2014-01-13 Item 6.3 Appendices 1-5

10. General governance issues
10.1. Local laws and other instruments
All instruments such as local laws, planning instruments, policies and procedures
will, on changeover day, transfer to the new council pursuant to the regulation.

References in those documents to the continuing council are to be read as
references to the new council where appropriate. Following changeover day, the
new council is at liberty to amend or update these instruments as deemed
appropriate.

The transfer manager must establish an inventory and official record of all
instruments.


10.2. Transfer of legal proceedings
In terms of the transfer of current legal proceedings, the transfer committee should
promptly identify all current proceedings and decide whether a proceeding is to
transfer to the new council government on changeover day.

Key factors which should be included in that decision-making process include:

      workcover claims involving staff will follow the staff member

      workplace health and safety claims pertaining to a particular workplace will
       remain with the council who will be responsible for that workplace. For
       example, if a library is located in a new council area, it may be suitable to
       transfer a related claim to the new council

      planning and environment matters will be transferred to the appropriate
       council based on the property’s location.


10.3. Business registration and tax
      requirements
 The transfer manager must ensure all necessary operational requirements such
 as registered trading name, ABN, registration for GST, FBT and other tax
 requirements are arranged.


10.4. Delegations and authorisations
 All existing delegations and authorisations of the continuing council apply to the
 new council until varied or revoked by the new council.




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