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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.]