Full description
The Division of Local Government was created on 1 July 2009, when the Department of Local Government was abolished as a Division of the Government Service and its functions were transferred to the new Principal Department, the Department of Premier and Cabinet. (1)
The Division’s principle functions were to: regulate and monitor local government in NSW to ensure councils were able to deliver integrated and high quality services to communities in a sustainable manner; support the Premier and the Minister for Local Government; prepare legislation and provide policy advice with the aim of improving local government performance. (2)
The Division administered the Local Government Act 1993 (Act No.30, 1993) and Regulations. In 2009–2010, 152 general purpose councils and 14 county councils in NSW were “subject to state control in certain areas of their administration” under the Act and Regulations. (3)
The Division also administered the: City of Sydney Act 1988 (Act No.48, 1988); Companion Animals Act 1998 (Act No.87, 1998) and Regulations; and the Swimming Pools Act 1992 (Act No.49, 1992) and Regulations. (4)
The Local Government Amendment Act 2012 (Act No.15, 2012), made “a number of unrelated amendments to the Local Government Act concerning leasing of community land, the voting system for the election of councillors and the pecuniary interests of councillors in relation to the making of principal environmental planning instruments”. (5)
The Local Government Amendment (Early Intervention) Act 2013 (Act No.44, 2013) amended the Local Government Act “to provide new powers, most notably the issuing of performance improvement orders or suspension orders, for the purpose of improving the performance and accountability of councils”. (6) The Local Government (General) Amendment (Performance Management) Regulation 2013 amended the Local Government (General) Regulation 2005 “by specifying the criteria which the minister must consider when determining whether a performance improvement or suspension order should be issued to a council”. (7)
On 24 February 2014, the Division of Local Government was effectively abolished when its functions were transferred to the Office of Local Government, a public service executive agency related to Department of Premier and Cabinet and responsible to the portfolio of Local Government. (8)
Endnotes
1. Public Sector Employment and Management (Departmental Amalgamations) Order 2009 (2009 No.352) cls.25; notified on NSW Legislation Website, 27 July 2009.
2. Department of Premier and Cabinet Annual Report 2009-2010, p.8.
3. Ibid., p.39.
4. Loc. cit.
5. Department of Premier and Cabinet Annual Report 2011-2012, p.16.
6. Department of Premier and Cabinet Annual Report 2012-2013, p.175.
7. Department of Premier and Cabinet Annual Report 2013-2014, p.128.
8. Administrative Arrangements Order 2014 (2014 No.11) clss.4, 6 (2), 9 (3); notified on NSW Legislation Website, 29 January 2014.
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