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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 87
As laid on the table and read a first time, 3 March 2005
South Australia
Local
Government (Financial Management and Rating) Amendment Bill 2005
A Bill For
An
Act to amend the Local Government Act 1999 and to make related
amendments to the City of Adelaide Act 1998 and the Rates and
Land Tax Remission Act 1986.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Local
Government Act 1999
4 Amendment of section 44—Delegations
5 Amendment of section 122—Strategic
management plans
6 Substitution of Chapter 8 Part 2
Part 2—Annual business plans and budgets
123 Annual business plans and budgets
7 Amendment of section 125—Internal
control policies
8 Amendment of section 129—Conduct of
annual audit
9 Amendment of section 130—CEO to
assist auditor
10 Insertion of new Division
Division 5—Other
investigations
130A Other investigations
11 Amendment of section 132—Access to
documents
12 Insertion of new Part
Part 6—Related administrative standards
132A Related administrative standards
13 Substitution of section 150
150 General principles
14 Amendment of section 151—Basis of
rating
15 Amendment of section 152—General rates
16 Amendment of section 153—Declaration
of general rate (including differential general rates)
17 Amendment of section 154—Separate
rates
18 Amendment of section 155—Service rates
and service charges
19 Amendment of section 156—Basis of
differential rates
20 Amendment of section 158—Minimum rates
and special adjustments for specified values
21 Amendment of section 166—Discretionary
rebates of rates
22 Repeal of section 171
23 Amendment of section 181—Payment of
rates—general principles
24 Amendment of section 182—Remission and
postponement of payment
25 Insertion of section 182A
182A Postponement of rates—Seniors
26 Insertion of section 187A
187A Administrative audits by Ombudsman
187B Investigation by Ombudsman
27 Amendment of section 270—Council to
establish grievance procedures
28 Variation of Schedule 4
29 Variation of Schedule 5
Schedule 1—Related amendments and transitional provisions
Part 1—Amendment of City of
Adelaide Act 1998
1 Repeal of sections 32 and 33
2 Amendment of section 34—Financial
reporting
Part 2—Amendment of Rates and
Land Tax Remission Act 1986
3 Amendment of section 3—Interpretation
4 Amendment of Schedule 1
5 Amendment of
Schedule 4
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Local Government (Financial
Management and Rating) Amendment Act 2005.
This Act will come into operation on a day to be fixed by
proclamation.
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 44—Delegations
(1) Section 44(3)(d)—delete paragraph (d) and
substitute:
(d) power
to adopt or revise a strategic management plan of the council;
(da) power
to adopt or revise an annual business plan or budget of the council;
(2) Section 44(3)(e)—delete
"approved" and substitute:
adopted
5—Amendment of section 122—Strategic management plans
(1) Section 122(1)(a)—delete "specified
period" and substitute:
period of at least 4 years
(2) Section 122(1)—after paragraph (a) insert:
(ab) provide
assessments that relate to the following matters (with particular reference to
the relevant period):
(i) the
sustainability of the council's financial performance and position; and
(ii) the
extent or levels of services that will be required to be provided by the
council to achieve its objectives; and
(iii) the
extent to which any infrastructure will need to be maintained, replaced or
developed by the council; and
(iv) anticipated
changes in its area with respect to—
(A) real
property development; and
(B) demographic
characteristics of its community; and
(v) the
council's proposals with respect to debt levels; and
(vi) any
anticipated or predicted changes in any factors that make a significant
contribution to the costs of the council's activities or operations; and
(3) Section
122(1)(c)—delete paragraph (c)
(4) Section 122(1)(d)—after "the
performance of the council" insert:
against its objectives
(5) Section 122(1)(e) and (f)—delete paragraphs
(e) and (f) and substitute:
(e) identify
the means by which its activities are to be carried out and its objectives
achieved; and
(6) Section 122(1)—after paragraph (h) insert:
(i) address
or include any other matter prescribed by the regulations.
(7) Section 122—after subsection (1) insert:
(1a) A council must, in conjunction with the
plans required under subsection (1), develop and adopt—
(a) a
long-term financial plan for a period of at least 10 years; and
(b) an
infrastructure and asset management plan, relating to the management and
development of infrastructure and major assets by the council for a period of
at least 10 years,
(and these plans will also be taken to form part of the council's
strategic management plans).
(8) Section 122(3) and (4)—delete subsections
(3) and (4) and substitute:
(3) In addition to the requirements of
subsection (2), a council must, in formulating its strategic management
plans, have regard to—
(a) the
council's roles and responsibilities under this or any other Act; and
(b) the
council's objectives for its area.
(4) A council may review its strategic management
plans under this section at any time but must—
(a) undertake
a review of—
(i) its
long-term financial plan; and
(ii) any
other elements of its strategic management plans prescribed by the regulations
for the purposes of this paragraph,
as soon as practicable after adopting the council's annual
business plan for a particular financial year; and
(b) in
any event, undertake a comprehensive review of its strategic management plans
on at least one occasion between each general election of the council.
(4a) A council must, for the purposes of a review
under subsection (4), take into account—
(a) in
relation to a review under subsection (4)(a)(i)—a report from the chief
executive officer on the sustainability of the council's long-term financial
performance and position taking into account the provisions of the council's
annual business plan and strategic management plans; and
(b) insofar
as may be relevant—any other material prescribed by the regulations.
6—Substitution of Chapter 8 Part 2
Chapter 8 Part 2—delete Part 2 and
substitute:
Part 2—Annual
business plans and budgets
123—Annual
business plans and budgets
(1) A council must have, for each financial
year—
(a) an
annual business plan; and
(b) a
budget.
(2) Each annual business plan of a council must—
(a) include
a summary of the council's long-term objectives (as set out in its strategic
management plans); and
(b) include
an outline of—
(i) the
council's objectives for the financial year; and
(ii) the
activities that the council intends to undertake to achieve those objectives;
and
(iii) the
measures (financial and non-financial) that the council intends to use to
assess the performance of the council against its objectives over the financial
year; and
(c) assess
the financial requirements of the council for the financial year and, taking
those requirements into account, set out a summary of its proposed operating
expenditure, capital expenditure and sources of revenue; and
(d) set
out the rates structure and policies for the financial year; and
(e) assess
the impact of the rates structure and policies on the community based on
modelling that has been undertaken or obtained by the council; and
(f) take
into account the council's long-term financial plan and relevant issues
relating to the management and development of infrastructure and major assets
by the council; and
(g) address
or include any other matter prescribed by the regulations.
(3) Before a council adopts an annual business
plan, the council must—
(a) prepare
a draft annual business plan; and
(b) follow
the relevant steps set out in its public consultation policy.
(4) For the purposes of subsection (3)—
(a) the
council must consider whether the consultation to be undertaken should include
one or more public meetings to consider the draft annual business plan; and
(b) in
any event, the council must ensure that copies of the draft annual business
plan are available for inspection (without charge) or purchase (on payment of a
fee fixed by the council) by the public at the principal office of the council
for a period of at least 21 days before the end of the period for public
consultation.
(5) A council may then, after considering—
(a) any
submission made to the council during the public consultation period; and
(b) any
new or revised information in the possession of the council that is relevant to
the material contained in the draft annual business plan; and
(c) such
other materials or information as the council thinks fit,
adopt its annual business plan (with or without amendment).
(6) Each budget of a council must—
(a) be
considered in conjunction with the council's annual business plan (and must be
consistent with that plan, as adopted); and
(b) be
adopted by the council after the council has adopted its annual business plan.
(7) An
annual business plan and a budget must be adopted by a council after
31 May for the ensuing financial year and, except in a case involving
extraordinary administrative difficulty, before 31 August for the financial
year.
(8) A council must, after adopting an annual
business plan and a budget—
(a) ensure—
(i) that
a summary of the annual business plan is prepared so as to assist in promoting
public awareness of its rating and financial management policies, taking into
account its objectives and activities for the ensuing financial year; and
(ii) that
a copy of the summary accompanies the first rates notice sent to ratepayers
after the declaration of its rates for the financial year; and
(b) ensure—
(i) that
copies of the annual business plan and the budget (as adopted) are available
for inspection (without charge) or purchase (on payment of a fee fixed by the
council); and
(ii) that
copies of the summary are available for inspection and to take (without
charge),
at the principal office of the council.
(9) The regulations may prescribe requirements
with respect to the preparation, form and contents of—
(a) an
annual business plan (including a draft for the purposes of public
consultation), and the summary required under subsection (8); and
(b) a
budget.
(10) Subject
to complying with a preceding subsection, any relevant document under this
section will be in a form determined by the council.
(11) A
council must, as required by the regulations, and may at any time, reconsider
its annual business plan or its budget during the course of a financial year
and, if necessary or appropriate, make any revisions.
(12) A
rate cannot be challenged on a ground based on non-compliance with this
section, or on a ground based on the contents of a document prepared or adopted
by a council for the purposes of this section.
7—Amendment of section 125—Internal control policies
Section 125—after "an efficient and
orderly manner" insert:
to achieve its objectives
8—Amendment of section 129—Conduct of annual audit
(1) Section 129—after subsection (5) insert:
(5a) The auditor will provide the reports under subsections
(3) and (4)—
(a) to
the principal member of the council (who must ensure that copies are provided
to the other members of the council before the next meeting of the council);
and
(b) to
the council's audit committee (if applicable).
(2) Section
129(9)—delete subsection (9)
9—Amendment of section 130—CEO to assist auditor
Section 130(1)—delete subsection (1) and
substitute:
(1) The
chief executive officer must, at the request of the auditor of the council, produce
to the auditor for inspection the accounts, accounting records and other
documents relating to the financial affairs or internal controls of the
council, or to any other matter that is being examined or considered by the
auditor.
After section 130 insert:
Division 5—Other
investigations
130A—Other
investigations
(1) A
council may, as it thinks fit, request its auditor, or some other person
determined by the council to be suitably qualified in the circumstances, to
examine and report on any matter relating to financial management, or the
efficiency and economy with which the council manages or uses its resources to
achieve its objectives, that would not otherwise be addressed or included as
part of an annual audit under Division 4.
(2) An examination and report under
subsection (1) may be requested—
(a) if
appropriate, on the basis that it will be conducted in conjunction with an
annual audit; or
(b) on
the basis that it will be conducted as a separate examination and report.
(3) The chief executive officer must, at the
request of a person conducting an examination under subsection (1)—
(a) produce
to the person for inspection any documents relevant to the examination;
(b) provide to the person explanations or
information required by the person.
Maximum penalty: $10 000.
(4) The report on an examination must be
provided—
(a) to
the principal member of the council (who must ensure that copies are provided
to the other members of the council before the next meeting of the council);
and
(b) to
the council's audit committee (if applicable).
11—Amendment of section 132—Access to documents
(1) Section
132(3)(d)—delete ", rating policy"
(2) Section 132(3)—after paragraph (d) insert:
(da) the
council's draft annual business plan, annual business plan (as adopted by the
council) and the summary of the annual business plan required under Part 2 of
this Chapter;
(db) the
council's budget (as adopted by the council for a particular year);
Chapter 8—after Part 5 insert:
Part 6—Related
administrative standards
132A—Related
administrative standards
A council must ensure that appropriate
policies, practices and procedures are implemented and maintained in order—
(a) to
ensure compliance with any statutory requirements; and
(b) to
achieve and maintain standards that reflect good administrative practices.
13—Substitution of section 150
Section 150—delete section 150 and
substitute:
150—General
principles
A council should, when making and adopting
policies and determinations concerning rates under this Act, take into account
the following principles:
(a) rates
constitute a system of taxation for local government purposes (generally based
on the value of land);
(b) rating
policies should make reasonable provision with respect to strategies to provide
relief from rates (where appropriate), and any such strategies should avoid
narrow or unreasonably restrictive criteria and should not require ratepayers
to meet onerous application requirements;
(c) the
council should, in making any decision, take into account the financial effects
of the decision on future generations,
(but a challenge to a rate cannot be based on the extent to which
a council has (or has not) applied these principles).
14—Amendment of section 151—Basis of rating
(1) Section
151(1)(b)—delete paragraph (b)
(2) Section 151(8)—delete "seven days
before the date of that meeting" and substitute:
21 days before the end of the period for public consultation
(3) Section 151—after subsection (8) insert:
(8a) Subject to complying with the requirements
of this section—
(a) a
report required under subsection (5)(d) may form part of the council's
draft annual business plan (and that plan as adopted); and
(b) the
public consultation required under subsection (7) may be undertaken as
part of the public consultation required with respect to the council's draft
annual business plan.
(4) Section
151(10)—delete subsection (10)
15—Amendment of section 152—General rates
(1) Section
152(1)(b)—delete paragraph (b)
(2) Section
152(2)—delete "(b) or"
16—Amendment of section 153—Declaration of general rate (including differential general rates)
(1) Section
153(1)(b)—delete "(unless the council has based its general rates entirely
on a fixed charge)"
(2) Section 153(3)—delete subsection (3) and
substitute:
(3) A
council must, in declaring a general rate under this section, determine whether
it will fix a maximum increase in the general rate to be charged on any
rateable land within its area that constitutes the principal place of residence
of a council ratepayer (and a council is, by force of this subsection,
authorised to fix such a maximum).
(4) For the purposes of subsection (3)—
(a) any
maximum increase may be set according to such method as the council thinks fit;
and
(b) the
council may fix conditions that may apply in order to qualify for the benefit
of a maximum increase (including that some or all of any increase in the
general rate for particular land is not attributable to a change in the
valuation of the land due to development that has been undertaken in relation
to the land).
(5) A council must not—
(a) declare
a general rate until after it has adopted its annual business plan and its
budget for the financial year to which the rate relates; and
(b) except
in a case involving extraordinary administrative difficulty, declare a general
rate for a particular financial year after 31 August in that financial year.
17—Amendment of section 154—Separate rates
(1) Section
154(2)(b)—delete "under or with the approval of the Minister,"
(2) Section 154(2)—after paragraph (b) insert:
(c) a
fixed charge.
(3) Section
154(3)—delete subsection (3)
18—Amendment of section 155—Service rates and service charges
(1) Section 155(1), definition of prescribed
service, paragraph (a)—delete paragraph (a) and substitute:
(a) the
treatment or provision of water;
(2) Section 155(1), definition of prescribed
service—after paragraph (b) insert:
(ba) a
television transmission (or retransmission) service;
(3) Section 155(3)—delete subsection (3) and
substitute:
(3) A service rate, or annual service charge,
may vary—
(a) according
to whether the land to which it applies is vacant or occupied; or
(b) according
to any other factor prescribed by the regulations and applied by the council.
(4) Section 155(4)—delete "service
charge" and substitute:
annual service charge
(5) Section 155(5)—delete "service
charge" and substitute:
annual service charge
(6) Section 155(8)—after "or other
person" insert:
(but nothing in this subsection affects the ability to declare
differential charges in accordance with subsection (3))
(7) Section 155—after subsection (9) insert:
(10) A
council may declare a service rate or an annual service charge in respect of a
particular prescribed service despite the fact that the service is provided on
behalf of the council by a third party.
19—Amendment of section 156—Basis of differential rates
(1) Section 156(7)—delete subsection (7) and
substitute:
(7) A
differentiating factor based on the locality of the land must comply with any
requirement or principle prescribed by the regulations.
(2) Section
156(14c)—delete subsection (14c)
(3) Section 156(14e)—delete "seven day
before the date of that meeting" and substitute:
21 days before the end of the period for public consultation
(4) Section 156—after subsection (14e) insert:
(14ea) Subject to complying with the requirements of
this section—
(a) a
report required under subsection (14a)(a) may form part of the council's
draft annual business plan (and that plan as adopted), or a report prepared for
the purposes of section 151(5)(d); and
(b) the
public consultation required under subsection (14d) may be undertaken as part
of the public consultation required with respect to the council's draft annual
business plan, or the public consultation under subsection 151(7).
(5) Section
156(15)—delete subsection (15)
20—Amendment of section 158—Minimum rates and special adjustments for specified values
(1) Section 158(1)(a)—delete paragraph (a) and
substitute:
(a) fix
a minimum amount payable by way of rates or charges under this Part (which may
vary according to factors prescribed by the regulations);
(2) Section
158(2)(e)—delete "or based its general rates entirely on a fixed
charge"
(3) Section 158(3)—delete "this
section" and substitute:
subsection (2)
(4) Section 158—after subsection (3) insert:
(4) Subsection
(2) does not apply in relation to a service rate or annual service charge.
(5) However,
the ability to fix a minimum amount payable by way of a service rate or annual
service charge will apply subject to any restriction, limitation or condition
made by the regulations (including a provision that only allows the fixing of a
minimum amount in prescribed circumstances).
21—Amendment of section 166—Discretionary rebates of rates
(1) Section 166(1)—after paragraph (l) insert:
(m) where
the rebate is considered by the council to be appropriate to provide relief in
order to avoid what would otherwise constitute—
(i) a
liability to pay a rate or charge that is inconsistent with the liabilities
that were anticipated by the council in its annual business plan; or
(ii) a
liability that is unfair or unreasonable;
(n) where
the rebate is to give effect to a review of a decision of the council under
Chapter 13 Part 2;
(o) where
the rebate is contemplated under another provision of this Act.
(2) Section 166—after subsection (3a) insert:
(3b) A
council should give reasonable consideration to the granting of rebates under
this section and should not adopt a policy that excludes the consideration of
applications for rebates on their merits.
Section 171—delete the section
23—Amendment of section 181—Payment of rates—general principles
(1) Section 181(1) to (7) (inclusive)—delete
subsections (1) to (7) and substitute:
(1) Subject
to this section, rates declared or payable in respect of a particular financial
year will fall due in 4 equal or approximately equal instalments payable in the
months of September, December, March and June of the financial year for which
the rates are declared.
(2) The
day on which each instalment falls due will be determined by the council.
(3) If
a council declares a general rate for a particular financial year after 31
August in that financial year, the council may adjust the months in which
instalments would otherwise be payable under subsection (1) (taking into
account what is reasonable in the circumstances).
(4) Despite a preceding subsection—
(a) a
person may elect to pay any instalment of rates in advance; and
(b) a
council and a principal ratepayer may agree that rates will be payable in such
instalments falling due on such days as may be specified in the agreement (and
that ratepayer's rates will then be payable accordingly).
(5) A council must, in relation to each
instalment of rates, send a rates notice to the principal ratepayer shown in
the assessment record in respect of the land setting out—
(a) the
amount of the instalment; and
(b) the
date on which it falls due or, in a case where payment is to be postponed under
another provision of this Act, the information prescribed by the regulations.
(6) For the purposes of subsection (5),
the notice is to be sent—
(a) by
post or similar form of delivery, to the address shown in the assessment
record; or
(b) by
agreement between the council and the principal ratepayer, by electronic
communication, to an electronic address nominated by the principal ratepayer.
(7) A
notice under subsection (5) must be sent at least 30 days but not more
than 60 days before an instalment falls due.
(7a) A
council may, as part of an agreement under subsection (4)(b), vary the
period for the provision of a notice under subsection (7).
(2) Section 181(8)(c)—delete "but
excluding" and substitute:
and including
(3) Section 181—after subsection (8) insert:
(8a) Subsection
(8) does not apply with respect to the postponement of the payment of rates
under another section of this Act (while the postponement is occurring in
accordance with the relevant section).
(4) Section 181(11)—delete subsection (11) and
substitute:
(11) A council may grant discounts or other
incentives in order to encourage—
(a) the
payment of instalments of rates in advance; or
(b) prompt
payment of rates.
(5) Section 181(12)(a)—delete "subsection
(2)(a) or (b)" and substitute:
subsection (1)
(6) Section 181(12)(b)—delete "subsection
(5)" and substitute:
subsection (4)(b)
(7) Section
181(14)—delete subsection (14)
(8) Section
181(16)—delete subsection (16)
24—Amendment of section 182—Remission and postponement of payment
(1) Section 182(1)(a)—after "payment"
insert:
in whole or in part
(2) Section 182—after subsection (7) insert:
(8) Nothing
in this section applies with respect to the postponement of rates under
section 182A.
After section 182 insert:
182A—Postponement
of rates—Seniors
(1) Subject to complying with the requirements
of this section, a person is entitled to a postponement of the payment of rates
under this section if—
(a) the
person is a prescribed ratepayer, or is the spouse of a prescribed ratepayer;
and
(b) the
rates are payable on land that is the principal place of residence of the
prescribed ratepayer; and
(c) the
land is owned by—
(i) the
principal ratepayer; or
(ii) the
principal ratepayer and his or her spouse,
(and no other person has an interest (as owner) in the land).
(2) A
person who is entitled to a postponement of rates under this section must apply
to the council for a postponement (in whole or in part).
(3) An
application under subsection (2) may have effect for future financial
years but cannot relate to a preceding financial year.
(4) An
application must be made in the prescribed manner and form and be accompanied
by such information as the council may reasonably require.
(5) A
council may, in granting a postponement, impose any condition determined by the
council (subject to complying with any requirement prescribed by the
regulations).
(6) Any rates that are within the ambit of a
postponement under this section with respect to a particular financial year
will become due and payable—
(a) when
title to the relevant land is transferred to another person; or
(b) in
the event of a failure to comply with a condition that applies under
subsection (5),
(and will not be payable before this time even if rates declared
with respect to a subsequent financial year are not to be postponed due to a
change in circumstances).
(7) If
a postponement of the payment of rates occurs under this section, interest will
accrue on the amount affected by the postponement at the prescribed rate per
month (applied with respect to the amount postponed and compounded on a monthly
basis) until the amount is paid.
(8) Nothing
in subsection (6) prevents the payment of the relevant rates in whole or
in part (together with any interest that has accrued under subsection (7))
at an earlier time.
(9) If rates that are within the ambit of a
postponement under this section become due and payable under
subsection (6), the following provisions will apply in connection with the
liability to pay the rates (and any interest that has accrued under
subsection (7)):
(a) in
a case where subsection (6)(a) applies—the rates (and interest) will be
taken to be a charge over the land that ranks—
(i) after—
(A) any
liability to the Crown for rates, charges or taxes; and
(B) any
prescribed liability to the Crown in respect of the land; and
(C) any
mortgage, encumbrance or charge registered before the commencement of this
section; and
(ii) before—
(A) any
mortgage, encumbrance or charge registered after the commencement of this
section (even if the registration occurs before the charge arises); and
(B) any
mortgage, encumbrance or charge that is not registered in respect of the land
(even if in existence before the commencement of this section or before the
charge arises); and
(C) any
other interest or liability of a prescribed kind,
(and the charge will attach to the land until it is discharged);
(b) in
a case where subsection (6)(b) applies—the rates (and interest) will be
taken to be rates in arrears from the date of the failure to comply with the
relevant condition (and to be recoverable as such under this Act).
(10) If a person has applied for the benefit of
this section and an entitlement to a postponement ceases to exist, the owner of
the land must, within the period prescribed by the regulations, inform the
council in writing of that fact (unless the liability to the relevant rates has
been discharged).
Maximum penalty: $5 000.
(11) A person must not make a false or misleading
statement or representation in an application made (or purporting to be made)
under this section.
Maximum penalty: $10 000.
(12) The
Governor may, by regulation, make any other provision relating to the operation
or administration of this section.
(13) In this section—
prescribed rate is an amount calculated as follows:
where
P
is the prescribed rate
CADR is the cash advance debenture rate for any relevant financial
year;
prescribed ratepayer means a person who holds a current State Seniors Card
issued by the State Government, or who has the qualifications to hold such a
card and has applied for the card but has yet to be issued with the card.
After section 187 insert:
187A—Administrative
audits by Ombudsman
(1) The
Ombudsman may, if the Ombudsman considers it to be in the public interest to do
so, conduct a review of the rating practices and procedures (or any aspect of
such practices or procedures) of 1 or more councils under this Part.
(2) The
Ombudsman may, in carrying out a review under this section, exercise the powers
of the Ombudsman under the Ombudsman Act 1972 as if carrying out an
investigation under that Act, subject to such modifications as may be
necessary, or as may be prescribed.
(3) At
the conclusion of a review under this section, the Ombudsman may prepare a
report on any aspect of the review.
(4) A
report may make recommendations to a council or councils.
(5) The Ombudsman must supply a copy of any
report to—
(a) the
Minister; and
(b) any
council that was under review,
and may also publish any report, a part of any report, or a
summary of any report, in such manner as the Ombudsman thinks fit.
(6) The
Minister may also publish any report, a part of any report, or a summary of any
report, in such manner as the Minister thinks fit.
(7) This
section does not limit powers of investigation under other provisions of this
or another Act.
187B—Investigation
by Ombudsman
(1) The
Ombudsman may, on receipt of a complaint or on his or her own initiative, carry
out an investigation under this section if it appears to the Ombudsman that a
council's declaration of any rate or service charge under this Part may have
had an unfair or unreasonable impact on a particular ratepayer.
(2) The
Ombudsman may, in carrying out an investigation under this section, exercise
the powers of the Ombudsman under the Ombudsman Act 1972 as if
carrying out an investigation under that Act.
(3) If
at the conclusion of an investigation under this section the Ombudsman makes an
adverse finding against the council, the Ombudsman must prepare a written
report on the matter.
(4) The
report may make recommendations to the council.
(5) The
Ombudsman must supply the council with a copy of the report, and may also
publish the report, a part of the report, or a summary of the report, in such
manner as the Ombudsman thinks fit.
(6) If the report makes any recommendations as
to action that should be taken by the council, the council must, within 2
months after the receipt of the report, provide a written response to—
(a) the
Ombudsman; and
(b) if
relevant, the person who made the complaint.
(7) Without
limiting the operation of any other section, a council may grant a rebate or
remission of any rate or service charge, or of any charge, fine or interest
under this Part, if the Ombudsman recommends that the council do so on the
ground of special circumstances pertaining to a particular ratepayer.
(8) This
section does not limit other powers of investigation under other provisions of
this or another Act.
27—Amendment of section 270—Council to establish grievance procedures
(1) Section 270(2)—after paragraph (c) insert:
(ca) in
the case of applications that relate to the impact that any declaration of
rates or service charges may have had on ratepayers—the provision to be made to
ensure that these applications can be dealt with promptly and, if appropriate,
addressed through the provision of relief or concessions under this Act;
(2) Section 270—after subsection (7) insert:
(8) A council must, on an annual basis,
initiate and consider a report that relates to—
(a) the
number of applications for review made under this section; and
(b) the
kinds of matters to which the applications relate; and
(c) the
outcome of applications under this section; and
(d) such
other matters as may be prescribed by the regulations.
(9) The
right of a council to recover rates is not suspended by an application for the
provision of some form of relief or concession with respect to the payment of
those rates (but a council may then, if appropriate in view of the outcome of
the application, refund the whole or a part of any amount that has been paid).
(1) Schedule
4, clause 1(d)—delete paragraph (d)
(2) Schedule 4, clause 2—after paragraph (a)
insert:
(ab) the
council's performance against its annual business plan for the relevant
financial year;
(1) Schedule 5—after "· Strategic
management plans" insert:
· Annual
business plan (after adoption by council) and the summary required under this
Act
(2) Schedule
5—delete "Rating policy"
(3) Schedule 5—after "(Chapter 13 Part 2)
insert:
and any report under section 270(8)
Schedule 1—Related amendments and transitional provisions
Part 1—Amendment
of City of Adelaide Act 1998
1—Repeal of sections 32 and 33
Sections 32 and 33—delete the sections
2—Amendment of section 34—Financial reporting
(1) Section 34(2)—delete "corporate plan,
rating policy" and substitute:
annual business plan, rating policies
(2) Section 34(3)—delete "corporate plan,
rating policy" and substitute:
annual business plan, rating policies
Part 2—Amendment
of Rates and Land Tax Remission Act 1986
3—Amendment of section 3—Interpretation
Section 3, definition of rates,
(a)—delete paragraph (a) and substitute:
(a) any
rates or charges payable under the Local Government Act 1999 for
the provision of water or the removal of sewerage; and
Delete "Local Government
Act 1934" and substitute:
Delete "Local Government
Act 1934" and substitute: