 2008 quadrennial elections. 26
`(4) A returning officer's responsibility for the proper conduct of 27
of an election is subject to subsection (3) and the further 28
provisions of this section. 29
`(5) The chief returning officer may appoint and employ the 30
returning officer and assistant returning officers for each 31
election. 32
`(6) However, the chief returning officer may-- 33
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(a) perform or exercise any of the functions of a returning 1
officer appointed and employed under subsection (4) 2
instead of the returning officer; and 3
(b) give any reasonable directions to a returning officer or 4
assistant returning officer about the performance of the 5
officer's functions. 6
`(7) Without limiting subsection (6), the chief returning officer 7
may-- 8
(a) decide the places at which nominations are to be 9
received; and 10
(b) take any necessary action, including requiring the help 11
of a local government, to ensure the proper conduct of 12
the 2008 quadrennial elections. 13
`(8) The chief executive officer of a local government must give all 14
the help the chief returning officer reasonably requires, 15
including providing access to and use of facilities of the local 16
government. 17
`(9) The chief returning officer may approve forms for use under 18
this Act for the purposes of the conduct of the 2008 19
quadrennial elections. 20
`159ZM Changed application of s 220 for Northern 21
Peninsula Area and Torres Strait Island regional 22
councils 23
`For applying section 220(1)(a) to the local government areas 24
of the Northern Peninsula Area Regional Council and the 25
Torres Strait Island Regional Council, a person is qualified to 26
become a councillor of the new local government only if the 27
person lives in the particular division for which the person is 28
to be a candidate. 29
`159ZN Other changes to ch 5 for type 1, 2 and 3 elections 30
`(1) For applying section 271 for a type 1, type 2 or type 3 31
election, a new, adjusted or continuing local government, or 32
an existing local government, must, to the extent and at the 33
times the Minister directs, reimburse the State for all costs 34
s5 40 s5
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reasonably incurred, including by the electoral commission, in 1
conducting the election. 2
`(2) Sections 272 and 273 do not apply. 3
`(3) For a type 1 election, the chief returning officer must choose 4
and publicly notify an office (the election office) for the new 5
local government for the election. 6
`(4) The election office for the new local government need not be 7
the public office of an existing local government. 8
`(5) An election office notified under subsection (3) becomes the 9
public office of the new local government for the purposes of 10
the application of chapter 5 to the election. 11
`(6) For applying section 304(2) for a type 1, type 2 or type 3 12
election, a deposit must be held in the trust fund of the 13
electoral commission. 14
`(7) A deposit to be dealt with under section 314(3) must be paid 15
in to the operating fund of the relevant new, adjusted or 16
continuing local government. 17
`(8) No action is required to be taken under chapter 5, part 5 for 18
any type 1, type 2 or type 3 election. 19
Note-- 20
Division 2 provides for the division of new, adjusted and continuing 21
local government areas into divisions. 22
`159ZO Changed references to particular matters 23
For applying section 441B, the reference to the chief 24
executive officer of a local government is, for a type 1 25
election, taken to be a reference to-- 26
(a) until a returning officer is appointed for the 27
election--the interim chief executive officer of the new 28
local government; and 29
(b) after a returning officer is appointed--the returning 30
officer for the election. 31
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`Division 9 State intervention powers 1
`159ZP Definition for div 9 2
`In this division-- 3
local transition committee includes a transferring area local 4
transition committee. 5
`159ZQ Giving of directions under div 9 6
`(1) This division provides for the giving of directions by the 7
Minister and by the chief executive. 8
`(2) A direction may be given under this division only if the entity 9
exercising the power is satisfied on reasonable grounds of 10
either or both of the following-- 11
(a) the giving of the direction is in the best interests of 12
achieving the proper and efficient implementation of a 13
reform matter; 14
Example-- 15
The Minister or chief executive is satisfied on reasonable 16
grounds that a local transition committee is not able to perform 17
its functions. 18
(b) if the direction is not given, there is a real possibility 19
that the proper and efficient implementation of a reform 20
matter will not happen. 21
`(3) A direction may be given under this division before or after 22
the changeover day for a new or adjusted local government 23
area. 24
`(4) This division applies to a continuing local government after 25
the changeover day for the local government. 26
`159ZR Directions by chief executive 27
`The chief executive may do any of the following-- 28
(a) direct a local government, a local transition committee, 29
an interim chief executive officer, an acting chief 30
executive officer or a chief executive officer, to give the 31
chief executive information about a transition matter; 32
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(b) direct that a meeting of a local transition committee or 1
another group of persons be convened; 2
(c) direct an employee of a local government to take 3
particular action about a transition matter, including, for 4
example-- 5
(i) to perform an action that a provision of this part or 6
a reform implementation regulation requires the 7
local government or anyone else to perform; or 8
(ii) to take an action that is consistent with the 9
fulfilling of a responsibility imposed on the local 10
government under this part or a reform 11
implementation regulation. 12
`159ZS Powers of Minister 13
`The Minister may do any of the following-- 14
(a) despite any requirement in this part for the composition 15
of a local transition committee, direct a change in the 16
composition of a local transition committee; 17
(b) without limiting paragraph (a)-- 18
(i) direct that a single individual is to act in the place 19
of a local transition committee either generally or 20
for a particular purpose, including for example, to 21
complete a transition action plan; or 22
(ii) direct that a new group of persons is to form a local 23
transition committee in the place of an existing 24
group; 25
(c) subject to any reform implementation regulation and to 26
any decision of the Local Government Grants 27
Commission under this part, give directions about the 28
allocation of employees, assets, liabilities and property 29
of any kind between local governments whose local 30
government areas have a transferring area included in 31
them or excluded from them; 32
(d) direct that particular functions do not apply to, and may 33
not be performed by, a stated local transition committee. 34
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`159ZT Compliance with direction 1
`(1) A person or local government given a direction by the 2
Minister or chief executive under this division must comply 3
with the direction. 4
`(2) If a person or local government contravenes subsection (1), 5
the chief executive may direct an officer or employee of the 6
department, or another person, to take all necessary action to 7
ensure that the direction is effectively complied with. 8
`(3) An officer or employee given a direction under subsection (2) 9
has all the powers of the person or local government that 10
contravenes subsection (1) necessary for ensuring the 11
direction is effectively complied with. 12
`Division 10 Special arrangements for transition 13
period 14
`159ZU Definition for div 10 15
`In this division-- 16
transition period, for a merging local government, means the 17
period-- 18
(a) starting on the commencement of this section; and 19
(b) ending on the day immediately before the start of the 20
caretaker period for the election for the new local 21
government in relation to which the local government is 22
a merging local government. 23
`159ZV Application of div 10 24
`This division applies to a merging local government only if it 25
does not become an adjusted local government under this part. 26
Note-- 27
Accordingly, this division does not apply to Ipswich City Council or 28
Torres Shire Council. 29
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`159ZW Prohibition on major policy decision in transition 1
period 2
`(1) A merging local government must not make a major policy 3
decision in the transition period for the local government 4
`(2) However, if the local government considers that, having 5
regard to exceptional circumstances that apply, it is necessary 6
to make the major policy decision, the local government must 7
notify the Minister of the making of the decision and the 8
nature of the exceptional circumstances. 9
`(3) The Minister may, within 7 days after receiving notice of the 10
making of the major policy decision, revoke the decision if the 11
Minister is not satisfied that, having regard to exceptional 12
circumstances that apply, it is necessary for the local 13
government to make the decision. 14
`(4) This section applies despite chapter 6, part 3. 15
`(5) To remove any doubt, it is declared that a major policy 16
decision for a merging local government does not include a 17
decision about the appointment of a person to act as the chief 18
executive officer of the local government until the changeover 19
day for the new local government area that includes all or part 20
of the local government area of the merging local government. 21
`159ZX Invalidity of major policy decision in transition 22
period if decision revoked 23
`(1) A major policy decision made by a merging local government 24
in the transition period for the local government is invalid if 25
the Minister revokes the local government's decision under 26
this division. 27
`(2) A contract is void if it is the subject of a major policy decision 28
that is invalid. 29
`(3) A person who acts in good faith in relation to a major policy 30
decision of a local government, or in relation to a contract that 31
is the subject of a major policy decision, but who suffers loss 32
or damage because of any invalidity of the decision under 33
subsection (1) or because the contract is void under subsection 34
(2), has a right to be compensated by the local government for 35
the loss or damage. 36
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Local Government Reform Implementation Bill 2007
`(4) The person may bring a proceeding to recover the 1
compensation in a court of competent jurisdiction. 2
`Division 11 Miscellaneous 3
`159ZY Polls 4
`(1) An existing local government must not conduct a poll under 5
chapter 6, part 2 in its area, or a part of its area, if the question 6
the subject of the poll relates to anything that is, or is in the 7
nature of, a reform matter, or the implementation of a reform 8
matter. 9
Example-- 10
An existing local government must not conduct a poll under chapter 6, 11
part 2 about whether its local government area should be abolished and 12
be included in a new local government area. 13
`(2) If, before the commencement of this section, a local 14
government had resolved to conduct a poll the conduct of 15
which is prohibited under subsection (1), the local 16
government-- 17
(a) must, despite chapter 6, part 2, take all necessary action 18
to ensure that the poll is not conducted; and 19
(b) must give public notice that the poll is not to proceed-- 20
(i) by advertisement in a newspaper circulating 21
generally in its local government area or part of its 22
local government area; and 23
(ii) in any other way that is reasonably appropriate for 24
making the information publicly known. 25
`(3) A person who is a councillor of a local government must not 26
take any action for the purpose of the conduct of a poll that the 27
local government is prohibited from conducting under this 28
section. 29
Maximum penalty--15 penalty units. 30
`(4) All persons who contravene subsection (3) in relation to a 31
particular poll, whether or not they are prosecuted under 32
subsection (3), are jointly and severally liable for the total poll 33
amount, which may be recovered by the State, in action as for 34
s6 46 s6
Local Government Reform Implementation Bill 2007
a debt for the amount, and reimbursed to the existing local 1
government, or the successor of the existing local 2
government, less the costs of recovering the amount. 3
`(5) In this section-- 4
successsor, of an existing local government, means a local 5
government that, under a reform implementation regulation, is 6
the successor of the existing local government. 7
total poll amount means the amount reasonably decided by 8
the Minister as being the total amount of the expenses 9
incurred by the local government in the conduct of the poll 10
after the commencement of this section. 11
`159ZZ State Transition Committee 12
`(1) The chief executive may appoint an advisory committee (the 13
State Transition Committee) to provide oversight in relation 14
to the implementation of transition matters. 15
`(2) The committee may include officers of the department, 16
councillors of local governments and other persons the chief 17
executive decides. 18
`(3) The chief executive may decide all matters about the 19
establishment and operation of the committee. 20
`159ZZA Expiry of pt 1B 21
`This part expires at the end of 31 December 2011 or at an 22
earlier time fixed under a regulation.'. 23
Clause 6 Insertion of new ss 236A and 236B 24
Chapter 4, part 3, division 1-- 25
insert-- 26
`236A Remuneration for councillors of local governments 27
`(1) A local government may, by resolution, authorise the payment 28
of remuneration to a person who is a councillor of the local 29
government. 30
`(2) The resolution must state-- 31
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(a) the purpose for which the remuneration is to be paid; 1
and 2
(b) the person entitled to the remuneration; and 3
(c) the amount of remuneration to be paid. 4
`(3) The local government may authorise the payment of 5
remuneration to a councillor of the local government only if 6
the remuneration is the remuneration stated in the 7
remuneration schedule for the category of local government to 8
which the local government belongs. 9
`(4) However, if the remuneration tribunal acting under section 10
250AL approves a different amount of remuneration for a 11
councillor of the local government, the local government may 12
authorise the payment of remuneration to the councillor only 13
in accordance with the approval. 14
`(5) If a councillor has entered into an arrangement with the local 15
government under section 238A, the amount of remuneration 16
that would otherwise be payable to the councillor under a 17
resolution under this section is reduced by the percentage or 18
amount the councillor has elected to forgo. 19
`(6) A local government must not act under this section in relation 20
to a payment to which section 236B applies. 21
`236B Reimbursement of expenses and provision of 22
facilities for councillors of local governments 23
`(1) A local government may, by resolution made within 6 months 24
after a quadrennial election is held, authorise-- 25
(a) payment to its councillors of the reasonable expenses 26
incurred, or to be incurred, by the councillors for 27
discharging their duties and responsibilities as 28
councillors; or 29
(b) the provision of facilities to the councillors for that 30
purpose. 31
`(2) The local government may authorise payment or provision of 32
facilities under subsection (1) only if the payment or provision 33
complies with the local government's expenses 34
reimbursement policy. 35
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Local Government Reform Implementation Bill 2007
`(3) However, if a councillor of the local government is entitled to 1
receive a benefit or entitlement from the local government 2
because of the councillor's position as a councillor, the 3
councillor may elect to take a lesser amount than the amount 4
provided for under the expenses reimbursement policy.'. 5
Clause 7 Amendment of s 237 (Remuneration for service on local 6
government and advisory committees) 7
(1) Section 237, heading-- 8
omit, insert-- 9
`237 Remuneration for person serving on advisory 10
committee'. 11
(2) Section 237(1), from `who is'-- 12
omit, insert-- 13
`who is a member of an advisory committee of the local 14
government who is not a councillor.'. 15
(3) Section 237(3), from `according to'-- 16
omit, insert-- 17
`according to the purpose for which the remuneration is paid 18
or provided.'. 19
(4) Section 237(6)-- 20
omit. 21
Clause 8 Amendment of s 238A (Councillors may make salary 22
sacrifice arrangements) 23
Section 238A(3), definition remuneration entitlement, 24
`section 237'-- 25
omit, insert-- 26
`section 236A'. 27
Clause 9 Insertion of new ch 4, pt 3, divs 3 and 4 28
After section 250-- 29
insert-- 30
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Local Government Reform Implementation Bill 2007
`Division 3 Local Government Remuneration 1
Tribunal 2
`Subdivision 1 Establishment, functions and 3
membership 4
`250AA Establishment of Local Government Remuneration 5
Tribunal 6
`The Local Government Remuneration Tribunal is 7
established. 8
`250AB Functions 9
`The remuneration tribunal has the following functions-- 10
(a) to establish categories of local governments; 11
(b) to categorise local governments according to the 12
established categories; 13
(c) to decide remuneration to be paid to councillors, 14
including mayors and deputy mayors; 15
(d) the other functions that the Minister directs the 16
remuneration tribunal to perform. 17
`250AC Members of remuneration tribunal 18
`(1) The remuneration tribunal consists of 3 persons, made up of a 19
chairperson and 2 other members. 20
`(2) Each member of the remuneration tribunal is to be appointed 21
by the Governor in Council for a term of not more than 3 22
years. 23
`(3) A person is qualified for appointment as a member only if the 24
person-- 25
(a) has extensive knowledge of and experience in 1 or more 26
of the following-- 27
(i) local government; 28
(ii) public administration; 29
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Local Government Reform Implementation Bill 2007
(iii) law; 1
(iv) public finance; 2
(v) industrial relations; 3
(vi) community affairs; or 4
(b) has other knowledge and experience the Governor in 5
Council considers appropriate. 6
`(4) A person stops being a member if the person-- 7
(a) resigns by signed notice of resignation given to the 8
Minister; or 9
(b) completes a term of office but is not reappointed; or 10
(c) is removed as a member by the Governor in Council for 11
misbehaviour or physical or mental incapacity; or 12
(d) can not continue as a member under section 250AD. 13
`250AD Disqualification from membership 14
`A person can not become, or continue as, a member of the 15
remuneration tribunal if the person-- 16
(a) is, or becomes-- 17
(i) a councillor or an employee of a local government; 18
or 19
(ii) a director of a significant business entity; or 20
(iii) a contractor of a local government; or 21
(iv) a consultant engaged by a local government; or 22
(b) is, or becomes, an insolvent under administration within 23
the meaning of the Corporations Act, section 9; or 24
(c) is, or has been, convicted of an indictable offence and 25
the conviction is not a spent conviction. 26
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Local Government Reform Implementation Bill 2007
`250AE Remuneration and appointment conditions of 1
members 2
`(1) A member of the remuneration tribunal is entitled to be paid 3
the remuneration and allowances decided by the Governor in 4
Council. 5
`(2) A person appointed as a member is eligible for reappointment. 6
`(3) A member of the remuneration tribunal holds office on the 7
terms and conditions, not provided for by this Act, that are 8
decided by the Governor in Council. 9
`(4) If a commissioner under the Industrial Relations Act 1999 is 10
appointed as a member, the person's appointment does not 11
entitle the person to any remuneration or allowance in 12
addition to the person's salary or allowance as the holder of 13
the person's office as a commissioner. 14
`(5) However, the person is entitled to be paid expenses reasonably 15
incurred by the person in performing the functions of a 16
member. 17
`Subdivision 2 Staffing arrangements and 18
meetings 19
`250AF Work performance arrangements 20
`(1) The remuneration tribunal may, for performing its functions 21
effectively and efficiently, enter into a work performance 22
arrangement with the chief executive. 23
`(2) A work performance arrangement may make provision for all 24
matters necessary and convenient to be provided under the 25
arrangement, including providing for-- 26
(a) the appointment of a public service employee to an 27
office, and the holding of the office by the person, for 28
the arrangement; and 29
(b) the authorising of a public service employee to exercise 30
powers for the arrangement. 31
`(3) If a public service employee performs work for the 32
remuneration tribunal under a work performance 33
arrangement, the person-- 34
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Local Government Reform Implementation Bill 2007
(a) is not employed by the remuneration tribunal; and 1
(b) remains an employee of the department. 2
`(4) To remove any doubt, it is declared that the remuneration 3
tribunal is not authorised to employ a public service employee 4
performing work for the remuneration tribunal under a work 5
performance arrangement. 6
`(5) In this section-- 7
work performance arrangement means an arrangement under 8
which a public service employee of the department performs 9
work for the remuneration tribunal. 10
`250AG Conduct of meetings 11
`(1) Subject to subsections (2) and (3), meetings of the 12
remuneration tribunal are to be held at the times and places it 13
decides. 14
`(2) A member of the remuneration tribunal may call a meeting at 15
any time by giving the other members of the remuneration 16
tribunal at least 7 days written notice of the meeting. 17
`(3) If the Minister asks the remuneration tribunal to discuss a 18
local government matter, a meeting of the remuneration 19
tribunal to discuss the matter must be held within 14 days 20
after the Minister's request. 21
`Subdivision 3 Categorising local governments 22
`250AH Establishing categories of local governments 23
`(1) The remuneration tribunal must establish categories of local 24
governments for this division. 25
`(2) The purpose of establishing categories of local governments is 26
to enable the remuneration tribunal to decide the remuneration 27
that may be paid to mayors and other councillors of local 28
governments in each category of local government. 29
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`250AI Criteria for establishing categories 1
`For establishing categories of local governments, the 2
remuneration tribunal must having regard to the following 3
criteria-- 4
(a) the size, and geographical and environmental terrain, of 5
local government areas; 6
(b) the populations of local government areas, including the 7
areas' demographics, the spread of populations serviced 8
by the local governments and the extent of the services 9
the local governments provide; 10
(c) the size of local governments and the workload 11
associated with particular sizes, including whether 12
councillors of the local governments hold office on a 13
full-time or part-time basis; 14
(d) the diversity, including cultural diversity, of local 15
governments' communities; 16
(e) the extent of development of local government areas, 17
including economic and community development, 18
infrastructure and industry; 19
(f) other matters the remuneration tribunal considers 20
relevant to the effectiveness, efficiency and 21
sustainability of local governments; 22
(g) other matters prescribed under a regulation. 23
`250AJ Deciding and reviewing categories of local 24
governments to which local governments belong 25
`(1) The remuneration tribunal must, for each local government, 26
decide the category of local government to which the local 27
government belongs. 28
`(2) When making a decision about a local government under 29
subsection (1), the remuneration tribunal must have regard to 30
the criteria it used for establishing categories of local 31
governments. 32
`(3) The remuneration tribunal must, at least every 4 years, review 33
the categories of local governments established under section 34
250AH. 35
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Local Government Reform Implementation Bill 2007
`(4) After reviewing the categories, the remuneration tribunal 1
must-- 2
(a) decide whether to amend the established categories; and 3
(b) if any category of local government is amended, again 4
decide the categories of any local governments affected 5
by the amendment. 6
`Subdivision 4 Remuneration schedule 7
`250AK Deciding remuneration 8
`(1) The remuneration tribunal must, on or before 1 December in 9
each year and for each category of local government, decide 10
the remuneration that may be paid in the following year to-- 11
(a) a councillor, other than a mayor, of a local government 12
in the category; and 13
(b) to a mayor of a local government in the category. 14
`(2) However, the remuneration decided under subsection (1) must 15
not include any amount for expenses to be paid or facilities to 16
be provided to a councillor of a local government under its 17
expenses reimbursement policy. 18
`(3) The remuneration tribunal must prepare a schedule (the 19
remuneration schedule) that lists the amounts decided under 20
subsection (1) for each category of local government for the 21
year to which it applies. 22
`(4) In making a decision under subsection (1), the remuneration 23
tribunal must have regard to-- 24
(a) the provisions of this Act about entitlements and 25
responsibilities of councillors of local governments; and 26
(b) community expectations about what is appropriate 27
remuneration in the circumstances. 28
`250AL Discretion to vary remuneration in exceptional 29
circumstances 30
`(1) This section applies if a local government considers that, 31
having regard to exceptional circumstances that apply, a 32
s9 55 s9
Local Government Reform Implementation Bill 2007
councillor of its local government is entitled to a different 1
amount of remuneration from the remuneration stated in the 2
remuneration schedule for the category of local government to 3
which the local government belongs. 4
`(2) The local government may make a submission to the 5
remuneration tribunal for approval to vary the remuneration 6
that the councillor may be paid. 7
`(3) The remuneration tribunal may, but is not required to, 8
consider the submission. 9
`(4) If the remuneration tribunal considers the submission and is 10
satisfied that, having regard to the exceptional circumstances 11
that apply, the councillor is entitled to a different amount of 12
remuneration from that stated in the remuneration schedule, 13
the remuneration tribunal may approve payment of the 14
different remuneration. 15
`Subdivision 5 Inquiries conducted by 16
remuneration tribunal 17
`250AM Remuneration tribunal may make inquiries 18
`For performing its functions under this Act, the remuneration 19
tribunal may make the inquiries it considers necessary. 20
`250AN Conduct of inquiries 21
`(1) When making inquiries, the remuneration tribunal-- 22
(a) is not bound by technicalities, legal forms or rules of 23
evidence; and 24
(b) may inform itself in any way the remuneration tribunal 25
considers appropriate; and 26
(c) may decide the procedures to be followed; and 27
(d) may conduct any proceedings in the way the 28
remuneration tribunal considers appropriate. 29
`(2) For subsection (1)(b), the remuneration tribunal may consult 30
with persons as the remuneration tribunal considers 31
appropriate. 32
s9 56 s9
Local Government Reform Implementation Bill 2007
`(3) If the remuneration tribunal is conducting an inquiry into a 1
particular matter, the remuneration tribunal must-- 2
(a) invite submissions on the matter from local 3
governments, interested groups and persons and 4
members of the public; and 5
(b) state the period within which submissions must be 6
made. 7
`(4) Before making a decision about the matter, the remuneration 8
tribunal must have regard to any submissions made to the 9
remuneration tribunal within the stated period. 10
`(5) The remuneration tribunal may-- 11
(a) require information or submissions to be presented in 12
writing; and 13
(b) decide the matters on which information or submissions 14
may be presented orally. 15
`250AO Membership of remuneration tribunal changes 16
during inquiry 17
`(1) This section applies if-- 18
(a) the remuneration tribunal is conducting an inquiry into a 19
particular matter; and 20
(b) a member of the remuneration tribunal stops being a 21
member and is replaced by another person who becomes 22
a member. 23
`(2) The inquiry may be finished by the remuneration tribunal as 24
reconstituted. 25
`(3) Any decision of the reconstituted remuneration tribunal in 26
relation to a matter the subject of the inquiry has the same 27
force and effect as if the membership of the remuneration 28
tribunal had not changed. 29
s9 57 s9
Local Government Reform Implementation Bill 2007
`Subdivision 6 Reports 1
`250AP Remuneration tribunal reports 2
`(1) The remuneration tribunal must prepare a written report each 3
year on-- 4
(a) the establishment of categories of local governments; 5
and 6
(b) the category of local government to which each local 7
government belongs; and 8
(c) the remuneration schedule for the year; and 9
(d) any approvals made under section 250AL in the 10
previous year. 11
`(2) The report must be signed by each member of the 12
remuneration tribunal. 13
`(3) The remuneration tribunal must, within 7 days after making a 14
decision about the remuneration schedule for each year, give 15
the report to the Minister. 16
`250AQ Notification and tabling of report 17
`The Minister must, as soon as practicable after receiving the 18
report-- 19
(a) publish in the gazette-- 20
(i) the categories of local governments established by 21
the remuneration tribunal; and 22
(ii) the category to which each local government 23
belongs; and 24
(iii) the remuneration schedule; and 25
(b) table the report in the Legislative Assembly. 26
s9 58 s9
Local Government Reform Implementation Bill 2007
`Division 4 Reimbursement of expenses and 1
provision of facilities 2
`250AR Requirement to adopt expenses reimbursement 3
policy 4
`(1) A local government must adopt, by resolution, an expenses 5
and provision of facilities policy (an expenses reimbursement 6
policy) that complies with the requirements under the Act and 7
any relevant guidelines issued by the chief executive. 8
`(2) The policy must provide for-- 9
(a) payment to councillors of the local government of the 10
reasonable expenses incurred, or to be incurred, by the 11
councillors for discharging their duties and 12
responsibilities as councillors; and 13
(b) the provision of facilities to the councillors for that 14
purpose. 15
`(3) An expenses reimbursement policy adopted by the local 16
government must be notified as required under this division. 17
`250AS Amending expenses reimbursement policy 18
`(1) A local government may amend, by resolution, its expenses 19
reimbursement policy. 20
`(2) The amendment of the policy must be notified as required 21
under this division. 22
`250AT Notification of adoption of expenses reimbursement 23
policy 24
`(1) As soon as practicable after a local government adopts its 25
expenses reimbursement policy, the local government must 26
give public notice of the policy. 27
`(2) The public notice must be published in a newspaper 28
circulating generally in the local government area. 29
s 10 59 s 12
Local Government Reform Implementation Bill 2007
`250AU Meetings in public about expenses reimbursement 1
policy 2
`A local government must not resolve under section 463 that a 3
meeting at which a proposed expenses reimbursement policy 4
is discussed, or an expenses reimbursement policy is adopted 5
or amended, be closed.'. 6
Clause 10 Amendment of s 534 (Content of report about other 7
issues of public interest) 8
(1) Section 534(1)-- 9
insert-- 10
`(ea) a copy of the local government's expenses 11
reimbursement policy; and'. 12
(2) Section 534(1)(f), `remuneration'-- 13
omit, insert-- 14
`remuneration, including expenses paid or facilities 15
provided,'. 16
(3) Section 534(1)(g)(i), `by it'-- 17
omit, insert-- 18
`by it, including expenses paid or facilities provided,'. 19
Clause 11 Amendment of s 867 (Step 2--ensure proposed law 20
satisfactorily deals with any State interest) 21
Section 867(4), `makes a minor amendment of an existing law 22
(including, for example, the correction of a minor error)'-- 23
omit, insert-- 24
`amends an existing law to make an insubstantial change 25
(including, for example, a change necessary for consistency 26
with the local government's planning scheme or as a 27
consequence of an amendment of this or another Act)'. 28
Clause 12 Insertion of new ch 12, pt 2, div 6 29
After section 893-- 30
s 12 60 s 12
Local Government Reform Implementation Bill 2007
insert-- 1
`Division 6 Anti-competitive provisions of 2
existing local laws and existing 3
subordinate local laws 4
`893A Application of div 6 5
`This division applies to a local law or subordinate local law 6
for which a local government has resolved under division 5, 7
or chapter 19, part 1, division 4 as in force immediately before 8
the commencement of this section, to retain an 9
anti-competitive provision. 10
`893B Definitions for div 6 11
`In this division-- 12
expiry date means-- 13
(a) for the first review date--31 December 2010; or 14
(b) for a subsequent review date--31 December in the year 15
that is 2 years after the review date. 16
first review date means 1 January 2008. 17
public interest test means a review of an anti-competitive 18
provision of a local law or subordinate local law under this 19
division. 20
public interest test report means the report, including 21
recommendations, on a public interest test. 22
review date means the first review date or a subsequent review 23
date. 24
subsequent review date means 1 January 2018, and each 1 25
January that is the tenth anniversary of the preceding 26
subsequent review date. 27
s 12 61 s 12
Local Government Reform Implementation Bill 2007
`893C Expiry of local laws and subordinate local laws 1
unless local government complies with division 2
`(1) A local law or subordinate local law in force on a review date 3
expires on the expiry date for the review date unless the local 4
government complies with this division. 5
Note-- 6
See also section 899B for other expiry of local laws and subordinate 7
local laws. 8
`(2) However, subsection (1) does not apply if the local 9
government repeals each anti-competitive provision in the 10
local law or subordinate local law before the expiry date for 11
the review date. 12
`893D Review of anti-competitive provisions in local laws 13
and subordinate local laws 14
`A local government must carry out a review of the 15
anti-competitive provisions in its local laws and subordinate 16
local laws to which this division applies. 17
`893E Public interest test of anti-competitive provisions 18
`(1) A local government must ensure a public interest test is 19
carried out and a public interest test report is prepared for each 20
of its anti-competitive provisions. 21
`(2) A public interest test report must, for each anti-competitive 22
provision, recommend-- 23
(a) that the provision should be retained as it is no longer an 24
anti-competitive provision; or 25
(b) for a provision that the report states is an 26
anti-competitive provision--that the whole or part of the 27
provision-- 28
(i) in the public interest, should be retained, whether 29
in its current or another form; or 30
(ii) should not be retained. 31
`(3) For subsection (2), it is in the public interest for an 32
anti-competitive provision to be retained, whether in its 33
current or another form, if-- 34
s 12 62 s 12
Local Government Reform Implementation Bill 2007
(a) the benefits of the provision to the community as a 1
whole outweigh the costs; and 2
(b) the most appropriate way of achieving the objectives of 3
the local law or subordinate local law is by restricting 4
competition in the way provided in the provision. 5
`893F Local government to decide on test and report 6
process 7
`(1) The local government must decide-- 8
(a) how the public interest test is to be conducted; and 9
(b) the matters with which the public interest test report 10
must deal. 11
`(2) The decision must provide for a consultation process for the 12
public interest test and state how the process is to be used in 13
the test. 14
Example-- 15
A local government may decide that the consultation process 16
concerning anti-competitive provisions must include-- 17
(a) giving notice of the test and inviting submissions about the test; 18
and 19
(b) a period for submissions to be received; and 20
(c) direct consultation with interested parties; and 21
(d) consideration of the submissions received about the test. 22
`(3) The decision is subject to a regulation under section 893L. 23
`893G Public interest test report to be presented to local 24
government meeting 25
`As soon as practicable after a public interest test report is 26
completed, it must be presented to a meeting of the local 27
government. 28
`893H Local government to resolve whether to implement 29
recommendations of public interest test 30
`(1) After a public interest test report has been presented to a 31
meeting of a local government, the local government must 32
s 12 63 s 12
Local Government Reform Implementation Bill 2007
resolve whether to implement the recommendations of the 1
report. 2
`(2) A local government may make a contrary resolution about an 3
anti-competitive provision only if the local government 4
resolves that-- 5
(a) the benefits of the provision in the local law or 6
subordinate local law to the community as a whole 7
outweigh the costs; and 8
(b) the most appropriate way of achieving the objectives of 9
the local law or subordinate local law is by restricting 10
competition in the way provided in the provision. 11
`(3) A resolution under subsection (2) must include a statement of 12
the reasons for finding-- 13
(a) the benefits of the provision to the community as a 14
whole outweigh the costs; and 15
(b) the most appropriate way of achieving the objectives of 16
the local law or subordinate local law is by restricting 17
competition in the way provided in the provision. 18
`(4) As soon as practicable after making a resolution under this 19
section, the local government must advise the Minister of its 20
resolution. 21
`(5) In this section-- 22
contrary resolution means a resolution by a local government 23
to-- 24
(a) retain an anti-competitive provision of a local law or 25
subordinate local law despite a recommendation in a 26
public interest test report that the provision should be 27
repealed; or 28
(b) amend an anti-competitive provision of a local law or 29
subordinate local law contrary to a recommendation in a 30
public interest test report. 31
`893I Public interest test reports open to inspection 32
`From the day the public interest test report is presented to a 33
meeting of a local government, the report must be open to 34
inspection. 35
s 12 64 s 12
Local Government Reform Implementation Bill 2007
`893J Repeal or amendment of anti-competitive provision 1
`(1) If a local government resolves to repeal or amend an 2
anti-competitive provision of a local law under this division, it 3
must, by resolution, make a local law repealing or amending 4
the provision (a new local law). 5
`(2) If a local government resolves to repeal or amend an 6
anti-competitive provision of a subordinate local law under 7
this division, it must, by resolution, make a subordinate local 8
law repealing or amending the provision (a new subordinate 9
local law). 10
`(3) The local government must give notice of the making of the 11
new local law or new subordinate local law. 12
`(4) The notice must state the following-- 13
(a) the name of the local government making the new local 14
law or new subordinate local law; 15
(b) the name of the new local law or new subordinate local 16
law; 17
(c) the date of the local government's resolution making the 18
new local law or new subordinate local law; 19
(d) the name of the local law or subordinate local law; 20
(e) that there is an anti-competitive provision in the local 21
law or subordinate local law; 22
(f) that the provision has been repealed or amended; 23
(g) that a certified copy of the new local law or new 24
subordinate local law is open to inspection at the local 25
government's public office and at the department's State 26
office. 27
`(5) The notice must be published in the gazette. 28
`(6) The local government's chief executive officer must certify 29
the required number of copies of the new local law or new 30
subordinate local law to be the new local law or new 31
subordinate local law as made by the local government. 32
`(7) As soon as practicable after the making of the new local law 33
or new subordinate local law, the local government must give 34
the Minister-- 35
s 13 65 s 14
Local Government Reform Implementation Bill 2007
(a) a copy of the notice; and 1
(b) the required number of certified copies of the new local 2
law or new subordinate local law. 3
`(8) Part 2 does not apply to a new local law or new subordinate 4
local law made under this section. 5
`893K Timing for resolution and implementation 6
`For a local law or subordinate local law, a local government 7
must make a resolution under section 893H and, if necessary, 8
implement the resolution under section 893J, on or before the 9
expiry date for the review date. 10
`893L Regulation about public interest tests and public 11
interest test reports 12
`A regulation may prescribe-- 13
(a) the procedures to be followed and criteria to be used to 14
review anti-competitive provisions of local laws or 15
subordinate local laws; and 16
(b) requirements for public interest tests and public interest 17
test reports; and 18
(c) the giving of information by local governments to the 19
Minister.'. 20
Clause 13 Amendment of ch 12, pt 4, hdg 21
Chapter 12, part 4, heading, `and subordinate local laws'-- 22
omit, insert-- 23
`, subordinate local laws and consolidated versions of local 24
laws and subordinate local laws'. 25
Clause 14 Insertion of new s 897B 26
After section 897A-- 27
insert-- 28
s 15 66 s 15
Local Government Reform Implementation Bill 2007
`897B Consolidated versions of local laws and 1
subordinate local laws 2
`(1) A local government may prepare and adopt a consolidated 3
version of a local law or subordinate local law. 4
`(2) Part 2 does not apply to the making or notification of the 5
consolidated version of the local law or consolidated 6
subordinate local law. 7
`(3) Also, part 2 does not apply to the making of a minor 8
amendment of a local law or subordinate local law (the 9
amendment law) if the local government incorporates the 10
amendment law into a consolidated version of the local law or 11
subordinate local law. 12
`(4) However, for subsection (3)-- 13
(a) the local government must, by resolution, make the 14
amendment law; and 15
(b) the local government's chief executive officer must 16
certify the required number of copies of the amendment 17
law to be the amendment law as made by the local 18
government; and 19
(c) the local government must notify the making of the 20
amendment law as required under part 2. 21
`(5) The consolidated version of a local law or subordinate local 22
law is, in the absence of evidence to the contrary, taken to be 23
the local government's local law or subordinate local law on 24
and from the day the consolidated version of the local law or 25
subordinate local law is adopted by the local government. 26
`(6) As soon as practicable after the local government adopts the 27
consolidated version of the local law or subordinate local law, 28
the local government must give the chief executive a certified 29
copy of the consolidated version of the local law or 30
subordinate local law.'. 31
Clause 15 Amendment of s 898 (Proof of local laws and subordinate 32
local laws) 33
(1) Section 898, heading, `and subordinate local laws'-- 34
omit, insert-- 35
s 16 67 s 18
Local Government Reform Implementation Bill 2007
`, subordinate local laws and consolidated versions of local 1
laws and subordinate local laws'. 2
(2) Section 898, `or subordinate local law'-- 3
omit, insert-- 4
`, subordinate local law or consolidated version of a local law 5
or subordinate local law'. 6
Clause 16 Amendment of s 899A (Definitions for pt 5) 7
(1) Section 899A, definition expiry date, paragraph (a), `2012'-- 8
omit, insert-- 9
`2010'. 10
(2) Section 899A, definition first review date, `2010'-- 11
omit, insert-- 12
`2008'. 13
(3) Section 899A, definition subsequent review date, `1 January 14
in each tenth year after 1 January 2010'-- 15
omit, insert-- 16
`1 January 2018, and each 1 January that is the tenth 17
anniversary of the preceding subsequent review date'. 18
Clause 17 Omission of ch 19, pt 1, div 4 (Anti-competitive 19
provisions of existing local laws and existing subordinate 20
local laws) 21
Chapter 19, part 1, division 4-- 22
omit. 23
Clause 18 Insertion of new ch 19, pt 12 24
After section 1273-- 25
insert-- 26
s 18 68 s 18
Local Government Reform Implementation Bill 2007
`Part 12 Transitional provisions for 1
Local Government Reform Act 2
2007 3
`1274 Review of anti-competitive provisions of local laws 4
and subordinate local laws made in 2007 5
`(1) This section applies to a local law or subordinate local law 6
if-- 7
(a) the local law or subordinate local law is made in 2007; 8
and 9
(b) the local law or subordinate local law contains an 10
anti-competitive provision. 11
`(2) For applying section 893C to the local law or subordinate 12
local law-- 13
(a) section 893B, definition expiry date, paragraph (a), 14
applies as if `2010' were replaced by `2020'; and 15
(b) section 893B, definition first review date, applies as if 16
`2008' were replaced by `2018'; and 17
(c) section 893B, definition subsequent review date, applies 18
as if `2018' were replaced by `2028'. 19
`(3) In this section-- 20
anti-competitive provision has the same meaning as it has 21
under section 885 for a proposed local law or proposed 22
subordinate local law. 23
`1275 Public office for new local government 24
`(1) This section applies despite section 37. 25
`(2) A new local government must decide the premises that is to be 26
its public office as soon as possible after the changeover day 27
for its new local government area, but in any event, within 1 28
year after the changeover day. 29
`(3) Until its public office is established, the new local government 30
may keep 2 or more premises within the new local 31
government area, each as its public office. 32
s 19 69 s 19
Local Government Reform Implementation Bill 2007
`(4) Each premises kept as a public office under subsection (3) 1
must be premises that were the public office of a merging 2
local government before the changeover day. 3
`(5) However, for applying a provision of this Act that refers to the 4
public office of a local government, the reference to the public 5
office may be taken to be a reference to the public office of the 6
new local government that is most closely related to the matter 7
the subject of the provision. 8
Example-- 9
If under this Act a local government is required to keep a document 10
open for inspection at its public office, the new local government may 11
comply with the provision by keeping the document open for inspection 12
at the public office located in what was the local government area to 13
which the document is most closely related.'. 14
Clause 19 Insertion of new schs 1A-1C 15
After schedule 1-- 16
insert-- 17
`Schedule 1A Local government reform 18
implementation 19
sections 159YG to 159YL 20
`Part 1 New local governments 21
Column 1 Column 2 Column 3 Column 4 Column 5
Local Class Area map Number of Total number of
government councillors councillors
assigned to (including mayor)
each division
Barcaldine region LGRB 5 area not divided 7
Blackall Tambo region LGRB 8 divided 5
Bundaberg region LGRB 11 divided 11
Cairns region LGRB 14 divided 11
s 19 70 s 19
Local Government Reform Implementation Bill 2007
Column 1 Column 2 Column 3 Column 4 Column 5
Local Class Area map Number of Total number of
government councillors councillors
assigned to (including mayor)
each division
Cassowary region LGRB 16 divided 7
Coast
Central region LGRB 25 divided 9
Highlands
Charters Towers region LGRB 17 area not divided 7
Dalby region LGRB 22 area not divided 9
Fraser Coast region LGRB 28 area not divided 11
Gladstone region LGRB 29 area not divided 9
Goondiwindi region LGRB 31 area not divided 7
Gympie region LGRB 32 area not divided 9
Isaac region LGRB 36 divided 9
Lockyer Valley region LGRB 39 area not divided 7
Longreach region LGRB 41 divided 7
Mackay region LGRB 42 divided 11
Moreton Bay region LGRB 50 divided 13
North Burnett region LGRB 49 divided 7
Northern region LGRB 51 division 1--1 6
Peninsula Area division 2--1
division 3--1
division 4--1
division 5--1
Rockhampton region LGRB 58 divided 11
Roma region LGRB 59 area not divided 9
Scenic Rim region LGRB 7 divided 7
Somerset region LGRB 60 area not divided 7
South Burnett region LGRB 61 divided 7
Southern Downs region LGRB 62 area not divided 9
Sunshine Coast region LGRB 63 divided 13
Tablelands region LGRB 64 divided 9
s 19 71 s 19
Local Government Reform Implementation Bill 2007
Column 1 Column 2 Column 3 Column 4 Column 5
Local Class Area map Number of Total number of
government councillors councillors
assigned to (including mayor)
each division
Toowoomba region LGRB 65 divided 11
Torres Strait region LGRB 67 division 1--1 16
Island division 2--1
division 3--1
division 4--1
division 5--1
division 6--1
division 7--1
division 8--1
division 9--1
division 10--1
division 11--1
division 12--1
division 13--1
division 14--1
division 15--1
Townsville city LGRB 68 area not divided 13
Whitsunday region LGRB 69 divided 7
`Part 2 Adjusted local governments 1
Column 1 Column 2 Column 3 Column 4 Column 5
Local Class Area map Number of Total number of
government councillors councillors
assigned to (including mayor)
each division
Banana shire LGRB 4 divided 7
Cook shire LGRB 20 divided 7
Gold Coast city LGTA 30 divided 15
Hope Vale shire LGRB 34 area not divided 5
Ipswich city LGTA 35 divided 11
Logan city LGTA 40 divided 13
s 19 72 s 19
Local Government Reform Implementation Bill 2007
Column 1 Column 2 Column 3 Column 4 Column 5
Local Class Area map Number of Total number of
government councillors councillors
assigned to (including mayor)
each division
Mornington shire LGTA 45 area not divided 5
Torres shire LGRB 66 area not divided 5
Wujal Wujal shire LGRB 72 area not divided 5
`Part 3 Continuing local governments 1
Column 1 Column 2 Column 3 Column 4 Column 5
Local Class Area map Number of Total number of
government councillors councillors
assigned to (including mayor)
each division
Aurukun shire LGRB 2 area not divided 5
Balonne shire LGRB 3 area not divided 5
Barcoo shire LGRB 6 area not divided 5
Boulia shire LGRB 9 divided 5
Bulloo shire LGRB 10 area not divided 5
Burdekin shire LGRB 12 area not divided 7
Burke shire LGRB 13 area not divided 5
Carpentaria shire LGRB 15 area not divided 5
Cherbourg shire LGRB 18 area not divided 5
Cloncurry shire LGRB 19 area not divided 5
Croydon shire LGRB 21 area not divided 5
Diamantina shire LGRB 23 area not divided 5
Doomadgee shire LGRB 24 area not divided 5
Etheridge shire LGRB 26 divided 5
Flinders shire LGRB 27 area not divided 5
s 19 73 s 19
Local Government Reform Implementation Bill 2007
Column 1 Column 2 Column 3 Column 4 Column 5
Local Class Area map Number of Total number of
government councillors councillors
assigned to (including mayor)
each division
Hinchinbrook shire LGRB 33 area not divided 7
Kowanyama shire LGRB 37 area not divided 5
Lockhart River shire LGRB 38 area not divided 5
Mapoon shire LGRB 43 area not divided 5
McKinlay shire LGRB 44 area not divided 5
Mount Isa city LGRB 46 area not divided 7
Murweh shire LGRB 47 area not divided 5
Napranum shire LGRB 48 area not divided 5
Palm Island shire LGRB 52 area not divided 5
Paroo shire LGRB 53 area not divided 5
Pormpuraaw shire LGRB 54 area not divided 5
Quilpie shire LGRB 55 area not divided 5
Redland city LGRB 56 divided 11
Richmond shire LGRB 57 area not divided 5
Winton shire LGRB 70 area not divided 5
Woorabinda shire LGRB 71 area not divided 5
Yarrabah shire LGRB 73 area not divided 5
`Schedule 1B Composition of new local 1
transition committees 2
for particular new local 3
governments 4
section 159YR 5
s 19 74 s 19
Local Government Reform Implementation Bill 2007
Cassowary Coast Regional Council 1
· 2 councillors from Cardwell Shire Council 2
· the administrator of Johnstone Shire Council, who is 3
eligible to be chosen as the chairperson of the local 4
transition committee, and the member of the community 5
reference group established for Johnstone Shire Council 6
chosen by the administrator 7
· union representatives as provided for in chapter 3, part 8
1B, division 4, subdivision 1 9
· the interim chief executive officer for the new local 10
government area as provided for in chapter 3, part 1B, 11
division 4, subdivision 1 12
Torres Strait Island Regional Council 13
· 1 representative from each island council whose council 14
area is included in Torres Strait Island Regional Council, 15
who must be the chairperson of the island council, or a 16
councillor who is the delegate of the chairperson 17
· union representatives as provided for in chapter 3, part 18
1B, division 4, subdivision 1 19
· the interim chief executive officer for the new local 20
government area as provided for in chapter 3, part 1B, 21
division 4, subdivision 1 22
`Schedule 1C Composition of transferring 23
area local transition 24
committees 25
section 159YY 26
Transferring area local transition committee for 27
transferring area A (Logan/Beaudesert) 28
s 20 75 s 20
Local Government Reform Implementation Bill 2007
· 2 councillors each from Logan City Council and 1
Beaudesert Shire Council 2
· union representatives as provided for a local transition 3
committee in chapter 3, part 1B, division 4, subdivision 4
1 5
· the chief executive officer of each of Logan City 6
Council and Beaudesert Shire Council 7
Transferring area local transition committee for 8
transferring area D (Logan/Gold Coast) 9
· 2 councillors each from Logan City Council and Gold 10
Coast City Council 11
· union representatives as provided for a local transition 12
committee in chapter 3, part 1B, division 4, subdivision 13
1 14
· the chief executive officer of each of Logan City 15
Council and Beaudesert Shire Council 16
Transferring area local transition committee for 17
transferring area E (Banana/Taroom) 18
· 2 councillors each from Banana Shire Council and 19
Taroom Shire Council 20
· union representatives as provided for a local transition 21
committee in chapter 3, part 1B, division 4, subdivision 22
1 23
· the chief executive officer of each of Banana Shire 24
Council and Taroom Shire Council'. 25
Clause 20 Amendment of sch 2 (Dictionary) 26
(1) Schedule 2-- 27
insert-- 28
`auditor-general means the Queensland Auditor-General 29
under the Financial Administration and Audit Act 1977. 30
s 20 76 s 20
Local Government Reform Implementation Bill 2007
category of local government, for chapter 4, part 3, division 3, 1
means each category of local government established under 2
section 250AH. 3
consolidated version, of a local law or subordinate local law, 4
means a document that accurately combines a local 5
government's local law or subordinate local law, as originally 6
made, with all amendments made to the local law or 7
subordinate local law since the local law or subordinate local 8
law was originally made. 9
expenses reimbursement policy see section 250AR(1). 10
electoral commission means the Electoral Commission of 11
Queensland under the Electoral Act 1992. 12
minor amendment, of a local law, means an amendment 13
correcting or changing-- 14
(a) the format or presentation of the local law; or 15
(b) a grammatical error in the local law; or 16
(c) a factual matter incorrectly stated in the local law; or 17
(d) redundant or outdated terms. 18
reform commission see section 159D. 19
remuneration schedule see section 250AK(3). 20
remuneration tribunal means the Local Government 21
Remuneration Tribunal established under section 250AA. 22
(2) Schedule 2, definition drafting certificate, `and a lawyer'-- 23
omit. 24
(3) Schedule 2, definition remuneration, from `includes--' 25
omit, insert-- 26
`includes-- 27
(a) any fees or allowances paid to the councillor or member 28
by the local government; and 29
(b) any reimbursement of expenses paid, or any facilities 30
provided, to the councillor or member by the local 31
government; and 32
s 21 77 s 22
Local Government Reform Implementation Bill 2007
(c) any benefit or entitlement provided to the councillor or 1
member by the local government.'. 2
Part 3 Amendment of City of Brisbane 3
Act 1924 4
Clause 21 Act amended in pt 3 5
This part amends the City of Brisbane Act 1924. 6
Clause 22 Insertion of new pt 2, div 5A 7
Part 2-- 8
insert-- 9
`Division 5A Special provisions for 2008 10
quadrennial elections 11
`17B Quadrennial elections in 2008 to be held on 15 12
March instead of 29 March 13
`(1) For 2008, and despite section 16(2), the date for the holding of 14
the quadrennial election of the mayor and other councillors is 15
15 March 2008. 16
`(2) A different date for 2008 may be fixed by regulation under 17
section 16(3). 18
`17C Conduct of 2008 quadrennial elections by electoral 19
commission under s 17A 20
`(1) The 2008 quadrennial elections of the mayor and other 21
councillors must be conducted by the electoral commission 22
under section 17A. 23
`(2) If the council does not enter into an agreement with the 24
electoral commission under section 17A, the council and the 25
electoral commission are taken, for section 17A, to have 26
entered into an agreement in the terms the Minister directs. 27
s 22 78 s 22
Local Government Reform Implementation Bill 2007
`17D Expiry of div 5A 1
`This division expires at the end of 31 December 2008, or at 2
an earlier time fixed under a regulation.'. 3
79
Local Government Reform Implementation Bill 2007
Schedule Minor amendments 1
section 2 2
Local Government Act 1993 3
1 Section 159E(1)(d), `, other than as that division is applied 4
under section 159Z'-- 5
omit. 6
2 Chapter 18, part 2-- 7
insert-- 8
`1205B Provision for amended s 428 9
`(1) The word `omit,' is taken never to have been included in the 10
amending provision. 11
`(2) This section expires at the end of the day after it commences. 12
`(3) This section is declared to be a law to which the Acts 13
Interpretation Act 1954, section 20A applies. 14
`(4) In this section-- 15
amending provision means the Local Government and Other 16
Legislation Amendment Act 2007, section 41(5).'. 17
© State of Queensland 2007
AMENDMENTS TO BILL
1
Local Government Reform Implementation Bill 2007
Local Government Reform
Implementation Bill 2007
Amendments agreed to during Consideration
1 Clause 5 (Insertion of new ch 3, pt 1B)--
At page 29, after line 16--
insert--
`(3) The appointment may be made by way of seconding an
employee of a local government required to be represented on
the committee to the role of interim chief executive officer.'.
2 Clause 5 (Insertion of new ch 3, pt 1B)--
At page 29, line 17, `(3)'--
omit, insert--
`(4)'.
3 Clause 5 (Insertion of new ch 3, pt 1B)--
At page 29, lines 23 to 25--
omit.
4 Clause 5 (Insertion of new ch 3, pt 1B)--
At page 30, lines 11 and 12--
omit, insert--
`(a) a representative of each union whose members include
employees of a local government required to be on the
local transition committee; and'.
5 Clause 5 (Insertion of new ch 3, pt 1B)--
At page 30, after line 18--
insert--
2
Local Government Reform Implementation Bill 2007
`(4) In this section--
union means an employee association registered as an
organisation under the Industrial Relations Act 1999.'.
6 Clause 5 (Insertion of new ch 3, pt 1B)--
At page 45, lines 5 and 6, `under chapter 6, part 2'--
omit.
7 Clause 5 (Insertion of new ch 3, pt 1B)--
At page 45, line 18, `, despite chapter 6, part 2,'--
omit.
8 Clause 5 (Insertion of new ch 3, pt 1B)--
At page 45, after line 25--
insert--
`(2A) If the poll mentioned in subsection (2) is to be conducted
under chapter 6, part 2, the subsection applies despite that
part.'.
9 Clause 5 (Insertion of new ch 3, pt 1B)--
At page 46, after line 4--
insert--
`conduct a poll, means--
(a) conduct a poll under chapter 6, part 2; or
(b) take any action to request, arrange, assist, facilitate or
cause a poll to be conducted by the Australian Electoral
Commission or any other entity.
Example of action to arrange a poll to be conducted--
advertise that the poll is to be conducted
poll, other than for a poll conducted under chapter 6, part 2,
includes referendum and plebiscite, and any process similar to
a poll, referendum or plebiscite.'.
3
Local Government Reform Implementation Bill 2007
10 After clause 5--
At page 46, after line 23--
insert--
`5A Amendment of s 160 (Procedures before exercise of
certain powers)
`Section 160(2), after paragraph (a)--
insert--
`(aa) the power is proposed to be exercised because of a
contravention of section 159ZY(1); or'.
`5B Amendment of s 164 (Dissolution of local government)
Section 164(1)(a), after `unlawfully'--
insert--
`, including by contravening section 159ZY(1),'.'.
11 Clause 19 (Insertion of new schs 1A-1C)
At page 71, entry for Toowoomba, column 4, before
`divided'--
insert--
`area not'.
12 Clause 19 (Insertion of new schs 1A-1C)
At pages 71 and 72, entries for Gold Coast, Ipswich, Logan
and Mornington, column 3, `LGTA'--
omit, insert--
`LGRB'.
13 Clause 19 (Insertion of new schs 1A-1C)
At page 75, line 16, `Beaudesert Shire'--
omit, insert--
`Gold Coast City'.
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