262B—Behavioural management policy
(1) A council must
prepare and adopt a policy relating to the management of behaviour of members
of
the council (a "behavioural management policy").
(2) Subject to this
Division, a behavioural management policy must include the following
provisions relating to complaints under this Division:
(a)
provisions requiring that, on receipt, a complaint will be provided to a
person authorised to receive complaints, being a person who is not the person
the subject of the complaint;
(b)
provisions authorising the council to deal with complaints as the council
considers appropriate, including by—
(i)
refusing to deal with a complaint; or
(ii)
determining to take no further action on a complaint
(having commenced dealing with a complaint); or
(iii)
arranging for mediation, conciliation, arbitration or
other dispute or conflict resolution in relation to a complaint;
Note—
Provisions of a behavioural management policy setting out the grounds
authorising a council to refuse to deal with a complaint or determine to take
no further action on a complaint may include grounds such as—
(a) the
ground that the subject matter of the complaint is trivial; or
(b) the
ground that the complaint is frivolous or vexatious or is not made in good
faith; or
(c) the
ground that the complainant or the person on whose behalf the complaint was
made does not have a sufficient personal interest in the matter raised in the
complaint; or
(d) the
ground that, having regard to all the circumstances of the case, it is
unnecessary or unjustifiable for the council to deal with or continue to deal
with the complaint; or
(e) the
ground that the subject matter of the complaint has been or is already being
investigated, whether by the council or another person or body; or
(f) the
ground that the council has dealt with the complaint adequately.
(c)
provisions authorising the council to inquire into a complaint in such manner
as the council considers appropriate (subject to the principles of procedural
fairness);
Note—
Provisions of a behavioural management policy relating to inquiring into a
complaint appropriately may include procedures such as 1 or more of the
following:
(a)
provisions relating to parties to the process providing submissions (oral or
written);
(b)
provisions relating to the conduct of interviews;
(c)
provisions relating to the undertaking of investigations (formal or informal).
(d)
provisions authorising the council to conduct an inquiry itself or delegate
the conduct of an inquiry to any person or body (with the agreement of the
person or body) the council considers appropriate in the circumstances;
Note—
Examples of the kind of person to whom a council may delegate the conduct of
an inquiry include—
(a) the
principal member of the council; or
(b) the
chief executive officer of the council; or
(c) a
delegate of the principal member or the chief executive officer; or
(d) a
committee of the council (such as a committee established in relation to
governance matters); or
(e) a
person who is not a member or employee of the council.
(e)
provisions authorising the council to take action to resolve a complaint in
such manner as the council considers appropriate, including by—
(i)
requiring the member to undertake training, instruction,
counselling, mentoring or coaching; or
(ii)
taking action under this Division.
(3) Without limiting
subsection (2), a behavioural management policy may contain other
provisions relating to the processes and procedures for receiving and dealing
with complaints under this Division.
(4) A
behavioural management policy—
(a) must
not be inconsistent with the behavioural standards; and
(b) must
not be inconsistent with the Public Interest Disclosure Act 2018 or a
council procedure under that Act; and
(c) must
comply with any requirement specified by the behavioural standards.
(5) A member of a
council must comply with the council's behavioural management policy.
(6) A council may from
time to time alter a behavioural management policy, or substitute a new
policy.
(7) A council must,
within 12 months after the conclusion of each periodic election, review
the operation of its behavioural management policy.