Performance improvement criteria: the Act, section 438B
413D Performance improvement criteria: the Act, section 438B
The following are criteria to be considered by the Minister before issuing a performance improvement order—
whether the council concerned has failed to comply with its legislative responsibilities, standards or guidelines,
whether there are significant risks facing the council that are not being addressed,
whether previous intervention attempts have failed,
whether council business is being disrupted and the council failing to exercise its functions,
whether there is a pattern of poor or inappropriate behaviour, either by one or more councillors or members of staff of the council, that has not been rectified,
any other matter that, in the opinion of the Minister, is relevant to the issuing of the order.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.