(Vic) Local Government Act 2020

LOCAL GOVERNMENT ACT 2020 - SECT 9 (1), (2)

S9. Overarching governance principles and supporting principles

(1) A Council must in the performance of its role give effect to the overarching governance principles. and

(2)

(b) priority is to be given to achieving the best outcomes for the municipal community, including future generations;

(c) the economic, social and environmental sustainability of the municipal district, including mitigation and planning for climate change risks, is to be promoted.

(Tas) Local Government Act

LOCAL GOVERNMENT ACT 1993 - SECT 20

Functions and powers

(1) In addition to any functions of a council in this or any other Act, a council has the following functions:

(a) to provide for the health, safety and welfare of the community;

(b) to represent and promote the interests of the community;

(c) to provide for the peace, order and good government of the municipal area.

(2) In performing its functions, a council is to consult, involve and be accountable to the community.

(3) A council may do anything necessary or convenient to perform its functions either within or outside its municipal area.

(4) A council may transfer to a single authority or a joint authority –

(a) any of its assets and liabilities on any condition it determines; or

(b) any of its employees.

(5) A council may –

(a) acquire, hold, dispose of and otherwise deal with property; and

(b) sue and be sued in its corporate name.

(SA) Local Government Act 1999

LOCAL GOVERNMENT ACT 1999 - SECT 8 (a) (d)

8—Principles to be observed by council

A council must act to uphold and promote observance of the following principles in the performance of its roles and functions—

(a) provide open, responsive and accountable government;

(b) be responsive to the needs, interests and aspirations of individuals and groups within its community;

(c) participate with other councils, and with State and national governments, in setting public policy and achieving 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 community;

(e) seek to co-ordinate with State and national government in the planning and delivery of services in which those governments have an interest;

(ea) seek to collaborate, form partnerships and share resources with other councils and regional bodies for the purposes of delivering cost-effective services (while avoiding cost-shifting among councils), integrated planning, maintaining local representation of communities and facilitating community benefit;

(f) seek to facilitate sustainable development and the protection of the environment and 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 and council services, facilities and programs are provided effectively and efficiently;

(i) seek to provide services, facilities and programs that are adequate and appropriate and seek to ensure equitable access to its services, facilities and programs;

(ia) seek to balance the provision of services, facilities and programs with the financial impact of the provision of those services, facilities and programs on ratepayers;

(j) achieve and maintain standards of good public administration;

(k) ensure the sustainability of the council's long-term financial performance and position.

(QLD) Local Government Act 2009

LOCAL GOVERNMENT ACT 2009 - SECT 4 (2)

Local government principles underpin this Act

4 LOCAL GOVERNMENT PRINCIPLES UNDERPIN THIS ACT

(1) To ensure the system of local government is accountable, effective, efficient and sustainable, Parliament requires—

(a) anyone who is performing a responsibility under this Act to do so in accordance with the local government principles; and

(b) any action that is taken under this Act to be taken in a way that—

(i) is consistent with the local government principles; and

(ii) provides results that are consistent with the local government principles, in as far as the results are within the control of the person who is taking the action.

(2) The "local government principles" are—

(a) transparent and effective processes, and decision-making in the public interest; and

(b) sustainable development and management of assets and infrastructure, and delivery of effective services; and

(c) democratic representation, social inclusion and meaningful community engagement; and

(d) good governance of, and by, local government; and

(e) ethical and legal behaviour of councillors, local government employees and councillor advisors.

(NSW) Local Government Act 1993

LOCAL GOVERNMENT ACT 1993 - SECT 8

8 OBJECT OF PRINCIPLES

The object of the principles for councils set out in this Chapter is to provide guidance to enable councils to carry out their functions in a way that facilitates local communities that are strong, healthy and prosperous.

LOCAL GOVERNMENT ACT 1993 - SECT 8A (2), (3)

8A GUIDING PRINCIPLES FOR COUNCILS

(1) Exercise of functions generally.
The following general principles apply to the exercise of functions by councils--

(a) Councils should provide strong and effective representation, leadership, planning and decision-making.

(b) Councils should carry out functions in a way that provides the best possible value for residents and ratepayers.

(c) Councils should plan strategically, using the integrated planning and reporting framework, for the provision of effective and efficient services and regulation to meet the diverse needs of the local community.

(d) Councils should apply the integrated planning and reporting framework in carrying out their functions so as to achieve desired outcomes and continuous improvements.

(e) Councils should work co-operatively with other councils and the State government to achieve desired outcomes for the local community.

(f) Councils should manage lands and other assets so that current and future local community needs can be met in an affordable way.

(g) Councils should work with others to secure appropriate services for local community needs.

(h) Councils should act fairly, ethically and without bias in the interests of the local community.

(i) Councils should be responsible employers and provide a consultative and supportive working environment for staff.

(2) Decision-making.
The following principles apply to decision-making by councils (subject to any other applicable law)—

(a) Councils should recognise diverse local community needs and interests.

(b) Councils should consider social justice principles.

(c) Councils should consider the long term and cumulative effects of actions on future generations.

(d) Councils should consider the principles of ecologically sustainable development.

(e) Council decision-making should be transparent and decision-makers are to be accountable for decisions and omissions.

(3) Community participation Councils should actively engage with their local communities, through the use of the integrated planning and reporting framework and other measures.

(WA) Local Government Act 1995

LOCAL GOVERNMENT ACT 1995 - SECT 1.3 (3)

1.3 . Content and intent

(1) This Act provides for a system of local government by —

(a) providing for the constitution of elected local governments in the State; and

(b) describing the functions of local governments; and

(c) providing for the conduct of elections and other polls; and

(d) providing a framework for the administration and financial management of local governments and for the scrutiny of their affairs.

(2) This Act is intended to result in —

(a) better decision-making by local governments; and

(b) greater community participation in the decisions and affairs of local governments; and

(c) greater accountability of local governments to their communities; and

(d) more efficient and effective local government.

(3) In carrying out its functions a local government is to use its best endeavours to meet the needs of current and future generations through an integration of environmental protection, social advancement and economic prosperity.

(NT) Local Government Act 2019

LOCAL GOVERNMENT ACT 2019 - SECT 4

Principles

(1) The underlying principles of this Act are as follows:

(a) local government is a distinct and essential sphere of government;

(b) the system of local government:

(i) needs to be flexible and adaptable to the diverse interests and needs of the many communities within the Territory; and

(ii) needs to be comprehensive, democratic, responsive to community needs and accountable both to local communities and the public generally.

(2) Anyone exercising a power or performing a function under this Act must, as far as practicable, uphold the principles.

(3) However, the principles do not affect the operation of any law in force in the Territory.

LOCAL GOVERNMENT ACT 2019 - SECT 5

Rights and interests of Aboriginal traditional owners

The rights and interests of Aboriginal traditional owners, as set out in the Aboriginal Land Rights (Northern Territory) Act 1976(Cth) and the Native Title Act 1993 (Cth), are to be recognised and the delivery of local government services must be in harmony with those Acts.

LOCAL GOVERNMENT ACT 2019 - SECT 6 ( c )

Overview

This Act provides for the following:

(a) the establishment of a democratic and effective system of local government that recognises the diversity of communities in the Territory;

(b) the conferral of wide powers on councils to act for the advancement, and in the best interests, of their local communities;

(c) the enabling of councils to play a broad role in promoting the social, economic, environmental, and cultural well-being of their local communities;

(d) the imposition of high standards of ethical conduct on council members;

(e) the requirement on councils of high standards of governance, service delivery, asset management and financial accountability;

(f) the requirement on councils to promote and assist constructive participation by their local communities in achieving effective local government for their areas.