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Local Government (Brimbank City
Council) Bill 2009
Introduction Print
EXPLANATORY MEMORANDUM
General
The purpose of this Bill is to dismiss the Brimbank City Council and provide
for the appointment of a panel of administrators for the Council, and to
provide for a general election in November 2012 for the Council.
Clause Notes
Clause 1 sets out the purposes of the Bill.
Clause 2 provides that the Bill comes into operation on the day after the
day on which it receives the Royal Assent.
Clause 3 provides that the Bill must be read and construed as if it was part
of the Local Government Act 1989.
Clause 4 defines the terms Original Order in Council and Subsequent
Order in Council, for the purposes of the Bill.
Clause 5 Subclause (1) provides that the Brimbank City Council is
dismissed.
Subclause (2) provides that the persons holding office as
Councillors of the Council cease to hold office.
Subclause (3) provides that the Bill does not affect the continuity
of the Council as constituted by the administrator appointed
under the Original Order or the continuity of the Council as
constituted by the panel of administrators appointed under the
Subsequent Order in Council.
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Clause 6 provides that on the recommendation of the Minister for Local
Government, the Governor in Council may by Order in Council
published in the Government Gazette--
· appoint a panel of administrators for the Brimbank City
Council;
· appoint one of the administrators to be the Chairperson
of the panel of administrators;
· appoint a person to fill any vacancy that arises in the
office of an administrator;
· appoint a temporary administrator in the place of an
administrator to act in their absence or incapacity to act.
Clause 7 Paragraph (a) provides that the panel of administrators constitutes
the Brimbank City Council and subject to any conditions of their
appointment, the panel must perform all the functions, powers
and duties of the Council, which are to be treated as if they were
performed by the Council.
Paragraph (b) provides that an administrator, subject to any
conditions of his or her appointment, must perform all the
functions, powers and duties of a Councillor of the Council,
which are to be treated as if they were performed by a Councillor
of the Council.
Paragraph (c) provides that the Chairperson of the panel of
administrators, subject to any conditions of his or her
appointment, must perform all the functions, powers and duties
of the Mayor of the Council, which are to be treated as if they
were performed by the Mayor of the Council.
Paragraph (d) provides that an administrator's appointment and
anything done by an administrator is not deemed invalid only by
reason of a defect in his or her appointment.
Paragraph (e) provides that an administrator is entitled to be paid
by the Council the remuneration and allowances fixed by the
Minister, and employed on the conditions determined by the
Minister.
Paragraph (f) provides that an administrator--
· must not directly or indirectly engage in any paid
employment outside his or her duties of the office of
administrator, without the Minister's consent;
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· may resign from the office of administrator by a written
notice of resignation addressed to the Governor in
Council.
Paragraph (g) provides that the office of an administrator
becomes vacant if the administrator--
· becomes bankrupt;
· dies;
· is removed from office by the Minister or resigns from
office;
· is convicted of an indictable offence in Victoria, or of
an offence outside Victoria which, if committed in
Victoria, would be an indictable offence;
· becomes incapable of performing the duties of office of
an administrator.
Clause 8 Subclause (1) provides that the first Order in Council appointing
a panel of administrators for the Brimbank City Council and an
administrator as the Chairperson of the panel, takes effect on the
date specified in that Order.
Subclause (2) provides that the Original Order in Council made
in relation to the Brimbank City Council under section 219 of
the Local Government Act 1989 that was published in the
Government Gazette (No. S 323) on 17 September 2009 is
revoked immediately before the first Order in Council
commences.
Clause 9 provides that while the Subsequent Order in Council is in force,
any reference to the Mayor or a Councillor of the Brimbank City
Council, or Chairperson or member of a committee of the
Council in any Act, regulation, rule, by-law, local law,
instrument or document is to be read as referring to an
administrator or a person appointed by the panel of
administrators for the purpose concerned.
Clause 10 Subclause (1) provides that a general election for the Brimbank
City Council is to be held in accordance with section 31(1) of the
Local Government Act 1989 on the last Saturday in November
2012.
Subclause (2) provides that the Chief Executive Officer of the
Council must call a meeting of the Council within 14 days after
the day the returning officer for the Council's general election
publicly declares the result of the election.
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Subclause (3) provides that when that meeting of the Council
starts, the Subsequent Order in Council expires, the Council
resumes office and the panel of administrators go out of office.
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