South Australian Current Acts South Australian Current Acts (1) A council may
establish committees.
(2) A committee may,
according to a determination of the council (and subject to the operation of
this Act), be established—
(a) to
assist the council in the performance of its functions;
Examples—
1 To carry out a project on behalf of the council.
2 To manage or administer property, facilities or
activities on behalf of the council.
3 To oversee works on behalf of the council.
(b) to
inquire into and report to the council on matters within the ambit of the
council's responsibilities;
(c) to
provide advice to the council;
(d) to
exercise, perform or discharge delegated powers, functions or duties.
(3) The membership of
a committee will be determined by the council and may consist of, or include,
persons who are not members of the council.
(4) The council must
appoint a person as the presiding member of a committee, or make provision for
the appointment of a presiding member.
(5) A member of a
committee holds office at the pleasure of the council.
(6) The council may
appoint the principal member of the council as an ex officio member of a
committee (but in such a case the principal member will not be taken to be
included in the membership of the committee unless actually present at a
meeting of the committee).
(7) A committee may
establish a subcommittee to assist it in a matter.
(8) A council must,
when establishing a committee, determine the reporting and other
accountability requirements that are to apply in relation to the committee.
(9) A committee that
is performing a regulatory activity of the council must report to the council
on its activities at least quarterly.
(10) The establishment
of a committee does not derogate from the power of the council to act in a
matter.
(11) No act or
proceeding of a council committee is invalid by reason of—
(a) a
vacancy or vacancies in the membership of the committee; or
(b) a
defect in the election or appointment of a member or members of the committee;
or
(c) the
fact that the election of a member or members of the committee is subsequently
declared void by a court of competent jurisdiction.
(12) No civil
liability attaches to a member of a committee for an honest act or omission in
the exercise, performance or discharge, or purported exercise, performance or
discharge, of the member's or committee's powers, functions or duties.
(13) A liability that
would, but for subsection (12), attach to a member of a committee
attaches instead to the council.