Part 2: Councils

Question 1

What is the role of Council?

Answer 1

to provide good governance for the benefit and wellbeing of the municipal community

Question 2

How many overarching governance principles are there?

Answer 2

9

Question 3

What are the governance principles?

Answer 3

a) ABIDE BY LAW - council decisions and actions are to be made in accordance to relevant law
b) OUTCOMES FOR COMMUNITY AND FUTURE GENERATIONS - priority is to be given to achieving the best outcomes for the community and future generations
c) PROMOTE ECO, SOCIAL AND ENVIRO PLANNING -economic, social and environmental sustainability planning is to be promoted
d) ENGAGE THE COMMUNITY - the community is to be engaged in strategic planning and decision making
e) PURSUE INNOVATION AND IMPROVEMENT pursue innovation and continuous improvement
f) COLLAB WITH OTHER COUNCILS AND GOV BODIES - Collaboration with other councils and government bodies is to be pursued
g) FINANCIAL VIABILITY -ensure the ongoing financial viability of council
h) CONSIDER REGIONAL, STATE AND NATIONAL PLANS - take into account regional state and national plans when planning and decision making
i) ENSURE TRANSPARENCY -transparency of council decisions, actions and information is to be ensured.

Question 4

Council must take into account what supporting principles?

Answer 4

a) the community engagement principles
b) the public transparency principles
c) the strategic planning principles
d) the financial management principles
e) the service performance principles

Question 5

What is councils general power? (Part 2, Div 1, s 10)

Answer 5

Subject to any limitations or restrictions imposed
by this, or any other Act, a Council
has the power to do all things necessary or
convenient to be done in connection with the
performance of its role

Question 6

Who can a council delegate to?

Answer 6

• CEO

- Members of a delegated committee

Question 7

How is a Council constituted?

Answer 7

A Council consists of its Councillors who are

democratically elected

Question 8

How many Councillors must a council have?

Answer 8

no fewer than 5 Councillors and no more than 12 Councillors

Question 9

Council is a Body Corporate, which means?

Answer 9

• must have a common seal
• can be sued
• capable of acquiring, holding and disposing of property (for the purpose of performing its functions)
• is effected by all laws affecting body corporates

Question 10

The common seal of council must…?

Answer 10

• bear the name of Council
• be kept at the council office
• be used in accordance with any applicable law

Question 11

TRUE/FALSE?
All courts, judges and persons acting judicially
must take judicial notice of the imprint of the seal
of a Council on any document and must presume
that the document was properly sealed until the
contrary is proved.

Answer 11

True