South Australian Current Acts

LOCAL GOVERNMENT ACT 1999 - SECT 272

272—Minister may refer investigation of council to Ombudsman

        (1)         The Minister may refer to the Ombudsman for investigation and report a matter in respect of which the Minister has reason to believe that—

            (a)         a council has contravened or failed to comply with this or another Act; or

            (b)         a council has failed to discharge a responsibility under this or another Act; or

            (c)         an irregularity has occurred in the conduct of the affairs of a council (in relation to matters arising under this or another Act).

        (2)         The referral may be made on the basis of a report received under this Act from an auditor or on any other basis.

        (3)         Before referring a matter, the Minister must give the council a reasonable opportunity to explain its actions and make submissions unless the Minister considers that the giving of notice would be likely to undermine the investigation of the matter.

        (4)         The Ombudsman must, at the request of the Minister, provide to the Minister an interim report relating to the investigation, or to any aspect of the investigation specified by the Minister.

        (5)         The Minister must supply the council with a copy of an interim report and give the council a reasonable opportunity to make submissions to the Minister in relation to the matter unless the Minister considers that providing the report or such an opportunity would be likely to undermine the investigation.