South Australian Current Acts South Australian Current Acts264—Complaint lodged with SACAT
(a1) A complaint
against a member of a council may be lodged with SACAT under this section on
the ground—
(a) that
the member has contravened or failed to comply with an integrity provision; or
(b) of
alleged misbehaviour, repeated misbehaviour or serious misbehaviour by the
member (within the meaning of Part A1 Division 2); or
(c) that
the member has contravened or failed to comply with—
(i)
a recommendation of the Ombudsman requiring the member to
take action under section 263B(1); or
(ii)
an order of the Panel requiring the member to take action
under section 262W(1).
(1) A complaint on a
ground referred to in subsection (a1) may be lodged with SACAT by—
(a) a
person authorised in writing by the Minister or the council for the purposes
of this section; or
(b) the
chief executive officer of the council.
(2) However, a person
referred to in subsection (1)(a) or (b) may not lodge a complaint on the
ground set out in subsection (a1)(a) unless the matter has been
investigated by the Ombudsman or the Independent Commission Against
Corruption.
(2a) In addition, a
complaint may not be lodged by the chief executive officer of a council on the
ground set out in subsection (a1)(b) unless the matter has been inquired
into by the Panel.
(3) An apparently
genuine document purporting to be an authorisation under
subsection (1)(a) will be accepted in any legal proceedings, in the
absence of proof to the contrary, as proof that the authorisation has been
given.
(4) The complaint must
be lodged within a time prescribed by the rules of SACAT under section 94 of
the South Australian Civil and Administrative Tribunal Act 2013 .