LOCAL GOVERNMENT ACT 1995 - SECT 5.117
LOCAL GOVERNMENT ACT 1995 - SECT 5.117
5.117 . Punishment for serious breach
(1) If, on an
allegation under section 5.116(2), the State Administrative Tribunal finds
that a person committed a serious breach, it may —
(a)
order that —
(i)
the person against whom the allegation was made be
publicly censured as specified in the order; or
(ii)
the person against whom the allegation was made apologise
publicly as specified in the order; or
(iii)
the person against whom the allegation was made undertake
training as specified in the order; or
(iv)
the person against whom the allegation was made is
suspended for a period of not more than 6 months specified in the order; or
(v)
the person against whom the allegation was made is, for a
period of not more than 5 years specified in the order, disqualified from
holding office as a member of a council;
or
(b)
order 2 or more of the sanctions described in paragraph (a).
(2) An order described
in subsection (1)(a)(iv) or (v) may be expressed in such a way that the order
—
(a) only
takes effect if, on finding that the person subject to the order has not
complied with a condition specified in the order, the State Administrative
Tribunal directs under subsection (7) that the order take effect; and
(b)
lapses if it has not taken effect within a period specified in the order,
and an order so
expressed is called a suspended order .
(3) The period
referred to in subsection (2)(b) cannot exceed 2 years.
(4) The Departmental
CEO may make an allegation to the State Administrative Tribunal that a person
subject to a suspended order has failed to comply with a condition specified
in the order.
(5) The Departmental
CEO must give a person notice in writing of a decision to make an allegation
about the person under subsection (4).
(6) If the State
Administrative Tribunal receives an allegation under subsection (4), it must
make a finding as to whether the alleged failure occurred.
(7) If the State
Administrative Tribunal finds that a person failed to comply with a condition
of a suspended order, it may if it considers it appropriate to do so direct
that the suspended order take effect.
(8) When a council
member is suspended under subsection (1)(a)(iv), section 8.30B applies to the
member.
[Section 5.117 inserted: No. 1 of 2007 s. 11;
amended: No. 17 of 2009 s. 44; No. 31 of 2018 s. 10.]