Legislation for local government Print E-mail

Local Government Act 2009

The Local Government Act 2009 came into operation from 1 July 2010.

The Act is the result of the review of the Local Government Act 1993.

Regulations of the Local Government Act 2009

Why the Local Government Act 1993 was reviewed

The review of the Local Government Act 1993 is an important part of the Queensland Government’s Local Government Reform Program. This program addresses four key components - legislative reform, structural reform, performance management and capacity building.

The new Local Government Act is easy to read, removes prescription and recognises the diversity of local governments across Queensland. It applies to all local governments - urban, rural, remote, Aboriginal and Torres Strait Island councils.

Benefits of the new Act

The benefits include:
  • modern and flexible legislation that is simpler to use
  • stronger, more sustainable and capable local governments
  • more efficient delivery of services
  • improved accountability and transparency of councils to their communities
  • clearer roles and responsibilities for councillors
  • increased opportunities for new enterprises and partnership
  • better guidance on financial planning and reporting.

Major changes in the new legislation

Changes to the legislation include:

  • support for new structural arrangements
  • Indigenous councils
  • consideration of Aboriginal traditions and Island custom by all councils
  • consideration of the revitalised local government system
  • simplified language.

City of Brisbane Act 2010

The new City of Brisbane Act 2010 also commenced on 1 July 2010 and replaces the City of Brisbane Act 1924. It provides contemporary governance of Brisbane City Council.

The City of Brisbane Act 2010 is supported by three regulations:

  • The City of Brisbane (Beneficial Enterprises and Business Activities) Regulation 2010 provides for Brisbane City Council beneficial enterprises and business reform processes for Brisbane City Council business activities.
  • The City of Brisbane (Finance, Plans and Reporting) Regulation 2010 provides for rates and financial sustainability and accountability requirements for Brisbane City Council.
  • The City of Brisbane (Operations) Regulation 2010 provides for operational matters of Brisbane City Council such as local laws, council meetings and boundary changes.

The regulations can be accessed from the OQPC website.

Local Government Electoral Act 2011

The new Local Government Electoral Act 2011 (the Act) commenced on Thursday 1 September 2011. It provides for the transparent conduct of elections of councillors to Queensland's local governments.

The Act consolidates the current local government electoral provisions from four legislative instruments to one, reducing the legislative burden.

While the Act maintains the best parts of current systems of electing local councils, it also adds more flexibility, transparency and integrity to the voting process. It is user-friendly for candidates and the community, and practitioner-friendly for councils and electoral officers.

A key feature of the Act is moving the responsibility for the conduct and administration of all local government elections to the Electoral Commission Queensland. This creates an independent central point of coordination and administration to ensure community expectations of efficiency, transparency and integrity in electoral arrangements are met.

The next local government election is scheduled for 28 April 2012.

Further information

A fact sheet summarising changes (PDF icon 103 KB) to the Act, and what stays the same, has been developed by the department.

A copy of this Act and explanatory notes are available online.

Last Updated on Wednesday, 28 March 2012 12:37