LOCAL GOVERNMENT ACT 1995 - SECT 5.112

LOCAL GOVERNMENT ACT 1995 - SECT 5.112

5.112 .         Allegation of recurrent breach

        (1)         If a standards panel sends to the Departmental CEO, under section 5.111, a complaint of a minor breach that, if it were found to have been committed, would be a recurrent breach, the Departmental CEO has to decide whether to make an allegation under subsection (2).

        (2)         If the Departmental CEO considers it appropriate to do so, the Departmental CEO may make an allegation to the State Administrative Tribunal that the council member committed the breach.

        (3)         The Departmental CEO is required to give the complaints officer and each of the parties notice in writing of the decision.

        (4)         If the Departmental CEO decides not to make an allegation to the State Administrative Tribunal —

            (a)         the Departmental CEO is required to send the complaint to the standards panel that sent the complaint to the Departmental CEO; and

            (b)         the standards panel is required to notify each of the parties and the complaints officer that the complaint will be dealt with by the standards panel; and

            (c)         the standards panel is required to deal with the complaint under section 5.110.

        (5)         The fact that the person who made the complaint does not want an allegation to be made to the State Administrative Tribunal does not prevent the Departmental CEO from making the allegation.

        [Section 5.112 inserted: No. 1 of 2007 s. 11; amended: No. 17 of 2009 s. 44.]