Ratepayer Protections

LG Leader December 2018

“Rate capping is dead, long live ratepayer protections”  is the catchcry the Labor Party would have us ascribe to.

With the failure to gain Upper House support for the realisation of the Liberal Party election manifesto of rate capping, the Labor Party has introduced the Local Government (Ratepayer Protection and Related Measures) Amendment Bill 2018. This Bill has passed the Upper House and is now subject to consideration in the Lower House where, of course, the Government has the majority numbers.

Whilst the Bill may become law in its current form – or in an amended form – or not at all, it is important that our readers are aware of at least some of the key proposals as follows:

• the SA Local Government Grants Commission will become the Local Government Commission and will leave powers that include
  • the annual review of the performance of councils in accordance with performance indicators that it will set
  • with others, to deal with elected members that have been found to lodge frivolous or vexatious complaints against other members
  • lodging complaints against elected members with the SACAT, and
  • investigating alleged breaches by elected members of the prescribed Code of Conduct for Council Members and taking disciplinary action against members
• causing a general election for all members of a council where the principal member is elected at large and there is a successful vote of no confidence in the principal member,
• website publication of all interstate travel (by both members and staff) on a monthly basis;
• prior council approval for overseas travel;
• inclusion in minutes of meetings details of how members voted on any resolution to move into confidence [under section 90(2) and (3)] or to keep documents confidential [under section 91 (7)];
• publication in full, on the website, of the CEO contact of employment; and
• the membership of the audit committee being comprised only of persons drawn from a list of persons established by the Auditor General.

To read the Bill in full, click here.

For further information please contact Michael Kelledy on 08 8113 7103 or at mkelledy@kelledyjones.com.au.