Governance controller
317A Governance controller
This section applies in relation to a local government body if:
(a) an order under section 19B(2) or 19C(1) is in force in relation to the body; and
the CEO of the Agency considers the body is not:
performing its governance responsibilities appropriately; or
complying with this Act.
(2) The CEO of the Agency may, by Gazette notice, appoint a governance controller for the local government body.
(3) A governance controller for a local government body has the following functions:
(a) reviewing, monitoring and evaluating the governance procedures and practices of the body;
ensuring the body complies with laws applicable to it;
advising the body in relation to:
its governance responsibilities; and
(ii) the effectiveness of its governance procedures and practices; and
(iii) any improvements it should make to its governance procedures and practices;
giving directions to the body in relation to:
the body's governance procedures and practices; and
the carrying out of the body's governance responsibilities.
(4) A governance controller has the powers necessary to perform the governance controller's functions.
The local government body must:
cooperate fully with the governance controller; and
(b) comply with a lawful direction given by the governance controller.
(6) If a governance controller is appointed for a local government body, the body must obtain the governance controller's authorisation before:
(a) implementing any significant changes in governance procedures or practices; or
obtaining any quotations or tenders; or
entering into, varying or terminating any contract.
(7) A governance controller for a local government body must inform the CEO of the Agency if the governance controller believes on reasonable grounds that:
(a) there are serious deficiencies in the body's governance procedures or practices; or
(b) circumstances warranting the appointment of a financial controller may exist; or
(c) the body has not complied with a direction given by the governance controller; or
(d) the body has taken an action mentioned in subsection (6) without the governance controller's authorisation.
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