New South Wales Consolidated Regulations

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Suspension criteria: section 438J

413E Suspension criteria: section 438J

The following are criteria to be considered by the Minister before temporarily suspending a council:

(a) whether the council has failed to comply with its legislative responsibilities, standards or guidelines,
(b) whether there are significant risks facing the council that are not being addressed,
(c) whether previous intervention attempts have failed,
(d) whether council business is being disrupted and the council failing to exercise its functions,
(e) whether the appointment of an interim administrator is necessary, in the opinion of the Minister, to restore the proper or effective functioning of the council,
(f) whether there is a pattern of poor or inappropriate behaviour by one or more councillors that has not been rectified,
(g) whether an ordinary election of councillors occurs within 3 months after the making of the order,
(h) any other matter that, in the opinion of the Minister, is relevant to the suspension of the council.

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