(1) This Division applies if—
(a) one of the following has been made in respect of a Councillor to which paragraph (b) applies—
(i) an application to a Councillor Conduct Panel to make a finding of serious misconduct against the Councillor;
(ii) an application to VCAT alleging gross misconduct by the Councillor;
(iii) the Minister has, by instrument, appointed a Commission of Inquiry into the Council of the Councillor;
(iv) an application has been made to the Supreme Court for the ouster from the office of Councillor of the Councillor; and
(b) the Minister has reason to believe that the Councillor—
(i) is creating a serious risk to the health and safety of Councillors or Council staff; or
(ii) in the Councillor's capacity as a Councillor, is creating a serious risk to the health and safety of other persons; or
(iii) is preventing the Council from performing its functions.