New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 440I

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.