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This is a Bill, not an Act. For current law, see the Acts databases.
Local Government Amendment
(Discipline) Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Local Government Act 1993 No 30 2
4 Amendment of Independent Commission Against
Corruption Act 1988 No 35 2
Schedule 1 Amendments relating to discipline 3
Schedule 2 Other amendments 17
Schedule 3 Consequential amendments 20
Schedule 4 Consequential amendment of Independent Commission
Against Corruption Act 1988 23
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2004
New South Wales
Local Government Amendment
(Discipline) Bill 2004
Act No , 2004
An Act to amend the Local Government Act 1993 in relation to the discipline of
councillors, council staff and other persons, and in relation to other matters; to
make consequential amendments; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Local Government Amendment (Discipline) Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Local Government Amendment (Discipline)
Act 2004.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Local Government Act 1993 No 30
The Local Government Act 1993 is amended as set out in
Schedules 13.
4 Amendment of Independent Commission Against Corruption
Act 1988 No 35
The Independent Commission Against Corruption Act 1988 is
amended as set out in Schedule 4.
Page 2
Local Government Amendment (Discipline) Bill 2004
Amendments relating to discipline Schedule 1
Schedule 1 Amendments relating to discipline
(Section 3)
[1] Section 248A
Omit the section. Insert instead:
248A Annual fees or other remuneration not to be paid during period
of suspension
A council must not at any time pay any fee or other
remuneration, to which a councillor would otherwise be
entitled as the holder of a civic office, in respect of any period
during which:
(a) the councillor is suspended from civic office under this
Act, or
(b) the councillor's right to be paid any fee or other
remuneration is suspended under this Act,
unless another provision of this Act specifically authorises
payment to be made, or specifically permits a person to
authorise payment to be made, when the suspension is
terminated.
[2] Section 435 Surcharging by Departmental representative
Omit "culpable" from section 435 (2) (a).
[3] Section 440
Omit the section. Insert instead:
440 Codes of conduct
(1) The regulations may prescribe a model code of conduct (the
model code) applicable to councillors, members of staff of
councils and delegates of councils.
(2) Without limiting what may be included in the model code, the
model code may:
(a) relate to any conduct (whether by way of act or
omission) of a councillor, member of staff or delegate
in carrying out his or her functions that is likely to bring
the council or holders of civic office into disrepute, and
Page 3
Local Government Amendment (Discipline) Bill 2004
Schedule 1 Amendments relating to discipline
(b) in particular, contain provisions for or with respect to
conduct specified in Schedule 6A.
(3) A council must adopt a code of conduct (the adopted code)
that incorporates the provisions of the model code. The
adopted code may include provisions that supplement the
model code.
(4) A council's adopted code has no effect to the extent that it is
inconsistent with the model code as in force for the time
being.
(5) Councillors, members of staff and delegates of a council must
comply with the applicable provisions of:
(a) the council's adopted code, except to the extent of any
inconsistency with the model code as in force for the
time being, and
(b) the model code as in force for the time being, to the
extent that:
(i) the council has not adopted a code of conduct, or
(ii) the adopted code is inconsistent with the model
code, or
(iii) the model code contains provisions or
requirements not included in the adopted code.
(6) A provision of a council's adopted code is not inconsistent
with the model code merely because the provision makes a
requirement of the model code more onerous for persons
required to observe the requirement.
(7) A council must, within 12 months after each ordinary
election, review its adopted code and make such adjustments
as it considers appropriate and as are consistent with this
section.
(8) Nothing in this section or such a code gives rise to, or can be
taken into account in, any civil cause of action, but nothing in
this section affects rights or liabilities arising apart from this
section.
Page 4
Local Government Amendment (Discipline) Bill 2004
Amendments relating to discipline Schedule 1
[4] Chapter 14, Part 1, Division 3
Insert after section 440E:
Division 3 Misbehaviour
440F Definitions
(1) In this Division:
misbehaviour of a councillor means any of the following:
(a) a contravention by the councillor of this Act or the
regulations,
(b) a failure by the councillor to comply with an applicable
requirement of a code of conduct as required under
section 440 (5),
(c) an act of disorder committed by the councillor at a
meeting of the council or a committee of the council,
but does not include a contravention of the disclosure
requirements of Part 2.
Note. A contravention of the disclosure requirements of Part 2 is dealt
with under other provisions of this Chapter.
(2) A reference in this Division to misbehaviour or an incident of
misbehaviour includes a reference to misbehaviour that
consists of an omission or failure to do something.
440G Formal censure of councillor for misbehaviour
(1) A council may by resolution at a meeting formally censure a
councillor for misbehaviour.
(2) A formal censure resolution may not be passed except by a
motion to that effect of which notice has been duly given in
accordance with regulations made under section 360 and, if
applicable, the council's code of meeting practice.
(3) A council may pass a formal censure resolution only if it is
satisfied that the councillor has misbehaved on one or more
occasions.
(4) The council must specify in the formal censure resolution the
grounds on which it is satisfied that the councillor should be
censured.
Page 5
Local Government Amendment (Discipline) Bill 2004
Schedule 1 Amendments relating to discipline
(5) A motion for a formal censure resolution may, without
limitation, be moved on the report of a committee of the
council and any such report must be recorded in the minutes
of the meeting of the council.
440H How is the process for suspension of a councillor for
misbehaviour initiated?
(1) The process for the suspension of a councillor from civic
office is initiated by:
(a) a request made by the council by resolution
communicated to the Director-General, in which the
council states its belief that grounds may exist that
warrant the councillor's suspension, or
(b) a request made by the Director-General to the council
for a report from the council in relation to the
councillor's alleged misbehaviour, or
(c) a report made by the Independent Commission Against
Corruption or the Ombudsman, in which the
Commission or the Ombudsman states that the
Commission or Ombudsman is satisfied that grounds
exist that warrant the councillor's suspension.
(2) The council must make a report to the Director-General
requested under subsection (1) (b) before the date specified in
the Director-General's request or any later date allowed by
the Director-General.
(3) This section authorises such requests and reports to be made,
and a reference in this section to a report made by the
Independent Commission Against Corruption or the
Ombudsman is a reference to a report made to the Director-
General under the authority of this subsection or under any
other provisions of this or any other Act.
(4) Nothing in this section affects any function under any other
provisions of this or any other Act that authorises the making
of a report or recommendation concerning suspension of a
councillor from civic office.
Page 6
Local Government Amendment (Discipline) Bill 2004
Amendments relating to discipline Schedule 1
440I What are the grounds on which a councillor may be
suspended?
(1) The grounds on which a councillor may be suspended from
civic office under this Division are that:
(a) the councillor's behaviour has:
(i) been disruptive over a period, and
(ii) involved more than one incident of misbehaviour
during that period,
and the pattern of behaviour during that period is of
such a sufficiently serious nature as to warrant the
councillor's suspension, or
(b) the councillor's behaviour has involved one incident of
misbehaviour that is of such a sufficiently serious
nature as to warrant the councillor's suspension.
(2) The process for the suspension of a councillor from civic
office cannot be initiated by a request made by the council
unless:
(a) where subsection (1) (a) applies--the councillor has:
(i) on two or more occasions been formally censured
for incidents of misbehaviour that occurred
during the period concerned, or
(ii) on at least one occasion been expelled from a
meeting of the council or a committee of the
council for an incident of misbehaviour during
the period concerned, or
(b) where subsection (1) (b) applies--the councillor has:
(i) been formally censured for the incident of
misbehaviour concerned, or
(ii) been expelled from a meeting of the council or a
committee of the council for the incident of
misbehaviour concerned.
(3) Subsection (2) does not affect the Director-General's power
to initiate the process for the suspension of a councillor from
civic office.
(4) Furthermore, subsection (2) does not prevent the Director-
General from initiating the process for the suspension of a
councillor from civic office as a result of a request or report
referred to in section 440H.
Page 7
Local Government Amendment (Discipline) Bill 2004
Schedule 1 Amendments relating to discipline
440J How are requests and reports dealt with?
(1) The Director-General may arrange for a departmental report
to be prepared into the matters raised by or connected with a
request or report referred to in section 440H.
(2) The Director-General may authorise a member of the staff of
the Department to conduct an investigation into any or all of
those matters to assist in the preparation of the departmental
report.
(3) The preparation of a departmental report is a prerequisite to a
decision by the Director-General to suspend the councillor
from office, but is not necessary if the Independent
Commission Against Corruption or the Ombudsman states in
a report that the Commission or Ombudsman is satisfied that
grounds exist that warrant the councillor's suspension.
(4) In this Division, departmental report means a report prepared
by a person authorised by the Director-General to do so.
440K Suspension by Director-General for misbehaviour
(1) The Director-General may by order in writing suspend a
councillor from civic office for a period not exceeding one
month:
(a) if the Director-General has considered a departmental
report into the matters concerned and is satisfied that
grounds exist that warrant the councillor's suspension,
or
(b) if the Independent Commission Against Corruption or
the Ombudsman states in a report that the Commission
or Ombudsman is satisfied that grounds exist that
warrant the councillor's suspension.
(2) A copy of the order must be served on the councillor.
(3) A councillor, while suspended from civic office under this
section:
(a) is not entitled to exercise any of the functions of the
civic office, and
(b) is not entitled to any fee or other remuneration to which
he or she would otherwise be entitled as the holder of
the civic office.
Page 8
Local Government Amendment (Discipline) Bill 2004
Amendments relating to discipline Schedule 1
440L When does an order of suspension take effect?
The period of suspension under an order made by the
Director-General commences on the date 7 days after the
service of the order on the councillor or the date specified in
the order for the commencement of the period of suspension,
whichever is the later.
440M Appeals against suspension
(1) A councillor against whom an order of suspension is made by
the Director-General may appeal against the order to the
Pecuniary Interest and Disciplinary Tribunal.
(2) Such an appeal may not be made more than 28 days after the
date the order was served on the councillor.
(3) The Tribunal may stay the order of suspension until such time
as the Tribunal determines the appeal.
(4) The Tribunal may:
(a) confirm the order, or
(b) quash the order, or
(c) amend the order consistently with the powers of the
Director-General.
(5) If the order is quashed, any fee or other remuneration
withheld is payable to the councillor.
(6) If the order is amended, the order as amended has effect as if
it had been made in that form by the Director-General.
(7) The regulations may make provision for or with respect to the
making, hearing and determination of appeals under this
section.
440N Referral of matters to Pecuniary Interest and Disciplinary
Tribunal
(1) The Director-General may refer a matter that is the subject of
a request or report referred to in section 440H for
consideration by the Pecuniary Interest and Disciplinary
Tribunal instead of suspending the councillor concerned
under this Division.
Page 9
Local Government Amendment (Discipline) Bill 2004
Schedule 1 Amendments relating to discipline
(2) However, a matter that is the subject of a request by a council
may not be referred to the Tribunal unless the councillor
concerned has previously been suspended under this Chapter
for misbehaviour.
(3) The preparation and consideration of a departmental report is
not a prerequisite to a decision by the Director-General to
refer a matter to the Tribunal, but the Director-General may
take into consideration a departmental report into the matter if
one is prepared.
(4) A matter is referred to the Tribunal under this section by
means of a report presented to the Tribunal by the Director-
General. A report may contain or be accompanied by such
material and observations as the Director-General thinks fit.
(5) The regulations may make provision for or with respect to the
reference of matters to the Tribunal under this section.
440O Are there alternatives to suspension or referral to Pecuniary
Interest and Disciplinary Tribunal?
(1) The Director-General may, after considering a request or
report made under section 440H and any relevant
departmental report prepared under section 440J, decide to
take no further action on the request or report, whether or not
a departmental investigation or departmental report has been
authorised, started or completed, if satisfied that no further
action is warranted.
(2) The Director-General may, instead of suspending a councillor
from civic office under this Division or referring the matter to
the Pecuniary Interest and Disciplinary Tribunal, refer the
matter to the council with recommendations as to how the
council might resolve the matter, by alternative dispute
resolution or otherwise.
440P Expenses to be borne by council
(1) The Director-General may recover the reasonable expenses
incurred by or in respect of the Department in considering and
dealing with a request made by a council under section 440H
from the council, including the expenses of any departmental
investigation and departmental report into the matters raised
by or connected with the request.
Page 10
Local Government Amendment (Discipline) Bill 2004
Amendments relating to discipline Schedule 1
(2) The Director-General may make a determination of the
amount of the expenses referred to in subsection (1) and serve
a notice on the council requiring the amount so determined be
paid in recovery of the Department's expenses.
(3) An amount equal to the expenses as so determined is payable
to the Department as a debt by the council concerned, except
as determined by the Director-General.
(4) The council may apply to the Administrative Decisions
Tribunal for a review of whether any part of the expenses so
determined are not reasonable expenses.
(5) The Director-General must give effect to any decision of the
Tribunal on a review of the determination of the amount of the
expenses.
(6) A reference in this section to expenses incurred includes a
reference to remuneration paid to departmental staff.
440Q Reasons to be given
(1) The Director-General is required to prepare a written
statement of reasons for:
(a) imposing or deciding not to impose a period of
suspension, or
(b) referring a matter to the Pecuniary Interest and
Disciplinary Tribunal.
(2) The statement of reasons is to be provided to the council and
councillor concerned.
[5] Chapter 14, Part 3, Division 2, heading
Omit "Tribunal".
Insert instead "and Disciplinary Tribunal--pecuniary interest
matters".
Page 11
Local Government Amendment (Discipline) Bill 2004
Schedule 1 Amendments relating to discipline
[6] Chapter 14, Part 3, Division 3
Insert after section 470:
Division 3 Proceedings before the Pecuniary Interest
and Disciplinary Tribunal--misbehaviour
matters
470A Pecuniary Interest and Disciplinary Tribunal to decide whether
or not to conduct proceedings into a referred matter relating to
misbehaviour
(1) After considering a report presented to it under section 440N
in relation to a referred matter, the Pecuniary Interest and
Disciplinary Tribunal may decide to conduct proceedings into
the matter.
(2) If the Pecuniary Interest and Disciplinary Tribunal decides
not to conduct proceedings into a referred matter, it must
provide a written statement of its decision, and the reasons for
its decision:
(a) to the councillor to whom the report relates, and
(b) to the council concerned, and
(c) to the Director-General.
(3) To avoid doubt, a decision by the Pecuniary Interest and
Disciplinary Tribunal not to conduct proceedings into a
referred matter is not a decision to which section 484 or 485
applies.
470B Circumstances in which Pecuniary Interest and Disciplinary
Tribunal may dispense with hearing
(1) After considering a report presented to it under section 440N
and any other document or other material lodged with or
provided to the Tribunal in relation to the report, the
Pecuniary Interest and Disciplinary Tribunal may determine
the proceedings without a hearing if:
(a) the Director-General and the councillor to whom the
report relates have agreed that the proceedings may be
determined without a hearing, and
(b) there are no material facts in dispute between the
Director-General and the councillor, and
Page 12
Local Government Amendment (Discipline) Bill 2004
Amendments relating to discipline Schedule 1
(c) in the opinion of the Tribunal, public interest
considerations do not require a hearing.
(2) To avoid doubt, a decision by the Pecuniary Interest and
Disciplinary Tribunal to determine proceedings in a referred
matter without a hearing is a decision to which sections 484
and 485 apply.
[7] Chapter 14, Part 3, Division 4, heading
Insert before section 471:
Division 4 Proceedings before the Pecuniary Interest
and Disciplinary Tribunal--general
provisions
[8] Section 478 Additional complaints
Insert after section 478 (4):
(5) This section does not apply to proceedings in relation to a
matter referred to the Pecuniary Interest and Disciplinary
Tribunal under section 440N.
[9] Section 480 Release of information
Insert "in the case of proceedings in relation to a complaint--" before
"direct" in section 480 (1) (a) and (b) wherever occurring.
[10] Section 480 (1)
Insert at the end of section 480 (1) (b):
, or
(c) in the case of proceedings in relation to a matter
referred to the Tribunal under section 440N--direct
that all or any of the following matters are not to be
published:
· the name and address of any witness
· the name and address of the councillor to whom
the referred matter relates
· any specified evidence
· the subject-matter of the referred matter.
Page 13
Local Government Amendment (Discipline) Bill 2004
Schedule 1 Amendments relating to discipline
[11] Section 480 (3) (b)
Insert "or the councillor to whom the referred matter relates," after
"made,".
[12] Section 482 Decision of Pecuniary Interest and Disciplinary
Tribunal--pecuniary interest matters
Insert at the end of section 482 (1) (d):
, or
(e) suspend the councillor's right to be paid any fee or other
remuneration, to which the councillor would otherwise
be entitled as the holder of the civic office, in respect of
a period not exceeding 6 months (without suspending
the councillor from civic office for that period).
[13] Section 482A
Insert after section 482:
482A Decision of Pecuniary Interest and Disciplinary Tribunal--
misbehaviour matters
(1) This section applies where a matter has been referred to the
Pecuniary Interest and Disciplinary Tribunal under section
440N.
(2) The Tribunal may, if it finds that the behaviour concerned
warrants action under this section:
(a) counsel the councillor, or
(b) reprimand the councillor, or
(c) suspend the councillor from civic office for a period not
exceeding 6 months, or
(d) suspend the councillor's right to be paid any fee or other
remuneration, to which the councillor would otherwise
be entitled as the holder of the civic office, in respect of
a period not exceeding 6 months (without suspending
the councillor from civic office for that period).
Page 14
Local Government Amendment (Discipline) Bill 2004
Amendments relating to discipline Schedule 1
[14] Section 484 Pecuniary Interest and Disciplinary Tribunal to
provide details of its decisions
Insert "(or to the relevant council in the case of a matter that has been
referred to the Tribunal under section 440N)" after "complaint" in section
484 (1).
[15] Section 485 Appeals to Supreme Court
Insert ", other than a decision of the Tribunal determining an appeal to the
Tribunal under section 440M" after "the proceeding" in section 485 (1).
[16] Chapter 14, Part 5
Insert after section 490:
Part 5 Miscellaneous
490A Acts of disorder
For the purposes of this Chapter and Schedule 6A, a
councillor commits an act of disorder if the councillor, at a
meeting of the council or a committee of the council, does
anything that is prescribed by the regulations as an act of
disorder for the purposes of this Chapter and Schedule 6A.
490B Certain regulations not affected
Nothing in this Chapter affects any regulations made, or the
power to make regulations, with respect to the conduct of
meetings of a council or a committee of a council, and in
particular with respect to:
(a) the keeping of order at any such meetings, or
(b) censuring a councillor in connection with a breach of a
council's code of meeting practice.
[17] Section 674 Remedy or restraint of breaches of this Act--other
persons
Insert after the note at the end of section 674 (4):
(5) Subsection (1) does not apply in relation to anything done or
omitted to be done under Division 3 of Part 1 of Chapter 14.
Note. Section 440M confers a right of appeal to the Pecuniary Interest
and Disciplinary Tribunal against an order of suspension of a councillor
under Division 3 of Part 1 of Chapter 14.
Page 15
Local Government Amendment (Discipline) Bill 2004
Schedule 1 Amendments relating to discipline
[18] Schedule 6A
Insert after Schedule 6:
Schedule 6A Code of conduct
(Section 440)
Conduct that contravenes all or specified provisions of this
1
Act or the regulations in all or specified circumstances
Conduct that is detrimental to the pursuit of the charter of a
2
council
Improper or unethical conduct
3
Abuse of power and other misconduct
4
Action causing, comprising or involving any of the following:
5
(a) intimidation, harassment or verbal abuse
(b) discrimination, disadvantage or adverse treatment in
relation to employment
(c) prejudice in the provision of a service to the community
Conduct of a councillor causing, comprising or involving any
6
of the following:
(a) directing or influencing, or attempting to direct or
influence, a member of the staff of the council or a
delegate of the council in the exercise of the functions
of the member or delegate
(b) an act of disorder committed by the councillor at a
meeting of the council or a committee of the council
Page 16
Local Government Amendment (Discipline) Bill 2004
Other amendments Schedule 2
Schedule 2 Other amendments
(Section 3)
[1] Section 352
Omit the section. Insert instead:
352 Independence of staff for certain purposes
(1) A member of staff of a council is not subject to direction by
the council or by a councillor as to the content of any advice
or recommendation made by the member.
(2) This section does not prevent the council or the mayor from
directing the general manager of the council to provide advice
or a recommendation.
[2] Section 734A
Insert after section 734:
734A Preliminary enquiries by Director-General
(1) The Director-General may make preliminary enquiries for the
purpose of deciding whether to exercise any of his or her
powers of investigation under this Act or powers to authorise
an investigation under this Act.
(2) The enquiries may be made whether or not a complaint has
been made under this Act in connection with any matter to
which the enquiries relate.
[3] Schedule 4 Local Government Pecuniary Interest and Disciplinary
Tribunal
Insert after clause 2 (2):
(2A) If so requested by the member, the member's deputy may, if
available, act in the place of the member in connection with a
particular matter when the member is not absent. For this
purpose, the affairs of the Pecuniary Interest and Disciplinary
Tribunal may be conducted concurrently in two divisions.
[4] Schedule 4, clause 2 (3)
Omit "so acting". Insert instead "acting under this clause".
Page 17
Local Government Amendment (Discipline) Bill 2004
Schedule 2 Other amendments
[5] Schedule 8 Savings, transitional and other provisions consequent
on the enactment of other Acts
Insert at the end of clause 1 (1):
Local Government Amendment (Discipline) Act 2004
[6] Schedule 8
Insert at the end of the Schedule with appropriate Part and clause numbers:
Part Provisions consequent on enactment of
Local Government Amendment
(Discipline) Act 2004
Meaning of "amending Act"
In this Part, amending Act means the Local Government
Amendment (Discipline) Act 2004.
Surcharging
The amendment made to section 435 (2) by the amending Act
applies only to alleged negligence or misconduct occurring or
committed after the commencement of the amendment.
Local Government Pecuniary Interest and Disciplinary
Tribunal
On and from the commencement of the amendment made to
section 487 by the amending Act:
(a) the Local Government Pecuniary Interest Tribunal
established under section 487 immediately before that
commencement continues in existence and is to be
known as the Local Government Pecuniary Interest and
Disciplinary Tribunal, and
(b) the person holding office as the Local Government
Pecuniary Interest Tribunal immediately before that
commencement continues in office, subject to
Schedule 4, as the Local Government Pecuniary
Interest and Disciplinary Tribunal for the balance of the
term of office for which he or she was appointed, and
Page 18
Local Government Amendment (Discipline) Bill 2004
Other amendments Schedule 2
(c) a person holding office as the deputy of the member
immediately before that commencement continues in
office, subject to Schedule 4, on the same terms and
conditions as those applicable immediately before that
commencement, and
(d) any matters or proceedings pending before the Local
Government Pecuniary Interest Tribunal immediately
before that commencement are not affected by the
enactment or commencement of the amending Act and
are to continue to be dealt with by the Local
Government Pecuniary Interest and Disciplinary
Tribunal, and
(e) a reference in any other Act, in any instrument made
under an Act or in any other document to the Local
Government Pecuniary Interest Tribunal is to be read as
a reference to the Local Government Pecuniary Interest
and Disciplinary Tribunal.
Misbehaviour
Division 3 of Part 1 of Chapter 14, as inserted by the
amending Act, applies to misbehaviour occurring after but not
before the earlier of the commencement of that Division or the
commencement of the first provisions of that Division to
commence.
Page 19
Local Government Amendment (Discipline) Bill 2004
Schedule 3 Consequential amendments
Schedule 3 Consequential amendments
(Section 3)
[1] Section 12 What information is publicly available?
Omit "the council's code of conduct" from section 12 (1).
Insert instead "the model code prescribed under section 440 (1) and the
code of conduct adopted by the council under section 440 (3)".
[2] Section 329 Can the holder of a civic office be dismissed?
Insert "and Disciplinary" after "Pecuniary Interest" in section 329 (5).
[3] Section 372 Rescinding or altering resolutions
Insert "regulations made under section 360 and, if applicable," after "in
accordance with" in section 372 (1).
[4] Section 372 (6)
Insert "of the meeting of the council" after "minutes".
[5] Chapter 14, Introduction
Omit "requires councils to adopt a code of conduct".
Insert instead "provides for the adoption of codes of conduct".
[6] Chapter 14, Introduction
Insert "and Disciplinary" after "Pecuniary Interest".
[7] Sections 465 and 468
Insert "and Disciplinary" after "Pecuniary Interest" wherever occurring.
[8] Sections 469 Pecuniary Interest and Disciplinary Tribunal to
decide whether or not to conduct proceedings into a complaint
Insert "and Disciplinary" after "Pecuniary Interest" wherever occurring.
[9] Section 470 Circumstances in which Pecuniary Interest and
Disciplinary Tribunal may dispense with hearing
Insert "and Disciplinary" after "Pecuniary Interest" wherever occurring in
the section and the note to the section.
Page 20
Local Government Amendment (Discipline) Bill 2004
Consequential amendments Schedule 3
[10] Sections 471486
Insert "and Disciplinary" after "Pecuniary Interest" wherever occurring.
[11] Chapter 14, Part 3, Division 2, flowchart (after section 486)
Omit "Tribunal" from the heading.
Insert instead "and Disciplinary Tribunal--pecuniary interest
matters".
[12] Chapter 14, Part 3, Division 2, flowchart
Insert "and Disciplinary" after "Pecuniary Interest" where secondly
occurring.
[13] Chapter 14, Part 3, Division 2, flowchart
Insert below the matter relating to "· disqualify for up to 5 years":
· suspend right to be paid for up to 6 months
[14] Chapter 14, Part 4, heading
Insert "and Disciplinary" after "Pecuniary Interest".
[15] Sections 487490
Insert "and Disciplinary" after "Pecuniary Interest" wherever occurring.
[16] Section 673 Remedy or restraint of breaches of this Act--the
Minister, the Director-General and councils
Insert "and Disciplinary" after "Pecuniary Interest" in the note to the
section.
[17] Section 674 Remedy or restraint of breaches of this Act--other
persons
Insert "and Disciplinary" after "Pecuniary Interest" in the note to the
section.
[18] Schedule 4 Local Government Pecuniary Interest and Disciplinary
Tribunal
Insert "and Disciplinary" after "Pecuniary Interest" in clause 1.
Page 21
Local Government Amendment (Discipline) Bill 2004
Schedule 3 Consequential amendments
[19] Dictionary
Omit the definition of Pecuniary Interest Tribunal. Insert instead:
Pecuniary Interest and Disciplinary Tribunal means the
Local Government Pecuniary Interest and Disciplinary
Tribunal established under this Act.
Page 22
Local Government Amendment (Discipline) Bill 2004
Consequential amendment of Independent Commission Against Corruption Schedule 4
Act 1988
Schedule 4 Consequential amendment of Independent
Commission Against Corruption Act 1988
(Section 4)
Section 9 Limitation on nature of corrupt conduct
Insert after section 9 (5):
(6) A reference to a disciplinary offence in this section and
sections 74A and 74B includes a reference to a substantial
breach of an applicable requirement of a code of conduct
required to be complied with under section 440 (5) of the
Local Government Act 1993, but does not include a reference
to any other breach of such a requirement.
Page 23
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