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LOCAL GOVERNMENT ACT 1993 - SECT 28ZF Investigation of multiple code of conduct complaints against same councillor or multiple councillors

LOCAL GOVERNMENT ACT 1993 - SECT 28ZF

Investigation of multiple code of conduct complaints against same councillor or multiple councillors

(1)  If there are a number of code of conduct complaints against the same councillor or different councillors of the same council and the complaints relate to the same contravention of the council's code of conduct, the Code of Conduct Panel may determine to conduct a joint investigation into all the complaints.
(2)  The Code of Conduct Panel may only make a determination to conduct a joint investigation after considering the wishes of all complainants and councillors against whom the complaints are made.
(3)  If the Code of Conduct Panel determines under subsection (1) to conduct a joint investigation and the total number of councillors involved in the investigation is half or more of all the councillors of the relevant council, the Panel is to refer the complaints to the Director.
(4)  If the Code of Conduct Panel refers the code of conduct complaints to the Director, the Director is to determine whether he or she accepts or refuses to accept the referral and is to notify the Panel of that determination within 28 days after receiving the referral.
(5)  If the Director fails to notify the Code of Conduct Panel as required by subsection (4) , the Director is taken to have accepted the referral of the code of conduct complaints.
(6)  If the Director accepts the referral of the code of conduct complaints –
(a) the complaints are taken to be complaints made to the Director under section 339E and cease to be code of conduct complaints; and
(b) the Director is to proceed under that section in relation to the complaints.