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Lawyers for local government

KelledyJones Lawyers

KelledyJones Lawyers
Different for Good Reason

KelledyJones is unique in South Australia. We provide dedicated legal, strategic and business support exclusively to South Australian councils, public authorities and not-for profits.

Our people, our passion and our practical advice set us apart. Our specialist lawyers deliver the depth and knowledge of a large firm, with the efficiency and responsiveness of a smaller firm.

We’ve set out in our Undertaking that we will not act against or contrary to the interests of any council.

Explore our website to find out what makes us leaders in our field. Or call and speak with us directly. We’re a friendly bunch, and we’re here to help.

Latest LG Alerts:

LG Alert – Notice 2 – A Missed Opportunity to Provide Assistance Where it is Required

The Minister has now published the Public Access and Public Consultation Notice (No 2) 2020 (Notice 2), pursuant to section 302B of the Local Government Act 1999 (‘the Act’).

The ‘key’ variations to the Act made by Notice 2 address closure of the ‘principal office’ for the purpose of section 45 of the Act, without a ‘requirement’ for a council to issue a notice to itself under the South Australian Public Health Act 2011 (‘SAPH Act’), or otherwise to undertake public consultation (as long as certain circumstances are met), as well as the suspension of certain provisions under the Act pertaining to the mandatory requirements to publicly consult or otherwise to hold public meetings.

However, these measures may be considered to have limited, practical, operation and provide little by way of relief and/or assistance for councils. Indeed, the variations and suspensions fall short of what councils have been requesting of the Minister for inclusion in this second Notice.

Please click here to read further.

LG Alert – FAQ: Councils’ COVID-19 Regulatory Role & Functions – Business as (un)usual

We have continued to receive numerous requests seeking clarification regarding councils’ regulatory functions in the context of COVID-19, in particular, the steps that can be taken by council officers to enforce the various Directions made under the Emergency Management Act 2004 (“the EM Act”).

This Alert answers the questions that are commonly being asked regarding the role of council and its officers under the Directions.

Click here to read more.

LG Alert – Electronic Meetings – Further questions and answers

In furthering our objective to provide practical solutions and support for our clients, Click here to read our latest instalment of FAQs, arising from the publication of the Notice by the Minister on Tuesday 31 March 2020, for electronic participation in council meetings.

LG Alert – Electronic Meetings: Your Questions Answered – The First 24 Hours!

To assist councils to navigate the Notice published by the Minister yesterday,  we provide the below clarity with practical and easy to read guidance in respect of the most frequently asked questions over the past 24 hours.  We will provide a further round of questions/answers as the day evolves.

Click here to read more.

LG Alert – Minister’s Notice No.1 – Electronic Participation in Council Meetings

In accordance with the amendment to section 302 of the Local Government Act 1999, the Minister published the first Notice consequent upon the SA Public Health Act 2011 and the Emergency Management Act 2004 emergency declarations. The Notice is limited to the variation/suspension of the Act and the Local Government (Procedures at Meetings) Regulations 2013 for the purpose of facilitating ‘electronic’ Council meetings.

In our view, these variations/suspensions are more intricate than required to achieve the apparent objectives of the Notice. Nevertheless, it appears that the first task is for councils to vary their codes of practice for access to meetings and documents to enable electronic meetings to take place.

Click here to read more.

LG Alert – COVID-19: Update – Non-Essential Business and Other Activities No 2

Following our Alert yesterday, Monday, 30 March 2020, the SA State Coordinator has released a further Direction, the Emergency Management (Non-Essential Business and Other Activities No 2) (COVID-19) Directions 2020.

Importantly, the Direction does not amend the density requirements or social distancing principles, that is, the 2-person limit recommended by the Prime Minister has not, as yet, been imposed, and it does not include public playgrounds, outside gyms and skateparks under ‘defined premises’.

Further we are advised by the Minister’s Officer that a Notice under the Local Government (Public Health Emergency) Amendment Act 2020 will be Gazetted today. However, its application is likely to be limited to processes and procedures surrounding Council meetings only.

Click here to find out more.

LG Alert – COVID-19: Understanding the Regulatory Response and the Related Role of Local Government and COVID-19 Training for Council Officers 

Consistent with our commitment to provide ongoing support to our clients during these unprecedented times we provide you with our latest LG Alert. The Alert outlines the regulatory framework for the COVID-19 response in South Australia and the critical role of councils in assisting with the implementation of this response.

Below are details of the virtual training we are providing for Council officers who are responsible for implementing their council’s COVID-19 responses. The training addresses the following:

  1. the objects and principles of the SAPH Act relevant to the COVID-19 response and impacts on councils;
  2. notice-making powers under the SAPH Act, including who can issue a notice and why a notice may need to be issued as part of the COVID-19 response; and
  3. directions made under the Emergency Management Act 2004, their legal impacts and their application and relevance to, councils.

If you are interested in a training session for your Council officers, contact Cimon Burke on 08 8113 7105 or via cburke@kelledyjones.com.au

LG Alert – LG Emergency Measures – COVID-19

We have received numerous enquiries in relation to the operation of the Local Government (Public Health Emergency) Amendment Bill 2020, which passed both Houses of Parliament on Tuesday.

Click here for all you need to know about the next steps.

LG Alert – Balancing COVID-19 and administering the planning system (March 25th, 2020)

We are all very aware of the health issues and advice surrounding the COVID-19 pandemic and are committed to providing provide LG Alerts on relevant topics in the interests of assisting councils manage their responsibilities in these difficult and evolving times.

In this Alert, we outline how Council Assessment Panels and Regional Assessment Panels can operate through web-based meetings and other online means and how councils can administer the Development Act 1993 in a manner which avoids the need for face-to-face contact.

Click here to read our latest LG Alert.

LG Alert – COVID-19 – notices under the South Australian Public Health Act 2011

A number of our client councils have expressed concern about recommendations to consider the issuing of a notice under section 92 of the South Australian Public Health Act 2011 to themselves, to direct and restrict public movement within their facilities.

Click here to read our latest Alert setting out why such measures are wholly unnecessary and, potentially, unlawful.

LG Alert – Council contracts – dealing with suppliers during COVID-19 restrictions

We are all very aware of the health issues and advice surrounding the COVID-19 pandemic.

In this Alert, we outline some of the steps which councils should be taking to make sure that their contractual relationships are properly and proactively managed.

Click here to read more.

LG Alert – The requirement to keep Council and Committee meetings open to the public

Click here to read our latest LG Alert on the requirement to keep Council and Committee meetings open to the public in light of the Federal Government’s new indoor gathering restrictions.

LG Alert – the requirement for councils to keep principal offices and public facilities open to the public during the pandemic

Many councils are currently considering, in a risk and health/safety context, their legal obligations to keep open their principal office and other public facilities during the COVID-19 pandemic.

Click here to read our LG Alert on this important topic.

LG Alert – COVID-19: Potential impact upon Council and Committee meetings 

Click here to read our LG Alert in relation to the potential impacts that the current Coronavirus (COVID-19) pandemic may have on council and/or committee meetings.

Upcoming Workshops and Seminars:

KelledyJones Lawyers and Development Answers – Planning Reform Seminar Series – Part 5 – How to navigate the new system

Transitioning to the Planning, Development and Infrastructure Act 2016 will be a considerable task for councils – not only will planning assessments change, but so will procedural steps and record management requirements for development applications, building assessments and building safety mechanisms, governance arrangements, Assessment Panel operations, enforcement and compliance and infrastructure contributions.

Now is the time to plan ahead so that your council is well-prepared for the task at hand!

KelledyJones Lawyers and Development Answers have, once again, partnered to provide a training package for councils which is intended to ensure that councils are fully prepared for the transition to the new Act. Each session is designed to ensure that attendees leave with a sophisticated knowledge of the Act and Regulations, how they will operate and what must be done in readiness for the commencement of the new Act. Our combined knowledge means that the legal, practical and organisational aspects of the new Act and Regulations are covered.

Please see our flyer for details as to content and pricing. We emphasise that these sessions will be tailored to meet your council’s specific needs and can be booked on dates, at times and locations convenient to your council.

Sessions are booking fast; make sure you book your sessions well in advance to ensure that your council or group of councils is ready for the transition to the new Act.

Public Interest Disclosure Act 2018

The Government has now announced the Public Interest Disclosure Act 2018 will come into operation on 1 July 2019. Upon commencement it will repeal the Whistleblowers Protection Act 1993.

Given the importance of these amendments to the public integrity framework, it is critical that councils give early consideration to the implementation of this regime, and to understand its operation in the wider context of the duties and requirements for public officers and public authorities.

Is your council ready for these changes?

Given demand, KelledyJones Lawyers has opened a further training session to be held on Thursday 16 May 2019 from 10:00am – 11:30am.

Click here to book a training session and assistance with the preparation of a draft Procedure.

Practical Training: Council Member Post Election Essentials 2018/2019

Don’t do too much too soon”, is the message we are hearing over and over from councils about the mandatory training.  Accordingly, KelledyJones Lawyers, together with UHY Haines Norton and Leader’s Coach, have developed an incremental training methodology that provides council members, whether returned or new, with the essential knowledge to commence their 4 – year terms of office.

  • Click here for more information on the training delivered by KelledyJones.
  • Click here for more information on the training delivered by UHY Haines Norton and Leader’s Coach.

Report Writing Workshops

KelledyJones Lawyers are pleased to offer a Report Writing Workshop for Administrative staff at all levels, incorporating the application of the confidentiality provisions under sections 90 and 91 of the Local Government Act 1999.

The workshop will run for 3 hours (with a short break) and will include practical exercises regarding report writing and drafting confidentiality orders. The workshop will provide attendees with a clear understanding of the principles of good decision making and the importance of good report writing.