Victorian Current Acts Victorian Current Acts(1) On the recommendation of the Minister, the Governor in Council may, by Order in Council, stand down a Councillor—
(a) for a specified period not exceeding 6 months; or
(b) until an outcome specified in subsection (5) has occurred.
(2) The Minister may make a recommendation under subsection (1) if—
(a) any of the following applies in respect of the Councillor—
(i) an application has been made to a Councillor Conduct Panel or VCAT alleging serious misconduct or gross misconduct (as the case requires) by the Councillor;
(ii) the Minister has appointed a Commission of Inquiry into the Council of the Councillor;
(iii) an application has been made to the Supreme Court for the ouster from the office of Councillor of the Councillor; and
(b) the Chief Municipal Inspector or a Municipal Monitor has given the Minister a report under section 226 advising the Minister that the Councillor in respect of whom circumstances specified in paragraph (a) apply—
(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; and
(c) the Minister is satisfied 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 persons other than Councillors or Council staff; or
(iii) is behaving in a manner that is preventing the Council from performing its functions.
(3) If an Order in Council is made under subsection (1), the Minister must give a written notification to—
(a) the Councillor, who by Order in Council, must stand down;
(b) the Chief Executive Officer.
(4) If an Order in Council is made under subsection (1), for the duration of the Order—
(a) the allowance of the Councillor ordered to stand down is to be withheld; and
(b) the Councillor ordered to stand down must not perform the functions and duties of, or exercise the powers of, a Councillor including—
(i) attend any meetings of the Council; and
(ii) attend any delegated committee meetings; and
(iii) attend Council premises.
(5) The following outcomes are specified for the purposes of subsection (1)(b)—
(a) on the making of a determination by a Councillor Conduct Panel or VCAT in respect of the application;
(b) on the withdrawal of the application to the Councillor Conduct Panel or VCAT;
(c) on the dismissal of the application by the Councillor Conduct Panel or VCAT;
S. 228(5)(d) amended by No. 30/2022 s. 34.
(d) on the tabling of the report of a Commission of Inquiry under section 221 ;
(e) the Supreme Court has made a decision in respect of an application for the ouster from the office of Councillor of the Councillor that has been stood down;
(f) an application to the Supreme Court for the ouster from the office of Councillor of the Councillor that has been stood down is withdrawn.
(6) Unless one of the following applies in respect of a Councillor that has been stood down under this section, the Councillor's allowance must be returned to the Councillor when the Councillor is no longer stood down—
(a) the Councillor Conduct Panel makes a finding of serious misconduct in respect of the Councillor;
(b) VCAT makes a finding of gross misconduct in respect of the Councillor;
(c) the Commission of Inquiry has made an adverse finding in its report;
(d) the Councillor is ousted from the office of Councillor by the Supreme Court.
Pt 7 Div. 6A (Heading) inserted by No. 30/2022 s. 35.
Division 6A—Standing down of Councillor by VCAT