Dandenong Development Board Act 2003

i Dandenong Development Board Act 2003 Act No. 29/2003 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. Definitions 2 4. Objects of Act 2 5. Establishment 3 6. Functions 3 7. Powers 4 8. Direction of the Minister 5 9. Delegation 5 10. Constitution of the Board 5 11. Terms and conditions of office of members 6 12. Vacancies, resignations and removal from office 7 13. Acting appointments 8 14. Validity of decisions 8 15. Procedure at meetings of the Board 8 16. Resolutions without meetings 9 17. Disclosure of interests 10 18. Committees 11 19. Executive officer 12 20. Use of Departmental or Council staff 12 21. Corporate plan 12 22. Statement of corporate intent: contents 14 23. Corporate plan to be followed 14 24. Nothing void merely because of non-compliance 15 25. Board to give notice of significant events 15 26. Expiry 15 ═══════════════ ENDNOTES 16 -- 1 of 17 -- 1 Dandenong Development Board Act 2003 † [Assented to 27 May 2003] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to establish the Dandenong Development Board. 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on a day to be proclaimed. (2) If this Act does not come into operation before 1 January 2004, it comes into operation on that day. Victoria No. 29 of 2003 -- 2 of 17 -- Act No. 29/2003 Dandenong Development Board Act 2003 2 3. Definitions In this Act— "appointed member" means a member of the Board appointed under section 10(1)(a) or (h); "Board" means the Dandenong Development Board established under this Act; "Council" means the Greater Dandenong City Council; "Dandenong" means the municipal district of the Greater Dandenong City Council under the Local Government Act 1989; "Department" means the Department of Sustainability and Environment; "ex-officio member" means a member of the Board referred to in section 10(1)(b), (c), (d), (e), (f) or (g); "member" means an appointed member or an ex-officio member; "Secretary" means the person who is for the time being the Department Head (within the meaning of the Public Sector Management and Employment Act 1998) of the Department of Sustainability and Environment. 4. Objects of Act The objects of this Act are— (a) to promote Dandenong as a key centre for employment, housing, service delivery and community activity in south east Melbourne; and s. 3 -- 3 of 17 -- Act No. 29/2003 Dandenong Development Board Act 2003 3 (b) to facilitate the economic, cultural and community development of, and employment growth in, Dandenong. 5. Establishment (1) There is established by this Act a body by the name of Dandenong Development Board. (2) The Board— (a) is a body corporate with perpetual succession; (b) has a common seal; (c) may sue or be sued in its corporate name; (d) may acquire, hold and dispose of real and personal property; (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (3) The common seal of the Board must be kept as directed by the Board and must not be used except as authorised by the Board. (4) All courts must take judicial notice of the seal of the Board affixed to a document and, until the contrary is proved, must presume that it was duly affixed. 6. Functions The functions of the Board are— (a) to facilitate the development of Dandenong as a key centre for employment and services for south east Melbourne; and (b) to encourage activities (including community and cultural activities) which contribute to the role of Dandenong as a key centre for community and culture in south east Melbourne; and s. 5 -- 4 of 17 -- Act No. 29/2003 Dandenong Development Board Act 2003 4 (c) to recommend to the Minister infrastructure and other works considered necessary to facilitate development and economic and cultural activity within Dandenong; and (d) to encourage the development of housing diversity within Dandenong, including affordable housing; and (e) to promote economic growth in Dandenong; and (f) to carry out any other functions conferred on the Board by this Act. 7. Powers (1) The Board has power to do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions. (2) Without limiting sub-section (1), the Board may, in connection with the performance of its functions— (a) undertake or contribute to studies or investigations relating to— (i) the planning, design and development of Dandenong; (ii) identifying necessary infrastructure or other public works within or relating to the development of Dandenong; (iii) identifying works or other activities to be carried out by or on behalf of the Council or of Government agencies in Dandenong; (b) enter into contracts, agreements or arrangements with any person or body and do everything, including the payment of money, that is necessary or expedient for s. 7 -- 5 of 17 -- Act No. 29/2003 Dandenong Development Board Act 2003 5 carrying the contracts, agreements or arrangements into effect; (c) employ agents or contractors; (d) with the approval of the Minister, act as agent of another person; (e) establish committees in accordance with section 18. 8. Direction of the Minister In the exercise of its powers and performance of its functions, the Board is subject to the direction and control of the Minister. 9. Delegation The Board may, by instrument under its common seal, delegate to— (a) any member of the Board; or (b) the executive officer of the Board; or (c) with the Minister's approval, any member of Council staff or employee of the Department— any power or function of the Board other than this power of delegation. 10. Constitution of the Board (1) The Board is to consist of the following 9 members— (a) a Chairperson; (b) the person for the time being elected as the Mayor of the Council, or his or her nominee; (c) the person for the time being appointed as the Chief Executive Officer of the Council, or his or her nominee; (d) the Secretary or his or her nominee; s. 8 -- 6 of 17 -- Act No. 29/2003 Dandenong Development Board Act 2003 6 (e) the person for the time being appointed as the Secretary to the Department of Innovation, Industry and Regional Development or his or her nominee; (f) the person for the time being appointed as the Secretary to the Department of Infrastructure or his or her nominee; (g) the person for the time being appointed as chief executive officer of the Urban and Regional Land Corporation, or his or her nominee; (h) 2 persons who have business interests in Dandenong. (2) The Chairperson is to be appointed by the Governor in Council on the recommendation of the Minister. (3) The persons referred to in sub-section (1)(h) are to be appointed by the Governor in Council on the recommendation of the Minister after considering nominations from organisations that the Minister considers represent local business interests in relation to Dandenong. (4) If the Minister requests that organisations referred to in sub-section (3) submit suitable nominations to the Minister within a period specified in the request, and the request is not complied with, the Governor in Council may appoint persons nominated by the Minister to the Board. 11. Terms and conditions of office of members (1) An appointed member holds office for a term not exceeding 4 years. (2) An appointed member is eligible for re-appointment. s. 11 -- 7 of 17 -- Act No. 29/2003 Dandenong Development Board Act 2003 7 (3) The instrument of appointment of an appointed member may specify terms and conditions of appointment not inconsistent with this Act. (4) A member is not subject to the Public Sector Management and Employment Act 1998 in respect of the office of the member. (5) A member referred to in section 10(1)(a), (b) or (h) is entitled to receive the fees, travelling expenses and other expenses (if any) fixed by the Governor in Council. 12. Vacancies, resignations and removal from office (1) The office of an appointed member becomes vacant if the member— (a) without the Board's approval, fails to attend 3 consecutive meetings of the Board; or (b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or (c) is convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence. (2) The Governor in Council may at any time remove an appointed member from office. (3) If an appointed member fails, without reasonable excuse, to comply with section 17, the member must be removed from office by the Governor in Council. (4) The office of an appointed member becomes vacant if the member retires, resigns or dies. (5) An appointed member may resign by writing delivered to the Governor in Council. s. 12 -- 8 of 17 -- Act No. 29/2003 Dandenong Development Board Act 2003 8 (6) If there is a vacancy in the office of an appointed member under sub-section (1), (2), (3), (4) or (5), the vacancy must be filled in accordance with section 10. 13. Acting appointments If an appointed member is ill or absent, the Governor in Council, on the recommendation of the Minister, may appoint a person to act in the office of that member during the period of illness or absence. 14. Validity of decisions (1) An act or decision of the Board is not invalid merely because of— (a) a defect or irregularity in, or in connection with, the appointment of an appointed member of the Board; or (b) a vacancy in the membership of the Board, including a vacancy arising from the failure to appoint an original member. (2) Anything done by or in relation to a person purporting to act as an appointed member is not invalid merely because— (a) the occasion for the appointment had not arisen; or (b) there was a defect or irregularity in relation to the appointment; or (c) the appointment had ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased. 15. Procedure at meetings of the Board (1) Subject to sub-section (2), meetings of the Board must be held at such times and places as the Board determines. s. 13 -- 9 of 17 -- Act No. 29/2003 Dandenong Development Board Act 2003 9 (2) The Chairperson may at any time convene a meeting but must do so when requested by a member of the Board. (3) The Chairperson, or in his or her absence, a member elected by the members present, must preside at a meeting of the Board. (4) A majority of the members for the time being of the Board constitute a quorum of the Board. (5) A question arising at a meeting of the Board must be determined by a majority of votes of members present and voting on that question and, if voting is equal, the person presiding has a casting, as well as a deliberative, vote. (6) The Board must ensure that minutes are kept of each of its meetings. (7) Subject to this Act, the Board may regulate its own proceedings. 16. Resolutions without meetings (1) If— (a) the Board has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and (b) a majority of members for the time being of the Board sign a document containing a statement that they are in favour of the resolution in the terms set out in the document— a resolution in those terms is deemed to have been passed at a meeting of the Board held on the day on which the document is signed or, if the members referred to in paragraph (b) do not sign it on the same day, on the day on which the last of those members signs the document. s. 16 -- 10 of 17 -- Act No. 29/2003 Dandenong Development Board Act 2003 10 (2) For the purposes of sub-section (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, are deemed to constitute one document. (3) If a resolution is deemed by this section to have been passed at a meeting of the Board, each member must as soon as practicable be advised of the matter and given a copy of the resolution. (4) The majority of members referred to in sub- section (1)(b) must not include a member who, because of section 17, is not entitled to vote on the resolution. 17. Disclosure of interests (1) If— (a) a member has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Board; and (b) the interest could conflict with the proper performance of the member's duties in relation to the consideration of the matter— the member, as soon as practicable after the relevant facts come to the member's knowledge, must disclose the nature of the interest at a meeting of the Board. (2) A disclosure under sub-section (1) must be recorded in the minutes of the meeting and, unless the Minister or the Board otherwise determines, the member— (a) must not be present during any deliberation of the Board in relation to the matter; and (b) must not take part in any decision of the Board in relation to the matter. s. 17 -- 11 of 17 -- Act No. 29/2003 Dandenong Development Board Act 2003 11 (3) For the purpose of the making of a determination by the Board under sub-section (2) in relation to a member who has made a disclosure under sub- section (1), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates— (a) must not be present during any deliberation of the Board for the purpose of making the determination; and (b) must not take part in the making by the Board of the determination. (4) Sub-sections (1) and (2) do not apply in relation to a matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions. 18. Committees (1) The Board may— (a) establish any committees it considers necessary to assist in considering particular issues; (b) define the constitution and functions of each committee so established; (c) determine the procedure of each committee; (d) change the constitution or functions of a committee; (e) dissolve a committee. (2) The Board may co-opt any person to be a member of a committee. (3) A co-opted member of a committee who is not— (a) employed under Part 3 of the Public Sector Management and Employment Act 1998; or s. 18 -- 12 of 17 -- Act No. 29/2003 Dandenong Development Board Act 2003 12 (b) a member of Council staff— is entitled to receive the fees, travelling expenses and other expenses (if any) fixed by the Governor in Council. 19. Executive officer (1) An executive officer of the Board is to be employed under Part 3 of the Public Sector Management and Employment Act 1998. (2) The executive officer has the day to day control and management of the affairs of the Board. 20. Use of Departmental or Council staff If the Board considers it necessary for the performance of its functions, it may— (a) with the approval of the Secretary, arrange for the use of the services of any employee (by secondment or otherwise) or facilities of the Department; or (b) enter into an agreement or arrangement with the Council, for the use of the services of any member of Council staff. 21. Corporate plan (1) The Board must prepare a corporate plan for each financial year. (2) The Board must give a copy of the proposed plan to the Minister on or before 31 May in each year. (3) The proposed corporate plan must be in or to the effect of a form approved by the Minister and must include— (a) a statement of corporate intent in accordance with section 22; and (b) a business plan containing such information as the Minister requires; and s. 19 -- 13 of 17 -- Act No. 29/2003 Dandenong Development Board Act 2003 13 (c) financial statements containing such information as the Minister requires. (4) The Board must consider any comments on the proposed plan that are made to it by the Minister within 2 months after the plan was submitted to the Minister. (5) The Board must consult in good faith with the Minister following communication to it of the comments, must make such changes to the plan as are agreed between the Minister and the Board and must deliver the completed plan to the Minister within 2 months after commencement of the financial year. (6) The plan, or any part of the plan, must not be published or made available except for the purposes of this Act without the prior approval of the Board and the Minister. (7) The plan may be modified at any time by the Board with the agreement of the Minister. (8) If the Board, by written notice to the Minister, proposes a modification of the plan, the Board may, within 14 days, make the modification unless the Minister, by written notice to the Board, directs the Board not to make it. (9) The Minister may, from time to time, by written notice to the Board, direct the Board to include in, or omit from, a statement of corporate intent, a business plan or a financial statement of a specified kind, any specified matters. (10) Before giving a direction under this section, the Minister must consult with the Board as to the matters to be referred to in the notice. (11) The Board must comply with a direction under this section. s. 21 -- 14 of 17 -- Act No. 29/2003 Dandenong Development Board Act 2003 14 (12) At any particular time, the statement of corporate intent, the business plan or the financial statements for the Board are the statements and plan last completed, with any modifications or deletions made in accordance with this Act. 22. Statement of corporate intent: contents Each statement of corporate intent must specify for the Board, in respect of the financial year to which it relates and each of the 2 following financial years, the following information— (a) the business objectives of the Board; (b) the main undertakings of the Board; (c) the nature and scope of the activities to be undertaken by the Board; (d) the accounting policies to be applied in the accounts; (e) the performance targets and other measures by which the performance of the Board may be judged in relation to its stated business objectives; (f) the kind of information to be provided to the Minister by the Board during the course of those financial years; (g) such other matters as may be agreed on by the Minister and the Board from time to time. 23. Corporate plan to be followed The Board must act only in accordance with its corporate plan, as existing from time to time, unless it has first obtained the written approval of the Minister to do otherwise. s. 22 -- 15 of 17 -- Act No. 29/2003 Dandenong Development Board Act 2003 15 24. Nothing void merely because of non-compliance Nothing done by the Board is void or unenforceable merely because the Board has failed to comply with section 21, 22 or 23. 25. Board to give notice of significant events If the Board forms the opinion that matters have arisen— (a) that may prevent, or significantly affect, achievement of the business objectives of the Board under the corporate plan; or (b) that may prevent, or significantly affect achievement of the targets under the plan— the Board must immediately notify the Minister of its opinion and the reasons for the opinion. 26. Expiry This Act expires on 30 June 2010. ═══════════════ s. 24 -- 16 of 17 -- Act No. 29/2003 Dandenong Development Board Act 2003 16 ENDNOTES † Minister's second reading speech— Legislative Assembly: 9 April 2003 Legislative Council: 20 May 2003 The long title for the Bill for this Act was "to establish the Dandenong Development Board and for other purposes." Endnotes -- 17 of 17 --