South Australian Current Acts

LOCAL GOVERNMENT ACT 1999 - SECT 87

87—Calling and timing of committee meetings

        (1)         Ordinary meetings of a council committee will be held at times and places appointed by the council or, subject to a decision of the council, the council committee.

        (2)         A council or council committee must, in appointing a time for the holding of an ordinary meeting of a council committee, take into account—

            (a)         the availability and convenience of members of the committee; and

            (b)         the nature and purpose of the committee.

        (3)         A resolution appointing a time for the holding of an ordinary meeting of a council committee does not operate after the conclusion of the general election next following the making of the resolution.

        (4)         The chief executive officer must ensure that each member of a council committee is given notice of an ordinary meeting of the committee at least three clear days before the date of the meeting.

        (5)         The chief executive officer must, at the request of—

            (a)         the presiding member of a council committee; or

            (b)         at least two members of a council committee,

call a special meeting of a council committee.

        (6)         Special meetings of a council committee may be held at any time.

        (7)         The chief executive officer must ensure that each member of a council committee is given notice of a special meeting of the committee at least four hours before the commencement of the meeting.

        (8)         Notice of a meeting of a council committee must—

            (a)         be in writing; and

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

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

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

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

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

        (10)         The chief executive officer may indicate on a document or report provided to members of the committee under subsection (9) (or on a separate notice) any information or matter contained in or arising from a document or report that may, if the committee 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.

        (11)         Notice may be given to a member of a committee 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.

        (12)         A notice that is not given in accordance with subsection (11) 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 of the committee.

        (13)         The chief executive officer must ensure that a record of all notices of meetings given under this section is maintained.

        (14)         The fact that a notice of a meeting has not been given to a member of a committee 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 if satisfied that such action is warranted in the circumstances of the particular case.

        (15)         The regulations may modify the application of this section for council committees that are not performing regulatory activities of councils.