South Australian Consolidated Acts

SUPPORTED RESIDENTIAL FACILITIES ACT 1992 - SECT 9

9—Role of councils

        (1)         A council has the following functions:

            (a)         to undertake the administration and enforcement of this Act within its area;

            (b)         to be responsible for licensing supported residential facilities that are situated within the area of the council;

            (c)         such other functions as are assigned to a council by this Act.

        (2)         A council may, by instrument in writing, delegate any of its powers or functions under this Act (including a power or function as a licensing authority under this Act)—

            (a)         to a controlling authority; or

            (b)         to an authorised officer; or

            (c)         to an officer or employee of the council or to the person for the time being occupying a particular office or position in the council; or

            (d)         with the approval of the Minister, to any other person or body.

        (3)         A delegation under subsection (2)—

            (a)         may be absolute or conditional; and

            (b)         may authorise the delegate to subdelegate any power or function; and

            (c)         does not derogate from the power of the council to act in any matter; and

            (d)         is revocable at will by the council.

        (4)         In any legal proceedings an apparently genuine certificate, purportedly signed by the Chief Executive Officer of a council, containing particulars of a delegation under this section will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.

        (5)         If, in the opinion of the Minister, a council has failed to discharge its duties under this Act, the Minister must consult with the council in relation to the matter.

        (6)         If, after taking action to comply with subsection (5), the Minister considers that the matter remains unresolved, the Minister may take such action as appears appropriate.

        (7)         Without limiting the generality of subsection (6), the Minister may, by notice in the Gazette, withdraw powers or functions under this Act from a council and vest them in a person or body specified by the Minister.

        (8)         Before taking action under subsection (7)—

            (a)         the Minister must, by notice in writing—

                  (i)         inform the council of its proposed course of action (setting out the grounds on which the action is proposed); and

                  (ii)         invite the council to make written submissions in relation to the matter; and

            (b)         if the council so requests in written submissions to the Minister—the Minister must discuss the matter with a delegation representing the council.

        (9)         The Minister must, as soon as is reasonably practicable after publishing a notice under subsection (7), furnish the council with written reasons for the Minister's decision.

        (10)         The Minister may, by further notice in the Gazette—

            (a)         transfer any power or function withdrawn under subsection (7) to another person or body specified in the notice;

            (b)         revoke a previous notice under this section.

        (11)         Any expenses reasonably incurred by a person or body in exercising or performing powers or functions vested under this section may be recovered as a debt from the relevant council in a court of competent jurisdiction.