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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-06-08 Daily Xml
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Statutes Amendment (Local Government Review) Bill

Final Stages

The House of Assembly agreed to amendments Nos 1 to 14 and 17 to 26 made by the Legislative Council without any amendment; disagreed to amendments Nos 15 and 16; and made alternative amendments as indicated in the following schedule in lieu thereof:

No. 15. Clause 129, page 68, after line 38 [clause 129, inserted section 262F(3)]—After paragraph (c) insert:

and

(d) a member nominated by a registered industrial association that represents the interests of employees of councils specified by the Minister by notice in the Gazette.

No. 16. Clause 129, page 69, line 26 [clause 129, inserted section 262G(3)]—Delete 'unless the LGA consents to the making of the recommendation.' and substitute:

unless—

(a) in all cases—the LGA consents to the making of the recommendation; and

(b) in the case of a member appointed following nomination under section 262F(3)(d)—the registered industrial association that made the nomination consents to the making of the recommendation.

House of Assembly's Amendments in lieu thereof

Clause 129, page 69, after line 10 [clause 129, inserted section 262F(5)]—After paragraph (c) insert:

(ca) industrial relations;

Clause 129, page 69, after line 12 [clause 129, inserted section 262F]—After subsection (5) insert:

(6) In addition, before nominating a person for appointment as a member of the Panel, the Minister (in the case of the presiding member or the member nominated by the Minister) or the LGA (in the case of the member nominated by the LGA) must ensure that a registered industrial association that represents the interests of employees of councils specified by the Minister by notice in the Gazette is consulted on the proposed nomination.

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.

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.

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.

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.


At 17:25 the council adjourned until Wednesday 9 June 2021 at 14:15.


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