LOCAL GOVERNMENT ACT 1995 - SECT 5.108
LOCAL GOVERNMENT ACT 1995 - SECT 5.108
5.108 . Departmental CEO may send complaint of minor breach to complaints officer
(1) If it appears to
the Departmental CEO that a complaint a person seeks to make under
section 5.114 discloses a minor breach, the Departmental CEO may send the
complaint to the complaints officer of the local government concerned.
(2) Within 14 days
after the day on which the complaints officer receives the complaint, the
complaints officer is required to —
(a) give
to the person who sent the complaint to the Departmental CEO written notice
that the complaint is to be dealt with as a complaint of a minor breach; and
(b) give
to the council member about whom the complaint is made a copy of the
complaint; and
(c) send
—
(i)
the complaint; and
(ii)
anything the complaints officer has that is relevant to
the complaint including, where relevant, details of any 2 or more minor
breaches that the council member has previously been found to have committed,
to the member of the
primary standards panel who is appointed under Schedule 5.1 clause 2(a).
(3) The Departmental
CEO can send a complaint to a complaints officer under this section within 6
months after the breach alleged in the complaint occurred, but not later.
[Section 5.108 inserted: No. 1 of 2007 s. 11;
amended: No. 17 of 2009 s. 44; No. 16 of 2019 s. 53.]