South Australian Current Acts South Australian Current Acts (1) A member of a
council must—
(a) take
reasonable care that the member's acts or omissions do not adversely affect
the health and safety of other members of council or employees of the council;
and
(b)
comply, so far as the member is reasonably able, with any reasonable direction
that is given by a responsible person for the purposes of ensuring that the
member's acts or omissions do not adversely affect the health and safety of
other members of the council or employees of the council.
(2) For the
purposes of subsection (1)(b), the "responsible person" is—
(a) if
the person whose health and safety may be adversely affected is an employee of
the council—the chief executive officer of the council; or
(b) if
the person whose health and safety may be adversely affected is the
principal member of the council—the deputy or another member chosen by
the council; or
(c) if
the person whose health and safety may be adversely affected is another member
or the chief executive officer of the council—
(i)
unless subparagraph (ii) applies, the
principal member of the council; or
(ii)
if the relevant acts or omissions are those of the
principal member of the council—the deputy or another member chosen by
the council.
(3) Without limiting
subsection (1)(b), a reasonable direction may include a direction that a
member of a council not attend a meeting of the council or a council committee
(and a member the subject of such a direction will be taken to have been
granted leave of absence from attending council meetings for the duration of
the direction).
(4) However, a
reasonable direction under subsection (1)(b) that a member not attend a
meeting of a council may only be given if there are no other reasonable
directions considered appropriate in the circumstances to ensure the health
and safety of the affected person.
(5) If a reasonable
direction under subsection (1)(b) that a member not attend a meeting of a
council is given, the responsible person must ensure that a complaint relating
to the matter is referred to the Behavioural Standards Panel.
(6) This section is in
addition to and does not limit the operation of the
Work Health and Safety Act 2012 .
(7) In this
section—
"health" has the same meaning as in the Work Health and Safety Act 2012
.