South Australian Current Acts

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LOCAL GOVERNMENT ACT 1999 - SECT 98

98—Appointment procedures

        (1)         If a vacancy occurs or is about to occur in the office of chief executive officer, the council must take steps to fill the vacancy (or the pending vacancy).

        (2)         The council must appoint a person to act in the position of chief executive officer until a vacancy is filled.

        (3)         For the purpose of filling a vacancy, the council must invite applications by advertising on a website determined by the council, and may take other action as the council thinks appropriate.

        (4)         The council must appoint a selection panel to assess applications for the position of chief executive officer, to recommend readvertisement or other additional steps (if necessary), and to make recommendations to the council on an appointment.

        (4a)         The council must ensure that either or both of the following applies to the process for appointing a chief executive officer under this section:

            (a)         the council appoints at least 1 person who is not a member or employee of the council to the selection panel;

            (b)         before making the appointment to the office of chief executive officer, the council obtains and considers the advice of a qualified independent person on the assessment of applications and recommendations on the appointment under subsection (4) (and that advice may include recommendations to the council on the appointment).

        (5)         The council makes the appointment to the office of chief executive officer.

        (6)         This section does not apply in circumstances involving the reappointment of a chief executive officer following the completion of a term of office.

        (7)         In this section—

"qualified independent person" means a person who is—

            (a)         not a member or employee of the council; and

            (b)         determined by the council to have appropriate qualifications or experience in human resource management.



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