The government yesterday passed the Local Government (Early Intervention) Bill 2013 which will enable the Minister to issue a performance improvement order and to suspend a council if in the Minister’s opinion, such action is necessary to improve the performance and effective functioning of the Council. As the name of the Bill suggests the new provisions will allow the Minister to take early action to ensure the proper functioning of Councils.
This is an alternative to undertaking a public inquiry and dismissing a Council – the process to date. It does, however, give both the Minister and the Director-General wide discretion and powers to monitor and enforce performance of both individual Councillors and the Council as a whole.
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MatthewsFolbigg Lawyers, Parramatta, are specialist environmental, planning and local government lawyers who are able to advise in relation to all matters relating to local government. local governance. For assistance in reviewing any programs or if you would like to discuss the implications of this decision in more detail or speak with one of our specialist lawyers, call us on 1800 300 308.