LOCAL GOVERNMENT ACT 1995 - SECT 5.110A
LOCAL GOVERNMENT ACT 1995 - SECT 5.110A
5.110A . Withdrawal of complaint of minor breach
(1) This section
applies to the following complaints —
(a) a
complaint made under section 5.107, other than a complaint that, under
section 5.115, the complaints officer has sent to the Departmental CEO;
(b) a
complaint made under section 5.114 that, under section 5.108, the Departmental
CEO has sent to the complaints officer;
(c) a
complaint made under section 5.109.
(2) A person who has
made a complaint to which this section applies can withdraw the complaint at
any time before a standards panel does either of the things that it is
required to do under section 5.110(2) in relation to the complaint.
(3) A withdrawal of a
complaint —
(a) must
be in writing; and
(b) must
be sent to the member of the primary standards panel who is appointed under
Schedule 5.1 clause 2(a).
(4) If a complaint is
withdrawn —
(a) the
member of the primary standards panel who is appointed under Schedule 5.1
clause 2(a) must, as soon as practicable after receiving the withdrawal
—
(i)
give to the person who made the complaint an
acknowledgment in writing that the withdrawal of the complaint has been
received; and
(ii)
notify the council member about whom the complaint was
made and the complaints officer that the complaint has been withdrawn;
and
(b)
neither the member of the primary standards panel who is appointed under
Schedule 5.1 clause 2(a) nor a standards panel is to take any action or, as
the case requires, any further action under section 5.110 in relation to the
complaint; and
(c) a
further complaint about the matter that is the subject of the withdrawn
complaint cannot be made (whether by the original complainant or anyone else)
unless the member of the primary standards panel who is appointed under
Schedule 5.1 clause 2(a) is satisfied that it is appropriate to do so in the
circumstances.
(5) Without limiting
subsection (2), a complaint cannot be withdrawn if, under section 5.111, a
standards panel has sent the complaint to the Departmental CEO, even if the
Departmental CEO subsequently decides not to make an allegation under
section 5.112(2).
(6) Despite subsection
(4) —
(a) even
though a complaint has been withdrawn, a standards panel can deal with the
complaint as if it had not been withdrawn if the member of the primary
standards panel who is appointed under Schedule 5.1 clause 2(a) is satisfied
that it is appropriate to do so in the circumstances; and
(b) if
paragraph (a) applies, the member of the primary standards panel who is
appointed under Schedule 5.1 clause 2(a) must notify the parties and the
complaints officer that a standards panel is to deal with the complaint.
[Section 5.110A inserted: No. 26 of 2016 s. 15.]