Variation Regulations released for Local Government Association Mutual Liability Scheme
Published Friday, 3 July 2020
New Variations have been released to support arrangements that are being put in place by the Local Government Association (LGA) and the Local Government Association Mutual Liability Scheme (MLS) to provide indemnity for members of council assessment panels, joint planning board assessment panels and regional assessment panels, as well as assessment managers appointed to assist such panels.
In addition, since the introduction of the Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019, the LGA and the MLS have advised further regulatory refinements to clearly outline the allocation of liability of assessment panels.
The LGA and the MLS were consulted on the proposed 2020 Variation Regulations being made. Variation Regulations are:
- the Planning, Development and Infrastructure (General) (Mutual Liability Scheme) Variation Regulations 2020, will now vary the Planning, Development and Infrastructure (General) Regulations 2017, under the Planning, Development and Infrastructure Act 2016
- the Planning, Development and Infrastructure (Accredited Professional) (Mutual Liability Scheme) Variation Regulations 2020, will ensure that the coverage provided by an indemnity scheme will satisfy the requirement for accredited professionals (the majority of members of panels will be accredited professionals) to be insured for their duties as an assessment panel member.
These new Variation Regulations are now publicly available and will address issues of liability of assessment panel members when discharging their functions as panel members and is an important step towards the establishment of panels in time for the commencement of Phase Two (Rural Areas) of the Planning and Design Code.
Further Information
Regulations will be updated on www.legislation.sa.gov.au when available.
