New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 440H

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 Ombudsman in which the Ombudsman states that the Ombudsman is satisfied that grounds exist that warrant the councillor’s suspension, or

(d) a report made by the Independent Commission Against Corruption in which the Commission recommends that consideration be given to suspending the councillor under this Division.

(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.