South Australian Current Acts

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LOCAL GOVERNMENT ACT 1999 - SECT 267

267—Outcome of proceedings

        (1)         On the hearing of a complaint, SACAT may, if it is satisfied that a ground on which the complaint was lodged exists and that there is proper cause for taking action against the person to whom the complaint relates, by an order or orders do one or more of the following:

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

            (b)         require the person to attend a specified course of training or instruction, to issue an apology in a particular form or to take other steps;

            (ba)         require the person 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);

            (c)         impose a fine not exceeding $15 000 on the person;

            (d)         suspend the person from any office under this Act for a period not exceeding 6 months;

            (e)         disqualify the person from any office under this Act;

            (f)         disqualify the person from becoming a member of a council, a council committee or a subsidiary of a council for a period not exceeding five years.

        (2)         If a person is disqualified under subsection (1)(e), the office immediately becomes vacant.

        (3)         A fine imposed under subsection (1) is payable to general revenue in accordance with an order of SACAT.

        (4)         If—

            (a)         a person has been found guilty of an offence; and

            (b)         the circumstances of the offence form, in whole or in part, the subject matter of the complaint,

the person is not liable to a fine under this section in respect of conduct giving rise to the offence.



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