LOCAL GOVERNMENT ACT 1993 - SECT 255 Governor may dismiss mayor and councillors

LOCAL GOVERNMENT ACT 1993 - SECT 255

255 Governor may dismiss mayor and councillors

(1) The Governor may, by proclamation, declare all civic offices in relation to a council to be vacant if--

(a) a public inquiry concerning the council has been held, and

(b) the Minister has recommended that the Governor make such a declaration.

(1A) The Minister may recommend that the Governor make such a declaration only--

(a) after considering the results of the public inquiry, or

(b) if the Minister decides to issue a performance improvement order to the council in response to the results of the public inquiry--after issuing the order and considering whether the council has complied with the order.

(2) The Governor may, by proclamation, declare all civic offices in relation to a council to be vacant if the Independent Commission Against Corruption, in a report referred to in section 74C of the Independent Commission Against Corruption Act 1988 , recommends that consideration be given to the making of such a declaration because of systemic corruption within the council.

(3) If the Independent Commission Against Corruption makes such a recommendation, all civic offices in relation to the council may be declared vacant under subsection (2) without the holding of a public or other inquiry concerning the council. However, the making of such a recommendation does not preclude the holding of a public or other inquiry.

(4) For the purposes of this Act, a council is
"dismissed" if the Governor declares all civic offices in relation to the council to be vacant.