South Australia
Statutes Amendment (Local Government Review) Bill 2021
A Bill For
An Act to amend the Local Government Act 1999, the Local Government (Elections) Act 1999, the City of Adelaide Act 1998 and to amend various other Acts related to the review of the system of local government in South Australia.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Local Government Act 1999
4	Amendment of section 3—Objects
5	Amendment of section 4—Interpretation
6	Amendment of section 7—Functions of council
7	Amendment of section 8—Principles to be observed by council
8	Insertion of section 11A
11A	Number of members
9	Amendment of section 12—Composition and wards
10	Amendment of section 13—Status of council or change of various names
11	Amendment of section 26—Principles
12	Amendment of section 44—Delegations
13	Amendment of section 45—Principal office
14	Amendment of section 48—Prudential requirements for certain activities
15	Amendment of section 49—Contracts and tenders policies
16	Substitution of Chapter 4 Part 5
Part 5—Community engagement
50	Community engagement charter
50A	Council community engagement policy
17	Amendment of section 51—Principal member of council
18	Amendment of section 54—Casual vacancies
19	Amendment of section 55—Specific requirements if member disqualified
20	Insertion of section 55A
55A	Leave of absence—council member contesting election
21	Amendment of section 58—Specific roles of principal member
22	Amendment of section 59—Roles of members of councils
23	Substitution of heading to Chapter 5 Part 4
24	Substitution of heading to Chapter 5 Part 4 Division 1
25	Insertion of Subdivision heading
26	Amendment of section 62—General duties
27	Repeal of section 63
28	Substitution of heading to Chapter 5 Part 4 Division 2
29	Amendment of Chapter 5 Part 4 Division 2
30	Amendment of section 64—Interpretation
31	Amendment of section 67—Form and content of returns
32	Amendment of section 68—Register of Interests
33	Amendment of section 69—Provision of false information
34	Amendment of section 70—Publication of Register
35	Amendment of section 71—Restrictions on publication
36	Insertion of Chapter 5 Part 4 Division 1 Subdivision 3
Subdivision 3—Gifts and benefits
72A	Register of gifts and benefits
37	Substitution of Chapter 5 Part 4 Division 3
Subdivision 4—Conflicts of interest
73	Preliminary
74	General conflicts of interest
75	Material conflicts of interest
75A	Exemptions and other matters
75B	Dealing with general conflicts of interest
75C	Dealing with material conflicts of interest
75D	Application of Subdivision to members and meetings of committees and subsidiaries
38	Insertion of Chapter 5 Part 4 Division 2
Division 2—Member behaviour
75E	Behavioural standards
75F	Council behavioural support policies
Division 3—Health and safety duties
75G	Health and safety duties
39	Amendment of section 76—Allowances
40	Amendment of section 77—Reimbursement of expenses
41	Repeal of section 78A
42	Amendment of section 79—Register of allowances and benefits
43	Amendment of section 80A—Training and development
44	Insertion of Chapter 5 Part 7
Part 7—Other matters
80B	Suspension—member of council subject to intervention order
45	Amendment of section 83—Notice of ordinary or special meetings
46	Amendment of section 84—Public notice of council meetings
47	Amendment of section 85—Quorum
48	Amendment of section 86—Procedure at meetings
49	Amendment of section 87—Calling and timing of committee meetings
50	Amendment of section 88—Public notice of committee meetings
51	Amendment of section 90—Meetings to be held in public except in special circumstances
52	Insertion of section 90A—Information or briefing sessions
90A	Information or briefing sessions
53	Amendment of section 91—Minutes and release of documents
54	Amendment of section 92—Access to meetings and documents—code of practice
55	Amendment of section 93—Meetings of electors
56	Repeal of section 94A
57	Amendment of section 97—Vacancy in office
58	Amendment of section 98—Appointment procedures
59	Amendment of section 99—Role of chief executive officer
60	Insertion of section 99A
99A	Remuneration of chief executive officer
61	Insertion of section 102A
102A	Chief executive officer—performance review
62	Amendment of section 105—Register of remuneration, salaries and benefits
63	Amendment of section 107—General principles of human resource management
64	Substitution of heading to Chapter 7 Part 4
65	Substitution of heading to Chapter 7 Part 4 Division 1
66	Insertion of Subdivision heading
67	Amendment of section 108—Interpretation
68	Amendment of section 109—General duty and compliance
69	Repeal of section 110
70	Amendment of section 110A—Duty to protect confidential information
71	Substitution of heading to Chapter 7 Part 4 Division 2
72	Amendment of Chapter 7 Part 4 Division 2
73	Amendment of section 117—Provision of false information
74	Amendment of section 119—Restrictions on disclosure
75	Insertion of Chapter 7 Part 4 Division 1 Subdivision 2A
Subdivision 2A—Gifts and benefits
119A	Register of gifts and benefits
76	Substitution of heading to Chapter 7 Part 4 Division 3
77	Amendment of section 120—Conflict of interest
78	Insertion of Chapter 7 Part 4 Division 2
Division 2—Employee behaviour
120A	Behavioural standards
79	Amendment of section 122—Strategic management plans
80	Amendment of section 123—Annual business plans and budgets
81	Amendment of heading to Chapter 8 Part 3 Division 2
82	Amendment of section 125—Internal control policies
83	Insertion of section 125A
125A	Internal audit functions
84	Amendment of section 126—Audit and risk committee
85	Insertion of section 126A
126A	Regional audit and risk committee
86	Amendment of section 127—Financial statements
87	Amendment of section 128—Auditor
88	Amendment of section 129—Conduct of audit
89	Amendment of section 130A—Other investigations
90	Amendment of section 131—Annual report to be prepared and adopted
91	Insertion of section 131A
131A	Provision of information to Minister
92	Amendment of section 132—Access to documents
93	Amendment of section 147—Rateability of land
94	Amendment of section 151—Basis of rating
95	Amendment of section 153—Declaration of general rate (including differential general rates)
96	Amendment of section 156—Basis of differential rates
97	Substitution of section 170
170	Notice of declaration of rates
98	Amendment of section 181—Payment of rates—general principles
99	Amendment of section 184—Sale of land for non‑payment of rates
100	Amendment of section 188—Fees and charges
101	Amendment of section 193—Classification
102	Amendment of section 194—Revocation of classification of land as community land
103	Amendment of section 197—Public consultation on proposed management plan
104	Amendment of section 202—Alienation of community land by lease or licence
105	Amendment of section 207—Register
106	Amendment of section 219—Power to assign name, or change name, of road or public place
107	Amendment of section 221—Alteration of road
108	Amendment of section 222—Permits for business purposes
109	Amendment of section 223—Public consultation
110	Amendment of section 224—Conditions of authorisation or permit
111	Repeal of section 224A
112	Amendment of section 225—Cancellation of authorisation or permit
113	Repeal of section 225A
114	Repeal of section 225B
115	Amendment of section 226—Moveable signs
116	Amendment of section 231—Register
117	Amendment of section 232—Trees
118	Amendment of section 234AA—Interaction with processes associated with development authorisations
119	Amendment of section 234A—Prohibition of traffic or closure of streets or roads
120	Amendment of section 237—Removal of vehicles
121	Amendment of section 246—Power to make by-laws
122	Amendment of section 249—Passing by-laws
123	Amendment of section 250—Model by-laws
124	Amendment of section 252—Register of by-laws and certified copies
125	Amendment of section 259—Councils to develop policies
126	Insertion of Chapter 13 Part A1
Part A1—Member behaviour
Division 1—Council to deal with member behaviour
262A	Complaints
262B	Behavioural management policy
262C	Action
262D	Reasons
Division 2—Behavioural standards panel
Subdivision 1—Preliminary
262E	Preliminary
Subdivision 2—Behavioural standards panel
262F	Establishment and constitution
262G	Conditions of membership
262H	Acting member
262I	Meetings of Panel
262J	Remuneration and expenses
262K	Staff
262L	Validity of acts of Panel
262M	Costs
262N	Functions
262O	Delegation
262P	Annual report
Subdivision 3—Inquiries and action on complaints referred to Panel
262Q	Referral
262R	Proceedings of Panel
262S	Assessment
262T	Inquiries
262U	Powers relating to inquiries
262V	Dispute resolution
262W	Action
262X	Reports on inquiries
127	Amendment of heading to Chapter 13 Part 1
128	Repeal of section 263
129	Amendment of section 263A—Investigations by Ombudsman
130	Amendment of section 263B—Outcome of Ombudsman investigation
131	Amendment of section 264—Complaint lodged with SACAT
132	Amendment of section 265—Hearing by SACAT
133	Amendment of section 267—Outcome of proceedings
134	Repeal of section 269
135	Amendment of section 270—Procedures for review of decisions and requests for services
136	Amendment of section 273—Action on report
137	Amendment of section 279—Service of documents by councils etc
138	Amendment of section 280—Service of documents on councils
139	Amendment of section 303—Regulations
140	Amendment of Schedule 1A—Implementation of Stormwater Management Agreement
141	Amendment of Schedule 2—Provisions applicable to subsidiaries
142	Amendment of Schedule 3—Register of Interests—Form of returns
143	Amendment of Schedule 4—Material to be included in annual report of council
144	Amendment of Schedule 5—Documents to be made available by councils
145	Amendment of Schedule 8—Provisions relating to specific land
146	Insertion of Schedule 9
Schedule 9—Suspension of members
1	Suspension of members
147	Transitional provisions
Part 3—Amendment of Local Government (Elections) Act 1999
148	Amendment of section 4—Preliminary
149	Substitution of section 5
5	Periodic elections
150	Amendment of section 6—Supplementary elections
151	Insertion of section 6A
6A	Filling vacancy in certain circumstances
152	Amendment of section 7—Failure of election in certain cases
153	Amendment of section 8—Failure or avoidance of supplementary election
154	Amendment of section 9—Council may hold polls
155	Amendment of section 13A—Information, education and publicity for general election
156	Amendment of section 15—Voters roll
157	Amendment of section 17—Entitlement to stand for election
158	Amendment of section 19A—Publication of candidate profiles
159	Substitution of section 21
21	Publication etc of valid nominations
160	Amendment of section 25—Uncontested elections
161	Amendment of section 27—Publication of electoral material
162	Amendment of section 28—Publication of misleading material
163	Amendment of section 29—Ballot papers
164	Amendment of section 31—Special arrangements for issue of voting papers
165	Amendment of section 35—Special arrangements for issue of voting papers
166	Substitution of heading to Part 9
167	Amendment of section 37—Postal voting to be used
168	Amendment of section 38—Notice of use of postal voting
169	Amendment of section 39—Issue of postal voting papers
170	Insertion of section 41A
41A	Assisted voting
171	Amendment of section 43—Issue of fresh postal voting papers
172	Amendment of section 47—Arranging postal papers
173	Amendment of section 48—Method of counting and provisional declarations
174	Amendment of section 55A—Filling vacancy if successful candidate dies
175	Amendment of section 57—Violence, intimidation, bribery etc
176	Insertion of section 69A
69A	Electoral Commissioner may lodge petition
177	Amendment of section 70—Procedure upon petition
178	Amendment of section 73—Illegal practices and orders that may be made
179	Substitution of section 80
80	Returns for candidates
180	Amendment of section 81—Campaign donations returns
181	Insertion of sections 81A and 81B
81A	Large gifts returns
81B	Disclosure period etc for returns
182	Amendment of section 82—Certain gifts not to be received
183	Amendment of section 83—Inability to complete return
184	Amendment of section 84—Amendment of return
185	Amendment of section 86—Failure to comply with Division
186	Amendment of section 87—Public inspection of returns
187	Amendment of section 89—Requirement to keep proper records
188	Amendment of section 91A—Conduct of council during election period
189	Amendment of section 93—Regulations
Part 4—Amendment of City of Adelaide Act 1998
190	Amendment of section 4—Interpretation
191	Amendment of section 20—Constitution of Council
192	Amendment of section 21—Lord Mayor
193	Amendment of section 22—Members
194	Amendment of section 24—Allowances
195	Amendment of section 27—Role of chief executive officer
196	Amendment of Schedule 1—Special provisions for elections and polls
Part 5—Amendment of Crown Land Management Act 2009
197	Insertion of section 20A
20A	Revocation of dedicated land classified as community land
Part 6—Amendment of Equal Opportunity Act 1984
198	Amendment of section 87—Sexual harassment
Part 7—Amendment of Independent Commissioner Against Corruption Act 2012
199	Amendment of section 5—Corruption, misconduct and maladministration
Part 8—Amendment of Planning, Development and Infrastructure Act 2016
200	Amendment of section 83—Panels established by joint planning boards or councils
201	Amendment of section 84—Panels established by Minister
Part 9—Amendment of Public Finance and Audit Act 1987
202	Amendment of section 4—Interpretation
203	Amendment of section 30—Obligation to assist Auditor-General
204	Amendment of section 32—Audit etc of publicly funded bodies and projects and local government indemnity schemes
205	Amendment of section 34—Powers of Auditor-General to obtain information
206	Amendment of section 36—Auditor-General's annual report
Part 10—Amendment of South Australian Local Government Grants Commission Act 1992
207	Amendment of section 19—Information to be supplied to Commission

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Statutes Amendment (Local Government Review) Act 2021.
2—Commencement
	(1)	This Act comes into operation on a day to be fixed by proclamation.
	(2)	Section 7(5) of the Acts Interpretation Act 1915 does not apply to this Act.
3—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Local Government Act 1999
4—Amendment of section 3—Objects
Section 3(f)—after "communities" insert:
and to provide for appropriate financial contributions by ratepayers to those services and facilities
5—Amendment of section 4—Interpretation
	(1)	Section 4(1)—after the definition of authorised person insert:
behavioural management policy—see section 262B(1);
behavioural standards means the standards of behaviour to be observed by members of councils published under Chapter 5 Part 4 Division 2;
Behavioural Standards Panel or Panel means the Behavioural Standards Panel established under Chapter 13 Part A1 Division 2;
behavioural support policy—see section 75F(1);
	(2)	Section 4(1), definition of Commission—delete the definition and substitute:
Commission or South Australian Local Government Boundaries Commission means the South Australian Local Government Grants Commission established under the South Australian Local Government Grants Commission Act 1992;
	(3)	Section 4(1)—after the definition of Commission insert:
community engagement charter—see Chapter 4 Part 5;
community engagement policy—see Chapter 4 Part 5;
	(4)	Section 4(1)—after the definition of independent living units insert:
integrity provision means—
	(a)	in relation to members of councils—a provision of Chapter 5 Part 4 Division 1; or
	(b)	in relation to employees of councils—a provision of Chapter 7 Part 4 Division 1;
	(5)	Section 4(1), definition of public consultation policies—delete the definition
	(6)	Section 4(1)—after the definition of regional subsidiary insert:
registered industrial association means an industrial association or organisation registered under a law of the State or of the Commonwealth;
	(7)	Section 4(1), definition of relative—delete the definition and substitute:
relative of a person means—
	(a)	the spouse or domestic partner; or
	(b)	a parent, step parent or remoter lineal ancestor; or
	(c)	a child, step child or remoter descendant; or
	(d)	a sibling or step sibling; or
	(e)	any member of the person's family who resides in the person's household;
	(8)	Section 4(1)—after the definition of relative insert:
relevant audit and risk committee means—
	(a)	in relation to a council that has, with 1 or more other councils, established a regional audit and risk committee—the regional audit and risk committee; or
	(b)	in relation to any other council—the council audit and risk committee;
	(9)	Section 4(1), definition of site value—delete the definition
	(10)	Section 4—before subsection (1aa) insert:
	(1aaa)	For the purposes of this Act, public consultation is undertaken if consultation is conducted in accordance with the relevant provisions of the community engagement charter and community engagement policy (if applicable).
	(11)	Section 4(1aa)(a)(ii)(B)—delete "; and" and substitute:
; or
	(12)	Section 4(1aa)(b)—delete paragraph (b) and substitute:
	(b)	if the community engagement charter provides for the giving of public notice under this Act—notice is published in accordance with the community engagement charter.
6—Amendment of section 7—Functions of council
	(1)	Section 7(b)—delete "(including general public services or facilities (including electricity, gas and water services, and waste collection, control or disposal services or facilities), health, welfare or community services or facilities, and cultural or recreational services or facilities)"
	(2)	Section 7—after paragraph (b) insert:
	(ba)	to determine the appropriate financial contribution to be made by ratepayers to the resources of the council;
7—Amendment of section 8—Principles to be observed by council
	(1)	Section 8(ea)—delete "and form partnerships" and substitute:
, form partnerships and share resources
	(2)	Section 8(h)—after "efficiently" insert:
and council services, facilities and programs are provided effectively and efficiently
	(3)	Section 8—after paragraph (i) insert:
	(ia)	seek to balance the provision of services, facilities and programs with the financial impact of the provision of those services, facilities and programs on ratepayers;
8—Insertion of section 11A
Before section 12 insert:
11A—Number of members
	(1)	Despite any other provision of this Chapter, a council must not be comprised of more than 13 members, unless the council is granted an exemption certificate under section 12(11b) in connection with its most recent representation review.
	(2)	Subsection (1) applies to a council from—
	(a)	in the case of a council that commences a representation review in accordance with section 12 after the commencement of subsection (1) and completes the review before 1 January 2022—polling day for the periodic election next due to be held after the commencement of subsection (1); or
	(b)	in any other case—polling day for the second periodic election due to be held after the commencement of subsection (1).
	(3)	A reference to completing a review under subsection (2)(a) includes (if relevant) publishing any notice or notices in the Gazette under section 12(15)(b) in relation to the review.
9—Amendment of section 12—Composition and wards
	(1)	Section 12(5) to (10)—delete subsections (5) to (10) (inclusive) and substitute:
	(5)	A council must, in order to commence a review, initiate the preparation of a report (a representation report) by a person who, in the opinion of the council, is qualified to address the representation and governance issues that may arise with respect to the matters under review.
	(6)	The representation report must—
	(a)	examine the advantages and disadvantages of various options that are available to the council under subsection (1) (insofar as the various features of the composition and structure of the council are under review) and, in particular (to the extent that may be relevant)—
	(i)	examine the question of whether the number of members should be reduced; and
	(ii)	if the area of the council is divided into wards, examine the question of whether the division of the area into wards should be abolished; and
	(b)	set out any proposal that the council considers should be carried into effect under this section; and
	(c)	in respect of any such proposal—include an analysis of how the proposal relates to the principles under section 26(1)(c) and the matters referred to in section 33 (to the extent that may be relevant); and
	(d)	examine such other relevant issues as the council or the person preparing the report thinks fit.
	(7)	The council must undertake public consultation on the representation report.
	(2)	Section 12(11a) to (11d)—delete subsections (11a) to (11d) (inclusive) and substitute:
	(11a)	If—
	(a)	the report proposes that the composition of the council be altered so that it is constituted of more than the number of members that a council may be comprised of under section 11A(1) (the member cap); or
	(b)	the council is constituted of a number of members that exceeds the member cap and the report does not propose an alteration in the composition of the council so that it is constituted of a number of members equal to or less than the member cap,
the report must be referred to the Electoral Commissioner.
	(11b)	On receipt of a report, the Electoral Commissioner must give the council a certificate authorising the referral of the report under subsection (12) (an exemption certificate), unless the Electoral Commissioner considers that exceptional circumstances exist that justify a refusal to give an exemption certificate to the council.
	(11c)	In subsection (11b)—
exceptional circumstances means circumstances where the report does not—
	(a)	examine the matters referred to in subsection (6)(a); or
	(b)	set out the reasons for the council being constituted in a manner referred to in subsection (11a)(a) or (b).
	(11d)	If the Electoral Commissioner refuses to give an exemption certificate under subsection (11b), the Electoral Commissioner must refer the matter back to the council and must provide written reasons to the council for the refusal.
	(11e)	If the matter is referred back to the council under subsection (11d), the council—
	(a)	must take such action as is necessary (including by altering the report) so that the report proposes an alteration in the composition of the council so that it is constituted of a number of members equal to or less than the member cap; and
	(b)	must comply with the requirements of subsection (7) in relation to the report (as if the report (as altered) constitutes a new report); and
	(c)	must then refer the report to the Electoral Commissioner under subsection (12).
	(3)	Section 12(12)—delete ", taking into account the operation of the preceding subsection,"
	(4)	Section 12(12)—after "Commissioner" insert:
(and, if relevant, provide with the report a copy of an exemption certificate given to the council)
	(5)	Section 12(12a)—delete subsection (12a) and substitute:
	(12a)	The report must, if written submissions are received as part of public consultation undertaken under subsection (7), include copies of any written submissions that relate to the subject‑matter of the proposal.
	(6)	Section 12(17)—delete "subsections (9) and (10)" and substitute:
subsection (7)
	(7)	Section 12(18a)—delete subsection (18a)
	(8)	Section 12(19)(b)—delete "by the Electoral Commissioner under subsection (13)(b)" and substitute:
under subsection (11d) or (13)(b)
10—Amendment of section 13—Status of council or change of various names
Section 13(2)(ba)—delete paragraph (ba)
11—Amendment of section 26—Principles
Section 26(1)—before "Commission" insert:
South Australian Local Government Boundaries
12—Amendment of section 44—Delegations
	(1)	Section 44(2)—after paragraph (b) insert:
	(ba)	to a joint planning board established under a planning agreement to which the council is a party; or
	(2)	Section 44(7) and (8)—delete subsections (7) and (8)
13—Amendment of section 45—Principal office
Section 45(3)—delete "consult with its local community in accordance with its public consultation policy" and substitute:
undertake public consultation
14—Amendment of section 48—Prudential requirements for certain activities
	(1)	Section 48(5)—delete subsection (5)
	(2)	Section 48(6)—delete "However, a council may take steps to prevent the disclosure of specific information" and substitute:
A council may take steps to prevent the disclosure of specific information in a report under subsection (1)
15—Amendment of section 49—Contracts and tenders policies
Section 49(4) and (5)—delete subsections (4) and (5)
16—Substitution of Chapter 4 Part 5
Chapter 4 Part 5—delete the Part and substitute:
Part 5—Community engagement
50—Community engagement charter
	(1)	The Minister may, by notice published in the Gazette and on a website determined by the Minister, establish a community engagement charter for the purposes of this Act.
	(2)	The following principles must be taken into account in relation to the charter:
	(a)	members of the community should have reasonable, timely, meaningful and ongoing opportunities to gain access to information about proposed decisions, activities and processes of councils and to participate in relevant processes;
	(b)	information about issues should be in plain language, readily accessible and in a form that facilitates community participation;
	(c)	participation methods should seek to foster and encourage constructive dialogue, discussion and debate in relation to proposed decisions, activities and processes of councils;
	(d)	participation methods should be appropriate having regard to the significance and likely impact of proposed decisions, activities and processes;
	(e)	insofar as is reasonable, communities should be provided with information about how community views have been taken into account and reasons for decisions or actions of councils.
	(3)	The charter—
	(a)	will relate to—
	(i)	community consultation and participation with respect to any decision, activity or process where compliance with the charter is required by this Act; and
	(ii)	any other circumstance where compliance with the charter is required by this Act; and
	(b)	may relate to any other circumstances, or provide for any other matter, determined by the Minister.
	(4)	The charter may—
	(a)	establish categories of statutory processes to which various parts of the charter will apply; and
	(b)	in relation to each category established under paragraph (a)—
	(i)	specify mandatory requirements; and
	(ii)	set out principles and performance outcomes that are to apply to the extent that mandatory requirements are not imposed; and
	(c)	in relation to performance outcomes under paragraph (b)(ii)—
	(i)	provide guidance on specific measures or techniques by which the outcomes may be achieved; and
	(ii)	set out measures to help evaluate whether, and to what degree, the outcomes have been achieved.
	(5)	The charter may—
	(a)	be of general or limited application; and
	(b)	vary in operation according to factors stated in the charter; and
	(c)	provide for, or for the granting by the Minister of, exemptions (conditional or unconditional) from specified provisions of the charter.
	(6)	The Minister may, by further notice published in the Gazette and on the website referred to in subsection (1), vary or substitute the charter.
	(7)	The Minister must, before establishing, varying or substituting the charter—
	(a)	consult with the LGA; and
	(b)	undertake such other consultation as the Minister thinks fit,
on the charter, variation or substitute charter (as the case may be).
	(8)	An entity to which the charter applies must—
	(a)	comply with any mandatory requirement that applies in a relevant case; and
	(b)	to the extent that paragraph (a) does not apply, have regard to, and seek to achieve, any principles or performance outcomes that apply in a relevant case.
	(9)	A notice published under subsection (1) or (6) may come into operation on the day on which it is published or on a later day or days specified in the notice.
	(10)	Sections 10 (other than subsection (1)) and 10A of the Subordinate Legislation Act 1978 apply to a notice published under subsection (1) or (6) (and a reference in those provisions to a regulation will be taken to be a reference to a notice published under subsection (1) or (6) (as the case requires)).
50A—Council community engagement policy
	(1)	A council must prepare and adopt a policy relating to community engagement for the purposes of this Act (a community engagement policy).
	(2)	The policy may—
	(a)	in relation to any decision, activity or process in respect of which the community engagement charter prescribes requirements, principles or performance outcomes applying to community consultation and participation (relating to the decision, activity or process), make additional provision (not inconsistent with the charter) specifying how the council will—
	(i)	comply with the requirements in a relevant case; or
	(ii)	seek to achieve the principles or performance outcomes in a relevant case; and
	(b)	in relation to any other decision, activity or process of the council, provide for community consultation and participation in relation to the decision, activity or process.
	(3)	The policy must be consistent with, and comply with any requirements specified by, the community engagement charter.
	(4)	The policy may—
	(a)	be of general or limited application; and
	(b)	vary in operation according to factors stated in the policy; and
	(c)	provide for, or for the granting by the council of, exemptions (conditional or unconditional) from specified provisions of the policy.
	(5)	A council may from time to time alter a community engagement policy, or substitute a new policy.
	(6)	Before a council—
	(a)	adopts a community engagement policy; or
	(b)	alters, or substitutes, a community engagement policy,
the council must undertake public consultation on the community engagement policy, alteration or substituted policy (as the case may be).
17—Amendment of section 51—Principal member of council
	(1)	Section 51(1) and (2)—delete subsections (1) and (2) and substitute:
	(1)	A council must be constituted on the basis that the principal member is to be appointed¹ or elected as a representative of the area as a whole (in which case the principal member is to be called a mayor).
	(2)	Section 51(3)—delete subsection (3) and substitute:
	(3)	If the council so resolves, there may also be a deputy mayor.
	(3)	Section 51(4)—delete "or deputy chairperson"
	(4)	Section 51(5)—delete "chairperson, deputy mayor or deputy chairperson" and substitute:
deputy mayor
	(5)	Section 51(6) and (7)—delete subsections (6) and (7) and substitute:
	(6)	In the absence of the mayor, a deputy mayor may act in the office of mayor.
	(7)	If the mayor is absent from official duties and there is no deputy mayor, or the deputy mayor is not available to act in the office of mayor, a member chosen by the council may act in the office of mayor during the relevant period.
18—Amendment of section 54—Casual vacancies
	(1)	Section 54(1)(g)—delete paragraph (g)
	(2)	Section 54(1)(k)—delete "a court order" and substitute:
an order of a court or SACAT
	(3)	Section 54(2a)(b)(ii)—delete subparagraph (ii) and substitute:
	(ii)	the conclusion of the election falls within 12 months before polling day for—
	(A)	a periodic election; or
	(B)	a general election (other than a periodic election) if the date of that polling day is known at the time of the occurrence of the vacancy.
	(4)	Section 54(4)—delete "Division 2 of Part 4 of this Chapter or"
19—Amendment of section 55—Specific requirements if member disqualified
	(1)	Section 55(a)—delete "62 or"
	(2)	Section 55(b)—delete "62" and substitute:
68, 80A, 80B
	(3)	Section 55, penalty provision—delete "$5 000" and substitute:
$15 000
20—Insertion of section 55A
After section 55 insert:
55A—Leave of absence—council member contesting election
	(1)	If a person holding office as a member of a council stands as a candidate for election as a member of the Parliament of the State, the member will be taken to have been granted leave of absence from the office of member of the council from the date on which nominations for the election close until the result of the election is publicly declared.
	(2)	Leave of absence under subsection (1) extends to all other offices held in the person's capacity as a member of the council or by virtue of being a member of the council.
	(3)	Subsection (1) does not apply if the nomination of a member of a council as a candidate for election is revoked (as a result of the member's withdrawal of their consent to stand as a candidate).
	(4)	Despite any other Act or law, or any determination of the Remuneration Tribunal, a member of a council who is taken to have been granted leave of absence in accordance with this section is not entitled to receive any allowance in respect of the member's office, or reimbursement of expenses that the member would otherwise be entitled to under this Act, for the period of leave.
	(5)	A person who is taken to have been granted leave of absence from the office of member of a council under this section must not, during the period of leave—
	(a)	use any facility, service or other form of support provided by the council to its members to assist the members in performing or discharging official functions and duties (not being a facility, service or form of support generally provided to members of the public by the council); or
	(b)	carry out any function or duty of the office of member of the council.
Maximum penalty: $15 000.
	(6)	The following provisions apply during the period of the leave of absence of a member of a council to whom this clause applies:
	(a)	the member is not required—
	(i)	to submit a return for the purposes of the Register of Interests in accordance with Chapter 5 Part 4 Division 1 Subdivision 2; or
	(ii)	if relevant, to notify the chief executive officer of a change or variation of a kind referred to in section 67(1),
provided that, on the cessation of the suspension, the member—
	(iii)	submits any return for the purposes of the Register of Interests that the member would, but for the suspension, have been required to submit in accordance with Chapter 5 Part 4 Division 1 Subdivision 2 during the period of suspension; and
	(iv)	notifies the chief executive officer of a change or variation of a kind referred to in section 67(1) of which the member would, but for the suspension, have been required to notify the chief executive officer under section 67(1) during the period of suspension;
	(b)	to avoid doubt, section 54(1)(d) does not apply to the member.
21—Amendment of section 58—Specific roles of principal member
	(1)	Section 58(1)—delete subsection (1) and substitute:
	(1)	Subject to this Act, the role of the principal member of a council as leader of the council is—
	(a)	to provide leadership and guidance to the council; and
	(b)	to lead the promotion of positive and constructive working relationships among members of the council; and
	(c)	to provide guidance to council members on the performance of their role, including on the exercise and performance of their official functions and duties; and
	(d)	to support council members' understanding of the separation of responsibilities between elected representatives and employees of the council; and
	(e)	to preside at meetings of the council; and
	(f)	to liaise with the chief executive officer between council meetings on the implementation of a decision of the council; and
	(g)	to act as the principal spokesperson of the council; and
	(h)	to exercise other functions of the council as the council determines; and
	(i)	to carry out the civic and ceremonial duties of the office of principal member.
	(2)	Section 58(2)—delete "Subsection (1)(c)" and substitute:
Subsection (1)(g)
22—Amendment of section 59—Roles of members of councils
	(1)	Section 59(1)(a)—delete paragraph (a) and substitute:
	(a)	as a member of the governing body of the council—
	(i)	to act with integrity; and
	(ii)	to ensure positive and constructive working relationships within the council; and
	(iii)	to recognise and support the role of the principal member under the Act; and
	(iv)	to develop skills relevant to the role of a member of the council and the functions of the council as a body; and
	(v)	to participate in the deliberations and activities of the council; and
	(vi)	to keep the council's objectives and policies under review to ensure that they are appropriate and effective; and
	(vii)	to keep the council's resource allocation, expenditure and activities, and the efficiency and effectiveness of its service delivery, under review; and
	(viii)	to ensure, as far as is practicable, that the principles set out in section 8 are observed; and
	(ix)	to participate in the oversight of the chief executive officer's performance under the council's contract with the chief executive officer; and
	(x)	to serve the overall public interest; and
	(2)	Section 59(1)(b)—after "ratepayers" insert:
of the council
23—Substitution of heading to Chapter 5 Part 4
Heading to Chapter 5 Part 4—delete the heading and substitute:
Part 4—Member integrity and behaviour
24—Substitution of heading to Chapter 5 Part 4 Division 1
Heading to Chapter 5 Part 4 Division 1—delete the heading and substitute:
Division 1—Member integrity
25—Insertion of Subdivision heading
Before section 62 insert:
Subdivision 1—General
26—Amendment of section 62—General duties
	(1)	Section 62(3), penalty provision—delete the penalty provision
	(2)	Section 62(4), penalty provision—delete the penalty provision
	(3)	Section 62(4a)—delete subsection (4a) and substitute:
	(4a)	A member or former member of a council must not disclose information or a document—
	(a)	in relation to which there is an order of a council or council committee in effect under section 90 or 91(7) requiring the information or document to be treated confidentially; or
	(b)	that the member or former member knows, or ought reasonably to know, is information or a document that is otherwise required to be treated confidentially.
	(4)	Section 62—after subsection (4b) insert:
	(4c)	A member of a council must not direct or seek to influence an employee of the council in the exercise or performance of a power or function delegated to or performed by the employee.
	(4d)	Without limiting subsection (4c), a member of a council must—
	(a)	ensure that a request for information or a document from a person engaged in the administration of the council is made in accordance with the requirements of the chief executive officer of the council; and
	(b)	ensure that a request for the performance of work or the taking of action by an employee of the council is made in accordance with the requirements of the chief executive officer of the council.
	(4e)	A member of a council must comply with any requirements prescribed by the regulations relating to the conduct of members that are expressed to be integrity provisions.
	(5)	Section 62(5) and (6)—delete subsections (5) and (6)
	(6)	Section 62(7)—delete "The" and substitute:
Subject to the regulations, the
27—Repeal of section 63
Section 63—delete the section
28—Substitution of heading to Chapter 5 Part 4 Division 2
Heading to Chapter 5 Part 4 Division 2—delete the heading and substitute:
Subdivision 2—Register of Interests
29—Amendment of Chapter 5 Part 4 Division 2
Chapter 5 Part 4 Division 2—delete "this Division" wherever occurring and substitute in each case:
this Subdivision
30—Amendment of section 64—Interpretation
Section 64, definition of return period—delete the definition
31—Amendment of section 67—Form and content of returns
	(1)	Section 67(1)—delete "person related to the member" and substitute:
designated person or entity in relation to the member
	(2)	Section 67(1), penalty provision—delete the penalty provision
	(3)	Section 67(2)—delete "a defence to a prosecution for an offence against subsection (1) to prove" and substitute:
not a breach of subsection (1) if a member proves
32—Amendment of section 68—Register of Interests
	(1)	Section 68—after subsection (1) insert:
	(1a)	If a member of a council fails to submit a return to the chief executive officer before the expiration of 1 month from the end of the period allowed under this Subdivision for the submission of the return, the member is suspended from the office of member of the council.
	(1b)	Despite any other Act or law, or any determination of the Remuneration Tribunal, a member of a council suspended under subsection (1a) is not entitled to an allowance under section 76 during the period of suspension.
	(2)	Section 68(2)—delete "under Division 1 of Part 2 of this Chapter" and substitute:
for the member
	(3)	Section 68—after subsection (3) insert:
	(3a)	If a member of a council suspended under subsection (1a) for a failure to submit a return submits (after the commencement of the suspension) to the chief executive officer of the council the return that was required to be submitted—
	(a)	the chief executive officer must immediately publish a notice on a website determined by the chief executive officer specifying the date on which the member submitted the return; and
	(b)	the suspension is taken to be revoked on the date of publication of the notice.
	(3b)	If a member of a council is suspended under subsection (1a) for a continuous period of more than the prescribed period, the council must apply to SACAT for an order disqualifying the member of the council from the office of member under this Act.
	(3c)	If a member is disqualified under subsection (3b), the disqualification extends to all other offices held in the member's capacity as a member of the council or by virtue of being a member of the council.
	(3d)	Despite section 72, subsections (1a) and (3a) to (3c) do not apply to a member of a council subsidiary or regional subsidiary.
33—Amendment of section 69—Provision of false information
Section 69, penalty provision—delete the penalty provision
34—Amendment of section 70—Publication of Register
	(1)	Section 70(a1)—delete subsection (a1) and substitute:
	(a1)	The chief executive officer must publish the Register on a website determined by the chief executive officer.
	(a2)	However, the chief executive officer must ensure that the following details are not published under subsection (a1):
	(a)	a person's residential address;
	(b)	any other address suppressed from the Register under section 68(4)(a).
	(2)	Section 70(1) and (2)—delete subsections (1) and (2)
35—Amendment of section 71—Restrictions on publication
Section 71(2), penalty provision—delete "$10 000" and substitute:
$15 000
36—Insertion of Chapter 5 Part 4 Division 1 Subdivision 3
Chapter 5 Part 4—after section 72 insert:
Subdivision 3—Gifts and benefits
72A—Register of gifts and benefits
	(1)	A member of a council must not seek out or receive a gift or benefit that is, or could reasonably be taken to be, intended or likely to create a sense of obligation to a person on the part of the member or influence the member in the performance or discharge of their functions or duties.
	(2)	If a member of a council receives a gift or benefit of an amount greater than the amount determined by the Minister (from time to time), by notice in the Gazette, the member must provide details of the gift or benefit to the chief executive officer of the council in accordance with any requirements of the chief executive officer.
	(3)	The Minister must consult with the LGA before publishing a notice under subsection (2).
	(4)	The chief executive officer of a council must maintain a register of gifts and benefits received by members of the council and must ensure that the details of each gift and benefit provided under this section are included in the register.
	(5)	For the purposes of this section, a gift or benefit received by a designated person or entity in relation to a member of a council will be treated as a gift or benefit (as the case requires) received by the member.
	(6)	For the purposes of this section—
	(a)	2 or more separate gifts or benefits received by a member or a designated person or entity in relation to the member from the same person during a financial year are to be treated as 1 gift or benefit (as the case requires) received by the member; and
	(b)	2 or more separate transactions to which a member or a designated person or entity in relation to the member is a party with the same person during a financial year under which the member or the designated person has had the use of property of the other person (whether or not being the same property) during a financial year are to be treated as 1 transaction under which the member has had the use of property of the other person during the financial year.
	(7)	Unless the contrary intention appears, terms and expressions used in this section and in Schedule 3 have the same respective meanings in this section as they have in that Schedule.
37—Substitution of Chapter 5 Part 4 Division 3
Chapter 5 Part 4 Division 3—delete Division 3 and substitute:
Subdivision 4—Conflicts of interest
73—Preliminary
In this Subdivision—
agency or instrumentality of the Crown includes—
	(a)	an administrative unit of the Public Service; and
	(b)	a body corporate comprised of or including, or having a governing body comprised of or including, a Minister or Ministers of the Crown or a person or persons appointed by the Governor or a Minister or other agency or instrumentality of the Crown;
conflict of interest means—
	(a)	a general conflict of interest; or
	(b)	a material conflict of interest;
general conflict of interest—see section 74;
material conflict of interest—see section 75.
74—General conflicts of interest
	(1)	Subject to section 75A, for the purposes of this Subdivision, a member of a council has a general conflict of interest in a matter to be discussed at a meeting of the council if an impartial, fair‑minded person might consider that the member's private interests might result in the member acting in a manner that is contrary to their public duty.
	(2)	For the purposes of subsection (1)—
private interests means any direct or indirect interest of a member that does not derive from their public duty and does not include an interest that is only a matter of personal opinion or belief;
public duty means the responsibilities and obligations that a member has to members of the public in their role as a member.
75—Material conflicts of interest
	(1)	Subject to section 75A, for the purposes of this Subdivision, a member of a council has a material conflict of interest in a matter to be discussed at a meeting of the council if any of the following persons would gain a benefit, or suffer a loss, (whether directly or indirectly and whether of a personal or pecuniary nature) depending on the outcome of the consideration of the matter at the meeting:
	(a)	the member;
	(b)	a relative of the member;
	(c)	a body corporate of which the member is a director or a member of the governing body;
	(d)	a proprietary company in which the member is a shareholder;
	(e)	a family company of the member (within the meaning of Schedule 3);
	(f)	a family trust of the member (within the meaning of Schedule 3);
	(g)	a beneficiary under a trust or an object of a discretionary trust of which the member is a trustee;
	(h)	a partner of the member;
	(i)	the employer or an employee of the member;
	(j)	a person with whom the member has entered into, is seeking to enter into, or is otherwise involved in a negotiation or tendering process in connection with entering into, an agreement for the provision of professional or other services for which the member would be entitled to receive a fee, commission or other reward;
	(k)	a person or body from whom the member has received a designated gift;
	(l)	a person of a prescribed class.
	(2)	In this section—
designated gift means—
	(a)	a gift of a kind required to be disclosed in a large gifts return under Part 14 of the Local Government (Elections) Act 1999 relating to the last election at which the member was elected; or
	(b)	a gift or benefit of an amount greater than the prescribed amount under section 81A(1)(b) of the Local Government (Elections) Act 1999 received by the member after the last election at which the member was elected (whether or not the gift or benefit is required to be disclosed in a return under Part 14 of the Local Government (Elections) Act 1999).
75A—Exemptions and other matters
	(1)	A member of a council will not be regarded as having a conflict of interest in a matter to be discussed at a meeting of the council—
	(a)	if the interest is held in common with a substantial proportion of the ratepayers, electors or residents of the council area and does not materially exceed the interest held by the other ratepayers, electors or residents; or
	(b)	if the interest in the matter is that of an employer or employee of the member, and the member does not know, and could not reasonably be expected to know, of that interest; or
	(c)	if the interest in the matter is that of a relative of the member, other than the member's spouse or domestic partner, and the member does not know, and could not reasonably be expected to know, of that interest; or
	(d)	if—
	(i)	the interest arises in relation to a prescribed matter or in prescribed circumstances; and
	(ii)	the member complies with the requirements of the regulations (if any) relating to dealing with the matter.
	(2)	Without limiting subsection (1), a member of a council will not be regarded as having a general conflict of interest in a matter to be discussed at a meeting of the council by reason only of—
	(a)	an engagement with a community group, sporting club or similar organisation undertaken by the member in their capacity as a member; or
	(b)	membership of a political party; or
	(c)	membership of a community group, sporting club or similar organisation (if the member is not an office holder for the group, club or organisation); or
	(d)	the member having been a student of a particular school or their involvement with a school as parent of a student at the school; or
	(e)	a nomination or appointment as a member of a board of a corporation or other association, if the member was nominated for appointment by a council.
	(3)	A member of a council who is a member, officer or employee of an agency or instrumentality of the Crown, will be regarded as having a conflict of interest in a matter before the council if the matter directly concerns that agency or instrumentality but otherwise will not be regarded as having an interest in a matter by virtue of being a member, officer or employee of the agency or instrumentality.
	(4)	Regulations under subsection (1)(d)—
	(a)	may be limited to material conflicts of interest or general conflicts of interest, or may relate to conflicts of interest generally; and
	(b)	may make different provision according to the matter or circumstances to which they are expressed to apply.
75B—Dealing with general conflicts of interest
	(1)	If a member of a council has a general conflict of interest in relation to a matter to be discussed at a meeting of the council, the member must deal with the interest in a transparent and accountable way and, in particular, must inform the meeting of—
	(a)	the member's interest in the matter; and
	(b)	whether or not the member proposes to participate in the meeting in relation to the matter; and
	(c)	if the member proposes to participate in the meeting in relation to the matter—
	(i)	how the member intends to deal with the general conflict of interest, including whether the member intends to vote on the matter; and
	(ii)	the member's reasons for participating (and, if relevant, voting) in relation to the matter.
	(2)	If a quorum at a meeting cannot be formed because a member of a council proposes to exclude themself from the meeting in order to comply with subsection (1), the member will not be taken to have contravened subsection (1) by participating (including by voting, for example) in the meeting in relation to the matter if the attendance of the member, together with any other required number of members, forms a quorum for the meeting.
	(3)	If a member of a council discloses a general conflict of interest in a matter to be discussed at a meeting of the council, the following details must be recorded in the minutes of the meeting:
	(a)	the member's name;
	(b)	the nature of the interest, as described by the member;
	(c)	the manner in which the member dealt with the general conflict of interest;
	(d)	if the member voted on the matter, the manner in which the member voted;
	(e)	the manner in which the majority of persons who were entitled to vote at the meeting voted on the matter.
	(4)	To avoid doubt, it is declared that non‑participation in a meeting of a council is not the only way in which a member of the council may appropriately deal in a transparent and accountable way with a general conflict of interest of the member in a matter to be discussed at the meeting.
75C—Dealing with material conflicts of interest
	(1)	If a member of a council has a material conflict of interest in a matter to be discussed at a meeting of the council, the member must—
	(a)	inform the meeting of the member's material conflict of interest in the matter; and
	(b)	leave the meeting room (including any area set aside for the public) such that the member cannot view or hear any discussion or voting at the meeting, and stay out of the meeting room while the matter is being discussed and voted on.
	(2)	However, a member of the council does not contravene subsection (1) by taking part in the meeting if the member—
	(a)	has been granted an approval under subsection (3); and
	(b)	complies with the conditions of the approval.
	(3)	The Minister may grant an approval in writing to a member of the council to take part in the meeting if—
	(a)	because of the number of members subject to the obligation under this section, conduct of the meeting would be obstructed if the approval were not given; and
	(b)	it appears to the Minister to be in the interests of the council's community and area.
	(4)	The Minister may grant an approval under subsection (3) subject to any conditions determined by the Minister.
	(5)	If a member of a council discloses a material conflict of interest in a matter to be discussed at a meeting of the council, the following details must be recorded in the minutes of the meeting:
	(a)	the member's name;
	(b)	the nature of the interest, as described by the member;
	(c)	if the member took part in the meeting under an approval under subsection (3), the fact that the member took part in the meeting.
75D—Application of Subdivision to members and meetings of committees and subsidiaries
	(1)	The provisions of this Subdivision extend to committees and to members of committees established by councils as if—
	(a)	a committee were a council; and
	(b)	a member of a committee were a member of a council.
	(2)	The provisions of this Subdivision extend to subsidiaries and to board members of subsidiaries as if—
	(a)	a subsidiary were a council; and
	(b)	a board member of a subsidiary were a member of a council.
	(3)	However—
	(a)	a member of a council committee, or a board member of a council subsidiary, who is also a member or employee of the council will not be regarded as having a conflict of interest in a matter to be discussed at a meeting of the committee or subsidiary (as the case requires) by reason only of the fact that the member is a member or employee of the council or constituent council; or
	(b)	a board member of a regional subsidiary who is also a member or employee of a constituent council will not be regarded as having a conflict of interest in a matter to be discussed at a meeting of the regional subsidiary if the relevant benefit or loss would be enjoyed or suffered in common with all or a substantial proportion of the constituent councils.
38—Insertion of Chapter 5 Part 4 Division 2
Chapter 5—before Part 5 insert:
Division 2—Member behaviour
75E—Behavioural standards
	(1)	The Minister may, by notice published in the Gazette and on a website determined by the Minister, establish standards (the behavioural standards) that—
	(a)	specify standards of behaviour to be observed by members of councils; and
	(b)	provide for any other matter relating to behaviour of members of councils.
	(2)	The behavioural standards may also specify requirements applying to behavioural support policies and behavioural management policies of councils.
	(3)	A member of a council must comply with the behavioural standards.
	(4)	The Minister may, by further notice published in the Gazette and on the website referred to in subsection (1), vary or substitute the behavioural standards.
	(5)	The Minister must, before establishing, varying or substituting the behavioural standards—
	(a)	consult with the LGA; and
	(b)	undertake such other consultation as the Minister thinks fit,
on the behavioural standards, variation or substitute behavioural standards (as the case may be).
	(6)	A notice published under subsection (1) or (4) may come into operation on the day on which it is published in the Gazette or on a later day or days specified in the notice.
	(7)	Sections 10 (other than subsection (1)) and 10A of the Subordinate Legislation Act 1978 apply to a notice published under subsection (1) or (4) (and a reference in those provisions to a regulation will be taken to be a reference to a notice published under subsection (1) or (4) (as the case requires)).
75F—Council behavioural support policies
	(1)	A council may prepare and adopt policies designed to support appropriate behaviour by members of the council (behavioural support policies).
	(2)	A behavioural support policy may—
	(a)	specify directions relating to behaviour that must be observed by members of the council; and
	(b)	set out guidelines relating to compliance by members with the behavioural standards and directions under paragraph (a); and
	(c)	include any other matter relating to behaviour of members considered appropriate by the council.
	(3)	A behavioural support policy—
	(a)	must not be inconsistent with the behavioural standards; and
	(b)	must comply with any requirement specified by the behavioural standards.
	(4)	A member of a council must comply with the council's behavioural support policies.
	(5)	A council may from time to time alter a behavioural support policy, or substitute a new policy.
	(6)	Before a council—
	(a)	adopts a behavioural support policy; or
	(b)	alters, or substitutes, a behavioural support policy,
the council must undertake public consultation on the behavioural support policy, alteration or substituted policy (as the case may be).
	(7)	A council must, within 6 months after the conclusion of each periodic election—
	(a)	in the case of a council that has 1 or more behavioural support policies in effect under this section—review the operation of the behavioural support policies and consider whether it should adopt additional behavioural support policies; or
	(b)	in any other case—consider whether it should adopt behavioural support policies.
Division 3—Health and safety duties
75G—Health and safety duties
	(1)	A member of a council must—
	(a)	take reasonable care that the member's acts or omissions do not adversely affect the health and safety of other members of council or employees of the council; and
	(b)	comply, so far as the member is reasonably able, with any reasonable direction that is given by a responsible person for the purposes of ensuring that the member's acts or omissions do not adversely affect the health and safety of other members of the council or employees of the council.
	(2)	For the purposes of subsection (1)(b), the responsible person is—
	(a)	if the person whose health and safety may be adversely affected is an employee of the council—the chief executive officer of the council; or
	(b)	if the person whose health and safety may be adversely affected is the principal member of the council—the deputy or another member chosen by the council; or
	(c)	if the person whose health and safety may be adversely affected is another member or the chief executive officer of the council—
	(i)	unless subparagraph (ii) applies, the principal member of the council; or
	(ii)	if the relevant acts or omissions are those of the principal member of the council—the deputy or another member chosen by the council.
	(3)	Without limiting subsection (1)(b), a reasonable direction may include a direction that a member of a council not attend a meeting of the council or a council committee (and a member the subject of such a direction will be taken to have been granted leave of absence from attending council meetings for the duration of the direction).
	(4)	However, a reasonable direction under subsection (1)(b) that a member not attend a meeting of a council may only be given if there are no other reasonable directions considered appropriate in the circumstances to ensure the health and safety of the affected person.
	(5)	If a reasonable direction under subsection (1)(b) that a member not attend a meeting of a council is given, the responsible person must ensure that a complaint relating to the matter is referred to the Behavioural Standards Panel.
	(6)	This section is in addition to and does not limit the operation of the Work Health and Safety Act 2012.
	(7)	In this section—
health has the same meaning as in the Work Health and Safety Act 2012.
39—Amendment of section 76—Allowances
	(1)	Section 76(1)—delete "section" first occurring and substitute:
Act
	(2)	Section 76(3)—after paragraph (b) insert:
	(ba)	the ratio of members to ratepayers;
	(3)	Section 76(9)—delete "under a scheme prescribed by the regulations"
	(4)	Section 76(13)—delete "Minister from time to time after consultation with the President of the LGA and the President of the Tribunal" and substitute:
President of the Tribunal after consultation with the LGA
	(5)	Section 76—after subsection (13) insert:
	(13a)	The LGA may recover the reasonable costs incurred by the Remuneration Tribunal in making a determination under this section as a debt from the councils to which the determination relates.
40—Amendment of section 77—Reimbursement of expenses
Section 77(3) and (4)—delete subsections (3) and (4)
41—Repeal of section 78A
Section 78A—delete the section
42—Amendment of section 79—Register of allowances and benefits
Section 79(3) and (4)—delete subsections (3) and (4)
43—Amendment of section 80A—Training and development
	(1)	Section 80A—delete subsection (2) and substitute:
	(2)	The policy—
	(a)	must be aimed at assisting members in the performance and discharge of their functions and duties; and
	(b)	must incorporate the prescribed mandatory requirements and comply with any other requirements prescribed by the regulations; and
	(c)	may specify other requirements relating to the conduct and completion of training and development by members.
	(2a)	A training and development policy of a council may make different provision according to different members of the council.
	(2b)	If a member of a council fails to comply with the prescribed mandatory requirements, the council must suspend the member from the office of member of the council, unless the member satisfies the council that there were good reasons for the failure to comply.
	(2c)	If a council suspends a member of the council under subsection (2b), the chief executive officer must give public notice of the suspension as soon as practicable after determining to suspend the member.
	(2d)	Despite any other Act or law, or any determination of the Remuneration Tribunal, a member of a council suspended under subsection (2b) is not entitled to an allowance under section 76, or reimbursement of expenses, or any other facility, service or form of support, that the member would otherwise be entitled to under this Act, during the period of suspension.
	(2e)	If a member of a council who is suspended under subsection (2b) as a result of failing to comply with the prescribed mandatory requirements satisfies the council that the member has complied with the prescribed mandatory requirements, the council must revoke the suspension and give public notice of the revocation.
	(2f)	If a member of a council is suspended under subsection (2b) for a continuous period of more than the prescribed period, the council must apply to SACAT for an order disqualifying the member from the office of member of the council under this Act.
	(2g)	If a member is disqualified under subsection (2f), the disqualification extends to all other offices held in the member's capacity as a member of the council or by virtue of being a member of the council.
	(2h)	The chief executive officer must maintain a register relating to training and development in accordance with the regulations.
	(2i)	A member of a council must, at the request of the chief executive officer, provide to the chief executive officer, within a period specified in the request, specified information, or information of a specified kind, relating to training and development by the member.
	(2j)	A member of a council must not contravene, or fail to comply with, a request under subsection (2i).
	(2k)	In this section—
prescribed mandatory requirements means the requirements prescribed by the regulations relating to training and development that must be completed by members of councils, which may include timeframes for the completion of such training and development.
	(2)	Section 80A(4) and (5)—delete subsections (4) and (5)
44—Insertion of Chapter 5 Part 7
After Chapter 5 Part 6 insert:
Part 7—Other matters
80B—Suspension—member of council subject to intervention order
	(1)	If—
	(a)	a member of a council is subject to a relevant interim intervention order where the person protected by the order is another member of the council, the council may suspend the member from the office of member of the council if the council considers it appropriate to do so; or
	(b)	a member of a council is subject to a relevant interim intervention order where the person protected by the order is an employee of the council, the chief executive officer of the council may suspend the member from the office of member of the council if the chief executive officer considers it appropriate to do so.
	(2)	A member of a council suspended under subsection (1) is entitled to an allowance under section 76 during the period of suspension.
	(3)	A council—
	(a)	must revoke a suspension under subsection (1)(a) if the relevant interim intervention order is revoked; and
	(b)	may revoke a suspension under subsection (1)(a) if the council considers it appropriate to do so.
	(4)	The chief executive officer of a council—
	(a)	must revoke a suspension under subsection (1)(b) if the relevant interim intervention order is revoked; and
	(b)	may revoke a suspension under subsection (1)(b) if the chief executive officer considers it appropriate to do so.
	(5)	If a member of a council is subject to a relevant final intervention order, the member is suspended from the office of member of the council.
	(6)	Despite any other Act or law, or any determination of the Remuneration Tribunal, a member of a council suspended under subsection (5) is not entitled to an allowance under section 76, or reimbursement of expenses, or any other facility, service or form of support, that the member would otherwise be entitled to under this Act, during the period of suspension.
	(7)	The chief executive officer of a council must, as soon as is reasonably practicable after becoming aware that a member of the council is subject to a relevant final intervention order, notify the member of the suspension under subsection (5).
	(8)	If a relevant final intervention order is revoked, the suspension under subsection (5) relating to the relevant final intervention order is revoked.
	(9)	If a member of a council is suspended under subsection (5) for a continuous period of more than the prescribed period, the council must apply to SACAT for an order disqualifying the member from the office of member of the council under this Act.
	(10)	If a member is disqualified under subsection (9), the disqualification extends to all other offices held in the member's capacity as a member of the council or by virtue of being a member of the council.
	(11)	In this section—
employee of a council includes—
	(a)	a consultant engaged by the council; and
	(b)	a person working for the council on a temporary basis;
final intervention order means a final intervention order (within the meaning of section 3(1) of the Intervention Orders (Prevention of Abuse) Act 2009) or a domestic violence order (other than an interim DVO) that is a recognised DVO under Part 3A of that Act;
interim intervention order means an interim intervention order (within the meaning of section 3(1) of the Intervention Orders (Prevention of Abuse) Act 2009) or an interim DVO that is a recognised DVO under Part 3A of that Act;
relevant final intervention order—a final intervention order to which a member of a council is subject is a relevant final intervention order if a person protected by the order is another member, or an employee, of the council;
relevant interim intervention order—an interim intervention order to which a member of a council is subject is a relevant interim intervention order if a person protected by the order is another member, or an employee, of the council.
45—Amendment of section 83—Notice of ordinary or special meetings
	(1)	Section 83(6)(d)—delete "(eg facsimile transmission)"
	(2)	Section 83(8)—delete subsection (8)
46—Amendment of section 84—Public notice of council meetings
	(1)	Section 84(1a)—delete subsection (1a) and substitute:
	(1a)	The chief executive officer must publicly display the notice required under subsection (1) at the principal office of the council and publish the notice and agenda for the meeting in accordance with section 132(1)(a).
	(2)	Section 84(3) and (4)—delete subsections (3) and (4) and substitute:
	(3)	The notice required under subsection (1) must be kept on public display and continue to be published in accordance with section 132(1)(a) until the completion of the relevant meeting.
	(3)	Section 84(5)(a)—delete "at the principal office of the council" and substitute:
on a website determined by the chief executive officer
47—Amendment of section 85—Quorum
Section 85—after subsection (1) insert:
	(2)	For the purposes of the definition of prescribed number—
	(a)	a member of a council who is suspended from the office of member of the council; and
	(b)	a member of a council who is taken to have been granted leave of absence from the office of member of the council under section 55A,
is not to be counted in the total number of members of the council.
48—Amendment of section 86—Procedure at meetings
	(1)	Section 86—after subsection (6) insert:
	(6a)	A member of a council must not, while at a meeting—
	(a)	behave in an improper or disorderly manner; or
	(b)	cause an interruption or interrupt another member who is speaking.
	(6b)	If a member contravenes or fails to comply with subsection (6a), the presiding member may, in accordance with the regulations, direct that the member be excluded from the meeting room (including any area set aside for the public) such that the member cannot view or hear any discussion at the meeting, and remain out of the meeting room for a period (not exceeding 15 minutes) determined by the presiding member.
	(6c)	A member excluded from a meeting under subsection (6b) must comply with the direction and any requirements of the regulations in relation to the exclusion.
	(6d)	A matter must not be put to a vote at a meeting of a council while a member is excluded under subsection (6b).
	(6e)	Nothing in subsections (6a) to (6d) prevents the regulations from prescribing procedures authorising a council to resolve to censure a member of the council or exclude or suspend a member from a meeting in accordance with the regulations.
	(2)	Section 86(7)—delete subsection (7)
49—Amendment of section 87—Calling and timing of committee meetings
Section 87(11)(d)—delete "(eg facsimile transmission)"
50—Amendment of section 88—Public notice of committee meetings
	(1)	Section 88(1a)—delete subsection (1a) and substitute:
	(1a)	The chief executive officer must publicly display the notice required under subsection (1) at the principal office of the council and publish the notice and agenda for the meeting in accordance with section 132(1)(a).
	(2)	Section 88(3) and (4)—delete subsections (3) and (4) and substitute:
	(3)	The notice required under subsection (1) must be kept on public display and continue to be published in accordance with section 132(1)(a) until the completion of the relevant meeting.
	(3)	Section 88(5)—delete "at the principal office of the council" and substitute:
on a website determined by the chief executive officer
51—Amendment of section 90—Meetings to be held in public except in special circumstances
	(1)	Section 90(3)—after paragraph (n) insert:
	(o)	information relating to a proposed award recipient before the presentation of the award.
	(2)	Section 90(8) to (8e)—delete subsections (8) to (8e) (inclusive)
52—Insertion of section 90A—Information or briefing sessions
After section 90 insert:
90A—Information or briefing sessions
	(1)	A council, or the chief executive officer of a council, may hold or arrange for the holding of a session (not being a formal meeting of a council or council committee required to be held under this Chapter) to which more than 1 member of the council or a council committee is invited to attend or be involved in for the purposes of providing information or a briefing to attendees (an information or briefing session).
	(2)	A matter must not be dealt with at a council information or briefing session in such a way as to obtain, or effectively obtain, a decision on the matter outside a formal meeting of the council or a council committee.
	(3)	A council information or briefing session must be conducted in a place open to the public during any period in which a matter that is, or is intended to be, on the agenda for a formal meeting of the council or a council committee is discussed at the session.
	(4)	However, the council or chief executive officer may order that an information or briefing session be closed to the public to the extent (and only to the extent) that the council or chief executive officer (as the case requires) considers it to be necessary and appropriate for a matter of a kind referred to in subsection (3) to be discussed in a session closed to the public in order to receive, discuss or consider in confidence any information or matter listed in section 90(3) (after taking into account any relevant consideration under that subsection).
	(5)	If an order is made under subsection (4), the council or chief executive officer (as the case requires) must, as soon as reasonably practicable after the making of the order, make a record of—
	(a)	the grounds on which the order was made; and
	(b)	the basis on which the information or matter to which the order relates falls within the ambit of each ground on which the order was made; and
	(c)	if relevant, the reasons that receipt, consideration or discussion of the information or matter publicly at the information or briefing session would be contrary to the public interest.
	(6)	If an information or briefing session is organised or held by a council or chief executive officer of a council, the following provisions apply:
	(a)	sections 90(5), (6) and (7a) apply to the information or briefing session as if it were a meeting of the council or council committee;
	(b)	a prescribed matter cannot be dealt with at an information or briefing session;
	(c)	a reference to a meeting or meetings in sections 94 and 95 includes a reference to an information or briefing session or sessions.
	(7)	A council or the chief executive officer of a council must comply with any requirements of the regulations relating to the following:
	(a)	the publication of prescribed information as soon as practicable after resolving or determining to hold an information or briefing session;
	(b)	the publication of prescribed information as soon as practicable after the holding of an information or briefing session.
53—Amendment of section 91—Minutes and release of documents
	(1)	Section 91(4) to (6)—delete subsections (4) to (6) (inclusive)
	(2)	Section 91(7)—delete "However, subsections (4), (5) and (6) do" and substitute:
Section 132(1) does
54—Amendment of section 92—Access to meetings and documents—code of practice
Section 92(5) to (7)—delete subsections (5) to (7) (inclusive) and substitute:
	(5)	Before a council adopts, alters or substitutes a code of practice under this section it must undertake public consultation on the proposed code, alterations or substitute code (as the case may be).
55—Amendment of section 93—Meetings of electors
	(1)	Section 93(2)—delete ", by advertisement in a newspaper circulating in the area, give notice" and substitute:
give public notice
	(2)	Section 93(6)(a)—delete "or deputy chairperson"
56—Repeal of section 94A
Section 94A—delete the section
57—Amendment of section 97—Vacancy in office
	(1)	Section 97(1)(a)(i)—delete "been guilty of" and substitute:
committed
	(2)	Section 97—after subsection (3) insert:
	(3a)	Before terminating the appointment of a chief executive officer on a ground referred to in subsection (1)(a)(i), (iv) or (v) or (1)(b), a council must have regard to advice from a qualified independent person.
	(3)	Section 97—after subsection (5) insert:
	(6)	In this section—
qualified independent person means a person who is—
	(a)	not a member or employee of the council; and
	(b)	determined by the council to have appropriate qualifications or experience in human resource management.
58—Amendment of section 98—Appointment procedures
	(1)	Section 98(3)—delete "in a newspaper circulating throughout the State" and substitute:
on a website determined by the council
	(2)	Section 98—after subsection (4) insert:
	(4a)	The council must ensure that either or both of the following applies to the process for appointing a chief executive officer under this section:
	(a)	the council appoints at least 1 person who is not a member or employee of the council to the selection panel;
	(b)	before making the appointment to the office of chief executive officer, the council obtains and considers the advice of a qualified independent person on the assessment of applications and recommendations on the appointment under subsection (4) (and that advice may include recommendations to the council on the appointment).
	(3)	Section 98—after subsection (6) insert:
	(7)	In this section—
qualified independent person means a person who is—
	(a)	not a member or employee of the council; and
	(b)	determined by the council to have appropriate qualifications or experience in human resource management.
59—Amendment of section 99—Role of chief executive officer
Section 99(1)—after paragraph (i) insert:
	(ia)	to ensure that effective policies, systems and procedures are established and maintained for the identification, assessment, monitoring, management and annual review of strategic, financial and operational risks;
	(ib)	to report annually to the relevant audit and risk committee on the council's internal audit processes;
60—Insertion of section 99A
After section 99 insert:
99A—Remuneration of chief executive officer
	(1)	Subject to this section, the remuneration of the chief executive officer of a council will be determined by the council.
	(2)	The Remuneration Tribunal will determine (from time to time) the minimum and maximum remuneration that may be paid or provided to chief executive officers of councils.
	(3)	In making a determination under subsection (2), the Remuneration Tribunal must have regard to any matter prescribed by the regulations.
	(4)	A determination under subsection (2)—
	(a)	may differ based on any factor including, for example, the geographical location of a council or group of councils (such that different minimum and maximum remuneration may be paid or provided to chief executive officers from different councils); and
	(b)	may provide for minimum and maximum remuneration that may be paid or provided to chief executive officers to be indexed in accordance with the determination.
	(5)	The regulations—
	(a)	may make further provision in relation to a determination of the Remuneration Tribunal for the purposes of this section; and
	(b)	may modify the application of section 10 of the Remuneration Act 1990 in relation to a determination under this section.
	(6)	Sections 17 and 19 of the Remuneration Act 1990 do not apply in relation to a determination under this section.
	(7)	A reference in the Remuneration Act 1990 to determining remuneration payable in respect of an office will, for the purposes of this section, be taken to include a reference to determining the minimum and maximum remuneration payable in respect of the office.
	(8)	Despite any other Act or law, the reasonable costs of the Remuneration Tribunal in making a determination under this section are to be paid by the LGA under an arrangement determined by the Minister from time to time after consultation with the LGA and the President of the Tribunal.
	(9)	The LGA may recover the reasonable costs incurred by the Remuneration Tribunal in making a determination under this section as a debt from the councils to which the determination relates.
	(10)	A council must ensure that the remuneration of its chief executive officer is within the relevant minimum and maximum remuneration determined by the Remuneration Tribunal for the purposes of this section.
61—Insertion of section 102A
After section 102 insert:
102A—Chief executive officer—performance review
	(1)	A council must review the performance of its chief executive officer—
	(a)	at least once in each year that the chief executive officer holds office as chief executive officer; and
	(b)	if relevant, before reappointment of the chief executive officer.
	(2)	The council must obtain and consider the advice of a qualified independent person on a review under subsection (1).
	(3)	In this section—
qualified independent person means a person who is—
	(a)	not a member or employee of the council; and
	(b)	determined by the council to have appropriate qualifications or experience in human resource management.
62—Amendment of section 105—Register of remuneration, salaries and benefits
Section 105(3) and (4)—delete subsections (3) and (4)
63—Amendment of section 107—General principles of human resource management
Section 107(2)—after paragraph (f) insert:
	(fa)	that employees are protected from sexual harassment by members of the council or other employees and that appropriate processes exist for dealing with complaints of employees relating to sexual harassment; and
64—Substitution of heading to Chapter 7 Part 4
Heading to Chapter 7 Part 4—delete the heading and substitute:
Part 4—Employee integrity and behaviour
65—Substitution of heading to Chapter 7 Part 4 Division 1
Heading to Chapter 7 Part 4 Division 1—delete the heading and substitute:
Division 1—Employee integrity
66—Insertion of Subdivision heading
Before section 108 insert:
Subdivision 1—General
67—Amendment of section 108—Interpretation
Section 108—delete "Division" and substitute:
Subdivision
68—Amendment of section 109—General duty and compliance
Section 109—after subsection (2) insert:
	(3)	An employee of a council must comply with the integrity provisions relating to employees.
	(4)	Contravention of, or failure to comply with, an integrity provision by an employee of a council constitutes a ground for suspending, dismissing or taking other disciplinary action against the employee.
69—Repeal of section 110
Section 110—delete the section
70—Amendment of section 110A—Duty to protect confidential information
Section 110A(1)—delete subsection (1) and substitute:
	(1)	An employee or former employee of a council must not disclose information or a document—
	(a)	in relation to which there is an order of a council or council committee in effect under section 90 or 91(7) requiring the information or document to be treated confidentially; or
	(b)	that the employee or former employee knows, or ought reasonably to know, is information or a document that is otherwise required to be treated confidentially.
71—Substitution of heading to Chapter 7 Part 4 Division 2
Heading to Chapter 7 Part 4 Division 2—delete the heading and substitute:
Subdivision 2—Register of Interests
72—Amendment of Chapter 7 Part 4 Division 2
Chapter 7 Part 4 Division 2—delete "Division" wherever occurring and substitute in each case:
Subdivision
73—Amendment of section 117—Provision of false information
Section 117, penalty provision—delete the penalty provision
74—Amendment of section 119—Restrictions on disclosure
Section 119(1), penalty provision—delete the penalty provision
75—Insertion of Chapter 7 Part 4 Division 1 Subdivision 2A
Chapter 7 Part 4—after section 119 insert:
Subdivision 2A—Gifts and benefits
119A—Register of gifts and benefits
	(1)	An employee of a council must not seek out or receive a gift or benefit that is, or could reasonably be taken to be, intended or likely to create a sense of obligation to a person on the part of the employee or influence the employee in the performance or discharge of the employee's functions or duties.
	(2)	If an employee of a council receives a gift or benefit of an amount greater than the amount determined by the Minister (from time to time), by notice in the Gazette, the employee must provide details of the gift or benefit to the chief executive officer of the council in accordance with any requirements of the chief executive officer.
	(3)	The Minister must consult with the LGA before publishing a notice under subsection (2).
	(4)	The chief executive officer of a council must maintain a register of gifts and benefits received by employees of the council and must ensure that the details of each gift and benefit provided under this section are included in the register.
	(5)	A register maintained under this section—
	(a)	need not include information available in another register published by, or available for inspection at, the council or otherwise available under the Act; and
	(b)	may include information by reference to another register or document, provided the register or document is published by, or available for inspection at, the council and the register maintained under this clause identifies that other register or document.
	(6)	For the purposes of this section, a gift or benefit received by a designated person or entity in relation to an employee of a council will be treated as a gift or benefit (as the case requires) received by the employee.
	(7)	For the purposes of this section—
	(a)	2 or more separate gifts or benefits received by an employee or a designated person or entity in relation to the employee from the same person during a financial year are to be treated as 1 gift or benefit (as the case requires) received by the employee; and
	(b)	2 or more separate transactions to which an employee or a designated person or entity in relation to the employee is a party with the same person during a financial year under which the employee or the designated person has had the use of property of the other person (whether or not being the same property) during a financial year are to be treated as 1 transaction under which the employee has had the use of property of the other person during the financial year.
	(8)	Unless the contrary intention appears, terms and expressions used in this section and in Schedule 3 have the same respective meanings in this section as they have in that Schedule, provided that a reference in Schedule 3 to a member will be taken, for the purposes of this clause, to be a reference to an employee.
76—Substitution of heading to Chapter 7 Part 4 Division 3
Heading to Chapter 7 Part 4 Division 3—delete the heading and substitute:
Subdivision 3—Conflict of interest
77—Amendment of section 120—Conflict of interest
	(1)	Section 120(1), penalty provision—delete the penalty provision
	(2)	Section 120(2), penalty provision—delete the penalty provision
	(3)	Section 120(4), penalty provision—delete the penalty provision
	(4)	Section 120(6)—after paragraph (b) insert:
	(ba)	a family company of the employee (within the meaning of Schedule 3); or
	(bb)	a family trust of the employee (within the meaning of Schedule 3); or
	(5)	Section 120(6)(f)—delete paragraph (f) and substitute:
	(f)	if that person is a person with whom the employee has entered into, is seeking to enter into, or is otherwise involved in a negotiation or tendering process in connection with entering into, an agreement for the provision of professional or other services for which the employee would be entitled to receive a fee, commission or other reward; or
78—Insertion of Chapter 7 Part 4 Division 2
Chapter 7 Part 4—after section 120 insert:
Division 2—Employee behaviour
120A—Behavioural standards
	(1)	A council may prepare and adopt standards (the employee behavioural standards) that—
	(a)	specify standards of behaviour to be observed by employees of councils; and
	(b)	provide for any other matter relating to behaviour of employees of councils.
	(2)	An employee behavioural standard must not diminish a right or employment condition under an Act, award, industrial agreement or contract of employment.
	(3)	An employee of a council must comply with the council's employee behavioural standards.
	(4)	A council may from time to time alter its employee behavioural standards, or substitute new employee behavioural standards.
	(5)	Before a council—
	(a)	adopts employee behavioural standards; or
	(b)	alters, or substitutes, its employee behavioural standards,
the council must consult with any registered industrial association that represents the interests of employees of councils on the employee behavioural standards, alteration or substituted standards (as the case may be).
	(6)	A council must, within 6 months after the conclusion of each periodic election—
	(a)	in the case of a council that has employee behavioural standards in effect under this section—review the operation of the employee behavioural standards; or
	(b)	in any other case—consider whether it should adopt employee behavioural standards.
79—Amendment of section 122—Strategic management plans
	(1)	Section 122(1a)(a)—delete "for a period of at least 10 years; and" and substitute:
that relates to a period of at least 10 years and includes a funding plan that—
	(i)	outlines the council's approach to funding services and infrastructure of the council; and
	(ii)	sets out the council's projected total revenue for the period to which the long‑term financial plan relates; and
	(iii)	outlines the intended sources of that total revenue (such as revenue from rates, grants and other fees and charges); and
	(2)	Section 122—after subsection (1b) insert:
	(1c)	A council must, once in every prescribed period (which must be not less than a period of 3 years), in accordance with a determination of the designated authority, provide information relating to its long‑term financial plan and infrastructure and asset management plan to the designated authority in accordance with subsection (1e).
	(1d)	For the purposes of subsection (1c), the designated authority may determine a schedule relating to each prescribed period that requires different councils to provide information in different financial years of that period (and the financial year in which a particular council is required to provide information according to the schedule is the relevant financial year for that council).
	(1e)	A council must, on or before 30 September in the relevant financial year for the council, provide to the designated authority all relevant information on the following matters (the relevant matters) in accordance with guidelines determined by the designated authority (if any):
	(a)	material amendments made or proposed to be made to the council's long‑term financial plan and infrastructure and asset management plan and the council's reasons for those amendments;
	(b)	revenue sources outlined in the funding plan referred to in subsection (1a)(a);
	(c)	any other matter prescribed by the regulations.
	(1f)	Following the provision of information by a council under subsection (1e), the designated authority, on or before 28 February in the relevant financial year for the council—
	(a)	must provide advice to the council on the appropriateness of the relevant matters in the context of the council's long‑term financial plan and infrastructure and asset management plan; and
	(b)	may, if the designated authority considers it appropriate having regard to the circumstances of a particular council, provide advice in relation to any other aspect of the council's long‑term financial plan and infrastructure and asset management plan.
	(1g)	In providing advice under this section, the designated authority—
	(a)	must have regard to the following objectives:
	(i)	the objective of councils maintaining and implementing long‑term financial plans and infrastructure and asset management plans;
	(ii)	the objective of ensuring that the financial contributions proposed to be made by ratepayers under the council's long‑term financial plan and infrastructure and asset management plan are appropriate and any material amendments made or proposed to be made to these plans by the council are appropriate; and
	(b)	may have regard to any information or matter the designated authority considers relevant (whether or not such information or matter falls within the ambit of subsection (1e)).
	(1h)	A council must ensure that the advice provided by the designated authority under this section, and any response of the council to that advice, is published in its annual business plan (both the draft and adopted annual business plan) in the relevant financial year and each subsequent financial year (until the next relevant financial year for that council).
	(1i)	For the purposes of the preceding provisions, the designated authority must publish the following:
	(a)	advice provided to a council under this section;
	(b)	the schedule determined under subsection (1d);
	(c)	any guidelines determined under subsection (1e).
	(1j)	The designated authority may, by written notice, require a council to give the designated authority, within a time and in a manner stated in the notice (which must be reasonable), information in the council's possession that the designated authority reasonably requires for the performance of the designated authority's functions under this section.
	(1k)	The designated authority may recover from a council (as a debt due from the council) the costs reasonably incurred by the designated authority in performing its functions under this section in relation to the council.
	(3)	Section 122—after subsection (3) insert:
	(3a)	The regulations may prescribe additional requirements with respect to strategic management plans.
	(4)	Section 122(4)(a)—delete "as soon as practicable after adopting the council's annual business plan for a particular financial year" and substitute:
on an annual basis
	(5)	Section 122—after subsection (4a) insert:
	(4b)	A report from a chief executive officer under subsection (4a) must—
	(a)	address any matters required by the Minister; and
	(b)	be published in a manner and form, and in accordance with any other requirements, determined by the Minister.
	(6)	Section 122(6)—delete "adopt a process or processes to ensure that members of the public are given a reasonable opportunity to be involved in" and substitute:
undertake public consultation in relation to
	(7)	Section 122(7)—delete subsection (7)
	(8)	Section 122—after subsection (8) insert:
	(9)	In this section—
designated authority means—
	(a)	if a person or body is prescribed by the regulations for the purposes of this definition—that person or body; or
	(b)	if a person or body is not prescribed under paragraph (a)—the Essential Services Commission established under the Essential Services Commission Act 2002.
	(10)	The Minister must consult with the LGA before regulations are made prescribing a person or body as the designated authority.
80—Amendment of section 123—Annual business plans and budgets
	(1)	Section 123(3)(b)—delete paragraph (b) and substitute:
	(b)	undertake public consultation.
	(2)	Section 123(4) to (5a)—delete subsections (4) to (5a) (inclusive)
	(3)	Section 123—after subsection (6) insert:
	(6a)	However, if a council proposes to adopt an annual business plan with amendments, the council must include in the adopted business plan a statement—
	(a)	setting out any significant amendments from the draft annual business plan; and
	(b)	providing reasons for those amendments.
	(4)	Section 123—after subsection (7) insert:
	(7a)	A budget of a council may authorise the entry into borrowings and other forms of financial accommodation for a financial year of up to an amount specified in the budget.
	(5)	Section 123(8)—delete "31 August" and substitute:
15 August
	(6)	Section 123(9)(b) and (c)—delete paragraphs (b) and (c)
	(7)	Section 123—after subsection (10) insert:
	(10a)	Without limiting subsection (10), regulations under that subsection relating to an annual business plan may—
	(a)	relate to the manner in which matters included in the plan are to be presented (such as, for example, by prescribing the location, style and level of emphasis that must be given to specified matters); and
	(b)	prescribe requirements relating to the description or explanation of matters included in the plan.
81—Amendment of heading to Chapter 8 Part 3 Division 2
Heading to Chapter 8 Part 3 Division 2—delete "and audit committee" and substitute:
, audit and risk committee etc
82—Amendment of section 125—Internal control policies
Section 125—after its present contents (now to be designated as subsection (1)) insert:
	(2)	The policies, practices and procedures of internal financial control under subsection (1) must be in accordance with a standard or document (such as a model relating to financial controls) adopted by the regulations.
	(3)	A council must ensure that appropriate policies, systems and procedures relating to risk management are implemented and maintained in order to assist the council to carry out its activities in an efficient and orderly manner to achieve its objectives, inform appropriate decision making, facilitate appropriate prioritisation of finite resources and promote appropriate mitigation of strategic, financial and operational risks relevant to the council.
83—Insertion of section 125A
After section 125 insert:
125A—Internal audit functions
	(1)	The chief executive officer of a council that has an internal audit function must, before appointing a person to be primarily responsible for the internal audit function, or assigning such responsibility to an employee of the council, consult with the relevant audit and risk committee on the appointment or assignment of responsibility.
	(2)	Despite any other law or instrument to the contrary, the person primarily responsible for the internal audit function—
	(a)	must ensure that any reports they prepare relating to the internal audit function are provided directly to the audit and risk committee; and
	(b)	may report any matters relating to the internal audit function directly to the audit and risk committee.
84—Amendment of section 126—Audit and risk committee
	(1)	Section 126—before subsection (1) insert:
	(a1)	This section applies to a council that has not established a regional audit and risk committee under section 126A.
	(2)	Section 126(1)—after "council" insert:
to which this section applies
	(3)	Section 126(1)—after "audit" insert:
and risk
	(4)	Section 126—after subsection (1) insert:
	(1a)	The purpose of an audit and risk committee established by a council is to provide independent assurance and advice to the council on accounting, financial management, internal controls, risk management and governance matters.
	(5)	Section 126(2)—delete subsection (2) and substitute:
	(2)	The following provisions apply to the membership of a council audit and risk committee:
	(a)	the majority of the members of the committee must be persons who are not members of any council;
	(b)	the members of the committee (when considered as a whole) must have skills, knowledge and experience relevant to the functions of the committee, including in financial management, risk management, governance and any other prescribed matter;
	(c)	the membership of the committee—
	(i)	may not include an employee of the council (although an employee may attend a meeting of the committee if appropriate); and
	(ii)	may include, or be comprised of, members of another council audit and risk committee or a regional audit and risk committee; and
	(iii)	must otherwise be determined in accordance with the requirements of the regulations.
	(6)	Section 126(4)—delete subsection (4) and substitute:
	(4)	The functions of a council audit and risk committee include—
	(a)	reviewing annual financial statements to ensure that they present fairly the state of affairs of the council; and
	(b)	proposing, and providing information relevant to, a review of the council's strategic management plans or annual business plan; and
	(c)	monitoring the responsiveness of the council to recommendations for improvement based on previous audits and risk assessments, including those raised by a council’s auditor; and
	(d)	proposing, and reviewing, the exercise of powers under section 130A; and
	(e)	liaising with the council's auditor in accordance with any requirements prescribed by the regulations; and
	(f)	reviewing the adequacy of the accounting, internal control, reporting and other financial management systems and practices of the council on a regular basis; and
	(g)	—
	(i)	if the council has an internal audit function—
	(A)	providing oversight of planning and scoping of the internal audit work plan; and
	(B)	reviewing and commenting on reports provided by the person primarily responsible for the internal audit function at least on a quarterly basis; or
	(ii)	if the council does not have an internal audit function, reviewing and commenting on an annual report provided by the chief executive officer in relation to the policies and processes adopted by the council to evaluate and improve the effectiveness of its internal control practices and procedures; and
	(h)	reviewing and evaluating the effectiveness of policies, systems and procedures established and maintained for the identification, assessment, monitoring, management and review of strategic, financial and operational risks on a regular basis; and
	(i)	reviewing any report obtained by the council under section 48(1); and
	(j)	performing any other function determined by the council or prescribed by the regulations.
	(5)	There must be at least 1 meeting of a council audit and risk committee in each quarter.
	(6)	Subject to this Act, the procedure to be observed at a meeting of a council audit and risk committee will be—
	(a)	as prescribed by regulation; or
	(b)	insofar as the procedure is not prescribed by regulation—as determined by the committee.
	(7)	Without limiting subsection (6)(a), regulations under that subsection may provide for circumstances in which the public may be excluded from attendance at a meeting of a council audit and risk committee.
	(8)	A council audit and risk committee must—
	(a)	provide a report to the council after each meeting summarising the work of the committee during the period preceding the meeting and the outcomes of the meeting; and
	(b)	provide an annual report to the council on the work of the committee during the period to which the report relates.
	(9)	A council must ensure that the annual report of its audit and risk committee is included in its annual report.
85—Insertion of section 126A
After section 126 insert:
126A—Regional audit and risk committee
	(1)	Two or more councils may establish a regional audit and risk committee.
	(2)	The purpose of a regional audit and risk committee established by 2 or more councils is to provide independent assurance and advice to those councils on accounting, financial management, internal controls, risk management and governance matters.
	(3)	The following provisions apply to the membership of a regional audit and risk committee:
	(a)	the majority of the members of the committee must be persons who are not members of any council;
	(b)	the members of the committee (when considered as a whole) must have skills, knowledge and experience relevant to the functions of the committee, including in financial management, risk management, governance and any other prescribed matter;
	(c)	the membership of the committee—
	(i)	may not include an employee of the constituent councils (although an employee may attend a meeting of the committee if appropriate); and
	(ii)	may include, or be comprised of, members of a council audit and risk committee or another regional audit and risk committee; and
	(iii)	must otherwise be determined in accordance with the requirements of the regulations.
	(4)	The functions of regional audit and risk committee include—
	(a)	reviewing annual financial statements to ensure that they present fairly the state of affairs of the constituent councils; and
	(b)	proposing, and providing information relevant to, a review of the constituent councils' strategic management plans or annual business plans; and
	(c)	monitoring the responsiveness of the constituent councils to recommendations for improvement based on previous audits and risk assessments, including those raised by a constituent council's auditor; and
	(d)	proposing, and reviewing, the exercise of powers under section 130A; and
	(e)	liaising with the constituent councils' auditors in accordance with any requirements prescribed by the regulations; and
	(f)	reviewing the adequacy of the accounting, internal control, reporting and other financial management systems and practices of the constituent councils on a regular basis; and
	(g)	—
	(i)	in relation to a constituent council that has an internal audit function—
	(A)	providing oversight of planning and scoping of the internal audit work plan; and
	(B)	reviewing and commenting on reports provided by the person primarily responsible for the internal audit function at least on a quarterly basis; or
	(ii)	in relation to a constituent council that does not have an internal audit function, reviewing and commenting on an annual report provided by the chief executive officer in relation to the policies and processes adopted by the council to evaluate and improve the effectiveness of its internal control practices and procedures; and
	(h)	reviewing and evaluating the effectiveness of policies, systems and procedures established and maintained for the identification, assessment, monitoring, management and review of strategic, financial and operational risks on a regular basis; and
	(i)	reviewing any report obtained by a constituent council under section 48(1); and
	(j)	performing any other function determined by the constituent councils or prescribed by the regulations.
	(5)	There must be at least 1 meeting of a regional audit and risk committee in each quarter.
	(6)	Subject to this Act, the procedure to be observed at a meeting of a regional audit and risk committee will be—
	(a)	as prescribed by regulation; or
	(b)	insofar as the procedure is not prescribed by regulation—as determined by the committee.
	(7)	Without limiting subsection (6)(a), regulations under that subsection may provide for circumstances in which the public may be excluded from attendance at a meeting of a regional audit and risk committee.
	(8)	A regional audit and risk committee must—
	(a)	provide a report to the constituent councils after each meeting summarising the work of the committee during the period preceding the meeting and the outcomes of the meeting; and
	(b)	provide an annual report to the constituent councils on the work of the committee during the period to which the report relates.
	(9)	Each constituent council of a regional audit and risk committee must ensure that the annual report of the committee is included in its annual report.
86—Amendment of section 127—Financial statements
Section 127(5) and (6)—delete subsections (5) and (6)
87—Amendment of section 128—Auditor
	(1)	Section 128(2)—delete "council's audit committee" and substitute:
relevant audit and risk committee
	(2)	Section 128(2a)—delete "audit committee" and substitute:
relevant audit and risk committee
	(3)	Section 128(6)—delete subsection (6) and substitute:
	(6)	If a firm comprising at least 1 registered company auditor has held office as auditor of a council for 5 successive financial years (the first firm), the council—
	(a)	must ensure another auditor is appointed as auditor of the council (being a registered company auditor (who is not part of a firm) or another firm comprising at least 1 registered company auditor); and
	(b)	must not appoint the first firm as its auditor until at least 5 years have passed since the first firm last held the office.
88—Amendment of section 129—Conduct of audit
	(1)	Section 129(1)—delete "The" and substitute:
Subject to subsection (1a), the
	(2)	Section 129—after subsection (1) insert:
	(1a)	If the Auditor‑General undertakes an audit under the Public Finance and Audit Act 1987 of financial statements and controls of a council referred to in subsection (1) for a financial year—
	(a)	the auditor of the council is not required to undertake an audit of, provide an opinion or advice on, or report to the Minister on, those statements or controls under this section; and
	(b)	the Auditor‑General may recover reasonable costs incurred in relation to undertaking the audit as a debt due from the council.
	(3)	Section 129(5a)(b)—delete "council's audit committee" and substitute:
relevant audit and risk committee
89—Amendment of section 130A—Other investigations
Section 130A(5)(b)—delete "council's audit committee" and substitute:
relevant audit and risk committee
90—Amendment of section 131—Annual report to be prepared and adopted
	(1)	Section 131—after subsection (1) insert:
	(1a)	The annual report must include the amount of legal costs incurred by the council in the relevant financial year.
	(2)	Section 131(5) and (6)—delete subsections (5) and (6) and substitute:
	(5)	A copy of the annual report must be submitted by the council to the persons or bodies prescribed by the regulations on or before a day determined under the regulations.
	(3)	Section 131(8)—delete subsection (8)
91—Insertion of section 131A
After section 131 insert:
131A—Provision of information to Minister
	(1)	A council must provide to the Minister, at the time or times, and in the manner and form, determined by the Minister—
	(a)	the material (including the specific reports on the matters) specified in Schedule 4 (as amended from time to time by regulation); and
	(b)	any other information, or class of information, specified by the Minister.
	(2)	The Minister may publish information provided by a council under this section.
92—Amendment of section 132—Access to documents
	(1)	Section 132(1) to (3)—delete subsections (1) to (3) (inclusive) and substitute:
	(1)	Subject to the regulations, a council must—
	(a)	publish a document referred to in Schedule 5 on a website determined by the chief executive officer; and
	(b)	on request, provide a person with a printed copy of a document referred to in Schedule 5 (on payment of a fee (if any) fixed by the council).
	(2)	Section 132(3a)—delete "make the document or part of the document (as the case requires) available for inspection on the website referred to in subsection (3) within a reasonable time after it is available for inspection under section 91(5) at the principal office of the council" and substitute:
ensure that the document or part of the document (as the case requires) is published on the website determined by the chief executive officer (in accordance with subsection (1)(a))
	(3)	Section 132(4a)—delete subsection (4a)
93—Amendment of section 147—Rateability of land
Section 147(7)—delete subsection (7)
94—Amendment of section 151—Basis of rating
	(1)	Section 151(3)—delete "or site value"
	(2)	Section 151(5)(e)—delete paragraph (e) and substitute:
	(e)	undertake public consultation.
	(3)	Section 151(7) and (8)—delete subsections (7) and (8)
	(4)	Section 151(8a)(b)—delete paragraph (b)
95—Amendment of section 153—Declaration of general rate (including differential general rates)
Section 153(5)(b)—delete "31 August" and substitute:
15 August
96—Amendment of section 156—Basis of differential rates
	(1)	Section 156(14a)(b)—delete paragraph (b) and substitute:
	(b)	undertake public consultation.
	(2)	Section 156(14d) and (14e)—delete subsections (14d) and (14e)
	(3)	Section 156(14ea)(b)—delete paragraph (b)
97—Substitution of section 170
Section 170—delete the section and substitute:
170—Notice of declaration of rates
A council must give public notice of the declaration of a rate or service charge within 21 days after the date of the declaration.
98—Amendment of section 181—Payment of rates—general principles
Section 181(3)—delete "31 August" and substitute:
15 August
99—Amendment of section 184—Sale of land for non‑payment of rates
	(1)	Section 184(3)—after paragraph (b) insert:
	(ba)	to the holder of any caveat over the land; and
	(2)	Section 184(4)(c)—delete paragraph (c) and substitute:
	(c)	giving public notice of the notice; and
	(3)	Section 184(14)(a)—delete paragraph (a) and substitute:
	(a)	subject to subsection (14a), all mortgages, charges and caveats; and
	(4)	Section 184—after subsection (14) insert:
	(14a)	The title vested in a purchaser under subsection (13) will not be free of a caveat held by an agency or instrumentality of the Crown, unless that agency or instrumentality consents to its discharge.
100—Amendment of section 188—Fees and charges
	(1)	Section 188(6)—delete subsection (6)
	(2)	Section 188(7)—delete "up‑date the list referred to in subsection (6) and"
101—Amendment of section 193—Classification
	(1)	Section 193(2)—delete "follow the relevant steps set out in its public consultation policy" and substitute:
undertake public consultation
	(2)	Section 193(6)—delete "notice in the Gazette" and substitute:
public notice
102—Amendment of section 194—Revocation of classification of land as community land
Section 194(2)(b)—delete "follow the relevant steps set out in its public consultation policy" and substitute:
undertake public consultation on the proposal
103—Amendment of section 197—Public consultation on proposed management plan
	(1)	Section 197(1)—delete subsection (1) and substitute:
	(1)	Before a council adopts a management plan for community land it must undertake public consultation.
	(2)	Section 197(2)—delete subsection (2)
104—Amendment of section 202—Alienation of community land by lease or licence
	(1)	Section 202(2)—delete "follow the relevant steps set out in its public consultation policy" and substitute:
undertake public consultation
	(2)	Section 202(3)(b)—delete "compliance with a public consultation policy" and substitute:
undertaking public consultation
105—Amendment of section 207—Register
Section 207(3) and (4)—delete subsections (3) and (4)
106—Amendment of section 219—Power to assign name, or change name, of road or public place
Section 219(7)—delete subsection (7) and substitute:
	(7)	A council must give public notice of the adopting or altering of a policy under this section.
107—Amendment of section 221—Alteration of road
	(1)	Section 221(3)(b)—delete paragraph (b) and substitute:
	(b)	the alteration—
	(i)	provides for vehicular access to and from land adjoining the road (including construction of a crossover or driveway and associated or ancillary works, other than works excluded by regulation from the ambit of this paragraph); and
	(ii)	subject to subsection (7), is approved as part of a development authorisation under the Planning, Development and Infrastructure Act 2016; or
	(2)	Section 221(7)—delete subsection (7) and substitute:
	(7)	A relevant authority under the Planning, Development and Infrastructure Act 2016 may only grant an approval under subsection (3)(b)(ii) after consultation with the chief executive officer of the council.
	(3)	Section 221—after subsection (7) insert:
	(7a)	The chief executive officer of a council consulted under subsection (7) may provide comments on the matter to the relevant authority within the period prescribed by the regulations and, if comments are not provided within that time, it will be conclusively presumed that the council does not intend to comment on the matter.
	(7b)	However, comments provided by the chief executive officer may only relate to the proposed alteration to the public road (including works within the public road) and must not relate to any building of a dwelling on land adjoining the public road.
	(4)	Section 221(8)—delete subsection (8) and substitute:
	(8)	The requirement to consult under subsection (7)—
	(a)	does not extend to an assessment panel appointed by the council; or
	(b)	does not apply to an alteration that complies with any relevant design standard under the Planning, Development and Infrastructure Act 2016.
108—Amendment of section 222—Permits for business purposes
	(1)	Section 222(1a)—delete subsection (1a)
	(2)	Section 222(6a) to (6c)—delete subsections (6a) to (6c) (inclusive)
109—Amendment of section 223—Public consultation
Section 223(1)—delete "follow the relevant steps set out in its public consultation policy" and substitute:
undertake public consultation
110—Amendment of section 224—Conditions of authorisation or permit
	(1)	Section 224(1)—delete "A" and substitute:
Subject to subsection (2), a
	(2)	Section 224(2) to (4)—delete subsections (2) to (4) (inclusive) and substitute:
	(2)	A condition under subsection (1) must comply with any requirements prescribed by the regulations.
111—Repeal of section 224A
Section 224A—delete the section
112—Amendment of section 225—Cancellation of authorisation or permit
	(1)	Section 225(1)—delete subsection (1) and substitute:
	(1)	A council may, by notice in writing to the holder of an authorisation or permit, cancel the authorisation or permit for breach of a condition.
	(2)	Section 225(4)—delete subsection (4)
113—Repeal of section 225A
Section 225A—delete the section
114—Repeal of section 225B
Section 225B—delete the section
115—Amendment of section 226—Moveable signs
	(1)	Section 226—after subsection (2) insert:
	(2a)	A person must not exhibit an electoral advertising poster relating to an election held under this Act or the Local Government (Elections) Act 1999 on a public road (including any structure, fixture or vegetation on a public road), except in circumstances prescribed by the regulations.
Maximum penalty: $5 000.
	(2)	Section 226(3)(ca)—delete paragraph (ca)
	(3)	Section 226—after subsection (4) insert:
	(5)	In this section—
electoral advertising poster means a poster displaying electoral advertising made of—
	(a)	corflute; or
	(b)	plastic; or
	(c)	any other material, or kind of material, prescribed by the regulations.
116—Amendment of section 231—Register
Section 231(3) and (4)—delete subsections (3) and (4)
117—Amendment of section 232—Trees
Section 232(b)—delete "follow the relevant steps set out in its public consultation policy" and substitute:
undertake public consultation
118—Amendment of section 234AA—Interaction with processes associated with development authorisations
	(1)	Section 234AA(1)(b)—delete paragraph (b)
	(2)	Section 234AA(2)—delete "or 222(6a)"
119—Amendment of section 234A—Prohibition of traffic or closure of streets or roads
Section 234A(6)—delete subsection (6) and substitute:
	(6)	A resolution passed under this section cannot take effect before notice of the resolution is published on a website determined by the chief executive officer of the council.
	(6a)	A council must also give public notice of a resolution passed under this section as soon as possible after passing the resolution.
120—Amendment of section 237—Removal of vehicles
Section 237(4)(b)—delete "published in a newspaper circulating generally in the State" and substitute:
given
121—Amendment of section 246—Power to make by-laws
	(1)	Section 246(3)(g)—delete "$750" and substitute:
$1 250
	(2)	Section 246(4)—delete "notice of that alteration is published by the council in the Gazette and in a newspaper circulating in the area of the council" and substitute:
the council gives public notice of that alteration
	(3)	Section 246(4a)—delete "ensure that notice of the determination is published in the Gazette and in a newspaper circulating in the area of the council" and substitute:
give public notice of the determination
122—Amendment of section 249—Passing by-laws
	(1)	Section 249(1)—delete subsection (1) and substitute:
	(1)	If it is proposed that a council make a by‑law, the council must, at least 21 days before resolving to make the by‑law, ensure that copies of the proposed by‑law (and any code, standard or other document proposed to be applied or incorporated by the by‑law) are made available to the public in accordance with section 132(1).
	(2)	Section 249(7)—delete subsection (7) and substitute:
	(7)	A council must give public notice of the making of a by‑law under this section.
123—Amendment of section 250—Model by-laws
Section 250(7)—delete subsection (7) and substitute:
	(7)	A council must give public notice of the adoption of a model by‑law or alteration under this section.
124—Amendment of section 252—Register of by-laws and certified copies
Section 252(3) and (4)—delete subsections (3) and (4)
125—Amendment of section 259—Councils to develop policies
	(1)	Section 259(2)(b)—delete paragraph (b) and substitute:
	(b)	undertake public consultation.
	(2)	Section 259(3)—delete "in response to an invitation" and substitute:
during the public consultation
	(3)	Section 259(6) and (7)—delete subsections (6) and (7)
126—Insertion of Chapter 13 Part A1
Chapter 13—before Part 1 insert:
Part A1—Member behaviour
Division 1—Council to deal with member behaviour
262A—Complaints
	(1)	A person may make a complaint under this Division alleging that a member of a council has contravened or failed to comply with Chapter 5 Part 4 Division 2.
	(2)	A complaint to a council under this Division must be made in accordance with, and contain any information required by, the council's behavioural management policy.
	(3)	Subject to this Division, a council must deal with a complaint under this Division in accordance with the council's behavioural management policy (and a reference to dealing with a complaint includes a reference to refusing to deal with a complaint or determining to take no further action on a complaint).
262B—Behavioural management policy
	(1)	A council must prepare and adopt a policy relating to the management of behaviour of members of the council (a behavioural management policy).
	(2)	Subject to this Division, a behavioural management policy must include the following provisions relating to complaints under this Division:
	(a)	provisions requiring that, on receipt, a complaint will be provided to a person authorised to receive complaints, being a person who is not the person the subject of the complaint;
	(b)	provisions authorising the council to deal with complaints as the council considers appropriate, including by—
	(i)	refusing to deal with a complaint; or
	(ii)	determining to take no further action on a complaint (having commenced dealing with a complaint); or
	(iii)	arranging for mediation, conciliation, arbitration or other dispute or conflict resolution in relation to a complaint;
Note—
Provisions of a behavioural management policy setting out the grounds authorising a council to refuse to deal with a complaint or determine to take no further action on a complaint may include grounds such as—
	(a)	the ground that the subject matter of the complaint is trivial; or
	(b)	the ground that the complaint is frivolous or vexatious or is not made in good faith; or
	(c)	the ground that the complainant or the person on whose behalf the complaint was made does not have a sufficient personal interest in the matter raised in the complaint; or
	(d)	the ground that, having regard to all the circumstances of the case, it is unnecessary or unjustifiable for the council to deal with or continue to deal with the complaint; or
	(e)	the ground that the subject matter of the complaint has been or is already being investigated, whether by the council or another person or body; or
	(f)	the ground that the council has dealt with the complaint adequately.
	(c)	provisions authorising the council to inquire into a complaint in such manner as the council considers appropriate (subject to the principles of procedural fairness);
Note—
Provisions of a behavioural management policy relating to inquiring into a complaint appropriately may include procedures such as 1 or more of the following:
	(a)	provisions relating to parties to the process providing submissions (oral or written);
	(b)	provisions relating to the conduct of interviews;
	(c)	provisions relating to the undertaking of investigations (formal or informal).
	(d)	provisions authorising the council to conduct an inquiry itself or delegate the conduct of an inquiry to any person or body (with the agreement of the person or body) the council considers appropriate in the circumstances;
Note—
Examples of the kind of person to whom a council may delegate the conduct of an inquiry include—
	(a)	the principal member of the council; or
	(b)	the chief executive officer of the council; or
	(c)	a delegate of the principal member or the chief executive officer; or
	(d)	a committee of the council (such as a committee established in relation to governance matters); or
	(e)	a person who is not a member or employee of the council.
	(e)	provisions authorising the council to take action to resolve a complaint in such manner as the council considers appropriate, including by—
	(i)	requiring the member to undertake training, instruction, counselling, mentoring or coaching; or
	(ii)	taking action under this Division.
	(3)	Without limiting subsection (2), a behavioural management policy may contain other provisions relating to the processes and procedures for receiving and dealing with complaints under this Division.
	(4)	A behavioural management policy—
	(a)	must not be inconsistent with the behavioural standards; and
	(b)	must not be inconsistent with the Public Interest Disclosure Act 2018 or a council procedure under that Act; and
	(c)	must comply with any requirement specified by the behavioural standards.
	(5)	A member of a council must comply with the council's behavioural management policy.
	(6)	A council may from time to time alter a behavioural management policy, or substitute a new policy.
	(7)	A council must, within 12 months after the conclusion of each periodic election, review the operation of its behavioural management policy.
262C—Action
	(1)	A council may, after inquiring into a complaint under this Division, do 1 or more of the following:
	(a)	pass a censure motion in respect of the member;
	(b)	require the member to issue a public apology (in a manner determined by the council);
	(c)	require the member to undertake a specified course of training or instruction;
	(d)	remove or suspend the member from 1 or more offices held in the member's capacity as a member of the council or by virtue of being a member of the council (other than the office of member of the council).
	(2)	If action is taken in respect of a member of a council under this section, a report on the matter must be considered in public at a meeting of the council.
	(3)	In the exercise or performance of a power or function under this Division, a council (including any person acting on behalf of, or as a delegate of, the council)—
	(a)	must proceed with as little formality and technicality and with as much expedition as the requirements of this or any other Act and a proper consideration of the matter permit; and
	(b)	is not bound by rules of evidence but may inform itself of any matter in any manner that the council considers appropriate.
262D—Reasons
If a council—
	(a)	refuses to deal with a complaint under this Division; or
	(b)	determines to take no further action in relation to a complaint under this Division (whether or not an inquiry has been commenced or completed on the complaint),
the council must provide the complainant with written reasons for the refusal or determination.
Division 2—Behavioural standards panel
Subdivision 1—Preliminary
262E—Preliminary
In this Division—
misbehaviour means—
	(a)	a failure by a member of a council to comply with a requirement of the council under section 262C(1); or
	(b)	a failure by a member of a council to comply with a provision of, or a requirement under, the council's behavioural management policy; or
	(c)	a failure by a member of a council to comply with an agreement reached following mediation, conciliation, arbitration or other dispute or conflict resolution conducted in relation to a complaint under Division 1;
presiding member means the member of the Panel appointed to be the presiding member of the Panel under section 262F, or a person from time to time acting as the presiding member;
repeated misbehaviour means a second or subsequent failure by a member of a council to comply with Chapter 5 Part 4 Division 2;
serious misbehaviour means a failure by a member of a council to comply with section 75G.
Subdivision 2—Behavioural standards panel
262F—Establishment and constitution
	(1)	The Behavioural Standards Panel is established.
	(2)	The Panel—
	(a)	is a body corporate; and
	(b)	has perpetual succession and a common seal; and
	(c)	is capable of suing and being sued in its corporate name; and
	(d)	has all the powers of a natural person that are capable of being exercised by a body corporate and, in particular, has all the powers necessary or expedient for, or incidental to, the performance of its functions.
	(3)	The Panel consists of the following members appointed by the Governor—
	(a)	a member nominated jointly by the Minister and the LGA to be the presiding member of the Panel; and
	(b)	a member nominated by the Minister; and
	(c)	a member nominated by the LGA.
	(4)	A member or employee of a council cannot be appointed as a member of the Panel.
	(5)	The Minister and the LGA must, when nominating persons for appointment as members of the Panel, seek to ensure that, as far as is practicable, the members of the Panel collectively have qualifications, knowledge, expertise and experience in the following areas:
	(a)	local government or public administration;
	(b)	law;
	(c)	administrative or disciplinary investigation;
	(d)	industrial relations;
	(e)	dispute resolution, conflict management, human resource management or organisational psychology.
	(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.
262G—Conditions of membership
	(1)	A member of the Panel will be appointed on such conditions and for such term, not exceeding 5 years, as the Governor may determine and on the expiration of a term of office will be eligible for reappointment.
	(2)	The Governor may remove a member of the Panel from office—
	(a)	for breach of, or failure to comply with, a condition of appointment; or
	(b)	for failure or incapacity to carry out official duties satisfactorily; or
	(c)	for misconduct; or
	(d)	on the recommendation of the Minister.
	(3)	The Minister cannot make a recommendation under subsection (2)(d) unless the LGA consents to the making of the recommendation.
	(4)	The office of a member of the Panel becomes vacant if the member—
	(a)	dies; or
	(b)	completes a term of office and is not reappointed; or
	(c)	resigns by written notice addressed to the Minister; or
	(d)	is convicted of an indictable offence or sentenced to imprisonment for an offence; or
	(e)	becomes a member of an Australian Parliament; or
	(f)	becomes a member or employee of a council; or
	(g)	is removed from office by the Governor under subsection (2).
	(5)	On the office of a member of the Panel becoming vacant, a person must be appointed in accordance with this Act to the vacant office.
262H—Acting member
	(1)	If—
	(a)	a member is unable to perform official functions or duties; or
	(b)	the office of a member is vacant,
the Governor may appoint a person to act in the office of the member for a period of up to 6 months on conditions determined by the Governor.
	(2)	If a member is unable to act in relation to a particular matter, the Minister may appoint a person to act in the office of the member in relation to that matter on conditions determined by the Minister.
	(3)	Section 262G(2) to (5) (inclusive) apply to an acting member as if they were appointed under section 262F.
262I—Meetings of Panel
	(1)	Subject to this Part—
	(a)	a meeting of the Panel will be presided over by the presiding member and, in the absence of that member, a member chosen by those present will preside; and
	(b)	2 members constitute a quorum of the Panel and no business may be transacted at a meeting of the Panel unless a quorum is present; and
	(c)	each member present at a meeting of the Panel is entitled to 1 vote on a matter arising for decision at the meeting and the person presiding at the meeting has, in the event of an equality of votes, a second or casting vote; and
	(d)	a decision carried by a majority of the votes cast by the members present at a meeting of the Panel is a decision of the Panel; and
	(e)	the Panel may otherwise determine its own procedures.
	(2)	A conference by telephone or other electronic means between the member of the Panel will, for the purposes of this section, be taken to be a meeting of the Panel at which the participating members are present if—
	(a)	notice of the conference is given to all members in the manner determined by the Panel for the purpose; and
	(b)	each participating member is capable of communicating with every other participating member during the conference.
	(3)	A proposed resolution of the Panel becomes a valid decision of the Panel despite the fact that it is not voted on at a meeting of the Panel if—
	(a)	notice of the proposed resolution is given to all members in accordance with procedures determined by the Panel; and
	(b)	a majority of the members express concurrence in the proposed resolution by email or other written communication setting out the terms of the resolution.
	(4)	The Panel must cause minutes to be kept of its meetings.
262J—Remuneration and expenses
The members of the Panel are entitled to such fees, allowances and expenses as the Governor may approve.
262K—Staff
	(1)	The Panel will have such staff (comprised of persons employed in the Public Service of the State) as is necessary for the purposes of the performance of the Panel's functions under this and any other Act.
	(2)	The Panel may, by arrangement with the appropriate authority, make use of the services, facilities or employees of a government department, agency or instrumentality.
262L—Validity of acts of Panel
An act or proceeding of the Panel is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.
262M—Costs
	(1)	The reasonable costs of establishing the Panel, and the reasonable ongoing administrative and operational costs of the Panel, are to be paid by the LGA under an arrangement established by the Minister from time to time after consultation with the LGA.
	(2)	The LGA may recover (from time to time) the costs payable by the LGA under an arrangement under subsection (1) as a debt from councils.
	(3)	The Panel may recover reasonable costs incurred in relation to a complaint against a member of a council referred to the Panel under Subdivision 3 as a debt due from the relevant council.
262N—Functions
	(1)	The primary function of the Panel is to assess and deal with complaints referred to the Panel under Subdivision 3.
	(2)	In addition, the Panel may—
	(a)	publish practice directions relating to practices and procedures in respect of matters before the Panel; and
	(b)	publish guidance material relating to the performance of its functions under this Division, including with respect to the interpretation or application of a provision of this Division; and
	(c)	perform other functions conferred on the Panel by or under this or any other Act.
262O—Delegation
	(1)	Subject to subsection (2), the Panel may delegate a function or power conferred on the Panel, other than a function or power under Subdivision 3 or a prescribed function or power—
	(a)	to a specified person or body; or
	(b)	to a person occupying or acting in a specified office or position.
	(2)	A delegation—
	(a)	may be made subject to conditions or limitations specified in the instrument of delegation; and
	(b)	may, if the instrument of delegation so provides, be further delegated; and
	(c)	is revocable at will and does not prevent the Panel from acting in a matter.
262P—Annual report
	(1)	The Panel must, on or before 30 September in each year, submit a report to the Minister on the activities of the Panel during the previous financial year.
	(2)	The Minister must, within 12 sitting days after receipt of a report under subsection (1), cause copies of that report to be laid before each House of Parliament.
Subdivision 3—Inquiries and action on complaints referred to Panel
262Q—Referral
A complaint alleging misbehaviour, repeated misbehaviour or serious misbehaviour by a member of a council may be referred to the Panel by—
	(a)	resolution of the council; or
	(b)	the principal member of the council; or
	(c)	at least 3 members of the council; or
	(d)	a responsible person in accordance with section 75G(5).
262R—Proceedings of Panel
	(1)	One or more functions or powers of the Panel under section 262S, 262T, 262U or 262V may be exercised by the presiding member on behalf of the Panel.
	(2)	The Panel (or the presiding member acting on its behalf) may appoint an investigator to conduct an inquiry under section 262T into a complaint referred to the Panel under this Subdivision.
	(3)	Any questions of law or procedure arising before the Panel will be determined by the presiding member and any other questions arising before the Panel sitting as a whole will be determined by unanimous or majority decision of the members (unless there is an equal division of opinion, in which case, the decision of the presiding member will be the decision of the Panel).
	(4)	If a member of the Panel as constituted under this section (other than the presiding member) dies, or is for any other reason unable to continue with the proceedings before the Panel, the Panel constituted of the remaining members may, if the presiding member so determines, continue and complete the proceedings.
262S—Assessment
	(1)	The Panel may refuse to deal with a complaint referred to the Panel under this Subdivision or, having commenced dealing with a complaint, determine to take no further action on it if the Panel is satisfied—
	(a)	that the subject matter of the complaint is trivial; or
	(b)	that the complaint is frivolous or vexatious or is not made in good faith; or
	(c)	that the complainant or the person on whose behalf the complaint was made does not have a sufficient personal interest in the matter raised in the complaint; or
	(d)	that, having regard to all the circumstances of the case, it is unnecessary or unjustifiable for the Panel to deal with or continue to deal with the complaint; or
	(e)	that the subject matter of the complaint has been or is already being assessed or investigated, whether by the Panel or another person or body (but disregarding any dealing with the complaint by the relevant council following which the matter was referred to the Panel); or
	(f)	that the council has dealt with the complaint adequately; or
	(g)	that it is otherwise in the public interest to refuse to deal with, or determine to take no further action on, the complaint.
	(2)	If the person primarily affected by the behaviour that is 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, invite and recognise submissions from a registered industrial association that represents the interests of council employees.
	(3)	If a complaint is made and the Panel refuses to deal with, or determines to take no further action on, the complaint, the Panel must inform the person or body that referred the complaint to the Panel under this Subdivision of that decision and of the reasons for it.
	(4)	The Panel may refer a complaint referred to it under this Subdivision to the relevant council if the Panel considers that the complaint does not allege misbehaviour, repeated misbehaviour or serious misbehaviour by a member of a council.
262T—Inquiries
	(1)	The Panel may inquire into a complaint referred to the Panel under this Subdivision in such manner as the Panel considers appropriate.
	(2)	However, an inquiry must be conducted in accordance with the principles of procedural fairness.
	(3)	In addition, the Panel must ensure that, during an inquiry relating to a complaint where the person primarily affected by the behaviour that is the subject of the complaint is an employee of a council, any registered industrial association representing the employee in the matter is given an opportunity to make submissions relating to the inquiry.
262U—Powers relating to inquiries
	(1)	The Panel or an investigator conducting an inquiry under this Division may, in connection with the inquiry—
	(a)	by summons signed by the Panel or investigator (as the case requires), require a person's attendance; and
	(b)	require a person to answer, orally or in writing, questions to the best of their knowledge, information and belief; and
	(c)	require a person to verify an answer under paragraph (b) by declaration; and
	(d)	require a council or person to produce any relevant documents or other records; and
	(e)	retain documents or other records produced under paragraph (d) for reasonable periods and make copies of them or their contents; and
	(f)	call for or receive submissions or representations.
	(2)	Subject to subsection (3), a person or council must not refuse or fail to comply with a requirement under subsection (1).
Maximum penalty: $10 000.
	(3)	A person is not obliged to comply with a requirement under subsection (1) if to do so might incriminate the person of an offence, and a person or a council is not required to provide information under subsection (1) that is privileged on the ground of legal professional privilege.
	(4)	In the exercise or performance of a power or function under this Subdivision, the Panel—
	(a)	must proceed with as little formality and technicality and with as much expedition as the requirements of this or any other Act and a proper consideration of the matter permit; and
	(b)	is not bound by rules of evidence but may inform itself of any matter in any manner that the Panel considers appropriate.
262V—Dispute resolution
	(1)	The Panel may, at any time, arrange for mediation, conciliation, arbitration or other dispute or conflict resolution (alternative dispute resolution) to be conducted in relation to the subject matter of a complaint referred under this Subdivision.
	(2)	If agreement is reached through alternative dispute resolution—
	(a)	the agreement must be recorded in writing and signed by the parties to the agreement and by a member of the Panel on behalf of the Panel; and
	(b)	a copy of the agreement must be given to each of the parties.
	(3)	The Panel may, if satisfied that the subject matter of a complaint has been properly resolved by alternative dispute resolution, determine to take no further action on the complaint.
262W—Action
	(1)	The Panel may, after inquiring into a complaint referred to the Panel under this Subdivision, by order do 1 or more of the following:
	(a)	reprimand the member (including by means of a public statement);
	(b)	direct the council to pass a censure motion in respect of the member;
	(c)	require the member to issue a public apology (in a manner determined by the Panel);
	(d)	require the member to attend a specified course of training or instruction, or to take other steps;
	(e)	require the member to reimburse the council a specified amount (which may include the reimbursement of the council's costs relating to investigation of the complaint and giving effect to an order under this section);
	(f)	remove or suspend the member from 1 or more offices held in the member's capacity as a member of the council or by virtue of being a member of the council (other than the office of member of the council);
	(g)	suspend the member from the office of member of the council for a period not exceeding 3 months, with or without an allowance (as determined by the Panel);
	(h)	direct the council to lodge a complaint against the member with SACAT.
	(2)	If the person primarily affected by the behaviour that is 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 an opportunity to make submissions on the matter.
	(3)	If action is taken in respect of a member of a council under this section, the Panel—
	(a)	must provide a report on the matter to the council; and
	(b)	may require—
	(i)	the report to be considered in public at a meeting of the council; and
	(ii)	the council to provide a report to the Panel, within a period and in such manner as is specified by the Panel, detailing—
	(A)	if the Panel made an order requiring the member to take action under subsection (1)—the member's compliance with the requirement; or
	(B)	if the Panel made an order directing the council to take action under subsection (1)—the council's compliance with the direction.
	(4)	If a member of a council fails to comply with an order of the Panel requiring the member to take action under subsection (1), the council is to ensure that a complaint is lodged against the member with SACAT.
	(5)	If the Panel considers that a council has failed to comply with a direction or requirement of the Panel under this section, the Panel may provide a report to the Minister on the matter.
262X—Reports on inquiries
	(1)	The Panel may publish, in such manner as the Panel thinks fit, a report on—
	(a)	an inquiry under this Subdivision; or
	(b)	a complaint that the Panel refused to deal with, or determined to take no further action on.
	(2)	The Panel may—
	(a)	provide a report under subsection (1) relating to a member of a council to the council; and
	(b)	require the report to be considered in public at a meeting of the council.
	(3)	If a report under subsection (1) relates to a complaint where the person primarily affected by the behaviour that is 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.
	(4)	The Panel may, in providing a report to a registered industrial association under subsection (3), 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.
	(5)	A registered industrial association that contravenes or fails to comply with a requirement under subsection (4) is guilty of an offence.
Maximum penalty: $10 000.
	(6)	Nothing in this section limits section 262W.
127—Amendment of heading to Chapter 13 Part 1
Heading to Chapter 13 Part 1—delete the heading and substitute:
Part 1—Member integrity—complaints, investigations and proceedings
128—Repeal of section 263
Section 263—delete the section
129—Amendment of section 263A—Investigations by Ombudsman
	(1)	Section 263A(1) to (3)—delete "constitute grounds for complaint under this Act against" wherever occurring and substitute in each case:
involve a contravention of, or failure to comply with, an integrity provision by
	(2)	Section 263A(4)—delete "constitute grounds for complaint under this Act against" and substitute:
involve a contravention of, or failure to comply with, an integrity provision by
130—Amendment of section 263B—Outcome of Ombudsman investigation
Section 263B(1) and (2)—delete subsections (1) and (2) and substitute:
	(1)	The recommendations that may be made by the Ombudsman under the Ombudsman Act 1972 on the completion of an investigation of the complaint include—
	(a)	a recommendation requiring the council to—
	(i)	reprimand the member (including by means of a public statement); or
	(ii)	suspend the member from any office under this Act for a period not exceeding 3 months, with or without an allowance (as determined by the Ombudsman); or
	(iii)	ensure that a complaint is lodged against the member with SACAT; or
	(b)	a recommendation requiring the member to—
	(i)	issue a public apology (in a manner determined by the Ombudsman); or
	(ii)	attend a specified course of training or instruction; or
	(iii)	take other steps; or
	(iv)	reimburse the council a specified amount (which may include the reimbursement of the council's costs relating to investigation of the complaint and giving effect to a recommendation of the Ombudsman under this section).
	(2)	If a member of a council fails to comply with a recommendation of the Ombudsman requiring the member to take action under subsection (1), the council is to ensure that a complaint is lodged against the member with SACAT.
131—Amendment of section 264—Complaint lodged with SACAT
	(1)	Section 264—before subsection (1) insert:
	(a1)	A complaint against a member of a council may be lodged with SACAT under this section on the ground—
	(a)	that the member has contravened or failed to comply with an integrity provision; or
	(b)	of alleged misbehaviour, repeated misbehaviour or serious misbehaviour by the member (within the meaning of Part A1 Division 2); or
	(c)	that the member has contravened or failed to comply with—
	(i)	a recommendation of the Ombudsman requiring the member to take action under section 263B(1); or
	(ii)	an order of the Panel requiring the member to take action under section 262W(1).
	(2)	Section 264(1)—delete "setting out the matters that are alleged to constitute the grounds for complaint against a member of a council under this Part" and substitute:
on a ground referred to in subsection (a1)
	(3)	Section 264(2)—after "complaint" insert:
on the ground set out in subsection (a1)(a)
	(4)	Section 264—after subsection (2) insert:
	(2a)	In addition, a complaint may not be lodged by the chief executive officer of a council on the ground set out in subsection (a1)(b) unless the matter has been inquired into by the Panel.
132—Amendment of section 265—Hearing by SACAT
Section 265(1)—delete "the matters alleged in the complaint constitute grounds for action against the member of the council under this Part" and substitute:
a ground on which the complaint was lodged exists
133—Amendment of section 267—Outcome of proceedings
	(1)	Section 267(1)—delete "the grounds for complaint exist" and substitute:
a ground on which the complaint was lodged exists
	(2)	Section 267(1)(ba)—after "amount" insert:
(which may include the reimbursement of the council's costs relating to investigation of the complaint and giving effect to an order under this section)
	(3)	Section 267(1)(c)—delete "$5 000" and substitute:
$15 000
	(4)	Section 267(1)(d)—delete "two months" and substitute:
6 months
134—Repeal of section 269
Section 269—delete the section
135—Amendment of section 270—Procedures for review of decisions and requests for services
	(1)	Section 270—after subsection (2) insert:
	(2a)	In addition, the procedures must provide that—
	(a)	an application for review must be made within 6 months of the making of the decision of which review is sought (the reviewable decision); and
	(b)	the council may allow an application to be made more than 6 months after the making of the reviewable decision in appropriate cases.
	(2)	Section 270(3)—delete subsection (3) and substitute:
	(3)	An application for review must be accompanied by the prescribed fee.
	(3a)	A council may, as the council thinks fit, reduce, waive or refund (in whole or part) the fee under subsection (3).
	(3)	Section 270(4)—after paragraph (c) insert:
		or
	(d)	the council or person (as the case requires) is satisfied that the subject matter of the application has been or is already the subject of a review by the council or an investigation, inquiry or review by another authority.
	(4)	Section 270(4a)—delete subsection (4a) and substitute:
	(4a)	The policies, practices and procedures established under this section—
	(a)	must not provide for a review of a decision of a council—
	(i)	to refuse to deal with, or determine to take no further action in relation to, a complaint under Part A1 Division 1 by a person who is dissatisfied with the decision; or
	(ii)	relating to a recommendation of the Ombudsman under Part 1; and
	(b)	must be consistent with any requirement prescribed by the regulations.
	(5)	Section 270(5)—delete subsection (5)
136—Amendment of section 273—Action on report
	(1)	Section 273(1)—after paragraph (c) insert:
		or
	(d)	a report of the Behavioural Standards Panel under section 262W; or
	(e)	a report of a person who held an appointment as administrator of a defaulting council under this section provided to the Minister on, or within 6 months after, the cessation of the period of administration of the council,
	(2)	Section 273(2)—delete "The" and substitute:
Subject to subsection (2a), the
	(3)	Section 273(2)(b)—after subparagraph (iv) insert:
	(iva)	that a council has failed to comply with a direction or requirement of the Panel under section 262W; or
	(4)	Section 273—after subsection (2) insert:
	(2a)	The only action that the Minister may take under subsection (2) on the basis of a report of a kind referred to in subsection (1)(e) is action of a kind referred to in subsection (2)(a).
137—Amendment of section 279—Service of documents by councils etc
Section 279(1)(e)—delete "by facsimile transmission or"
138—Amendment of section 280—Service of documents on councils
Section 280(1)(c)—delete "by facsimile transmission or"
139—Amendment of section 303—Regulations
Section 303(8a)—after "2015" insert:
or the Statutes Amendment (Local Government Review) Act 2021
140—Amendment of Schedule 1A—Implementation of Stormwater Management Agreement
Schedule 1A, clause 11(8)(b)—delete paragraph (b) and substitute:
	(b)	a majority of the board members express their concurrence in the proposed resolution by letter, email or other written communication setting out the terms of the resolution.
141—Amendment of Schedule 2—Provisions applicable to subsidiaries
	(1)	Schedule 2, clause 3(2)(c)—delete "Chapter 5, Part 4, Division 2" and substitute:
Chapter 5 Part 4 Division 1 Subdivision 2
	(2)	Schedule 2, clause 5(6)(b)—delete "telex, facsimile transmission or other written communication, or electronic communication," and substitute:
email or other written communication
	(3)	Schedule 2, clause 13(3)—delete "council's audit committee" and substitute:
relevant audit and risk committee
	(4)	Schedule 2, clause 19(2)(c)—delete "Chapter 5, Part 4, Division 2" and substitute:
Chapter 5 Part 4 Division 1 Subdivision 2
	(5)	Schedule 2, clause 21(6)(b)—delete "telex, facsimile transmission or other written communication, or electronic communication," and substitute:
email or other written communication
	(6)	Schedule 2, clause 30(3)—delete "a constituent council's audit committee" and substitute:
a regional audit and risk committee established by any of the constituent councils (with 1 or more other councils, whether constituent councils or otherwise) or a council audit and risk committee established by any of the constituent councils
142—Amendment of Schedule 3—Register of Interests—Form of returns
	(1)	Schedule 3, clause 1(1), after the definition of beneficial interest insert:
designated person or entity, in relation to a member of a council, means—
	(a)	a member of the member's family; or
	(b)	a family company of the member; or
	(c)	a trustee of a family trust of the member;
	(2)	Schedule 3, clause 1(1), definition of family, (b)—delete paragraph (b) and substitute:
	(b)	a child or stepchild of the member;
	(3)	Schedule 3, clause 1(1), definition of gift—delete the definition
	(4)	Schedule 3, clause 1(1), definition of a person related to a member—delete the definition
	(5)	Schedule 3, clause 1(1), definition of return period—delete the definition and substitute:
return period, in relation to a return of a member (other than a return submitted under section 65), means—
	(a)	in the case of a member whose last return was the return submitted under section 65—the period between the date of that return and 30 June next following; or
	(b)	in the case of any other member—the period of 12 months expiring on 30 June on or within 60 days after which the return is required to be submitted;
	(6)	Schedule 3, clause 1(4)—delete subclause (4)
	(7)	Schedule 3, clause 2—before subclause (1) insert:
	(a1)	For the purposes of this Act, a return must be in the form determined by the Minister.
	(8)	Schedule 3, clause 2(1)—delete "be in the prescribed form and"
	(9)	Schedule 3, clause 2(1)(a)—delete "person related to the member" and substitute:
designated person or entity in relation to the member
	(10)	Schedule 3, clause 2(2)—delete "be in the prescribed form and"
	(11)	Schedule 3, clause 2(2)(a)—delete "person related to the member" and substitute:
designated person or entity in relation to the member
	(12)	Schedule 3, clause 2(2)(c) to (e)—delete paragraphs (c) to (e) (inclusive)
	(13)	Schedule 3, clause 2(3)—delete "person related to the member" wherever occurring and substitute in each case:
designated person or entity in relation to the member
	(14)	Schedule 3, clause 2(3)(f)—delete "related by blood or marriage to the member or to" and substitute:
a relative of the member or
	(15)	Schedule 3, clause 2(3)(g)—delete "related to the member or a member of the member's family by blood or marriage" and substitute:
a relative of the member or a member of the member's family
	(16)	Schedule 3, clause 2(7)—delete "person related to the member" and substitute:
designated person in relation to the member
	(17)	Schedule 3, clause 2(8)—delete "gift,"
143—Amendment of Schedule 4—Material to be included in annual report of council
Schedule 4, clause 1—after paragraph (c) insert:
	(d)	a report relating to contraventions of Chapter 5 Part 4 Division 2 by members of the council during the relevant financial year containing the information required by the regulations;
144—Amendment of Schedule 5—Documents to be made available by councils
	(1)	Schedule 5, provisions under the heading "Codes", 1st dot point—delete "of conduct or codes"
	(2)	Schedule 5, provisions under the heading "Meeting papers", 3rd dot point—after "reports" insert:
(including attachments and any information or material referred to in the documents or reports) supplied
	(3)	Schedule 5, provisions under the heading "Meeting papers"—after the 4th dot point insert:
	•	Schedule of dates, times and places set for meetings of the council or council committee
	(4)	Schedule 5—before the heading "Policy and administrative documents" insert:
Information and briefing session papers
	•	Record made by council or chief executive officer relating to an order under section 90(2) (in accordance with section 90A(4)) made at or in relation to an information or briefing session
	(5)	Schedule 5, provisions under the heading "Policy and administrative documents", 11th dot point—delete the 11th dot point and substitute:
	•	Community engagement policies
	•	Behavioural management policies
	•	Behavioural support policies
	•	Employee behavioural standards
	(6)	Schedule 5, provisions under the heading "Registers and Returns", 1st dot point—delete "Division 2" and substitute:
Division 1 Subdivision 2
145—Amendment of Schedule 8—Provisions relating to specific land
Schedule 8, clause 13(5), definition of Gawler Park Lands and Pioneer Park—delete the definition and substitute:
Gawler Park Lands means the whole of the land comprised in Certificate of Title Register Book Volume 6182 Folio 891;
Pioneer Park means the whole of the land comprised in Certificate of Title Register Book Volume 5846 Folio 672 and Volume 5846 Folio 673.
146—Insertion of Schedule 9
After Schedule 8 insert:
Schedule 9—Suspension of members
1—Suspension of members
	(1)	This clause applies to a member of a council who is suspended from the office of member of the council—
	(a)	by SACAT or the Behavioural Standards Panel; or
	(b)	by the council in accordance with a recommendation of the Ombudsman under section 263B; or
	(c)	under section 68, 80A, 80B or 273(8); or
	(d)	under another provision of this Act prescribed by the regulations.
	(2)	Subject to this clause, the following provisions apply during the period of suspension of a member of a council to whom this clause applies:
	(a)	the suspension extends to all other offices held in the member's capacity as a member of the council or by virtue of being a member of the council;
	(b)	the member must not use or retain a facility or service provided by the council (not being a facility or service generally provided to members of the public by the council);
	(c)	the member must not carry out any function or duty of the office of member of the council;
	(d)	the member must not be given access by the council to information, documents or materials related to the performance or discharge of the functions or duties of members of the council (not being information, documents or materials generally provided to members of the public by the council);
	(e)	the member is not required—
	(i)	to submit a return for the purposes of the Register of Interests in accordance with Chapter 5 Part 4 Division 1 Subdivision 2; or
	(ii)	if relevant, to notify the chief executive officer of a change or variation of a kind referred to in section 67(1),
provided that, on the cessation of the suspension, the member—
	(iii)	submits any return for the purposes of the Register of Interests that the member would, but for the suspension, have been required to submit in accordance with Chapter 5 Part 4 Division 1 Subdivision 2 during the period of suspension; and
	(iv)	notifies the chief executive officer of a change or variation of a kind referred to in section 67(1) of which the member would, but for the suspension, have been required to notify the chief executive officer under section 67(1) during the period of suspension;
	(f)	to avoid doubt, section 54(1)(d) does not apply to the member.
	(3)	In addition, the regulations may modify the application of a provision of this Act (including this Schedule) in relation to the suspension of a member of a council to whom this clause applies.
	(4)	Subclause (2)(e) does not affect the obligation of a member of a council who is suspended from the office of member of the council by operation of section 68(1a) to submit to the chief executive officer the return that the member failed to submit under section 68(1a).
	(5)	A member of a council to whom this clause applies must not contravene or fail to comply with subclause (2)(b) or (c).
	(6)	Nothing in this clause affects the operation of section 273(8a).
147—Transitional provisions
	(1)	A council (other than a council within the ambit of section 11A(2)(a) of the principal Act (as inserted by this Act)) with more than the number of members that a council may be comprised of under section 11A(1) of the principal Act must conduct a review of its composition under Chapter 3 Part 1 of the principal Act so as to ensure that the reduction in the composition (and changes to wards) of the council required by section 11A (unless the council is granted an exemption certificate under section 12(11b) of the principal Act (as amended by section 9 of this Act)) takes effect on or before the date of the second periodic election of the council after the commencement of section 11A.
	(2)	Section 51 of the principal Act (as amended by section 17 of this Act) applies to a council from—
	(a)	in the case of a council that commences a representation review in accordance with section 12 of the principal Act after the commencement of section 17 of this Act and completes the review before 1 January 2022—polling day for the periodic election next due to be held after the commencement of section 17; or
	(b)	in any other case—polling day for the second periodic election due to be held after the commencement of section 17.
	(3)	A reference to completing a review under subsection (2)(a) includes (if relevant) publishing any notice or notices in the Gazette under section 12(15)(b) in relation to the review.
	(4)	A council (other than a council within the ambit of subsection (2)(a)) constituted on the basis that the principal member is to be chosen by the members of the council from amongst their own number must conduct a review of its composition under Chapter 3 Part 1 of the principal Act so as to ensure that the appointment or election of a mayor required by section 51(1) of that Act (as amended by section 17 of this Act) takes effect on or before the date of the second periodic election of the council after the commencement of this section.
	(5)	The remuneration of a chief executive officer holding office on the commencement of section 99A of the principal Act (as inserted by this Act) is not affected during the term of that office by a determination under section 99A.
	(6)	The principal Act (as in force immediately before the commencement of this subsection) continues to apply to a contravention of, or failure to comply with, the principal Act constituting grounds for complaint against a member of a council under Chapter 13 Part 1 of the principal Act (as in force immediately before the commencement of this subsection) committed or alleged to have been committed before that commencement.
	(7)	Section 110 of the principal Act (as in force immediately before the commencement of this subsection) continues to apply to a contravention of, or failure to comply with, the code of conduct to be observed by employees of councils committed or alleged to have been committed before that commencement.
	(8)	In this section—
principal Act means the Local Government Act 1999.

Part 3—Amendment of Local Government (Elections) Act 1999
148—Amendment of section 4—Preliminary
	(1)	Section 4(1), definition of public notice—delete the definition and substitute:
public notice—see Local Government Act 1999 (section 4(1aa));
	(2)	Section 4(1), definition of registered industrial organisation—delete the definition
149—Substitution of section 5
Section 5—delete the section and substitute:
5—Periodic elections
Elections to determine the membership of each council must be held in accordance with this Act at intervals of 4 years on the basis that voting at the elections will close at 5 pm on the second to last business day before the second Saturday of November in 2022, at 5 pm on the second to last business day before the second Saturday of November in 2026, and so on.
150—Amendment of section 6—Supplementary elections
	(1)	Section 6(2)(a)—delete paragraph (a) and substitute:
	(a)	the vacancy occurs within 12 months before polling day for—
	(i)	a periodic election; or
	(ii)	a general election (other than a periodic election) if the date of that polling day is known at the time of the occurrence of the vacancy; or
	(2)	Section 6(2)(b)(iii)—delete subparagraph (iii) and substitute:
	(iii)	—
	(A)	if the council has 9 or more offices (excluding the office of mayor)—there is no more than 1 other vacancy in the office of a member of the council; or
	(B)	in any other case—there is no other vacancy in the office of a member of the council; and
	(3)	Section 6(2)(b)(iv)—after "council" insert:
at the time the vacancy occurs
	(4)	Section 6(2)(b)(iv)—after "vacancy" insert:
or vacancies
	(5)	Section 6(2)—after paragraph (b) insert:
		or
	(c)	the vacancy—
	(i)	is for an office of a member of the council, other than—
	(A)	mayor; or
	(B)	a member who was declared elected under section 25(1); and
	(ii)	occurs—
	(A)	within 12 months after the conclusion of a periodic election or a designated supplementary election; or
	(B)	after the close of nominations for a designated supplementary election and before the conclusion of that election,
(and can be filled in accordance with section 6A) (the subsequent vacancy).
	(6)	Section 6(3)(a)—delete "a vacancy has" and substitute:
1 or more vacancies have
	(7)	Section 6(3)(c)—delete paragraph (c) and substitute:
	(c)	the other vacancy has not occurred within 12 months before polling day for—
	(i)	a periodic election; or
	(ii)	a general election (other than a periodic election) if the date of that polling day is known at the time of the occurrence of the vacancy,
	(8)	Section 6—after subsection (4) insert:
	(4a)	If, before the close of nominations for a designated supplementary election, another vacancy (the subsequent vacancy) occurs in the office of a member of the council (other than in the office of mayor), the subsequent vacancy may be filled by the designated supplementary election.
	(4b)	If the subsequent vacancy is to be filled by the designated supplementary election—
	(a)	the returning officer must give public notice that the vacancy will be filled by that election; and
	(b)	the material accompanying the voting papers to be issued under section 39 for the designated supplementary election must advise voters that the vacancy will be filled by that election.
	(9)	Section 6(7) and (8)—delete subsections (7) and (8) and substitute:
	(7)	A notice under subsection (6) must also fix—
	(a)	a day for the close of the voters roll for the purposes of the election (the closing date); and
	(b)	the time at which voting at the election will close on polling day.
	(8)	In this section—
designated supplementary election means—
	(a)	if the area of the council is not divided into wards—a supplementary election held to fill an office or offices of the council; or
	(b)	if the area of the council is divided into wards—a supplementary election held to fill an office or offices of the ward in which the subsequent vacancy has occurred.
151—Insertion of section 6A
After section 6 insert:
6A—Filling vacancy in certain circumstances
	(1)	If—
	(a)	a casual vacancy has occurred; and
	(b)	a supplementary election is not to be held by virtue of the operation of section 6(2)(c),
the vacancy will be filled in accordance with this section.
	(2)	For the purposes of subsection (1)—
	(a)	the returning officer must, in accordance with the regulations, determine the candidate—
	(i)	in the most recent election for the relevant office; or
	(ii)	if a supplementary election is not to be held by virtue of the operation of section 6(2)(c)(ii)(B)—in the designated supplementary election referred to in that subsubparagraph,
to fill the vacancy (a successful candidate); and
	(b)	the returning officer must ascertain (in such manner as the returning officer thinks fit) whether the candidate who becomes a successful candidate—
	(i)	is still willing to be elected to the relevant office; and
	(ii)	is still eligible to be elected to the relevant office; and
	(c)	—
	(i)	if the person then indicates to the returning officer (within 1 month) that they are so willing and eligible, the returning officer will declare the person elected; or
	(ii)	if the person then indicates to the returning officer (within 1 month) that they are not willing or eligible, or the person does not respond to the returning officer within 1 month, the returning officer must determine the next successful candidate in accordance with the regulations and so on until the vacancy is filled or there are no candidates still willing and eligible to be elected to the relevant office.
152—Amendment of section 7—Failure of election in certain cases
	(1)	Section 7(3)(a)—delete paragraph (a) and substitute:
	(a)	between the close of nominations and the close of voting—
	(i)	a nominated candidate dies; or
	(ii)	a nominated candidate becomes ineligible to be a candidate for election as a member of a council in accordance with section 17; and
	(2)	Section 7(4)—after "die" insert:
or become ineligible to be candidates for election as members of a council in accordance with section 17
153—Amendment of section 8—Failure or avoidance of supplementary election
	(1)	Section 8—after subsection (1) insert:
	(1a)	If the returning officer declares the nominated candidate or candidates elected under section 25 but not all vacancies are filled, the council must appoint a person or persons (being an elector or electors for the area) to the office or offices that remain unfilled.
	(2)	Section 8(2)—after "subsection (1)" insert:
or (1a)
154—Amendment of section 9—Council may hold polls
	(1)	Section 9(3)—delete subsection (3) and substitute:
	(3)	The council must fix a day as polling day for the poll by notice published on the council website.
	(2)	Section 9(6)—delete subsection (6) and substitute:
	(6)	Voting at a poll will close at the time determined by the returning officer.
155—Amendment of section 13A—Information, education and publicity for general election
	(1)	Section 13A(2)(a)—after "voters roll" insert:
in accordance with the community engagement charter
	(2)	Section 13A—after subsection (2) insert:
	(3)	In this section—
community engagement charter—see Local Government Act 1999 (section 4(1)).
156—Amendment of section 15—Voters roll
	(1)	Section 15(10)—delete "must, within seven days after a closing date, supply the chief executive officer with a list of the persons who are, as at the closing date, enrolled (including those provisionally enrolled) as electors for the House of Assembly in respect of a place of residence within the area." and substitute:
—
	(a)	must, within 7 days after a closing date; and
	(b)	may, at any other time,
supply the chief executive officer with a list of the persons who are, as at the closing date or relevant time, enrolled (including those provisionally enrolled) as electors for the House of Assembly in respect of a place of residence within the area.
	(2)	Section 15(13), dot point—delete the dot point
	(3)	Section 15—after subsection (13) insert:
	(13a)	For the purposes of subsection (13), a voters roll will be taken to have been brought up‑to‑date when copies of the roll are available for public inspection under this section.
	(4)	Section 15(15)—delete "in printed form" wherever occurring
	(5)	Section 15—after subsection (19) insert:
	(20)	If a copy of the voters roll is provided to a person under this section, a person who uses that copy of the roll, or information contained in that copy of the roll, for a purpose other than the distribution of matter calculated to affect the result of a local government election or a purpose related to the holding of such an election is guilty of an offence.
Maximum penalty: $10 000.
157—Amendment of section 17—Entitlement to stand for election
	(1)	Section 17(1)(a)—delete paragraph (a) and substitute:
	(a)	the person is an Australian citizen; and
	(2)	Section 17(1)(b)(ii)—delete "designated person for" and substitute:
nominee of
	(3)	Section 17(1)(b)(iii)—delete "designated person for" and substitute:
nominee of
	(4)	Section 17(1)(b)(iv)—delete "designated person for" and substitute:
nominee of
	(5)	Section 17—after subsection (1) insert:
	(2)	Subsection (1)(b) operates subject to the following qualifications:
	(a)	a nominee of a body corporate must be an officer of the body corporate;
	(b)	a nominee of a group must be a member of the group, or an officer of a body corporate that is a member of the group;
	(c)	a body corporate or group cannot nominate more than 1 person for a particular election;
	(d)	a body corporate or group cannot nominate a person who has not attained the age of majority.
	(6)	Section 17(5)—delete subsection (5)
158—Amendment of section 19A—Publication of candidate profiles
	(1)	Section 19A(1)—delete subsection (1)
	(2)	Section 19A(2) and (3)—delete subsections (2) and (3) and substitute:
	(2)	The returning officer must, as soon as is reasonably practicable after the close of nominations (and in any event within 14 days after the close of nominations), cause each candidate's profile supplied under section 19(2)(b) to be published, in accordance with any requirements of the regulations, on the Internet.
	(3)	Section 19A(4)—delete "his or her statement under subsection (1)" and substitute:
their profile under section 19(2)(b)
	(4)	Section 19A(4)—delete "the LGA,"
	(5)	Section 19A(4)—delete "a statement" and substitute:
a profile
	(6)	Section 19A(5)—delete subsection (5)
159—Substitution of section 21
Section 21—delete the section and substitute:
21—Publication etc of valid nominations
The returning officer must, within 24 hours after the close of nominations—
	(a)	provide a council with a list of all valid nominations relevant to the council's area; and
	(b)	publish a list of all valid nominations on the Internet.
160—Amendment of section 25—Uncontested elections
	(1)	Section 25—after subsection (1) insert:
	(1a)	If—
	(a)	after the close of nominations for a designated supplementary election and before the commencement of the issue of voting papers under section 39(1) for that election, another vacancy occurs in the office of a member of the council (other than in the office of mayor) (the subsequent vacancy); and
	(b)	it appears that the number of candidates nominated to contest the election does not exceed the number of persons required to be elected,
the returning officer must declare the nominated candidate or candidates elected.
	(2)	Section 25(2)—after "subsection (1)" insert:
or (1a)
	(3)	Section 25—after subsection (2) insert:
	(3)	In this section—
designated supplementary election has the same meaning as in section 6.
161—Amendment of section 27—Publication of electoral material
	(1)	Section 27(1)(b)—delete "address" and substitute:
prescribed information
	(2)	Section 27—after subsection (1) insert:
	(1a)	If—
	(a)	electoral material is published on the Internet; and
	(b)	the name and address of the person who authorises publication of the material is immediately accessible on the Internet by viewers of the material in accordance with any requirements prescribed by regulation,
that name and address need not be contained in the electoral material.
	(3)	Section 27(2)—delete "address" and substitute:
prescribed information
	(4)	Section 27—after subsection (3) insert:
	(4)	If electoral material is published on the Internet by a person other than the person who established or controls the Internet site or other platform (or the relevant part of it), the person who established or controls the Internet site or other platform (or the relevant part of it) is not taken to have published the material or caused the electoral material to be published unless that person authorised, whether directly or indirectly, the publishing of the material on the Internet site or other platform.
	(5)	In this section—
prescribed information means—
	(a)	if the printer or other person responsible for undertaking production of the printed electoral material has a physical address—that address; or
	(b)	if the printer or other person responsible for undertaking production of the printed electoral material does not have a physical address—the email address or website address of the printer or other person.
162—Amendment of section 28—Publication of misleading material
	(1)	Section 28—after subsection (1) insert:
	(1a)	A person (the relevant person) is not taken to have authorised, caused or permitted the publication of electoral material if it is published by a person other than the relevant person on an Internet site or other platform established or controlled (or partly established or controlled) by the relevant person unless the relevant person authorised, whether directly or indirectly, the publishing of the material on the Internet site or other platform.
	(2)	Section 28—after subsection (2a) insert:
	(2b)	If the Supreme Court is satisfied beyond reasonable doubt on application by the Electoral Commissioner that published electoral material contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent, the Court may order the publisher to do 1 or more of the following:
	(a)	withdraw the material from further publication;
	(b)	publish a retraction in specified terms and a specified manner and form.
163—Amendment of section 29—Ballot papers
Section 29(3)—delete subsection (3) and substitute:
	(3)	The drawing of lots for the purposes of subsection (2) must be conducted by the returning officer—
	(a)	in the case of a periodic election—at 4 pm, or as soon as is reasonably practicable after 4 pm; or
	(b)	in any other case—at 12 noon, or as soon as is reasonably practicable after 12 noon,
on the day of the close of nominations in the presence of 2 persons who are of or above the age of majority and other persons who may wish to be present.
164—Amendment of section 31—Special arrangements for issue of voting papers
Section 31(1)(a)—delete "personal delivery of voting papers" and substitute:
delivery of voting papers (whether in printed or electronic form)
165—Amendment of section 35—Special arrangements for issue of voting papers
Section 35(a)—delete "personal delivery of voting papers" and substitute:
delivery of voting papers (whether in printed or electronic form)
166—Substitution of heading to Part 9
Heading to Part 9—delete the heading and substitute:
Part 9—Voting generally
167—Amendment of section 37—Postal voting to be used
	(1)	Section 37(1)—delete "Voting" and substitute:
Subject to section 41A, voting
	(2)	Section 37(2)(a)—delete "personal delivery" and substitute:
delivery (whether personal or otherwise)
168—Amendment of section 38—Notice of use of postal voting
Section 38—delete "21" and substitute:
28
169—Amendment of section 39—Issue of postal voting papers
	(1)	Section 39(1)—delete subsection (1) and substitute:
	(1)	The returning officer must, as soon as practicable after the twenty eighth day before polling day, and in any event not later than 21 days before polling day, issue to every natural person, body corporate or group who or which has their or its name on the voters roll used for the purposes of the election or poll postal voting papers consisting of—
	(a)	a ballot paper (or, in an appropriate case, ballot papers) authenticated to the satisfaction of the returning officer; and
	(b)	an opaque envelope bearing a declaration (in a form determined by the Electoral Commissioner), to be completed by the voter, declaring the voter's date of birth and—
	(i)	that the ballot paper contained in the envelope contains their vote; and
	(ii)	that they have not already voted at the election or poll; and
	(iii)	if the voting papers are issued to a body corporate or group—that they are eligible to vote and are the designated person for the body corporate or group.
	(2)	Section 39(4)—delete subsection (4) and substitute:
	(4)	Postal voting papers must also be issued to any person, body corporate or group of persons whose name does not appear on the voters roll but who claims to be entitled to vote at the election or poll and applies to the returning officer for voting papers not later than 5 pm on the seventh day before polling day.
170—Insertion of section 41A
After section 41 insert:
41A—Assisted voting
	(1)	The regulations may make provision in relation to voting in an election or poll by prescribed electors by means of an assisted voting method.
	(2)	Without limiting the generality of subsection (1), regulations made for the purposes of this section may—
	(a)	determine, or provide for the determination of, 1 or more assisted voting methods and, in relation to each such method, determine, or provide for the determination of, the following:
	(i)	matters related to voting using the assisted voting method, including the provision of assistance to electors using the method, requirements to be followed after an elector has used the method and matters of privacy and secrecy;
	(ii)	the number of places where the assisted voting method is to be available, the location of those places (if relevant) and the days and times at which the method is to be available;
	(iii)	which electors may use the assisted voting method; and
	(b)	require the making of a record of each person who has voted using an assisted voting method; and
	(c)	specify the information that is to be included in a record; and
	(d)	provide for the production of a record of the vote each person has cast, which must not contain any means of identifying the person who cast the vote; and
	(e)	provide for the appointment by the returning officer of officers in relation to the conduct of an assisted voting method; and
	(f)	provide for the application of this Act, or provisions of this Act, in relation to votes cast using an assisted voting method, including the modification of the application of this Act or a provision of this Act in relation to such votes; and
	(g)	make provision for any other matters related to assisted voting.
	(3)	To avoid doubt, nothing in this section (or in regulations made for the purposes of this section) authorises any elector to vote in more than 1 capacity at an election or poll.
	(4)	An assisted voting method must be such that an elector using the method in relation to an election or poll—
	(a)	receives the same information (in the same order), and has the same voting options, as would appear in the ballot paper for the election or poll that the elector would be given if the elector were voting by postal vote under this Part; and
	(b)	is able to indicate a vote in a way that, if the elector were marking a ballot paper, would not be an informal ballot paper.
	(5)	Subject to this section, if an elector votes using an assisted voting method (an assisted vote)—
	(a)	this Act applies (subject to any modifications prescribed under subsection (2)(f)) in relation to an assisted vote as if it were a vote delivered to an electoral officer for the relevant council in a sealed envelope; and
	(b)	the record of the assisted vote produced in accordance with the regulations is to be taken to be a ballot paper for the purposes of this Act; and
	(c)	the requirements of this Act in relation to the elector's right to receive a ballot paper are to be taken to have been satisfied.
	(6)	The returning officer may, by notice in the Gazette, determine that an assisted voting method is not to be used either generally or at 1 or more specified places.
	(7)	A notice under subsection (6) must specify the election or poll in respect of which the determination applies.
	(8)	In this section—
prescribed elector means a sight‑impaired elector or an elector of a class prescribed by the regulations for the purposes of this definition;
sight‑impaired elector means an elector whose sight is impaired such that the elector is unable to vote without assistance.
171—Amendment of section 43—Issue of fresh postal voting papers
Section 43(4)—delete subsection (4) and substitute:
	(4)	An application for the issue of fresh voting papers must be received by the returning officer not later than 5 pm on the seventh day before polling day.
172—Amendment of section 47—Arranging postal papers
Section 47(1)—delete subsection (1) and substitute:
	(1)	The returning officer will—
	(a)	in the case of a supplementary election or a poll held in conjunction with a supplementary election—as soon as is practicable after the close of voting; or
	(b)	in any other case—on the second day following polling day for the election or poll (at a time determined to be reasonable by the returning officer),
with the assistance of any other electoral officers who may be present, ensure that all voting papers returned for the purposes of the election or poll in accordance with this Act are made available for the purposes of this section.
173—Amendment of section 48—Method of counting and provisional declarations
	(1)	Section 48(1)—after "in an election" insert:
to fill more than 1 vacancy
	(2)	Section 48—after subsection (1) insert:
	(1a)	The returning officer must, with the assistance of any other electoral officers who may be present, and in the presence of any scrutineers who may be present, conduct the counting of the votes in an election to fill 1 vacancy according to the following method:
	(a)	carry out the step in the method of counting votes referred to in subsection (1)(a);
	(b)	if, after the counting of first preference votes no candidate has received a number of votes equal to or greater than the quota, the candidate who has received the fewest first preference votes must be excluded, and each ballot paper counted to that candidate that expresses the next available preference for a continuing candidate is to be transferred (at a transfer value of 1) to the continuing candidate;
	(c)	if, on the completion of a transfer under paragraph (b), no continuing candidate has received a number of votes equal to or greater than the quota, the process of excluding the candidate who has the fewest votes and transferring each ballot paper counted to that candidate that expresses the next available preference for a continuing candidate in accordance with paragraph (b) is to be repeated until—
	(i)	1 continuing candidate has received a number of votes equal to or greater than the quota; or
	(ii)	2 candidates remain, in which case the returning officer must make a provisional declaration that the continuing candidate who has the larger number of votes has been elected notwithstanding that that number is below the quota and, if those candidates have the same number of votes, the candidate with the larger number of votes at the last preceding count or transfer will be taken to be elected and, if the number of votes at that count or transfer was equal, the returning officer must, in the presence of any scrutineers who may be present, draw lots to determine which of the candidates is to be elected;
	(d)	if the candidate who has the fewest votes is required to be excluded and 2 or more candidates each have the fewest votes, whichever of those candidates had the fewest votes at the last count or transfer at which each of those candidates had a different number of votes will be excluded but, if there has been no such count or transfer, the returning officer must, in the presence of any scrutineers who may be present, draw lots to determine which candidate will be excluded;
	(e)	a ballot paper must be set aside as exhausted where on a transfer it is found that the paper expresses no preference for any continuing candidate.
	(3)	Section 48(2) and (3)—delete "subsection (1)" wherever occurring and substitute in each case:
subsections (1) and (1a)
	(4)	Section 48(4)—after "died" insert:
or become ineligible to be a candidate for election as a member of a council in accordance with section 17
	(5)	Section 48(4)—after "deceased" insert:
or ineligible
174—Amendment of section 55A—Filling vacancy if successful candidate dies
Section 55A(2) to (4)—delete subsections (2) to (4) (inclusive) and substitute:
	(2)	In a case where this section applies—
	(a)	the returning officer must, in accordance with the regulations, determine the candidate in the most recent election for the relevant office to fill the vacancy (a successful candidate); and
	(b)	the returning officer must ascertain (in such manner as the returning officer thinks fit) whether the candidate who becomes a successful candidate—
	(i)	is still willing to be elected to the relevant office; and
	(ii)	is still eligible to be elected to the relevant office; and
	(c)	—
	(i)	if the person then indicates to the returning officer (within 1 month) that they are so willing and eligible, the returning officer will declare the person elected; or
	(ii)	if the person then indicates to the returning officer (within 1 month) that they are not willing or eligible, or the person does not respond to the returning officer within 1 month, the returning officer must determine the next successful candidate in accordance with the regulations and so on until the vacancy is filled or there are no candidates still willing and eligible to be elected to the relevant office.
175—Amendment of section 57—Violence, intimidation, bribery etc
Section 57(3), definition of bribe—after "entertainment" insert:
where the value of the food, drink or entertainment is of or above the prescribed value.
176—Insertion of section 69A
After section 69 insert:
69A—Electoral Commissioner may lodge petition
	(1)	The Electoral Commissioner may lodge a petition in the Court disputing the validity of an election under this Act if the Electoral Commissioner considers that it is appropriate to do so on the basis of an error in the recording, scrutiny, counting or recounting of votes in the election.
	(2)	Section 70(1)(c) and (2)(b) do not apply to a petition lodged by the Electoral Commissioner disputing the validity of an election, but such a petition must be signed by the Electoral Commissioner.
177—Amendment of section 70—Procedure upon petition
Section 70(1)(b)—delete "to which the petitioner claims to be entitled" and substitute:
which the petitioner seeks
178—Amendment of section 73—Illegal practices and orders that may be made
Section 73—after subsection (4) insert:
	(5)	An election may be declared void on the ground of the defamation of a candidate but only if the Court is satisfied, on the balance of probabilities, that the result of the election was affected by the defamation.
	(6)	An election may be declared void on the ground of publication of misleading material but only if the Court is satisfied, on the balance of probabilities, that the result of the election was affected by the publication of that material.
179—Substitution of section 80
Section 80—delete the section and substitute:
80—Returns for candidates
	(1)	A person who is a candidate for election to an office of a council must furnish to the returning officer, in accordance with the requirements of this Part—
	(a)	a return under section 81 (a campaign donations return) at the prescribed times; and
	(b)	a return under section 81A (a large gifts return) within the period applying under section 81A(1).
	(2)	A return under this Division must be in the form determined by the returning officer and completed and furnished in the manner determined by the returning officer.
	(3)	For the purposes of this section, the prescribed times for furnishing a campaign donations return are—
	(a)	within 7 days of the end of the period commencing from the start of the disclosure period for the election (within the meaning of section 81B(a)) and ending—
	(i)	in the case of a periodic election—21 days after the close of nominations; or
	(ii)	in any other case—7 days after the close of nominations; and
	(b)	within 30 days after the conclusion of the election.
180—Amendment of section 81—Campaign donations returns
	(1)	Section 81(1)—after "this section" insert:
and section 81B
	(2)	Section 81(1)(e)—delete ", other than a registered industrial organisation"
	(3)	Section 81(2)—after paragraph (b) insert:
		or
	(c)	a gift disclosed in a large gifts return under section 81A.
	(4)	Section 81(3)—delete subsection (3)
181—Insertion of sections 81A and 81B
After section 81 insert:
81A—Large gifts returns
	(1)	If—
	(a)	a candidate for election to an office of a council receives a gift or gifts from a person during the disclosure period; and
	(b)	the total amount or value of the gift or gifts is more than the prescribed amount,
the candidate must, within the prescribed period, furnish a return to the returning officer.
	(2)	A large gifts return must set out—
	(a)	the amount or value of each gift; and
	(b)	the date on which each gift was made; and
	(c)	—
	(i)	if the gift or gifts were made on behalf of the members of an unincorporated association—
	(A)	the name of the association; and
	(B)	the names and addresses of the members of the executive committee (however described) of the association; or
	(ii)	if the gift or gifts were purportedly made out of a trust fund or out of the funds of a foundation—
	(A)	the names and addresses of the trustees of the fund or of the funds of the foundation; and
	(B)	the title or other description of the trust fund or the name of the foundation, as the case requires; or
	(iii)	in any other case—the name and address of the person who made the gift or gifts.
	(3)	A large gifts return need not be furnished in respect of a private gift made to the candidate.
81B—Disclosure period etc for returns
For the purposes of sections 81 and 81A—
	(a)	the disclosure period is the period that commenced—
	(i)	in relation to a candidate in an election who was a new candidate (other than a candidate referred to in subparagraph (ii))—on the day on which the person announced that they would be a candidate in the election or on the day on which the person's nomination as a candidate was lodged with the returning officer, whichever was the earlier; or
	(ii)	in relation to a candidate in an election who was a new candidate and when they became a candidate in the election was a member of the council by virtue of having been appointed under Chapter 3 of the Local Government Act 1999—on the day on which the person was so appointed as a member of the council; or
	(iii)	in relation to a candidate in an election who was not a new candidate—at the end of 21 days after polling day for the last preceding election in which the person was a candidate,
and that ended, in any of the above cases, at the end of 21 days after polling day for the election; and
	(b)	a candidate is a new candidate, in relation to an election, if the person had not been a candidate in the last general election of a council and had not been a candidate at a supplementary election held after the last general election of a council; and
	(c)	two or more gifts (excluding private gifts) made by the same person to a candidate during the disclosure period are to be treated as 1 gift; and
	(d)	a gift made to a candidate is a private gift if it is made in a private capacity to the candidate for their personal use and the candidate has not used, and will not use, the gift solely or substantially for a purpose related to an election.
182—Amendment of section 82—Certain gifts not to be received
Section 82(3)(b)(i)—delete ", other than a registered industrial organisation"
183—Amendment of section 83—Inability to complete return
Section 83(c)—delete "chief executive" and substitute:
returning
184—Amendment of section 84—Amendment of return
	(1)	Section 84(1)—delete "chief executive" and substitute:
returning
	(2)	Section 84(2)(b)—delete "chief executive" and substitute:
returning
	(3)	Section 84(3)—delete "chief executive" wherever occurring and substitute in each case:
returning
185—Amendment of section 86—Failure to comply with Division
	(1)	Section 86(1)—delete "chief executive" and substitute:
returning
	(2)	Section 86(3)—delete "(However, the office of a member of a council who fails to submit a return may become vacant under Chapter 5 Part 2 of the Local Government Act 1999.)
Note—
The following Note will be inserted at the foot of section 86(3):
"Note—
The office of a member of a council who fails to submit a return may become vacant under Chapter 5 Part 2 of the Local Government Act 1999."
186—Amendment of section 87—Public inspection of returns
	(1)	Section 87(1) to (4)—delete subsections (1) to (4) (inclusive) and substitute:
	(1)	The returning officer must keep at their principal office each return furnished to the returning officer under Division 1.
	(2)	The returning officer must—
	(a)	in the case of a large gifts return—within the prescribed period after the return is received by the returning officer; and
	(b)	in the case of a campaign donations return required to be furnished at the prescribed time applying under section 80(3)(a)—within 7 days after that prescribed time; and
	(c)	in the case of a campaign donations return required to be furnished at the prescribed time applying under section 80(3)(b)—within 8 weeks after that prescribed time,
make a copy of each return available on a website maintained by the returning officer.
	(2)	Section 87(5)—delete "chief executive" and substitute:
returning
187—Amendment of section 89—Requirement to keep proper records
Section 89(2)—delete "chief executive officer of the council" and substitute:
returning officer
188—Amendment of section 91A—Conduct of council during election period
	(1)	Section 91A—delete subsection (2) and substitute:
	(2)	Subject to this section, the caretaker policy must, as a minimum—
	(a)	prohibit the making of a designated decision; and
	(b)	prohibit the use of council resources for the advantage of a particular candidate or group of candidates,
during the election period.
	(2a)	Nothing in subsection (2)(b) prevents a caretaker policy from allowing the equal use of council resources by all candidates for election.
	(2)	Section 91A(8), definition of designated decision, (d)—delete paragraph (d)
189—Amendment of section 93—Regulations
Section 93—after subsection (1) insert:
	(1a)	The regulations may provide that a matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Electoral Commissioner or any prescribed authority.

Part 4—Amendment of City of Adelaide Act 1998
190—Amendment of section 4—Interpretation
Section 4, after the definition of council member insert:
default person, in respect of a body corporate or group, means an eligible person who has been nominated by the chief executive officer under Schedule 1 clause 3B(1) to vote on behalf of the body corporate or group in an election or poll;
eligible person, in respect of a body corporate or group, means a natural person, of or above the age of majority, who is—
	(a)	in the case of a body corporate—an officer of the body corporate who is authorised to act on behalf of the body corporate for the purposes of voting; or
	(b)	in the case of a group—a member of the group, or an officer of a body corporate that is a member of the group, who is authorised to act on behalf of the group for the purposes of voting,
and who is not already on the voters roll or otherwise entitled to be enrolled on the voters roll;
nominated person, in respect of a body corporate or group, means an eligible person who has been nominated by the body corporate or group under Schedule 1 clause 3A(3) or 3C(2) to vote on behalf of the body corporate or group in an election or poll.
191—Amendment of section 20—Constitution of Council
Section 20(3)—delete subsection (3)
192—Amendment of section 21—Lord Mayor
	(1)	Section 21—delete "The" and substitute:
Subject to this Act, the
	(2)	Section 21—after "Lord Mayor" first occurring insert:
as leader of the council
	(3)	Section 21(a) and (b)—delete paragraphs (a) and (b) and substitute:
	(a)	as the principal member of the Council—
	(i)	to provide leadership and guidance to the Council; and
	(ii)	to lead the promotion of positive and constructive working relationships among members of the council; and
	(iii)	to provide guidance to council members on the performance of their role, including on the exercise and performance of their official functions and duties; and
	(iv)	to support council members' understanding of the separation of responsibilities between elected representatives and employees of the council; and
	(v)	to preside at meetings of the Council; and
	(vi)	to liaise with the chief executive officer on the implementation of decisions of the Council between Council meetings (as necessary); and
	(vii)	to act as the principal spokesperson of the Council; and
	(viii)	to exercise other functions of the Council as the Council determines; and
	(b)	as the principal elected member of the Council representing the capital city of South Australia—
	(i)	to provide leadership and guidance to the City of Adelaide community; and
	(ii)	to participate in the maintenance of inter‑governmental relationships at regional, State and national levels; and
	(iii)	to carry out civic and ceremonial duties associated with the office of Lord Mayor.
193—Amendment of section 22—Members
	(1)	Section 22(1)(a)—delete paragraph (a) and substitute:
	(a)	as a member of the governing body of the Council—
	(i)	to act with integrity; and
	(ii)	to ensure positive and constructive working relationships within the Council; and
	(iii)	to recognise and support the role of the Lord Mayor under the Act; and
	(iv)	to develop skills relevant to the role of a member of the Council and the functions of the Council as a body; and
	(v)	to participate in the deliberations and activities of the Council; and
	(vi)	to provide community leadership and guidance to the City of Adelaide community and to participate in achieving a vision for the desired future of the City through the formulation of strategic plans and policies; and
	(vii)	to keep the Council's goals and policies under review to ensure that they are appropriate and effective; and
	(viii)	to keep the Council's resource allocation, expenditure and activities, and the efficiency and effectiveness of its service delivery, under review; and
	(ix)	to participate in the oversight of the chief executive officer's performance under the Council's contract with the chief executive officer; and
	(x)	to serve the overall public interest of the City of Adelaide; and
	(2)	Section 22(1)(b)—after "ratepayers" insert:
of the Council
194—Amendment of section 24—Allowances
	(1)	Section 24(1)—delete "section" first occurring and substitute:
Act
	(2)	Section 24(9)—delete "under a scheme prescribed by the regulations"
	(3)	Section 24(13)—delete "Minister from time to time after consultation with the President of the LGA and the President of the Tribunal" and substitute:
President of the Tribunal after consultation with the LGA
	(4)	Section 24—after subsection (13) insert:
	(13a)	The LGA may recover the reasonable costs incurred by the Remuneration Tribunal in making a determination under this section as a debt from the Council.
195—Amendment of section 27—Role of chief executive officer
Section 27—after paragraph (j) insert:
	(ja)	to ensure that effective policies, systems and procedures are established and maintained for the identification, assessment, monitoring, management and annual review of strategic, financial and operational risks;
	(jb)	to report annually to the relevant audit and risk committee on the Council's internal audit processes;
196—Amendment of Schedule 1—Special provisions for elections and polls
	(1)	Schedule 1, clause 3(2)(a) and (b)—delete paragraphs (a) and (b) and substitute:
	(a)	in the case of a natural person—the full name of the person and the address of the person's place of residence; and
	(b)	in the case of a body corporate or group—
	(i)	the full name of the body corporate or group; and
	(ii)	—
	(A)	if the body corporate or group has nominated an eligible person under clause 3A(3) or 3C(2)—the full name and date of birth of the nominated person for the body corporate or group; or
	(B)	if a default person has been nominated for the body corporate or group under clause 3B(1)—the full name and date of birth of the default person for the body corporate or group; and
	(2)	Schedule 1, clause 3—after subclause (2) insert:
	(2a)	The chief executive officer must redact the full name and date of birth of a default person for a body corporate or group from any copy of the voters roll available for inspection by the public or provided to any person (other than a copy of the voters roll supplied to the returning officer in accordance with subclause (16)).
	(3)	Schedule 1, clause 3(10)—delete "must, within 7 days after a closing date, supply the chief executive officer with a list of the persons who are, as at the closing date, enrolled (including those provisionally enrolled) as electors for the House of Assembly in respect of a place of residence within the area." and substitute:
—
	(a)	must, within 7 days after a closing date; and
	(b)	may, at any other time,
supply the chief executive officer with a list of the persons who are, as at the closing date or relevant time, enrolled (including those provisionally enrolled) as electors for the House of Assembly in respect of a place of residence within the area.
	(4)	Schedule 1, clause 3(13), dot point—delete the dot point
	(5)	Schedule 1, clause 3—after subclause (13) insert:
	(13a)	For the purposes of subclause (13), a voters roll will be taken to have been brought up‑to‑date when copies of the roll are available for public inspection under this clause. 
	(6)	Schedule 1, clause 3(15)—delete "in printed form" wherever occurring
	(7)	Schedule 1, clause 3—after subclause (19) insert:
	(20)	If a copy of the voters roll is provided to a person under this clause, a person who uses that copy of the roll, or information contained in that copy of the roll, for a purpose other than the distribution of matter calculated to affect the result of a local government election or a purpose related to the holding of such an election is guilty of an offence.
Maximum penalty: $10 000.
	(8)	Schedule 1—after clause 3 insert:
3A—Nominating person to vote on behalf of body corporate or group
	(1)	The chief executive officer must, by notice in writing to each body corporate and group on the voters roll, request that the body corporate or group nominate, in the form determined by the Electoral Commissioner (the nomination form), an eligible person to vote on its behalf.
	(2)	The notice in subclause (1) must—
	(a)	be issued to each body corporate or group—
	(i)	in the case of a periodic election—not later than 7 weeks before the relevant closing date; or
	(ii)	in the case of any other election, or a poll—not later than 4 weeks before the relevant closing date; and
	(b)	enclose the nomination form.
	(3)	A body corporate or group may nominate an eligible person to vote on its behalf by providing the completed nomination form to the chief executive officer by the relevant closing date.
3B—Nominating default person to vote on behalf of body corporate or group
	(1)	If the chief executive officer has not received a nomination under clause 3A(3) by the relevant closing date, or the person nominated is not an eligible person, the chief executive officer must—
	(a)	in the case of a body corporate—nominate the first officer of the body corporate (to be taken alphabetically); or
	(b)	in the case of a group—nominate the first member of the group or officer of a body corporate that is a member of the group (to be taken alphabetically) (as the chief executive officer thinks fit),
to vote on behalf of the body corporate or group (a default person).
	(2)	Despite subclause (1), the chief executive officer must not nominate a person under that subclause if the person is already on the voters roll or otherwise entitled to be enrolled on the voters roll.
	(3)	For the purposes of subclause (1), the chief executive officer may—
	(a)	in the case of a body corporate (including a body corporate that is a member of a group)—use the most recent information that is available after the relevant closing date from the Australian Securities and Investments Commission concerning the name and age of the persons specified in that subclause; or
	(b)	in the case of a group—use the most recent information held by the council after the relevant closing date concerning the name and age of the persons specified in that subclause.
3C—Notice of default person and further nomination of person to vote on behalf of body corporate or group
	(1)	The chief executive officer must, within 14 days after the relevant closing date, give notice in writing to each body corporate or group enrolled on the voters roll in respect of which there is no nominated person—
	(a)	if a default person has been nominated by the chief executive officer under clause 3B(1)—of the name of the default person; or
	(b)	if a default person has not been nominated—that no default person has been nominated,
and of the option for the body corporate or group to nominate an eligible person (if any) in the form determined by the Electoral Commissioner (the nomination form) and within the prescribed period.
	(2)	A body corporate or group may nominate an eligible person to vote on its behalf by providing the completed nomination form to the chief executive officer within the prescribed period.
	(3)	If the chief executive officer does not receive a nomination from the body corporate or group within the prescribed period, or receives a nomination but the person nominated is not an eligible person—
	(a)	where a default person has been nominated under clause 3B(1)—the default person remains the person nominated to vote on behalf of the body corporate or group; or
	(b)	where a default person has not been nominated—no person is nominated to vote on behalf of the body corporate or group (and ballot papers will not be issued to the body corporate or group under clause 18).
	(4)	In this clause—
prescribed period means 21 days after the relevant closing date.
	(9)	Schedule 1, clause 4(3) to (5)—delete subclauses (3) to (5) (inclusive) and substitute:
	(3)	A natural person is entitled to vote at an election or poll for a body corporate or group which has its name on the voters roll if—
	(a)	the natural person is the nominated person on the voters roll for the body corporate or group; or
	(b)	the natural person is the default person on the voters roll for the body corporate or group.
	(10)	Schedule 1, clause 5(1)(a)—delete paragraph (a) and substitute:
	(a)	the person is an Australian citizen; and
	(11)	Schedule 1, clause 5(5)—delete subclause (5)
	(12)	Schedule 1, clause 18(1)—delete subclause (1) and substitute:
	(1)	Subject to subclause (1a), the returning officer must, as soon as practicable after the twenty eighth day before polling day, and in any event not later than 21 days before polling day, issue to every natural person, body corporate or group who or which has their or its name on the voters roll used for the purposes of the election or poll postal voting papers consisting of—
	(a)	a ballot paper (or, in an appropriate case, ballot papers) authenticated to the satisfaction of the returning officer; and
	(b)	an opaque envelope bearing a declaration (in a form determined by the Electoral Commissioner), to be completed by the voter, declaring the voter's date of birth and—
	(i)	that the ballot paper contained in the envelope contains their vote; and
	(ii)	that they have not already voted at the election or poll; and
	(iii)	if the voting papers are issued to a body corporate or group—
	(A)	the voter's full name; and
	(B)	that the voter is the nominated person or default person for the body corporate or group.
	(1a)	Postal voting papers must not be issued under this clause to a body corporate or group which has its name on the voters roll for the election or poll if there is no nominated person or default person for the body corporate or group.
	(13)	Schedule 1, clause 18(4)—delete subclause (4) and substitute:
	(4)	Postal voting papers must also be issued to any person, body corporate or group of persons whose name does not appear on the voters roll but who claims to be entitled to vote at the election or poll and applies to the returning officer for voting papers not later than 5 pm on the seventh day before polling day.
	(14)	Schedule 1, clause 18(7)—delete "Postal" and substitute:
Subject to subclause (1a), postal
	(15)	Schedule 1, clause 19(2)(a)(iii)—delete "voting on behalf of a body corporate or group of persons in accordance with this Schedule" and substitute:
the nominated person or default person for a body corporate or group
	(16)	Schedule 1, clause 19(2)(a)(iv)—delete subparagraph (iv)
	(17)	Schedule 1, clause 22, definition of registered industrial organisation—delete the definition
	(18)	Schedule 1, clause 23—delete the clause and substitute:
23—Returns for candidates
	(1)	A person who is a candidate for election to an office of the Adelaide City Council must furnish to the returning officer, in accordance with the requirements of this Part—
	(a)	at the prescribed times—a campaign donations return under this Division; and
	(b)	within 30 days after the conclusion of the election—a campaign expenditure return under this Division; and
	(c)	within the period applying under clause 24A(1)—a large gifts return under this Division.
	(2)	A return under this Division must be in the form determined by the returning officer and completed and furnished in the manner determined by the returning officer.
	(3)	For the purposes of this clause, the prescribed times for furnishing a campaign donations return are—
	(a)	within 7 days of the end of the period commencing from the start of the disclosure period for the election (within the meaning of clause 24B(a)) and ending—
	(i)	in the case of a periodic election—21 days after the close of nominations; or
	(ii)	in any other case—7 days after the close of nominations; and
	(b)	within 30 days after the conclusion of the election.
	(19)	Schedule 1, clause 24(1)—after "this clause" insert:
and clause 24B
	(20)	Schedule 1, clause 24(1)(e)—delete ", other than a registered industrial organisation"
	(21)	Schedule 1, clause 24(2)—after paragraph (b) insert:
		or
	(c)	a gift disclosed in a large gifts return under clause 24A.
	(22)	Schedule 1, clause 24(3)—delete subclause (3)
	(23)	Schedule 1—after clause 24 insert:
24A—Large gifts returns
	(1)	If—
	(a)	a candidate for election to an office of the Adelaide City Council receives a gift or gifts from a person during the disclosure period; and
	(b)	the total amount or value of the gift or gifts is more than the prescribed amount,
the candidate must, within the prescribed period, furnish a return to the returning officer.
	(2)	A large gifts return must set out—
	(a)	the amount or value of each gift; and
	(b)	the date on which each gift was made; and
	(c)	—
	(i)	if the gift or gifts were made on behalf of the members of an unincorporated association—
	(A)	the name of the association; and
	(B)	the names and addresses of the members of the executive committee (however described) of the association; or
	(ii)	if the gift or gifts were purportedly made out of a trust fund or out of the funds of a foundation—
	(A)	the names and addresses of the trustees of the fund or of the funds of the foundation; and
	(B)	the title or other description of the trust fund or the name of the foundation, as the case requires; or
	(iii)	in any other case—the name and address of the person who made the gift or gifts.
	(3)	A large gifts return need not be furnished in respect of a private gift made to the candidate.
24B—Disclosure period etc for returns
For the purposes of clauses 24 and 24A—
	(a)	the disclosure period is the period that commenced—
	(i)	in relation to a candidate in an election who was a new candidate (other than a candidate referred to in subparagraph (ii))—12 months before polling day for the election; or
	(ii)	in relation to a candidate in an election who was a new candidate and when they became a candidate in the election was a member of the Council by virtue of having been appointed under the Local Government Act 1999—on the day on which the person was so appointed as a member of the Council; or
	(iii)	in relation to a candidate in an election who was not a new candidate—at the end of 21 days after polling day for the last preceding election in which the person was a candidate,
and that ended, in any of the above cases, at the end of 21 days after polling day for the election; and
	(b)	a candidate is a new candidate, in relation to an election, if the person had not been a candidate in the last general election of a council and had not been a candidate at a supplementary election held after the last general election of a council; and
	(c)	2 or more gifts (excluding private gifts) made by the same person to a candidate during the disclosure period are to be treated as 1 gift; and
	(d)	a gift made to a candidate is a private gift if it is made in a private capacity to the candidate for their personal use and the candidate has not used, and will not use, the gift solely or substantially for a purpose related to an election.
	(24)	Schedule 1, clause 26(3)(b)(i)—delete ", other than a registered industrial organisation"
	(25)	Schedule 1, clause 27(c)—delete "chief executive" and substitute:
returning
	(26)	Schedule 1, clause 28(1)—delete "chief executive" and substitute:
returning
	(27)	Schedule 1, clause 28(2)(b)—delete "chief executive" and substitute:
returning
	(28)	Schedule 1, clause 28(3)—delete "chief executive" wherever occurring and substitute in each case:
returning
	(29)	Schedule 1, clause 30(1)—delete "chief executive" and substitute:
returning
Note—
The following Note will be inserted at the foot of clause 30(3):
"Note—
The office of a member of a council who fails to submit a return may become vacant under Chapter 5 Part 2 of the Local Government Act 1999."
	(30)	Schedule 1, clause 31(1) to (4)—delete subclauses (1) to (4) (inclusive) and substitute:
	(1)	The returning officer must keep at their principal office each return furnished to the returning officer under Division 2.
	(2)	The returning officer must—
	(a)	in the case of a large gifts return—within the prescribed period after the return is received by the returning officer; and
	(b)	in the case of a campaign donations return required to be furnished at the prescribed time applying under clause 23(3)(a)—within 7 days after that prescribed time; and
	(c)	in the case of a campaign donations return required to be furnished at the prescribed time applying under clause 23(3)(b)—within 8 weeks after that prescribed time; and
	(d)	in any other case—at the end of 8 weeks after the day before which the return was required to be furnished to the returning officer,
make a copy of each return available on a website maintained by the returning officer.
	(31)	Schedule 1, clause 31(5)—delete "chief executive" and substitute:
returning
	(32)	Schedule 1, clause 33(2)—delete "chief executive officer of the Council" and substitute:
returning officer

Part 5—Amendment of Crown Land Management Act 2009
197—Insertion of section 20A
After section 20 insert:
20A—Revocation of dedicated land classified as community land
If, in relation to dedicated land that is classified as community land under Chapter 11 Part 1 Division 3 of the Local Government Act 1999 (relevant land)—
	(a)	the dedication of the relevant land is revoked under section 19; or
	(b)	the relevant land is withdrawn from the care, control and management of a council under section 20,
the classification of the relevant land as community land under the Local Government Act 1999 is taken to be revoked (and such revocation has effect for the purposes of the Local Government Act 1999).

Part 6—Amendment of Equal Opportunity Act 1984
198—Amendment of section 87—Sexual harassment
Section 87(6e)—delete "an officer or employee of the council." and substitute:
—
	(a)	an officer or employee of the council; or
	(b)	another member of the council.

Part 7—Amendment of Independent Commissioner Against Corruption Act 2012
199—Amendment of section 5—Corruption, misconduct and maladministration
Section 5(6)—delete subsection (6) and substitute:
	(6)	A reference in subsection (3) to a code of conduct does not include—
	(a)	any statement of principles applicable in relation to the conduct of members of Parliament; or
	(b)	the behavioural standards, a behavioural management policy or behavioural support policy, or the employee behavioural standards under the Local Government Act 1999.
	(7)	To avoid doubt, the integrity provisions of the Local Government Act 1999 (within the meaning of section 4(1) of that Act) will—
	(a)	as they relate to members of councils, be taken to be a code of conduct for members of councils for the purposes of this Act; and
	(b)	as they relate to employees of councils, be taken to be a code of conduct for employees of councils for the purposes of this Act.

Part 8—Amendment of Planning, Development and Infrastructure Act 2016
200—Amendment of section 83—Panels established by joint planning boards or councils
Section 83—after subsection (2) insert:
	(2a)	Despite subsection (1)(e), a member of a council appointed as a member of an assessment panel is not required to disclose their financial interests in accordance with Schedule 1 while the member holds office as a member of a council.
201—Amendment of section 84—Panels established by Minister
Section 84—after subsection (1) insert:
	(1a)	Despite subsection (1)(f), a member of a council appointed as a member of an assessment panel is not required to disclose their financial interests in accordance with Schedule 1 while the member holds office as a member of a council.

Part 9—Amendment of Public Finance and Audit Act 1987
202—Amendment of section 4—Interpretation
Section 4(1), definition of authorised officer—delete "or to make an examination" and substitute:
or review, or to make an examination,
203—Amendment of section 30—Obligation to assist Auditor-General
Section 30—delete "or making an examination" and substitute:
or review, or making an examination,
204—Amendment of section 32—Audit etc of publicly funded bodies and projects and local government indemnity schemes
	(1)	Section 32(1)—delete subsection (1) and substitute:
	(1)	The Auditor-General may—
	(a)	audit the accounts of a publicly funded body and the controls exercised by a publicly funded body in relation to the receipt, expenditure and investment of money, the acquisition and disposal of property and the incurring of liabilities; or
	(b)	examine or review the accounts of a publicly funded body; or
	(c)	review the efficiency, economy and effectiveness of the activities of a publicly funded body; or
	(d)	examine or review accounts relating to a publicly funded project and review the efficiency, economy and effectiveness of the project; or
	(e)	examine or review accounts relating to a local government indemnity scheme and review the efficiency, economy and effectiveness of the scheme.
	(2)	Section 32(1a)—before "examination" wherever occurring insert in each case:
audit, review or
	(3)	Section 32(1b)—before "examination" insert:
audit, review or
	(4)	Section 32—after subsection (1b) insert:
	(1c)	A person to whom information or a document is provided by the Auditor‑General or an authorised officer in connection with an audit, review or examination under this section must not disclose the information or document except as authorised under subsection (1d).
Maximum penalty: $5 000 or imprisonment for 2 years.
	(1d)	Information or a document may be disclosed if—
	(a)	the disclosure is made with the consent of the person who provided the information; or
	(b)	the disclosure is authorised or required under any other Act or law; or
	(c)	the disclosure is authorised or required by a court or tribunal constituted by law; or
	(d)	the disclosure is authorised by regulation.
	(1e)	A person to whom a document containing a summary of findings of the Auditor‑General is provided in connection with an audit, review or examination under this section must not copy or otherwise reproduce the summary (in whole or part), except—
	(a)	as is necessary for the purposes of making submissions or comments to the Auditor‑General in relation to the audit, review or examination; or
	(b)	as is necessary for the purposes of obtaining legal advice in relation to the audit, review or examination; or
	(c)	as otherwise authorised by regulation or by the Auditor‑General.
Maximum penalty: $5 000 or imprisonment for 2 years.
	(5)	Section 32(2)—delete subsection (2) and substitute:
	(2)	After—
	(a)	conducting any audit or making any examination under subsection (1); or
	(b)	conducting a review under subsection (1) requested by the Treasurer or the Independent Commissioner Against Corruption,
the Auditor‑General must prepare a report setting out the results of the audit, review or examination.
	(6)	Section 32(3)—delete "the report" and substitute:
a report under subsection (2)
	(7)	Section 32(3)(a) to (c)—before "examination" wherever occurring insert in each case:
audit, review or
	(8)	Section 32—after subsection (3) insert:
	(4)	After conducting a review of a publicly funded body, publicly funded project or local government indemnity scheme under subsection (1) (other than a review requested by the Treasurer or the Independent Commissioner Against Corruption), the Auditor‑General may prepare a report setting out the results of the review.
	(5)	The following provisions apply to a report prepared under subsection (4):
	(a)	the Auditor‑General must deliver copies of the report to—
	(i)	any publicly funded body concerned in the review; and
	(ii)	the President of the Legislative Council and the Speaker of the House of Assembly;
	(b)	the Auditor‑General may deliver copies of the report to any other person the Auditor‑General thinks appropriate;
	(c)	the Auditor‑General may publish a copy of the report in such manner as the Auditor‑General thinks appropriate.
	(6)	A document or information (including data) may be annexed to a report under this section either by including a copy of the document or information in an annexure or by including in an annexure a reference to a website on which the document or information has been, or will be, published by the Auditor‑General.
205—Amendment of section 34—Powers of Auditor-General to obtain information
	(1)	Section 34(1)—delete "or make an examination" and substitute:
or review, or make an examination,
	(2)	Section 34(1)(c) and (d)—after "audit" wherever occurring insert in each case:
, review
206—Amendment of section 36—Auditor-General's annual report
	(1)	Section 36(1a)—after "documents" insert:
or information (including data)
	(2)	Section 36(3)—after "documents" insert:
or information (including data)
	(3)	Section 36(4)—after "A document" insert:
or information (including data)
	(4)	Section 36(4)—after "the document" wherever occurring insert in each case:
or information (including data)

Part 10—Amendment of South Australian Local Government Grants Commission Act 1992
207—Amendment of section 19—Information to be supplied to Commission
Section 19(3)—delete "Where" and substitute:
Subject to any relevant provision of the Commonwealth Act or an instrument under that Act, if