New South Wales Consolidated Acts

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LOCAL GOVERNMENT ACT 1993 - SECT 438C

Minister to give notice of intention to issue or vary performance improvement order

438C Minister to give notice of intention to issue or vary performance improvement order

(1) The Minister is to give a council notice in writing of his or her intention to issue or vary a performance improvement order in respect of the council.
(2) If it is proposed to issue a performance improvement order, the notice is to specify the following--
(a) the terms of the proposed performance improvement order, including the period for compliance with the order and any proposed appointment of a financial controller,
(b) the reasons why it is proposed to issue the performance improvement order (including any evidence supporting the Minister's opinion that improvement is required),
(c) the actions that may be taken by the Minister if the performance improvement order is not complied with.
(2A) If it is proposed to vary a performance improvement order, the notice is to specify the following--
(a) the terms of the proposed variation,
(b) the reasons why it is proposed to vary the order.
(3) The notice must invite the council to make submissions in respect of the proposed performance improvement order or variation within a consultation period specified in the notice.
(4) The notice is to specify a consultation period of not less than 7 days from the date the notice is served on the council.
(5) The Minister is to have regard to any submissions made by the council during the consultation period in deciding--
(a) whether to issue the proposed performance improvement order or proposed variation, and
(b) whether any changes should be made to the terms of the proposed performance improvement order or proposed variation.
(6) The Minister is not required to give notice to a council of his or her intention to issue or vary a performance improvement order in respect of the council if--
(a) the council is suspended under Part 7, or
(b) the order is issued or varied in response to the results of a public inquiry in relation to a council.



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