LOCAL GOVERNMENT ACT 1993 - SECT 438HA Enforcement of performance improvement order against councillor

LOCAL GOVERNMENT ACT 1993 - SECT 438HA

438HA Enforcement of performance improvement order against councillor

(1) The Departmental Chief Executive may (and must at the request of the Minister) arrange for a departmental report to be prepared as to whether a councillor has failed to take action as required by a performance improvement order.

(2) The Minister may, on receipt of a departmental report finding that a councillor has failed to take action as required by a performance improvement order, issue a compliance order to the councillor.

(3) A compliance order--

(a) must identify the action that the councillor is required to take by a performance improvement order but has failed to take, and

(b) must, if the councillor is to be allowed to use council facilities, or be paid any amount, for the purposes of the councillor taking that action, specify the extent to which the councillor may use council facilities or the amount that may be paid (as the case requires), and

(c) must specify the period (not exceeding 3 months) for which it is to remain in force.

(4) The Minister may, by written notice to the councillor, extend the period for which a compliance order remains in force, but not so that the order remains in force for a total period of more than 6 months.

(5) Before issuing a compliance order to a councillor, the Minister is to--

(a) give the councillor written notice--

(i) specifying the action that the councillor has failed to take as required by a performance improvement order, and

(ii) specifying that the Minister proposes to issue a compliance order to the councillor, and

(iii) inviting the councillor to make submissions within a specified period (of not less than 7 days) about why the order should not be made, and

(b) consider any submissions made by the councillor in accordance with the notice.

(6) The Minister is to withdraw a compliance order if satisfied that the councillor has taken the action specified in the compliance order.

(7) While a compliance order is in force against a councillor, the councillor--

(a) is not entitled to exercise any of the functions of the councillor other than as necessary to take the action specified in the compliance order, and

(b) is not entitled to any fee or other remuneration, or to the payment of expenses or to the use of council facilities, to which he or she would otherwise be entitled as a councillor, except as specified in the compliance order.

(8) The Minister may--

(a) instead of taking action under this section against a councillor, or

(b) after taking action under this section against a councillor, or

(c) while a compliance order is in force against a councillor,

request the Departmental Chief Executive to refer the matter to the Civil and Administrative Tribunal for consideration.

(9) A matter is referred to the Tribunal under this section by means of a report presented to the Tribunal by the Departmental Chief Executive and containing or accompanied by such material and observations as the Departmental Chief Executive thinks fit.

(10) The Departmental Chief Executive is to notify the councillor concerned of any request to refer the matter to the Tribunal.

(11) For the purposes of this section and Part 3 of Chapter 14, failure by a councillor to take action as required by a performance improvement order is to be taken to be misconduct.

(12) The regulations may make provision for or with respect to the reference of matters to the Tribunal under this section.