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Lawyers for local government

LG Alert – CAP establishment checklist (August 4th, 2017)

Further to our LG Alert summarising the ‘in’s and out’s’ of the new Panel arrangements which will commence on 1 October 2016, , we provide the following checklist which contains each of the steps that should be taken to ensure that CAP’s are established in accordance with the requirements of the Planning, Development and Infrastructure Act 2016.

1. Establish the CAP before 1 October 2017

    • appoint the 3 – 5 members (only 1 of whom can be an elected member)
    • determine the term of the appointment for the members (we recommend 12 months initially due to the impending development of the accreditation scheme)
    • determine the conditions of appointment and grounds to remove a member
    • develop suggested Meeting Procedures for the CAP to consider (note that some procedures are prescribed by the PDI (General) Regulations 2017, additional procedures are determined by the CAP)
    • determine the presiding member
    • determine the process for the CAP to appoint an acting presiding member
    • determine if there will be deputy members and make appointments accordingly
    • determine the delegations to the new CAP

2. Distribute the Financial Interest Disclosure forms so that each member can complete their primary return.   These forms need to be completed in accordance with the PDI Act and PDI (General) Regulations 2017.

3. Arrange for training for the new CAP after 1 October 2017 (and we recommend before 31 December 2017) on the new legislative requirements, Code of Conduct and meeting procedures.

4. Note and advise the current CDAP members, that their term of office expires on 30 September 2017 due to the establishment of the new CAP.

5. Be aware of the risks of failing to achieve the above; namely the ability for the Minister to establish a local assessment panel which will make decisions on the Council’s behalf, at the Council’s cost.

Please call Victoria Shute on 8113 7104 or 0423 004 339 with any questions.