LOCAL GOVERNMENT ACT 2020 - SECT 147 Sanctions that may be imposed by an arbiter on finding of misconduct

LOCAL GOVERNMENT ACT 2020 - SECT 147

S. 147(1) amended by No. 30/2022 s. 24.

    (1)     If after completing the internal arbitration process, the arbiter determines that a Councillor has failed to comply with the standards of conduct, the arbiter may make a finding of misconduct against the Councillor.

    (2)     If an arbiter has made a finding of misconduct against a Councillor, the arbiter may do any one or more of the following—

        (a)     direct the Councillor to make an apology in a form or manner specified by the arbiter;

        (b)     suspend the Councillor from the office of Councillor for a period specified by the arbiter not exceeding one month;

        (c)     direct that the Councillor be removed from any position where the Councillor represents the Council for the period determined by the arbiter;

        (d)     direct that the Councillor is removed from being the chair of a delegated committee for the period determined by the arbiter;

        (e)     direct a Councillor to attend or undergo training or counselling specified by the arbiter.

    (3)     The arbiter must provide a written copy of the arbiter's decision and statement of reasons to—

        (a)     the Council; and

        (b)     the applicant or applicants; and

        (c)     the respondent; and

        (d)     the Principal Councillor Conduct Registrar.

    (4)     Subject to subsection (5), a copy of the arbiter's decision and statement of reasons must be tabled at the next Council meeting after the Council received the copy of the arbiter's decision and statement of reasons and recorded in the minutes of the meeting.

    (5)     If the arbiter's decision and statement of reasons contains any confidential information, the confidential information must be redacted from the copy tabled under subsection (4).

S. 147A inserted by No. 30/2022 s. 25.