New South Wales Consolidated Acts

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Performance improvement order

438A Performance improvement order

(1) The Minister may issue an order in respect of a council if the Minister reasonably considers that action must be taken to improve the performance of the council.
(2) An order issued under this section is a
"performance improvement order" .
(3) A performance improvement order is to specify--
(a) the reasons why the Minister has decided to issue the order, and
(b) the actions that the Minister requires to be taken to improve the performance of the council.
(4) Actions to improve the performance of a council include any actions the Minister considers necessary to improve or restore the proper or effective functioning of the council.
(5) The order may require action to be taken by the council, by individual councillors, or both.
(6) A performance improvement order may require the quorum for a meeting of the council to be determined as specified by the Minister in the performance improvement order.
(6A) The Minister may vary a performance improvement order (and, if an order is varied, a reference in this Act to the order is a reference to the order as varied).
(7) A copy of the performance improvement order, or the variation of a performance improvement order, is to be served on the council.
(7A) The making of a performance improvement order, or the fact that such an order is in force, does not derogate from a power of the Minister or any other person to make any other order or take any other action under this Act.
(8) In relation to a performance improvement order, a reference to an action, or the taking of any action, includes a reference to doing any thing or refraining from doing any thing.

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