Background

The Local Government Act 2020 (LG Act 2020) allows a Minister to appoint a Chief Municipal Inspector (CMI).

The provisions relate to the appointment, role, duties and operation of the CMI and have changed very little from the Local Government Act 1989.

The table below informs of the provisions and how they will transfer between the two Acts.

Local Government Act 2020 CMI provisions

Local Government Act 1989 CMI provisions

Part 7 division 4 Chief Municipal Inspector

Part 11- General

182 Appointment of Chief Municipal Inspector

223A Appointment of Chief Municipal Inspector

183 Powers of the Chief Municipal Inspector

223A Appointment of Chief Municipal Inspector

223B Powers of the Chief Municipal Inspector

184 Chief Municipal Inspector must investigate public interest complaints

223BA Chief Municipal Inspector must investigate public interest complaints

185 Chief Municipal Inspector must refuse to investigate certain public interest complaints

223BB Chief Municipal Inspector must refuse to investigate certain public interest complaints

186 Chief Municipal Inspector may refuse to investigate certain public interest complaints

223BC Chief Municipal Inspector may refuse to investigate certain public interest complaints

187 Notification of refusal to conduct investigation on public interest complaint

223BD Notification of refusal to conduct investigation on public interest complaint

188 Notification of corrupt conduct

223BE Notification of corrupt conduct

189 Procedure on completion of investigation of public interest complaint

223BF Procedure on completion of investigation of public interest complaint

190 Person who made public interest disclosure to be informed of result of investigation

223BG Person who made public interest disclosure to be informed of result of investigation

191 Chief Municipal Inspector must not disclose certain information

223BH Chief Municipal Inspector must not disclose certain information

192 Disclosure of information by the Chief Municipal Inspector

223BI Disclosure of information by the Chief Municipal Inspector

193 Confidentiality notice

223BJ Confidentiality notice

194 Extension of confidentiality notice

223BK Extension of confidentiality notice

195 Chief Municipal Inspector to provide the IBAC with copies

223BL Chief Municipal Inspector to provide the IBAC with copies

196 Disclosure subject to confidentiality notice

223BM Disclosure subject to confidentiality notice

197 Delegation by Chief Municipal Inspector

223A Appointment of Chief Municipal Inspector

198 Offences in relation to Chief Municipal Inspector

223C Offences relating to investigations

199 Referral to Supreme Court

223C Offences relating to investigations

Commencement Arrangements

24 October 2020

Local Government Act 2020 – Provisions commence 24 October 2020

• Sections 182 - 199

24 October 2020

Local Government Act 1989 - Provisions repealed 24 October 2020

• Sections 223A – 223C

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Annette Waters

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