LOCAL GOVERNMENT ACT 1995 - SECT 5.104
LOCAL GOVERNMENT ACT 1995 - SECT 5.104
5.104 . Adoption of model code of conduct
(1) Within 3 months
after the day on which regulations prescribing the model code come into
operation, a local government must prepare and adopt* a code of conduct to be
observed by council members, committee members and candidates that
incorporates the model code.
* Absolute majority required.
(2) Within 3 months
after the day on which regulations amending the model code come into
operation, the local government must amend* the adopted code of conduct to
incorporate the amendments made to the model code.
* Absolute majority required.
(3) A local government
may include in the adopted code of conduct requirements in addition to the
requirements referred to in section 5.103(2)(b), but any additional
requirements —
(a) can
only be expressed to apply to council members or committee members; and
(b) are
of no effect to the extent that they are inconsistent with the model code.
(4) A local government
cannot include in the adopted code of conduct provisions in addition to the
principles referred to in section 5.103(2)(a) or the rules of conduct.
(5) The model code is
taken to be a local government’s adopted code of conduct until the local
government adopts a code of conduct.
(6) An alleged breach
of a local government’s adopted code of conduct by a candidate cannot be
dealt with under this Division or the adopted code of conduct unless the
candidate has been elected as a council member.
(7) The CEO must
publish an up-to-date version of a local government’s adopted code of
conduct on the local government’s official website.
[Section 5.104 inserted: No. 16 of 2019 s. 50.]