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LG Alert – Notice 2 – A Missed Opportunity to Provide Assistance Where it is Required (April 9th, 2020)

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.

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