South Australian Current Acts

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LOCAL GOVERNMENT ACT 1999 - SECT 94

94—Investigation by Ombudsman

        (1)         The Ombudsman may, on receipt of a complaint, carry out an investigation under this section if it appears to the Ombudsman that a council may have unreasonably excluded members of the public from its meetings under Part 3 or unreasonably prevented access to documents under Part 4.

        (2)         The Ombudsman may, in carrying out an investigation under this section, exercise the powers of the Ombudsman under the Ombudsman Act 1972 as if carrying out an investigation under that Act.

        (3)         At the conclusion of an investigation under this section, the Ombudsman must prepare a written report on the matter.

        (4)         The Ombudsman must supply the Minister and the council with a copy of the report, and may also publish the report, a part of the report, or a summary of the report, in such manner as the Ombudsman thinks fit.

        (5)         If the Minister, after taking into account the report of the Ombudsman under this section, believes that the council has unreasonably excluded members of the public from its meetings under Part 3 or unreasonably prevented access to documents under Part 4, the Minister may give directions to the council with respect to the future exercise of its powers under either or both of those sections, or to release information that should, in the opinion of the Minister, be available to the public.

        (6)         The Minister must, before taking action under subsection (5), give the council a reasonable opportunity to make submissions to the Minister in relation to the matter.

        (7)         A council must comply with a direction under subsection (5).

        (7a)         The Minister may also publish the report, a part of the report, or a summary of the report, in such manner as the Minister thinks fit.

        (8)         This section does not limit other powers of investigation under other provisions of this or another Act.



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