City of Adelaide Act 1998 (SA)

South Australia City of Adelaide Act 1998 An Act to establish mechanisms to enhance the role of the City of Adelaide as the capital city of South Australia; to make special provision in relation to the local governance of the City of Adelaide; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Objects 4 Interpretation 5 Interaction with Local Government Act Part 2—Collaborative arrangements for the strategic development of the City of Adelaide Division 1—Establishment of the Capital City Committee 6 Establishment of the Capital City Committee 7 Membership of the Capital City Committee 8 Chairperson of the Capital City Committee 9 Deputies Division 2—Function of the Capital City Committee 10 Function of the Capital City Committee 11 Programs Division 3—Proceedings and operations 12 Proceedings 13 Subcommittees 14 Staff etc 15 Delegation Division 4—Reporting and review 16 Reporting 17 Review Division 5—Other matters 18 Access to information 19 Committee not to be subject to Parliamentary Committees Act Part 3—Special arrangements for the Adelaide City Council Division 1—Constitution of Council 20 Constitution of Council Division 2—Role of members 21 Lord Mayor 22 Members Division 4—Allowances and benefits 24 Allowances 25 Reimbursement of expenses 26 Provision of facilities and support Division 5—Specific provisions relating to the chief executive officer 27 Role of chief executive officer 28 Appointment of staff Division 6—Administrative and financial matters 29 Objectives 30 Strategic plans 34 Financial reporting Part 4—Miscellaneous 37A Rundle Mall 37B Corporate name 37C The Corporation Acre 38 Regulations Schedule 1—Special provisions for elections and polls Part 1—Preliminary 1 Interaction with Local Government (Elections) Act 1999 Part 2—Enrolment 2 Qualifications for enrolment 3 The voters roll Part 3—Entitlement to vote 4 Entitlement to vote 5 Entitlement to stand for election Part 7—Special provisions relating to postal voting 18 Issue of postal voting papers 19 Arranging postal papers Part 8—Campaign donations and expenditure Division 1—Preliminary 22 Interpretation Division 2—Returns 23 Returns for candidates 24 Campaign donations returns 24A Large gifts returns 24B Disclosure period etc for returns 25 Campaign expenditure return 26 Certain gifts not to be received 27 Inability to complete returns 28 Amendment of returns 29 Offences 30 Failure to comply with Division Division 3—Public access to information 31 Public inspection of returns 32 Restrictions on publication Division 4—Related matters 33 Requirement to keep proper records 34 Related matters Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the City of Adelaide Act 1998. 3—Objects The objects of this Act are— (a) to recognise, promote and enhance the special social, commercial, cultural and civic role that the City of Adelaide plays as the capital city and heart of South Australia; and (b) to provide for collaborative arrangements for intergovernmental liaison between the State and The Corporation of the City of Adelaide for the strategic development of the City of Adelaide and the representation of the interests of South Australians not enfranchised to vote in elections for the Corporation; and (c) to revise and enhance local governance arrangements for the City of Adelaide; and (d) to ensure access to the City of Adelaide for all South Australians. 4—Interpretation In this Act, unless the contrary intention appears— Adelaide City Council or the Council means The Corporation of the City of Adelaide; Capital City Committee or the Committee means the Capital City Committee established by section 6; City of Adelaide means the area of the Adelaide City Council; City of Adelaide community includes all people who live, work, study or conduct business in, or who visit, use or enjoy the services, facilities and public places of, the City of Adelaide; council member means a member of the Adelaide City Council. 5—Interaction with Local Government Act (1) This Act, the Local Government Act 1999 and the Local Government (Elections) Act 1999 will be read together and construed as if the three Acts constituted a single Act. (2) In the event of an inconsistency between this Act and the Local Government Act 1999 or the Local Government (Elections) Act 1999, the provisions of this Act prevail. Part 2—Collaborative arrangements for the strategic development of the City of Adelaide Division 1—Establishment of the Capital City Committee 6—Establishment of the Capital City Committee The Capital City Committee is established. 7—Membership of the Capital City Committee (1) The Capital City Committee consists of the following members: (a) — (i) the Premier, or a Minister nominated by the Premier; and (ii) two other Ministers nominated by the Premier; and (b) — (i) the Lord Mayor or, if the Lord Mayor chooses not to be a member of the Committee, another member of the Adelaide City Council nominated by the Council; and (ii) two other members of the Adelaide City Council nominated by the Council. (2) A person ceases to be a member of the Committee if— (a) in the case of a person holding office as a member under subsection (1)(a)— (i) in the case of a nominee of the Premier under subsection (1)(a)(i)—the nomination is withdrawn by the Premier; or (ii) the person ceases to be a Minister; or (iii) another Minister is nominated in substitution for the person; (b) in the case of a person holding office as a member under subsection (1)(b)— (i) in the case of a nominee of the Adelaide City Council under subsection (1)(b)(i)—the Lord Mayor chooses to become a member of the Committee, or another member of the Council is nominated in substitution for the person; or (ii) the person ceases to be a member of the Adelaide City Council; or (iii) in the case of a nominee of the Adelaide City Council under subsection (1)(b)(ii)—another member of the Adelaide City Council is nominated in substitution for the person. (3) The performance of a function or the exercise of a power by the Committee is not affected by a vacancy or vacancies in the membership of the Committee. (4) Anything done by or in relation to a person purporting to act under a nomination under this section is not invalid merely because there was a defect or irregularity in connection with the nomination. (5) A member of the Committee incurs no civil liability for an honest act or omission in the performance or exercise, or purported performance or exercise, of the member's or the Committee's functions or powers under this Act. (6) A civil liability that would, but for subsection (5), attach to a member attaches instead to— (a) in the case of a member holding office under subsection (1)(a)—the Crown; (b) in the case of a member holding office under subsection (1)(b)—the Adelaide City Council. 8—Chairperson of the Capital City Committee The Premier, or another member of the Committee nominated by the Premier from time to time, will be the Chairperson of the Capital City Committee. 9—Deputies (1) The Premier may nominate a Minister to be a deputy of the Premier, or of another Minister, for the purposes of the Capital City Committee. (2) The Adelaide City Council may nominate a member of the Council to be a deputy of a member of the Capital City Committee under section 7(1)(b), for the purposes of the Committee. (3) A deputy may act as a member of the Committee in the event of the absence or unavailability of the member of the Committee in relation to whom the deputy is appointed. (4) Anything done by or in relation to a person purporting to act under a nomination under this section is not invalid merely because— (a) there was a defect or irregularity in connection with the nomination; or (b) the occasion to act had not arisen or had ceased. Division 2—Function of the Capital City Committee 10—Function of the Capital City Committee (1) The Capital City Committee is established as an intergovernmental body to enhance and promote the development of the City of Adelaide as the capital city of the State and, for that purpose, may— (a) identify and promote key strategic requirements for the economic, social, physical and environmental development and growth of the City of Adelaide as the primary focus for the cultural, educational, tourism, retail and commercial activities of South Australia; and (b) promote and assist in the maximisation of opportunities for the effective co-ordination of public and private resources to meet the key strategic requirements identified by the Committee, and recommend priorities for joint action by the State Government and the Adelaide City Council (within established budget processes and programs); and (c) monitor the implementation of programs designed to promote the development of the City of Adelaide; and (d) make provision for the publication (as appropriate) of key strategies, goals and commitments relevant to the development and growth of the City of Adelaide that have been agreed by the parties who are (or will be) required to undertake responsibility for their implementation or delivery; and (e) collect, analyse and disseminate information about the economic, social, physical and environmental development of the City of Adelaide, with particular emphasis on assessing outcomes and identifying factors that will encourage or facilitate future development within the City of Adelaide; and (f) take on other tasks incidental to the preceding paragraphs. (2) The Committee must convene a forum ("the Capital City Forum") drawn from members of the City of Adelaide community determined by the Committee, and seek advice from, or share information with, the members of the forum. 11—Programs (1) The Capital City Committee must prepare a Capital City Development Program for consideration by the State Government and the Adelaide City Council. (2) The Committee may prepare or adopt other programs. (3) A program prepared or adopted by the Committee— (a) is subject to endorsement or adoption by the State Government and the Adelaide City Council (unless already so endorsed); and (b) is to be taken to be an expression of policy that does not derogate from the ability or power of the State Government or the Adelaide City Council to act in any matter itself, and that does not affect rights or liabilities (whether of a substantive, procedural or other nature). (4) The Committee must monitor the implementation of the Capital City Development Program (once endorsed or adopted under subsection (3)) on a regular basis and, to the extent that is appropriate and necessary, ensure that it is revised by the end of February in each year for the purposes of the ensuing financial year. Division 3—Proceedings and operations 12—Proceedings (1) The Capital City Committee must meet at least four times in each year. (2) The proceedings of the Committee will be— (a) as prescribed by regulation; or (b) insofar as the proceedings are not prescribed by regulation—as determined by the Committee. (3) A regulation cannot be made for the purposes of subsection (2) except after agreement between the Minister and the Adelaide City Council. 13—Subcommittees (1) The Capital City Committee may establish subcommittees. (2) The membership of a subcommittee will be determined by the Committee and may, but need not, consist of, or include, members of the Committee. (3) The proceedings of a subcommittee will be— (a) as determined by the Committee; or (b) insofar as the proceedings are not determined by the Committee—as determined by the subcommittee. 14—Staff etc (1) The Premier and the Adelaide City Council will jointly determine the administrative and staffing arrangements for the Capital City Committee. (2) The Committee may— (a) by arrangement with the appropriate authority, make use of the services, facilities or staff of a government department, agency or instrumentality; (b) by arrangement with the Adelaide City Council, make use of the services, facilities or staff of the Council. (3) The administrative and staffing costs of the Committee must be shared equally between the State and the Adelaide City Council. 15—Delegation (1) The Capital City Committee may delegate a function or power under this Act— (a) to a specified person or body; or (b) to a person occupying a specified position. (2) A delegation— (a) may be made subject to conditions and limitations specified in the instrument of delegation; and (b) if the instrument of delegation so provides—may be further delegated by the delegate; and (c) is revocable at will and does not prevent the Committee from acting itself in a matter. Division 4—Reporting and review 16—Reporting (1) The Capital City Committee must ensure that a report is prepared by 31 October in each year on the operation of the collaborative arrangements established under or pursuant to this Act during the financial year ending on the preceding 30 June. (2) The Premier must ensure that copies of a report prepared under subsection (1) are laid before both Houses of Parliament within 12 sitting days after the report is completed. (3) The Lord Mayor must ensure that copies of a report prepared under subsection (1) are presented to the Adelaide City Council within four weeks after the report is completed. 17—Review (1) The Premier must ensure that a report is prepared by 30 June 2002 on the operation of the collaborative arrangements established under or pursuant to this Act, and on any changes that should be considered or implemented to improve or enhance those arrangements. (2) The Premier must ensure— (a) that the Adelaide City Council is consulted during the preparation of the report under subsection (1); and (b) that any matters raised by the Adelaide City Council for inclusion in the report are so included; and (c) that the Adelaide City Council is given a reasonable opportunity to comment on a final draft of the report. (3) The Premier must ensure that copies of the report prepared under subsection (1) are laid before both Houses of Parliament within 12 sitting days after the report is completed. Division 5—Other matters 18—Access to information (1) The following will be taken to be exempt documents for the purposes of the Freedom of Information Act 1991: (a) a document that has been specifically prepared for submission to the Capital City Committee (whether or not it has been so submitted); (b) a preliminary draft of a document referred to in paragraph (a); (c) a document that is a copy of a part of, or contains an extract from, a document referred to in paragraph (a) or (b); (d) an official record of the Committee; (e) a document that contains matter the disclosure of which would disclose information concerning any deliberation or decision of the Committee. (2) A document is not an exempt document under subsection (1) if— (a) it merely consists of factual or statistical material that does not disclose information concerning any deliberation or decision of the Committee; or (b) it is within a class of documents excluded from the operation of subsection (1) by the regulations. (3) The Crown and the Adelaide City Council are entitled to access to— (a) a document referred to in subsection (1); and (b) any other document in the possession or control of the Committee under this Act. (4) However— (a) access to a document is not available under subsection (3) in breach of a duty of confidence; and (b) access to a document under subsection (3) may be given on conditions determined by the Committee. (5) In this section, a reference to the Committee includes a reference to a subcommittee or delegate of the Committee acting under this Act. 19—Committee not to be subject to Parliamentary Committees Act The functions and operations of the Capital City Committee may not be subject to inquiry under the Parliamentary Committees Act 1991. Part 3—Special arrangements for the Adelaide City Council Division 1—Constitution of Council 20—Constitution of Council (1) The Adelaide City Council will be constituted of— (a) the Lord Mayor; and (b) other members. (4) The Council may resolve to have a Deputy Lord Mayor in accordance with the provisions of the Local Government Act 1999. Division 2—Role of members 21—Lord Mayor Subject to this Act, the role of the Lord Mayor as leader of the Council is— (a) as the principal member of the Council— (i) to provide leadership and guidance to the Council; and (ii) to lead the promotion of positive and constructive working relationships among members of the Council; and (iii) to provide guidance to council members on the performance of their role, including on the exercise and performance of their official functions and duties; and (iv) to support council members' understanding of the separation of responsibilities between elected representatives and employees of the Council; and (v) to preside at meetings of the Council; and (vi) to liaise with the chief executive officer on the implementation of decisions of the Council between Council meetings (as necessary); and (vii) to act as the principal spokesperson of the Council; and (viii) to exercise other functions of the Council as the Council determines; and (b) as the principal elected member of the Council representing the capital city of South Australia— (i) to provide leadership and guidance to the City of Adelaide community; and (ii) to participate in the maintenance of inter‑governmental relationships at regional, State and national levels; and (iii) to carry out civic and ceremonial duties associated with the office of Lord Mayor. 22—Members (1) The role of a member of the Council is— (a) as a member of the governing body of the Council— (i) to act with integrity; and (ii) to ensure positive and constructive working relationships within the Council; and (iii) to recognise and support the role of the Lord Mayor under the Act; and (iv) to develop skills relevant to the role of a member of the Council and the functions of the Council as a body; and (v) to participate in the deliberations and activities of the Council; and (vi) to provide community leadership and guidance to the City of Adelaide community and to participate in achieving a vision for the desired future of the City through the formulation of strategic plans and policies; and (vii) to keep the Council's goals and policies under review to ensure that they are appropriate and effective; and (viii) to keep the Council's resource allocation, expenditure and activities, and the efficiency and effectiveness of its service delivery, under review; and (ix) to participate in the oversight of the chief executive officer's performance under the Council's contract with the chief executive officer; and (x) to serve the overall public interest of the City of Adelaide; and (b) as a person elected to the Council—to represent the interests of residents and ratepayers of the Council and to facilitate communication between the community and the Council. (2) The Lord Mayor may authorise another member of the Council to act in place of, or to represent, the Lord Mayor in the performance of a particular function. (3) An authorisation under subsection (2) cannot derogate from the role of a Deputy Lord Mayor under the Local Government Act 1999. (4) A member of the Council has no direct authority over an employee of the Council with respect to the way in which the employee performs his or her duties. Division 4—Allowances and benefits 24—Allowances (1) Subject to this Act, a member of the Council is entitled to the allowance determined by the Remuneration Tribunal in relation to the member's office and indexed in accordance with this section. (2) The Remuneration Tribunal must make determinations under this section on a 4 yearly basis before the designated day in relation to each periodic election for the City of Adelaide held under the Local Government (Elections) Act 1999. (3) The Remuneration Tribunal must, in making a determination under this section, have regard to the following: (a) the role of members of the Council as members of the Council's governing body and as representatives of their area; (b) the size, population and revenue of the Council, and any relevant economic and social factors in the council area; (c) the fact that an allowance under this section is not intended to amount to a salary for a member; (d) the fact that an allowance under this section should reflect the nature of a member's office; (e) the provisions of this Act providing for the reimbursement of expenses of members. (4) For the purposes of the proceedings before the Remuneration Tribunal but without derogating from the operation of subsection (3), the allowances to be determined under this section will be taken to be in the nature of a fee under the definition of remuneration in the Remuneration Act 1990. (5) Without limiting section 10 of the Remuneration Act 1990, the Remuneration Tribunal must allow persons who are entitled to be enrolled on the voters roll for the City of Adelaide, and the LGA, a reasonable opportunity to make submissions orally or in writing to the Tribunal in relation to any determination under this section. (6) Nothing in subsection (5) requires the Remuneration Tribunal, for the purposes of making all determinations required under this section in any 4 year period, to hold more than 1 hearing to receive any oral submissions that persons may care to make (and the Tribunal is not required to hold any hearing if it appears to the Tribunal that no one is seeking to make oral submissions). (7) The rates of allowances may vary from office to office. (8) An allowance determined under this section will be payable for the period— (a) commencing on the conclusion of the relevant periodic election; and (b) concluding at the time at which the last result of the next periodic election for the City of Adelaide held under the Local Government (Elections) Act 1999 is certified by the returning officer under that Act (including in respect of a member of the Council for whom the conclusion of the next periodic election is, for other purposes, the last business day before the second Saturday of November of the year of the periodic election as a result of the operation of section 4(2)(a) of the Local Government Act 1999). (9) An allowance determined under this section is to be adjusted on the first, second and third anniversaries of the relevant periodic election to reflect changes in the Consumer Price Index. (10) Sections 17 and 19 of the Remuneration Act 1990 do not apply in relation to a determination under this section. (11) Subject to subsection (8), a member of the Council who holds an office for part only of the period in respect of which an allowance is payable is entitled to the proportion of the allowance that the period for which the member held the office bears to the total period. (12) An allowance under this section is to be paid in accordance with any requirement set out in the regulations (unless the member declines to accept payment of an allowance). (13) Despite any other Act or law, the reasonable costs of the Remuneration Tribunal in making a determination under this section are to be paid by the LGA under an arrangement established by the President of the Tribunal after consultation with the LGA. (13a) The LGA may recover the reasonable costs incurred by the Remuneration Tribunal in making a determination under this section as a debt from the Council. (14) Regulations made for the purposes of this section may make different provisions according to the offices to which they are expressed to apply. (15) In this section— Consumer Price Index means the Consumer Price Index (All groups index for Adelaide) published by the Australian Bureau of Statistics; designated day, in relation to a particular periodic election, means the day that is 14 days before the day on which nominations close for that election. 25—Reimbursement of expenses (1) A member of the Council is entitled to receive from the Council— (a) reimbursement of expenses of a kind prescribed for the purposes of this paragraph incurred in performing or discharging official functions and duties; and (b) reimbursement of expenses of a kind prescribed for the purposes of this paragraph, and approved by the Council (either specifically or under a policy established by the Council for the purposes of this section), incurred in performing or discharging official functions and duties. (2) A policy under subsection (1)(b) lapses at a general election of the Council. 26—Provision of facilities and support (1) The Council may provide facilities and other forms of support to its members to assist the members in performing or discharging official functions and duties. (2) The provision of facilities and services under this section is at the discretion of the Council subject to complying with the following requirements: (a) the Council must specifically resolve that the provision of the facilities or services is necessary or expedient to the performance or discharge of official functions or duties; (b) facilities and services must be available to members on a uniform basis (other than facilities or services specifically provided for the benefit of the Lord Mayor); (c) any property provided to a member remains the Council's. (3) A member of the Council must not use a facility or service provided by the Council under this section for a purpose unrelated to the performance or discharge of official functions or duties (unless the use has been approved by the Council and the member has agreed to reimburse the Council for any additional costs or expenses associated with this use). Division 5—Specific provisions relating to the chief executive officer 27—Role of chief executive officer The functions of the chief executive officer of the Council include— (a) to ensure that the policies and lawful decisions of the Council are implemented in a timely and efficient manner; (b) to undertake responsibility for the day-to-day operations and affairs of the Council; (c) to provide advice and reports to the Council on the exercise and performance of its powers and functions under this or any other Act; (d) to co-ordinate proposals for consideration by the Council for developing objectives, policies and programs for the area; (e) to provide information to the Council to assist the Council to assess performance against its strategic, corporate and operational plans; (f) to ensure that timely and accurate information about Council policies and programs is regularly provided to the City of Adelaide community, and to ensure that appropriate and prompt responses are given to specific requests for information made to the Council; (g) to support and advance the role that the City of Adelaide plays as the capital city of South Australia; (h) to ensure that the assets and resources of the Council are properly managed and maintained; (i) to ensure that records required under this or another Act are properly kept and maintained; (j) to give effect to the principles of human resource management prescribed by the Local Government Act 1999 and to apply proper management practices; (ja) to ensure that effective policies, systems and procedures are established and maintained for the identification, assessment, monitoring, management and annual review of strategic, financial and operational risks; (jb) to report annually to the relevant audit and risk committee on the Council's internal audit processes; (k) to exercise, perform or discharge other powers, functions or duties conferred on the chief executive officer by or under this or other Acts, and to perform other functions lawfully directed by the Council. 28—Appointment of staff (1) The chief executive officer is responsible for appointing, managing, suspending and dismissing the other employees of the Council (on behalf of the Council). (2) The chief executive officer must ensure that an appointment under subsection (1) is consistent with strategic policies and budgets adopted or approved by the Council. Division 6—Administrative and financial matters 29—Objectives The Council must, in the performance of its roles and functions— (a) provide open, responsive and accountable government; (b) be sensitive to the needs, interests and aspirations of individuals and groups within the City of Adelaide community; (c) participate with other councils, and with State and national governments, in setting regional, State and national objectives; (d) give due weight, in all its plans, policies and activities, to regional, State and national objectives and strategies concerning the economic, social, physical and environmental development and management of the City of Adelaide; (e) seek to co-ordinate with State and national governments in the planning and delivery of services in which those governments have an interest; (f) seek to ensure a proper balance within its community between economic, social, environmental and cultural considerations; (g) manage its operations and affairs in a manner that emphasises the importance of service to the community; (h) seek to ensure that Council resources are used fairly, effectively and efficiently; (i) provide services, facilities and programs that are adequate and appropriate and seek to ensure equitable access to its services, facilities and programs. 30—Strategic plans (1) The Council should take reasonable steps to undertake, or to participate in, strategic planning for its area, and the State more generally (so far as is relevant to the City of Adelaide). (2) The Council should, in undertaking, or participating in, strategic planning seek— (a) to include an assessment of local and wider issues affecting the City of Adelaide and the Council's responses to those issues (including by co-operation with other councils and bodies); and (b) to develop policy statements and proposals to address issues associated with the economic, social, physical and environmental development and management of the City of Adelaide; and (c) to ensure consistency with any relevant state planning policy, the regional plan for Greater Adelaide (insofar as it is relevant to the City of Adelaide), and the Planning and Design Code, under the Planning, Development and Infrastructure Act 2016; and (d) to address other relevant issues. 34—Financial reporting (1) The Adelaide City Council must include in its financial statements under Chapter 8 Part 3 Division 3 of the Local Government Act 1999 for each financial year specific information that shows its expenditure, in actual terms and as a percentage of the total expenditure of the Council, in relation to— (a) the Council's commitments under the Capital City Development Program; and (b) works, services and activities that are directly related to the Council's economic development program for the City of Adelaide. (2) The Adelaide City Council must include in its annual report under Chapter 8 Part 4 of the Local Government Act 1999 specific information on the relationship between its annual business plan, general revenue raising policies and expenditure policies. (3) The Council must, at the request of the Minister, furnish the Minister with such additional information as the Minister may reasonably require concerning the relationship between its annual business plan, general revenue raising policies and expenditure policies. Part 4—Miscellaneous 37A—Rundle Mall (1) Rundle Mall (the Mall) continues as a pedestrian mall. (2) A person must not— (a) drive a vehicle on any part of the Mall; or (b) allow a vehicle to be or remain on any part of the Mall, otherwise than in accordance with a notice or permit published or given by the Adelaide City Council under this section. Maximum penalty: $750. Expiation fee: $105. (3) The Council may, by notice published in the Gazette— (a) specify the vehicles that may enter or remain in the Mall (and those vehicles may be defined by reference to vehicles generally, vehicles of a specified class, vehicles used for a specified purpose or by a specified person or persons of a specified class, or vehicles used in specified circumstances); (b) specify the hours or occasions during which vehicles may enter or remain in the Mall (and the hours so specified may vary according to a vehicle or class of vehicles or according to other specified circumstances). (4) The Council may, by notice in writing, permit a vehicle to enter and remain in the Mall for the purpose and fo