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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2021-06-10 Daily Xml
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Statutes Amendment (Local Government Review) Bill

Final Stages

The Legislative Council agreed not to insist on its amendments Nos 15 and 16 and agreed to the amendments made by the House of Assembly in lieu thereof with the amendments indicated by the following schedule:

House of Assembly's Amendment—

Clause 129, page 73, after line 41 [clause 129, inserted section 262S]—After subsection (1) insert:

(1a) If the person primarily affected by the behaviour the subject of a complaint is an employee of a council, the Panel must, before refusing to deal with, or determining to take no further action on, the complaint, consider any submissions received from a registered industrial association representing the employee.

Legislative Council's Amendment thereto

After 'behaviour' insert 'that is'; and

Leave out 'consider any submissions received from a registered industrial association representing the employee' and insert 'invite and recognise submissions from a registered industrial association that represents the interests of council employees.'

House of Assembly's Amendment—

Clause 129, page 74, after line 14 [clause 129, inserted section 262T]—After subsection (2) insert:

(3) In addition, the Panel must ensure that, during an inquiry relating to a complaint where the person primarily affected by the behaviour the subject of the complaint is an employee of a council, any registered industrial association representing the employee in the matter is given a reasonable opportunity to make submissions relating to the inquiry.

Legislative Council's Amendment thereto

After 'behaviour' insert 'that is'; and

Leave out 'a reasonable' and insert 'an'

House of Assembly's Amendment—

Clause 129, page 76, after line 5 [clause 129, inserted section 262W]—After subsection (1) insert:

(1a) If the person primarily affected by the behaviour the subject of a complaint referred to the Panel under this Subdivision is an employee of a council, the Panel must, before determining whether or not to take action under this section, ensure that any registered industrial association representing the employee is given a reasonable opportunity to make submissions on the matter.

Legislative Council's Amendment thereto

After 'behaviour' insert 'that is'; and

Leave out 'a reasonable' and insert 'an'

House of Assembly's Amendment—

Clause 129, page 76, after line 40 [clause 129, inserted section 262X]—After subsection (2) insert:

(2a) If a report under subsection (1) relates to a complaint where the person primarily affected by the behaviour the subject of the complaint is an employee of a council, the Panel must provide the report to any registered industrial association representing the employee.

(2b) The Panel may, in providing a report to a registered industrial association under subsection (2a), require the registered industrial association to ensure that the whole or a specified part of the report is not disclosed to any other person or otherwise published.

(2c) A registered industrial association that contravenes or fails to comply with a requirement under subsection (2b) is guilty of an offence.

Maximum penalty: $10,000.

Legislative Council's Amendment thereto

After 'behaviour' insert 'that is'

Consideration in committee.

The Hon. V.A. CHAPMAN: I move:

That the amendments of the Legislative Council to the amendments made in the House of Assembly to amendments Nos 15 and 16 of the Legislative Council be agreed to.

I indicate my appreciation to all the parties that have been involved in the development of the bill. In particular, I acknowledge the Local Government Association for their hard work in supporting councils to develop and advocate for very significant reforms in this bill. I am pleased that it is now coming to that conclusion.

I acknowledge that some amendments have been made in the Legislative Council to our consideration. We accept those as well, as they will be minor in the scheme of things. The importance of the reforms takes precedence for the government in concluding our position on this matter. Given the extraordinary amount of work that has gone back and forth to advisers of the opposition and representatives on their side, I want to record people such as Annabel Wilkins in my office, who has been involved in this for a long time, trying to support, along with the direct advice of Alex Hart from the department, a long gestation period. I am very pleased for them that this is now culminating in a conclusion of this reform.

I wish that those in local government, whether they are elected members or employees of councils, are able with these reforms to undertake their work efficiently and diligently for the benefit of the people of South Australia.

Motion carried.

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