South Australian Current Acts South Australian Current Acts31—Inquiries—general proposals
(1) The
Commission—
(a) in
the case of an inquiry under this section into a general proposal—
(i)
referred by resolution of either House of Parliament or
by the Minister; or
(ii)
of a prescribed kind,
must appoint 1 or more investigators to conduct the inquiry; or
(b) in
any other case—may appoint 1 or more investigators to conduct the
inquiry.
(2) In appointing
investigators to conduct inquiries under this section, the Commission must
seek to ensure, as far as is reasonably practicable, that—
(a) the
qualifications, knowledge, expertise and experience of a particular
investigator are relevant to the inquiry for which the investigator is being
appointed; and
(b)
councils affected by a proposal the subject of an inquiry are consulted on
proposed appointments.
(3) An inquiry into a
general proposal under this section—
(a) must
be conducted in accordance with the proposal guidelines; and
(b) must
consider (in addition to the principles set out in section 26)—
(i)
the financial implications and impact on resources that
the general proposal is likely to have on any council affected by the
general proposal; and
(ii)
the extent of support for the general proposal (in
particular) and boundary reform in the area (in a general sense) within the
community affected by the general proposal; and
(iii)
the extent of support for the general proposal of any
council affected by the general proposal; and
(iv)
the impact on the various rights and interests of any
council employees affected by the general proposal; and
(v)
any other principles prescribed by the regulations.
(4) An investigator
appointed to conduct an inquiry under this section must—
(a)
comply with any directions or requirements of the Commission relating to the
inquiry; and
(b) at
the conclusion of the inquiry, provide a report on the inquiry to the
Commission.
(5) The Commission
must—
(a)
after conducting an inquiry to which this section applies; or
(b)
receiving a report under subsection (4),
prepare and publish on a website determined by the Commission a report on the
matter that includes the Commission's recommendations as to the general
proposal (subject to any redactions or limitations that the Commission
considers necessary to prevent the disclosure of confidential or commercially
sensitive information) and provide a copy of the report to the Minister.
(6) To avoid doubt, if
the Commission determines to recommend a general proposal in a report under
this section, the general proposal recommended may involve such variations as
the Commission thinks fit to the general proposal referred to the Commission
under this Division.
(7) The Commission may
include in a report published under this section recommendations relating to
the delivery of services on a regional basis by councils as an alternative to
structural change, or any other recommendation the Commission considers
appropriate.
(8) The Minister may,
on receipt of a report, request that the Commission make specified amendments
to the report (including to recommendations in the report).
(9) On receipt of a
request under subsection (8)—
(a) the
Commission may make such amendments (if any) as the Commission considers
appropriate; and
(b) if
the Commission makes amendments, the Commission must—
(i)
publish an amended report on a website determined by the
Commission; and
(ii)
provide a copy of the amended report to the Minister.
(10) The Minister may,
in relation to a general proposal set out in a report of the Commission under
subsection (5) or subsection (9)—
(a)
determine that the general proposal proceed and forward it to the Governor
with a recommendation that a proclamation be made under this Chapter in
relation to the general proposal; or
(b)
determine that the general proposal not proceed; or
(c) in
the case of a general proposal referred to the Commission by a council that
the Commission has recommended in the report not proceed—at the request
of 1 or more councils, consult with the relevant councils about the matter.
(11) After
consultation in accordance with subsection (10)(c), the Minister
may—
(a) if
the Minister determines that it is appropriate to make a recommendation to the
Governor in the circumstances of the particular case, forward the
general proposal to the Governor with a recommendation that a proclamation be
made under this Chapter in relation to the general proposal; or
(b) in
any other case—determine that the general proposal not proceed.