Local Government (Health and Safety Duties) Amendment Bill 2025 (SA)

South Australia Local Government (Health and Safety Duties) Amendment Bill 2025 A Bill For An Act to amend the Local Government Act 1999.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Local Government Act 1999 3 Substitution of section 75G 75G Health and safety duties 4 Amendment of section 262Q—Referral Schedule 1—Transitional provision

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Local Government (Health and Safety Duties) Amendment Act 2025. 2—Commencement This Act comes into operation on the day on which it is assented to by, or on behalf of, the Crown.

Part 2—Amendment of Local Government Act 1999 3—Substitution of section 75G Section 75G—delete the section and substitute: 75G—Health and safety duties (1) A member of a council must— (a) take reasonable care that the member's acts or omissions do not adversely affect the health and safety of other members of council or employees of the council; and (b) comply, so far as the member is reasonably able, with any reasonable direction that is given by the Minister for the purposes of ensuring that the member's acts or omissions do not adversely affect the health and safety of other members of the council or employees of the council. (2) However, the Minister may only give a direction under subsection (1)(b) to a member of a council if the Minister is satisfied based on a report provided by the Behavioural Standards Panel that— (a) an act or omission of the member gave rise to a serious risk to the health and safety of other members of the council or employees of the council; or (b) an act or omission of the member, in their capacity as a member, gave rise to a serious risk to the health and safety of other persons; or (c) an act or omission of the member prevented the council from performing its functions. (3) Without limiting subsection (1)(b) but subject to this section, a direction may include a direction that a member of a council not attend a meeting of the council or a council committee (and a member the subject of such a direction will be taken to have been granted leave of absence from attending council meetings for the duration of the direction). (4) Despite a preceding provision— (a) a direction under subsection (1)(b) that a member not attend a meeting of a council may only be given if there are no other reasonable directions the Minister considers appropriate in the circumstances to ensure the health and safety of the affected person (and a member the subject of a direction to not attend a meeting of a council will be taken to have been granted leave of absence from attending council meetings for the duration of the direction); and (b) a direction under subsection (1)(b) that significantly restricts a member's ability to carry out their duties, including that a member not attend a meeting of the council or a council committee, will be taken to be reasonable if the direction is based on credible evidence that the member's relevant acts or omissions give rise to a serious risk to the health and safety of another member or employee of the council. (5) A direction cannot be given under this section merely on the ground of a member having engaged in political criticism, debate or disagreement with a council or council employee on policy or governance issues, unless the direction is based on credible evidence of harassment, threats, criminal conduct or similar conduct by the relevant member that gives rise to a serious risk to the health and safety of another member or employee of the council. (6) If a direction under subsection (1)(b) that a member not attend a meeting of a council is given, the Minister must ensure that a complaint relating to the matter is referred to the Behavioural Standards Panel. (7) Before giving a direction under subsection (1)(b), the Minister must— (a) give the person to whom the direction relates notice of the proposed direction; and (b) consider any response provided by the person within 10 business days. (8) If the Minister gives a direction under subsection (1)(b), the Minister must— (a) provide a copy of the direction to the person to whom it relates and to the council; and (b) cause it to be laid before both Houses of Parliament within 3 sitting days after it is given. (9) A copy of direction given to a council under this section must be tabled at and recorded in the minutes of the council meeting next occurring after the giving of the direction. (10) A direction required to be laid before Parliament under this section may be disallowed by a resolution of either House of Parliament passed within 3 sitting days after it has been laid before that House. (11) This section is in addition to and does not limit the operation of the Work Health and Safety Act 2012. (12) In this section— health has the same meaning as in the Work Health and Safety Act 2012. 4—Amendment of section 262Q—Referral Section 262Q(d)—delete "a responsible person" and substitute: the Minister