South Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LOCAL GOVERNMENT ACT 1999 - SECT 126A

126A—Regional audit and risk committee

        (1)         Two or more councils may establish a regional audit and risk committee.

        (2)         The purpose of a regional audit and risk committee established by 2 or more councils is to provide independent assurance and advice to those councils on accounting, financial management, internal controls, risk management and governance matters.

        (3)         The following provisions apply to the membership of a regional audit and risk committee:

            (a)         the majority of the members of the committee must be persons who are not members of any council;

            (b)         the members of the committee (when considered as a whole) must have skills, knowledge and experience relevant to the functions of the committee, including in financial management, risk management, governance and any other prescribed matter;

            (c)         the membership of the committee—

                  (i)         may not include an employee of the constituent councils (although an employee may attend a meeting of the committee if appropriate); and

                  (ii)         may include, or be comprised of, members of a council audit and risk committee or another regional audit and risk committee; and

                  (iii)         must otherwise be determined in accordance with the requirements of the regulations.

        (4)         The functions of regional audit and risk committee include—

            (a)         reviewing annual financial statements to ensure that they present fairly the state of affairs of the constituent councils; and

            (b)         proposing, and providing information relevant to, a review of the constituent councils' strategic management plans or annual business plans; and

            (c)         monitoring the responsiveness of the constituent councils to recommendations for improvement based on previous audits and risk assessments, including those raised by a constituent council's auditor; and

            (d)         proposing, and reviewing, the exercise of powers under section 130A; and

            (e)         liaising with the constituent councils' auditors in accordance with any requirements prescribed by the regulations; and

            (f)         reviewing the adequacy of the accounting, internal control, reporting and other financial management systems and practices of the constituent councils on a regular basis; and

            (g)         —

                  (i)         in relation to a constituent council that has an internal audit function—

                        (A)         providing oversight of planning and scoping of the internal audit work plan; and

                        (B)         reviewing and commenting on reports provided by the person primarily responsible for the internal audit function at least on a quarterly basis; or

                  (ii)         in relation to a constituent council that does not have an internal audit function, reviewing and commenting on an annual report provided by the chief executive officer in relation to the policies and processes adopted by the council to evaluate and improve the effectiveness of its internal control practices and procedures; and

            (h)         reviewing and evaluating the effectiveness of policies, systems and procedures established and maintained for the identification, assessment, monitoring, management and review of strategic, financial and operational risks on a regular basis; and

                  (i)         reviewing any report obtained by a constituent council under section 48(1); and

            (j)         performing any other function determined by the constituent councils or prescribed by the regulations.

        (5)         There must be at least 1 meeting of a regional audit and risk committee in each quarter.

        (6)         Subject to this Act, the procedure to be observed at a meeting of a regional audit and risk committee will be—

            (a)         as prescribed by regulation; or

            (b)         insofar as the procedure is not prescribed by regulation—as determined by the committee.

        (7)         Without limiting subsection (6)(a), regulations under that subsection may provide for circumstances in which the public may be excluded from attendance at a meeting of a regional audit and risk committee.

        (8)         A regional audit and risk committee must—

            (a)         provide a report to the constituent councils after each meeting summarising the work of the committee during the period preceding the meeting and the outcomes of the meeting; and

            (b)         provide an annual report to the constituent councils on the work of the committee during the period to which the report relates.

        (9)         Each constituent council of a regional audit and risk committee must ensure that the annual report of the committee is included in its annual report.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback