2020-05-12 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                                 12 MAY 2020


(3)    If the advice or information requested under subsection (1) or (2) relates to a document, the
       requirement under subsection (9) to comply with the request includes a requirement to provide a copy
       of the document.
(4)    Subsections (2) and (3) do not apply to information or a document—
       (a)  that is a record of the conduct tribunal; or
       (b)  that was a record of a former conduct review body; or
       (c)  if disclosure of the information or document to the councillor would be contrary to an order of a
            court or tribunal; or
       (d)  that would be privileged from production in a legal proceeding on the ground of legal
            professional privilege.
(5)    A request of a councillor under subsection (1) or (2) is of no effect if the request does not comply with
       the acceptable requests guidelines.
(6)    Subsection (5) does not apply to—
       (a)  the mayor; or
       (b)   the chairperson of a committee of a local government if the request relates to the role of the
            chairperson.
(7)    The acceptable requests guidelines are guidelines, adopted by resolution of the local government,
       about—
       (a)    the way in which a councillor may ask a local government employee for advice to help the
             councillor carry out his or her responsibilities under this Act; and
       (b)   reasonable limits on requests that a councillor may make.
(8)    In this section a local government employee includes a person prescribed under a regulation.
(9)    The chief executive officer must comply with a request made to the chief executive officer under
       subsection (1) or (2)—
       (a)  within 10 business days after receiving the request; or
       (b)  if the chief executive officer reasonably believes it is not practicable to comply with the request
            within 10 business days—within 20 business days after receiving the request.
       Maximum penalty—20 penalty units.
(10)   If the chief executive officer forms the belief mentioned in subsection (9)(b), the chief executive officer
       must give the councillor notice about the belief and the reasons for the belief within 10 business days
       after receiving the request.
(11)   In this section—
       former conduct review body means a regional conduct review panel or the Local Government
       Remuneration and Discipline Tribunal under this Act as in force before the commencement of
       the Local Government (Councillor Complaints) and Other Legislation Amendment Act 2018,
       section 18.
The policy provides clear guidelines about how Councillors can request assistance, advice or
information from Council employees and the guiding principles for how this occurs. The Guidelines
reflect Council’s existing practice of open communication and information flow between Councillors
and Council employees. It also reflects the practical consideration that the more complex an issue
the more important it is that a Councillor request would go to a more senior employee.

Previous Council Consideration
Ordinary Meeting, 12 March 2015
That Council note the report by the Chief Executive Officer to the Planning & Organisation
Committee Meeting dated 3 March 2015 and
A.     Repeal the Councillor Acceptable Request Guidelines that transferred to the Noosa Council
       from the Sunshine Coast Regional Council under the Local Government (Deamalgamation
       Implementation) Regulation 2013; and
B.     Adopt the Councillor Request Guidelines (provided at Attachment 1 to the report).
Finance

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