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Local Government Act 1993 No 30
Current version for 14 May 2020 to date (accessed 26 May 2020 at 23:50)
Part 2 The general manager and other senior staff
334 Appointment of general manager
(1) A council must appoint a person to be its general manager. The person must not be a body corporate.(2) The position of general manager is a senior staff position.
335 Functions of general manager
The general manager of a council has the following functions—(a) to conduct the day-to-day management of the council in accordance with the strategic plans, programs, strategies and policies of the council,(b) to implement, without undue delay, lawful decisions of the council,(c) to advise the mayor and the governing body on the development and implementation of the strategic plans, programs, strategies and policies of the council,(d) to advise the mayor and the governing body on the appropriate form of community consultation on the strategic plans, programs, strategies and policies of the council and other matters related to the council,(e) to prepare, in consultation with the mayor and the governing body, the council’s community strategic plan, community engagement strategy, resourcing strategy, delivery program, operational plan and annual report,(f) to ensure that the mayor and other councillors are given timely information and advice and the administrative and professional support necessary to effectively discharge their functions,(g) to exercise any of the functions of the council that are delegated by the council to the general manager,(h) to appoint staff in accordance with the organisation structure determined under this Chapter and the resources approved by the council,(i) to direct and dismiss staff,(j) to implement the council’s workforce management strategy,(k) any other functions that are conferred or imposed on the general manager by or under this or any other Act.
336 Filling of vacancy in position of general manager
(1) If a vacancy occurs in the position of general manager, the council must immediately appoint a person under section 334 to the vacant position or appoint a person to act in the vacant position.(2) A vacancy occurs in the position of general manager if the general manager—(a) dies, or(b) completes the term of his or her contract and is not re-appointed, or(c) resigns from the position, or(d) becomes a mentally incapacitated person and is removed from the position by the council because of that mental incapacity, or(e) is sentenced to imprisonment, or(f) is removed from the position for breach of or under the terms of the general manager’s contract with the council.(3) A person may be removed from office under subsection (2)(d) only if, taking into account the person’s past training, qualifications and experience relevant to employment as a general manager, the person’s performance as an employee, and all other relevant factors that it is reasonable to take into account, the person because of his or her mental incapacity—(a) would be unable to carry out the inherent requirements of the position of general manager, or(b) would, in order to carry out those requirements, require services or facilities that are not required by persons who are not mentally incapacitated persons and the provision of which would impose an unjustifiable hardship (within the meaning of the Disability Discrimination Act 1992 of the Commonwealth) on the council.
337 Council to be consulted as to appointment and dismissal of senior staff
The general manager may appoint or dismiss senior staff only after consultation with the council.
338 Nature of contracts for senior staff
(1) The general manager and other senior staff of a council are to be employed under contracts that are performance-based.(2) The term of a contract must not be less than 12 months or more than 5 years (including any option for renewal). A term that is less than 12 months is taken to be for 12 months and a term for more than 5 years is taken to be limited to 5 years.(3) Contracts may be renewed from time to time.(4) The Departmental Chief Executive may, by order in writing, approve one or more standard forms of contract for the employment of the general manager or other senior staff of a council.(5) A standard form of contract approved by the Departmental Chief Executive is not to include provisions relating to the level of remuneration or salary (including employment benefits) of the general manager or other senior staff of a council, performance-based requirements or the duration of the contract.(6) A council is not to employ a person to a position to which one or more standard forms of contract approved for the time being under this section applies or apply except under such a standard form of contract.(7) The council may include in an employment contract for the general manager or another member of the senior staff additional provisions to those contained in the standard form of contract but only if those provisions relate to any of the following—(a) the level of remuneration or salary (including employment benefits) of the person employed under the contract,(b) subject to subsections (1) and (2), performance-based requirements or the duration of the contract.(8) Despite subsection (6), the approval, amendment or substitution of a standard form of contract under this section does not affect any employment contract between a council and the general manager of the council or another member of the senior staff of the council if the employment contract was entered into before the approval, amendment or substitution of the standard form of contract.(9) However, subsection (6) does apply to the renewal of any such employment contract occurring after the standard form of contract is approved, amended or substituted and to all new contracts entered into after the standard form of contract is approved, amended or substituted.
340 Industrial arbitration excluded
(1) In this section, a reference to the employment of the general manager or another senior staff member is a reference to—(a) the appointment of, or failure to appoint, a person to the vacant position of general manager or to another vacant senior staff position, or(b) the removal, retirement, termination of employment or other cessation of office of the general manager or another senior staff member, or(c) the remuneration or conditions of employment of the general manager or another senior staff member.(2) The employment of the general manager or another senior staff member, or any matter, question or dispute relating to any such employment, is not an industrial matter for the purposes of the Industrial Relations Act 1996.(3) Subsection (2) applies whether or not any person has been appointed to the vacant position of general manager or another vacant senior staff position.(4) No award, agreement, contract determination or order made or taken to have been made or continued in force under the Industrial Relations Act 1996, whether made before or after the commencement of this section, has effect in relation to the employment of senior staff members.(5) No proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, lie in respect of the appointment of or failure to appoint a person to the position of general manager or to another senior staff position, the entitlement or non-entitlement of a person to be so appointed or the validity or invalidity of any such appointment.
341 Duty to report bankruptcy
(1) If a person who is a senior staff member becomes bankrupt or makes a composition, arrangement or assignment for the benefit of the person’s creditors, the person must—(a) immediately give notice of the bankruptcy, composition, arrangement or assignment to the general manager, and(b) provide the general manager, within the time specified by the general manager, with any further information concerning the cause of the bankruptcy or of the making of the composition, arrangement or assignment required by the general manager.(2) If the person is the general manager, subsection (1) applies as if references to the general manager were references to the council.