South Australian Consolidated Acts

LOCAL GOVERNMENT ACT 1999 - SCHEDULE 1

Schedule 1—Provisions relating to organisations that provide services to the local government sector

Part 1—Local Government Association

1—The Local Government Association of South Australia

        (1)         The Local Government Association of South Australia continues in existence.

        (2)         The LGA—

            (a)         continues to be a body corporate with perpetual succession and a common seal; and

            (b)         is capable in its corporate name of acquiring, holding, dealing with and disposing of real and personal property; and

            (c)         is capable of acquiring or incurring any other rights or liabilities and of suing and being sued in its corporate name.

        (3)         The LGA is constituted as a public authority for the purpose of promoting and advancing the interests of local government and has the objects prescribed by its constitution.

        (4)         The constitution and rules of the LGA cannot be altered or revoked without the approval of the Minister.

        (5)         The Subordinate Legislation Act 1978 does not apply to the constitution or rules of the LGA.

2—Local government indemnity schemes

        (1)         Subject to this clause, the LGA—

            (a)         will conduct and manage the Local Government Association Mutual Liability Scheme ; and

            (b)         will continue to conduct and manage a local government workers compensation self-insurance scheme for the benefit of—

                  (i)         councils (including their subsidiaries); and

                  (ii)         the LGA; and

                  (iii)         any other prescribed body; and

            (c)         may establish, conduct and manage any other indemnity or self-insurance scheme which is in the interests of local government.

        (2)         The rules of a scheme under this clause must be published in the Gazette.

        (3)         The rules of a scheme must comply with any requirements prescribed by the regulations.

        (4)         The rules of a scheme cannot be altered except after consultation with the Minister.

        (5)         The LGA may, pursuant to a resolution of the LGA passed by an absolute majority of the members of the LGA at a general meeting of the LGA, transfer the management of a scheme to another body.

        (6)         The regulations may make any provision of a transitional nature relating to the transfer of the management of a scheme under this clause.

        (7)         A regulation cannot be made for the purposes of this clause except at the request of, or after consultation with, the LGA.

        (8)         The enactments and rules of law relating to perpetuities, or imposing restrictions on the accumulation of income, do not apply in relation to any scheme under this clause, whether established before or after the enactment of this clause.

        (9)         The Subordinate Legislation Act 1978 does not apply to the rules of a scheme under this clause.

Part 2—Local Government Superannuation Scheme

3—Local Government Superannuation Scheme

        (1)         The scheme known as the Local Government Superannuation Scheme continues in existence.

        (2)         Subclause (1) applies subject to the operation of Schedule 1 of the Local Government (Superannuation Scheme) Amendment Act 2008.

        (3)         This Act and the Local Government (Superannuation Scheme) Amendment Act 2008 are to be read together as if the 2 Acts formed a single Act, and a contribution by an employer for the benefit of an employee who is a member of the Local Government Superannuation Scheme will therefore be a contribution under this Act.

        (4)         This Part will expire on a day to be fixed by proclamation.

Note—

Part 2 has expired.