Internal Review of Council Decisions
Internal Review of Council Decisions Procedure (in accordance with section 270 of the Local Government Act 1999)
Introduction
The City of Salisbury is committed to transparency in decision making, and to providing access to a fair and objective procedure for the internal review of decisions.
Grievances may arise as a result of dissatisfaction with a decision made by Council, or its employees, on a wide range of issues including policy, procedure, service, fee, etc. All attempts will be made to resolve grievances quickly and efficiently, without the need for a formal request for review.
This procedure provides information on formal requests for internal review of decisions of Council, its employees, and other people acting on behalf of Council. ‘Council’ refers to the decision making group of Elected Members, not the entire organisation.
Dealing with grievances at the local level is the most effective way of resolving matters quickly. Applicants for review of decisions will be encouraged to participate in the review handling process co-operatively. However, nothing in these procedures negates citizens’ rights to seek external review through the State Ombudsman, other legal appeal processes, or the Courts at any time during the internal review process.
The Local Government Act 1999 ('The Act')
The City of Salisbury’s Internal Review of Council Decisions Procedure has been adopted in accordance with Section 270 of the Local Government Act 1999. The Procedure is one aspect of Council’s customer focussed approach to service delivery. It provides a further opportunity to review the way Council provides services to the community, and to identify areas for improvement.
When will the internal review of council decisions procedure apply?
Issues arise about a range of matters during the course of Council’s day to day activities. Most grievances are initially made verbally, either by telephone or face-to-face to a Council officer, or may be made in writing. Sometimes Elected Members also receive grievances. Grievances will be referred to the relevant Council staff member in the first instance and prompt action generally results in the matter being resolved satisfactorily. This procedure applies to requests for internal review of ‘higher order’ decisions of Council and Committees, its employees or other persons acting on behalf of Council as an authorised officer with delegated power. It will also apply to the review of competitive neutrality complaints. A formal request for review of a decision will initiate the process.
It is not appropriate for this procedure to be used if other specific review mechanisms are prescribed in relevant legislation, for example, the Development Act, the Local Government (Elections) Act, or the Freedom of Information Act.
Who can lodge a request for a review of a decision?
Any person who is affected by the decisions made by Council may lodge a request for internal review under this process. For example, residents, ratepayers, members of a community group, users of Council’s facilities, visitors to the area and those submitting tenders all have the right to lodge a request for review.
How can a request for a review of a decision be lodged?
Formal requests for the review of Council decisions are to be made in writing to the CEO, providing full details regarding the decision and why it is disputed. An application form is available from Customer Service staff at the Council. Assistance will be provided to applicants where necessary, including the use of an interpreter, assistance for people with a disability, or referring applicants to an advocate to help prepare a written application.
Please download the Application for Internal Review of a Council Decision form (12.7 kB).
Applications for review of decisions must be lodged within three (3) months of the date of the decision. However, in exceptional but reasonable circumstances, the CEO may agree to accept a late application, with one month being the maximum extension period.
How will a request for internal review of a Council decision be dealt with?
Principles of natural justice will be observed in dealing with all matters. All parties will have the opportunity to express their point of view, provide relevant information, and respond to issues raised. Council has a nominated Contact Officer who is responsible for dealing with the request for review of a Council decision in the first instance and who will refer each request to the CEO for action.
The Contact Officer is also responsible for keeping the applicant informed of the status of their request throughout the process.
Action by the CEO
The CEO will assess each request for internal review of a Council decision and determine the appropriate action.
Where a request relates to:
- an administrative error or issue
- a claim that a complainant has not been dealt with in a fair and equitable manner
- non compliance with a Council policy or directive
- statutory obligations
The CEO has the authority to resolve such requests.
The CEO may report to the Chairman’s Committee of Council if the request relates to an explicit policy decision of the Council or civic and ceremonial matters.
The CEO may decline to consider a request for review:
- made by a Council employee relating to an employment issue
- which appears frivolous or vexatious
- where the applicant is not seen as having a sufficient interest in the matter; or
- where alternative statutory review processes exist (in particular this applies to Development Act matters where well developed review mechanisms exist)
Examples of statutory review processes are:
- electoral issues – Local Government (Elections) Act, referred to the Electoral Commissioner.
- Development Act matters, referred to the Environment, Resource and Development Court.
- Freedom of Information requests, referred to Council’s nominated FOI Officer.
- expiation of offences – dog and parking controls
- By-Laws and orders
- Rates
- Valuation of property – Valuer General
- Declarations
- Invalid Rate
- Land use (Code of Conduct issues)
- employment related matters
- conflict of interest matters – Elected Members
- electoral sign issues – Commonwealth and State
- decisions made through delegations under other Acts, such as
- Country Fire Services Act (S40 notices), and Metropolitan Fire Service Act
- Water Resources Act
- Health and Food Act
- matters relating to HACC services, where specific complaint/review mechanisms are identified.
Competition policy issues
All complaints concerning competitive neutrality will be referred to the Internal Audit function of Council in the first instance.
The Internal Audit function, after initial examination and in consultation with the CEO, will determine whether to conduct an investigation or refer the matter to one of the Local Government Association’s panel of consultants for investigation.
How long will it take for the request for review of a Council decision to be assessed?
A request for review of a Council decision will be formally acknowledged within five working days of receipt, including advice to applicants about the expected timeframe for dealing with the matter. In most cases applications for review will be considered within 20 working days, although in some circumstances it may take longer. However, in all cases, applicants will be kept informed regarding the progress of the review, and will be advised in writing of the outcome of the review process.
If requests for review are not resolved to the satisfaction of the applicant, they will be advised of other options for review, such as the State Ombudsman, legal advice, and/or the courts.
The process adopted
The following diagram demonstrates the review processes available to the applicant for the review of Council decisions.
For further information
The Business Analyst, Risk and Audit, is the City of Salisbury’s Contact Officer for advice about the Internal Review of Council Decisions Procedure
For further information about the Procedure and other options for review, please contact the Business Analyst at the Council Office, 12 James Street, Salisbury or telephone (08) 8406 8459 or email.
Copies of the Procedure are available from the Council Office at no charge.