New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 438HB

438HB Appointment of financial controller

(1) If the Minister issues a performance improvement order in respect of a council, the Minister may appoint a person as a financial controller to the council.

(2) A financial controller may be appointed in the performance improvement order or by subsequent order of the Minister served on the council.

(3) The regulations may make provision for or with respect to the criteria to be considered by the Minister in deciding whether to appoint a financial controller.

(4) If a financial controller is proposed to be appointed in a subsequent order and notice of the appointment was not given when notice of the performance improvement order was given, section 438C (other than section 438C(2)) applies to the proposed appointment as if it were a proposed performance improvement order.

(5) A financial controller may be appointed on the recommendation of the council or on the Minister's own initiative, but only after the Minister has considered any criteria prescribed by the regulations.

(6) The principal functions of a financial controller are as follows--

(a) to implement financial controls, and other functions relating to council finances, as specified by a performance improvement order or a subsequent order appointing the financial controller,

(b) any other related or ancillary functions specified in the order appointing the financial controller.

(7) A financial controller is appointed for the term specified in the instrument by which he or she is appointed. The term must not exceed the period for compliance with the performance improvement order.

(8) A financial controller must be paid a salary determined by the Minister from the council's funds.

(9) The Minister may terminate a financial controller's appointment at any time.

(10) A person may be appointed as both a financial controller and a temporary adviser.