South Australian Current Acts

LOCAL GOVERNMENT ACT 1999 - SECT 262W

262W—Action

        (1)         The Panel may, after inquiring into a complaint referred to the Panel under this Subdivision, by order do 1 or more of the following:

            (a)         reprimand the member (including by means of a public statement);

            (b)         direct the council to pass a censure motion in respect of the member;

            (c)         require the member to issue a public apology (in a manner determined by the Panel);

            (d)         require the member to attend a specified course of training or instruction, or to take other steps;

            (e)         require the member to reimburse the council a specified amount (which may include the reimbursement of the council's costs relating to investigation of the complaint and giving effect to an order under this section);

            (f)         remove or suspend the member from 1 or more offices held in the member's capacity as a member of the council or by virtue of being a member of the council (other than the office of member of the council);

            (g)         suspend the member from the office of member of the council for a period not exceeding 3 months, with or without an allowance (as determined by the Panel);

            (h)         direct the council to lodge a complaint against the member with SACAT.

        (2)         If the person primarily affected by the behaviour that is the subject of a complaint referred to the Panel under this Subdivision is an employee of a council, the Panel must, before determining whether or not to take action under this section, ensure that any registered industrial association representing the employee is given an opportunity to make submissions on the matter.

        (3)         If action is taken in respect of a member of a council under this section, the Panel—

            (a)         must provide a report on the matter to the council; and

            (b)         may require—

                  (i)         the report to be considered in public at a meeting of the council; and

                  (ii)         the council to provide a report to the Panel, within a period and in such manner as is specified by the Panel, detailing—

                        (A)         if the Panel made an order requiring the member to take action under subsection (1)—the member's compliance with the requirement; or

                        (B)         if the Panel made an order directing the council to take action under subsection (1)—the council's compliance with the direction.

        (4)         If a member of a council fails to comply with an order of the Panel requiring the member to take action under subsection (1), the council is to ensure that a complaint is lodged against the member with SACAT.

        (5)         If the Panel considers that a council has failed to comply with a direction or requirement of the Panel under this section, the Panel may provide a report to the Minister on the matter.