Outback Communities (Administration and Management) Act 2009

This Act may be cited as the Outback Communities (Administration and Management)

Act 2009.

This Act will come into operation on a day to be fixed by proclamation.

In this Act—

Authority means the Outback Communities

Authority established under section 5;

outback means the area of the State outside council areas under the Local Government

Act 1999, excluding any area declared by regulation not to be part of the outback;

rates means the asset sustainability levy and the community contribution—see section 21.

The objects of this Act are—

to provide for efficient and accountable administration and management of outback communities; and

to promote participation of outback communities in their administration and management; and

to raise revenue for public services and facilities in the outback.

The Outback Communities Authority is established.

The Authority is the same body corporate as the Outback Areas

Community Development Trust established under the

Outback Areas Community Development Trust

Act 1978.

The Authority—

has perpetual succession and a common seal; and

is capable of suing and being sued in its corporate name;

and

has all the powers of a natural person that are capable of being exercised by a body corporate.

The Authority is an instrumentality of the Crown and holds its property on behalf of the Crown.

The Authority is subject to the control and direction of the

Minister except in relation to—

the enforcement of this or any other Act; and

the preparation of reports under this or any other

Act.

If a document appears to bear the common seal of the Authority, it will be presumed, in the absence of proof to the contrary, that the document was duly executed by the Authority.

The functions of the Authority are—

to manage the provision of public services and facilities to outback communities; and

to promote improvements in the provision of public services and facilities to outback communities; and

to articulate the views, interests and aspirations of outback communities.

In performing its functions, the Authority is—

primarily to foster and support the provision of public services and facilities to outback communities by community organisations, including by making grants and loans to such organisations; and

to consider long‑term requirements for maintenance, replacement and development of infrastructure for public services and facilities for outback communities; and

to consider State and national objectives and strategies that are relevant to outback communities; and

to seek ongoing collaboration with local, State and national governments in the planning and delivery of public services and facilities to outback communities; and

to ensure that there are systems in place to further its understanding of the views, interests and aspirations of outback communities;

and

to facilitate decision making by others on a basis that is well informed in relation to the views, interests and aspirations of outback communities, including by participating in appropriate local, State and national forums; and

to provide services with a high level of efficiency and effectiveness, manage resources effectively, prudently and in a fully accountable manner and maintain and enhance the value of public assets.

The Authority consists of 7 members appointed by the Governor of whom at least 4 are to be members of different outback communities.

In selecting a member of an outback community for appointment to the Authority, nominations for appointment must be sought by notice in a newspaper circulating generally throughout the outback and on the website of the Authority.

At least 1 member of the Authority must be a woman and 1 a man.

The Governor will appoint 1 of the members to be the presiding member of the Authority.

The Governor may appoint a person to be the deputy of a member of the Authority and the deputy may act as a member of the Authority during any period of absence of the member.

An act or proceeding of the Authority is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.

A member of the Authority will be appointed on conditions determined by the Governor for a term, not exceeding 3 years, specified in the instrument of appointment and will, at the expiration of a term of office, be eligible for reappointment.

The Governor may remove a member of the Authority from office—

for breach of, or non‑compliance with, a condition of appointment; or

for misconduct; or

for failure or incapacity to carry out official duties satisfactorily.

The office of a member of the Authority becomes vacant if the member—

dies; or

completes a term of office and is not reappointed; or

resigns by written notice to the Minister; or

is disqualified from managing corporations under Chapter 2D Part

2D.6 of the Corporations Act

2001 of the Commonwealth; or

is removed from office under subsection (2).

A member of the Authority is entitled to fees, allowances and expenses determined by the Governor.

A member of the Authority will not be taken to have a direct or indirect interest in a matter for the purposes of the

Public Sector (Honesty and Accountability)

Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with members of an outback community or a substantial section of members of an outback community.

A quorum of the Authority consists of 4 members.

In the absence of the presiding member from a meeting of the

Authority a member chosen by those present will preside at the meeting.

A decision carried by a majority of the votes cast by the members at a meeting of the Authority is a decision of the

Authority.

Each member present at a meeting of the Authority has 1 vote on a matter arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote.

A conference by telephone or other electronic means between the members of the Authority will, for the purposes of this section, be taken to be a meeting of the Authority at which the participating members are present if—

notice of the conference is given to all members in the manner determined by the Authority for the purpose; and

each participating member is capable of communicating with every other participating member during the conference.

A proposed resolution of the Authority becomes a valid decision of the Authority despite the fact that it is not voted on at a meeting of the

Authority if—

notice of the proposed resolution is given to all members of the

Authority in accordance with procedures determined by the Authority;

and

a majority of the members express concurrence in the proposed resolution by letter, telegram, telex, fax, e‑mail or other written communication setting out the terms of the resolution.

Notice of a proposed resolution for the submission of a strategic management plan, annual business plan or budget or a variation of a strategic management plan, annual business plan or budget to the Minister must be given to all members of the Authority, together with a copy of the proposed plan, budget or variation, at least 21 days before a vote is to be taken on the resolution.

A meeting of the Authority is to be open to the public unless the

Authority considers it to be necessary and appropriate to close the meeting to the public in order to receive, discuss or consider in confidence any information or matter of the kind that could lead to the closure of a council meeting under the Local Government

Act 1999.

The Authority must have accurate minutes kept of its proceedings and, subject to the exclusion of matters considered in a meeting closed to the public, make them available for inspection free of charge on a website and at its principal place of business during normal office hours.

Subject to this Act, the Authority may determine its own procedures.

The Authority may establish committees to assist it in the performance of its functions.

A committee may consist of or include persons who are not members of the Authority.

Subject to direction by the Authority, a committee may determine its own procedures.

The Public Sector (Honesty and

Accountability) Act 1995 applies to a member of a committee in the same way as to an advisory body member within the meaning of that Act (as if a reference to the relevant Minister were a reference to the

Minister responsible for the administration of this

Act).

The Authority's staff consists of Public Service employees assigned to assist the Authority.