South Australian Current Acts South Australian Current Acts80B—Suspension—member of council subject to intervention order
(a) a
member of a council is subject to a relevant interim intervention order where
the person protected by the order is another member of the council, the
council may suspend the member from the office of member of the council if the
council considers it appropriate to do so; or
(b) a
member of a council is subject to a relevant interim intervention order where
the person protected by the order is an employee of the council, the
chief executive officer of the council may suspend the member from the office
of member of the council if the chief executive officer considers it
appropriate to do so.
(2) A member of a
council suspended under subsection (1) is entitled to an allowance under
section 76 during the period of suspension.
(3) A council—
(a) must
revoke a suspension under subsection (1)(a) if the relevant
interim intervention order is revoked; and
(b) may
revoke a suspension under subsection (1)(a) if the council considers it
appropriate to do so.
(4) The
chief executive officer of a council—
(a) must
revoke a suspension under subsection (1)(b) if the relevant
interim intervention order is revoked; and
(b) may
revoke a suspension under subsection (1)(b) if the chief
executive officer considers it appropriate to do so.
(5) If a member of a
council is subject to a relevant final intervention order, the member is
suspended from the office of member of the council.
(6) Despite any other
Act or law, or any determination of the Remuneration Tribunal, a member of a
council suspended under subsection (5) is not entitled to an allowance
under section 76, or reimbursement of expenses, or any other facility,
service or form of support, that the member would otherwise be entitled to
under this Act, during the period of suspension.
(7) The
chief executive officer of a council must, as soon as is reasonably
practicable after becoming aware that a member of the council is subject to a
relevant final intervention order, notify the member of the suspension under
subsection (5).
(8) If a
relevant final intervention order is revoked, the suspension under
subsection (5) relating to the relevant final intervention order is
revoked.
(9) If a member of a
council is suspended under subsection (5) for a continuous period of more
than the prescribed period, the council must apply to SACAT for an order
disqualifying the member from the office of member of the council under this
Act.
(10) If a member is
disqualified under subsection (9), the disqualification extends to all
other offices held in the member's capacity as a member of the council or by
virtue of being a member of the council.
(11) In this
section—
"employee" of a council includes—
(a) a
consultant engaged by the council; and
(b) a
person working for the council on a temporary basis;
"final intervention order" means a final intervention order (within the
meaning of section 3(1) of the Intervention Orders (Prevention of Abuse)
Act 2009 ) or a domestic violence order (other than an interim DVO) that
is a recognised DVO under Part 3A of that Act;
"interim intervention order" means an interim intervention order (within the
meaning of section 3(1) of the Intervention Orders (Prevention of Abuse)
Act 2009 ) or an interim DVO that is a recognised DVO under Part 3A
of that Act;
"relevant final intervention order"—a final intervention order to which
a member of a council is subject is a "relevant final intervention order if a
person protected by the order is another member, or an employee, of the
council;
"relevant interim intervention order"—an interim intervention order to
which a member of a council is subject is a "relevant interim intervention
order if a person protected by the order is another member, or an employee, of
the council.