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Local Government (Operations) Regulation 2010

Queensland Local Government Act 2009 Local Government (Operations) Regulation 2010 Reprinted as in force on 23 November 2012 Reprint No. 2H This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOTE—This is the last reprint before repeal. Repealed by 2012 SL No. 236 s 312

Information about this reprint This regulation is reprinted as at 23 November 2012. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about when provisions commenced. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Local Government (Operations) Regulation 2010 Contents Chapter 1 1 2 3 Chapter 2 Part 1 4 5 6 7 8 Part 2 Division 1 9 10 11 12 13 Division 2 14 Division 3 14A 14B Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Local governments Local government areas, names and representation What pt 1 is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Names of local government areas . . . . . . . . . . . . . . . . . . . . . . . . 10 Classifications of local government areas . . . . . . . . . . . . . . . . . . 10 Boundaries of local government areas and any divisions . . . . . . 11 Number of councillors for a local government and any divisions of the local government area . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Changing a local government area, name or representation Changing boundaries of a local government What div 1 is about. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Community of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Joint arrangements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Resource base sufficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Changing classification of a local government area Changing classification of a local government area . . . . . . . . . . . 14 Implementing particular local government changes What div 3 is about. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Implementing local government changes relating to changes of the boundaries of local government areas . . . . . . . . . . . . . . . . . . 15

Local Government (Operations) Regulation 2010 Contents Chapter 3 Part 1 15 16 17 18 19 Part 2 Division 1 20 Division 2 21 22 Division 3 23 24 25 26 Division 4 27 28 29 Part 3 30 31 32 33 34 35 Chapter 4 36 The business of local governments Local laws Information to be given to Minister—Act, 29A . . . . . . . . . . . . . . . Local law register—Act, s 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Anti-competitive provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedures for the review of anti-competitive provisions—Act, s 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Drafting standards for local laws . . . . . . . . . . . . . . . . . . . . . . . . . Roads and other infrastructure Roads Prescribed particulars for register of roads—Act, s 74. . . . . . . . . Malls Procedures for establishing malls—Act, s 80A. . . . . . . . . . . . . . . Other matters connected with managing, promoting or using malls—Act, s 80A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Marine and aquatic matters Harbours, jetties, breakwaters and ramps . . . . . . . . . . . . . . . . . . Canals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The foreshore . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bathing reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other matters Public thoroughfare easements . . . . . . . . . . . . . . . . . . . . . . . . . . Boundary works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Levee banks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Levy on Kuranda rail line Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Imposition of levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment of levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligation to give annual statements . . . . . . . . . . . . . . . . . . . . . . How levy is to be applied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Monitoring and enforcing Local Government Acts Period prescribed for carrying out particular approved inspection programs—Act, s 134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 16 17 18 18 19 20 20 21 21 22 22 23 24 24 25 26 26 27 27 27 28 Page 2

Chapter 5 Part 1 Division 1 37 38 39 40 41 42 43 Division 2 44 45 46 47 Division 3 48 50 Part 2 Division 1 51 52 53 54 55 56 57 58 59 Division 2 60 61 62 63 Local Government (Operations) Regulation 2010 Contents Administration Councillors Councillor remuneration What div 1 is about. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Establishing categories of local governments . . . . . . . . . . . . . . . Criteria for establishing categories . . . . . . . . . . . . . . . . . . . . . . . . Deciding and reviewing the categories of local governments to which local governments belong . . . . . . . . . . . . . . . . . . . . . . . . . Deciding remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remuneration schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Submission to vary remuneration in exceptional circumstances . Reimbursement of expenses and provision of facilities What div 2 is about. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement to adopt expenses reimbursement policy or amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notification of adoption of expenses reimbursement policy . . . . . Meetings about expenses reimbursement policy . . . . . . . . . . . . . Other matters Prescribed integrity offence—Act, s 153 . . . . . . . . . . . . . . . . . . . Declaration of office—Act, s 169 . . . . . . . . . . . . . . . . . . . . . . . . . Local government meetings and committees Local government meetings What div 1 is about. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agenda of post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . Frequency of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Place of meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adjournment of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeal or amendment of resolutions . . . . . . . . . . . . . . . . . . . . . . Local government committees What div 2 is about. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alternate members of committees . . . . . . . . . . . . . . . . . . . . . . . . 28 28 29 29 30 31 31 32 32 33 33 33 33 34 34 34 35 35 36 36 36 37 37 37 37 37 Page 3

Local Government (Operations) Regulation 2010 Contents 64 65 66 67 Division 3 68 69 70 71 72 73 74 Part 3 Division 1 75 76 77 78 79 80 81 Division 2 82 83 Division 3 84 85 86 87 88 89 90 91 92 93 Chairperson of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Frequency of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Common provisions for local government and committee meetings What div 3 is about. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recording of reasons for particular decisions . . . . . . . . . . . . . . . Meetings in public unless otherwise resolved . . . . . . . . . . . . . . . Closed meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Teleconferencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public notice of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local government employees Disciplinary action against local government employees What div 1 is about. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When disciplinary action may be taken . . . . . . . . . . . . . . . . . . . . Types of disciplinary action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deductions from salary or wages . . . . . . . . . . . . . . . . . . . . . . . . . Suspension of employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Employee to be given notice of grounds for disciplinary action . . Period for keeping records about disciplinary action . . . . . . . . . . Appeal entity for disciplinary action Appeal entity for disciplinary action—Act, s 197 . . . . . . . . . . . . . Cost of appeal board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals against disciplinary action What div 3 is about. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grounds of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duties of appeal board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeal board may decide procedures . . . . . . . . . . . . . . . . . . . . . Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Preliminary hearing of appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . Appeal board’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prosecution of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision on appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 4 38 38 38 38 39 39 40 41 42 42 43 44 45 45 46 46 47 47 48 48 48 49 49 50 50 50 51 51 51 52

94 95 96 97 98 Division 4 99 100 101 102 Part 4 103 Part 5 104 105 106 107 108 109 110 111 112 Chapter 6 Part 1 113 114 Part 2 115 116 116A 116B 117 Part 3 118 Local Government (Operations) Regulation 2010 Contents Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty of witness at appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Leave for attending an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . Contempt of appeal board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Change of person forming appeal board . . . . . . . . . . . . . . . . . . . Portability of long service leave What div 4 is about. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Continuation of particular local government employees’ accrued rights to long service leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recognition of previous periods of employment for particular local government employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment by former employer to new employer towards long service leave entitlements accrued with former employer . . . . . . Authorised person Who may be appointed as authorised persons—Act, s 202 . . . . Register of interests What pt 5 is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Who maintains registers of interests . . . . . . . . . . . . . . . . . . . . . . Contents of registers of interests . . . . . . . . . . . . . . . . . . . . . . . . . Obligation to notify if interest in register no longer correct . . . . . . Who may inspect a register of interests . . . . . . . . . . . . . . . . . . . . Access to particular registers of interests. . . . . . . . . . . . . . . . . . . Publication of register of interests of councillors . . . . . . . . . . . . . Queries on contents of register of interests . . . . . . . . . . . . . . . . . Improper disclosure of registers of interests . . . . . . . . . . . . . . . . Other provisions Way to hold a hearing Procedural rules for hearings—Act, s 213 . . . . . . . . . . . . . . . . . . Witness fees—Act, s 214 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superannuation Local government entities—Act, s 216A . . . . . . . . . . . . . . . . . . . Persons eligible for membership of the scheme—Act, s 218 . . . . Prescribed amount of yearly contributions—Act, s 220 . . . . . . . . Prescribed amount of yearly contributions—Act, s 220A . . . . . . . Interest payable on outstanding contributions—Act, s 224. . . . . . Delegation of powers Particulars to be contained in register of delegations—Act, s 260 52 53 53 54 54 54 55 56 57 58 58 59 59 60 62 62 63 64 65 65 65 66 66 66 67 67 68 Page 5

Local Government (Operations) Regulation 2010 Contents Part 4 119 Part 5 120 Part 6 Division 1 121 122 123 124 Division 2 125 126 Division 3 127 128 Division 4 129 Part 7 130 131 Chapter 7 132 Schedule 1 Schedule 1A Schedule 2 Schedule 3 Part 1 1 2 Process for resolving administrative action complaints Process for resolving administrative action complaints . . . . . . . . Reporting missing local government property Report of missing property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Equal opportunity of employment Preliminary What pt 6 is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Purpose and role of equality of employment opportunity . . . . . . . Merit principle reinforced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption from compliance with this part . . . . . . . . . . . . . . . . . . Development of EEO management plan Local government to develop EEO management plan . . . . . . . . . Steps to be followed in ongoing development of EEO management plan ............................... Implementation of EEO management plan Local government to give effect to EEO management plan . . . . . Employment powers to be exercised having regard to EEO management plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supervision by department’s chief executive Department’s chief executive may take action if dissatisfied with EEO management plan of a local government. . . . . . . . . . . . . . . Other provisions Department’s address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LGAQ Ltd.—Act, s 287 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provision for 2012 quadrennial elections Local government changes affecting the 2012 quadrennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed information about local governments . . . . . . . . . Prescribed information about local governments affecting the 2012 quadrennial elections . . . . . . . . . . . . . . . . . . . . . . Aboriginal shire councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Implementing local government changes relating to changes of the boundaries of local government areas . . . . . Implementation Change in external boundaries of the Fraser Coast and Gympie regions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Change in external boundaries of the Barcaldine and Blackall-Tambo regions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 70 71 72 73 73 73 74 75 76 76 77 77 77 79 87 89 90 90 91 Page 6

3 4 5 6 Part 2 1 2 3 4 5 6 7 Schedule 4 1 2 3 4 4A 5 6 7 8 9 10 11 12 13 14 15 16 Schedule 5 Schedule 6 Local Government (Operations) Regulation 2010 Contents Change in external boundaries of Cairns and Wujal Wujal areas 91 Change in external boundaries of the Gold Coast and Logan city council area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Change in external boundaries of the Ipswich and Somerset areas 92 Change in external boundaries of Moreton Bay and Sunshine Coast areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Facilitation of implementation Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Unfinished actions of former local government . . . . . . . . . . . . . . 93 Assets and public works in the relevant area . . . . . . . . . . . . . . . . 94 Application fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Planning scheme for the relevant area . . . . . . . . . . . . . . . . . . . . . 94 References in documents to former local government . . . . . . . . . 95 Duty to assist with change to boundaries of local government areas .......................................... 95 Financial and non-financial particulars for registers of interests ................................... 96 Definitions for sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Controlling interest in corporation. . . . . . . . . . . . . . . . . . . . . . . . . 97 Officer of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Beneficial interest in trust or nominee corporation . . . . . . . . . . . . 98 Self managed superannuation fund . . . . . . . . . . . . . . . . . . . . . . . 98 Trustee for trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Partnership and joint venture . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Debentures and similar investments . . . . . . . . . . . . . . . . . . . . . . 100 Savings and investment accounts . . . . . . . . . . . . . . . . . . . . . . . . 100 Gifts totalling more than $500 . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Sponsored hospitality benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Membership of political party, body or association, or trade or professional organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Other assets with value more than $5000 . . . . . . . . . . . . . . . . . . 102 Other sources of income more than $500 a year . . . . . . . . . . . . . 102 Other financial or non-financial interests . . . . . . . . . . . . . . . . . . . 102 Prescribed local government entities . . . . . . . . . . . . . . . . . . . 104 Prescribed members of the LG super scheme . . . . . . . . . . . . 105 Page 7

Local Government (Operations) Regulation 2010 Contents Schedule 7 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 110 110 111 111 113 Page 8

Local Government (Operations) Regulation 2010 Chapter 1 Preliminary [s 1] Local Government (Operations) Regulation 2010 [as amended by all amendments that commenced on or before 23 November 2012] Chapter 1 Preliminary 1 Short title This regulation may be cited as the Local Government (Operations) Regulation 2010 . 2 Commencement This regulation commences on 1 July 2010. 3 Definitions The dictionary in schedule 7 defines particular words used in this regulation. Chapter 2 Local governments Part 1 Local government areas, names and representation 4 What pt 1 is about For section 8(4) of the Act, this part— Reprint 2H effective 23 November 2012 Page 9

Local Government (Operations) Regulation 2010 Chapter 2 Local governments Part 1 Local government areas, names and representation [s 5] (a) describes the boundaries of local government areas; and (b) describes the boundaries of any divisions; and (c) fixes the number of councillors for local governments and any divisions of local government areas; and (d) names local government areas; and (e) classifies local government areas as a city, town, shire or region. 5 Names of local government areas (1) The name of each local government area is mentioned in schedule 1, column 1. (2) A local government may be called either— (a) ‘Council of the … ( insert City/Town/Shire/Region) of … ( insert name of local government area)’; or (b) ‘… ( insert name of local government area) … ( insert City/Town/Shire/Regional) Council’. (3) Also, a local government mentioned in schedule 2 may be called ‘… ( insert name of local government area) … Aboriginal Shire Council’. 6 Classifications of local government areas (1) The classification of each local government area is mentioned in schedule 1, column 2. (2) The classifications of local government areas are— • city • town • shire • region. Page 10 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 2 Local governments Part 1 Local government areas, names and representation [s 7] 7 Boundaries of local government areas and any divisions (1) The boundaries of each local government area, and any divisions of the area, are shown on its area map mentioned in schedule 1, column 3. (2) To remove any doubt, it is declared that any part of a watercourse, including the land below the high-water mark of the watercourse, that is within the boundary of a local government area is part of the local government area. (3) A watercourse includes a canal, lake or river. (4) Each area map is identified by a map number marked on the map. (5) The department’s chief executive must ensure— (a) a copy of the area maps may be inspected by the public at the State office; and (b) each local government has a copy of its area map. (6) Each local government must ensure the public may inspect a copy of its area map at the local government’s public office. 8 Number of councillors for a local government and any divisions of the local government area (1) The total number of councillors for each local government area is mentioned in schedule 1, column 5. (2) The number of councillors for each division of a local government area is mentioned in schedule 1, column 4. Reprint 2H effective 23 November 2012 Page 11

Local Government (Operations) Regulation 2010 Chapter 2 Local governments Part 2 Changing a local government area, name or representation [s 9] Part 2 Changing a local government area, name or representation Division 1 Changing boundaries of a local government 9 What div 1 is about This division prescribes, for section 19(2)(c) of the Act, the other matters to be considered by the change commission if a proposed local government change relates to a change of the boundaries of a local government area. 10 Community of interest (1) The external boundaries of a local government area should be drawn in a way that has regard to communities of interest, including that the local government area should generally— (a) reflect local communities, for example, the geographical pattern of human activities (where people live, work and engage in leisure activities), and the linkages between local communities; and (b) have a centre, or centres, of administration and service easily accessible to its population; and (c) ensure effective elected representation for residents and ratepayers; and (d) have external boundaries that— (i) do not divide local neighbourhoods or adjacent rural and urban areas with common interests or interdependencies, including, for example, economic, cultural and ethnic interests or interdependencies; and Page 12 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 2 Local governments Part 2 Changing a local government area, name or representation [s 11] (ii) subject to the water catchment principle—follow the natural geographical features and non-natural features separating different communities; and (iii) do not dissect properties. (2) The water catchment principle is the principle that water catchment areas should generally be included in the local government area they service. 11 Joint arrangements (1) Regard should be had to whether or not a joint arrangement should be established instead of, or in combination with, a change to the external boundaries of a local government area. (2) A joint arrangement includes the following— (a) a joint standing committee; (b) joint action by agreement; (c) the joint exercise of local government jurisdiction or the joint operation of an activity, facility or service; (d) an agreement on, or extension of, an activity, facility or service outside a local government area; (e) a contribution for the operation of an activity, facility or service outside a local government area; (f) resource sharing by local governments; (g) any other type of arrangement of a joint nature the change commission considers appropriate, including an arrangement not dealt with under the Act. 12 Planning The external boundaries of a local government area should be drawn in a way that— (a) helps in— Reprint 2H effective 23 November 2012 Page 13

Local Government (Operations) Regulation 2010 Chapter 2 Local governments Part 2 Changing a local government area, name or representation [s 13] (i) the planning and development for the benefit of the local government area; and (ii) the efficient and effective operation of its facilities, services and activities; and (b) has regard to existing and expected population growth. 13 Resource base sufficiency A local government should have a sufficient resource base— (a) to be able to efficiently and effectively exercise its jurisdiction and operate facilities, services and activities; and (b) to be flexible and responsive in the exercise of its jurisdiction and the operation of its activities, facilities and services. Division 2 Changing classification of a local government area 14 Changing classification of a local government area (1) This section prescribes, for section 19(2)(c) of the Act, the other matters to be considered by the change commission if a proposed local government change relates to a change of the classification of a local government area. (2) The criteria for a local government area to be declared a city are that— (a) the area is the centre of a region providing commercial, industrial, health and public sector services for the region; and (b) the area has, for the 3 years immediately before the declaration, had— (i) a population of at least 25000; and Page 14 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 2 Local governments Part 2 Changing a local government area, name or representation [s 14A] (ii) a population of at least 15000 in its urban centre; and (iii) a population density of at least 150 for each square kilometre of its urban centre. (3) The criteria for a local government area to be declared a town are that the area does not meet the criteria for being declared a city but is urban in character. (4) The criterion for a local government area to be declared a shire is that the area is not urban in character. (5) The criterion for a local government area to be declared a region is that the area be created as a result of the amalgamation of 2 or more local government areas of any class. Division 3 Implementing particular local government changes 14A What div 3 is about This division provides for the following— (a) implementing, under section 20 of the Act, local government changes relating to a change of the boundaries of a local government area; (b) facilitating the implementation of the local government changes mentioned in paragraph (a). 14B Implementing local government changes relating to changes of the boundaries of local government areas (1) Schedule 3, part 1 implements the local government changes mentioned in it. (2) Schedule 3, part 2 makes provision for facilitating the implementation of each local government change mentioned in schedule 3, part 1. Reprint 2H effective 23 November 2012 Page 15

Local Government (Operations) Regulation 2010 Chapter 3 The business of local governments Part 1 Local laws [s 15] Chapter 3 The business of local governments Part 1 Local laws 15 Information to be given to Minister—Act, 29A For section 29A(2)(b)(iii) of the Act, the information required about a proposed local law is— (a) details of any consultation with the public about the proposed local law; and (b) details of any consultation with relevant government entities about the overall State interest in the proposed local law; and (c) if the proposed local law infringes any fundamental legislative principles—justifications for the infringement. 16 Local law register—Act, s 31 (1) For section 31(1) of the Act, a local government’s register of its local laws must contain all of the following information about each local law— (a) the local law’s name, purposes and general effect; (b) if the law is a subordinate local law—the name of the local law allowing the subordinate local law to be made; (c) the name of any existing local law amended or repealed by the new local law; (d) if the local law is for a limited period—details of the limitation; (e) if the local law applies only to a part of the local government’s area—a description of the part; Page 16 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 3 The business of local governments Part 1 Local laws [s 17] (f) the day the local government made the local law; (g) the day the notice advising of the making of the local law is published and the name of each newspaper in which the notice appeared; (h) the day the local law commences. (2) The local government may include, in the register of its local laws, any other information about a local law it considers appropriate. (3) A person may, on payment of a fee decided by the local government, request an extract or a certified copy of a local law from the register of its local laws. (4) The fee mentioned in subsection (3) must not be more than the actual reasonable cost of providing the extract or copy. (5) The local government must publish the register of its local laws on its website. 17 Anti-competitive provisions (1) For the Act, schedule 4, definition anti-competitive provision , a provision that is identified as creating barriers to entry to a market or barriers to competition within a market is a provision— (a) for a provision of a model local law proposed to be adopted by a local government—the local government considers, under section 5.1.2 of the identification guidelines, as being within the criteria applied under that section; or (b) for any other provision proposed to be adopted by a local government— (i) identified by the local government, under section 5.2.3 of the identification guidelines, as being within the criteria applied under that section; and Reprint 2H effective 23 November 2012 Page 17

Local Government (Operations) Regulation 2010 Chapter 3 The business of local governments Part 1 Local laws [s 18] (ii) not excluded by the local government under section 5.2.1 or 5.2.2 of the identification guidelines. (2) The identification guidelines is the document called ‘National Competition Policy Guidelines to assist Local Governments identify possible anti-competitive provisions in proposed local laws and proposed local law policies’, version 1, made by the department. Editor’s note — The identification guidelines are available for inspection on the department’s website. 18 Procedures for the review of anti-competitive provisions—Act, s 38 (1) For section 38(1) of the Act, the procedures prescribed are those procedures under the public interest test guidelines. (2) The public interest test guidelines is the document called the ‘National Competition Policy Guidelines for conducting public interest tests on possible anti-competitive provisions in local laws and local law policies’, version 1, made by the department. Editor’s note — The public interest test guidelines are available for inspection on the department’s website. 19 Drafting standards for local laws (1) This section prescribes, for the Act, schedule 4, definition drafting standards , the standards for drafting local laws. (2) Local laws must be consistent with the guidelines issued by the Parliamentary Counsel under the Legislative Standards Act 1992 , section 9, for local laws and subordinate local laws. Page 18 Reprint 2H effective 23 November 2012

Part 2 Local Government (Operations) Regulation 2010 Chapter 3 The business of local governments Part 2 Roads and other infrastructure [s 20] Roads and other infrastructure Division 1 Roads 20 Prescribed particulars for register of roads—Act, s 74 (1) For section 74(1)(b)(iii) of the Act, the other particulars prescribed are— (a) the length of every road, including an unformed road, in the local government’s area; and (b) if a road is formed, gravelled pavement or sealed pavement—the length and width of the formed, gravelled pavement or sealed pavement part of the road; and (c) if a road consists of a through road and an adjacent road—the width of each as if each were a separate road. (2) For subsection (1)— (a) a length must be measured in kilometres and a width must be measured in metres; and (b) the width of a divided road is the total width of all sections of the divided road that are formed, gravelled pavement or sealed pavement. (3) In this section— formed , for a road, means a road, other than a gravelled pavement or sealed pavement road, formed so that stormwater drains from the road. gravelled pavement , for a road, means a road surfaced with gravel, limestone or rubble and constructed by the use of a mechanical compaction process. sealed pavement , for a road, means a road with a surface of asphalt, bitumen, concrete or pavers. Reprint 2H effective 23 November 2012 Page 19

Local Government (Operations) Regulation 2010 Chapter 3 The business of local governments Part 2 Roads and other infrastructure [s 21] unformed , for a road, means a road or track that— (a) is not a formed, gravelled pavement or sealed pavement road; but (b) is open to, and used by, the public. Division 2 Malls 21 Procedures for establishing malls—Act, s 80A (1) For section 80A(2) of the Act, this section prescribes the procedures for establishing or extending a mall. (2) A local government must take the following steps if it is to establish or extend a mall— (a) decide, by resolution, that the mall should be established or extended; (b) include the proposed mall or extension in its planning scheme; (c) declare, by public notice, that the relevant road or other land becomes a mall or an extension of a mall as from a stated day. (3) The public notice must be published— (a) in a newspaper that is circulating generally in the locality of the proposed mall or extension; and (b) on the local government’s website. 22 Other matters connected with managing, promoting or using malls—Act, s 80A (1) For section 80A(3) of the Act, this section prescribes other matters connected with managing, promoting or using a mall. (2) In relation to a mall, a local government may do any of the following— Page 20 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 3 The business of local governments Part 2 Roads and other infrastructure [s 23] (a) anything that is necessary or desirable for developing, managing, maintaining (including cleaning), promoting, or using the mall; (b) permit the use of any part of the mall (including for the use of erecting any structure, for example) on the conditions it considers appropriate; (c) anything incidental to its powers mentioned in paragraph (a) or (b). (3) The local government’s planning scheme must include all existing and proposed malls in the local government area. Division 3 Marine and aquatic matters 23 Harbours, jetties, breakwaters and ramps (1) A local government may construct, maintain, manage and regulate the use of— (a) harbours for small vessels in or over tidal waters; and (b) jetties, breakwaters and ramps in or over tidal waters. (2) A local government may exercise powers under subsection (1) for a harbour or proposed harbour even if the waters of the harbour are inside the limits of a port within the meaning of the Transport Infrastructure Act. (3) A local government may occupy and use foreshore, tidal land or tidal waters to undertake work in exercising the powers under subsection (1). (4) While the local government occupies or uses foreshore, tidal land or tidal waters, the foreshore, land or waters are taken to be in its local government area. 24 Canals (1) This section is about canals within the meaning of the Coastal Protection and Management Act 1995 , section 9. Reprint 2H effective 23 November 2012 Page 21

Local Government (Operations) Regulation 2010 Chapter 3 The business of local governments Part 2 Roads and other infrastructure [s 25] (2) If a local law affects the owner of a structure in a canal, the owner of the structure is— (a) the holder of the development permit under the Planning Act to build the structure; or (b) the owner of the land— (i) that receives the benefit of the structure; or (ii) to which the structure is connected. 25 The foreshore (1) The Governor in Council may, by gazette notice, place a foreshore under the control of— (a) the local government for the local government area adjoining the foreshore; or (b) if there is no local government area adjoining the foreshore—the local government for a local government area that is near the foreshore. (2) While the foreshore is under the local government’s control the foreshore is taken to be part of the local government’s area. 26 Bathing reserves (1) The Governor in Council may, by gazette notice, place the following under the control of a local government as a bathing reserve— (a) a part of a seashore; (b) land under the sea that is adjacent to the part of a seashore and seawards for a distance of not more than 1km beyond low-water mark at ordinary spring tides; (c) sea above the part of a seashore and land. (2) The seashore is— (a) the foreshore; or Page 22 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 3 The business of local governments Part 2 Roads and other infrastructure [s 27] (b) State land that— (i) is above the high-water mark at ordinary spring tides; and (ii) is ordinarily covered by sand or shingle; and (iii) is not subject to a licence, permit or other authority granted by the State under an Act. (3) While the bathing reserve is under the local government’s control the bathing reserve is taken to be part of the local government’s area. Division 4 Other matters 27 Public thoroughfare easements (1) This section is about land that is subject to a public thoroughfare easement . (2) The local government in whose favour the easement is created has control of the land, subject to the provisions of the instrument that created the easement. (3) Control of the land includes the right to take all necessary steps for— (a) construction on, maintenance of or improvement of the land; and (b) regulation of the use of the land. (4) The local government is responsible for maintaining the land. (5) The owner of the land is not required, and can not be required, to maintain, or to contribute to the maintenance of, any part of the land. (6) The owner of the land is— (a) if the land is land granted in trust under the Land Act—the trustee of the land; or Reprint 2H effective 23 November 2012 Page 23

Local Government (Operations) Regulation 2010 Chapter 3 The business of local governments Part 2 Roads and other infrastructure [s 28] (b) if the land is non-freehold land under the Land Act—the lessee or licensee of the land; or (c) if the land is a lot under the Land Title Act—the registered owner of the lot. (7) The owner of the land is not, and can not be made, civilly liable for an act done, or omission made, honestly and without negligence, in relation to the land. (8) When deciding what rights and liabilities attach because of something that happened on the land, the land is taken to be a road under the local government’s control. 28 Boundary works (1) This section is about a road or other work that is to be, or has been, built— (a) along the boundary between 2 or more local government areas; and (b) partly in each of the areas. (2) The cost of planning, constructing, maintaining and managing the road or other work is the joint responsibility of each of those local governments. (3) The local governments must enter into the arrangements that are necessary to perform that responsibility. 29 Levee banks (1) This section is about levees on land within a local government area, other than land that is part of an approved plan under the Soil Conservation Act 1986 . (2) If a local government makes a local law to prohibit the construction of levee banks without a permit, the local law must provide for— (a) particulars to be supplied by an applicant for a permit; and Page 24 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 3 The business of local governments Part 3 Levy on Kuranda rail line [s 30] (b) public notice of applications for permits to be given by advertisement at least twice in a newspaper that is circulating generally in the local government area; and (c) submissions supporting or objecting to applications and the requirements applying to the submissions; and (d) procedures of the local government in considering and deciding applications; and (e) all other issues that the local government considers necessary for dealing with applications. (3) A person dissatisfied by a decision of a local government about an application for a permit may apply, as provided under the QCAT Act, to QCAT for a review of the decision. (4) A permit given under this section does not affect a right or remedy that a person has about the levee bank. Part 3 Levy on Kuranda rail line 30 Definitions for pt 3 In this part— free of charge , for a journey on the Kuranda rail line, means a journey provided without any of the following— (a) payment or other consideration; (b) requiring, or asking for, a donation, levy or other monetary contribution for the journey including, for example, the purchase of a ticket in a raffle; (c) displaying a receptacle, whether on the train used for the journey or elsewhere, in a way that suggests a donation is expected or required to travel on the rail line. Kuranda rail line means the railway between Cairns and Kuranda. Reprint 2H effective 23 November 2012 Page 25

Local Government (Operations) Regulation 2010 Chapter 3 The business of local governments Part 3 Levy on Kuranda rail line [s 31] Kuranda rail operator means a rail transport operator within the meaning of the Transport (Rail Safety) Act 2010 who is accredited under that Act for the operation or movement of rolling stock on the Kuranda rail line. tourist infrastructure levy see section 31(1). 31 Imposition of levy (1) A levy (the tourist infrastructure levy ) is imposed on each Kuranda rail operator until 31 December 2020. (2) The levy is at the rate of $1 for each passenger journey to or from Kuranda on the Kuranda rail line provided by the Kuranda rail operator, other than a journey provided free of charge. (3) For subsection (2), a return journey is taken to be a single journey. 32 Payment of levy (1) Each Kuranda rail operator must, within 3 weeks after the end of each quarter year for which the tourist infrastructure levy is imposed, pay the State the amount of the levy imposed on it during the quarter. (2) A Kuranda rail operator must pay interest on an amount owing under subsection (1) unpaid from time to time. (3) Interest accrues daily at the rate of 10% per annum on the unpaid amount on and from the day after it is owing until it is paid in full. (4) If a Kuranda rail operator does not pay an amount owing under this section, the State may recover it from the operator as a debt. Page 26 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 3 The business of local governments Part 3 Levy on Kuranda rail line [s 33] 33 Obligation to give annual statements (1) Each Kuranda rail operator must, within 4 months after each financial year ends, give the chief executive a written statement for the year that complies with subsection (2). Maximum penalty—20 penalty units. (2) The statement must— (a) state how many passenger journeys on the Kuranda rail line were provided by the Kuranda rail operator during the financial year, other than journeys provided free of charge; and (b) if a form is approved for the statement—be in the approved form. (3) The approved form may require the statement to be made or verified by statutory declaration. 34 How levy is to be applied Amounts received by the State for payment of the tourist infrastructure levy must be paid to the Tablelands Regional Council in the way, and on the conditions, decided by the Minister. 35 Expiry This part expires on 30 June 2021. Reprint 2H effective 23 November 2012 Page 27

Local Government (Operations) Regulation 2010 Chapter 4 Monitoring and enforcing Local Government Acts [s 36] Chapter 4 Monitoring and enforcing Local Government Acts 36 Period prescribed for carrying out particular approved inspection programs—Act, s 134 For section 134(4)(e) of the Act, the period prescribed for carrying out an approved inspection program is 12 months if— (a) the program is only for the inspection of budget accommodation buildings under the Building Act; and (b) inspection under the program is for, or includes, the monitoring of compliance with the fire safety standard under that Act. Chapter 5 Administration Part 1 Councillors Division 1 Councillor remuneration 37 What div 1 is about This division states the processes of the tribunal in deciding the remuneration that is payable to councillors. 38 Establishing categories of local governments (1) The tribunal must establish categories of local governments for this part. (2) The purpose of establishing categories of local governments is to enable the tribunal to decide the remuneration that may be Page 28 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 1 Councillors [s 39] paid to mayors and other councillors of local governments in each category of local government. 39 Criteria for establishing categories In establishing categories of local governments, the tribunal must have regard to the following criteria— (a) the size, and geographical and environmental terrain, of local government areas; (b) the population of local government areas, including the areas’ demographics, the spread of population serviced by the local governments and the extent of the services the local governments provide; (c) the size of local governments and the workload associated with particular sizes, including whether councillors of the local governments hold office on a full-time or part-time basis; (d) the diversity, including cultural diversity, of local governments’ communities; (e) the extent of development of local government areas, including economic and community development, infrastructure and industry; (f) other matters the tribunal considers relevant to the effectiveness, efficiency and sustainability of local governments. 40 Deciding and reviewing the categories of local governments to which local governments belong (1) The tribunal must, for each local government, decide the category of local government to which the local government belongs. (2) When making a decision about a local government under subsection (1), the tribunal must have regard to the criteria it used for establishing categories of local governments. Reprint 2H effective 23 November 2012 Page 29

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 1 Councillors [s 41] (3) The tribunal must, at least every 4 years, review the categories of local governments established under section 38. (4) After reviewing the categories, the tribunal must— (a) decide whether to amend the established categories; and (b) if any category of local government is amended, again decide the categories of any local governments affected by the amendment. 41 Deciding remuneration (1) The tribunal must, on or before 1 December in each year and for each category of local government, decide the remuneration that may be paid in the following year to a councillor, mayor or deputy mayor of a local government in each category. (2) In making the decision, the tribunal must have regard to— (a) the provisions of the Act about entitlements and responsibilities of councillors of local governments; and (b) community expectations about what is appropriate remuneration in the circumstances. (3) The remuneration may include, or may separately provide for, remuneration for the duties a councillor may be required to perform if the councillor is appointed to a committee, or as chairperson of a committee, of a local government. (4) The remuneration can not include— (a) any amount for expenses to be paid or facilities to be provided to a councillor of a local government under its expenses reimbursement policy; or (b) any contribution a local government makes for a councillor of the local government to a voluntary superannuation scheme for councillors established or taken part in by the local government under section 226 of the Act. Page 30 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 1 Councillors [s 42] (5) However, the remuneration may include an additional amount for councillors who are over 75 years paid in lieu of the contributions mentioned in subsection (4)(b). 42 Remuneration schedule (1) The tribunal must prepare the remuneration schedule. (2) The remuneration schedule states, for the year to which it applies— (a) the category of each local government decided under section 40; and (b) the remuneration that may be paid to the mayors and other councillors for each category of local government decided under section 41. (3) After preparing a remuneration schedule, the tribunal must— (a) within 14 days, prepare a report about the remuneration schedule and give a copy of the report and the remuneration schedule to the Minister; and (b) publish the remuneration schedule in the gazette. (4) After receiving a copy of the remuneration schedule, the Minister must table a copy of the schedule in the Legislative Assembly. (5) A local government must, by resolution, adopt the remuneration schedule within 90 days of the schedule being gazetted. 43 Submission to vary remuneration in exceptional circumstances (1) This section applies if a local government considers that, having regard to exceptional circumstances that apply, a councillor of its local government is entitled to a different amount of remuneration from the remuneration stated in the remuneration schedule for the category of local government to which the local government belongs. Reprint 2H effective 23 November 2012 Page 31

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 1 Councillors [s 44] (2) The local government may make a submission to the tribunal for approval to vary the remuneration that the councillor may be paid. (3) The tribunal may, but is not required to, consider the submission. (4) If the tribunal considers the submission and is satisfied that, having regard to the exceptional circumstances that apply, the councillor is entitled to a different amount of remuneration from that stated in the remuneration schedule, the tribunal may approve payment of the different remuneration. Division 2 Reimbursement of expenses and provision of facilities 44 What div 2 is about (1) This division is about the expenses reimbursement policy. (2) The expenses reimbursement policy is a policy providing for the following— (a) payment of reasonable expenses incurred, or to be incurred, by councillors for discharging their duties and responsibilities as councillors; (b) provision of facilities to the councillors for that purpose. 45 Requirement to adopt expenses reimbursement policy or amendment (1) A local government must adopt, by resolution, an expenses reimbursement policy or an amendment of the expenses reimbursement policy. (2) An expenses reimbursement policy, including any amendment of the policy, adopted by a local government must be consistent with— (a) the local government principles; and Page 32 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 1 Councillors [s 46] (b) the financial sustainability criteria under section 102 of the Act. 46 Notification of adoption of expenses reimbursement policy (1) As soon as practicable after a local government adopts its expenses reimbursement policy, the local government must give public notice of the policy. (2) The public notice must be published— (a) in a newspaper circulating generally in the local government area; and (b) on the local government’s website. 47 Meetings about expenses reimbursement policy A local government can not resolve under section 72 that a meeting at which a proposed expenses reimbursement policy is discussed (including its adoption or amendment, for example) be closed. Division 3 Other matters 48 Prescribed integrity offence—Act, s 153 For section 153(5)(c) of the Act, the offence against section 107 is prescribed. 50 Declaration of office—Act, s 169 For section 169(2) of the Act, the declaration of office prescribed is— ‘I, ( insert name of councillor), having been elected/appointed as a councillor of the ( insert name of local government), declare that I will faithfully and impartially fulfil the duties of Reprint 2H effective 23 November 2012 Page 33

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 2 Local government meetings and committees [s 51] the office, in accordance with the local government principles under the Local Government Act 2009 , to the best of my judgment and ability.’. Part 2 Local government meetings and committees Division 1 Local government meetings 51 What div 1 is about This division is about the meetings of a local government (other than meetings of its committees). 52 Agenda of post-election meetings (1) The matters a local government must consider at a post-election meeting include the day and time for holding other meetings. (2) A post-election meeting is the meeting mentioned in section 175(1) of the Act. 53 Frequency of meetings (1) A local government must meet at least— (a) for a region, city or town—once in each month; or (b) for a shire—once in each period of 3 months. (2) However, a local government may apply, in writing, to the Minister for a variation of the requirement under subsection (1) (a meeting variation ). (3) The Minister must consider the application and may grant the application, with or without conditions, if the Minister is Page 34 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 2 Local government meetings and committees [s 54] reasonably satisfied no councillor of the local government would, if the application were granted, be unable to properly perform their responsibilities under the Act. (4) If the Minister grants the application— (a) the Minister must give the local government written notice of the decision; and (b) the local government must publish the details of the meeting variation on its website. 54 Place of meetings (1) All meetings of a local government are to be held at one of its public offices. (2) However, a local government may, by resolution, fix another place for a particular meeting. 55 Notice of meetings (1) Written notice of each meeting or adjourned meeting of a local government must be given to each councillor at least 2 days before the day of the meeting unless it is impracticable to give the notice. (2) The written notice must state— (a) the day and time of the meeting; and (b) for a special meeting—the object of the meeting. (3) A special meeting is a meeting at which the only business that may be conducted is the business stated in the notice of meeting. (4) Despite subsection (1), the written notice must be given to each councillor of an indigenous regional council at least 4 days before the day of the meeting unless it is impracticable to give the notice. Reprint 2H effective 23 November 2012 Page 35

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 2 Local government meetings and committees [s 56] 56 Quorum at meetings (1) A quorum of a local government is a majority of its councillors. (2) However, if the number of councillors is an even number, one-half of the number is a quorum. 57 Procedure at meetings (1) Business may be conducted at a meeting of a local government only if a quorum is present. (2) At a meeting of a local government— (a) voting must be open; and (b) a question is decided by a majority of the votes of the councillors present; and (c) each councillor present has a vote on each question to be decided and, if the votes are equal, the councillor presiding has a casting vote; and (d) if a councillor present fails to vote, the councillor is taken to have voted in the negative. 58 Adjournment of meetings (1) The majority of councillors present at a meeting of a local government may adjourn the meeting to a later hour of the same day or to a later day. (2) If a quorum is not present within 30 minutes after the time appointed for a meeting, the meeting may be adjourned to a later hour or another day within 14 days after the day of adjournment, by— (a) a majority of the councillors present; or (b) if only 1 councillor is present—the councillor; or (c) if no councillors are present—the chief executive officer. Page 36 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 2 Local government meetings and committees [s 59] 59 Repeal or amendment of resolutions A resolution of a local government may be repealed or amended only if written notice of intention to propose the repeal or amendment is given to each councillor at least 5 days before the meeting at which the proposal is to be made. Division 2 Local government committees 60 What div 2 is about This division is about committees of local governments. 61 Appointment of committees (1) A local government may— (a) appoint, from its councillors, standing committees or special committees; and (b) appoint advisory committees. (2) Two or more local governments may appoint, from their councillors, a joint standing committee. 62 Advisory committees (1) An advisory committee— (a) must not be appointed as a standing committee; and (b) may include in its members persons who are not councillors. (2) A member of an advisory committee (whether or not they are a councillor) may vote on business before the committee. 63 Alternate members of committees (1) A local government that appoints a committee may appoint 1 person as an alternate member of the committee. Reprint 2H effective 23 November 2012 Page 37

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 2 Local government meetings and committees [s 64] (2) An alternate member , of a committee, is a person who attends meetings of the committee and acts as a member of the committee only if another member of the committee is absent from the meeting of the committee. 64 Chairperson of committee (1) A local government may appoint a chairperson of each committee. (2) If the local government does not appoint a chairperson for a committee, the committee may appoint 1 of its members as chairperson. (3) If the chairperson is not present at a meeting, the members present may appoint a chairperson for the meeting. 65 Frequency of meetings Meetings of a committee are held at the times and places decided by the committee. 66 Quorum A quorum of a committee is the number— (a) fixed by the local government that appointed the committee; or (b) if a number is not fixed by the local government—fixed by the committee. 67 Procedure at meetings (1) Business may be conducted at a meeting of a committee only if a quorum is present. (2) At a meeting of a committee— (a) voting must be open; and Page 38 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 2 Local government meetings and committees [s 68] (b) a question is decided by a majority of the voters of the members present; and (c) each member present has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote; and (d) if a member present fails to vote, the member is taken to have voted in the negative. Division 3 Common provisions for local government and committee meetings 68 What div 3 is about (1) This division is about the meetings of a local government (including meetings of its committees). (2) In this division meeting means— (a) a meeting of the local government; or (b) a meeting of a committee of a local government. 69 Minutes (1) A local government’s chief executive officer must ensure minutes of each meeting are taken under the supervision of the person presiding at the meeting. (2) Minutes of each meeting must include— (a) the names of councillors or committee members present at the meeting; and (b) if a division is called on a question—the names of all persons voting on the question and how they voted. (3) At each meeting, the minutes of the previous meeting must be— Reprint 2H effective 23 November 2012 Page 39

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 2 Local government meetings and committees [s 70] (a) confirmed by the councillors or committee members present; and (b) signed by the person presiding at the later meeting. (4) A copy of the minutes of each meeting— (a) must be available for inspection by the public, at a local government’s public office and on its website, within 10 days after the end of the meeting; and (b) when the minutes have been confirmed—must be available for purchase at the local government’s public office. (5) The price for purchasing the minutes must not be more than— (a) the cost to the local government of having the copy printed and made available for purchase; and (b) if the copy is supplied to a purchaser by post—the cost of postage. (6) This section does not apply to a committee to which a local government has, by resolution, exempted from the requirement to keep minutes of its proceedings. (7) A local government may only exempt a committee under subsection (6) if the committee’s only function is to advise, or otherwise make a recommendation to, the local government. (8) Also, a committee which has been exempted under subsection (6) must give the local government a written report of its deliberations and its advice or recommendations. 70 Recording of reasons for particular decisions (1) This section applies if a decision made at a meeting is inconsistent with a recommendation or advice given to the local government by an advisor of the local government and either or both of the following apply to the decision— (a) the decision is about entering into a contract the total value of which is more than the greater of the following— Page 40 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 2 Local government meetings and committees [s 71] (i) $150000; (ii) 1% of the local government’s net rate and utility charges as stated in the local government’s audited financial statements included in the local government’s most recently adopted annual report; (b) the decision is inconsistent with— (i) the policy or approach ordinarily followed by the local government for the type of decision; or (ii) a policy previously adopted by the local government by resolution, whether or not as required by the Act, and still in force. Examples of decisions to which subsection (1) might apply — • the grant of a licence, permit or approval, however named, under an Act or local law • the grant of a concession, rebate or waiver in relation to an amount owed to the local government • disposing of land or a non-current asset (2) An advisor , of a local government, is a person— (a) who is an employee of the local government or is otherwise engaged to provide services to the local government; and (b) whose duties include giving a recommendation or advice. (3) The chief executive officer of the local government must ensure the minutes of the meeting include a statement of the reasons for not adopting the recommendation or advice. 71 Meetings in public unless otherwise resolved A meeting is open to the public unless the local government or committee has resolved that the meeting is to be closed under section 72. Reprint 2H effective 23 November 2012 Page 41

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 2 Local government meetings and committees [s 72] 72 Closed meetings (1) A local government or committee may resolve that a meeting be closed to the public if its councillors or members consider it necessary to close the meeting to discuss— (a) the appointment, dismissal or discipline of employees; or (b) industrial matters affecting employees; or (c) the local government’s budget; or (d) rating concessions; or (e) contracts proposed to be made by it; or (f) starting or defending legal proceedings involving it; or (g) any action to be taken by the local government under the Planning Act, including deciding applications made to it under that Act; or (h) other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage. (2) However, a local government or committee can not resolve that a meeting be closed to the public if any person is to take part in the meeting by teleconferencing. (3) A resolution that a meeting be closed must state the nature of the matters to be considered while the meeting is closed. (4) A local government or committee must not make a resolution (other than a procedural resolution) in a closed meeting. 73 Teleconferencing (1) Teleconferencing is the use of a telephone, video conferencing equipment or other means of instant communication that allows a person to take part in discussions as they happen. Page 42 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 2 Local government meetings and committees [s 74] (2) A local government may allow a councillor to take part in a meeting by teleconferencing if a natural disaster or severe weather prevents the councillor from attending the place of the meeting. Example — Storms cause dangerously rough seas preventing a councillor in the Torres Strait from attending the place of a local government meeting. (3) Also, a local government may apply, in writing, to the Minister for an approval to use teleconferencing at 1 or more meetings of the local government (a teleconferencing approval ). (4) The Minister must consider the application and may grant the application, with or without conditions, if the Minister is reasonably satisfied no councillor of the local government would, if the application were granted, be unable to properly perform their responsibilities under the Act. (5) If the Minister grants the application— (a) the Minister must give the local government written notice of the decision; and (b) the local government must publish the details of the teleconferencing approval on its website. (6) A councillor taking part in a meeting by teleconferencing is taken to have attended the meeting if— (a) the councillor was simultaneously in audio contact with each other person at the meeting; and (b) the local government approved the teleconferencing arrangement. 74 Public notice of meetings (1) A local government must, at least once in each year, publish in a newspaper circulating generally in its area a notice of the days and times when its ordinary meetings, and the ordinary meetings of its standing committees, will be held. Reprint 2H effective 23 November 2012 Page 43

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 3 Local government employees [s 75] (2) The local government must display in a conspicuous place in its public office a notice of the days and times when— (a) its meetings will be held; and (b) meetings of its committees will be held. (3) The local government must immediately notify any change to the days and times mentioned in subsection (1) or (2) in the same way as the days and times were previously notified. (4) A list of the items to be discussed at a meeting mentioned in subsection (2) must be open to inspection at the time the agenda for the meeting is made available to councillors. (5) The local government may publish the list of items to be discussed at a meeting, including any details or documents relating to an item, on the local government’s website. (6) Subsection (4) does not affect the right to discuss or deal with, at any meeting, items arising after the agenda for the meeting is made available to councillors. Part 3 Local government employees Division 1 Disciplinary action against local government employees 75 What div 1 is about This division prescribes, for section 197(2) of the Act, when the chief executive officer may take, and the types of, disciplinary action. Page 44 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 3 Local government employees [s 76] 76 When disciplinary action may be taken The chief executive officer may take disciplinary action against a local government employee if the chief executive officer is satisfied the employee has— (a) failed to perform their responsibilities under the Act; or (b) failed to perform a responsibility under the Act in accordance with the local government principles; or (c) taken action under the Act in a way that is not consistent with the local government principles. 77 Types of disciplinary action (1) The disciplinary action taken by the chief executive officer against a local government employee may be 1 or more of the following— (a) dismissal; (b) demotion; (c) a deduction from salary or wages of an amount of not more than 2 penalty units; (d) a written reprimand or warning. Note — If the disciplinary action to be taken is dismissal, the dismissal must comply with the requirements under the Industrial Relations Act 1999 , chapter 3. (2) A written reprimand or warning— (a) must state the following— (i) the employee’s conduct that is disapproved of; (ii) the remedial action needed to rectify the conduct; (iii) the period within which the remedial action is to be taken; (iv) the possible consequences for a repeat of the conduct by the employee; and Reprint 2H effective 23 November 2012 Page 45

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 3 Local government employees [s 78] (b) is part of a local government employee’s employment record. 78 Deductions from salary or wages (1) If disciplinary action taken against a local government employee consists of a deduction from the salary or wages of the employee, the local government may make the deduction— (a) if no appeal is brought against the disciplinary action—when the period for starting an appeal against the disciplinary action has ended; or (b) if an appeal is brought against the disciplinary action and the decision on the appeal confirms the deduction or changes the amount of the deduction—when notice of the decision is given to the employee; or (c) if an appeal is brought against the disciplinary action and the appeal is discontinued or struck out—when the appeal is discontinued or struck out. (2) If an appeal is brought against the disciplinary action taken against a local government employee and the decision on appeal changes the disciplinary action to a deduction from the salary or wages of the employee, the local government may make the deduction when notice of the decision is given to the employee. 79 Suspension of employees (1) If the chief executive officer is satisfied, on reasonable grounds, that a local government employee will be subject to disciplinary action, the chief executive officer may suspend the employee from duty. (2) Suspension of a local government employee from duty does not affect the following— (a) the continuity of the employee’s service in employment with the local government; Page 46 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 3 Local government employees [s 80] (b) the entitlements previously accrued to the employee from employment with the local government; (c) the accrual of entitlements to the employee during the period of suspension. (3) A suspended employee must be paid the employee’s full remuneration as at the start of the suspension for the period of suspension. 80 Employee to be given notice of grounds for disciplinary action (1) Before the chief executive officer takes disciplinary action against a local government employee, the chief executive officer must give the employee— (a) written notice of the following— (i) the disciplinary action to be taken; (ii) the grounds on which the disciplinary action is taken; (iii) the particulars of conduct claimed to support the grounds; and (b) a reasonable opportunity to respond to the information contained in the written notice. (2) The grounds and particulars are taken to be the only grounds and particulars for the disciplinary action taken, and no other ground or particular of conduct can be advanced in any proceeding about the disciplinary action taken against the local government employee. 81 Period for keeping records about disciplinary action If the chief executive officer takes disciplinary action against a local government employee, the officer must destroy any local government record about the disciplinary action no later than 2 years after the action is taken. Reprint 2H effective 23 November 2012 Page 47

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 3 Local government employees [s 82] Division 2 Appeal entity for disciplinary action 82 Appeal entity for disciplinary action—Act, s 197 (1) The Local Government Employee Disciplinary Appeal Board (the appeal board ) is established. (2) The appeal board consists of the appropriately qualified persons (each a board member ) appointed by the Minister. Example of appropriately qualified person — A person who, because of another position held by the person, hears and decides appeals against disciplinary action taken against employees. (3) The function of the appeal board is to hear and decide appeals against a decision of the chief executive officer to take disciplinary action against a local government employee. (4) The appeal board is the entity prescribed for section 197(3) of the Act. 83 Cost of appeal board (1) A board member is entitled to be paid the fees and allowances decided by the Minister. (2) Subsection (3) applies if disciplinary action is taken against a local government employee and the employee appeals to the appeal board. (3) The local government in which the employee is employed must reimburse the appeal board all expenses properly incurred in hearing the appeal (including fees and allowances payable to each board member). Division 3 Appeals against disciplinary action 84 What div 3 is about This division is about an appeal against a decision of a chief Page 48 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 3 Local government employees [s 85] executive officer to take disciplinary action against a local government employee. 85 Grounds of appeal The local government employee may appeal to the appeal board on 1 or more of the following grounds— (a) there has been a failure to comply with procedures required by law for taking disciplinary action against the appellant; (b) the employee is innocent of the matter claimed as grounds for the disciplinary action; (c) the grounds for the disciplinary action are unreasonable or insufficient; (d) the disciplinary action taken is excessive. 86 How to start appeal (1) The appeal is started by the local government employee— (a) giving a written notice of appeal to the department’s chief executive; and (b) giving a copy of the notice to the chief executive officer. (2) The notice of appeal must— (a) state the grounds for the appeal; and (b) be given within 1 month after the local government employee is given notice of the disciplinary action to be taken under section 80 (the appeal period ). (3) However, if a notice of appeal is given after the appeal period— (a) the Minister still must appoint a person to form the appeal board for the appeal; and (b) the appeal board must decide whether or not to hear the appeal. Reprint 2H effective 23 November 2012 Page 49

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 3 Local government employees [s 87] 87 Duties of appeal board In hearing the appeal, the appeal board must— (a) observe natural justice; and (b) act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues. 88 Appeal board may decide procedures (1) The appeal board— (a) is not bound by the rules of evidence; and (b) may inform itself in any way it considers appropriate; and (c) may decide the procedures to be followed in the appeal, including, for example, whether— (i) the appeal should be heard with other appeals; and (ii) the parties should be heard together or separately; and (iii) the parties should be heard, or evidence or submissions taken, by way of video link or another form of communication. (2) However, the appeal board must comply with this division. 89 Representation (1) A party to the appeal may appear personally. (2) Also, the appeal board may give a party leave to be represented by a lawyer. Page 50 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 3 Local government employees [s 90] 90 Preliminary hearing of appeals (1) Without limiting section 88(1)(c), the appeal board may conduct a preliminary hearing of the appeal to decide interlocutory and other preliminary matters. (2) In a preliminary hearing, the appeal board may— (a) make orders for the conduct of the appeal; or (b) require parties to make discovery or permit inspection of evidentiary material; or (c) require parties to file pleadings; or (d) strike out the appeal because it is frivolous or vexatious. 91 Appeal board’s powers In hearing the appeal, the appeal board may— (a) act in the absence of a person who has been given reasonable notice; and (b) receive evidence on oath or by statutory declaration; and (c) adjourn the appeal; and (d) permit a document to be amended; and (e) disregard any defect, error, omission or insufficiency in a document. 92 Prosecution of appeal (1) An appeal must be prosecuted diligently. (2) The appeal board may strike out an appeal if it considers the appellant is not prosecuting the appeal diligently. (3) The appeal may be discontinued by the local government employee by written notice given to the appeal board and the chief executive officer. Reprint 2H effective 23 November 2012 Page 51

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 3 Local government employees [s 93] 93 Decision on appeal (1) In deciding the appeal, the appeal board may— (a) allow the appeal, set aside the disciplinary action taken and order that the local government employee be restored, in all respects, to a position no less favourable than the employee would have been in if the disciplinary action had not been taken; or (b) allow the appeal, set aside the disciplinary action taken and order the taking of the disciplinary action that, in the board’s opinion, should be taken against the local government employee; or (c) dismiss the appeal and confirm the disciplinary action taken. (2) If an appeal board is satisfied the local government employee was not given written notice under section 80, the board must allow the appeal and order that the employee be restored, in all respects, to a position no less favourable than the employee would have been in if the disciplinary action had not been taken. (3) In assessing whether disciplinary action is excessive, an appeal board may have regard to the local government employee’s employment record. (4) A decision on the appeal must be written and state the reasons for the decision. (5) The appeal board must give a copy of a decision on an appeal to the parties to the appeal as soon as possible after making the decision. 94 Notice to witness (1) The appeal board may, by written notice given to a person, require the person to attend the hearing of the appeal at a stated time and place to give evidence or produce stated documents. Page 52 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 3 Local government employees [s 95] (2) A person required to appear as a witness before the appeal board is entitled to the reasonable witness fees decided by the appeal board. (3) Fees to which a witness is entitled under subsection (2) must be paid to the witness— (a) if the witness is called by the local government employee to give evidence—by the employee; and (b) otherwise—by the local government for the employee. 95 Duty of witness at appeal (1) A person appearing as a witness at the appeal must not— (a) fail to take an oath or make an affirmation when required by the appeal board; or (b) fail, without reasonable excuse, to answer a question the person is required to answer by the appeal board; or (c) fail, without reasonable excuse, to produce a document the person is required to produce by a notice under section 94(1). Maximum penalty—20 penalty units. (2) It is a reasonable excuse for a person to fail to answer a question or produce a document if answering the question or producing the document might tend to incriminate the person. 96 Leave for attending an appeal (1) A local government must give leave of absence on full pay to an employee who gives evidence at the appeal (including the council employee to whom the appeal relates). (2) The leave of absence must be for the period reasonably necessary for attending the appeal. Reprint 2H effective 23 November 2012 Page 53

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 3 Local government employees [s 97] 97 Contempt of appeal board A person must not— (a) insult the person forming the appeal board in the appeal; or (b) deliberately interrupt the appeal; or (c) create or continue, or join in creating or continuing, a disturbance in or near a place where the appeal board is conducting the appeal; or (d) do anything that would be a contempt of court if the person forming the appeal board were a judge acting judicially. Maximum penalty—20 penalty units. 98 Change of person forming appeal board The appeal is not affected by a change in the person forming the appeal board. Division 4 Portability of long service leave 99 What div 4 is about (1) This division is about the continuation of particular local government employees’ accrued rights to long service leave and recognition of their previous periods of employment. (2) A person’s accrued right to long service leave is the person’s entitlement to take long service leave after having completed a minimum period of employment with an employer. (3) This division applies if— (a) a person is employed (the new employment ) by a relevant entity (the new employer ); and Page 54 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 3 Local government employees [s 100] (b) the person was previously employed (the former employment ) by a relevant entity (the former employer ); and (c) the period between ending the former employment and beginning the new employment is not longer than 1 year; and (d) the person did not receive a payment from the former employer of an amount as a cash equivalent for accrued long service leave. (4) However, this division does not apply if— (a) the new employer is a distributor-retailer or a water entity; and (b) the former employer is a distributor-retailer or a water entity. (5) A relevant entity is— (a) a local government; or (b) a corporate entity; or (c) a distributor-retailer; or (d) a water entity; or (e) another entity that is controlled or owned by a local government. (6) A distributor-retailer is a distributor-retailer under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 . (7) A water entity is a water entity under the South East Queensland Water (Restructuring) Act 2007 . 100 Continuation of particular local government employees’ accrued rights to long service leave (1) The person’s accrued right to long service leave, in relation to the former employment, is continued, in relation to the new Reprint 2H effective 23 November 2012 Page 55

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 3 Local government employees [s 101] employment, as an accrued right to long service leave as an employee of the new employer. (2) From the start of the new employment, the new employer has the same obligations in relation to the person’s accrued right to long service leave as the former employer had in relation to the person, at the end of the former employment. Example — If a person was entitled to take 11 weeks long service leave at the time the former employment ended, the person continues to be entitled to take 11 weeks long service leave after the start of the new employment. The entitlement would not be subject to completing any further period of employment with the new employer. (3) However, after the start of the new employment, the person continues to accrue rights to long service leave only under the same conditions as an employee of the new employer who is not a person to whom this division applies. 101 Recognition of previous periods of employment for particular local government employees (1) This section applies when determining the person’s accrued right to long service leave in relation to the new employer. (2) The person’s period of employment with the former employer, in addition to the person’s period of employment with the new employer, is taken to be the person’s period of employment with the new employer. Example — A person is taken to have completed a period of employment of 10 years with a new employer if the person completed a period of employment of 6 years with a former employer and a period of employment of 4 years with the new employer. Page 56 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 3 Local government employees [s 102] 102 Payment by former employer to new employer towards long service leave entitlements accrued with former employer (1) The former employer must pay the new employer an amount for the number of days of long service leave that the person— (a) is entitled to take because of the person’s period of employment with the former employer; or (b) would have been entitled to take, because of the person’s period of employment with the former employer, if there was no minimum period of employment to be completed before the entitlement accrued. (2) The amount— (a) is the amount the former employer would have been required to pay the person if the person had taken the long service leave; and (b) must be paid within a reasonable time of being requested by the new employer. (3) A former employer of the person must provide the new employer of the person with the following information relating to the person— (a) the length of accrued long service leave; (b) any special leave taken by the person without salary; (c) any long service leave taken by the person or any amount of cash paid to the person in lieu of long service leave; (d) any undertaking given in relation to long service leave. Reprint 2H effective 23 November 2012 Page 57

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 4 Authorised person [s 103] Part 4 Authorised person 103 Who may be appointed as authorised persons—Act, s 202 (1) For section 202(2)(b)(ii) of the Act, each of the following types of persons are prescribed— (a) a person who contracts with the relevant local government to provide services to it for the administration or enforcement of a Local Government Act; (b) a person who is an employee of an entity that contracts with the relevant local government to provide services to it for the administration or enforcement of a Local Government Act; (c) a person who is an employee of another local government and who performs duties for the relevant local government under an arrangement between the relevant local government and the other local government. (2) The relevant local government is the local government that employs the chief executive officer. Part 5 Register of interests 104 What pt 5 is about (1) This part is about the register of interests of the following persons— (a) councillors; (b) chief executive officers; (c) senior contract employees; Page 58 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 5 Register of interests [s 105] (d) a person who is related to a councillor, chief executive officer or senior contract employee. (2) A person is related to a councillor, chief executive officer or senior contract employee (the primary party ) if— (a) the person is the primary party’s spouse; or (b) the person is totally or substantially dependent on the primary party and— (i) the person is the primary party’s child; or (ii) the person’s affairs are so closely connected with the affairs of the primary party that a benefit derived by the person, or a substantial part of it, could pass to the primary party. 105 Who maintains registers of interests (1) The chief executive officer must maintain a register of interests of the following persons— (a) councillors; (b) senior contract employees; (c) a person who is related to a councillor or senior contract employee. (2) The mayor must maintain a register of interests of the following persons— (a) the chief executive officer; (b) a person who is related to the chief executive officer. 106 Contents of registers of interests (1) The register of interests of each of the following persons must contain the financial and non-financial particulars mentioned in schedule 4 for an interest held by the person— (a) a councillor; (b) the chief executive officer; Reprint 2H effective 23 November 2012 Page 59

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 5 Register of interests [s 107] (c) a senior contract employee; (d) a person who is related to a councillor, the chief executive officer or a senior contract employee. (2) However, the register of interests of a person who is related to a councillor, the chief executive officer or a senior contract employee need not include any interest that is— (a) held jointly, or in common, with the councillor, chief executive officer or senior contract employee; and (b) included in the register of interests of the councillor, chief executive officer or senior contract employee. (3) Nothing in subsection (1) requires a register of interests to include any of the following— (a) the number or monetary value of shares; (b) the monetary value of an investment or interest; (c) the full street address of land; (d) the amount of a liability, donation or other income; (e) the account number of, or amounts held in, accounts held with a financial institution; (f) the monetary value of accommodation, an asset, a gift or travel. (4) To remove any doubt, it is declared that a person holds an interest if the person holds the interest alone or jointly, or in common, with another person. 107 Obligation to notify if interest in register no longer correct (1) Subsection (2) applies if a councillor knows— (a) of an interest that must be recorded in a register of interests under section 106 in relation to the councillor or a person who is related to the councillor; or Page 60 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 5 Register of interests [s 107] (b) that particulars of an interest recorded in a register under section 106 in relation to the councillor or a person who is related to the councillor are no longer correct. (2) The councillor must, in the approved form, inform the chief executive officer of the interest or the correct particulars within 30 days after the councillor knows of the interest or correct particulars. Maximum penalty—85 penalty units. (3) Subsection (4) applies if the chief executive officer knows— (a) of an interest that must be recorded in a register of interests under section 106 in relation to the chief executive officer or a person who is related to the chief executive officer; or (b) that particulars of an interest recorded in a register under section 106 in relation to the chief executive officer or a person who is related to the chief executive officer are no longer correct. (4) The chief executive officer must, in the approved form, inform the mayor of the interest or the correct particulars within 30 days after the chief executive officer knows of the interest or correct particulars. Maximum penalty—85 penalty units. (5) Subsection (6) applies if a senior contract employee knows— (a) of an interest that must be recorded in a register of interests under section 106 in relation to the employee or a person who is related to the employee; or (b) that particulars of an interest recorded in a register under section 106 in relation to the employee or a person who is related to the employee are no longer correct. (6) The senior contract employee must, in the approved form, inform the chief executive officer of the interest or the correct Reprint 2H effective 23 November 2012 Page 61

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 5 Register of interests [s 108] particulars within 30 days after the employee knows of the interest or correct particulars. Maximum penalty—85 penalty units. 108 Who may inspect a register of interests (1) A register of interests of a councillor may be inspected by the public. (2) Subsection (3) applies to a register of interests of— (a) chief executive officers; or (b) senior contract employees; or (c) persons who are related to a councillor, chief executive officer or senior contract employee. (3) The register of interests is only open to inspection by the following persons— (a) a councillor; (b) the chief executive officer; (c) another person permitted by law to have access to information in the register. (4) To remove any doubt, it is declared that subsection (3) does not operate to allow a councillor or chief executive officer of one local government to inspect a register of interests of another local government. 109 Access to particular registers of interests (1) This section applies to the register of interests of— (a) the chief executive officer; or (b) a senior contract employee; or (c) a person who is related to a councillor, the chief executive officer or a senior contract employee. Page 62 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 5 Register of interests [s 110] (2) A person seeking access to the register of interests must apply in writing to— (a) for the register of interests of the chief executive officer or persons who are related to the chief executive officer—the mayor; or (b) otherwise—the chief executive officer. (3) The chief executive officer or mayor must record— (a) the name and home or business address of each person given access to a register of interests by the chief executive officer or mayor; and (b) the day the access is given. (4) If the chief executive officer or mayor give access to a register of interests, the chief executive officer or mayor must, as soon as practicable, inform the person to whom the register of interests relates of the day the access was given. 110 Publication of register of interests of councillors (1) The local government must ensure a copy of the register of interests of councillors may be inspected by the public— (a) at the local government’s public office; and (b) on its website. (2) The copy of the register of interests must— (a) include a change to the register of interests as soon as practical but no later than 5 business days after the change is made; and (b) be in a form that is reasonably accessible and transparent. Example for paragraph (b) — a consolidated version of the register of interests Reprint 2H effective 23 November 2012 Page 63

Local Government (Operations) Regulation 2010 Chapter 5 Administration Part 5 Register of interests [s 111] 111 Queries on contents of register of interests (1) A person who suspects on reasonable grounds that a register of interests does not contain particulars that should be in the register may inform— (a) if the suspicion relates to the register of interests of the chief executive officer or persons who are related to the chief executive officer—the mayor; or (b) otherwise—the chief executive officer. (2) The chief executive officer or mayor must immediately inform the following person (the informed person )— (a) if the register of interests relates to a councillor or a person who is related to a councillor—the councillor; (b) if the register of interests relates to the mayor or a person who is related to the mayor—the mayor; (c) if the register of interests relates to the chief executive officer or a person who is related to the chief executive officer—the chief executive officer; (d) if the register of interests relates to a senior contract employee or a person who is related to the senior contract employee—the senior contract employee. (3) The informed person must, within 30 days of being informed, establish whether the register of interests should be amended to make it a true record of fact. (4) If the informed person establishes that the register of interests does not need to be amended, the person must— (a) complete a statutory declaration stating that the particulars in the register of interests are a true record of fact; and (b) give the statutory declaration to— (i) if the informed person is the chief executive officer—the mayor; or (ii) otherwise—the chief executive officer. Page 64 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 6 Other provisions Part 1 Way to hold a hearing [s 112] 112 Improper disclosure of registers of interests (1) A person must not knowingly disclose information obtained from a register of interests if it is not a true copy, or a fair summary, of the contents of the register of interests. Maximum penalty—85 penalty units. (2) A person must not knowingly disclose information obtained from a register of interests of the following persons, other than to a person mentioned in section 108(3)— (a) a chief executive officer; (b) a senior contract employee; (c) a person related to a councillor, chief executive officer or senior contract employee. Maximum penalty—85 penalty units. Chapter 6 Other provisions Part 1 Way to hold a hearing 113 Procedural rules for hearings—Act, s 213 For section 213(3) of the Act, a hearing must be held in public unless the investigator directs the hearing is to be held in private. 114 Witness fees—Act, s 214 For section 214(4)(a) of the Act, the witness fees prescribed are the allowances for witnesses and other persons prescribed under the QCAT Act. Reprint 2H effective 23 November 2012 Page 65

Local Government (Operations) Regulation 2010 Chapter 6 Other provisions Part 2 Superannuation [s 115] Editor’s note — For the witness fees prescribed under the QCAT Act, see the Queensland Civil and Administrative Tribunal Regulation 2009 , part 4. Part 2 Superannuation 115 Local government entities—Act, s 216A For the Act, section 216A, definition local government entity , each of the entities mentioned in schedule 5 is prescribed. 116 Persons eligible for membership of the scheme—Act, s 218 For section 218(2)(i) of the Act, a person mentioned in schedule 6 is prescribed. 116A Prescribed amount of yearly contributions—Act, s 220 (1) For the Act, section 220(3), the yearly contribution that an employer must make is the amount equal to— (a) for a special permanent employee—11% of the employee’s salary; or (b) for a standard permanent employee—12% of the employee’s salary. (2) For the Act, section 220(5), the yearly contribution that an employer must make for a BCC permanent employee is the amount equal to 14% of the employee’s salary. (3) However, the yearly contribution that an employer must make for a BCC permanent employee who is 70 years or older is nil. Page 66 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 6 Other provisions Part 2 Superannuation [s 116B] 116B Prescribed amount of yearly contributions—Act, s 220A (1) For the Act, section 220A(2), definition prescribed employee , paragraph (b), a person who is a BCC permanent employee is prescribed. (2) For the Act, section 220A(3), the yearly contribution that an employee must make is the amount equal to— (a) for a special permanent employee of a local government (other than the Brisbane City Council) or a local government entity—5% of the employee’s salary; or (b) for a standard permanent employee of a local government (other than the Brisbane City Council) or a local government entity—6% of the employee’s salary; or (c) for a prescribed employee of the Brisbane City Council who is an accumulation benefit member within the meaning of section 216A of the Act—5% of the employee’s salary; or (d) for a prescribed employee of the Brisbane City Council who is a defined benefit member within the meaning of section 216A of the Act—the amount stated in the trust deed. (3) However, the yearly contribution that a BCC permanent employee must make if the employee is 70 years or older is nil. 117 Interest payable on outstanding contributions—Act, s 224 For section 224(4)(a) of the Act, the annual rate of interest is 14%. Reprint 2H effective 23 November 2012 Page 67

Local Government (Operations) Regulation 2010 Chapter 6 Other provisions Part 3 Delegation of powers [s 118] Part 3 Delegation of powers 118 Particulars to be contained in register of delegations—Act, s 260 (1) For section 260(1) of the Act, the particulars prescribed for a register of delegations are— (a) the name or title of the person, or the name of the committee, to whom powers are delegated; and (b) a description of the powers delegated, including the provisions under a Local Government Act permitting or requiring the exercise of the powers; and (c) if the delegation was by the local government—a summary of the resolution by which powers are delegated, including— (i) the date of the resolution; and (ii) a summary of any conditions to which the delegation is subject; and (iii) if the resolution is numbered—its number. (2) The chief executive officer may include any other information in the register the chief executive officer considers appropriate. Part 4 Process for resolving administrative action complaints 119 Process for resolving administrative action complaints (1) This section provides, for section 268(4) of the Act, the process for resolving complaints about administrative actions Page 68 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 6 Other provisions Part 4 Process for resolving administrative action complaints [s 119] of the local government made by affected persons. (2) By 1 July 2011 a local government must, by resolution, adopt— (a) a complaints management process that effectively manages complaints from their receipt to their resolution; and (b) written policies and procedures supporting the complaints management process. (3) A complaints management process is a process for resolving complaints about administrative actions of the local government that— (a) covers all administrative action complaints made to the local government; and (b) requires the local government to quickly and efficiently respond to complaints in a fair and objective way; and (c) includes the criteria considered when assessing whether to investigate a complaint; and (d) requires the local government to inform an affected person of the local government’s decision about the complaint and the reasons for the decision, unless the complaint was made anonymously. (4) The local government must— (a) record all administrative action complaints; and (b) ensure the public may inspect the complaints management process (including the related policies and procedures) at the local government’s public office and on its website; and (c) ensure internal reports are occasionally provided to senior management about the operation of the complaints management process; and (d) ensure mechanisms are in place to— Reprint 2H effective 23 November 2012 Page 69

Local Government (Operations) Regulation 2010 Chapter 6 Other provisions Part 5 Reporting missing local government property [s 120] (i) identify, analyse and respond to complaint trends; and (ii) monitor the effectiveness of the complaints management process (by monitoring the time taken to resolve complaints, for example). (5) To remove any doubt, it is declared that in deciding if a complaint is an administrative action complaint it is irrelevant— (a) how quickly the complaint was resolved; or (b) to which area of a local government the complaint was made; or (c) whether the complaint was a written or verbal complaint; or (d) whether or not the complaint was made anonymously. (6) Before 1 July 2011 a local government may continue to follow the general complaints process under the 1993 Act. Editor’s note — Under the Local Government (Finance, Plans and Reporting) Regulation 2010 , section 115 a local government must include particular information relating to the complaints management process in the local government’s annual report. Part 5 Reporting missing local government property 120 Report of missing property (1) This section applies if— (a) a local government becomes aware that property of, or received by, it is missing; and (b) the property has a total value of $1000 or more. Page 70 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 6 Other provisions Part 6 Equal opportunity of employment [s 121] (2) The local government must immediately give written notice to the auditor-general. (3) Also, if the local government suspects the property may have been stolen, the local government must immediately give written notice to a police officer. Part 6 Equal opportunity of employment Division 1 Preliminary 121 What pt 6 is about (1) This part is about— (a) requiring each local government to develop and implement an EEO management plan; and (b) establishing procedures to monitor compliance with the requirements. (2) An EEO management plan is a plan capable of— (a) enabling members of the target groups to do the following as effectively as people who are not members of the target groups— (i) compete for recruitment, selection, promotion and transfer in the particular local government; (ii) pursue careers in the particular local government; and (b) eliminating unlawful discrimination by the particular local government or its employees against members of the target groups in employment matters. (3) The target groups are any of the following— Reprint 2H effective 23 November 2012 Page 71

Local Government (Operations) Regulation 2010 Chapter 6 Other provisions Part 6 Equal opportunity of employment [s 122] (a) Aborigines or Torres Strait Islanders; (b) people who have migrated to Australia and whose first language is a language other than English, and the children of those people; (c) people with a physical, sensory, intellectual or psychiatric disability, whether the disability presently exists or previously existed but no longer exists; (d) persons of the female sex, irrespective of age. (4) Employment matters are any matters about the employment of an employee, including the following— (a) recruitment procedure and selection criteria, for appointment or engagement of a person as an employee; (b) promotion and transfer of an employee; (c) training and staff development for an employee; (d) terms of service and separation of an employee. (5) Unlawful discrimination means discrimination that is unlawful under the Anti-Discrimination Act 1991 . 122 Purpose and role of equality of employment opportunity (1) The purpose of this part is to promote equality of employment opportunity in local governments. (2) Equality of employment opportunity enhances the capacity of local governments to achieve their objectives by— (a) improving organisational efficiency and productivity through the selection and employment of the best and most talented people; and (b) fulfilling the social justice obligations of equity and fairness; and (c) increasing the effectiveness of service delivery and decision-making by adopting an employee profile more accurately reflecting the community profile. Page 72 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 6 Other provisions Part 6 Equal opportunity of employment [s 123] (3) The social justice obligations of equity and fairness are obligations based on the idea that all people should be able to compete for employment on the basis of the ability to do the job. 123 Merit principle reinforced Nothing in this part is taken to require an action incompatible with the principle that recruitment, selection, promotion and transfer are to be dealt with on the basis of merit. 124 Exemption from compliance with this part (1) The Minister may exempt a local government from complying with a requirement under this part if the Minister considers— (a) the local government should have fewer than 40 employees; and (b) the likely benefits to the local government of adopting and implementing an EEO management plan under this part are outweighed by the likely financial and administrative costs to the local government of adopting and implementing the plan. (2) If the Minister, after considering the criteria set out in subsection (1), exempts the local government from complying with this part, the local government must comply with any conditions of the exemption. Division 2 Development of EEO management plan 125 Local government to develop EEO management plan (1) A local government must develop an EEO management plan to ensure appropriate action is taken by it— Reprint 2H effective 23 November 2012 Page 73

Local Government (Operations) Regulation 2010 Chapter 6 Other provisions Part 6 Equal opportunity of employment [s 126] (a) to promote equal employment opportunity for members of the target groups in employment matters; and (b) to eliminate unlawful discrimination by it against members of the target groups in employment matters. (2) The EEO management plan must be— (a) developed in time for implementation of the plan to begin when the local government’s 5 year corporate plan is adopted; and (b) published on the local government’s website. 126 Steps to be followed in ongoing development of EEO management plan A local government must take the following steps in developing its EEO management plan on an ongoing basis— Step 1—Issue policy statement and keep employees informed Inform employees of the local government’s EEO policy and the results of monitoring and evaluating, under step 8, the implementation of the local government’s EEO management plan. Step 2—Nominate person to have EEO responsibility Give responsibility for developing, implementing and continuous reviewing of the EEO management plan to a person who has, or persons who have, sufficient authority and status within the management of the local government to enable the person or persons to properly do so. Step 3—Consult with trade unions Consult with the trade unions that have members who are, or will be, affected by the EEO management plan about developing and implementing the plan. Step 4—Consult with employees Consult with the local government’s employees, particularly Page 74 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 6 Other provisions Part 6 Equal opportunity of employment [s 127] employees who are members of the target groups, about developing and implementing the EEO management plan. Step 5—Collect statistics Collect and record statistics and related information about— (a) the number of employees who are members of the target groups; and (b) the salary stream and level of the employees. Step 6—Review policies and practices Examine the local government’s policies and practices about employment matters to identify— (a) patterns (including patterns identified statistically) of inequality of opportunity for members of the target groups; and (b) policies or practices unlawfully discriminating against members of the target groups. Step 7—Set objectives and implementation strategy Set qualitative objectives consistent with the purposes of this part and develop a strategy for implementing the EEO management plan to achieve the objectives. Step 8—Assess implementation Monitor and evaluate the implementation of the EEO management plan to assess whether the objectives have been achieved. Division 3 Implementation of EEO management plan 127 Local government to give effect to EEO management plan A local government must take the action necessary to implement its EEO management plan. Reprint 2H effective 23 November 2012 Page 75

Local Government (Operations) Regulation 2010 Chapter 6 Other provisions Part 6 Equal opportunity of employment [s 128] 128 Employment powers to be exercised having regard to EEO management plan A person who exercises powers relating to employment matters in a local government must have regard to the local government’s EEO management plan in exercising the powers. Note — This section is subject to the principle mentioned in section 123 (Merit principle reinforced). Division 4 Supervision by department’s chief executive 129 Department’s chief executive may take action if dissatisfied with EEO management plan of a local government (1) This section applies if the department’s chief executive is dissatisfied with any matter relating to the action taken by a local government— (a) to promote equal employment opportunity for members of the target groups; or (b) to eliminate unlawful discrimination by the local government against members of the target groups. (2) The department’s chief executive may, by written notice, recommend to the local government’s chief executive officer the action the local government should take to overcome the dissatisfaction. (3) The notice must state the period within which the action the department’s chief executive officer recommends be taken. (4) A local government must comply with a notice given to its chief executive officer under subsection (2) within the period stated for the action unless the chief executive officer gives the department’s chief executive written notice of the local Page 76 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Chapter 7 Transitional provision for 2012 quadrennial elections [s 130] government’s reason for not complying with the recommendation. Part 7 Other provisions 130 Department’s address For schedule 4 of the Act, definition State office , the department’s address is— Department of Infrastructure and Planning Level 12 Executive Building 100 George Street BRISBANE Q 4000 131 LGAQ Ltd.—Act, s 287 For section 287(2), the corporation prescribed is the Local Government Association of Queensland Ltd. ABN 11 010 883 293. Chapter 7 Transitional provision for 2012 quadrennial elections 132 Local government changes affecting the 2012 quadrennial elections (1) This section applies to a local government area mentioned in schedule 1A— (a) for the purposes of the 2012 quadrennial elections for the local government area; and Reprint 2H effective 23 November 2012 Page 77

Local Government (Operations) Regulation 2010 Chapter 7 Transitional provision for 2012 quadrennial elections [s 132] (b) from the conclusion of the 2012 quadrennial elections for the local government area under the Local Government Electoral Act 2011. (2) A reference to schedule 1 in sections 5 to 8 in relation to the local government area is taken to be a reference to schedule 1A. (3) To remove any doubt, it is declared that the prescribed information for the local government area is the information mentioned in schedule 1A and not the information mentioned in schedule 1. (4) In this section— prescribed information , for a local government area, means each of the following— (a) the name of the local government area; (b) the classification for the local government area; (c) the boundaries for the local government area and any divisions of the area; (d) the total number of councillors for the local government area; (e) the number of councillors for each division of the local government area. Page 78 Reprint 2H effective 23 November 2012

Schedule 1 Local Government (Operations) Regulation 2010 Schedule 1 Prescribed information about local governments sections 5 to 8 Column 1 Local government Aurukun Balonne Banana Barcaldine Barcoo Blackall- Tambo Boulia Bulloo Bundaberg Burdekin Column 2 Class shire shire shire region shire region shire shire region shire Column 3 Area map LGRB 2 LGRB 3 LGRB 4 edition 2 LGRB edition 2 LGRB 6 LGRB 8 edition 3 LGRB 9 LGRB 10 LGB 11 edition 1 LGRB 12 Column 4 Number of councillors assigned to each division area not divided area not divided division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 area not divided area not divided division 1—1 division 2—1 division 3—1 division 4—1 area not divided area not divided division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 division 7—1 division 8—1 division 9—1 division 10—1 area not divided Column 5 Total number of councillors (including mayor) 5 5 7 7 5 5 5 5 11 7 Reprint 2H effective 23 November 2012 Page 79

Local Government (Operations) Regulation 2010 Schedule 1 Column 1 Local government Burke Cairns Carpentaria Cassowary Coast Central Highlands Charters Towers Cherbourg Cloncurry Cook Croydon Diamantina Doomadgee Etheridge Flinders Fraser Coast Column 2 Class shire region shire region region region shire shire shire shire shire shire shire shire region Column 3 Area map LGRB 13 LGB 14 edition 2 LGRB 15 LGRB 16 edition 2 LGRB 25 LGRB 17 edition 2 LGRB 18 LGRB 19 LGRB 20 edition 2 LGRB 21 LGRB 23 LGRB 24 LGRB 26 LGRB 27 edition 2 LGB 28 edition 2 Column 4 Number of councillors assigned to each division area not divided division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 division 7—1 division 8—1 division 9—1 division 10—1 area not divided division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 area not divided area not divided area not divided area not divided area not divided area not divided area not divided area not divided area not divided area not divided area not divided Column 5 Total number of councillors (including mayor) 5 11 5 7 9 7 5 5 7 5 5 5 5 5 11 Page 80 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Schedule 1 Column 1 Local government Gladstone Gold Coast Goondiwindi Gympie Hinchinbrook Hope Vale Ipswich Isaac Kowanyama Column 2 Class region city region region shire shire city region shire Column 3 Area map LGRB 29 LGB 30 edition 2 LGRB 31 LGB 32 edition 2 LGRB 33 LGRB 34 LGB 35 edition 2 LGB 36 edition 1 LGRB 37 Column 4 Number of councillors assigned to each division area not divided division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 division 7—1 division 8—1 division 9—1 division 10—1 division 11—1 division 12—1 division 13—1 division 14—1 area not divided area not divided area not divided area not divided division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 division 7—1 division 8—1 division 9—1 division 10—1 division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 division 7—1 division 8—1 area not divided Column 5 Total number of councillors (including mayor) 9 15 7 9 7 5 11 9 5 Reprint 2H effective 23 November 2012 Page 81

Local Government (Operations) Regulation 2010 Schedule 1 Column 1 Local government Column 2 Class Lockhart River shire Lockyer Valley region Logan city Longreach region Mackay Mapoon Maranoa region shire region McKinlay Moreton Bay shire region Mornington shire Column 3 Area map LGRB 38 LGRB 39 LGB 40 edition 2 LGRB 41 edition 2 LGRB 42 LGRB 43 LGRB 59 edition 2 LGRB 44 LGB 50 edition 2 LGRB 45 Column 4 Number of councillors assigned to each division area not divided area not divided division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 division 7—1 division 8—1 division 9—1 division 10—1 division 11—1 division 12—1 division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 area not divided area not divided area not divided area not divided division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 division 7—1 division 8—1 division 9—1 division 10—1 division 11—1 division 12—1 area not divided Column 5 Total number of councillors (including mayor) 5 7 13 7 11 5 9 5 13 5 Page 82 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Schedule 1 Column 1 Local government Column 2 Class Mount Isa Murweh Napranum North Burnett city shire shire region Northern region Peninsula Area Palm Island Paroo Pormpuraaw Quilpie Redland shire shire shire shire city Richmond shire Column 3 Area map LGRB 46 LGRB 47 LGRB 48 LGRB 49 edition 2 LGRB 51 LGRB 52 LGRB 53 LGRB 54 LGRB 55 LGB 56 edition 1 LGRB 57 Column 4 Number of councillors assigned to each division area not divided area not divided area not divided division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 area not divided area not divided area not divided area not divided division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 division 7—1 division 8—1 division 9—1 division 10—1 area not divided Column 5 Total number of councillors (including mayor) 7 5 5 7 6 5 5 5 5 11 5 Reprint 2H effective 23 November 2012 Page 83

Local Government (Operations) Regulation 2010 Schedule 1 Column 1 Local government Column 2 Class Rockhampton region Scenic Rim region Somerset region South Burnett region Southern Downs region Sunshine Coast region Column 3 Area map LGB 58 edition 1 LGRB 7 edition 5 LGB 60 edition 1 LGB 61 edition 1 LGRB 62 edition 2 LGB 63 edition 2 Column 4 Number of councillors assigned to each division division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 division 7—1 division 8—1 division 9—1 division 10—1 division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 area not divided division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 area not divided division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 division 7—1 division 8—1 division 9—1 division 10—1 division 11—1 division 12—1 Column 5 Total number of councillors (including mayor) 11 7 7 7 9 13 Page 84 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Schedule 1 Column 1 Local government Column 2 Class Tablelands region Toowoomba Torres Torres Strait Island region shire region Townsville city Western Downs region Whitsunday region Winton Woorabinda shire shire Column 3 Area map LGRB 64 edition 2 LGRB 65 LGRB 66 LGRB 67 LGRB 68 LGRB 22 edition 2 LGB 69 edition 1 LGRB 70 LGRB 71 Column 4 Number of councillors assigned to each division division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 division 7—1 division 8—1 area not divided area not divided division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 division 7—1 division 8—1 division 9—1 division 10—1 division 11—1 division 12—1 division 13—1 division 14—1 division 15—1 area not divided area not divided division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 area not divided area not divided Column 5 Total number of councillors (including mayor) 9 11 5 16 13 9 7 5 5 Reprint 2H effective 23 November 2012 Page 85

Local Government (Operations) Regulation 2010 Schedule 1 Column 1 Local government Wujal Wujal Yarrabah Column 2 Class shire shire Column 3 Area map LGB 72 edition 1 LGRB 73 Column 4 Number of councillors assigned to each division area not divided area not divided Column 5 Total number of councillors (including mayor) 5 5 Page 86 Reprint 2H effective 23 November 2012

Schedule 1A Local Government (Operations) Regulation 2010 Schedule 1A Prescribed information about local governments affecting the 2012 quadrennial elections sections 5 to 8 and 132 Column 1 Local government Balonne Blackall- Tambo Carpentaria Flinders Fraser Coast Gympie Longreach Richmond Column 2 Class shire region shire shire region region region shire Column 3 Area map LGRB 3 LGB 8 edition 1 LGRB 15 LGRB 27 edition 2 LGB 28 edition 3 LGB 32 edition 3 LGB 41 edition 1 LGRB 57 Column 4 Number of councillors assigned to each division area not divided area not divided area not divided area not divided division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 division 7—1 division 8—1 division 9—1 division 10—1 division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 division 7—1 division 8—1 area not divided area not divided Column 5 Total number of councillors (including mayor) 7 7 7 7 11 9 7 6 Reprint 2H effective 23 November 2012 Page 87

Local Government (Operations) Regulation 2010 Schedule 1A Column 1 Local government Townsville Winton Column 2 Class city shire Column 3 Area map LGB 68 edition 1 LGRB 70 Column 4 Number of councillors assigned to each division division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 division 7—1 division 8—1 division 9—1 division 10—1 area not divided Column 5 Total number of councillors (including mayor) 11 6 Page 88 Reprint 2H effective 23 November 2012

Schedule 2 Local Government (Operations) Regulation 2010 Schedule 2 Aboriginal shire councils section 5(3) Cherbourg Doomadgee Hope Vale Kowanyama Lockhart River Mapoon Napranum Palm Island Pormpuraaw Woorabinda Wujal Wujal Yarrabah Reprint 2H effective 23 November 2012 Page 89

Local Government (Operations) Regulation 2010 Schedule 3 Schedule 3 Implementing local government changes relating to changes of the boundaries of local government areas section 14B Part 1 Implementation 1 Change in external boundaries of the Fraser Coast and Gympie regions (1) Lot 113 on crown plan LX942 is excluded from the Gympie Regional Council’s local government area and included in the Fraser Coast Regional Council’s local government area. (2) The local government change mentioned in subsection (1) takes effect on 15 April 2011. Note — A copy of the change commission’s report titled ‘Report on a change to the external boundaries of the Fraser Coast Regional Council and Gympie Regional Council’ can be viewed on the website of the Electoral Commission Queensland. (3) The part of lot 1 on plan SP233609 within the Gympie Regional Council’s local government area on 26 January 2012 is excluded from the Gympie Regional Council’s local government area and included in the Fraser Coast Regional Council’s local government area. (4) The local government change mentioned in subsection (3) takes effect on 27 January 2012. (5) The part of lot 1 on plan SP186935 within the Fraser Coast Regional Council’s local government area on 26 January 2012 is excluded from the Fraser Coast Regional Council’s local government area and included in the Gympie Regional Council’s local government area. Page 90 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Schedule 3 (6) The local government change mentioned in subsection (5) takes effect on 27 January 2012. Note — A copy of the change commission’s report titled ‘Report on a change to the external boundaries of the Fraser Coast Regional Council and Gympie Regional Council’ dated November 2011 can be viewed on the website of the Electoral Commission Queensland. 2 Change in external boundaries of the Barcaldine and Blackall-Tambo regions (1) Lot 6 on crown plan 848943 is excluded from the Barcaldine Regional Council’s local government area and included in the Blackall-Tambo Regional Council’s local government area. (2) The local government change mentioned in subsection (1) takes effect on 30 September 2011. Note — A copy of the change commission’s report titled ‘Report on a change to the external boundaries of the Barcaldine Regional Council and Blackall-Tambo Regional Council’ can be viewed on the website of the Electoral Commission Queensland. 3 Change in external boundaries of Cairns and Wujal Wujal areas (1) Lot 2 on plan SP171837 and lot 17 on plan SP224301 are excluded from the Cairns Regional Council’s local government area and included in the Wujal Wujal Aboriginal Shire Council’s local government area. (2) The local government change mentioned in subsection (1) takes effect on 9 December 2011. Note — A copy of the change commission’s report titled ‘Report on a change to the external boundaries of Wujal Wujal Aboriginal Shire Council and Cairns Regional Council’ can be viewed on the website of the Electoral Commission Queensland. Reprint 2H effective 23 November 2012 Page 91

Local Government (Operations) Regulation 2010 Schedule 3 4 Change in external boundaries of the Gold Coast and Logan city council area (1) The tidal watercourse surrounding lot 130 on plan W3192 is excluded from the Gold Coast City Council’s local government area and included in the Logan City Council’s local government area. (2) The local government change mentioned in subsection (1) takes effect on 27 January 2012. Note — A copy of the change commission’s report titled ‘Report on a change to the external boundaries of the Gold Coast City Council and Logan City Council’ dated December 2011 can be viewed on the website of the Electoral Commission Queensland. 5 Change in external boundaries of the Ipswich and Somerset areas (1) The part of lot 1 on plan SP218481 within the Ipswich City Council’s local government area on 6 September 2012 is excluded from the Ipswich City Council’s local government area and included in the Somerset Regional Council’s local government area. (2) The local government change mentioned in subsection (1) takes effect on 7 September 2012. Note — A copy of the change commission’s report titled ‘Report on a change to the external boundaries of the Ipswich City Council and Somerset Regional Council’ dated July 2012 can be viewed on the website of the Electoral Commission Queensland. 6 Change in external boundaries of Moreton Bay and Sunshine Coast areas (1) The part of lot 5 on SP242747 within the Moreton Bay Regional Council’s local government area on 22 November 2012 is excluded from the Moreton Bay Regional Council’s local government area and included in the Sunshine Coast Regional Council’s local government area. Page 92 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Schedule 3 (2) The local government change mentioned in subsection (1) takes effect on 23 November 2012. Note — A copy of the change commission’s report titled ‘Report on a change to the external boundaries of the Moreton Bay Regional Council and Sunshine Coast Regional Council’ dated September 2012 can be viewed on the website of the Electoral Commission Queensland. Part 2 Facilitation of implementation 1 Definitions for pt 2 In this part— current local government , for a relevant area, means the local government for the area immediately after the transfer day. former local government , for a relevant area, means the local government for the area immediately before the transfer day. relevant area means an area that, under a local government change mentioned in part 1, is excluded from a local government’s local government area and included in another local government’s local government area. transfer day , for a relevant area, means the day the local government change relating to the area takes effect under part 1. 2 Unfinished actions of former local government (1) This section applies to an action started by the former local government for a relevant area that— (a) relates to the relevant area; and (b) has not been finalised before the transfer day. (2) The action is taken to have been started by the current local government for the relevant area. (3) In this section— Reprint 2H effective 23 November 2012 Page 93

Local Government (Operations) Regulation 2010 Schedule 3 action means the performance of a function or the exercise of a power, including, for example, the following— (a) making a decision on, or considering, an application about land; (b) taking action in relation to an amount of rate for land; (c) making a demand for payment of an amount of rate; (d) making a requirement under an Act. 3 Assets and public works in the relevant area Any assets and public works in a relevant area belonging to the former local government for the relevant area immediately before the transfer day belong, from the transfer day, to the current local government for the relevant area. Example of what may be an asset belonging to a local government — material associated with a road or bridge 4 Application fees (1) This section applies to an application made to the former local government for a relevant area that— (a) relates to the relevant area; and (b) was made under an Act or planning scheme; and (c) has not been decided immediately before the transfer day. (2) As soon as practicable after the transfer day, the former local government for the relevant area must pay the fee received for the application to the current local government for the relevant area. 5 Planning scheme for the relevant area (1) The planning scheme of a former local government for a relevant area (the existing planning scheme ) continues to apply to the relevant area after the transfer day until the Page 94 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Schedule 3 current local government for the relevant area amends its planning scheme or makes a new planning scheme. (2) The existing planning scheme must be implemented, administered and enforced, in relation to the relevant area, by the current local government for the relevant area as if the existing planning scheme were part of the current local government’s planning scheme. 6 References in documents to former local government In a document relating to a relevant area, a reference to the former local government for the relevant area may, as appropriate, be taken to be a reference to the current local government for the relevant area. 7 Duty to assist with change to boundaries of local government areas (1) The former local government for a relevant area and the current local government for the relevant area must do all acts and other things necessary to help in the implementation of the change of the boundaries of their local government areas. (2) Without limiting subsection (1), the former local government for the relevant area must give the current local government for the relevant area the records necessary to enable compliance with this schedule. Reprint 2H effective 23 November 2012 Page 95

Local Government (Operations) Regulation 2010 Schedule 4 Schedule 4 Financial and non-financial particulars for registers of interests section 106(1) 1 Definitions for sch 3 In this schedule— controlling interest , in shares in a corporation, for a person, means the person is able— (a) to dispose of, or to exercise control over the disposal of, the shares; or (b) if the shares are voting shares—to exercise, or to control the exercise of, a voting power attached to the shares. debenture see the Corporations Act, section 9. holding company , for a corporation, see the Corporations Act, section 9. nominee corporation means a corporation whose principal business is holding marketable securities as a trustee or nominee. relevant person means any of the following persons— (a) a councillor; (b) a chief executive officer; (c) a senior contract employee; (d) a person who is related to a councillor, chief executive officer or senior contract employee. securities see the Corporations Act, section 9. subsidiary , for a corporation, see the Corporations Act, section 9. Page 96 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Schedule 4 2 Controlling interest in corporation The particulars required for each corporation in which a relevant person is a shareholder or has a controlling interest in shares are— (a) the corporation’s name; and (b) if the shareholding or interest is a controlling interest in the corporation—details of the shareholdings of the corporation in any other corporation; and (c) if the shareholding or interest is held in a proprietary company that is the holding company of another corporation— (i) details of the holding company’s investments; and (ii) the name of any corporation that is a subsidiary of the holding company; and (iii) the name of any corporation that is a subsidiary of any corporation that is the holding company’s subsidiary; and (iv) if the relevant person is a councillor or a person related to a councillor—the investments or other interests in property held by the subsidiaries; and (d) if the relevant person is a councillor, or a person related to a councillor, and the shareholding or interest is held in a proprietary company—the investments or other interests in property, other than those mentioned in paragraph (c)(iv), held by the company. 3 Officer of corporation The particulars required for each corporation of which a relevant person is an officer are— (a) the corporation’s name; and (b) the nature of the office held; and (c) the nature of the corporation’s activities. Reprint 2H effective 23 November 2012 Page 97

Local Government (Operations) Regulation 2010 Schedule 4 4 Beneficial interest in trust or nominee corporation The particulars required for each family or business trust or nominee corporation in which a relevant person holds a beneficial interest are— (a) the name of, or a description sufficient to identify, the trust, or the corporation’s name; and (b) the nature of the activities of the trust or corporation; and (c) the nature of the interest. 4A Self managed superannuation fund (1) This section applies to each self managed superannuation fund for which a councillor or a person related to a councillor is— (a) a trustee; or (b) if the trustee of the fund is a corporation—a director of the trustee. (2) The particulars required for each self managed superannuation fund are–– (a) the name or a description of the fund; (b) the nature of the activities of the fund; (c) the investments or other interests in property held, of which the councillor or person is aware, by the fund. (3) In this section— director see the Corporations Act, section 9. self managed superannuation fund see the Superannuation Industry (Supervision) Act 1993 (Cwlth), section 10. 5 Trustee for trust The particulars required for each family or business trust of which a relevant person is a trustee are— Page 98 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Schedule 4 (a) the name of, or a description sufficient to identify, the trust; and (b) the nature of the trust’s activities; and (c) the name of each beneficiary of the trust, or, if the trust is a discretionary trust, each class of persons who may benefit under the trust. 6 Partnership and joint venture The particulars required for each partnership or joint venture in which a relevant person has an interest are— (a) the name of, or a description sufficient to identify, the partnership or joint venture; and (b) the nature of the partnership’s or joint venture’s activities; and (c) the nature of the interest. 7 Land The particulars required for all land in which a relevant person has an interest are— (a) the suburb or locality of the land; and (b) the approximate size of the land; and (c) the purpose for which the land is, and is intended to be, used; and (d) the nature of the interest. 8 Liability (1) The particulars required for each liability, other than department store and credit card accounts, of a relevant person, trust or private company are— (a) the nature of the liability; and (b) the name of the creditor. (2) However, subsection (1) does not apply if the debt— Reprint 2H effective 23 November 2012 Page 99

Local Government (Operations) Regulation 2010 Schedule 4 (a) is for an amount of $10000 or less; or (b) arises from the supply of goods or services supplied in the ordinary course of— (i) the relevant person’s business; or (ii) the business of the trust or private company. (3) In this section— private company means a proprietary company in which a relevant person holds securities. trust means a trust of which a relevant person is a beneficiary. 9 Debentures and similar investments The particulars required for each debenture or similar investment held by a relevant person are— (a) the nature of the investment; and (b) the name of the corporation in which the investment is made; and (c) the nature of the business of the corporation. 10 Savings and investment accounts The particulars required for each savings or investment account of a relevant person held with a financial institution are— (a) the nature of the account; and (b) the name of the institution. 11 Gifts totalling more than $500 (1) The particulars required for each gift, or all gifts totalling, more than $500 in amount or value given to a relevant person by another person (a donor ) are— (a) the donor’s name; and (b) the amount or value of each gift. Page 100 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Schedule 4 (2) Subsection (1) does not apply to a gift from a donor who is— (a) a person who is related to the relevant person; or (b) someone else who is related by blood or marriage to the relevant person; or (c) the relevant person’s friend. (3) However, the relevant person must be satisfied there can not be the perception of a conflict of interest, financial or otherwise, relating to the gift that could conflict with a duty the person has under the Act. (4) A gift is— (a) the transfer of money, other property or other benefit— (i) without consideration; or (ii) for a consideration substantially less than full consideration; or (b) a loan of money or other property made on a permanent or indefinite basis, other than an overdraft facility. 12 Sponsored hospitality benefit (1) The particulars required for each sponsored hospitality benefit received by a relevant person are— (a) the source of the contribution for the travel or accommodation; and (b) the purpose of the benefit. (2) A person receives a sponsored hospitality benefit if— (a) the person, other than in an official capacity— (i) undertakes travel; or (ii) uses accommodation; and (b) a contribution, whether financial or non-financial, for the cost of the travel or accommodation is made by someone other than the person or their spouse. Reprint 2H effective 23 November 2012 Page 101

Local Government (Operations) Regulation 2010 Schedule 4 13 Membership of political party, body or association, or trade or professional organisation The particulars required for each political party, body or association, or trade or professional organisation of which a relevant person is a member are its name and address. 14 Other assets with value more than $5000 (1) The particulars required for each other asset of a relevant person with a value of more than $5000 are sufficient details of the asset to identify it. (2) This section does not apply to the following— (a) household and personal effects; (b) a motor vehicle used mainly for personal use; (c) superannuation entitlements. 15 Other sources of income more than $500 a year The particulars required for each other source of income more than $500 a year received by the following are sufficient details of the income to identify it— (a) a relevant person; (b) a proprietary company, or trust, in which the relevant person holds securities. 16 Other financial or non-financial interests (1) The particulars required for each other interest of a relevant person are sufficient details of the interest to identify it. (2) In this section— interest , of the relevant person, means a financial or non-financial interest— (a) of which the relevant person is aware; and Page 102 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Schedule 4 (b) that raises, appears to raise, or could raise, a conflict between the relevant person’s duty under the Act and the holder of the interest. Reprint 2H effective 23 November 2012 Page 103

Local Government (Operations) Regulation 2010 Schedule 5 Schedule 5 Prescribed local government entities section 115 Burdekin Cultural Complex Board Inc. Central Queensland Local Government Association Inc. Central SEQ Distributor-Retailer Authority Central Western Queensland Remote Area Planning and Development Board Empire Theatres Pty Ltd ACN 086 482 288 Gladstone Airport Corporation ABN 27 300 231 899 Gold Coast Arts Centre Pty Ltd ACN 850 607 874 66 Herbert River Improvement Trust Local Buy Pty Ltd ACN 090 446 487 Local Government Association of Queensland Ltd. ABN 11 010 883 293 Northern SEQ Distributor-Retailer Authority Queensland Water Directorate Southern SEQ Distributor-Retailer Authority Sunshine Coast Events Centre Pty Ltd ACN 127 655 510 Wide Bay Water Corporation Page 104 Reprint 2H effective 23 November 2012

Schedule 6 Local Government (Operations) Regulation 2010 Schedule 6 Prescribed members of the LG super scheme Section 116 1 a person who was a member of City Super immediately before the scheme merged with the LG super scheme 2 a person who is an employee of the following— (a) Resolute Information Technology; or (b) the Local Government Managers Australia (QLD) Inc. 3 a person who— (a) is an employee of South East Queensland Water Corporation Limited ACN 088 729 766; and (b) was, immediately before 17 March 2000, an employee of the South East Queensland Water Board established under the repealed South East Queensland Water Board Act 1979 ; and (c) was a member of the LG super scheme 4 a person— (a) who was a member of the LG super scheme or of a type mentioned in item 2 or 3; and (b) who has stopped being a member or person of that type; and (c) whose benefit under the LG super scheme or related persons scheme has not been fully paid out, withdrawn or transferred from the scheme 5 a person who is an employee of an entity that is wholly or partly owned by the Brisbane City Council 6 a person who is an employee of an entity that is controlled by the Brisbane City Council 7 a person who is an employee of an entity with which the Brisbane City Council contracts for services Reprint 2H effective 23 November 2012 Page 105

Local Government (Operations) Regulation 2010 Schedule 6 8 a person who is an employee of an entity that is an ‘Associated Employer’ under the trust deed 9 a person who was transferred to an entity established under the South East Queensland Water (Restructuring) Act 2007 , section 6(1)(a) to (c), under a transfer notice under that Act 10 a person who was transferred to a distributor-retailer within the meaning of the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, under a transition document under that Act Page 106 Reprint 2H effective 23 November 2012

Schedule 7 Local Government (Operations) Regulation 2010 Schedule 7 Dictionary section 3 2012 quadrennial elections means the quadrennial elections for 2012 under the Local Government Electoral Act 2011. accrued right to long service leave , for chapter 5, part 3, division 4, see section 99(2). appeal board see section 82(1). area map means a map showing the boundaries of a local government area. BCC permanent employee means an employee whose employment with Brisbane City Council is subject to an industrial instrument and who is, under the trust deed, a permanent employee of the Brisbane City Council. board member see section 82(2). City Super means the Brisbane City Council Superannuation Plan established as the Brisbane City Council Occupational Superannuation Plan under a deed of trust dated 24 January 1989. current local government , for schedule 3, part 2, see schedule 3, part 2, section 1. EEO management plan , for chapter 6, part 6, see section 121(2). employment matters , for chapter 6, part 6, see section 121(4). expenses reimbursement policy see section 44(2). foreshore means land between the high-water mark and low-water mark during ordinary spring tides. former employer , for chapter 5, part 3, division 4, see section 99(3)(b). former employment , for chapter 5, part 3, division 4, see section 99(3)(b). Reprint 2H effective 23 November 2012 Page 107

Local Government (Operations) Regulation 2010 Schedule 7 Page 108 former local government , for schedule 3, part 2, see schedule 3, part 2, section 1. meeting , for chapter 5, part 2, division 3, see section 68(2). new employer , for chapter 5, part 3, division 4, see section 99(3)(a). new employment , for chapter 5, part 3, division 4, see section 99(3)(a). related see section 104(2). relevant area , for schedule 3, part 2, see schedule 3, part 2, section 1. remuneration schedule see section 42(2). salary , of an employee, means the employee’s salary under the trust deed. senior contract employee is a local government employee who is employed— (a) on a contractual basis; and (b) in a position that reports directly to the chief executive officer. special permanent employee means a permanent employee who, immediately before 1 July 1995, was required to make superannuation contributions under the repealed Local Government Superannuation Act 1985 at the rate of 5% of the employee’s salary. standard permanent employee means a permanent employee who— (a) immediately before 1 July 1995, was required to make superannuation contributions under the repealed Local Government Superannuation Act 1985 at the rate of 6% of the employee’s salary; or (b) immediately before the repeal of the Local Government (Community Government Areas) Act 2004 , was a permanent employee of a community government under that Act; or (c) started employment on or after 1 July 1995. Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Schedule 7 target groups , for chapter 6, part 6, see section 121(3). teleconferencing see section 73(1). transfer day , for schedule 3, part 2, see schedule 3, part 2, section 1. unlawful discrimination , for chapter 6, part 6, see section 121(5). Reprint 2H effective 23 November 2012 Page 109

Local Government (Operations) Regulation 2010 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .113 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 23 November 2012. Future amendments of the Local Government (Operations) Regulation 2010 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Page 110 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Endnotes 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 1C 1D 1E 1F 1G 1H 2 2A 2B 2C 2D 2E 2F 2G 2H Amendments included none 2010 SL No. 251 2010 SL No. 277 2011 SL No. 39 2011 SL No. 91 2011 SL No. 186 2011 SL No. 191 2011 SL No. 207 2011 SL No. 215 2011 SL No. 251 2011 SL No. 268 2011 SL No. 270 2011 SL No. 267 2012 SL No. 9 2012 SL No. 43 — 2012 SL No. 68 2012 SL No. 154 2012 SL No. 212 Effective 1 July 2010 17 September 2010 8 October 2010 15 April 2011 1 July 2011 23 September 2011 30 September 2011 21 October 2011 4 November 2011 2 December 2011 9 December 2011 1 January 2012 27 January 2012 17 February 2012 29 April 2012 8 June 2012 7 September 2012 23 November 2012 Notes prov exp 28 April 2012 5 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Local Government (Operations) Regulation 2010 SL No. 125 made by the Governor in Council on 17 June 2010 notfd gaz 18 June 2010 pp 529–35 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2010 (see s 2) exp 1 September 2020 (see SIA s 54) Reprint 2H effective 23 November 2012 Page 111

Local Government (Operations) Regulation 2010 Endnotes Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Local Government (Operations) Amendment Regulation (No. 1) 2010 SL No. 251 notfd gaz 17 September 2010 pp 159–60 commenced on date of notification Local Government Legislation Amendment Regulation (No. 2) 2010 SL No. 277 pts 1, 5 notfd gaz 8 October 2010 pp 378–9 commenced on date of notification Local Government (Operations) Amendment Regulation (No. 1) 2011 SL No. 39 notfd gaz 15 April 2011 pp 624–6 ss 1–2 commenced on date of notification remaining provisions commenced 15 April 2011 (see s 2) Local Government (Operations) Amendment Regulation (No. 2) 2011 SL No. 91 notfd gaz 17 June 2011 pp 430–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2011 (see s 2) Local Government (Operations) Amendment Regulation (No. 3) 2011 SL No. 186 notfd gaz 23 September 2011 pp 192–3 commenced on date of notification Local Government (Operations) Amendment Regulation (No. 4) 2011 SL No. 191 notfd gaz 30 September 2011 pp 238–40 commenced on date of notification Local Government (Operations) Amendment Regulation (No. 5) 2011 SL No. 207 notfd gaz 21 October 2011 pp 365–6 commenced on date of notification Local Government (Operations) Amendment Regulation (No. 6) 2011 SL No. 215 notfd gaz 4 November 2011 pp 438–9 commenced on date of notification Local Government (Operations) Amendment Regulation (No. 7) 2011 SL No. 251 notfd gaz 2 December 2011 pp 658–9 commenced on date of notification Local Government Legislation Amendment Regulation (No. 1) 2011 SL No. 267 pts 1, 3 notfd gaz 9 December 2011 pp 729–35 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2012 (see s 2) Local Government (Operations) Amendment Regulation (No. 8) 2011 SL No. 268 notfd gaz 9 December 2011 pp 729–35 commenced on date of notification Page 112 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Endnotes Local Government (Operations) Amendment Regulation (No. 9) 2011 SL No. 270 notfd gaz 9 December 2011 pp 729–35 commenced on date of notification Local Government (Operations) Amendment Regulation (No. 1) 2012 SL No. 9 notfd gaz 27 January 2012 pp 139–40 commenced on date of notification Local Government Legislation Amendment Regulation (No. 1) 2012 SL No. 43 pts 1, 3 notfd gaz 17 February 2012 pp 340–3 commenced on date of notification Local Government Legislation Amendment Regulation (No. 2) 2012 SL No. 68 pts 1, 3 notfd gaz 8 June 2012 pp 276–7 commenced on date of notification Local Government (Operations) Amendment Regulation (No. 2) 2012 SL No. 154 notfd gaz 7 September 2012 pp 17–18 commenced on date of notification Local Government (Operations) Amendment Regulation (No. 3) 2012 SL No. 212 notfd gaz 23 November 2012 pp 391–2 commenced on date of notification 6 List of annotations Definitions s 3 amd 2011 SL No. 39 s 4 CHAPTER 2—LOCAL GOVERNMENTS Division 3—Implementing particular local government changes div 3 (ss 14A–14B) ins 2011 SL No. 39 s 5 CHAPTER 3—THE BUSINESS OF LOCAL GOVERNMENTS PART 1—LOCAL LAWS Anti-competitive provisions s 17 amd 2012 SL No. 68 s 7 Procedures for the review of anti-competitive provisions—Act, s 38 s 18 amd 2012 SL No. 68 s 8 PART 3—LEVY ON KURANDA RAIL LINE pt hdg exp 30 June 2021 (see s 35) Definitions for pt 3 s 30 def “Kuranda rail operator” sub 2011 SL No. 39 s 6 exp 30 June 2021 (see s 35) Imposition of levy s 31 exp 30 June 2021 (see s 35) Reprint 2H effective 23 November 2012 Page 113

Local Government (Operations) Regulation 2010 Endnotes Payment of levy s 32 exp 30 June 2021 (see s 35) Obligation to give annual statements s 33 exp 30 June 2021 (see s 35) How levy is to be applied s 34 exp 30 June 2021 (see s 35) Expiry s 35 exp 30 June 2021 (see s 35) Councillors and local government jobs—Act, s 167 s 49 exp 28 April 2012 on the day of the quadrennial elections for 2012 (see s 49(3)) Broadcasting and recording ordinary meetings of relevant local governments s 59A ins 2012 SL No. 43 s 5 om 2012 SL No. 68 s 9 Public notice of meetings s 74 amd 2010 SL No. 277 s 23 Contents of registers of interests s 106 amd 2011 SL No. 39 s 7 sub 2011 SL No. 267 s 10 Access to particular registers of interests prov hdg amd 2011 SL No. 267 s 11(1) s 109 amd 2011 SL No. 267 s 11(2)–(3) Publication of register of interests of councillors s 110 sub 2011 SL No. 267 s 12 Queries on contents of register of interests s 111 amd 2012 SL No. 68 s 10 Local government entities—Act, s 216A prov hdg amd 2011 SL No. 91 s 4(1) s 115 amd 2011 SL No. 39 s 8; 2011 SL No. 91 s 4(2) Persons eligible for membership of the scheme—Act, s 218 s 116 amd 2011 SL No. 39 s 9; 2011 SL No. 91 s 5 Prescribed amount of yearly contributions—Act, s 220 s 116A ins 2011 SL No. 91 s 6 Prescribed amount of yearly contributions—Act, s 220A s 116B ins 2011 SL No. 91 s 6 CHAPTER 7—TRANSITIONAL PROVISION ELECTIONS ch hdg prev ch 7 hdg om R1 (see RA s 7(1)(k)) pres ch 7 hdg ins 2011 SL No. 215 s 3 sub 2011 SL No. 251 s 3 FOR 2012 QUADRENNIAL Page 114 Reprint 2H effective 23 November 2012

Local Government (Operations) Regulation 2010 Endnotes PART 1—AMENDMENT OF LOCAL GOVERNMENT REFORM IMPLEMENTATION (TRANSFERRING AREAS) REGULATION 2007 pt hdg om R1 (see RA s 7(1)(k)) Local government changes affecting the 2012 quadrennial elections s 132 prev s 132 om R1 (see RA s 40) pres s 132 ins 2011 SL No. 215 s 3 sub 2011 SL No. 251 s 3 Amendment of s 20 (Local laws for transferring area) s 133 om R1 (see RA s 40) PART 2—AMENDMENT OF LOCAL GOVERNMENT IMPLEMENTATION REGULATION 2008 pt 2 (ss 134–135) om R1 (see RA ss 7(1)(k) and 40) REFORM SCHEDULE 1—PRESCRIBED INFORMATION ABOUT LOCAL GOVERNMENTS amd 2010 SL No. 251 s 3; 2011 SL No. 39 s 10; 2011 SL No. 186 s 3; 2011 SL No. 191 s 3; 2011 SL No. 207 s 3; 2011 SL No. 215 s 4 sub 2011 SL No. 251 s 4 amd 2011 SL No. 268 s 3; 2012 SL No. 9 s 3; 2012 SL No. 154 s 3; 2012 SL No. 212 s 3 SCHEDULE 1A—PRESCRIBED INFORMATION ABOUT LOCAL GOVERNMENTS AFFECTING THE 2012 QUADRENNIAL ELECTIONS ins 2011 SL No. 251 s 5 amd 2011 SL No. 270 s 3; 2012 SL No. 9 s 4 SCHEDULE 3—IMPLEMENTING LOCAL GOVERNMENT CHANGES RELATING TO CHANGES OF THE BOUNDARIES OF LOCAL GOVERNMENT AREAS sch 3 ins 2011 SL No. 39 s 12 PART 1—IMPLEMENTATION pt hdg ins 2011 SL No. 39 s 12 Change in external boundaries of the Fraser Coast and Gympie regions s 1 ins 2011 SL No. 39 s 12 amd 2012 SL No. 9 s 5(1) Change in external boundaries of the Barcaldine and Blackall-Tambo regions s 2 ins 2011 SL No. 191 s 4 Change in external boundaries of Cairns and Wujal Wujal areas s 3 ins 2011 SL No. 268 s 4 Change in external boundaries of the Gold Coast and Logan city council areas s 4 ins 2012 SL No. 9 s 5(2) Change in external boundaries of the Ipswich and Somerset areas s 5 ins 2012 SL No. 154 s 4 Reprint 2H effective 23 November 2012 Page 115

Local Government (Operations) Regulation 2010 Endnotes Change in external boundaries of Moreton Bay and Sunshine Coast areas s 6 ins 2012 SL No. 212 s 4 PART 2—FACILITATION OF IMPLEMENTATION pt 2 (ss 1–7) ins 2011 SL No. 39 s 12 SCHEDULE 4—FINANCIAL AND NON-FINANCIAL PARTICULARS FOR REGISTERS OF INTERESTS sch 4 (prev sch 3) renum 2011 SL No. 39 s 11 Controlling interest in corporation s 2 amd 2011 SL No. 267 s 13(1)–(2) Self managed superannuation fund s 4A ins 2011 SL No. 267 s 13(3) Gifts totalling more than $500 s 11 amd 2011 SL No. 267 s 13(4) Sponsored hospitality benefit s 12 amd 2011 SL No. 267 s 13(5) SCHEDULE 5—PRESCRIBED LOCAL GOVERNMENT ENTITIES sch 5 (prev sch 4) renum 2011 SL No. 39 s 11 amd 2011 SL No. 91 s 7; 2012 SL No. 154 s 5 SCHEDULE 6—PRESCRIBED MEMBERS OF THE LG SUPER SCHEME sch 6 (prev sch 5) renum 2011 SL No. 39 s 11 amd 2011 SL No. 91 s 8 SCHEDULE 7—DICTIONARY sch 7 (prev sch 6) renum 2011 SL No. 39 s 11 def “2012 quadrennial elections” ins 2011 SL No. 251 s 6 def “BCC permanent employee” ins 2011 SL No. 91 s 9 def “City Super” ins 2011 SL No. 91 s 9 def “current local government” ins 2011 SL No. 39 s 13 def “former local government” ins 2011 SL No. 39 s 13 def “gift” om 2011 SL No. 267 s 14 def “relevant area” ins 2011 SL No. 39 s 13 def “salary” ins 2011 SL No. 91 s 9 def “special permanent employee” ins 2011 SL No. 91 s 9 def “sponsored hospitality benefit” om 2011 SL No. 267 s 14 def “standard permanent employee” ins 2011 SL No. 91 s 9 def “transfer day” ins 2011 SL No. 39 s 13 © State of Queensland 2012 Page 116 Reprint 2H effective 23 November 2012

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