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LOCAL GOVERNMENT ACT 2020 - SECT 46

Functions of the Chief Executive Officer

    (1)     A Chief Executive Officer is responsible for—

        (a)     supporting the Mayor and the Councillors in the performance of their roles; and

        (b)     ensuring the effective and efficient management of the day to day operations of the Council.

    (2)     Without limiting the generality of subsection (1)(a), this responsibility includes the following—

        (a)     ensuring that the decisions of the Council are implemented without undue delay;

        (b)     ensuring that the Council receives timely and reliable advice about its obligations under this Act or any other Act;

        (c)     supporting the Mayor in the performance of the Mayor's role as Mayor;

        (d)     setting the agenda for Council meetings after consulting the Mayor;

        (e)     when requested by the Mayor, reporting to the Council in respect of the implementation of a Council decision;

        (f)     carrying out the Council's responsibilities as a deemed employer with respect to Councillors, as deemed workers, which arise under or with respect to the Workplace Injury Rehabilitation and Compensation Act 2013 .

Note

See clause 15 of Schedule 1 to the Workplace Injury Rehabilitation and Compensation Act 2013 .

    (3)     Without limiting the generality of subsection (1)(b), this responsibility includes the following—

        (a)     establishing and maintaining an organisational structure for the Council;

        (b)     being responsible for all staffing matters, including appointing, directing, managing and dismissing members of Council staff;

        (c)     managing interactions between members of Council staff and Councillors and ensuring that policies, practices and protocols that support arrangements for interaction between members of Council staff and Councillors are developed and implemented;

        (d)     performing any other function or duty of the Chief Executive Officer specified in this Act or any other Act.

    (4)     For the purposes of subsection (3)(a), a Chief Executive Officer must—

        (a)     develop and maintain a workforce plan that—

              (i)     describes the organisational structure of the Council; and

              (ii)     specifies the projected staffing requirements for a period of at least 4 years; and

              (iii)     sets out measures to seek to ensure gender equality, diversity and inclusiveness; and

        (b)     inform the Council before implementing an organisational restructure that will affect the capacity of the Council to deliver the Council Plan; and

        (c)     consult members of Council staff affected by a proposed organisational restructure, before implementing the organisational restructure.

S. 46(4A) inserted by No. 5/2020 s. 55 (as amended by No. 9/2020 s. 390(Sch.  1 item 45A)).

    (4A)     In developing and maintaining a workforce plan, a Chief Executive Officer must have regard to the requirements of the Gender Equality Act 2020 .

S. 46(4B) inserted by No. 5/2020 s. 55 (as amended by No. 9/2020 s. 390(Sch.  1 item 45A)).

    (4B)     A Council's workforce plan is taken to satisfy subsection (4)(a)(iii) in respect of gender equality during any period when the Council is compliant with Division 1 of Part 4 of the Gender Equality Act 2020

    (5)     A Council and the Chief Executive Officer must, in giving effect to gender equality, diversity and inclusiveness, comply with any processes and requirements prescribed by the regulations for the purposes of this section.

    (6)     A Chief Executive Officer must ensure that the Mayor, Deputy Mayor, Councillors and members of Council staff have access to the workforce plan.

    (7)     A Chief Executive Officer must develop the first workforce plan under this section within 6 months of the commencement of this section.



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