Recording of reasons for particular decisions
254H Recording of reasons for particular decisions
This section applies if a decision made at a local government meeting is inconsistent with a recommendation or advice given to the local government by an advisor of the local government and either or both of the following apply to the decision—
the decision is about entering into a contract the total value of which is more than the greater of the following—
$200,000 exclusive of GST;
1% of the local government’s net rate and utility charges as stated in the local government’s audited financial statements included in the local government’s most recently adopted annual report;
the decision is inconsistent with a policy of the local government, or the approach ordinarily followed by the local government for the type of decision.
Examples of decisions to which this section might apply—
• the grant of a licence, permit or approval, however named, under an Act or local law
• the grant of a concession, rebate or waiver in relation to an amount owed to the local government
• the disposal of land or a non-current asset
The chief executive officer must ensure the minutes of the local government meeting include a statement of the reasons for not adopting the recommendation or advice.
In this section—
advisor, of a local government, means a person—
who is an employee of the local government or is otherwise engaged to provide services to the local government; and
whose duties include giving a recommendation or advice.
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