New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 354B

354B Definitions

(1) In this Part--

"boundary alteration" means an alteration of the boundaries of one or more areas by or under a proclamation under Chapter 9.

"existing staff member" of a transferee council means, in relation to a staff transfer occurring in connection with a boundary alteration, a person who was a member of the staff of the transferee council immediately before the transfer day and who has not ceased to be a member of that staff.

Note--: In the case of a staff transfer effected in connection with the amalgamation of areas under Chapter 9, no members of staff continue in the employment of the councils of the areas being amalgamated because all those areas are dissolved. The members of staff would become employees of the newly constituted council.

"former council" , in relation to a transferred staff member, means the council that employed the staff member immediately before the transfer day.

"proposal" means--

(a) a proposal made under section 215 to constitute one or more areas, or

(b) a proposal made under section 218E to amalgamate one or more areas, or

(c) a proposal made under section 218E to alter the boundaries of one of more areas.

"proposal period" means (subject to subsection (2)) the period--

(a) starting on the day the proposal is made, and

(b) ending on the following day--

(i) if the Minister decides not to proceed with the proposal--the day that decision is made under section 215 or 218E,

(ii) if the Minister refers the proposal to the Boundaries Commission or the Departmental Chief Executive but decides to decline to recommend to the Governor that the proposal be implemented--the day that decision is made,

(iii) if the Minister recommends to the Governor that the proposal be implemented--immediately before the date specified in the proclamation implementing the proposal.

"remaining staff member" of a transferor council means, in relation to a staff transfer occurring in connection with a boundary alteration, a person who was a member of the staff of the transferor council immediately before the transfer day and who has not ceased to be a member of that staff.

Note--: In the case of a staff transfer effected in connection with the amalgamation of areas under Chapter 9, no members of staff continue in the employment of the councils of the areas being amalgamated because all those areas are dissolved. The members of staff would become employees of the newly constituted council.

"rural centre" means a centre of population of 5,000 people or fewer, and includes a geographical area that is prescribed, or is of a kind prescribed, by regulations in force for the purposes of this definition as being a rural centre.

"staff transfer" means a transfer of staff from the employment of one council to the employment of another council by or under a proclamation under Chapter 9.

"transfer day" , in relation to a staff transfer, means the day on which the staff concerned were transferred from the employment of one council to the employment of another council.

"transferee council" , in relation to a staff transfer, means the council into whose employment the staff concerned were transferred on the transfer day.

"transferor council" , in relation to a staff transfer, means the council from whose employment the staff concerned were transferred on the transfer day.

"transferred staff member" means a member of the staff of a council who is transferred to the employment of another council by or under a proclamation under Chapter 9.

"work base" means the office, depot or other place of work at or from which any staff work.

(2) The Minister may, by notice in writing to a council, extend the proposal period in relation to that council by determining an earlier date for the start of the period than the date the proposal is made under section 215 or 218E.