Local Government Bill 2018

Division 2—Procurement

Clause 146 requires Councils to prepare and adopt a procurement policy. This policy must specify the principles, processes and procedures applying in respect of the purchase of goods and services or the carrying out of works by the Council.

Subclause (2) provides that the procurement policy must seek to promote open and fair competition. This is intended to ensure Councils are testing the market when carrying out procurement activities.

Subclause (3) sets out the matters which must be dealt with in the procurement policy. Councils will be required to set their own contract amounts over which the Council must undertake a competitive tender process. Exemptions for emergency situations and agency arrangements can be built into the procurement policy to take into account situations where going to tender is not the optimal sourcing strategy for the Council.

Subclauses (4) and (5) require a Council to adopt its procurement policy within 6 months of the commencement of this clause and review it once during its term.

Subclause (6) provides that the procurement policy adopted under the Local Government Act 1989 prevails until a new procurement policy is adopted under this Bill.

Clause 147 provides that a Council must comply with its procurement policy.

Subclause (2) requires the CEO to ensure that any report made to the Council recommending a contract be entered into includes information relating to collaborative arrangement opportunities that were explored as part of the procurement process. This is intended to promote entering into joint procurement and service delivery arrangements with other Councils or bodies.

Division 3—Beneficial enterprises

Clause 148 enables Councils to participate in or form a beneficial enterprise.

Clause 149 requires Councils to assess, have regard to and manage the risks involved in participating in a beneficial enterprise and have in place regular reporting and performance monitoring arrangements.

Councils are prohibited from participating in a company that is not a limited company.

Division 4—Powers in relation to land

Clause 150 provides for a Council to purchase or compulsorily acquire land in connection with the performance of its functions and powers.

These powers of purchase or acquisition are subject to—

• 
  the provisions of the Land Acquisition and Compensation Act 2018; and
  

• 
  The Council's community engagement policy.
  

Clause 151 provides for the continuation of easements.

Clause 152 specifies limits and processes that apply to the sale or exchange of land by a Council, including that the Council undertake a community engagement process to inform its decision.

Clause 153 specifies limits and processes that apply to the lease of land by a Council. A Council must include a proposal to lease land in its Budget. If it fails to do so and subsequently proposes to lease land a Council must undertake a community engagement process on the proposal.

Clause 154 enables Councils to transfer, exchange or lease land to certain bodies, including the Crown, a Minister or a public body, with or without financial consideration. Clauses 152 and 153 do not apply to transfers, exchanges or leases carried out under this clause.

Division 5—Carrying out works on land

Clause 155 empowers a Council to carry out works on land, or to approve another person to carry out the works, if a person has failed to carry out works required by the Council under an Act, regulation or local law. Costs may be recovered from the person responsible who failed to carry out the works.

Clause 156 provides for the owner of land to issue a notice to require the occupier to carry out works required by the Council under an Act, regulation or local law. If the occupier does not comply, the owner may seek a Magistrates' Court order to allow the owner to enter the land and carry out the works. Failure to comply with an order is an offence.

Division 6—Unpaid money

Clause 157 provides that a Council may recover money owed to Council by a former owner or occupier. This power does not apply if the amount the Council is seeking to recover was omitted from the land information certificate issued under clause 159.

Clause 158 allows a Council to charge penalty interest on unpaid moneys (other than rates and charges under Part 5). The interest rate set by the Council must not exceed the rate set under section 2 of the Penalty Interests Rate Act 1983.

Division 7—Land information

Clause 159 provides for a person to apply for a land information certificate that contains prescribed information. This certificate records, among other things, any unpaid rates, charges and other money owed to the Council.

Clause 160 requires a person who acquires land to give a notice of acquisition to the Council. Failure to do so may constitute an offence.

Part 7—Council integrity

Division 1—Improper conduct

Clause 161 subclause (1) prohibits a Councillor or a member of a delegated committee from misusing their position for gain or to cause detriment.

Subclause (2) states that a contravention is an indictable offence and specifies a maximum penalty level.

Subclause (3) describes actions that constitute a misuse of position including making improper use of Council information or of public funds. This is not intended to be an exhaustive list.

Subclause (4) states that this clause applies in addition to any Act or law relating to criminal liability of Councillors and committee members.

Clause 162 makes it an offence for a Councillor to direct or seek to direct a member of Council staff in the performance of specified types of tasks.

Clause 163 subclause (1) prohibits and prescribes a maximum penalty for the disclosure of confidential information by a person who is or has been—

• 
  a Councillor;
  

• 
  a member of a delegated committee; or
  

• 
  a member of Council staff.
  

This prohibition applies to disclosure that is intentional or reckless and where the person knows or should reasonably know the information is confidential information. Confidential information is defined under clause 3.

Subclause (1) does not apply where the Council has determined the information should be publicly available.

Subclause (3) describes a number of circumstances where disclosing confidential information is not an offence, including when it is required by a Commission of Inquiry, Councillor Conduct Panel or Chief Municipal Inspector.