Public Inquiries
A public inquiry under Section 438U of the Local Government Act (the Act) is a key mechanism for addressing serious concerns about council operations. This section empowers the Governor or the Minister for Local Government to appoint a commissioner – or a panel of commissioners – to conduct a public inquiry and report their findings to the Governor or the Minister.
The scope of a Section 438U Public Inquiry includes:
- Compliance: Investigating any issues related to compliance with the Local Government Act or other relevant laws affecting councils.
- Conduct: Examining actions or inactions by council members, employees, or other appointed officials under the Act or related laws, provided these actions are connected to their official duties and responsibilities.
Under Section 255 of the Act, a public inquiry is a mandatory step before the elected council body can be dismissed. This process ensures that any significant breakdowns in council operations are fully examined, and appropriate actions are taken to uphold governance standards.
