Local Government (Governance) Act 2000

i Local Government (Governance) Act 2000 Act No. 23/2000 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Changes concerning C.E.O. appointments 2 4. Insertion of section 95C 3 95C. Validity of decisions 3 5. Irrelevant sections not to apply to regional libraries 4 6. Change to method of setting maximum interest rate on unpaid money 4 7. Request concerning transfer of former library land 4 ═══════════════ NOTES 5 -- 1 of 6 -- 1 Local Government (Governance) Act 2000† [Assented to 16 May 2000] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is— (a) to make changes concerning the reappointment of Chief Executive Officers of Councils under the Local Government Act 1989; and (b) to make other minor amendments to the Local Government Act 1989; and Victoria No. 23 of 2000 -- 2 of 6 -- Act No. 23/2000 Local Government (Governance) Act 2000 2 (c) to make a minor amendment to the Libraries Act 1988. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Changes concerning C.E.O. appointments (1) For section 94(4) of the Local Government Act 1989 substitute— "(4) Sub-section (3) does not apply if— (a) in the 6 months immediately before the person's contract as Chief Executive Officer is due to expire, the Council passes a resolution to reappoint that person as its Chief Executive Officer; and (b) at least 14 days before the resolution is passed, public notice was given of the intention to put the resolution; and (c) the public notice contained— (i) a statement that the passing of the resolution would result in the reappointment of the Chief Executive Officer without the position being advertised; and (ii) any other details required by the regulations. (4A) Sub-section (3) also does not apply if a Council appoints a person to act as its Chief Executive Officer for a period of not more than 12 months.". s. 2 -- 3 of 6 -- Act No. 23/2000 Local Government (Governance) Act 2000 3 (2) For section 94(6) of the Local Government Act 1989 substitute— "(6) If a Council passes a resolution to reappoint a person as its Chief Executive Officer without advertising the position, the Council must make details of the person's proposed total remuneration as Chief Executive Officer under the new contract available for public inspection within 14 days after the passing of the resolution. (7) A contract of employment as Chief Executive Officer between a Council and a person is void if it is made— (a) in circumstances that are contrary to this section; or (b) while a current contract of employment as Chief Executive Officer with the person exists and that current contract is not due to expire for at least another 6 months (regardless of whether or not the Chief Executive Officer's position has been readvertised).". (3) Section 95A(3A) of the Local Government Act 1989 is repealed. 4. Insertion of section 95C After section 95B of the Local Government Act 1989 insert— "95C. Validity of decisions Anything done by a person purporting to act as a Chief Executive Officer, or as a senior officer, is not invalid merely because that person's contract of employment as a Chief Executive Officer, or senior officer, was void at the time the thing was done.". s. 4 -- 4 of 6 -- Act No. 23/2000 Local Government (Governance) Act 2000 4 5. Irrelevant sections not to apply to regional libraries In section 196(7) of the Local Government Act 1989— (a) for paragraph (e) substitute— "(e) sections 138, 144 (except sub-sections (2)(a), (b) and (c)), 144A, 144B, 146, 150 and 153A;"; (b) for paragraph (g) substitute— "(g) Part 11 (except sections 221, 222(1) to the extent that it applies to voters' rolls, 225, 226, 227, 227AA, 229 and 230).". 6. Change to method of setting maximum interest rate on unpaid money For section 227A(3) and (4) of the Local Government Act 1989 substitute— "(3) The interest rate specified by the Council must not be more than the rate fixed under section 2 of the Penalty Interest Rates Act 1983.". 7. Request concerning transfer of former library land For section 43(5)(a) of the Libraries Act 1988 substitute— "(a) must be in the form, or contain the details, required by the regulations; and". ═══════════════ s. 5 -- 5 of 6 -- Act No. 23/2000 Local Government (Governance) Act 2000 5 NOTES † Minister's second reading speech— Legislative Council: 12 April 2000 Legislative Assembly: 3 May 2000 The long title for the Bill for this Act was "to amend the Local Government Act 1989 and the Libraries Act 1988 and for other purposes." Notes -- 6 of 6 --