Town Councils Act 1988 · 2020 Revised Edition · Part 4 · Functions and Powers of Town Council
22. Secretary and other staff of Town Council
Feedback & supportLast amended by an amending law of 2017.
A Town Council must appoint an individual, including any appointed member, to be the secretary to the Town Council on such terms and conditions as the Town Council may determine who is responsible to the Town Council for the proper administration and management of the functions and affairs of the Town Council in accordance with this Act.
Town Council
“Town Council”, in relation to a Town, means the Town Council established under section 4 for that Town;
However, an individual is disqualified from being appointed under subsection (1) as, and must stop being, the secretary to a Town Council if the individual —
secretary
“secretary” means any individual appointed by a Town Council under section 22 to be the secretary to the Town Council;
is appointed under section 52(1) as the auditor of the Town Council;
is or becomes the managing agent of the Town Council; or
is in a position to exercise a significant influence over or with respect to the management or operation of the business of the managing agent of the Town Council.
The individual appointed as the secretary to a Town Council must, as soon as practicable after assuming the appointment, complete a declaration of acceptance of that appointment in the form prescribed by rules under section 82 and deliver the declaration to the Minister.
A Town Council may appoint such other staff on such terms and conditions as it may determine to assist the secretary.
However, an individual is disqualified from being appointed under subsection (4) as, and must stop being, a relevant key officer of a Town Council if the individual —
key officer
“key officer”, for a Town Council, means any of the following individuals, whether or not an employee of the Town Council:(a)the secretary to the Town Council;(b)the general manager of the Town Council, if there is one;(c)a finance manager of the Town Council (however designated);(d)an individual who is appointed a deputy to any officer in paragraph (a), (b) or (c) (however designated);(e)a chairperson of any committee of a Town Council where formed under section 45 for any of the following matters:(i)internal audit;(ii)finance;(iii)procurement of goods or services;(iv)publicity and public relations;(v)estate management;
is appointed under section 52(1) as the auditor of the Town Council;
is or becomes the managing agent of the Town Council; or
is in a position to exercise a significant influence over or with respect to the management or operation of the business of the managing agent of the Town Council.
The individual appointed as a relevant key officer of a Town Council must, as soon as practicable after assuming the appointment, complete a declaration of acceptance of that appointment in the form prescribed by rules under section 82 and deliver the declaration to the Minister.
In this section, “relevant key officer” means an individual occupying a position (however designated) of —
the general manager of the Town Council;
a finance manager of the Town Council; or
a deputy of the general manager or finance manager of the Town Council.[20