Victorian Current Acts Victorian Current ActsS. 147(1) amended by Nos 30/2022 s. 24, 23/2024 s. 57(1).
(1) If after completing the internal arbitration process, the arbiter determines that a Councillor has failed to comply with the Model Councillor Code of Conduct, the arbiter may make a finding of misconduct against the Councillor.
(2) If an arbiter has made a finding of misconduct against a Councillor, the arbiter may do any one or more of the following—
(a) direct the Councillor to make an apology in a form or manner specified by the arbiter;
S. 147(2)(b) amended by No. 23/2024 s. 57(2)(a).
(b) suspend the Councillor from the office of Councillor for a period specified by the arbiter not exceeding 3 months;
(c) direct that the Councillor be removed from any position where the Councillor represents the Council for the period determined by the arbiter;
(d) direct that the Councillor is removed from being the chair of a delegated committee for the period determined by the arbiter;
S. 147(2)(e) amended by No. 23/2024 s. 57(2)(b).
(e) direct a Councillor to attend or undergo training or counselling specified by the arbiter;
S. 147(2)(f) inserted by No. 23/2024 s. 57(2)(c).
(f) direct that the Councillor is not to attend or participate in a Council meeting specified by the arbiter that occurs after the meeting at which the decision and statement of reasons are tabled under subsection (4);
S. 147(2)(g) inserted by No. 23/2024 s. 57(2)(c).
(g) direct that the Councillor is ineligible to hold the office of Mayor or Deputy Mayor for a period specified by the arbiter not exceeding 12 months.
(3) The arbiter must provide a written copy of the arbiter's decision and statement of reasons to—
(a) the Council; and
(b) the applicant or applicants; and
(c) the respondent; and
(d) the Principal Councillor Conduct Registrar.
S. 147(4) substituted by No. 23/2024 s. 57(3).
(4) Subject to subsection (5), a copy of the arbiter's decision and statement of reasons received by the Council under subsection (3) must be tabled at and recorded in the minutes of—
(a) a Council meeting specified by the arbiter; or
(b) if no Council meeting is specified by the arbiter, the next Council meeting after the Council receives a copy of the decision and statement.
(5) If the arbiter's decision and statement of reasons contains any confidential information, the confidential information must be redacted from the copy tabled under subsection (4).
S. 147AA inserted by No. 23/2024 s. 11.