City of Brisbane Act 2010

This Act may be cited as the City of Brisbane Act 2010.

This Act, other than the following, commences on 1 July 2010—

section 344;

schedule 1, amendments of this Act.

Schedule 1, amendments of this Act, commences on 2 July 2010.

The purpose of this Act is to provide for—

the way in which the Brisbane City Council is constituted and the unique nature and extent of its responsibilities and powers; and

a system of local government in Brisbane that is accountable, effective, efficient and sustainable.

Compared to other local governments in Queensland, the council is unique in its nature and the extent of its responsibilities and powers for the following reasons—

Brisbane is the capital city of Queensland;

the council is the largest provider of local government services in Queensland;

there are 26 councillors (other than the mayor) who each represent the interests of the residents of a ward;

the mayor has unique responsibilities as the mayor of a capital city;

the council has an Establishment and Coordination Committee that coordinates its business;

the chairperson of the council presides at all of its meetings and is responsible for ensuring the council’s procedures for the conduct of its meetings are observed and enforced.

To ensure the system of local government in Brisbane is accountable, effective, efficient and sustainable, Parliament requires—

anyone who is performing a responsibility under this Act to do so in accordance with the local government principles; and

any action that is taken under this Act to be taken in a way that—

is consistent with the local government principles; and

provides results that are consistent with the local government principles, in as far as the results are within the control of the person who is taking the action.

The local government principles are—

transparent and effective processes, and decision-making in the public interest; and

sustainable development and management of assets and infrastructure, and delivery of effective services; and

democratic representation, social inclusion and meaningful community engagement; and

good governance of, and by, local government; and

ethical and legal behaviour of councillors, council employees and councillor advisors.

Although the Brisbane City Council is a local government, this Act, rather than the Local Government Act, provides for—

the way in which the Brisbane City Council is constituted and the nature and extent of its responsibilities and powers; and

a system of local government in Brisbane.

Generally, the Local Government Act does not apply to the Brisbane City Council or its councillors, employees, agents or contractors.

However, particular provisions of the Local Government Act apply, or may apply, to the Brisbane City Council as a local government.

Examples—

1 The Local Government Act, chapter 7, part 2 applies to the council as a local government for the purpose of superannuation for certain persons who are connected to the council.

2 The Local Government Act, chapter 2A would apply to the council if the council were a component local government for a joint local government.

3 The Local Government Act, chapter 5, part 1 applies to the council as a local government for the purpose of providing for powers of the State to monitor and evaluate the council and its councillors and to take remedial action, including suspending or dismissing a councillor or dissolving the council.

4 The Local Government Act, chapter 5A applies to the council as a local government for the purpose of dealing with the conduct of councillors, including at a meeting of the council or its committees.

5 The Local Government Act, chapter 6, part 7 applies to the council as a local government if an interim administrator is appointed to act in place of its councillors under the Local Government Act, chapter 5, part 1.

The dictionary in schedule 2 defines particular words used in this Act.

The area of Brisbane continues to be a city under the name ‘City of Brisbane’.

The boundaries of Brisbane are the boundaries of the city immediately before 1 July 2010 and as subsequently varied under this Act.

Brisbane is the capital city of Queensland.

A regulation may describe the boundaries of Brisbane.

This part explains—

what the Brisbane City Council is; and

who constitutes the council; and

the responsibilities and powers of the council, its councillors and its employees.

The Brisbane City Council (the council) is the elected body that is responsible for the good rule and local government of Brisbane.

The council—

is a body corporate with perpetual succession; and

has a common seal; and

may sue and be sued, and otherwise exercise its powers, under the name ‘Brisbane City Council’.

The council has the power to do anything that is necessary or convenient for the good rule and local government of Brisbane.

Note—

Also, see section 242 for more information about powers.

However, the council can only do something that the State can validly do.

When exercising a power, the council may take account of Aboriginal tradition and Island custom.

The council may exercise its powers—

inside Brisbane; or

outside Brisbane (including outside Queensland)—

with the written approval of the Minister; or

as provided under section 12(5).

When the council is exercising a power in a place that is outside Brisbane, the council has the same jurisdiction in the place as if the place were inside Brisbane.

Subsections (7) and (8) apply if the council is a component local government for a joint local government.

Despite subsection (1), the council may not, within the joint local government’s area, exercise a power for which the joint local government has jurisdiction.

However, the council may exercise the power as a delegate of the joint local government.

The council may exercise its powers by cooperating with 1 or more other local, State or Commonwealth government to conduct a joint government activity.

A joint government activity includes providing a service, or operating a facility, that involves the other governments.

The cooperation with another government may take any form, including for example—

entering into an agreement; or

creating a joint local government entity, or joint government entity, to oversee the joint government activity; or

being a component local government for a joint local government.

Note—

For the establishment of joint local governments, see the Local Government Act, chapter 2A.

A joint government activity may be set up for more than 1 purpose.

Example—

Three local governments may create a joint local government entity to manage an aerodrome that services each of their local government areas, and may also enter into an agreement to sell water in bulk to one of the local governments.

The council may exercise a power in another government’s area for the purposes of a joint government activity, in the way agreed by the governments.

However, if the power is to be exercised under a local law, the local law must expressly state that it applies to the other government’s area.

Note—

See section 30 for more information about making local laws.