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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
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Bills

Local Government (Accountability and Governance) Amendment Bill

Introduction and First Reading

The Hon. G.G. BROCK (Frome—Minister for Regional Development, Minister for Local Government) (12:01): Obtained leave and introduced a bill to amend the Local Government Act 1999; to make a related amendment to the City of Adelaide Act 1998; and to repeal the Local Government Act 1934. Read a first time.

Second Reading

The Hon. G.G. BROCK (Frome—Minister for Regional Development, Minister for Local Government) (12:01): I move:

That this bill be now read a second time.

This bill seeks to amend the local government legislation to improve local government accountability and governance, implement recommendations made by the Ombudsman and to make miscellaneous amendments to achieve a more consistent and contemporary legislative framework for the local government sector. The bill includes measures to provide more clarity around the issue of council members appropriately managing conflicts of interest.

The reform of the conflict of interest provisions of the Local Government Act 1999 is considered necessary because of significant confusion amongst council members in interpreting the current provisions of the act, the existence of different legal opinions on the interpretation of this part of the act, calls by the South Australian Ombudsman for the act to be amended to improve transparency and greater disclosure of actual and potential conflicts of interest, and there is a need to keep these provisions in line with contemporary public policy and community expectations of public integrity.

In December 2014, the Council Members' Personal Interests Discussion Paper, which was prepared by the Office of Local Government and the Local Government Association, was released for the purpose of promoting discussions about the reform of the conflict of interest provisions of the act, based on equivalent provisions in the Queensland Local Government Act 2009. This consultation attracted significant support for amending the conflict of interest provisions, notably by providing clarity in relation to routine matters and the difference between actual and perceived conflicts of interest.

The comprehensive responses received from the Ombudsman, the Independent Commissioner Against Corruption, the Crown Solicitor, the Local Government Association and councils have informed the proposals contained within this bill. Consequently, it is proposed that chapter 5, part 4, division 3 of the act be repealed and replaced with a new division 3. This part of the bill is based on the fundamental principle that council members must always consider the public interest in any decisions or actions taken in their role as a council member. The private interests of the member must never prevail over the public interest in that context.

The current act requires reform as it only has one category of conflict of interest that captures all potential conflicts along the continuum from minor through to very serious. It only provides a council member with one course of action when dealing with a conflict of interest, that is, to declare the interest and leave the meeting, and it does not explicitly provide for the declaration of perceived conflicts of interest.

This bill establishes material conflicts of interest, which include those situations where a council member (or a person or entity closely associated with the member) stands to gain a benefit or suffer a loss depending on the outcome of the consideration of the matter at the council meeting. The government's intention is to capture the most serious conflicts of interest in this category, especially those matters that would result in a financial gain or loss for the council member or associate. The bill requires a member who has a material conflict of interest to declare that interest and to leave the meeting while the matter is discussed and voted on.

The bill also provides for serious penalties for a breach of a material conflict of interest. If a member deliberately votes on a matter, with the intention of gaining a benefit or avoiding a loss, the maximum penalty proposed is $15,000 or four years' imprisonment. The government's intention is to send a very clear message to the local government sector that material conflicts of interest are serious matters and must be treated accordingly.

The bill also recognises that members must be able to participate in discussion and vote on matters that are 'matters of ordinary business' for the council, even if they could technically have a material interest in the matter. Therefore, the bill provides that a material conflict of interest does not arise for a matter of ordinary business of the council. An example is the council decision to declare council rates for the year where council members are also ratepayers and would gain a benefit or suffer a loss as a result of the decision. It is essential for council members to fully participate in the discussion and decision on this matter, as it is fundamental to the operation of councils. It is the government's intention to set out the approved 'matters of ordinary business' of councils in regulations upon the passing of this bill and in consultation with the Local Government Association.

A second category of conflict of interests, actual and perceived conflicts of interests, is also established by this bill. This includes matters considered to be less serious than material conflicts of interest, but nevertheless interests that must be disclosed and documented. Importantly, management of this category of conflicts of interests does not automatically require a council member to leave a meeting. An actual conflict of interest can be distinguished from a material conflict of interest because the potential gain or loss to the council member is less significant; for example, it may be a non-financial or minor gain or loss. Most importantly, an actual conflict of interest, while needing to be declared, is less likely to influence the judgement of the member on the matter to be decided before the council.

The bill provides some grounds for qualified exclusions from a conflict of interest where a council member has association with organisations such as community groups and sporting clubs, is a member of a political party, has involvement with a school or has been nominated by the council as a member of a board. It should be emphasised, however, that this exclusion is not absolute. A council member will still be required to carefully consider whether she or he has an actual or perceived conflict of interest depending on the facts and circumstances on the specific matter being discussed by council. A perceived conflict of interest is defined as arising where a council member could reasonably be taken, from the perspective of an impartial, fair-minded person, to have a conflict of interest in the matter.

This is a new concept for South Australian councils and council members and it has been recommended by the Ombudsman and supported by the Independent Commissioner Against Corruption and the Local Government Association. While it may be a new concept to some councillors in South Australia, it is a well-known and accepted principle in administrative law. It is also necessary to provide confidence to the community that council members, individually and collectively, are accountable for their decision-making process.

Unlike material conflicts of interest, where there is only one course of action available to the council member, provision is made for a range of actions for the council member with an actual or perceived conflict of interest. The fundamental principle is that the council member must deal with the actual or perceived conflict of interest in a transparent and accountable way. There is no automatic requirement for the council member to leave the meeting and refrain from voting on the matter.

In these situations, the council member is required to disclose the interest to the meeting and advise the meeting how the interest will be managed if the member chooses to stay in the meeting and vote on the matter. These details must also be recorded in the minutes of the meeting, including how the council member voted on the matter.

In order to support council members to adapt to these new provisions, it will be necessary that detailed guidance materials for councils and council members are prepared, together with training sessions to explain the new provisions and their application in practice. This government welcomes the offer from the Local Government Association to undertake this work and staff from the Office of Local Government will provide assistance as required.

This bill also contains reforms in relation to the confidentiality provisions. The Ombudsman has previously found several breaches of the act concerning the basis of resolutions for moving council meetings into confidence; evidence of invalid orders made to keep documents confidential; and perceptions that councils were improperly making important and sensitive decisions at meetings behind closed doors. The Ombudsman's concerns were discussed in the November 2012 audit of the use of meeting confidentiality provisions of the act in South Australian councils. In response to the concerns of the Ombudsman, this bill:

contains a clarification that controversial or sensitive matters are matters that are irrelevant when considering making a confidential meeting order;

mandates a requirement for an explanation of grounds for which a confidentiality order is being made, why a matter falls within those grounds and, if relevant, why discussion of a matter in an open meeting would be contrary to the public interest;

provides a clarification that if a council or council committee seeks to extend the duration of a confidentiality order over documents, it must resolve to do so before the date of the expiry of the preceding order, and that it must be the council or council committee that resolves to do so and this power cannot be delegated to an employee of the council; and

mandates a requirement for documents released from confidentiality to be included as documents to be made available for inspection on the internet, in conformity with this entire bill's focus on improving transparency and making the legislative framework more contemporary.

In accord with the government's commitment to improve the confidentiality provisions of the legislative framework, this bill contains a provision requiring all councils to have a policy in relation to informal gatherings and for such policy to comply with any requirements in the regulations. It is the government's intention that such policies will include a requirement for councils to decide, on a case-by-case basis, whether informal gatherings and workshops should not be open to the public.

This bill also contains further reforms based on recommendations of the Ombudsman, such as removing the written request requirement for a member of the public to access certain parts of a council's Register of Interests and requires that this information be made available on the council website, as well as a mandatory requirement that the register be updated regularly.

This bill aims to improve certain prudential requirements, so that where a project involves the selling or exchanging of land, other than where the land is sold for unpaid rates or is transferred without consideration, a land valuation or valuations must be provided by a certified valuer. It is important to note that this bill seeks to repeal the Local Government Act 1934, parts of which were retained pending the development of other legislation. This bill proposes to transfer a small number of provisions to the 1999 act to enable the 1934 act to be repealed.

The bill also contains a number of miscellaneous amendments, many of these reflecting community progression to use the internet for accessing information and contemporary community expectations for increased transparency. There are also other technical amendments, such as correcting inconsistencies, clarifying matters and removing redundant provisions.

In closing, I thank all staff and organisations who have provided feedback and helped to prepare this bill. I now seek leave to insert the remainder of my second reading explanation into Hansard without reading it.

Leave granted.

Miscellaneous Provisions in the Local Government Act 1999

Section 4—Interpretation

It is considered that the current definition of 'relative' is too narrow in relation to conflicts of interest that are required to be declared. Accordingly, this amendment expands the definition of 'relative' to include stepson, stepdaughter, stepfather, stepmother or any member of the person's family who resides in the member's household. The intention is to update the Act to reflect contemporary definitions of a 'relative'.

Section 4 – Interpretation

Currently, 'public notice' only refers to that published in print. It is considered that this is outdated and that publication should include a relevant website, to reflect society's progression to the internet. This amendment also amends the requirement for publication in a newspaper circulating in the State to that circulating within the area of the relevant council, in order to balance the high costs of advertising in State-wide newspapers with the need to provide the requisite notice.

Section 12(11c)(b)(iii) – Composition and wards

This is a minor, technical amendment, deleting the words 'the Internet' and substituting 'a website determined by the chief executive officer' in order to keep the wording consistent with the rest of the Act.

Section 44(3)(f)—Delegations

This is a minor, technical amendment that deletes the provision as it is superfluous. It is the Remuneration Tribunal, not a council, that determines the relevant allowances.

Section 44(3)(ja)

Some councils have delegated the decision to revoke the status of community land, after receiving the approval of the Minister. The intention of this amendment is to clarify that the decision to revoke the status of community should be made in full council as it is a significant decision affecting the status of community assets.

Section 48(1)(b)(i)—Prudential requirements for certain activities

Due to some confusion due to 'expenditure' being interpreted in a variety of ways, this amendment replaces the word 'expenditure' with 'operating expenses calculated on an accrual basis' in order to achieve greater clarity.

Section 50(4) – Public consultation policies

In line with this Bill's intention to update the Act to reflect society's progression to the internet, this amendment requires publication of a council's public consultation policy on a website determined by the chief executive officer.

Section 50(6)(d)—Public consultation policies

In line with this Bill's intention to balance the high costs of advertising in State newspapers with the need to provide the requisite notice, this amendment removes the requirement for publishing changes to a council's public consultation policy in a State-wide newspaper.

Section 54(d)—Casual vacancies

In response to submissions that the current wording is unclear, this amendment clarifies the period of time after which a council member will be removed from office by the council on the ground that he or she has been absent from three for more consecutive ordinary council meetings, without leave of the council.

Section 62—General duties

The amendment to this provision is in relation to council members disclosing confidential information to external parties. This amendment clarifies that it is an offence for a council member and/or employee to knowingly disclose information or documents ordered to be kept confidential at a council or committee meeting, unless the release of such information is required or authorised by law, such as the provision of information to the Office of Public Integrity, the Ombudsman, a Minister or the Police.

The maximum penalty is $10,000 or 2 years imprisonment.

Section 68—Register of Interests

There is currently no mechanism available in the Act for withholding the address of a person from the public if circumstances warrant it. While accountability and transparency is integral to good governance, there are situations where someone may fear having their personal address disclosed; for example, a police officer. Accordingly, this amendment amends the provision so that a similar mechanism applies as that in relation to the Assessment Record, in that the chief executive officer may suppress the address if requested, or must if it's suppressed on the electoral roll. The intention is that this enables any personal safety concerns to be met.

Section 75B—Application of Division to members and meetings of committees and subsidiaries

This provision ensures that the conflict of interest provisions extend to committees and subsidiaries and members of committees and subsidiaries.

Section 76—Allowances

This amendment clarifies that council members who serve the full 4 year term are entitled to the full annual allowance in the last year before the election, despite different poll dates and different council meeting dates.

Section 85 – Quorum

This is a minor technical amendment to prevent duplication with equivalent provisions in the new Division 3—Conflicts of Interests section.

Section 92(5)(a)—Access to meetings and documents – code of practice

Currently, the adoption, alteration or substitution of a code of practice is required to only be in print. In line with this Bill's intention to update the Act to reflect society's progression to the internet, this amendment amends this provision to require publication of the adoption, alteration or substitution of a code of practice on a website determined by the chief executive officer.

Section 97—Vacancy in office

The current provision does not provide clarity for a council to deal with the withdrawal of a resignation of a chief executive officer. This amendment clarifies that the chief executive officer may withdraw a written resignation notice and that the council has the power to accept the withdrawal, if it so decides.

Section 110A—Duty to protect confidential information

This amendment is a recommendation of the former Ombudsman in his 2012 Confidentiality Audit. This amendment clarifies that a council employee or former employee must not disclose information or a document in relation to which there is an order requiring that it be treated confidentially, unless the release of such information is required or authorised by law, such as the provision of information to the Office of Public Integrity, the Ombudsman, a Minister or the Police. The maximum penalty is $10,000 or 2 years imprisonment. This provision mirrors the amendment to section 62 in relation to council members.

Section 122—Strategic management plans

This amendment clarifies that the forward projections in a council's long-term financial plan and its infrastructure and asset management plan must be consistent with each other.

Section 123(4)(a)—Annual business plans and budgets

This amendment requires publication of the notice on a website determined by the chief executive officer, consistent with other similar provisions in the Bill.

Section 123(5)—Annual business plans and budgets

This amendment requires that the draft annual business plan be made available on a website determined by the chief executive officer, consistent with other similar provisions in the Bill.

Section 123(9)(b)—Annual business plans and budgets

This amendment requires that the annual business plan and budget are also required to be made available on a website determined by the chief executive officer, consistent with other similar provisions in the Bill.

Section 126(4)(ad)—Audit committee

This is a minor technical amendment that deletes the provision, as Schedule 2, Part 1, Clause 13(2) clearly states that a subsidiary must establish an audit committee.

Section 169(1)—Objections to valuations made by council

This amendment intends to avoid the situation where an appeal is taken straight to SACAT without the Council having the opportunity to rectify the matter or get sufficient information to enable a correction if necessary. This only applies to valuations provided by valuers directly engaged by councils. Most councils use the services of the Valuer-General for this purpose. This amendment clarifies that a person is to first lodge an objection with the Council and only go to SACAT if it is unresolved. The intention is to achieve due process and a better resolution of complaints.

Section 174(2)—Inspection of assessment record

This amendment intends to meet privacy concerns and clarifies that the information accessed from the assessment record is not to be used for commercial purposes, with a maximum penalty of $10,000. It aims to protect property owners from real estate agents or other commercial entities accessing such information for commercial purposes.

Section 202(4)—Alienation of community land by lease or licence

This amendment aims to provide for leases of community land by community groups that involve significant infrastructure investment by increasing the term of the lease from 21 years to 42 years. It is intended that this will provide greater certainty for those community groups such as sporting clubs.

Section 219(7)—Power to assign a name, or change the name, of a or

This amendment achieves consistency by changing the publication requirements to that in the proposed amended public notice requirements in Section 4.

Section 237(3a)—Removal of vehicles

This amendment clarifies that a vehicle that is legally parked on a public road will not be taken to have been left on the road for the purposes of this section, unless an authorised person considers that it has been abandoned. The intention is that it be made clear that a car that is legally parked cannot be towed, impounded or sold by council unless it has been properly determined that it has been abandoned.

Section 237(4) – Removal of vehicles

This amendment arose from safety concerns due to vehicle owners attempting to access their impounded vehicles without contacting the council. Accordingly, this amendment removes the requirement to give notice of the place to which the vehicle was removed. The intent is that the prescribed form clearly provides a council contact name/number so the owner can contact that person for retrieval of the vehicle.

Section 270(a1)—Procedures for review of decisions and requests for services

This amendment is a minor technical amendment. The original intent was that the provision address procedures for review of decisions and requests for services, not 'or' as it currently states.

Section 271(5)-(8)—Mediation, conciliation and neutral evaluation

These amendments are minor technical amendments. The current provisions (in error) make no reference to conciliation/conciliator. The amendments correct the provisions to add 'conciliator' and 'conciliation' to be consistent with the title of the section.

Section 294(6)(a)—Power to enter and occupy land

This amendment clarifies the provision by removing the words 'of the curtilage' to avoid confusion about its definition and now states 'land that is within 500 metres of a house or dwelling'.

Section 299—Vegetation clearance on private land

This amendment repeals this provision as councils are reluctant to use this power to act on a request from a land owner for removal of vegetation on adjoining private land, due to liability concerns, and it is considered more appropriate that it be a private, civil matter. It brings private tree disputes in line with other private disputes, such as fences.

Schedule 2—Publication of charters of subsidiaries

Currently, a minor amendment to a charter of a subsidiary still requires that the charter be published in its entirety in the Gazette, which can involve high costs that are considered to be onerous, especially for small subsidiaries. This amendment amends the relevant clauses to require that a subsidiary must ensure that a notice of the charter is published in the Gazette and that a website address to the copy of the charter should be included in the notice. The intention is to achieve a balance between the high costs of publishing with the need to provide public notice.

Repeal of the Local Government Act 1934

Part XXV – Sewerage and drainage—Sections 528-531

It is proposed that these provisions be repealed as they are redundant due to the operation of the South Australian Public Health (Wastewater) Regulations 2013.

Part XXXIX—By-laws, model by-laws and regulations

It is proposed that these provision be repealed as they are obsolete due to Residential Tenancies (Rooming Houses) Regulations 1999, Residential Tenancies Act 1995, Fair Trading Act 1987, Development Act 1993, Passenger Transport Regulations 2009.

S667(1)(3)(XVI) Lodging Houses: repeal these provisions—obsolete.

S667(1)(3) (XX)-(LIV) Taxis: repeal these provisions—obsolete.

S667(1)(4) Nuisances: repeal these provisions—obsolete.

S667(1)(5) and (7) Animals in streets and roads: repeal these provisions—obsolete.

S667(2): repeal this provision—obsolete.

S668 Local Government Act 1999 applies: repeal.

Division III – s691 Regulations

Repeal as obsolete upon repeal of this Act.

Part XL – Legal Procedure

Repeal as obsolete due to section 144 of the 99 Act.

S692 – Recovery of amounts due to council: repeal.

S696 – Authentication of certain documents by the council: repeal upon repeal of the Act.

S698 – Representation of council before courts: repeal.

S699 – Reimbursement of officer: repeal.

S717 – Payment of fees etc to council: repeal.

Part XLI—Evidence

Inadvertently not included in the Local Government (Implementation)(Repeal of Certain Provisions) Proclamation 2007.

S743A – Evidentiary presumption: repeal.

Part XLII – Penalties

Obsolete upon repeal of the Act.

Ss789A-D: repeal.

S790 – Non-performance of provisions of this Act: repeal.

S791 – Penalty for Offence against this Act: repeal.

S794A – Expiation fees may be fixed: repeal.

Part XLVI – Miscellaneous Matters

S880 – Crown land under management of council for certain purposes: repeal.

S886BB – Coast protection at West Beach: repeal.

S888 – Application to Crown: repeal.

S889 – Delegation by Ministers: repeal.

S890 – Incorporation of standards etc: repeal.

City of Adelaide Act 1998: miscellaneous amendment

Section 24(9)—Elected Member Allowances

Currently, the City of Adelaide Act uses a different method for adjusting the relevant elected member allowances than the one in the Local Government Act. It is desirable that the method for adjusting allowances in the City of Adelaide Act be consistent with the Local Government Act.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Local Government Act 1999

4—Amendment of section 4—Interpretation

Definitions are inserted for the purposes of the measure.

5—Amendment of section 12—Composition and wards

The Electoral Commissioner's certificate for the purposes of the provision is to be published on a website determined by the chief executive officer of the relevant council (rather than on 'the Internet').

6—Amendment of section 44—Delegations

The power to determine allowances under Chapter 5 of the Act is deleted from the list of matters that a council may not delegate. The power to revoke the classification of land as community land under section 194 is added to the list.

7—Amendment of section 48—Prudential requirements for certain activities

Minor amendments are made to the provisions relating to prudential requirements for certain activities.

8—Amendment of section 50—Public consultation policies

In addition to the existing requirements, a council's public consultation policy must also provide for publication of notices on a website determined by the chief executive officer.

9—Amendment of section 54—Casual vacancies

A council member's office becomes vacant if the member is removed from office by the council on the ground that he or she has been absent, without leave of the council, from 3 or more consecutive ordinary meetings of the council.

10—Amendment of section 62—General duties

New subsection (4a) makes it an offence for a member or former member of a council to disclose information or a document, in relation to which there is an order of a council or council committee in effect under section 90 requiring the information or document to be treated confidentially. The maximum penalty is a fine of $10,000 or imprisonment for 2 years. New subsection (4b) provides for an exception if the disclosure of information or the document is required or authorised by law.

11—Substitution of section 67

Section 67 is substituted:

67—Form and content of returns

The substituted section makes it an offence to fail to notify the chief executive officer of a change or variation in the information appearing on the Register in respect of a council member or a person related to the member (within the meaning of Schedule 3) within 1 month of the change or variation. The maximum penalty is a fine of $10,000. Subsection (2) provides for a defence to a charge of the offence.

12—Amendment of section 68—Register of Interests

New subsection (4) authorises the chief executive officer to suppress certain addresses from publication on the Register.

13—Amendment of section 70—Inspection of Register

Certain details on the Register must be published on a website determined by the chief executive officer of a council.

The deletion of subsection (3) would enable members of the public to inspect or obtain a copy of the Register without having to submit a written application. The deletion of subsection (4) is consequential.

14—Substitution of Chapter 5 Part 4 Division 3

The provisions relating to conflicts of interest of council members in Chapter 5 Part 4 Division 3 are substituted:

Division 3—Conflicts of interest

Subdivision 1—Material conflicts of interest

73—Material conflicts of interest

This section sets out where a member has a material conflict of interest.

74—Dealing with material conflicts of interest

This section provides for how members must deal with material conflicts of interest. Relevantly, the member must declare the interest and leave (and stay out of) the meeting room while the matter involving the interest is being discussed and voted on. Provision is made for the Minister to grant approvals for members to be involved in matters where they have a material conflicts of interest in certain circumstances.

Subdivision 2—Actual and perceived conflicts of interest

75—Actual and perceived conflicts of interest

This section sets out the meaning of conflicts of interest for the purposes of the Subdivision.

75A—Dealing with actual and perceived conflicts of interest

This section provides that members must deal with actual and perceived conflicts of interest in a transparent and accountable way.

Subdivision 3—Other matters

75B—Application of Division to members and meetings of committees and subsidiaries

Section 75B replicates existing section 75 for the purposes of extending the application of the Division to members and meetings of committees and subsidiaries.

15—Amendment of section 76—Allowances

Subsection (8) is amended to provide that allowances will be payable for a period that aligns with the term of a member of a council (as provided for in section 53 of the Act). The other amendment is a related amendment.

16—Amendment of section 85—Quorum

This amendment is consequential on the substitution of Chapter 5 Part 4 Division 3.

17—Amendment of section 90—Meetings to be held in public except in special circumstances

Subsection (4) is amended to specify that, in considering whether to make an order under subsection (2) (being an order that a matter be discussed in confidence), it is irrelevant that discussion of a matter in public may involve discussion of a matter that is controversial within the council area or the State or make the council susceptible to adverse criticism.

Further details are required to be noted in the minutes of a meeting relating to any order made under subsection (2).

The other amendments require a council to adopt a policy setting out requirements relating to the holding of informal gatherings and discussions.

18—Amendment of section 91—Minutes and release of documents

Limitations are placed on the power of a council to extend the duration of an order to keep council minutes and other documents (or parts of minutes or documents) confidential.

19—Amendment of section 92—Access to meetings and documents—code of practice

A code and any alterations must be published on a website determined by the chief executive officer.

20—Amendment of section 97—Vacancy in office

The amendments allow a chief executive officer of a council who resigns to withdraw the resignation by notice in writing to the council, provided that the withdrawal occurs before the date that the resignation takes effect and the council accepts the withdrawal.

21—Insertion of section 110A

Section 110A is inserted:

110A—Duty to protect confidential information

New section 110A makes is an offence for an employee or former employee of a council to disclose information or a document in relation to which there is an order of a council or council committee in effect under section 90 requiring the information or document to be treated confidentially. The maximum penalty is a fine of $10,000 or imprisonment for 2 years. An exception is provided for where the disclosure of information or the document is required or authorised by law.

22—Amendment of section 122—Strategic management plans

The first amendment provides that financial projections in a long-term financial plan adopted by a council must be consistent with those in the infrastructure and asset management plan adopted by the council. Another amendment clarifies that the requirement to adopt processes to ensure that members of the public are given a reasonable opportunity to be involved in the development and review of a council's strategic management plans does not limit the general power of a council to amend its strategic plans or adopt new plans.

23—Amendment of section 123—Annual business plans and budgets

These amendments relate to the publication of plans and budgets on a website determined by the chief executive officer (including electronic copies of the annual business plan).

24—Amendment of section 126—Audit committee

One of the functions of a council audit committee (performing the functions that would have been required to be performed by a subsidiary's audit committee if the subsidiary had not obtained an exemption from the requirement to have an audit committee) is repealed.

25—Amendment of section 132—Access to documents

The first amendment provides that certain documents must be published on a website determined by the chief executive officer of the relevant council (rather than on 'the Internet'). The other amendment clarifies that subsection (3) requires that documents no longer subject to a confidentiality order under section 91 of the Act (which, as a result, automatically become available for inspection under section 91) also be published on the website by the council.

26—Amendment of section 155—Service rates and service charges

Section 155(5a) is amended for technical reasons so that the reference to ESCOSA fixing a price for a prescribed service under another Act is altered to be a reference to ESCOSA regulating prices, conditions relating to prices, and price-fixing factors for a prescribed service.

27—Amendment of section 169—Objections to valuations made by council

In 2014, Parliament passed legislation to give certain review functions under the section previously performed by the Administrative and Disciplinary Division of the District Court to the South Australian Civil and Administrative Tribunal (SACAT). The section is now amended to align the review provisions with those in the Valuation of Land Act 1971.

28—Amendment of section 174—Inspection of assessment record

The amendment makes it an offence for a person who inspects the assessment record or obtains a copy of an entry made in the assessment record under the section to use the information so obtained for advertising or marketing activities for commercial purposes. The maximum penalty is a fine of $10,000.

29—Amendment of section 202—Alienation of community land by lease or licence

The term of a lease or licence is amended to 42 years (from 21 years).

30—Amendment of section 219—Power to assign a name, or change the name, of a road or public place

Notice of the adoption or alteration of a policy must be published in the Gazette, a newspaper circulating within the area of the relevant council and on a website determined by the chief executive officer.

31—Insertion of section 234A

The power to prohibit traffic or close streets or roads, currently in the Local Government Act 1934 (the 1934 Act) is inserted into the Act with certain variations:

234A—Prohibition of traffic or closure of streets or roads

New section 234A is similar to section 359 of the 1934 Act. However, new section 234A includes limitations on the power to prohibit traffic or close streets or roads. In particular, a prohibition or closure relating to a road under new section 234A may only operate for a 30 day period.

32—Amendment of section 237—Removal of vehicles

Subsection (3) is amended to allow the regulations to prescribe variations to the application of subsections (1) and (2) in prescribed circumstances.

New subsection (3a) is inserted to clarify that the authorised person proposing to place a notice under subsection (1) on a vehicle that is lawfully parked or left standing on a public road cannot do so unless the vehicle has, in his or her opinion, been abandoned.

33—Amendment of section 246—Power to make by-laws

Section 246 is amended to insert the general power (currently in the 1934 Act) of a council to make by-laws for the good rule and government of the area, and for the convenience, comfort and safety of the community.

34—Amendment of section 264—Complaint lodged in District Court

One amendment limits the ability to lodge a complaint against a member of the council in the District Court to a person authorised in writing by the Minister or the council, or the chief executive officer of a council (currently, complaints may be lodged by a public official (after an investigation of the matter by the Ombudsman) or by a person in receipt of an approval to do so). Another amendment reflects the fact that the Independent Commissioner Against Corruption is authorised to investigate complaints against council members. The other amendments are consequential.

35—Amendment of section 265—Hearing by District Court

This amendment reflects the fact that the Independent Commissioner Against Corruption is authorised to investigate complaints against council members.

36—Amendment of section 270—Procedures for review of decisions and requests for services

This is a technical amendment.

37—Amendment of section 271—Mediation, conciliation and neutral evaluation

These are technical amendments.

38—Amendment of section 294—Power to enter and occupy land in connection with an activity

A minor amendment is made to the power to enter and occupy land in connection with an activity.

39—Repeal of section 299

The provision relating to the powers of a council to clear vegetation under section 299 is repealed.

40—Amendment of Schedule 2—Provisions applicable to subsidiaries

Minor amendments relating to the publication of certain matters by subsidiaries are made.

Schedule 1—Related amendment, repeal and transitional provisions

Part 1—Related amendment to City of Adelaide Act 1998

1—Amendment of section 24—Allowances

The section is amended to retain consistency with section 76 of the Local Government Act 1999.

Part 2—Repeal of Local Government Act 1934

The Local Government Act 1934 is repealed.

Part 3—Transitional provisions

Division 1—Transitional provisions related to repeal of Local Government Act 1934

Transitional provisions connected to the repeal of the Local Government Act 1934 are provided for.

Division 2—Transitional provision related to objections to valuations

The clause provides for transitional matters related to the amendments to section 169 of the principal Act connected with the jurisdiction given to SACAT.

Debate adjourned on motion of Mr Gardner.

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