Council Officers' Code of Conduct & Registers

Code of Conduct for Council Employees (Section 110) – Gifts and Benefits

Pursuant to Section 8A of the Local Government (General) Regulations 2013, for the purposes of Section 110(1) of the Local Government Act 1999, the Code of Conduct for Council Employees as gazetted by the Minister for Planning on 20 February 2014 applies to all Council Employees.

Council employees must comply with the provisions of this code in carrying out their roles and functions as public officers.

Council Employees – Gifts and Benefits Register

For the purposes of Clause 2.21 of the Code of Conduct, where any Council Employee receives a gift or benefit, details of each gift or benefit must be recorded within a gifts and benefits register. The threshold amount governing when a gift or benefit must be registered has been gazetted at $100.

The Council Employees Gifts and Benefits Register is available for inspection (without charge) at the Council Office and a copy is available of Council’s Website.

Council Employees – Register of Remuneration, Salaries and Benefits (Section 105)

Pursuant to Section 105 of the Local Government Act 1999, the council must keep a Register of Salaries, in accordance with principles (if any) prescribed by the regulations:

  1. the title of each position held by an employee of the council; and
  2. in relation to those positions held by employees who are paid according to salary scales set out in an award or industrial agreement –
    1. the classifications of the employees who hold those positions; and
    2. the salary scales applicable to each classification (indicated in relation to each scale the number of employees who are paid according to that scale); and
    3. details of other allowances or benefits paid or payable to, or provided for the benefit of, any of those employees as part of a salary package; and
  3. in relation to each position held by an employee who is not paid according to a salary scale set in an award or industrial agreement referred to above –
    1. the salary payable to the employee who holds that positions; and
    2. details of other allowances and benefits paid or payable to, or provided for the benefit of, the employee as part of a remuneration package.

The Register of Salaries can be inspected (without charge) at the Council Office and an extract can be obtained on payment of a fee fixed by Council.

Council Officers Register of Interest (Section 116)

Section 116 of the Local Government Act 1999 applies to the Chief Executive Officer and any other officer of a class, declared by Council to be subject to the operation of this Division. Council resolved at its meeting held on 26 September 2011, that this Division also applies to:

  1. all officers authorised to sign purchase orders; and
  2. Development Services Officers including Planning Officers, Building Officers and Health Officers who have sub-delegated powers under the Development Act 1993.

Pursuant to Section 118 of the Local Government Act 1999, the Chief Executive Officer must, at the request of a member of the Council, permit the member to inspect the Register.

Pursuant to Section 119(1) at the Act, a person must not disclose to any other person any information furnished pursuant to this Division unless the disclosure –

  1. is necessary for the purposes of the preparation or use of the Register by the Chief Executive Officer; or
  2. is made at a meeting of the council, a council committee or a subsidiary of the council.

Despite any other provisions of this Act –

  1. The public must be excluded from attendance at any part of a meeting of the Council, a Council Committee or a Subsidiary of the Council where information is disclosed under Subsection (1)(b); and
  2. any part of the minutes of a meeting of the Council, a Council committee or a Subsidiary of the Council which contains information disclosed under subsection (1)(b) is not available for public inspection under this Act.

Council Officers – Conflict of Interest (Section 120)

Pursuant to Section 120(1) of the Local Government Act 1999 provides that the Chief Executive Officer of a Council who has an interest in a matter in relation to which he or she is required to authorised to act in the course of official duties –

  1. must disclose the interest to the Council; and
  2. must not, unless the Council otherwise determines during a Council

Section 120(2) of the Local Government Act 1999 further provides that an employee of a Council (other than the CEO) who has an interest in a matter in relation to which he or she is required or authorised to act in the course of official duties –

  1. must disclose the interest to the Chief Executive Officer; and
  2. must not, unless the CEO otherwise determines, act in relation to the matter.

Section 120(4) of the Local Government Act 1999 provides that if an employee is entitled to act in relation to a matter by virtue of Subsection (2)(b) and the employee is providing advice or making recommendations to the Council or a Council Committee on the matter, the employee must also disclose the relevant interest to the Council or Council Committee.

This is a printer friendly version of the following web page:-
https://www.portaugusta.sa.gov.au/page.aspx?u=1404