Victorian Current Acts

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LOCAL GOVERNMENT ACT 2020 - SECT 155

Principal Councillor Conduct Registrar must examine application

    (1)     Subject to subsection (2), the Principal Councillor Conduct Registrar, after examining an application made under section 154 , must form a Councillor Conduct Panel to hear the matter if the Principal Councillor Conduct Registrar is satisfied that—

        (a)     the application is not frivolous, vexatious, misconceived or lacking in substance; and

        (b)     there is sufficient evidence to support an allegation of serious misconduct as specified in the application; and

        (c)     the Council

              (i)     has taken sufficient or appropriate steps to resolve the matter and the matter remains unresolved; or

              (ii)     has not taken any steps to resolve the matter but the Principal Councillor Conduct Registrar is satisfied as to the Council's reasons for not taking any steps.

    (2)     The Principal Councillor Conduct Registrar may reject an application, or refer a matter the subject of an application back to the Council, if the Principal Councillor Conduct Registrar is satisfied that the matter the subject of the application has been, or is being, dealt with, by the Council or another body.

    (3)     Subject to subsections (2) and (4), the Principal Councillor Conduct Registrar must reject an application, or refer a matter the subject of an application back to the Council, if the Principal Councillor Conduct Registrar is not satisfied under subsection (1)(a), (b) or (c).

    (4)     The Principal Councillor Conduct Registrar must form a Councillor Conduct Panel to hear the matter if the application is made by the Chief Municipal Inspector for a finding of serious misconduct.

    (5)     The rejection of an application, or the referral of a matter the subject of an application back to the Council, by the Principal Councillor Conduct Registrar under this section does not prevent a further application being made under section 154 in respect of the same conduct by a Councillor that was the subject of the rejected or referred application.



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