minutes - City of Stirling

MINUTES OF THE ORDINARY MEETING OF COUNCIL
18 SEPTEMBER 2012
guide operational activities for employees and should be replaced by a suitable
management practices; and
repeat the same subject matter and should be amalgamated into one policy document.
City officers have been progressively actioning those items identified in the review and this
report details the policies that fall under the responsibility of the Health and Compliance
business unit.
Comment
The justification for revocation of the following Health and Compliance policies is provided
below under the specific policy headings:-
D101101 - Dwellings Unfit for Human Habitation - Orders (adopted 2/11/76; last
amended 24/11/98)
Section 135 of the Health Act 1911 provides for the City, of its own motion, and shall, when
required by order of the Executive Director, Public Health by notice in writing, declare that
any house or specified part thereof, is unfit for human habitation.
Section 137 of the Health Act 1911 provides the City the ability to serve notice to either
repair or take down the house within a time limited by the notice and Section 140 of the
Health Act 1911 contains offence provisions and the ability for the Local Government to act
in default of a notice.
In accordance with Section 26 of the Health Act 1911 - Power of local government, relevant
officers have been appointed Authorised Persons to exercise all powers and function of the
City pursuant to the Act, Regulations, Local Law and orders made, institute and carry on
proceedings against any person for an alleged offence.
The text of the policy is procedural information and relates to reporting service of notice to
the Planning and Statutory Services Committee.
It is recommended that this policy be revoked.
D101102 - Notices - Service for Offences Under the Health Act 1911 (adopted 2/11/76;
last amended 24/11/98)
Section 26 of the Health Act 1911 allows the City to appoint relevant officers to exercise all
powers and functions under the Act, Regulations, Local Laws, and orders made, institute
and carry on proceedings against any person for an alleged offence.
Further, Part 6 of the Food Act 2008 has provisions for service of notices by Authorised
Officers.
The text of the policy is procedural information and relates to reporting service of notice to
Council and processes to be followed for breaches of food legislation.
It is recommended that this policy be revoked.
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