SCHEDULE 8A - Savings and Transitional Provisions Consequent on Local Government Amendment (Code of Conduct) Act 2015

Section 349A

1.    Interpretation

(1) In this Schedule –

commencement day means the day on which the Local Government Amendment (Code of Conduct) Act 2015 commences;

new Act means this Act as in force on and after the commencement day;

previous Act means this Act as in force immediately before the commencement day;

previous Code of Conduct Panel means a Code of Conduct Panel as defined in the previous Act;

previous Regulations means –

(a) if the Local Government (General) Regulations 2005 are in force immediately before the commencement day, those regulations as in force immediately before that day; or

(b) if the Local Government (General) Regulations 2015 are in force immediately before the commencement day, those regulations as in force immediately before that day;

Standards Panel means a Standards Panel as defined in the previous Act.

(2) A reference in this Schedule to regulation 22C of the previous Regulations is a reference to –

(a) regulation 22C of the Local Government (General) Regulations 2005 ; or

(b) the regulation in the Local Government (General) Regulations 2015 that substantially corresponds to that regulation 22C –

as appropriate, and a reference to the application of the previous Regulations in relation to that regulation is a reference to the Local Government (General) Regulations 2005 or the Local Government (General) Regulations 2015 , also as appropriate.

2.    Code of conduct

On and after the commencement day until a council adopts the model code of conduct under section 28T , the code of conduct of the council that was in force under the previous Act immediately before the commencement day continues in force and is taken to be the council's code of conduct within the meaning of this Act.

3.    Complaints under previous Act

(1) If –

(a) before the commencement day, a complaint against a councillor is made under section 28F of the previous Act; but

(b) immediately before the commencement day, the mayor or deputy mayor has not, under regulation 22C of the previous Regulations, notified the councillor against whom the complaint is made of the complaint –

the complaint is to be dealt with, investigated and determined as a code of conduct complaint under the new Act.

(2) If –

(a) before the commencement day, a complaint against a councillor is made under section 28F of the previous Act and the mayor or deputy mayor has, under regulation 22C of the previous Regulations, notified the councillor against whom the complaint is made of the complaint; but

(b) the 7-day period within which, under regulation 22C of the previous Regulations, the councillor may lodge an election to have the complaint referred to the Local Government Association of Tasmania to be dealt with by a Standards Panel has not expired –

the previous Act and previous Regulations continue to apply in relation to the complaint until the end of that 7-day period.

(3) If –

(a) before the commencement day, a complaint against a councillor is made under section 28F of the previous Act; and

(b) the councillor, either before the commencement day or as allowed by subclause (2) and under regulation 22C of the previous Regulations, has lodged an election to have the complaint referred to the Local Government Association of Tasmania to be dealt with by a Standards Panel –

the previous Act and previous Regulations continue to apply in relation to the complaint, its hearing and a determination.

(4) If –

(a) before the commencement day, a complaint against a councillor is made under section 28F of the previous Act; and

(b) the councillor, either before the commencement day or as allowed by subclause (2) and under regulation 22C of the previous Regulations, has not lodged an election to have the complaint referred to the Local Government Association of Tasmania to be dealt with by a Standards Panel; and

(c) the mayor or deputy mayor has not referred the complaint to a previous Code of Conduct Panel –

the complaint is to be dealt with as a code of conduct complaint under the new Act.

(5) If –

(a) before the commencement day, a complaint against a councillor is made under section 28F of the previous Act; and

(b) the councillor, either before the commencement day or as allowed by subclause (2) and under regulation 22C of the previous Regulations, has not lodged an election to have the complaint referred to the Local Government Association of Tasmania to be dealt with by a Standards Panel; and

(c) the mayor or deputy mayor has referred the complaint to a previous Code of Conduct Panel –

the previous Act and previous Regulations continue to apply in relation to the complaint, its hearing and determination and in relation to an appeal made under section 28F of the previous Act against the decision of the previous Code of Conduct Panel.

4.    Continuation of, and termination of membership of, previous Code of Conduct Panel

(1) At any time on or after the commencement day, a council is to terminate the appointments of the members of its previous Code of Conduct Panel once the council is satisfied that the Panel will not be required, by reason of clause 3 , to deal with, hear and determine a complaint made under section 28F of the previous Act.

(2) On and after the commencement day until the appointment of a member of a previous Code of Conduct Panel that was in force immediately before the commencement day is terminated under subclause (1) , that appointment continues and for that purpose the previous Act applies to that appointment.

(3) If, on or after the commencement day, a previous Code of Conduct Panel is required, by reason of clause 3 , to deal with, hear and determine a complaint made under section 28F of the previous Act and it is necessary to appoint a new member to the Panel, the previous Act continues to apply –

(a) so as to allow the appointment of the new member to the Code of Conduct Panel; and

(b) to the appointment of the new member until the appointment is terminated under subclause (1) .

(4) A member of the previous Code of Conduct Panel is not entitled to receive any benefit in respect of the termination of his or her appointment as such a member under subclause (1) .

5.    Continuation of, and termination of membership of, Standards Panel

(1) At any time on or after the commencement day, the Local Government Association of Tasmania is to terminate the appointments of the members of its Standards Panel once that Association is satisfied that the Panel will not be required, by reason of clause 3 , to deal with, hear and determine –

(a) a complaint made under section 28F of the previous Act; or

(b) an appeal against the determination of such a complaint by a previous Code of Conduct Panel.

(2) On and after the commencement day until the appointment of a member of a Standards Panel that was in force immediately before the commencement day is terminated under subclause (1) , that appointment continues and for that purpose the previous Act applies to that appointment.

(3) If, on or after the commencement day, the Standards Panel is required, by reason of clause 3 , to deal with, hear and determine a complaint under section 28F of the previous Act or an appeal against the determination of such a complaint by a previous Code of Conduct Panel and it is necessary to convene the Standards Panel or appoint new members to the Standards Panel, the previous Act continues to apply –

(a) so as to allow the convening of the Standards Panel and the appointments of members, or new members, to the Standards Panel; and

(b) to the appointment of each of those members and new members until the appointment is terminated under subclause (1) .

(4) A member of a Standards Panel is not entitled to receive any benefit in respect of the termination of his or her appointment as such a member under subclause (1) .