1. Mad Hatters Which hat are you required to wear today?
6 April 2017
Presented by Tracy Riddle

2. Council Decision Making
(Corporate Entity)
Elected Council
(Governing Body)
Committees
Officers
Subsidiaries
Delegation or
Advisory

3. Role of a Committee to assist Council to perform its functions
to enquire into and report to the Elected Body
to advise and make recommendations to the Council
to make its decisions in the same open and accountable way as the Elected Body

4. Section 41 - LG Act Terms of Reference
not independent of Council – works on behalf of and for Council
membership at Council discretion
council may appoint presiding member
civil liability protection
can perform a regulatory activity, but must report to Council quarterly

5. Role of a subsidiary to provide specified service or services
manage or administer property, facilities or activities on behalf of the council
To perform a function of the council subject to approval of the Minister
two or more councils can established a regional subsidiary
cannot be established to perform a regulatory activity

6. Schedule 2 – LG Act Charter corporate status reporting obligations
proceedings
delegated powers
liabilities incurred guaranteed by council/councils
civil liability protection

7. Meeting Procedures Look to Terms of Reference and Charter
where do the requirements come from?
Local Government Act 1999
Local Government (Procedures at Meetings) Regulations 2013
as determined by the Council
not applicable at workshops – not a decision-making forum

8. General Duties of Committee and Board Members
to act/operate within the Terms of Reference or Charter
section 62 LG Act
act honestly with reasonable care and diligence
not make improper use of position or, information acquired to advantage self, a third party or cause damage to the council(s)
not disclose confidential information
Board members also have the provisions of the Corporations Act 2001 to comply with
Fiduciary duties

9. Conflict of Interest Balancing public & private interests Private
Official
Balancing public & private interests

10. Conflict of Interest
New categories created under the LG Act in March 2016
material conflict of interest
actual conflict of interest
perceived conflict of interest
actual and perceived conflict of interest are dealt with together
apply to Committee members and to Board members of subsidiaries

11. Material conflict of interest
A member of the Council, a Committee or Subsidiary will have a material conflict of interest in a matter to be discussed at a meeting if a ‘prescribed person’ would:
gain a benefit or suffer a loss, whether directly or indirectly; and
whether of a personal or pecuniary nature;
depending on the outcome of the consideration of the matter at the meeting
Prescribed person relevantly includes:
the member
a body corporate
the employer or an employee of the member

12. Actual or Perceived Conflict of Interest
A conflict of interest is a conflict between:
a member of a council’s interests (whether direct or indirect personal or pecuniary); and
the public interest
that might lead to a decision that is contrary to the public interest

13. Actual or Perceived conflict on Interest
an actual conflict of interest is defined as a conflict of interest
a perceived conflict of interest is defined as what could be taken from the perspective of an impartial, fair-minded person, to amount to a conflict of interest

14. “Ordinary business”
defined at regulation 8AAA and 8AAB of the Local Government (General) Regulations 2013
November 2016 amendments were made to inserted a new regulation 8AAB, special provision relating to subsidiaries and committees

15. Ordinary business – 8AAB
The following is now prescribed as “ordinary business” for subsidiaries and regional subsidiaries
a matter to be discussed, or in relation to which a recommendation or decision is to be made, at a meeting of a subsidiary (or regional subsidiary) if the discussion, recommendation or decision relates to the purpose for which it is established; and the relevant interest is the interest of the council which appointed, or nominated for appointment, a member of the board;
and for regional subsidiaries, the relevant benefit or loss would be enjoyed or suffered in common with all or a substantial proportion of the constituent councils of the subsidiary;

16. Ordinary business – 8AAB
The following is now prescribed as “ordinary business” for committees
a matter to be discussed, or in relation to which a recommendation is to be made, at a meeting of a committee of a council established under section 41 if the discussion or recommendation relates to the purpose for which the committee is established; and the relevant interest is the interest of the council that established the committee

18. L6, 19 Gilles Street Adelaide SA 5000
Lead Reason Advise