Commissioner for Kangaroo Island Act 2014

This Act may be cited as the Commissioner for Kangaroo Island

Act 2014.

In this Act, unless the contrary intention appears—

Commissioner means the person for the time being holding or acting in the office of Commissioner for Kangaroo Island under

Part 2;

council means a council established under the

Local Government

Act 1999;

government agency means—

a State authority; or

an agency or instrumentality of the Crown in right of the

Commonwealth;

management plan means a management plan in force under Part 4;

responsible Minister in relation to a State authority means—

if the authority is a person who holds an office established by an

Act or a body established by or under an Act—the Minister responsible for the administration of that Act; or

if the authority is an administrative unit—the Minister responsible for that administrative unit; or

if the authority is an assessment panel appointed or constituted under Part 6 Division 2 of the Planning, Development and Infrastructure

Act 2016—the Minister responsible for the administration of that Act; or

in any other case—the Minister declared by the regulations to be the responsible Minister for the authority or, in the absence of such a declaration, the Minister responsible for the administration of this

Act;

State authority means—

a person who holds an office established by an Act;

or

an administrative unit; or

a council; or

an assessment panel appointed or constituted under Part 6

Division 2 of the Planning,

Development and Infrastructure Act 2016;

or

any incorporated or unincorporated body—

established for a public purpose by an Act; or

established for a public purpose under an Act (other than an Act providing for the incorporation of companies or associations, co‑operatives, societies or other voluntary organisations);

or

established or subject to control or direction by the Governor, a

Minister of the Crown or any instrumentality or agency of the Crown or a council (whether or not established by or under an Act or an enactment);

or

a person or body declared by the regulations to be an authority to which this Act applies, but does not include a body or entity excluded from the ambit of this definition by the regulations.

Except where the contrary intention is expressed in this or any other Act, this Act is in addition to and does not limit or derogate from the provisions of any other Act.

This Act binds the Crown in right of this State and also, so far as the legislative power of the State extends, the Crown in all its other capacities, but not so as to impose any criminal liability on the

Crown.

There will be a Commissioner for Kangaroo

Island.

The Commissioner will be appointed by the Governor and is an agency of the Crown.

The Minister must undertake consultation (in such manner as the

Minister thinks fit) with the Kangaroo Island Council and the people of

Kangaroo Island in relation to any proposed appointment under this section.

The person appointed as Commissioner—

should have experience in the commercial sector and a detailed understanding of the system of government in the State (including the respective roles of State and local government) and any strategies, plans or objectives for Kangaroo Island adopted by the State Government or the Kangaroo

Island Council; and

may be a Public Service employee.

The Commissioner will be appointed for a term not exceeding

5 years and on conditions determined by the Governor and, at the end of a term of appointment, will be eligible for reappointment.

The appointment of the Commissioner may be terminated by the

Governor on the ground that the Commissioner—

has been guilty of misconduct; or

has been convicted of an offence punishable by imprisonment;

or

has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or

has been disqualified from managing corporations under

Chapter 2D Part 2D.6 of the Corporations Act 2001 of the

Commonwealth; or

has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily; or

is incompetent or has neglected the duties of the position.

The appointment of the Commissioner is terminated if the

Commissioner—

becomes a member, or a candidate for election as a member, of the

Parliament of a State or the Commonwealth or a Legislative Assembly of a

Territory of the Commonwealth; or

is sentenced to imprisonment for an offence.

The Commissioner may resign by notice in writing to the Minister of not less than 3 months (or such shorter period as is accepted by the

Minister).

The functions of the Commissioner are—

to improve the management, co‑ordination and delivery of infrastructure and services provided by government agencies on Kangaroo

Island;

to provide appropriate assistance to residents and businesses on

Kangaroo Island in dealing with government agencies (with a view to ensuring co‑ordinated delivery of infrastructure and services to such residents and businesses);

to assist with improving the local economy on Kangaroo Island;

[Note: NoteThis may include, for example, assisting with the marketing of the

Island or products from the Island and helping to create employment and other opportunities from tourism or other industry development programs on the

Island.]

to prepare, and keep under review, management plans in accordance with the provisions of Part 4 (and consistently with the functions of the Commissioner referred to in paragraphs (a) and (c));

any other functions conferred on the Commissioner by or under this or any other Act or by the Minister.

The Commissioner may, by written notice served personally or by post, require a State authority to give the Commissioner, within a reasonable time specified in the notice, information in its possession that the

Commissioner requires for the performance of the Commissioner's functions under this Act.

A State authority must not enter into a contract of a prescribed kind unless the State authority has provided a copy of the contract to the

Commissioner and allowed the Commissioner not less than 5 business days to comment on the proposed contract.

If a State authority (other than a council) refuses or fails to comply with a notice under subsection (1) or with the requirements of subsection (2), the Commissioner may, after consultation with the State authority—

report the refusal or failure to the responsible Minister and to the Premier; and

include details of the refusal or failure in the annual report of the Commissioner under section 19.

If a council refuses or fails to comply with a notice under subsection (1) or with the requirements of subsection (2)—

the Commissioner may, after consultation with the council, report the refusal or failure to the Minister responsible for the administration of the Local Government

Act 1999; and

that Minister may, on the basis of the refusal or failure, take action under section 272 of that Act.

Information obtained by the Commissioner in the exercise of powers or functions under this section must not be disclosed except—

for the purpose of a report under this Act or as is otherwise reasonably required for the proper exercise of the Commissioner's functions under this Act; or

as may be authorised by the State authority; or

as required under any other Act or law.

The Commissioner, and all other persons appointed or engaged (or formerly appointed or engaged) to exercise powers and functions under this Act, must not disclose any information referred to in subsection (5) contrary to the provisions of that subsection. Maximum penalty: Maximum penalty: $10 000.

Subject to this section, the Minister may give directions to the

Commissioner.

The Minister must consult with the Commissioner before giving a direction.

A Ministerial direction to the Commissioner—

must be communicated to the Commissioner in writing;

and

must be included in the annual report of the Commissioner under section 19.

The Minister may appoint a person (who may be a Public Service employee) to act as the Commissioner during any period for which—

no person is for the time being appointed as the Commissioner;

or

the Commissioner is absent from, or unable to discharge, official duties.

The terms and conditions of appointment of the person appointed to act as the Commissioner will be determined by the

Minister.

The Commissioner and any other person appointed to act as the

Commissioner are senior officials for the purposes of the

Public Sector (Honesty and Accountability)

Act 1995.

The Commissioner may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit.