Victorian Current Acts

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LOCAL GOVERNMENT ACT 2020 - SECT 37

Suspension of Councillor

    (1)     If a Councillor is suspended under this Act, the Councillor

        (a)     ceases to be a Councillor for the term of the suspension; and

        (b)     is not entitled to receive a Councillor allowance for the term of the suspension unless this Act otherwise provides; and

        (c)     must return all Council equipment and materials to the Council at the beginning of any term of suspension that will exceed 2 months in duration.

S. 37(2) inserted by No. 23/2024 s. 8.

    (2)     If a Councillor is suspended under this Act, the following are also suspended for the duration of the Councillor's suspension—

        (a)     the examination by the Principal Councillor Conduct Registrar of—

              (i)     any application made under section 143 in relation to alleged misconduct by the Councillor; and

              (ii)     any application made under section 154 in relation to alleged serious misconduct by the Councillor;

        (b)     any internal arbitration process relating to alleged misconduct by the Councillor, including the making of any finding against the Councillor or the imposition of any sanctions on the Councillor under section 147;

        (c)     the consideration, hearing or determination by a Councillor Conduct Panel of any application made under section 154 in relation to alleged serious misconduct by the Councillor.

S. 37(3) inserted by No. 23/2024 s. 8.

    (3)     Subsection (2) does not prevent—

        (a)     the making of an application under section 143 or 154 against the Councillor; or

        (b)     the withdrawal of an application made under section 143 or 154 against the Councillor; or

        (c)     the Chief Municipal Inspector, by notice under section 166, stopping consideration of a matter the subject of an application against the Councillor.



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