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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-07-02 Daily Xml
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BURNSIDE CITY COUNCIL

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy) (14:22): I seek leave to make a ministerial statement about Burnside council.

Leave granted.

The Hon. G.E. GAGO: I have previously informed this chamber of my concerns regarding conduct of the affairs of Burnside council and its ability to represent the interests of its community. As a result, I directed my agency to make preliminary inquiries into Burnside council in order to provide me with advice regarding whether there might be any grounds for a formal investigation under the Local Government Act 1999.

My officers have now met with most elected officers and several senior staff members. These inquiries have raised allegations of serious concern, including: a high level of apparently intractable conflict between various people at the council; a high level of dissatisfaction with the impact that this friction appears to be having on the decision-making processes; apparent irreconcilable differences between elected members and staff; and bullying and harassment.

As such, I have reason to believe that a formal independent investigation may be warranted, using my powers under section 272 of the Local Government Act 1999. I am now required, under that act, to give the council reasonable opportunity to explain its actions and to make submissions to me. This is an important step, and a legal requirement of the act, before I can determine the appointment of an independent investigator.

As members know, under section 272 of the Local Government Act 1999, the minister may appoint an investigator or investigators to carry out an investigation of the council if the minister has reason to believe:

that a council has contravened or failed to comply with the provision of this or another act; or

that a council has failed to discharge a responsibility under this or another act; or

that an irregularity has occurred in the conduct of the affairs of a council (in relation to matters arising under this or another act).

I should emphasise that I have not made this decision lightly but have taken into account the culmination of information provided to me and my officers that suggests there are serious concerns relating to several provisions of this act and, potentially, other acts.

I have today written to the council and advised it of my intention. Upon receiving a response from the council, I will further consider the options available to me in accordance with the act and will advise members of this chamber, as appropriate.

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