LOCAL GOVERNMENT ACT 1993 - SECT 329
Can the holder of a civic office be dismissed?
LOCAL GOVERNMENT ACT 1993 - SECT 329
Can the holder of a civic office be dismissed?
329 Can the holder of a civic office be dismissed?
(1) Any person may apply
to the Civil and Administrative Tribunal for an order that a person be
dismissed from civic office.
(2) On any such application, the Tribunal may
order the dismissal of a person from civic office--
(a) if there has been any
irregularity in the manner in which the person has been elected or appointed
to that office, or
(b) if the person is disqualified from holding civic
office.
(3) Proceedings based on the ground that there has been an
irregularity in the manner in which a person has been elected or appointed to
civic office may not be commenced more than 3 months after the date of the
person's election or appointment to that office.
(4) If the proceedings are
based on the ground that a person is disqualified from holding civic office,
the Tribunal may refuse to order the dismissal of the person from that office
if it is satisfied--
(a) that the facts and circumstances giving rise to the
disqualification are of a trifling character, and
(b) that the acts which
gave rise to that disqualification were done in good faith and without
knowledge that the person would incur disqualification by doing those acts.
(5) Subsection (4) does not apply to a person who is disqualified from holding
civic office by a decision of the Governor under section 440B.
