Gawler 2013-14 Annual Report - page 72

Town of GawlerAnnual Report 2013/14
introduction • summary • strategic directions •
statutory information
• index
Requests toReview aCouncil Decision –Section270of theLocal GovernmentAct 1999
Section270—Procedures for review of decisions and requests for services
(a1)Acouncil must develop andmaintain policies, practices and procedures for dealingwith—
(a) any reasonable request for theprovisionof a serviceby the council or for the improvement of a serviceprovided
by the council; or
(b) complaints about the actions of the council, employees of the council, or other persons acting on behalf of the
(a2)Thepolicies, practices and procedures requiredunder subsection (a1)must be directed towards—
(a) dealingwith the relevant requests or complaints in a timely, effective and fair way; and
(b) using information gained from the council’s community to improve its services andoperations.
(1) Without limiting subsections (a1) and (a2), a council must establish procedures for the review of decisions of—
(a) the council;
(b) employees of the council;
(c) other persons acting onbehalf of the council.
(2) Theproceduresmust address the followingmatters (andmay address othermatters):
(a) themanner inwhich an application for reviewmay bemade;
(b) theassignment of a suitable person to reconsider a decision under review;
(c) thematters that must be referred to the council itself for consideration or further consideration;
(ca) in the case of applications that relate to the impact that any declarationof rates or service chargesmay have
hadon ratepayers—theprovision tobemade toensure that theseapplications canbedealt withpromptly and, if
appropriate, addressed through theprovision of relief or concessions under thisAct;
(d) the notificationof the progress and outcome of an application for review;
(e) the time frameswithinwhich notificationswill bemade and procedures on a reviewwill be completed.
(3) Acouncil is not entitled to charge a fee on an application for review.
(4) Acouncil, or a personassigned to consider the application, may refuse to consider an application for review if—
(a) theapplication ismadeby anemployeeof the council and relates toan issue concerninghis or her employment;
(b) it appears that the application is frivolous or vexatious; or
(c) theapplicant does not havea sufficient interest in thematter.
(4a)The policies, practices and procedures established under this sectionmust be consistent with any requirement
prescribed by the regulations.
(5) Acouncil must ensure that copies of a document concerning the policies, practices and procedures that apply
under this section are available for inspection (without charge) and purchase (on payment of a fee fixedby the
council) by thepublic at the principal office of the council.
(6) Acouncil may amend the policies, practices or procedures established by the council under this section from
time to time.
(7) Nothing in this section prevents a person frommaking a complaint to theOmbudsman at any time under the
OmbudsmanAct 1972.
(8) Acouncil must, on an annual basis, initiate and consider a report that relates to—
(a) thenumber of applications for reviewmade under this section; and
(b) the kinds of matters towhich the applications relate; and
(c) the outcome of applications under this section; and
(d) such othermatters asmay be prescribed by the regulations.
(9) The right of a council to recover rates is not suspendedby an application for the provision of some formof relief
or concessionwith respect to the payment of those rates (but a council may then, if appropriate in view of the
outcomeof the application, refund thewhole or apart of any amount that has been paid).
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