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Contents (1993 - 30)
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Local Government Act 1993 No 30
Current version for 25 June 2019 to date (accessed 19 August 2019 at 18:04)
Chapter 7 Part 2 Division 2
Division 2 Procedures to be observed before giving orders
129   Circumstances in which compliance with this Division is required
(1)  Before giving an order, a council must comply with this Division.
(2)  This section does not apply to:
(a)  an order in terms of order No 15 in the Table to section 124, or
(a1)  an order in terms of order No 22A in the Table to section 124 (except to the extent that this section would otherwise require compliance with section 131A), or
(b)  an order given, and expressed to be given, in an emergency.
130   Effect of compliance with this Division
A council that complies with this Division is taken to have observed the rules of natural justice (the rules of procedural fairness).
131   Criteria to be considered before order is given
If the council has adopted criteria in a local policy under Part 3 on which it is to give an order, the council is required to take the criteria into consideration before giving the order.
131A   Orders that make or are likely to make residents homeless
(1)  If an order will or is likely to have the effect of making a resident homeless, the council must consider whether the resident is able to arrange satisfactory alternative accommodation in the locality.
(2)  If the person is not able to arrange satisfactory alternative accommodation in the locality, the council must provide the person with:
(a)  information as to the availability of satisfactory alternative accommodation in the locality, and
(b)  any other assistance that the council considers appropriate.
132   Notice to be given of proposed order
(1)  Before giving an order, a council must give notice to the person to whom the order is proposed to be given of its intention to give the order, the terms of the proposed order and the period proposed to be specified as the period within which the order is to be complied with.
(2)  The council’s notice must also indicate that the person to whom the order is proposed to be given may make representations to the council as to why the order should not be given or as to the terms of or period for compliance with the order.
(3)  The notice may provide that the representations are to be made to the council or a specified committee of the council on a specified meeting date or to a specified councillor or employee of the council on or before a specified date being, in either case, a date that is reasonable in the circumstances of the case.
133   Making of representations
(1)  A person may, in accordance with a notice under section 132, make representations concerning the proposed order.
(2)  For the purpose of making the representations, the person may be represented by an Australian legal practitioner or agent.
134   Hearing and consideration of representations
The council or a specified committee, or the specified councillor or employee of the council, is required to hear and to consider any representations made under section 133.
135   Procedure after hearing and consideration of representations
(1)  After hearing and considering any representations made concerning the proposed order, the council, the committee, or the councillor or employee concerned, may determine:
(a)  to give an order in accordance with the proposed order, or
(b)  to give an order in accordance with modifications made to the proposed order, or
(c)  not to give an order.
(2)  If the determination is to give an order in accordance with modifications made to the proposed order, the council is not required to give notice under this Division of the proposed order as so modified.