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Chapter Summary of the Local Government Act 1993 - Updated ...

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8 UPDATED INFORMATION PAPER NO. 3DISCLAIMER: ALL DUE CARE HAS BEEN TAKEN IN PREPARING AND CHECKING THIS INFORMATION DOCUMENT. THE DEPARTMENT OF LOCAL GOVERNMENT EMPHASISESTHAT THE DOCUMENT IS THE DEPARTMENT’S VIEW ONLY AND SHOULD NOT BE RELIED UPON IN ANY RELEVANT LEGAL PROCEEDINGS. A COUNCIL OR OTHER PARTIESSHOULD BE GUIDED BY THEIR OWN LEGAL ADVICE.<strong>Chapter</strong> 13. How are councilsmade accountable for <strong>the</strong>iractions?This chapter sets out <strong>the</strong> mechanisms by which a council is madeaccountable for its actions.Each year, a council is required to adopt a management plan thatsets out its proposed strategy for at least <strong>the</strong> following three years,toge<strong>the</strong>r with its proposed revenue policy for <strong>the</strong> next year. Themanagement plan is to include a statement <strong>of</strong> <strong>the</strong> council’s objectivesand performance targets for its principal activities.A council is required to give public notice <strong>of</strong> its draft managementplan and any submissions must be considered prior to adoption <strong>of</strong> <strong>the</strong>management plan.A council is required to have two funds (a consolidated fund and a trustfund). It must keep proper accounts which are to be audited annually.Each year, a council is required to prepare an annual report on itswork and activities.The Minister retains a supervisory role in relation to councils. TheMinister and <strong>the</strong> Director-General are able to call for fur<strong>the</strong>r informationfrom councils, and <strong>the</strong> Director-General is able to authorise persons toinvestigate and report on matters connected with a council’s work andactivities and to direct a council to act on any recommendationscontained in such a report, or in a report made by <strong>the</strong> Ombudsmanregarding <strong>the</strong> council.<strong>Chapter</strong> 14. Honesty anddisclosure <strong>of</strong> interestsThis <strong>Chapter</strong> places obligations on councillors, council delegates and staff<strong>of</strong> councils to act honestly and responsibly in carrying out <strong>the</strong>ir functions.The chapter also requires councils to adopt a code <strong>of</strong> conduct forcouncillors, staff and o<strong>the</strong>r persons associated with <strong>the</strong> functions <strong>of</strong>councils. However, <strong>the</strong> chapter does not affect any o<strong>the</strong>r dutiesimposed by o<strong>the</strong>r laws or any <strong>of</strong>fences created by o<strong>the</strong>r laws.It also requires that pecuniary interests <strong>of</strong> councillors, councildelegates and o<strong>the</strong>r persons involved in making decisions or givingadvice on council matters be publicly recorded and requirescouncillors and staff to refrain from taking part in decisions on councilmatters in which <strong>the</strong>y have a pecuniary interest.

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