Ian Gilfillan

 Extract from Hansard

 Legislative Council
27 July 1999

 

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Ian Gilfillan
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LOCAL GOVERNMENT BILL
INCREASED PUBLIC ACCOUNTABILITY, OPENNESS

Debate on the Local Government package of Bills. i.e. 
  • Local Government Bill 1999,
  • Local Government (Elections) Bill 1999,
  • Statutes Repeal and Amendment (Local Government) Bill 1999

took place in the Legislative Council over two weeks: from 27 July to 5 August 1999.  For ease of reference, on the Democrats web site the debates have been separated into individual pages, each page containing an edited transcript of only one aspect of the total package.

This page covers only the Democrats moves to increase public accountability and openness.    For an index of other topics covered in the Local Government Bills, see the Democrats Local Government page, or the 1999 Budget Session Index

Clause 44.

The Hon. IAN GILFILLAN: I move:

Page 42, after line 32—Insert:

(6a) A person is entitled to inspect (without charge) the record of delegations under subsection (6) at the principal office of the council during ordinary office hours.

(6b) A person is entitled, on payment of a fee fixed by the council, to an extract from the record of delegations under subsection (6).

This applies to the right of inspection of the record of delegations under subsection (6), and subsection (6) provides:

The council must cause a separate record to be kept of all delegations under this section, and should at least once in every financial year review the delegations for the time being in force under this section.

My amendment spells out how a person is able to inspect the record of these delegations, on the firm conviction that it should be clearly and easily available to the public, clearly on the public record; so there is both a subclause (6a) and a subclause (6b). Subclause (6a) entitles a person to inspect the record of delegation free of charge, but if the person does require a copy from that record then a fee can be charged by the council, and that is covered in new subclause (6b).

The Hon. DIANA LAIDLAW: The Government accepts the amendment.

Amendment carried; clause as amended passed.

Clause 45.

The Hon. IAN GILFILLAN: I move:

Page 43, after line 3—Insert:

(1a) Subject to subsection (2), the principal office of a council must be open to the public for the transaction of business during hours determined by the council.

This amendment requires a council to keep the principal office open so that the public can have access to it. Although the Bill requires a council to nominate a place as its principal office for the purposes of this Act, there is no stipulation as to what hours that office should be open. I remind members of the Committee that subclause (2) provides:

A council should consult with its local community in accordance with its public consultation policy about the manner, places and times at which its offices will be open to the public for the transaction of business, and about any significant changes to these arrangements.

The Hon. DIANA LAIDLAW: The Government accepts the amendment.

The Hon. A.J. REDFORD: I take it that the Local Government Association does not have any problems with this and that it will not affect a small council which has a perfectly adequate arrangement contrary to this clause?

The Hon. IAN GILFILLAN: That is a fair question to ask. The indication we have from the Local Government Association is that, although it did not initiate the amendment, it does not oppose it. The Hon. Angus Redford will note that the wording of the provision, even as amended, does have some latitude and therefore does need some consideration.

Amendment carried; clause as amended passed.


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