Councils must follow a process

Local coun­cils can issue orders and notices to enforce laws and reg­u­la­tions that impact their com­mu­ni­ty. Orders are writ­ten direc­tions that require the recip­i­ent to take a spe­cif­ic action in response to an alleged offense. 

Here are some things to know about local coun­cil orders and respons­es:
  • Process

    Coun­cils must fol­low a process when issu­ing an order, includ­ing pro­vid­ing a Notice of Inten­tion to issue the order and giv­ing the recip­i­ent a chance to make sub­mis­sions. Coun­cils must also pro­vide rea­sons for the order. 

  • Response

    A show cause notice is a for­mal doc­u­ment that gives the recip­i­ent a min­i­mum of 20 busi­ness days to respond to the alle­ga­tions. The recip­i­ent can request addi­tion­al time if there are valid cir­cum­stances. 

  • Enforce­ment

    Coun­cils can take a vari­ety of actions to enforce an order, includ­ing issu­ing a penal­ty infringe­ment notice, insti­tut­ing legal pro­ceed­ings, or serv­ing a notice. The spe­cif­ic action tak­en depends on the cir­cum­stances and the seri­ous­ness of the alleged offense. 

  • Appeal­ing

    A build­ing order is final unless the own­er appeals to the Build­ing Appeals Board with­in 30 days of receiv­ing the order. An expe­ri­enced con­struc­tion lawyer can help with the appeal process. 

  • Con­tact­ing the coun­cil
    If you are unsat­is­fied with the coun­cil’s response, you can con­tact the Gen­er­al Man­ag­er. You can find the Gen­er­al Man­ager’s con­tact infor­ma­tion in the Local Gov­ern­ment Direc­to­ry. 
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