LOCAL GOVERNMENT AMENDMENT (IMPROVED GOVERNANCE) ACT 2015 (NO. 53 OF 2015) - SECT 12 Definitions
LOCAL GOVERNMENT AMENDMENT (IMPROVED GOVERNANCE) ACT 2015 (NO. 53 OF 2015) - SECT 12
Definitions(1) In section 3(1) of the Principal Act insert the following definitions—
""bullying" by a Councillor means the Councillor repeatedly behaves unreasonably towards another Councillor or member of Council staff and that behaviour creates a risk to the health and safety of that other Councillor or member of Council staff;
"Councillor Conduct Panel "means a panel of 2 people selected by the Principal Councillor Conduct Registrar under section 81V;
"gross misconduct" by a Councillor means behaviour that demonstrates that a Councillor is not of good character or is otherwise not a fit and proper person to hold the office of Councillor;
"IBAC" means the Independent Broad-based Anti-corruption Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011 ;
"internal resolution procedure" means the procedure—
(a) specified in the Councillor Code of Conduct; and
(b) developed and maintained by a Council in accordance with section 81AA to address the matters specified in that section;
"law enforcement agency" means—
(a) Victoria Police; or
(b) the police force or police service of another State or a Territory; or
(c) the Australian Federal Police; or
(d) the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth; or
(e) a commission established by a law of Victoria or the Commonwealth or of any other State or a Territory with the function of investigating matters relating to criminal activity generally or of a specified class or classes; or
(f) the Chief Examiner and Examiners appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004 ; or
(g) the IBAC; or
(h) the sheriff within the meaning of the Sheriff Act 2009 ; or
(i) the Victorian Inspectorate established under section 8 of the Victorian Inspectorate Act 2011 ; or
(j) an agency responsible for the performance of functions or activities directed to—
(i) the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or
(ii) the management of property seized or restrained under laws relating to the confiscation of the proceeds of crime or the enforcement of such laws, or of orders made under such laws; or
(k) an agency responsible for the execution or implementation of an order or decision made by a court or tribunal; or
(l) an agency responsible for the protection of the public revenue under a law administered by it;
"misconduct" by a Councillor means any of the following—
(a) failure by a Councillor to comply with the Council's internal resolution procedure; or
(b) failure by a Councillor to comply with a written direction given by the Council under section 81AB; or
(c) repeated contravention of any of the Councillor conduct principles;
"panel list" means the panel list established by the Minister under section 81U for the purposes of forming Councillor Conduct Panels;
"Principal Conduct Officer "means the person appointed in writing by the Chief Executive Officer to be the Principal Conduct Officer for the Council under section 81Y;
"Principal Councillor Conduct Registrar" means the person appointed by the Secretary to be the Principal Councillor Conduct Registrar under section 81S;
"serious misconduct" by a Councillor means—
(a) the failure of a Councillor to attend a Councillor Conduct Panel hearing formed to make a finding in respect of that Councillor; or
(b) the failure of a Councillor to give a Councillor Conduct Panel any information the Councillor Conduct Panel has requested the Councillor to give; or
(c) the failure of a Councillor to comply with a direction of a Councillor Conduct Panel; or
(d) continued or repeated misconduct by a Councillor after a finding of misconduct has already been made in respect of the Councillor by a Councillor Conduct Panel; or
(e) bullying of another Councillor or member of Council staff by a Councillor; or
(f) conduct by a Councillor in respect of a member of Council staff in contravention of section 76E; or
(g) the release of confidential information by a Councillor in contravention of section 77;".
(2) In section 3(1) of the Principal Act, in the definition of Department for "Planning and Community Development" substitute "Environment, Land, Water and Planning".