Post-election statutory requirements checklist Item Requirement Status

Pre-declaration of the polls

Preparation of induction training materials Completed:

Yes

No

Post-declaration of the polls

Councillor declarations of office taken and equipment issued to Councillors Completed:

Yes

No

Prepare notice and agenda for the post-election meeting Completed:

Yes

No

Registers of interest for Councillors, senior executive employees and related persons to be completed.

Completed:

Yes

No

Post-election Hold post-election meeting and appoint a Deputy Mayor and fill vacant positions on the Local Disaster Management Group.

Completed:

Yes

No

Set dates and times for holding other meetings. Completed:

Yes

No

Consider appointment of expenses reimbursement policy and acceptable request guidelines. Completed:

Yes

No

Consider the appointment of committees and allocation of portfolios Completed:

Yes

No

May - July 2020 meetings

Council to adopt its suite of financial documents including its five year corporate plan, long-term asset management plan, annual operating plan, long-term financial forecast, revenue statement and annual budget. NB: A council may pass a budget after 1 August 2020 if an extension is granted by the Minister.

Completed:

Yes

No

Council to consider whether to adopt a remuneration level lower than the maximum prescribed by the Local Government Remuneration Tribunal.

Completed:

Yes

No

Council to adopt required policies including meeting procedures, standing orders and investigation policy.

Completed:

Yes

Page 1 of 12 | Policies, processes and other matters—Statutory requirements checklist and calendar

Item Requirement Status

No

Councillors must complete necessary electoral returns and all required related party declarations and disclosure requirements to be met.

Completed:

Yes

No

Page 2 of 12 | Policies, processes and other matters—Statutory requirements checklist and calendar | www.dlgrma.qld.gov.au

Post-election statutory requirements checklist and calendarLocal Government Act 2009 (LGA09)Local Government Regulation 2012 (LGR12)

Item Legislative Reference

RequirementStatus /Comments

Pre-declaration of the polls

Preparation of Induction training materials

Councillor Induction materials to include: roles & responsibilities of elected officials and administrative staff, good decision making in the public interest, local government principles such as accountability, transparency & sustainability, councillor Code of Conduct, Disaster Management plan & processes, Local Disaster Management Group role & function, council’s complaints’ handling process, processes for councillors to handle constituent’s concerns, requesting information & advice, delegations, meetings – notice of meetings, agendas, meeting procedures, standing orders, business papers & minutes

Completed:Yes No

HandoverCouncils should make arrangements for the following matters due at the end of caretaker period: Final pay of outgoing councillors and first pay for the new councillors. (Note: the end of an outgoing councillor’s term is the day the Electoral Commission of

Queensland makes the final declaration of poll, even if this is not a business day. The first day of the new councillor’s term is the first day after the final declaration of poll, even if this is not a business day.) 

Outgoing councillors must return all of council property, equipment and records including credit cards, phones, security access cards, computers, car keys, fuel cards and cab charges. 

Cancel computer and other council information access for outgoing councillors. This may include returning all council documents and records for filing as well as deleting council social media profiles and other accounts for former councillors. 

Preparing the existing offices for handover to the new councillors.

Chief executive officers are able to organise handover discussions with newly elected councillors to explain the transition and induction processes.

However, care must be taken to ensure that newly elected councillors understand that they are not able to commence their roles until after the conclusion of the election when they can make their declarations of office.

Transitional arrangements for the Local Disaster Management Group: organise hand-over of LDMG responsibilities to the new chairperson where relevant.

Completed:Yes No

Page 3 of 12 | Policies, processes and other matters—Statutory requirements checklist and calendar | www.dlgrma.qld.gov.au

Post-declaration of the pollsCouncillor declaration of office

s169 LGA09

s254 LGR12

Mayor and councillors are required to take the declaration of office prior to their acting in their roles as mayor or councillor.Mandatory elements: A councillor must not act in office until the councillor makes the declaration of office. The chief executive officer is authorised to take the declaration of office and must keep a record of the

taking of the declaration of office. A person ceases to be a councillor if the person does not take the declaration of office within—

(a) 30 days after being appointed or elected; or(b) a longer period allowed by the Minister.

Completed:Yes No

Issue Council equipment if necessary (for example mobile phones, iPads and laptops), and set up home offices if required.  Completed:Yes No

Prepare notice and agenda for the post-election meeting

s256 LGR12

s258 LGR12

s175 LGA09

Notice of each meeting or adjourned meeting of a local government must be given to each councillor at least 2 days before the day of the meeting unless it is impracticable to give the notice.

The matters a local government must consider at a post-election meeting include the day and time for holding other meetings and the appointment of the deputy mayor.

Mandatory elements: The notice must state—

(a) the day and time of the meeting; and(b) for a special meeting—the business to be conducted at the meeting.

A special meeting is a meeting at which the only business that may be conducted is the business stated in the notice of meeting.

However, the notice must be given to each councillor of an Indigenous regional council at least 4 days before the day of the meeting unless it is impracticable to give the notice.

Completed:Yes No

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Registers of interests ss289 - 297 LGR12

Schedule 5 LGR12

The CEO must maintain a register of interests of: each councillor senior executive employees a person related to a councillor or senior executive employee.

The register of interests of a councillor must be available to the public at the local government’s public office and on its website.

The mayor must keep a register of interests of: the CEO a person related to the CEO.

Mandatory elementsThe registers must contain the financial and non-financial interests as prescribed by Schedule 5 of LGR12.

A councillor, the CEO or a senior executive employee must ensure that their register and the register of any related person is updated within 30 days after the person knows that the register is not up to date.

The copy of the register of interests of a councillor available for public inspection must include a change to the register no later than 5 business days after the change is made.

Completed:Yes No

Post-election meetingHolding a post-election meeting

s175 LGA09 A local government must hold a meeting within 14 days after—(a) the conclusion of each quadrennial election; and(b) the conclusion of a fresh election of its councillors.

Completed:Yes No

Confirmation of minutes

s272 LGR12 At each meeting, the minutes of the previous meeting must be—(a) confirmed by the councillors or committee members present; and(b) signed by the person presiding at the later meeting.

Completed:Yes No

Appointment of deputy mayor

s175 LGA09 The local government must, by resolution, appoint a deputy mayor from its councillors (other than the mayor) at the post-election meeting.

Completed:Yes No

Location and timing of meetings

s256 LGR12

s257 LGR12

A local government must consider at a post-election meeting the day and time for holding other meetings.

A local government must meet at least once in each month though the Minister may, after written application by a local government, vary this requirement for the local government.

Completed:Yes No

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All meetings of a local government are to be held—(a) at 1 of the local government’s public offices; or(b) for a particular meeting—at another place fixed by the local government, by resolution, for the

meeting.

Where relevant, appointment of the chairperson and deputy chairperson to the Local Disaster Management Group

s34 Disaster Management Act 2003

s10 Disaster Management Regulation 2014

The relevant local government appoints a chairperson and deputy chairperson to the LDMG.

The chairperson must be a councillor of a local government.

Completed:Yes No

Expenses reimbursement policy

s250 LGR12 The local government must: adopt an expenses reimbursement policy give public notice of the policy.

Mandatory elementsThe policy must provide for: payment of reasonable expenses incurred, or to be incurred, by councillors for discharging their duties

and responsibilities provision of facilities for that purpose.

Completed:Yes No

Guidelines for councillors asking for employee advice (Acceptable Request Guidelines)

S170A LGA09 The local government must, by resolution, adopt acceptable request guidelines.

Apart from the mayor or the chairperson of a committee if the request relates to the role of the chairperson, a request by a councillor for information from a local government employee is of no effect if the request does not comply with the acceptable request guidelines.

Mandatory elementsThe guidelines must detail: the way a councillor may ask a local government employee for advice to help the councillor carry out

their responsibilities reasonable limits on requests a councillor may make.

Completed:Yes No

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Appointment of committees

s264 LGR12

s12 LGA09

Council may establish committees as part of its governance structure and these committees include standing committees, special committees and advisory committees.

This system provides for nominated Councillors to be appointed to committees linked to the strategic priorities of a council and the core responsibilities that it is required to discharge.

The mayor is a member of each standing committee of a council.

Completed:Yes No

Allocation of portfolios Council may establish a portfolio system as part of its governance structure.

This system provides for nominated Councillors to be assigned specific responsibilities linked to the strategic priorities of a council and the core responsibilities that it is required to discharge.

Under this system, a councillor is allocated portfolio responsibility for a council function(s).

Ordinarily, councillors as portfolio holders are required to: (a) keep abreast of council proposals, issues and activities which are relevant to their portfolio; (b) act as the official council spokesperson or representative on portfolio relevant matters; and (c) provide input and advice to council officers on portfolio relevant matters.

Completed:Yes No

May – July 2020 Meetings

Five-year corporate plan

s104 LGA09

ss165-166 LGR12

The local government must prepare and adopt a five-year corporate plan.

It must adopt the corporate plan in sufficient time to allow a budget and annual operational plan consistent with the corporate plan to be adopted for the 1st financial year that is covered by the plan.Mandatory elementsThe corporate plan must: outline the strategic direction of the local government state performance indicators for measuring progress in achieving the local government’s vision outline the objectives of each commercial business unit and the nature and extent of the significant

business activity conducted by each commercial business unit.

Completed:Yes No

Long-term asset management plan

s104 LGA09

ss167-168 LGR12

The local government must prepare and adopt a long-term asset management plan (AMP) for a period of at least 10 years.

Completed:Yes No

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The AMP outlines the local government’s policies and strategies for ensuring sustainable management of assets and infrastructure during the period of the plan.

Mandatory elementsThe long-term asset management plan must: provide strategies to make sure sustainable management of local government assets and infrastructure state the estimated capital expenditure for renewing, upgrading and extending the assets for the period

of the plan be part of, and consistent with, the long-term financial forecast.

Annual operational plan

s104 LGA09

ss174-175 LGR12

The local government: must prepare and adopt an annual operational plan consistent with its budget may, but need not, adopt the annual operation plan at the same time it adopts its budget.

Mandatory elementsThe operational plan must state how the local government will: progress implementation of the five-year corporate plan during the period of the operational plan manage operational risks

It must also include an annual performance plan for each commercial business unit.

Completed:Yes No

Long-term financial forecast

s104 LGA09

s171 LGR12

The local government must: prepare a financial forecast covering a period of at least 10 years review the forecast annually.

Mandatory elementsThe long-term financial forecast must contain, for each year during the period of the forecast, a forecast of income, expenditure and the value of assets, liabilities and equity.

Must be adopted after 31 May and before 1 August.

Completed:Yes No

Revenue statement s104 LGA09

s172 LGR12

The local government must: prepare a revenue statement each financial year include the revenue statement in the annual budget (s169 LGR 2012).

Mandatory elementsThe revenue statement must include information for the financial year covering: lists and descriptions of rating categories special rates and charges for any joint government activity criteria for deciding the amount of cost-recovery fees criteria for deciding the amount of charges for goods and services supplied by any business activity

Must be adopted in annual budget.

Completed:Yes No

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conducted by the local government an outline and explanation of the measures adopted for raising revenue including rates and charges to

be levied and concessions for rates and charges to be grantedwhether the local government has made a resolution limiting an increase to rates and charges.

Statement of estimated financial position

s205 LGR12 The CEO must present the local government’s annual budget meeting with a statement of estimated financial position.

Mandatory elementsThe statement of estimated financial position is a document stating the financial operations and financial position of the local government for the previous financial year.

At the meeting to adopt annual budget.

Completed:Yes No

Annual budget s104 LGA09

ss169-170 LGR12

The local government must prepare a budget (on an accrual basis) for its operating fund for each financial year.The budget must be consistent with the local government’s: five-year corporate plan annual operational plan.

Mandatory elementsThe budget must include all elements as set out in s169 LGR12.

Must be adopted after 31 May and before 1 August unless a later date is approved by the Minister.

Completed:Yes No

Remuneration s247 LGR12 A local government must pay remuneration to each councillor of the local government.

The maximum amount of remuneration payable to a councillor under the remuneration schedule must be paid to the councillor, unless the local government, by resolution, decides the maximum amount is not payable to the councillor.

Should council decide that the maximum amount is not payable to a councillor, the local government must also decide the amount of remuneration payable to the councillor.

Should council decide that the maximum amount is not payable to a councillor, the amount of remuneration decided for each councillor must not be more than the maximum amount of remuneration payable to the councillor under the remuneration schedule.

The amount of remuneration for each councillor, other than a mayor or deputy mayor, must be the same.

Completed:Yes No

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Should council decide on a lower level of councillor remuneration for its councillors, the local government must make a resolution about this level of remuneration payable from 1 July of a particular year, before 1 July of that year.

Related party declarations and disclosures policy

Australian Accounting Standard AASB 124 Related Party Disclosures

s177 LGR12

Councils must disclose certain related party relationships and related party transactions together with information associated with those transactions in its general-purpose financial statements.

Council’s related parties include: key management personnel (KMP) of Council close family members of KMP entities related to Council, such as subsidiaries, joint ventures and associates entities controlled or jointly controlled by KMP or their close family members.

KMP are defined as persons having authority and responsibility for planning, directing and controlling the activities of the entity, directly or indirectly.

In order to meet the disclosure requirements, all KMP should periodically provide a related party declaration identifying any close family members and entities controlled or jointly controlled by KMP or their close family members to the chief executive officer.

Completed:Yes No

Meeting procedures & standing orders

s150G LGA09 The local government must either: adopt model procedures issued by the Department’s chief executive for the conduct of meetings of a

local government and its committees, or prepare and adopt other procedures for the conduct of its meetings and meetings of its committees

The Model Meeting Procedures include processes for dealing with: unsuitable meeting conduct by a councillor suspected inappropriate conduct by a councillor referred by the Independent Assessor to the local

government material personal interest conflict of interest closed meetings.

Best practice standing orders have been developed to support local governments with a set of rules to conduct their meetings in an orderly way. Councils may also choose to adopt the best practice standing orders.

Completed:Yes No

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Mandatory elementsThe meeting procedures must: not be inconsistent with the model procedures issued by the Department’s chief executive state how the chairperson of a local government meeting may deal with a councillor’s unsuitable meeting

conduct state how the suspected inappropriate conduct of a councillor referred to the local government by the

Independent Assessor must be dealt with at a local government meeting.

Investigation policy s150AE LGA09 The local government must adopt an investigation policy about how it deals with the suspected inappropriate conduct of councillors referred, by the Independent Assessor, to the local government to deal with.

Mandatory elementsThe policy must: include a procedure for investigating the suspected inappropriate conduct of councillors state the circumstances in which another entity may investigate the conduct be consistent with the principles of natural justice require councillors and persons who make complaints about councillors’ conduct to be given notice

about the outcome of investigations

Completed:Yes No

Organisational structure

s196 LGA09 The local government must, by resolution, adopt an organisational structure appropriate to the performance of the local government’s responsibilities.

The CEO is responsible for appointing all employees.

Completed:Yes No

Delegations register s260 LGA09

s305 LGR12

The CEO must: keep a register of all delegations by the local government, mayor or chief executive officer make the register available to the public.

Mandatory elementsThe register must include: the name or title of the person, or the name of the committee, to whom powers are delegated a description of the powers delegated and provisions under a Local Government Act permitting or

requiring the exercise of the power if the delegation was by the local government—a summary of the resolution, including date and number

of the resolution and a summary of any conditions to which the delegation is subject.

Completed:Yes No

Electoral returns s172 LGA09 If a person who is elected as a councillor fails to give a summary return within the required period or a longer period allowed by the Minister, the person ceases to be a councillor on the day immediately after the required period or the longer period ends.

Completed:Yes No

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Draw down approved borrowings

All approved borrowings must be drawn down from the Queensland Treasury Corporation in the financial year approved. Annual by 30 June

Completed:Yes No

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