South Australian Current Acts

LOCAL GOVERNMENT ACT 1999 - SECT 83

83—Notice of ordinary or special meetings

        (1)         In the case of an ordinary meeting, the chief executive officer must give each member of the council notice of the meeting at least three clear days before the date of the meeting.

        (2)         In the case of a special meeting, the chief executive officer must give each member of the council notice of the meeting at least four hours before the commencement of the meeting.

        (3)         Notice of a meeting of the council must—

            (a)         be in writing; and

            (b)         set out the date, time and place of the meeting; and

            (c)         be signed by the chief executive officer; and

            (d)         contain, or be accompanied by, the agenda for the meeting.

        (4)         The chief executive officer must, insofar as is reasonably practicable—

            (a)         ensure that items on an agenda given to members of the council under this section are described with reasonable particularity and accuracy; and

            (b)         supply to each member of the council at the time that notice of a meeting is given a copy of any documents or reports that are to be considered at the meeting (so far as this is practicable).

        (5)         The chief executive officer may indicate on a document or report provided to members of the council under subsection (4) (or on a separate notice) any information or matter contained in or arising from a document or report that may, if the council so determines, be considered in confidence under Part 3, provided that the chief executive officer at the same time specifies the basis on which an order could be made under that Part.

        (6)         Notice may be given to a member of a council under this section—

            (a)         personally; or

            (b)         by delivering the notice (whether by post or otherwise) to the usual place of residence of the member or to another place authorised in writing by the member; or

            (c)         by leaving the notice for the member at an appropriate place at the principal office of the council, if authorised in writing by the member to do so; or

            (d)         by a means authorised in writing by the member as being an available means of giving notice.

        (7)         A notice that is not given in accordance with subsection (6) is taken to have been validly given if the chief executive officer considers it impracticable to give the notice in accordance with that subsection and takes action the chief executive officer considers reasonably practicable in the circumstances to bring the notice to the attention of the member.

        (9)         The fact that a notice of a meeting has not been given to a member of a council in accordance with this section does not, of itself, invalidate the holding of the meeting or a resolution or decision passed or made at the meeting but SACAT may, on the application of the Minister, annul a resolution or decision passed or made at the meeting and make such ancillary or consequential orders as it thinks fit if satisfied that such action is warranted in the circumstances of the particular case.