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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
LOCAL GOVERNMENT AMENDMENT (CODE OF
CONDUCT) BILL 2015
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 28D amended (Documents relating to agendas)
6. Sections 28E, 28F, 28G, 28H and 28I repealed
7. Part 3, Division 3A inserted
Division 3A - Code of conduct, complaints and complaint
resolution
Subdivision 1 - Code of Conduct Panel and Executive Officer
28K. Code of Conduct Panel
28L. Constitution of Code of Conduct Panel
28M. Executive Officer
28N. Functions of Executive Officer
28O. Payment of remuneration and allowances to
members of Code of Conduct Panel and Executive
Officer
28P. Requesting provision of information
28Q. Providing information to Code of Conduct Panel
Subdivision 2 - Code of conduct
28R. Model code of conduct
28S. Contents of model code of conduct
28T. Code of conduct
28U. Compliance with code of conduct
Subdivision 3 - Complaints against councillors
[Bill 15]-II
28V. Making code of conduct complaint against
councillor
28W. Withdrawal of or from code of conduct complaint
28X. Amendment of code of conduct complaint
28Y. Initial assessment of complaint by general manager
28Z. Referral of code of conduct complaint by general
manager
28ZA. Initial assessment of code of conduct complaint by
chairperson of Code of Conduct Panel
28ZB. Dismissal of code of conduct complaint on initial
assessment
28ZC. Referral of code of conduct complaint on initial
assessment
28ZD. Time for investigating and determining code of
conduct complaint
28ZE. Conduct of investigations generally
28ZF. Investigation of multiple code of conduct complaints
against same councillor or multiple councillors
28ZG. When hearing is to be held
28ZH. Hearings
28ZI. Determination of code of conduct complaint
28ZJ. Determination report
28ZK. Notification of determination of code of conduct
complaint
28ZL. Councillor to comply with sanction imposed for
contravention of code of conduct
28ZM. Costs of parties relating to code of conduct
complaint
28ZN. Refund of fee accompanying lodgement of code of
conduct complaint
Subdivision 4 - Reviews of Code of Conduct Panel decisions
28ZO. Review of Code of Conduct Panel decision
8. Section 72 amended (Annual report)
9. Section 72B amended (Annual General Meeting)
10. Section 195 amended (Notice of impounding)
11. Section 196 amended (Fees, costs and charges)
12. Section 197 amended (Sale or destruction of unclaimed animals)
13. Section 270 amended (Eligibility for nomination as councillor)
14. Section 315 amended (False or misleading statements)
15. Section 338A amended (Disclosure of information)
2
16. Section 339E amended (Complaints against non-compliance or
offence)
17. Section 340A amended (Allowances)
18. Section 341 amended (Immunity from liability)
19. Section 349A inserted
349A. Savings and transitional provisions consequent on
Local Government Amendment (Code of Conduct)
Act 2015
20. Schedule 2A inserted
Schedule 2A - Membership of Code of Conduct Panel
21. Schedule 5 amended (Office of Councillors)
22. Schedule 8A inserted
Schedule 8A - Savings and Transitional Provisions
Consequent on Local Government Amendment (Code
of Conduct) Act 2015
23. Repeal of Act
3
4
LOCAL GOVERNMENT AMENDMENT (CODE OF
CONDUCT) BILL 2015
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
26 May 2015
(Brought in by the Minister for Planning and Local
Government, the Honourable Peter Carl Gutwein)
A BILL FOR
An Act to amend the Local Government Act 1993
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Local Government
Amendment (Code of Conduct) Act 2015.
2. Commencement
This Act commences on a day to be proclaimed.
3. Principal Act
In this Act, the Local Government Act 1993* is
referred to as the Principal Act.
*No. 95 of 1993
[Bill 15] 5
Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 4
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definitions
after the definition of closing day:
code of conduct means the model code
of conduct as adopted by a
council under section 28T, as
amended or substituted from time
to time under that section;
code of conduct complaint means a
complaint made under
section 28V and, where
appropriate, includes a part of
such a complaint;
(b) by omitting "section 28G;" from the
definition of Code of Conduct Panel and
substituting "section 28K;";
(c) by inserting the following definition after
the definition of electoral roll:
Executive Officer means the
Executive Officer appointed
under section 28M;
(d) by inserting the following definition after
the definition of member:
model code of conduct means a model
code of conduct made by the
Minister under section 28R, as
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 5
amended or substituted under that
section from time to time;
(e) by omitting the definition of Standards
Panel.
5. Section 28D amended (Documents relating to
agendas)
Section 28D of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (4):
(4A) If the general manager considers
that -
(a) a document requested by
a councillor contains
private and confidential
information relating to a
person; and
(b) that information is not
relevant to an item on the
agenda of a meeting of
the council or a council
committee -
the general manager may provide
the document after redacting or
otherwise removing that
information.
(b) by inserting the following subsections
after subsection (5):
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Local Government Amendment (Code of Conduct) Act 2015
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(6) The general manager may refuse
to provide the councillor with a
document, or part of a document,
if the general manager considers
that the document, or part, is not
relevant to an item on the agenda
of a meeting of the council or a
council committee.
(7) If the general manager under
subsection (4A) has provided a
document to a councillor after
redacting or otherwise removing
that information the council may
direct the general manager to
provide the document to the
councillor without redacting or
otherwise removing any
information.
(8) If the general manager under
subsection (6) has refused to
provide a document or part of a
document to a councillor, the
council may direct the general
manager -
(a) to provide the document
or part to the councillor
without redacting or
otherwise removing any
information from the
document or part under
subsection (4A); or
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 6
(b) to determine under
subsection (4A) whether
any information in the
document should be
redacted or otherwise
removed, and then to
provide the document to
the councillor, whether
with or without any
information being so
redacted or removed.
(9) The general manager is to comply
with a direction of the council
given under subsection (8).
6. Sections 28E, 28F, 28G, 28H and 28I repealed
Sections 28E, 28F, 28G, 28H and 28I of the
Principal Act are repealed.
7. Part 3, Division 3A inserted
After section 28J of the Principal Act, the
following Division is inserted in Part 3:
Division 3A - Code of conduct, complaints and complaint
resolution
Subdivision 1 - Code of Conduct Panel and Executive
Officer
28K. Code of Conduct Panel
(1) The Code of Conduct Panel is
established.
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Act No. of
s. 7
(2) The Minister is to appoint as members of
the Code of Conduct Panel as many of
the following persons as the Minister
considers appropriate:
(a) Australian lawyers;
(b) persons who have experience in
local government but who are not
councillors or employees of any
council and have not been such
councillors or employees within
the immediately preceding 2
years.
(3) Before appointing persons to be members
of the Code of Conduct Panel, the
Minister may give notice, in any manner
he or she considers appropriate, that
persons interested in being members may
provide written expressions of interest to
the Minister.
(4) Schedule 2A applies in relation to the
members of the Code of Conduct Panel.
(5) The instrument of appointment of a
member of the Code of Conduct Panel
may include conditions of appointment
that are not inconsistent with
Schedule 2A.
28L. Constitution of Code of Conduct Panel
(1) In the investigation and determination of
a code of conduct complaint against a
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councillor, the Code of Conduct Panel is
to be constituted by 3 members selected
by the Executive Officer of whom -
(a) one is to be an Australian lawyer;
and
(b) 2 are to be persons who have
experience in local government.
(2) The chairperson of the Code of Conduct
Panel is a person referred to in
subsection (1)(b) who is appointed as
chairperson by the Executive Officer.
28M. Executive Officer
(1) The Secretary of the Department, on
behalf of the Crown, is to appoint a
person as Executive Officer in relation to
the Code of Conduct Panel.
(2) If the Secretary of the Department
appoints a State Service officer or a State
Service employee as Executive Officer,
the following provisions apply:
(a) that officer or employee may hold
a position or office under the
State Service Act 2000 in
conjunction with the office of
Executive Officer;
(b) the State Service Act 2000 does
not apply in relation to the office
of Executive Officer;
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 7
(c) that officer or employee is not
entitled to receive any
remuneration as Executive
Officer.
(3) The Executive Officer is appointed for
the term, and on the conditions, specified
in his or her instrument of appointment.
28N. Functions of Executive Officer
The Executive Officer has the following
functions:
(a) administrative functions in
relation to the Code of Conduct
Panel;
(b) the functions specified in his or
her instrument of appointment;
(c) other functions prescribed by this
Act;
(d) other functions determined by the
Minister.
28O. Payment of remuneration and allowances to
members of Code of Conduct Panel and
Executive Officer
(1) In this section -
State-employed Executive Officer
means an Executive Officer who
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 7
is also a State Service officer or
State Service employee.
(2) A member of the Code of Conduct Panel
is entitled to receive the remuneration
and allowances determined by the
Minister from time to time.
(3) The remuneration and allowances
payable under subsection (2) to a
member of the Code of Conduct Panel in
relation to a code of conduct complaint
and its investigation and determination
are payable by the relevant council.
(4) An Executive Officer -
(a) who is not a State-employed
Executive Officer is entitled to
receive the remuneration and
allowances determined by the
Minister from time to time; or
(b) who is a State-employed
Executive Officer is entitled to
receive only the allowances
determined by the Minister from
time to time.
(5) The remuneration and allowances
payable under subsection (4) to an
Executive Officer in relation to a code of
conduct complaint and its investigation
and determination are payable by the
relevant council.
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(6) In the case of a State-employed
Executive Officer, the remuneration that
would be payable to an Executive Officer
in relation to a code of conduct complaint
were he or she not a State-employed
Executive Officer is payable -
(a) to the government department in
or for which the State-employed
Executive Officer is employed in
his or her capacity as a State
Service officer or State Service
employee; and
(b) by the relevant council.
28P. Requesting provision of information
(1) Each of the following persons may
request, in writing, the Code of Conduct
Panel or Executive Officer to provide
information and documents relating to
the performance of its or his or her
functions as specified in the request:
(a) the Minister;
(b) the Secretary of the Department;
(c) the Director;
(d) the Board.
(2) The Code of Conduct Panel or Executive
Officer is to comply with a request made
under subsection (1).
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s. 7
28Q. Providing information to Code of Conduct
Panel
If a person is required to, or may, provide
a document to the Code of Conduct Panel
or the chairperson of the Code of
Conduct Panel, the person may provide it
to either the Panel or the Executive
Officer.
Subdivision 2 - Code of conduct
28R. Model code of conduct
(1) The Minister, by order, is to make a
model code of conduct relating to the
conduct of councillors.
(2) The Minister, by order, may amend or
revoke and substitute the model code of
conduct.
(3) The Minister is to make a copy of the
model code of conduct available to each
council as soon as practicable after the
model code of conduct is made, amended
or revoked and substituted.
28S. Contents of model code of conduct
(1) The model code of conduct as made,
amended or substituted under
section 28R must be consistent with this
Act and is to provide for the following
matters:
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 7
(a) what constitutes a conflict of
interest for a councillor and the
procedure to be followed if a
councillor has a conflict of
interest;
(b) the proper and improper use by a
councillor of his or her office
with the council;
(c) the proper and improper use by a
councillor of council resources;
(d) the proper and improper use by a
councillor of information
obtained in his or her office with
the council;
(e) the right of a councillor to receive
gifts and benefits and the
procedure to be followed by a
councillor when receiving gifts
and benefits in the situations
specified in the model code of
conduct;
(f) the appropriate or inappropriate
behaviour of a councillor in his or
her relationships with the
community, other councillors and
council employees;
(g) the proper and improper manner
in which a councillor represents
himself or herself as a councillor,
and represents the council, to the
community;
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
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(h) any prescribed matter.
(2) The model code of conduct may provide
for any other matter relating to the
conduct of councillors that the Minister
considers appropriate and is consistent
with this Act.
28T. Code of conduct
(1) Within 3 months after the day on which
an order under section 28R(1) takes
effect, each council must adopt the model
code of conduct, either with or without
any variations permitted under
subsection (3), as its code of conduct
relating to the conduct of its councillors.
(2) Within 3 months after the Minister
makes available to councils an
amendment to the model code of conduct
or a substitute model code of conduct, a
council must adopt the amendment, or
revoke its code of conduct and adopt the
substitute model code of conduct as its
code of conduct, either with or without
variations permitted under subsection (3).
(3) In adopting the model code of conduct,
an amendment to the model code of
conduct or a substitute code of conduct, a
council may vary the model code of
conduct, amendment or substitute model
code of conduct -
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Act No. of
s. 7
(a) in any manner that is allowed by
the model code of conduct,
amendment or substitute model
code of conduct or is prescribed;
and
(b) in any other manner that is not
inconsistent with the model code
of conduct, model code of
conduct as amended or substitute
model code of conduct and this
Act.
(4) The general manager is to make a copy
of the council's code of conduct
available -
(a) for public inspection, free of
charge, at the public office of the
council during ordinary office
hours and on its website; and
(b) for purchase at a reasonable
charge.
(5) A council is to review its code of conduct
within 3 months after each ordinary
election.
28U. Compliance with code of conduct
In performing the functions and
exercising the powers of his or her office
with a council, a councillor is to comply
with the provisions of the council's code
of conduct.
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Subdivision 3 - Complaints against councillors
28V. Making code of conduct complaint against
councillor
(1) A person may make a complaint against
one councillor in relation to the
contravention by the councillor of the
relevant council's code of conduct.
(2) A person may make a complaint against
more than one councillor in relation to
the contravention by the councillors of
the relevant council's code of conduct if
all the councillors complained against
behaved on a particular occasion in such
a manner as to commit the same alleged
contravention of the code of conduct.
(3) A complaint is to -
(a) be in writing; and
(b) state the name and address of the
complainant; and
(c) state the name of each councillor
against whom the complaint is
made; and
(d) state the provision of the relevant
code of conduct that the
councillor has allegedly
contravened; and
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 7
(e) contain details of the behaviour
of each councillor that constitutes
the alleged contravention; and
(f) be lodged with the general
manager of the relevant council
within 90 days after the
councillor or councillors against
whom the complaint is made
allegedly committed the
contravention of the code of
conduct; and
(g) be accompanied by any
prescribed fee.
(4) A complaint may not be made by more
than 2 complainants jointly.
28W. Withdrawal of or from code of conduct
complaint
(1) All complainants in a code of conduct
complaint, jointly, may withdraw the
complaint, at any time before the
complaint has been determined by the
Code of Conduct Panel, by notice in
writing provided to the general manager
or the Code of Conduct Panel.
(2) If a code of conduct complaint is made
by 2 complainants, one of those
complainants may withdraw from the
complaint, by notice in writing provided
to the general manager or the Code of
Conduct Panel, at any time before the
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 7
complaint has been determined by the
Code of Conduct Panel.
(3) If a notice withdrawing a code of conduct
complaint, or withdrawing from a code
of conduct complaint, is provided to the
general manager after the complaint has
been referred to the Code of Conduct
Panel, the general manager is to notify
the Executive Officer, in writing, of the
withdrawal.
(4) On becoming aware of a notice
withdrawing a code of conduct complaint
or a notice withdrawing from a code of
conduct complaint, the Code of Conduct
Panel is to notify the following persons,
in writing, of the withdrawal:
(a) the general manager, unless the
notice was originally provided to
him or her under subsection (3);
(b) if the councillor against whom
the complaint is made has been
notified of the complaint, the
councillor.
28X. Amendment of code of conduct complaint
(1) A complainant, in writing provided to the
general manager or the Code of Conduct
Panel, may amend a code of conduct
complaint at any time before the Code of
Conduct Panel commences an
investigation into the complaint.
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s. 7
(2) If the Code of Conduct Panel has
commenced its investigation into a code
of conduct complaint, a complainant may
amend the complaint with the consent of
the Code of Conduct Panel.
(3) If a notice amending a code of conduct
complaint is provided to the general
manager after the complaint has been
referred to the Code of Conduct Panel,
the general manager is to notify the
Executive Officer, in writing, of the
amendment.
(4) On becoming aware of an amendment to
a code of conduct complaint, the Code of
Conduct Panel is to notify the following
persons, in writing, of the amendment:
(a) the general manager, unless the
complainant provided the
amendment to the general
manager;
(b) if the councillor against whom
the complaint is made has been
notified of the complaint, the
councillor.
28Y. Initial assessment of complaint by general
manager
(1) On receiving a code of conduct
complaint, a general manager is to assess
the complaint to determine whether it
meets the requirements of section 28V.
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s. 7
(2) Subsection (1) does not apply if the
general manager is the complainant.
(3) If the general manager determines that
the code of conduct complaint does not
meet the requirements of section 28V, he
or she is to return the complaint to the
complainant and notify the complainant,
in writing -
(a) that the complaint does not meet
the requirements of section 28V
for the reasons set out in the
notice; and
(b) that the complainant may lodge
an amended or substituted
complaint without payment of a
further fee under
section 28V(3)(g) -
(i) within the period
specified in section 28V
for lodging a code of
conduct complaint; or
(ii) if the complaint is
returned to the
complainant after the end
of that period or less than
14 days before the end of
that period, within 14
days after receiving the
returned complaint.
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s. 7
28Z. Referral of code of conduct complaint by
general manager
(1) On receiving a code of conduct
complaint and after determining, if
required to do so, that the complaint
meets the requirements of section 28V,
the general manager -
(a) if the complaint is against less
than half of all the councillors of
the council, is to refer the
complaint to the Code of Conduct
Panel by providing it to the
Executive Officer; and
(b) if the complaint is against one
half or more of all the councillors
of the council, is to refer the
complaint to the Director.
(2) If a code of conduct complaint is referred
to the Director, the Director is to
determine whether he or she accepts or
refuses to accept the referral and is to
notify the general manager of that
determination within 28 days after
receiving the referral.
(3) If the Director fails to notify the general
manager as required by subsection (2),
the Director is taken to have accepted the
referral of the code of conduct complaint.
(4) If the Director accepts the referral of the
code of conduct complaint -
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(a) the complaint is taken to be a
complaint made to the Director
under section 339E and ceases to
be a code of conduct complaint;
and
(b) the Director is to proceed under
that section in relation to the
complaint.
(5) If the Director refuses to accept the
referral of the code of conduct complaint,
the general manager, as soon as
practicable, is to refer the complaint to
the Code of Conduct Panel by providing
it to the Executive Officer.
(6) If a code of conduct complaint is referred
to the Code of Conduct Panel, the
Executive Officer is to -
(a) keep the original complaint or a
copy of it; and
(b) in accordance with section 28L,
constitute the Code of Conduct
Panel to investigate the complaint
and appoint the chairperson of the
Panel; and
(c) provide a copy of the complaint
to the chairperson.
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28ZA. Initial assessment of code of conduct
complaint by chairperson of Code of
Conduct Panel
(1) On receiving a code of conduct
complaint, the chairperson of the Code of
Conduct Panel is to do an initial
assessment of the complaint to determine
whether to do one or more of the
following:
(a) dismiss the whole complaint;
(b) dismiss part of the complaint;
(c) refer the whole complaint to
another person or authority;
(d) refer part of the complaint to
another person or authority;
(e) determine that the whole
complaint is to be investigated
and determined by the Code of
Conduct Panel;
(f) determine that part of the
complaint is to be investigated
and determined by the Code of
Conduct Panel.
(2) The initial assessment is to be completed
within such period as will enable the
chairperson of the Code of Conduct
Panel to comply with subsection (3).
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(3) Within 28 days after receiving the code
of conduct complaint, the chairperson of
the Code of Conduct Panel -
(a) is to notify the complainant and
the general manager, in writing,
of the result of the initial
assessment and the reasons for it;
and
(b) if the chairperson has determined
that the whole or part of the
complaint is to be investigated
and determined by the Code of
Conduct Panel, is to -
(i) notify the councillor
against whom the
complaint is made, in
writing, of the result of
the initial assessment and
the reasons for it; and
(ii) provide a copy of the
complaint to that
councillor; and
(iii) provide a copy of the
complaint to the other
members of the Code of
Conduct Panel.
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28ZB. Dismissal of code of conduct complaint on
initial assessment
(1) The chairperson of the Code of Conduct
Panel, on an initial assessment, may
dismiss the code of conduct complaint, or
part of it, if he or she considers that -
(a) the complaint or part is frivolous
or vexatious; or
(b) the complaint or part does not
substantially relate to a
contravention of the code of
conduct of the relevant council;
or
(c) the complainant has made the
complaint or part in contravention
of -
(i) a determination of the
chairperson made under
subsection (2); or
(ii) a determination of the
Code of Conduct Panel
made under
section 28ZI(3).
(2) If the chairperson of the Code of Conduct
Panel dismisses the code of conduct
complaint or part of it on the basis that it
is frivolous or vexatious, the chairperson,
in the notice provided under
section 28ZA(3), may direct the
complainant not to make a further
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s. 7
complaint in relation to the same matter
unless the complainant provides
substantive new information in the
further complaint.
28ZC. Referral of code of conduct complaint on
initial assessment
(1) The chairperson of the Code of Conduct
Panel, on an initial assessment, may refer
the code of conduct complaint, or part of
it, to any person or other authority that
the chairperson considers appropriate if
the chairperson reasonably considers
that -
(a) the complaint discloses that an
offence may have been
committed; or
(b) the complaint would be more
appropriately dealt with by that
other person or authority.
(2) The person or other authority to which
the code of conduct complaint is
referred -
(a) may accept the referral or refuse
to accept the referral; and
(b) is to notify the chairperson of the
Code of Conduct Panel of that
acceptance or refusal within 28
days after receiving the referral.
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(3) If the person or other authority to whom
the code of conduct complaint is referred
fails to notify the chairperson of the Code
of Conduct Panel as required by
subsection (2), the person or authority is
taken to have accepted the referral of the
code of conduct complaint.
(4) If the person or other authority to whom
the code of conduct complaint is referred
accepts the referral, the code of conduct
complaint ceases to be a code of conduct
complaint.
(5) If the person or other authority to which
the code of conduct complaint is referred
refuses to accept the referral, the
chairperson of the Code of Conduct
Panel is to do a further initial assessment
under section 28ZA within 21 days after
being notified of that refusal.
(6) On doing a further initial assessment
under section 28ZA as required by
subsection (5) -
(a) the chairperson is to comply with
section 28ZA as if doing a first
initial assessment; and
(b) if the chairperson determined on
the original initial assessment to
investigate a part of the code of
conduct complaint and had
notified the councillor against
whom the complaint was made of
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Act No. of
s. 7
that determination, the
chairperson is to notify the
councillor of the result of the
further initial assessment in
addition to any other notice the
chairperson is required to provide
under section 28ZA.
28ZD. Time for investigating and determining code
of conduct complaint
(1) The Code of Conduct Panel is to make
every endeavour to investigate and
determine a code of conduct complaint -
(a) if the chairperson of the Panel has
determined under section 28ZA
to investigate and determine the
whole complaint, within 90 days
after that determination; or
(b) if the chairperson of the Panel has
determined under section 28ZA
to investigate and determine part
of the complaint but to refer to a
person or other authority another
part of the complaint, within 120
days after that determination.
(2) If the Code of Conduct Panel is unable to
investigate and determine a code of
conduct complaint, or part of a code of
conduct complaint, within the period
specified in subsection (1), the Panel is to
include the reasons for that in its written
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 7
determination made in accordance with
section 28ZJ.
28ZE. Conduct of investigations generally
(1) In the investigation of a code of conduct
complaint, the Code of Conduct Panel -
(a) is to conduct the investigation
with as little formality, and as
expeditiously, as is reasonably
practicable in the particular
circumstances; and
(b) is not bound by the rules of
evidence and may inform itself
on any matter in any manner it
considers appropriate; and
(c) must observe the rules of natural
justice; and
(d) may regulate its own procedure.
(2) In the investigation of a code of conduct
complaint, the Code of Conduct Panel
may -
(a) determine what evidence is
required to enable it to determine
the complaint; and
(b) subject to subsection (3),
determine the manner in which it
will accept evidence from the
complainant, the councillor
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 7
against whom the complaint is
made and any witnesses.
(3) In an investigation of a code of conduct
complaint, the Code of Conduct Panel
may accept evidence given orally on oath
or affirmation or by written submissions
and documents provided in, or annexed
to, a statutory declaration.
(4) At any time during an investigation of a
code of conduct complaint, the Code of
Conduct Panel, in writing, may request
the complainant, the councillor against
whom the complaint is made, a witness
or the relevant council to provide
information and documents, or further
information and documents (including
information, and documents containing
information, of a kind referred to in
section 338A), that the Panel considers
may be relevant to the determination of
the complaint.
(5) A person who has been requested under
subsection (4) to provide information and
documents, or further information and
documents, is to do so within -
(a) the period specified in the
request; or
(b) such longer period as the Code of
Conduct Panel, before the
expiration of the period specified
in the request, may allow.
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 7
(6) If a council or a councillor in response to
a request under subsection (4) provides
to the Code of Conduct Panel
information, or a document containing
information, of a kind referred to in
section 338A, a member of the Code of
Conduct Panel must not disclose that
information or document to any person
except as otherwise allowed by
sections 28ZJ and 28ZK.
28ZF. Investigation of multiple code of conduct
complaints against same councillor or
multiple councillors
(1) If there are a number of code of conduct
complaints against the same councillor or
different councillors of the same council
and the complaints relate to the same
contravention of the council's code of
conduct, the Code of Conduct Panel may
determine to conduct a joint investigation
into all the complaints.
(2) The Code of Conduct Panel may only
make a determination to conduct a joint
investigation after considering the wishes
of all complainants and councillors
against whom the complaints are made.
(3) If the Code of Conduct Panel determines
under subsection (1) to conduct a joint
investigation and the total number of
councillors involved in the investigation
is half or more of all the councillors of
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 7
the relevant council, the Panel is to refer
the complaints to the Director.
(4) If the Code of Conduct Panel refers the
code of conduct complaints to the
Director, the Director is to determine
whether he or she accepts or refuses to
accept the referral and is to notify the
Panel of that determination within 28
days after receiving the referral.
(5) If the Director fails to notify the Code of
Conduct Panel as required by
subsection (4), the Director is taken to
have accepted the referral of the code of
conduct complaints.
(6) If the Director accepts the referral of the
code of conduct complaints -
(a) the complaints are taken to be
complaints made to the Director
under section 339E and cease to
be code of conduct complaints;
and
(b) the Director is to proceed under
that section in relation to the
complaints.
28ZG. When hearing is to be held
(1) Except as provided by subsection (2), the
Code of Conduct Panel is to conduct the
investigation of a code of conduct
complaint by means of a hearing.
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 7
(2) The Code of Conduct Panel may
determine that a code of conduct
complaint may be investigated without a
hearing if it reasonably considers that -
(a) neither the complainant nor the
councillor against whom the
complaint is made will be
disadvantaged if a hearing is not
held and it is appropriate in the
circumstances not to hold a
hearing; or
(b) a hearing would be inappropriate
in the circumstances because of
the possibility that the
complainant, the councillor
against whom the complaint is
made or a witness may suffer
intimidation or bribery; or
(c) a hearing is unnecessary in the
circumstances because the
investigation can be adequately
conducted by means of written
submissions or examination of
documentary evidence, or both.
(3) If the Code of Conduct Panel determines
not to hold a hearing, the members of the
Panel may participate in a meeting of the
Panel by telephone, television
conference, written communication or
any other means of communication
approved by the Panel.
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 7
(4) At any time after the Code of Conduct
Panel has determined not to hold a
hearing, the Panel may determine to hold
a hearing in relation to the code of
conduct complaint as a whole or to part
of the code of conduct complaint.
28ZH. Hearings
(1) Subject to this Act, the Code of Conduct
Panel may regulate the procedure of its
hearings.
(2) A hearing -
(a) is to take the form of an inquiry
by the Code of Conduct Panel
into the matters raised in the code
of conduct complaint that are in
dispute; and
(b) is not to be adversarial.
(3) At a hearing, witnesses may be called by
the complainant, the councillor against
whom the complaint is made and the
Code of Conduct Panel.
(4) Evidence at a hearing is to be taken by
the Code of Conduct Panel -
(a) on oath or affirmation; and
(b) subject to a requirement of the
Code of Conduct Panel under
subsection (5), may be given
orally or in writing.
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 7
(5) The Code of Conduct Panel may require
a person, by written notice, to attend a
hearing and give evidence in person or
provide documents, or both.
(6) If the Code of Conduct Panel consents, a
complainant or councillor against whom
the code of conduct complaint is made
may be represented at a hearing by an
advocate who is not an Australian
lawyer.
(7) A hearing is closed to the public.
28ZI. Determination of code of conduct complaint
(1) After completing its investigation of a
code of conduct complaint, the Code of
Conduct Panel is to determine the
complaint by -
(a) upholding the complaint; or
(b) dismissing the complaint; or
(c) upholding part of the complaint
and dismissing the remainder of
the complaint.
(2) If the code of conduct complaint or part
of it is upheld, the Code of Conduct
Panel may impose one or more of the
following sanctions on the councillor
against whom the complaint is made:
(a) a caution;
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 7
(b) a reprimand;
(c) a requirement to apologise to the
complainant or other person
affected by the contravention of
the code of conduct;
(d) a requirement to attend
counselling or a training course;
(e) a suspension from performing
and exercising the functions and
powers of his or her office as a
councillor for a period not
exceeding one month.
(3) If the code of conduct complaint or part
of it is dismissed, the Code of Conduct
Panel may determine that the
complainant may not make a further
complaint in relation to the same matter
for a period not exceeding 12 months
unless the complainant provides
substantive new information in the
further complaint.
28ZJ. Determination report
(1) The determination of a code of conduct
complaint by the Code of Conduct Panel
under section 28ZI is to be in writing and
is to contain -
(a) a summary of the complaint; and
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 7
(b) the determination of the Code of
Conduct Panel; and
(c) the Code of Conduct Panel's
reasons for the determination; and
(d) if the code of conduct complaint
or part of it is upheld and the
Code of Conduct Panel has
imposed a sanction on a
councillor, that sanction and a
reasonable period within which
the councillor is to comply with
the sanction; and
(e) if the code of conduct complaint
or part of it is dismissed and the
Code of Conduct Panel
determines under section 28ZI(3)
that the complainant may not
make a further complaint in
relation to the same matter, a
direction to the complainant to
that effect; and
(f) a statement that a person
aggrieved by the determination of
the Code of Conduct Panel is
entitled, under section 28ZO, to
apply to the Magistrates Court
(Administrative Appeals
Division) for a review of that
determination on the ground that
the Panel has failed to comply
with the rules of natural justice.
40
Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 7
(2) The determination of a code of conduct
complaint must not contain any
information of a kind referred to in
section 338A but, if the Code of Conduct
Panel considers that any such
information is relevant to the report and
should be included, it is to include that
information in an addendum to the
report.
28ZK. Notification of determination of code of
conduct complaint
(1) In this section -
addendum means an addendum to a
determination report referred to in
section 28ZJ(2);
determination report means the
written determination of a code of
conduct complaint by the Code of
Conduct Panel as required by
section 28ZJ without any
addendum.
(2) Within 28 days after determining a code
of conduct complaint, the Code of
Conduct Panel is to provide a copy of its
determination report to -
(a) each complainant; and
(b) each councillor against whom the
complaint is made; and
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 7
(c) the general manager of the
relevant council; and
(d) the Director.
(3) If the Code of Conduct Panel has
produced an addendum, it is to provide a
copy of it to -
(a) if the complainant is a councillor,
that complainant; and
(b) each councillor against whom the
complaint is made; and
(c) the general manager of the
relevant council; and
(d) the Director.
(4) If the general manager receives a
determination report but no addendum,
the general manager is to ensure that a
copy of the determination report is tabled
at the first meeting of the relevant
council at which it is practicable to do so
and which is open to the public.
(5) If the general manager receives a
determination report and also an
addendum, the general manager is to
ensure -
(a) that a copy of the determination
report without addendum is
tabled at the first meeting of the
relevant council at which it is
42
Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 7
practicable to do so and which is
open to the public; and
(b) that a copy of the determination
report with addendum is tabled at
the first meeting of the relevant
council at which it is practicable
to do so and which is closed to
the public.
28ZL. Councillor to comply with sanction imposed
for contravention of code of conduct
(1) In this section -
determination report means the
written determination of a code of
conduct complaint by the Code of
Conduct Panel as required by
section 28ZJ.
(2) If, when determining a code of conduct
complaint, the Code of Conduct Panel
imposes a sanction on a councillor that
requires the councillor to apologise to a
person or to attend counselling or a
training course, the councillor must
comply with that sanction within the
period specified in the determination
report.
Penalty: Fine not exceeding 50 penalty
units.
(3) Within 7 days after a councillor has fully
complied with a sanction referred to in
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 7
subsection (2), the councillor is to notify
the general manager that he or she has
done so.
(4) If a councillor fails to comply with a
sanction referred to in subsection (2)
within the period specified in the
determination report, the relevant general
manager is to notify the Director, in
writing, of that fact.
(5) On receipt of a notice provided under
subsection (4), the Director is to deal
with the notice as if it were a complaint
under section 339E.
28ZM. Costs of parties relating to code of conduct
complaint
The complainant in a code of conduct
complaint and the councillor against
whom the complaint is made are to bear
their own costs relating to the
investigation and determination of the
complaint.
28ZN. Refund of fee accompanying lodgement of
code of conduct complaint
A council must refund to each
complainant who has lodged a code of
conduct complaint, in equal shares, any
fee paid with the lodgement in
accordance with section 28V(3)(g) in any
of the following circumstances:
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 7
(a) the complaint is referred to the
Director by the general manager
under section 28Z(1)(b) and
accepted by the Director;
(b) the whole complaint is referred to
a person or other authority by the
chairperson of the Code of
Conduct Panel on initial
assessment under
section 28ZA(1)(c) and is
accepted by that person or
authority;
(c) the whole complaint is withdrawn
at any time before it is referred by
the general manager to the Code
of Conduct Panel under
section 28Z(1);
(d) the complaint or part of the
complaint is upheld on
determination by the Code of
Conduct Panel;
(e) all councillors against whom the
complaint is made resign or lose
the office of councillor before the
complaint is dealt with as
specified in paragraph (a), (b),
(c) or (d), as the case requires.
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Act No. of
s. 8
Subdivision 4 - Reviews of Code of Conduct Panel
decisions
28ZO. Review of Code of Conduct Panel decision
If a person is aggrieved by the
determination of a code of conduct
complaint by the Code of Conduct Panel
on the ground that the Panel failed to
comply with the rules of natural justice -
(a) the person may apply to the
Magistrates Court
(Administrative Appeals
Division) for a review of that
determination on that ground; and
(b) that determination is a reviewable
decision for the purposes of the
Magistrates Court
(Administrative Appeals Division)
Act 2001.
8. Section 72 amended (Annual report)
Section 72 of the Principal Act is amended as
follows:
(a) by inserting the following paragraphs
after paragraph (b) in subsection (1):
(ba) a statement of the number of code
of conduct complaints that were
upheld either wholly or in part
during the preceding financial
year;
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 8
(bb) the total costs met by the council
during the preceding financial
year in respect of all code of
conduct complaints dealt with
under Division 3A of Part 3
during the preceding financial
year;
(b) by omitting from subsection (2)(a) "2
copies" and substituting "one copy";
(c) by omitting paragraph (d) from
subsection (2) and substituting the
following paragraph:
(d) advertise the availability of the
report, together with an invitation
to electors to lodge with the
council submissions on the
report, in a daily newspaper
circulating in the municipal area.
(d) by omitting subsection (3) and
substituting the following subsection:
(3) Submissions received by the
council on its report are to be
discussed -
(a) if the council holds an
Annual General Meeting,
at the Annual General
Meeting; or
(b) if the council does not
hold an Annual General
Meeting, at the next
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 9
practicable ordinary
meeting of the council.
9. Section 72B amended (Annual General Meeting)
Section 72B of the Principal Act is amended as
follows:
(a) by omitting subsections (1) and (2) and
substituting the following subsections:
(1) A council may determine whether
or not to hold an Annual General
Meeting.
(1A) If a council determines to hold an
Annual General Meeting, the
council must hold it on a date
that -
(a) is not later than 15
December in each year;
and
(b) is at least 14 days after the
date of the first
publication of a notice
under subsection (2).
(2) If a council determines to hold an
Annual General Meeting, the
council must publish on at least
one occasion in a daily
newspaper circulating in the
municipal area a notice
specifying the date, time and
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 10
place of the Annual General
Meeting.
(b) by inserting in subsection (3) "at an
Annual General Meeting" after
"present";
(c) by omitting from subsection (3)(b) "or
other prescribed newspaper".
10. Section 195 amended (Notice of impounding)
Section 195(2) of the Principal Act is amended
as follows:
(a) by omitting "give the following details:"
and substituting "contain the following
information, details and statements:";
(b) by omitting paragraph (d) and
substituting the following paragraphs:
(d) a statement that fees, costs and
charges may be payable to the
council in relation to its
impounding, maintenance and
treatment;
(e) if any fee, cost or charge referred
to in paragraph (d) is
ascertainable at the time the
notice is prepared, the amount of
that fee, cost or charge;
(f) a statement that the animal may
be sold, given away or destroyed
if -
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 11
(i) the animal is not claimed
within 14 days after its
impounding; or
(ii) any fee, cost or charge
referred to in
paragraph (d) is not paid
within 14 days after the
date of the notice;
(g) the date on or the period during
which, and the place at which, the
animal may be sold, given away
or destroyed if it is not claimed.
11. Section 196 amended (Fees, costs and charges)
Section 196 of the Principal Act is amended by
omitting subsections (1) and (2) and substituting
the following subsection:
(1) The owner of an impounded animal is
liable to pay the fees, costs and charges
incurred by the council in respect of the
impounding, maintenance and treatment
of the animal.
12. Section 197 amended (Sale or destruction of
unclaimed animals)
Section 197 of the Principal Act is amended as
follows:
(a) by omitting paragraph (b) from
subsection (1) and substituting the
following paragraph:
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 13
(b) any fee, cost or charge payable by
the owner has not been paid
within 14 days of the date of the
notice given under section 195.
(b) by omitting subsections (2) and (3).
13. Section 270 amended (Eligibility for nomination as
councillor)
Section 270(1) of the Principal Act is amended
by inserting after paragraph (a) the following
paragraph:
(ab) has his or her principal place of residence
in Tasmania; and
14. Section 315 amended (False or misleading
statements)
Section 315 of the Principal Act is amended by
inserting "making a notice of nomination under
section 271," after "information,".
15. Section 338A amended (Disclosure of information)
Section 338A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "A
councillor" and substituting "Except as
required, or allowed, by this Act, another
Act or any other law, a councillor";
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 16
(b) by omitting from subsection (3) "A
member" and substituting "Except as
required, or allowed, by this Act, another
Act or any other law, a member";
(c) by omitting from subsection (4) "An
employee" and substituting "Except as
required, or allowed, by this Act, another
Act or any other law, an employee".
16. Section 339E amended (Complaints against non-
compliance or offence)
Section 339E of the Principal Act is amended by
inserting after subsection (5) the following
subsection:
(6) Without limiting the power of the
Director under subsection (5) to
determine the procedure for handling
complaints or investigating matters, the
Director may dismiss a complaint at any
time after receiving it if the Director
considers that the complaint is frivolous
or vexatious.
17. Section 340A amended (Allowances)
Section 340A(5) of the Principal Act is amended
by inserting "section 28ZI(2)(e) or" after
"under".
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s. 18
18. Section 341 amended (Immunity from liability)
Section 341 of the Principal Act is amended as
follows:
(a) by omitting paragraph (c) from
subsection (1) and substituting the
following paragraphs:
(c) the Executive Officer; or
(ca) a member of the Code of Conduct
Panel or an audit panel; or
(b) by omitting from subsection (2) "a Code
of Conduct panel,";
(c) by omitting subsection (3).
19. Section 349A inserted
After section 349 of the Principal Act, the
following section is inserted in Division 3:
349A. Savings and transitional provisions
consequent on Local Government
Amendment (Code of Conduct) Act 2015
The savings and transitional provisions
set out in Schedule 8A have effect.
20. Schedule 2A inserted
After Schedule 2 to the Principal Act, the
following Schedule is inserted:
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 20
SCHEDULE 2A - MEMBERSHIP OF CODE OF
CONDUCT PANEL
Section 28K(4)
1. Interpretation
In this Schedule -
member means a member of the Code
of Conduct Panel.
2. Term of office
(1) A member is to be appointed for a period
of not more than 4 years that is specified
in the member's instrument of
appointment.
(2) If a member becomes a councillor or
employee of a council, that member's
appointment is terminated.
3. Holding other office
The holder of an office who is required
under any Act to devote the whole of his
or her time to the duties of that office, is
not disqualified from -
(a) holding that office and also the
office of a member; or
(b) accepting any remuneration
payable to an appointed member
unless the holder's office is the
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Local Government Amendment (Code of Conduct) Act 2015
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s. 20
office of a State Service officer or
a State Service employee.
4. State Service Act
(1) A person may hold the office of a
member in conjunction with the office of
a State Service officer or a State Service
employee.
(2) The State Service Act 2000 does not
apply to a person referred to in
subclause (1) in his or her capacity as a
member.
5. Vacation of office
(1) A member may resign from office by
written notice provided to the Minister.
(2) A member vacates office if he or she -
(a) dies; or
(b) resigns; or
(c) is removed from office under
subclause (3).
(3) The Minister may remove a member
from office if -
(a) the Minister is satisfied that the
member is no longer qualified to
be a member of the Code of
Conduct Panel; or
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 21
(b) the Minister is satisfied that the
member is unable, because of
absence, illness or any other
reason, to perform adequately or
completely the duties of the
office of a member; or
(c) the member becomes bankrupt,
applies to take the benefit of any
law for the relief of bankrupt or
insolvent debtors, compounds
with the member's creditors or
makes an assignment of the
member's remuneration or estate
for their benefit; or
(d) the member has been convicted in
Tasmania of any offence
punishable by imprisonment for a
term of 12 months or longer or
elsewhere of any offence which if
committed in Tasmania would be
punishable by imprisonment for a
term of 12 months or longer; or
(e) the Minister is satisfied that the
member is no longer a fit and
proper person to be a member of
the Code of Conduct Panel.
21. Schedule 5 amended (Office of Councillors)
Clause 3 of Schedule 5 to the Principal Act is
amended by inserting after subclause (1) the
following subclause:
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 22
(1A) The office of a councillor also becomes
vacant when a general manager receives
notice from the Code of Conduct Panel
that the councillor has had upheld against
him or her a code of conduct complaint
in respect of which the sanction of
suspension has been imposed under
section 28ZI(2)(e) if, during the
councillor's current term of office, that is
the third code of conduct complaint in
respect of which the councillor has had
imposed on him or her such a sanction
(whether in relation to a contravention of
the same provision, or different
provisions, of the code of conduct).
22. Schedule 8A inserted
After Schedule 8 to the Principal Act, the
following Schedule is inserted:
SCHEDULE 8A - SAVINGS AND TRANSITIONAL
PROVISIONS CONSEQUENT ON LOCAL
GOVERNMENT AMENDMENT (CODE OF CONDUCT)
ACT 2015
Section 349A
1. Interpretation
(1) In this Schedule -
commencement day means the day on
which the Local Government
Amendment (Code of Conduct)
Act 2015 commences;
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 22
new Act means this Act as in force on
and after the commencement day;
previous Act means this Act as in
force immediately before the
commencement day;
previous Code of Conduct Panel
means a Code of Conduct Panel
as defined in the previous Act;
previous Regulations means -
(a) if the Local Government
(General) Regulations
2005 are in force
immediately before the
commencement day,
those regulations as in
force immediately before
that day; or
(b) if the Local Government
(General) Regulations
2015 are in force
immediately before the
commencement day,
those regulations as in
force immediately before
that day;
Standards Panel means a Standards
Panel as defined in the previous
Act.
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s. 22
(2) A reference in this Schedule to
regulation 22C of the previous
Regulations is a reference to -
(a) regulation 22C of the Local
Government (General)
Regulations 2005; or
(b) the regulation in the Local
Government (General)
Regulations 2015 that
substantially corresponds to that
regulation 22C -
as appropriate, and a reference to the
application of the previous Regulations
in relation to that regulation is a
reference to the Local Government
(General) Regulations 2005 or the Local
Government (General) Regulations 2015,
also as appropriate.
2. Code of conduct
On and after the commencement day
until a council adopts the model code of
conduct under section 28T, the code of
conduct of the council that was in force
under the previous Act immediately
before the commencement day continues
in force and is taken to be the council's
code of conduct within the meaning of
this Act.
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3. Complaints under previous Act
(1) If -
(a) before the commencement day, a
complaint against a councillor is
made under section 28F of the
previous Act; but
(b) immediately before the
commencement day, the mayor or
deputy mayor has not, under
regulation 22C of the previous
Regulations, notified the
councillor against whom the
complaint is made of the
complaint -
the complaint is to be dealt with,
investigated and determined as a code of
conduct complaint under the new Act.
(2) If -
(a) before the commencement day, a
complaint against a councillor is
made under section 28F of the
previous Act and the mayor or
deputy mayor has, under
regulation 22C of the previous
Regulations, notified the
councillor against whom the
complaint is made of the
complaint; but
(b) the 7-day period within which,
under regulation 22C of the
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
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previous Regulations, the
councillor may lodge an election
to have the complaint referred to
the Local Government
Association of Tasmania to be
dealt with by a Standards Panel
has not expired -
the previous Act and previous
Regulations continue to apply in relation
to the complaint until the end of that 7-
day period.
(3) If -
(a) before the commencement day, a
complaint against a councillor is
made under section 28F of the
previous Act; and
(b) the councillor, either before the
commencement day or as allowed
by subclause (2) and under
regulation 22C of the previous
Regulations, has lodged an
election to have the complaint
referred to the Local Government
Association of Tasmania to be
dealt with by a Standards Panel -
the previous Act and previous
Regulations continue to apply in relation
to the complaint, its hearing and a
determination.
(4) If -
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 22
(a) before the commencement day, a
complaint against a councillor is
made under section 28F of the
previous Act; and
(b) the councillor, either before the
commencement day or as allowed
by subclause (2) and under
regulation 22C of the previous
Regulations, has not lodged an
election to have the complaint
referred to the Local Government
Association of Tasmania to be
dealt with by a Standards Panel;
and
(c) the mayor or deputy mayor has
not referred the complaint to a
previous Code of Conduct
Panel -
the complaint is to be dealt with as a
code of conduct complaint under the new
Act.
(5) If -
(a) before the commencement day, a
complaint against a councillor is
made under section 28F of the
previous Act; and
(b) the councillor, either before the
commencement day or as allowed
by subclause (2) and under
regulation 22C of the previous
Regulations, has not lodged an
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 22
election to have the complaint
referred to the Local Government
Association of Tasmania to be
dealt with by a Standards Panel;
and
(c) the mayor or deputy mayor has
referred the complaint to a
previous Code of Conduct
Panel -
the previous Act and previous
Regulations continue to apply in relation
to the complaint, its hearing and
determination and in relation to an appeal
made under section 28F of the previous
Act against the decision of the previous
Code of Conduct Panel.
4. Continuation of, and termination of
membership of, previous Code of Conduct
Panel
(1) At any time on or after the
commencement day, a council is to
terminate the appointments of the
members of its previous Code of
Conduct Panel once the council is
satisfied that the Panel will not be
required, by reason of clause 3, to deal
with, hear and determine a complaint
made under section 28F of the previous
Act.
(2) On and after the commencement day
until the appointment of a member of a
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 22
previous Code of Conduct Panel that was
in force immediately before the
commencement day is terminated under
subclause (1), that appointment continues
and for that purpose the previous Act
applies to that appointment.
(3) If, on or after the commencement day, a
previous Code of Conduct Panel is
required, by reason of clause 3, to deal
with, hear and determine a complaint
made under section 28F of the previous
Act and it is necessary to appoint a new
member to the Panel, the previous Act
continues to apply -
(a) so as to allow the appointment of
the new member to the Code of
Conduct Panel; and
(b) to the appointment of the new
member until the appointment is
terminated under subclause (1).
(4) A member of the previous Code of
Conduct Panel is not entitled to receive
any benefit in respect of the termination
of his or her appointment as such a
member under subclause (1).
5. Continuation of, and termination of
membership of, Standards Panel
(1) At any time on or after the
commencement day, the Local
Government Association of Tasmania is
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 22
to terminate the appointments of the
members of its Standards Panel once that
Association is satisfied that the Panel
will not be required, by reason of
clause 3, to deal with, hear and
determine -
(a) a complaint made under
section 28F of the previous Act;
or
(b) an appeal against the
determination of such a complaint
by a previous Code of Conduct
Panel.
(2) On and after the commencement day
until the appointment of a member of a
Standards Panel that was in force
immediately before the commencement
day is terminated under subclause (1),
that appointment continues and for that
purpose the previous Act applies to that
appointment.
(3) If, on or after the commencement day,
the Standards Panel is required, by
reason of clause 3, to deal with, hear and
determine a complaint under section 28F
of the previous Act or an appeal against
the determination of such a complaint by
a previous Code of Conduct Panel and it
is necessary to convene the Standards
Panel or appoint new members to the
Standards Panel, the previous Act
continues to apply -
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Local Government Amendment (Code of Conduct) Act 2015
Act No. of
s. 23
(a) so as to allow the convening of
the Standards Panel and the
appointments of members, or new
members, to the Standards Panel;
and
(b) to the appointment of each of
those members and new members
until the appointment is
terminated under subclause (1).
(4) A member of a Standards Panel is not
entitled to receive any benefit in respect
of the termination of his or her
appointment as such a member under
subclause (1).
23. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
66 Government Printer, Tasmania