South Australian Current Acts

LOCAL GOVERNMENT ACT 1999 - SCHEDULE 9

Schedule 9—Suspension of members

1—Suspension of members

        (1)         This clause applies to a member of a council who is suspended from the office of member of the council—

            (a)         by SACAT or the Behavioural Standards Panel; or

            (b)         by the council in accordance with a recommendation of the Ombudsman under section 263B; or

            (c)         under section 68, 80A, 80B or  273(8); or

            (d)         under another provision of this Act prescribed by the regulations.

        (2)         Subject to this clause, the following provisions apply during the period of suspension of a member of a council to whom this clause applies:

            (a)         the suspension 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;

            (b)         the member must not use or retain a facility or service provided by the council (not being a facility or service generally provided to members of the public by the council);

            (c)         the member must not carry out any function or duty of the office of member of the council;

            (d)         the member must not be given access by the council to information, documents or materials related to the performance or discharge of the functions or duties of members of the council (not being information, documents or materials generally provided to members of the public by the council);

            (e)         the member is not required—

                  (i)         to submit a return for the purposes of the Register of Interests in accordance with Chapter 5 Part 4 Division 1 Subdivision 2; or

                  (ii)         if relevant, to notify the chief executive officer of a change or variation of a kind referred to in section 67(1),

provided that, on the cessation of the suspension, the member—

                  (iii)         submits any return for the purposes of the Register of Interests that the member would, but for the suspension, have been required to submit in accordance with Chapter 5 Part 4 Division 1 Subdivision 2 during the period of suspension; and

                  (iv)         notifies the chief executive officer of a change or variation of a kind referred to in section 67(1) of which the member would, but for the suspension, have been required to notify the chief executive officer under section 67(1) during the period of suspension;

            (f)         to avoid doubt, section 54(1)(d) does not apply to the member.

        (3)         In addition, the regulations may modify the application of a provision of this Act (including this Schedule) in relation to the suspension of a member of a council to whom this clause applies.

        (4)         Subclause (2)(e) does not affect the obligation of a member of a council who is suspended from the office of member of the council by operation of section 68(1a) to submit to the chief executive officer the return that the member failed to submit under section 68(1a).

        (5)         A member of a council to whom this clause applies must not contravene or fail to comply with subclause (2)(b) or (c).

        (6)         Nothing in this clause affects the operation of section 273(8a).