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Recent changes to local government legislation

Purpose

The purpose of this bulletin is to inform councils of the changes to the local government legislation to extend the timeframe for a local government to adopt a lesser amount of remuneration payable to its councillors.

Details

Timeframe to adopt a lesser amount of councillor remuneration

The Local Government Remuneration and Discipline Tribunal (the Tribunal) is established under section 183 of the Local Government Act 2009 (LGA) and is responsible for deciding the maximum amount of remuneration that is payable to councillors in each local government category.

The Local Government Regulation 2012 (LGR) section 244 provides the Tribunal must decide the maximum amount of remuneration payable to councillors before 1 December each year, payable from 1 July the following year. The determined remuneration then forms part of a remuneration schedule prepared and gazetted by the Tribunal, which continues in effect until a new remuneration schedule applies (LGR section 246).

Under section 247 of the LGR a local government must pay the maximum amount of remuneration under the remuneration schedule unless it decides, by resolution, that the maximum amount will not be payable. Where a local government decides the maximum amount of remuneration is not payable to its councillors it must decide, by resolution, the amount of remuneration that is payable. The remuneration must not be more than the maximum amount of councillor remuneration payable under the current remuneration schedule.

The Local Government Legislation (Significant Business Activity Thresholds and Another Matter) Amendment Regulation 2016 (the amendment Regulation) was made by the Governor in Council on 1 December 2016.

The amendment Regulation part 3, section 8, amends section 247(6) of the LGR to:

  • remove the requirement for local governments to decide within 90 days of the Tribunal’s annual decision being gazetted, that the maximum amount of remuneration is not payable; and
  • instead require a local government to decide under one resolution, before 1 July (for remuneration payable from 1 July of that year), that the maximum amount of remuneration is not payable to its councillors; and the amount of councillor remuneration that is payable.

Further Information

Any further enquiries on this matter should be addressed to:

Ms Christine Cuskelly
Manager
Local Government and Regional Services
Department of Infrastructure, Local Government and Planning
PO Box 15009
City East
Brisbane  QLD  4002