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2020-05-12 Services & Organisation Committee Agenda

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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA    12 MAY 2020




                                                   Page 16 of 119

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                                     12 MAY 2020

          e   Employees must keep a record of assistance, advice or information provided to councillors as they
              would in advising or assisting a member of the public or another authority. This is to be recorded in
              Council’s record management system.

           Furthermore, a councillor may not request information or a document that:
          e   ls arecord of the Councillor Conduct Tribunal; or that was a record of a former conduct review body; or
          e   If disclosure of the information or document to the councillor would be contrary to an order of a court or
              tribunal; or
          e   Would be privileged from production in a legal proceeding on the ground of legal professional privilege.

           ROLES AND RESPONSIBILITIES

           This policy applies to the councillors of the Noosa Shire Council. With regard to the application of these
           Guidelines to the Mayor, section 12 (4) of the Act is noted wherein the Mayor is given extra local
           government responsibilities.

           Furthermore, a complaint about the failure to comply with these Guidelines by a councillor may be
           considered inappropriate conduct in accordance with section 150K of the Act and will be referred to the
           Assessor.

           RELEVANT LEGISLATION

           Local Government Act 2009:

           Section 12 — Responsibilities of Councillors
           Section 13 — Responsibilities of local government employees
           Section 170 — Giving directions to local government staff
           Section 170A — Requests for assistance or information
           Section 171 — Use of information by Councillors
           Section 171A — Prohibited conduct by Councillor in possession of inside information
           Section 200 — Use of information by local government employees
           Local Government Regulation 2012

           DEFINITIONS

           Councillor of a local government includes the Mayor, noting section 12(4) (c) of the Local Government
           Act 2009.

           CEO is the Chief Executive Officer of the council as prescribed by the Local Government Act 2009.
           Local government / council employee includes a person prescribed under a regulation.

            Version    Reason/ Trigger                 Change (Y/N   Endorsed/ Reviewed by      Date

            2.0       Review                          Y,             DES                       20/05/2020

                                                                                                    Page 3 of 3

                                                                                                   Page 16 of 119
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