Antecedentes De La Tesis

accountability

105 What this part is about

This part is about councillors’ financial accountability.

106 Councillor’s discretionary funds

(1) A councillor must ensure the councillor’s discretionary funds are used in accordance with the requirements prescribed under a regulation.

(2) Discretionary funds are funds in the council’s operating fund that are—

(a) budgeted for community purposes; and

(b) allocated by a councillor at the councillor’s discretion.

107 Councillors liable for improper disbursements

(1) This section applies if—

(a) the council disburses council funds in a financial year; and

(b) the disbursement—

(i) is not provided for in the council’s budget for the financial year; and

(ii) is made without the approval of the council by resolution.

(2) The council must give the public notice of the disbursement in a newspaper that is circulating generally in Brisbane, within 14 days after the disbursement is made.

(3) If the disbursement is not made for a genuine emergency or hardship, the councillors who knowingly agree to the disbursement are jointly and severally liable to pay the council—

(a) the amount of the disbursement; and

(b) interest on the amount of the disbursement, at the rate at which interest accrues on overdue rates, calculated from the day of the disbursement to the day of repayment; and (c) any fees, charges, penalties or other expenses incurred

by the council in relation to the disbursement.

(4) Those amounts may be recovered as a debt payable to the council.

108 Councillors liable for loans to individuals

(1) The council must not, either directly or indirectly, make or guarantee a loan to an individual.

(2) Guarantee a loan includes provide a security in connection with a loan.

(3) The councillors who knowingly agree to loan the money are jointly and severally liable to pay the council—

(a) the amount of the loan; and

(b) interest on the amount of the loan, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and (c) any fees, charges, penalties or other expenses incurred

by the council in relation to the loan.

(4) Those amounts may be recovered as a debt payable to the council.

109 Councillors liable for improper borrowings

(1) This section applies if the council borrows money—

(a) for a purpose that is not for the good rule and government of Brisbane; or

(b) in contravention of this Act or the Statutory Bodies Financial Arrangements Act.

(2) The councillors who knowingly agree to borrow the money are jointly and severally liable to pay the council—

(a) the amount borrowed; and

(b) interest on the amount borrowed, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and (c) any fees, charges, penalties or other expenses incurred

(3) Those amounts may be recovered as a debt payable to the council.

(4) This section applies despite—

(a) the fact that a security was issued for the borrowing; or (b) the Statutory Bodies Financial Arrangements Act.

Chapter 5

Monitoring and enforcing

the local government

related laws

Part 1

The council

110 What this part is about

(1) The purpose of this part is to allow the Minister, on behalf of the State—

(a) to gather information (including under a direction) to monitor and evaluate whether the council or a councillor—

(i) is performing their responsibilities properly; or (ii) is complying with the local government related

laws; and

(b) if the information shows the council or councillor is not performing their responsibilities properly, or is not complying with the local government related laws—to take remedial action.

(2) Remedial action is action to improve the council’s or a councillor’s performance or compliance (including directing the council or councillor to take the action that is necessary to comply with a local government related law, for example).

111 Decisions under this part are not subject to appeal

A decision of the Minister under this part is not subject to appeal.

Note—

See section 226 for more information.

112 Gathering information

To monitor and evaluate the council’s or a councillor’s performance and compliance, the department’s chief executive may—

(a) examine the information contained in the council’s records and operations; or

(b) otherwise carry out an investigation of the council’s or councillor’s performance and compliance.

113 Acting on the information gathered

(1) This section applies if the information gathered by the department’s chief executive shows that the council or a councillor—

(a) is not performing their responsibilities properly; or (b) is not complying with the local government related

laws.

(2) The department’s chief executive may give the information to the Minister.

(3) The Minister may direct the council or a councillor to take action to—

(a) improve the council’s or councillor’s performance; or (b) correct the noncompliance with the local government

(4) If the council does not follow the direction to the satisfaction of the Minister, the Minister may publish the way in which the council or councillor—

(a) is not performing their responsibilities properly; or (b) is not complying with the local government related

laws.

(5) The Minister may—

(a) publish the information in a newspaper that is circulating generally in Brisbane; or

(b) direct the council to publish the information on its website.