The South Australian Parliament last week passed urgent legislation giving the Minister the power to vary or suspend the operation of most sections of the Local Government Act, if required to respond to an issue caused by a major emergency.
Local Government Association of South Australia (LGASA) requested the legislation saying these broad powers were a necessary measure as there is uncertainty about how long the public health emergency would be in place and the full extent of restrictions that may be imposed during this period.
To vary or suspend a section the Act, the Minister is required to issue a notice in the South Australian Government Gazette. A notice would, for example, be made to allow councils meetings to occur remotely rather than in person.
A notice can only be issued by the Minister following consultation with the LGASA, and a notice must not limit or restrict the powers of a council to impose rates and charges.
A suspension or variation of any section of the Act would last until the date specified in the notice or for 28 days after the end of the emergency declaration.
In Parliament on Friday, Minister Stephan Knoll foreshadowed his intention to suspend those parts of the Act which require the public to be permitted to attend council meetings, relating to council meeting quorum and sections relating to other public meetings and public consultation. He also indicated a willingness to consider extensions to a range of statutory deadlines.
LGASA said councils play a vital leadership role in their communities during times of emergency and it was important that the local government sector was able to carry out its functions in a manner that its safe for elected members, staff, volunteers and contractors.
LGASA is continuing to engage with the Minister about additional sections of the Act that may need to be suspended or varied during this time.
