TAS LOCAL GOVT ACT NOTES

 

Local Government Act 1993

Version current from 1 July 2025 to date (accessed 29 April 2026 at 13:04) 

65.   Qualified persons

(1)  A general manager must ensure that any advice, information or recommendation given to the council or a council committee is given by a person who has the qualifications or experience necessary to give such advice, information or recommendation.

(2)  A council or council committee is not to decide on any matter which requires the advice of a qualified person without considering such advice unless –

(a) the general manager certifies, in writing –

(i) that such advice was obtained; and

(ii) that the general manager took the advice into account in providing general advice to the council or council committee; and

(b) a copy of that advice or, if the advice was given orally, a written transcript or summary of that advice is provided to the council or council committee with the general manager's certificate.

62.   Functions and powers of general manager

(1)  The general manager has the following functions:

(a) to implement the policies, plans and programs of the council;

(b) to implement the decisions of the council;

(c) to be responsible for the day-to-day operations and affairs of the council;

(d) to provide advice and reports to the council on the exercise and performance of its powers and functions and any other matter requested by the council;

(e) to assist the council in the preparation of the strategic plan, annual plan, annual report and assessment of the council's performance against the plans;

(f) to coordinate proposals for the development of objectives, policies and programs for the consideration of the council;

(g) to liaise with the mayor on the affairs of the council and the performance of its functions;

(h) to manage the resources and assets of the council;

(i) to perform any other function the council decides.

(2)  The general manager may do anything necessary or convenient to perform his or her functions under this or any other Act.

FROM LEGAT''S MAYOR'S HANDBOOK ... https://www.lgat.tas.gov.au/__data/assets/pdf_file/0037/899281/Mayors-manual-Links-Updated-May-21.pdf

Functions of the mayor  Section 27 of the Act sets out the additional functions of the mayor: 

• (a) to act as a leader of the community of the municipal area; and 
• (b) to carry out the civic and ceremonial functions of the mayoral office; and 
• (c) to promote good governance by, and within, the council; and 
• (d) to act as chairperson of the council and to chair meetings of the council in a manner that supports decision-making processes; and 
• (e) to act as the spokesperson of the council; and 
• (f) to represent the council on regional organisations and at intergovernmental forums at regional, state and federal levels; and 
• (g) to lead and participate in the appointment, and the monitoring of the performance, of the general manager; and 
• (h) to liaise with the general manager on – (i) the activities of the council and the performance and exercise of its functions and powers; and (ii) the activities of the general manager and the performance and exercise of his or her functions and powers in supporting the council; and 
• (i) any function imposed by an order under section 27A ; and (j) any other function imposed by this or any other Act. 

Whilst these may appear simple statements, there is no doubt that the role of mayor is complex and calls on a wide range of skills. Mayors also have functions and rights as elected members (e.g. voting at meetings), and the balancing of these two roles may be problematic on occasions.