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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 – Did someone say…… ‘council meetings’!

A new Direction, the Emergency Management (Gatherings No 3) (COVID-19) Direction 2020 issued today, confirms the power to hold council (and council committee or subsidiary) meetings in person, subject to conditions.

Please click here to read our Alert on this important topic.

LG Alert – Notice 4 – Annual Business Plans and Strategic Planning

The Minister has, today, published a further Notice pursuant to section 302B of the Local Government Act 1999 (‘the Act’) the effect of which is to provide an additional 3 months for councils to review its strategic management plan, as well as an additional 3 months for its rates declaration, annual business plan and draft budget processes.

These amendments were critical to provide councils additional time to not only consider the effects of the public health emergency on the existing budgetary position, but also to evaluate and take into account the broader effect on residents and ratepayers, including their ability to meet rating obligations.

Click here to read more.

LG Alert – Commencement of provisions within the Landscape South Australia Act 2019

The Landscape South Australia Act 2019 (“the Act”) came into operation in December 2019 and will replace the Natural Resources Management Act 2004. On 9 April 2020 in the Gazette suspended provisions of the Act were proclaimed and commenced. The commencing sections include the requirement for councils to charge the Landscape South Australia levy on rateable land in lieu of the Natural Resources Management levy.

This Alert provides a summary of the commencing provisions and what they mean for councils.

Click here to read more.

LG Alert – Changes to Leasing Arrangements as a Result of COVID-19

The South Australian parliament recently passed the COVID-19 Emergency Response Act 2020 (Act) and yesterday, introduced the COVID-19 Emergency Response (Commercial Leases) Regulations 2020 (Regulations). This Alert addresses the effect of the Act and the Regulations on commercial leases and  what council landlords need to know about the changes to their rights and obligations.

Click here to read more.

LG Alert – Draft Planning and Design Code: Update Report from the State Planning Commission on Phase Two of the Planning and Design Code (Rural Areas)

In news (not related to Covid-19), the State Planning Commission (‘SPC’) has released its second update paper summarising the feedback it has received during consultation on Phase 2 of the Planning & Design Code. The SPC are recommending a number of amendments to Phase 2 of the Code before its implementation, with a particular focus on addressing planning issues that arise in a rural context.

This Alert provides a summary of the update paper and the SPCs recommendations for Phase 2 of the Planning & Design Code.

Click here to read more.

LG Alert – Pandemic Response Amendments to the Development Regulations 2008 and an Unrelated ‘Surprise’ Amendment Proclaimed on 9 April 2020

Please click here for our latest Alert on the two sets of amendments to the Development Regulations 2008 Gazetted late on Thursday.  The amendments include a number intended to address the current pandemic as well as unrelated measures amending public notification requirements for other forms of development primarily in primary production areas.

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.

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.