Ian Gilfillan

 Extract from Hansard

 Legislative Council
29 July 1999

 

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LOCAL GOVERNMENT BILL
PROTECTION FOR COUNCIL AUDITORS DENIED

Debate on the Local Government package of Bills. i.e. 
  • Local Government Bill 1999,
  • Local Government (Elections) Bill 1999,
  • Statutes Repeal and Amendment Bill (Local Government) 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 amendment which sought to increase protection for Council auditors who may have their contracts terminated unfairly.  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 129.

The Hon. IAN GILFILLAN: I move:

Page 99, after line 17—Insert:

(9) If an auditor is removed from office under subsection (5)(f)—

(a) the council must inform the auditor and the Auditor-General in writing of the reasons for the removal; and

(b) the auditor must, if the Auditor-General so determines, complete an audit commenced before the date of removal (at a rate of remuneration determined by the Auditor-General).

This amendment was sought or encouraged by the accountancy profession, partly to protect against unwarranted dismissal of an auditor in the pursuit of his or her professional duty. The amendment inserts subclause (9) after subclause (8) of clause 5 which provides:

The office of auditor becomes vacant if. . . 

Then there are conditions about what happens between a council and an auditor. My proposed subclause (9) provides:

If an auditor is removed from office under subsection (5)(f). . .

Subsection (5)(f) provides:

the auditor is removed from office by the council for reasonable cause.

If an auditor is removed from office, my proposed subclause (9) provides:

(a) the council must inform the auditor and the Auditor-General in writing of the reasons for the removal; and

(b) the auditor must, if the Auditor-General so determines, complete an audit commenced before the date of removal (at a rate of remuneration determined by the Auditor-General).

The Hon. T.G. CAMERON: SA First will be opposing the amendment moved by the Hon. Ian Gilfillan. I think it is overly bureaucratic, and I am still smarting from the last reference to the Auditor-General when he spent $350 000 preparing the Port Adelaide Flower Farm report. I am not sure I want to send anything back to the Auditor-General.

The Hon. DIANA LAIDLAW: The Government is fully persuaded by SA First's arguments.

The Hon. T.G. ROBERTS: The Labor Party will be opposing the amendment.

Amendment negatived; clause passed.

Clause 130.

The Hon. IAN GILFILLAN: I move:

Page 99, line 22—Leave out `and principles'.

It is quite clear that it is appropriate for standards to be prescribed in regulations, but not principles.

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

Amendment carried; clause as amended passed.


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