Queensland Subordinate Legislation as Made

LOCAL GOVERNMENT LEGISLATION (INTEGRITY) AMENDMENT REGULATION 2020 - REG 8

8 Insertion of new ch 8, pt 2, div 1 and ch 8, pt 2, div 2, hdg

Chapter 8 , part 2 , before section 243 —
insert—

Division 1 - Requirements for council meetings generally

242A What this division is about

(1) This division is about council meetings.

(2) However, this division does not apply to meetings of the audit committee.

242B Public notice of meetings

(1) The council must, at least once in each year, publish a notice of the days and times when—

(a) its ordinary meetings will be held; and

(b) the ordinary meetings of its standing committees will be held.

(2) The notice mentioned in subsection (1) must be published on the council’s website, and in other ways the council considers appropriate.

(3) The council must display in a conspicuous place in its public office a notice of the days and times when—

(a) its meetings will be held; and

(b) meetings of its committees will be held.

(4) The council must, as soon as practicable, notify any change to the days and times mentioned in subsection (1) or (3) in the same way as the days and times were previously notified.

242C Notice of meetings and agendas for councillors or committee members

(1) Notice of each council meeting or adjourned council meeting must be given to each councillor or committee member at least 2 days before the day of the meeting, unless it is impracticable to give the notice before that time.

(2) The notice must—

(a) state the day and time of the council meeting; and

(b) for a special meeting—state the business to be conducted at the meeting; and

(c) include the agenda for the council meeting.

(3) The notice may be given to a councillor or committee member by sending the notice to the councillor or member electronically.

242D Public availability of agendas

(1) The council must make the agenda for a council meeting publicly available by 5p.m. on the next business day after notice of the meeting is given under section 242C.

(2) Also, the council must make a related report for a council meeting publicly available as follows—

(a) if the related report is made available to councillors or committee members before or at the time notice of the meeting is given under section 242C—when the agenda for the meeting is made publicly available under subsection (1);

(b) if the related report is made available to councillors or committee members during the relevant period for the meeting—as soon as practicable after it is made available to the councillors or committee members.

(3) However, the council need not make a related report publicly available to the extent it contains information that is confidential to the council.

(4) This section does not affect the right to discuss or deal with, at any council meeting, items arising after notice of the meeting is given under section 242C.

(5) This section does not apply to a meeting of the Establishment and Coordination Committee.

(6) In this section—

"related report" , for a council meeting, means a report or other document relating to an item on the agenda for the meeting that is made available to councillors or committee members for the purposes of the meeting.

"relevant period" , for a council meeting, means the period—

(a) starting immediately after notice of the meeting is given under section 242C; and

(b) ending immediately before the meeting is held.

242E Procedure at meetings

(1) Business may be conducted at a council meeting only if a quorum is present.

(2) At a council meeting—

(a) a question is decided by a majority of the votes of the councillors or committee members present; and

(b) subject to chapter 6, part 2, division 5A of the Act, each councillor or committee member present has a vote on each question to be decided and, if the votes are equal, the person presiding at the meeting has a casting vote.

(3) At a meeting of a committee of the council, if a committee member present and entitled to vote fails to vote, the member is taken to have voted in the negative.

242F Minutes

(1) The chief executive officer must ensure minutes of each council meeting are taken under the supervision of the person presiding at the meeting.

(2) Minutes of each council meeting must include—

(a) the names of councillors or committee members present at the meeting; and

(b) if a division is called on a question—the names of all persons voting on the question and how they voted; and

(c) each relevant report for the meeting, other than to the extent the relevant report contains information that is confidential to the council.

(3) However, the minutes of a council meeting need not include a relevant report if the relevant report has been made publicly available under section 242D.

(4) At each council meeting, the minutes of the previous meeting must be confirmed by the councillors or committee members present.

(5) A councillor or committee member present at a council meeting may vote to confirm the minutes of the previous meeting even if—

(a) the councillor or member was not present at the previous meeting; or

(b) for a councillor—the councillor had a prescribed conflict of interest or declarable conflict of interest in a matter considered, discussed or voted on at the previous meeting.

(6) A copy of the minutes of each council meeting must be made publicly available by 5p.m. on the tenth day after the meeting is held, unless the minutes are sooner confirmed.

(7) When the minutes of a council meeting have been confirmed, a copy of the confirmed minutes must be made publicly available, and available for purchase at the council’s public office, as soon as practicable after the meeting at which the minutes are confirmed is held.

(8) The price for purchasing a copy of the minutes of a council meeting must not be more than the total of—

(a) the cost to the council of having the copy printed and made available for purchase; and

(b) if the copy is supplied to a purchaser by post—the cost of postage.

(9) In this section—

"relevant report" , for a council meeting, means a report or other document—

(a) directly relevant to a matter considered or voted on at the meeting; or

(b) presented at the meeting for the consideration or information of the council or committee.

Examples—

• a video or recording, or a transcript of the video or recording, watched or listened to by councillors at a council meeting before making a decision

• a chart, diagram, spreadsheet or picture considered at a council meeting

• a copy of an auditor-general’s observation report presented at a meeting of the council under section 203(3)

• a petition or media release presented at a council meeting

242G Advisory committees exempted from taking minutes

(1) The council may, by resolution, exempt an advisory committee from the requirement to take minutes of its proceedings.

(2) If the council exempts an advisory committee under subsection (1)—

(a) section 242F does not apply to the committee; and

(b) the committee must give the council a written report of the committee’s deliberations and its advice or recommendations; and

(c) for section 177X(2) or (4) of the Act, the way prescribed is by including the information in a written statement given to the council.

242H Recording of reasons for particular decisions

(1) This section applies if a decision made at a council meeting is inconsistent with a recommendation or advice given to the council by an advisor of the council and either or both of the following apply to the decision—

(a) the decision is about entering into a contract the total value of which is more than the greater of the following—

(i) $200,000 exclusive of GST;

(ii) 1% of the council’s net rate and utility charges as stated in the council’s audited financial statements included in the council’s most recently adopted annual report;

(b) the decision is inconsistent with a policy of the council, or the approach ordinarily followed by the council for the type of decision.

Examples of decisions to which this section might apply—

• the grant of a licence, permit or approval, however named, under an Act or local law

• the grant of a concession, rebate or waiver in relation to an amount owed to the council

• the disposal of land or a non-current asset

(2) The chief executive officer must ensure the minutes of the council meeting include a statement of the reasons for not adopting the recommendation or advice.

(3) In this section—

"advisor" , of the council, means a person—

(a) who is an employee of the council or is otherwise engaged to provide services to the council; and

(b) whose duties include giving a recommendation or advice.

242I Meetings in public unless otherwise resolved

(1) A council meeting is open to the public unless the council or committee has resolved that the meeting is to be closed under section 242J.

(2) This section does not apply to a meeting of the Establishment and Coordination Committee.

242J Closed meetings

(1) The council may resolve that all or part of a meeting of the council be closed to the public.

(2) A committee of the council may resolve that all or part of a meeting of the committee be closed to the public.

(3) However, the council or a committee of the council may make a resolution about a council meeting under subsection (1) or (2) only if its councillors or members consider it necessary to close the meeting to discuss one or more of the following matters—

(a) the appointment, discipline or dismissal of the chief executive officer or a senior executive employee;

(b) industrial matters affecting employees;

(c) the council’s budget;

(d) rating concessions;

(e) legal advice obtained by the council or legal proceedings involving the council including, for example, legal proceedings that may be taken by or against the council;

(f) matters that may directly affect the health and safety of an individual or group of individuals;

(g) negotiations relating to a commercial matter involving the council for which a public discussion would be likely to prejudice the interests of the council;

(h) negotiations relating to the taking of land by the council under the Acquisition of Land Act 1967 ;

(i) a matter the council is required to keep confidential under a law of, or formal arrangement with, the Commonwealth or a State.

(4) However, the council or a committee of the council must not resolve that a part of a council meeting at which a decision mentioned in section 177O(2), 177P(3) or 177R(2) of the Act will be considered, discussed, voted on or made be closed.

(5) A resolution that a council meeting be closed must—

(a) state the matter mentioned in subsection (3) that is to be discussed; and

(b) include an overview of what is to be discussed while the meeting is closed.

(6) The council or a committee of the council must not make a resolution (other than a procedural resolution) in a council meeting, or a part of a council meeting, that is closed.

242K Participating in meetings by audio link or audio visual link

(1) The council may allow a person to take part in a meeting of the council by audio link or audio visual link.

(2) A committee of the council may allow a person to take part in a meeting of the committee by audio link or audio visual link.

(3) A councillor or committee member who takes part in a council meeting under subsection (1) or (2) is taken to be present at the meeting if the councillor or member was simultaneously in audio contact with each other person at the meeting.

(4) In this section—

"audio link" see the Evidence Act 1977 , section 39C.

"audio visual link" see the Evidence Act 1977 , schedule 3.

Division 2 - Requirements for meetings of the council