South Australian Current Acts

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LOCAL GOVERNMENT ACT 1999 - SECT 263B

263B—Outcome of Ombudsman investigation

        (1)         The recommendations that may be made by the Ombudsman under the Ombudsman Act 1972 on the completion of an investigation of the complaint include—

            (a)         a recommendation requiring the council to—

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

                  (ii)         suspend the member from any office under this Act for a period not exceeding 3 months, with or without an allowance (as determined by the Ombudsman); or

                  (iii)         ensure that a complaint is lodged against the member with SACAT; or

            (b)         a recommendation requiring the member to—

                  (i)         issue a public apology (in a manner determined by the Ombudsman); or

                  (ii)         attend a specified course of training or instruction; or

                  (iii)         take other steps; or

                  (iv)         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 a recommendation of the Ombudsman under this section).

        (2)         If a member of a council fails to comply with a recommendation of the Ombudsman requiring the member to take action under subsection (1), the council is to ensure that a complaint is lodged against the member with SACAT.

        (3)         A council is taken to have the power to act according to the Ombudsman's recommendations.



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