Local Government (Elections) Act 1999

A council must, within 6 months of the commencement of this section, prepare and adopt a caretaker policy governing the conduct of the council and its staff during the election period for a general election.

Subject to this section, the caretaker policy must, as a minimum—

prohibit the making of a designated decision; and

prohibit the use of council resources for the advantage of a particular candidate or group of candidates, during the election period.

Nothing in subsection (2)(b) prevents a caretaker policy from allowing the equal use of council resources by all candidates for election.

If a council considers that there are extraordinary circumstances which require the making of a designated decision during the election period, the council may apply in writing to the Minister for an exemption from the application of this section to the designated decision specified in the application.

If the Minister is satisfied that there are extraordinary circumstances, the Minister may grant an exemption from the application of this section to the designated decision specified in the application subject to any conditions or limitations that the

A designated decision made by a council in contravention of this section or the caretaker policy of the council is invalid.

Any person who suffers any loss or damage as a result of acting in good faith on a designated decision made in contravention of this section or a caretaker policy is entitled to compensation from the council for that loss or damage.

In this section—

relating to the employment or remuneration of a chief executive officer, other than a decision to appoint an acting chief executive officer;

to terminate the appointment of a chief executive officer; or

to enter into a contract, arrangement or understanding (other than a prescribed contract) the total value of which exceeds whichever is the greater of $100 000 or 1% of the council's revenue from rates in the preceding financial year, other than a decision of a kind excluded from this definition by regulation;

the day of the close of nominations for the election; or

if a council has specified a day (being a day that falls earlier than the day of the close of nominations) in its caretaker policy—the specified day, and expiring at the conclusion of the election;

road construction or maintenance; or

drainage works.