Victorian Current Acts Victorian Current Acts(1) If a Councillor is charged with an offence specified in section 34(2)(k), (l) or (m), the Chief Municipal Inspector may apply to VCAT for an order to stand down the Councillor until proceedings in respect of the charge are finally determined.
(2) Before VCAT makes an order under subsection (1), VCAT must have regard to the nature and circumstances of the charge.
(3) An order made under subsection (1) ceases to have effect if—
(a) the relevant charge is withdrawn; or
(b) the Councillor is not convicted of the offence.
(4) If a Councillor is ordered to stand down under subsection (1), the Councillor must not perform the functions and duties of, or exercise the powers of, a Councillor including—
(a) attend any meetings of the Council; and
(b) attend any delegated committee meetings; and
(c) attend Council premises.
(5) If a person who is stood down from the office of Councillor under subsection (1) is convicted of the offence and the person lodges an appeal in respect of the conviction, the person remains stood down and their allowance must be withheld until the appeal is determined or withdrawn.
(6) If the conviction referred to in subsection (5) is quashed or set aside following the appeal the Councillor is entitled to receive any allowances that were withheld during the period the Councillor was stood down.
Division 7—Suspension of Councillors