Local Government Bill 2018

Division 5—Commissions of Inquiry

Clause 234 provides for the Minister to appoint a Commission of Inquiry to conduct an inquiry into the affairs of a Council or Councils and to provide a written report to the Minister.

Clause 235 provides for the appointment, resignation or removal of Commissioners.

Clause 236 allows a Commission of Inquiry, with the consent of the Minister, to use the services of Public Service employees.

Clause 237 provides that the public sector values relating to the provision of advice to Government and implementing Government policies and programs do not apply to staff employed or engaged by a Commission of Inquiry.

Clause 238 provides for a Commission of Inquiry to conduct its inquiry in any appropriate manner, subject to the instrument of appointment, natural justice and any Act or regulation.

Clause 239 provides that a Commission of Inquiry is not bound by the rules of evidence or practices or procedures applicable to Courts of record and may inform itself on any matter it sees fit.

Clause 240 provides for a Commission of Inquiry to serve a notice on a person to appear before the Commission of Inquiry and requires them to do so unless they have a reasonable excuse.

Clause 241 allows a Commission of Inquiry to hear evidence under oath and provides for penalties for failure to take an oath or give evidence to a Commission of Inquiry when required to do so.

Clause 242 provides for a Commission of Inquiry to inspect, retain or copy any document produced to the Commission of Inquiry and must return such material when it ceases to be relevant to the Commission.

Clause 243 entitles a witness to be represented and be paid expenses or for a person to represent a witness.

Clause 244 allows a Commission of Inquiry to determine whether proceedings should be open to the public.

Clause 245 allows a Commission of Inquiry to make an order to exclude a person from proceedings.

Clause 246 allows a Commission of Inquiry to make an order restricting or prohibiting publication of information or evidence related to the inquiry.

Clause 247 makes it an offence to contravene an order of a Commission of Inquiry made under clauses 245 or 246 and provides a maximum penalty for this office.

Clause 248 allows a Commission of Inquiry to make an order for a Council to pay the costs of the Commission of Inquiry.

Clause 249 provides protections for commissioners, members of Commission of Inquiry staff, lawyers and witnesses.

Clause 250 provides that evidence admitted exclusively to Commission of Inquiry proceedings may not be used as evidence against the person presenting it in other proceedings except in proceedings for offences against this Act or section 254 or 314 of the Crimes Act 1958.

Clause 251 requires a Commission of Inquiry to give a person an opportunity to respond to an adverse finding and to fairly set out the person's response in its report.

Clause 252 requires staff of a Commission of Inquiry to not disclose information acquired in the course of the performance of their functions except in defined circumstances.

Clause 253 sets out the circumstances when a Commission of Inquiry may disclose information.

Clause 254 sets out offences for a person who gives false or misleading information or documentation to a Commission of Inquiry.

Clause 255 requires the Minister to table a report from a Commission of Inquiry in Parliament.

Clause 256 provides for the transfer of records of a Commission of Inquiry to the Department of Environment, Land Water and Planning when the Commission of Inquiry has concluded and thence to the Public Record Office.

Clause 257 provides that documents of a Commission of Inquiry are exempt from the Freedom of Information Act 1982.

Division 6—Suspension of a Councillor or Councillors

Clause 258 provides for the Minister to seek an Order in Council to suspend an individual Councillor.

Subclause (2) sets out the grounds which the Minister must be reasonably satisfied of before seeking a suspension order under this clause.

An Order in Council made under this clause must be laid before both Houses of Parliament (the Order in Council may be disallowed by either House) and must not exceed one year in duration.

Clause 259 provides for proceedings before a Councillor Conduct Panel to be suspended and then stopped if an Order in Council to suspend the respondent Councillor is made and not disallowed.

Clause 260 provides for the Minister to seek an Order in Council to suspend all the Councillors of a Council.

The Minister may only seek an order under this clause if, after considering what steps have been taken by the Council, the Minister is satisfied on reasonable grounds that there has been a failure to provide good governance or the Minister is satisfied on reasonable grounds that the Council has repeatedly and substantially failed to comply with a general order or a special order for a rate cap.

An Order in Council made under this clause must be laid before both Houses of Parliament (the Order in Council may be disallowed by either House) and must not exceed one year in duration.

At the expiration of an Order under this clause the Councillors resume office unless—

• 
  a date has been fixed for a general election; or
  

• 
  a Bill has been introduced into Parliament to dismiss the Council.
  

Clause 261 provides for the appointment of an administrator during a period when all the Councillors of a Council are suspended.

Division 7—Temporary administration

Clause 262 provides that when more than half of the positions of Councillor at a Council have been vacated and the Minister believes the council to be incapable of providing good governance, the Minister must recommend the appointment of an administrator to assume the role of the elected council.
Clause 263 provides for the suspension of the remaining councillors should clause 262 be invoked and the appointment of an administrator. During this time the remaining councillors may be requested to provide advice to the administrator, be a member of a delegated committee or represent the Council on another body.