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This is a Bill, not an Act. For current law, see the Acts databases.


LOCAL GOVERNMENT AMENDMENT (SUSPENSION AND DISMISSAL) BILL 2018

                       Western Australia


 


 

ocal Government Amendment (Suspension and Dismissal) Bill 2018 Contents 1. Short title 2 2. Commencement 2 3. Act amended 2 4. Section 2.22 amended 2 5. Section 2.25 amended 2 6. Section 2.32 amended 2 7. Section 2.36 amended 3 8. Section 2.37A amended 3 9. Section 4.14 amended 3 10. Section 5.117 amended 4 11. Section 8.14 amended 4 12. Section 8.15 amended 5 13. Part 8 Division 2A heading replaced 5 Division 1A -- Intervention by the Minister in certain circumstances Subdivision 1 -- Council may be suspended or required to undertake remedial action 14. Section 8.15C amended 5 15. Part 8 Division 1A Subdivisions 2 and 3 inserted 6 Subdivision 2 -- Council member may be suspended or required to undertake remedial action 8.15D. Terms used 6 8.15E. Minister may suspend council member or require member to undertake remedial action 7 8.15F. Period of suspension: order under section 8.15E 9 8.15G. Suspension of certain council members may be extended while inquiry conducted 11 60--2 page i Local Government Amendment (Suspension and Dismissal) Bill 2018 Contents 8.15H. Reinstatement of council member whose suspension was extended under section 8.15G 11 8.15I. Minister may suspend council member if member fails to undertake remedial action as ordered 12 8.15J. Council member must inform CEO if charged with disqualification offence 13 Subdivision 3 -- Council member may be dismissed 8.15K. Minister may recommend that council member be dismissed 13 8.15L. Governor may dismiss council member on recommendation of the Minister 14 8.15M. Report setting out grounds to be made available to the public 14 16. Section 8.19A inserted 15 8.19A. Suspension of council member while inquiry is held 15 17. Section 8.22 amended 16 18. Section 8.23 amended 17 19. Section 8.24 amended 18 20. Section 8.25 amended 20 21. Part 8 Division 3 heading amended 20 22. Part 8 Division 3 Subdivision 1 heading inserted 20 Subdivision 1 -- Provisions about suspension of councils 23. Section 8.28 amended 20 24. Section 8.29 amended 21 25. Part 8 Division 3 Subdivision 2 inserted 21 Subdivision 2 -- Provisions about suspension of council members 8.30A. Period of suspension: orders under sections 8.15I and 8.19A 21 8.30B. Effect of suspension of council member 22 8.30C. Continuing effect of suspension 23 8.30D. Reinstatement of suspended council member 24 26. Part 8 Division 3 Subdivision 3 heading inserted 24 Subdivision 3 -- Provisions about dismissal of councils 27. Section 8.31 amended 24 page ii Local Government Amendment (Suspension and Dismissal) Bill 2018 Contents 28. Part 8 Division 3 Subdivision 4 inserted 24 Subdivision 4 -- Provisions about dismissal of council members 8.34A. No dismissal of council member except on recommendation of Minister or Inquiry Panel 24 8.34B. When dismissal of council member takes effect 25 page iii Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail)

 


 

ocal Government Amendment (Suspension and Dismissal) Bill 2018 A Bill for An Act to amend the Local Government Act 1995. The Parliament of Western Australia enacts as follows: page 1 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 1 1 1. Short title 2 This is the Local Government Amendment (Suspension and 3 Dismissal) Act 2018. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) sections 1 and 2 -- on the day on which this Act 7 receives the Royal Assent; 8 (b) the rest of the Act -- on the day after that day. 9 3. Act amended 10 This Act amends the Local Government Act 1995. 11 4. Section 2.22 amended 12 In section 2.22(1)(c) delete "on indictment". 13 5. Section 2.25 amended 14 In section 2.25(5)(b)(iiia) delete "section 5.117(1)(a)(iv); or" 15 and insert: 16 17 section 5.117(1)(a)(iv) or Part 8; or 18 19 6. Section 2.32 amended 20 After section 2.32(da) insert: 21 22 (db) is dismissed under section 8.15L or 8.25(2); or 23 page 2 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 7 1 7. Section 2.36 amended 2 (1) In section 2.36 delete "If a council is dismissed under 3 section 8.25" and insert: 4 5 (1) If a council is dismissed under section 8.25(1) 6 7 (2) At the end of section 2.36 insert: 8 9 (2) If a council member is dismissed under section 8.15L 10 or 8.25(2) the office of the member becomes vacant 11 from the time when the order dismissing the member 12 takes effect. 13 14 Note: The heading to amended section 2.36 is to read: 15 Vacancies on dismissal of council or council member 16 8. Section 2.37A amended 17 In section 2.37A(1) delete "or 8.25," and insert: 18 19 or 8.25(1), 20 21 9. Section 4.14 amended 22 In section 4.14 delete "section 8.25" and insert: 23 24 section 8.25(1) 25 page 3 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 10 1 10. Section 5.117 amended 2 In section 5.117(8) delete "section 8.29 applies to the member 3 as if the council had been suspended." and insert: 4 5 section 8.30B applies to the member. 6 7 11. Section 8.14 amended 8 (1) In section 8.14(1) delete "to the local government concerned." 9 and insert: 10 11 to -- 12 (a) the local government concerned; and 13 (b) if the council of the local government is 14 suspended -- each council member; and 15 (c) if a council member is suspended -- that 16 member. 17 18 (2) In section 8.14(2) delete "report to the local government" and 19 insert: 20 21 report, as required under subsection (1), 22 23 (3) After section 8.14(3) insert: 24 25 (4) A council member who is suspended or who is a 26 member of a council that is suspended may, within 27 35 days after receiving the report or such longer period 28 as the Minister allows, give the Minister written advice 29 setting out the member's comments on the 30 recommendations in the report. 31 page 4 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 12 1 Note: The heading to amended section 8.14 is to read: 2 Copies to be given to local government and suspended council 3 members 4 12. Section 8.15 amended 5 In section 8.15(1): 6 (a) in paragraph (a) delete "the local government's advice; 7 or" and insert: 8 9 advice under section 8.14(3) or (4); or 10 11 (b) in paragraph (b) delete "section 8.14(3)" and insert: 12 13 section 8.14(3) or (4) 14 15 13. Part 8 Division 2A heading replaced 16 Delete the heading to Part 8 Division 2A and insert: 17 18 Division 1A -- Intervention by the Minister in 19 certain circumstances 20 Subdivision 1 -- Council may be suspended or required to 21 undertake remedial action 22 23 14. Section 8.15C amended 24 In section 8.15C(2)(d) delete "the order." and insert: 25 26 the order within the time specified in the order. 27 page 5 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 15 1 15. Part 8 Division 1A Subdivisions 2 and 3 inserted 2 After section 8.15C insert: 3 4 Subdivision 2 -- Council member may be suspended or 5 required to undertake remedial action 6 8.15D. Terms used 7 In this Subdivision -- 8 disqualification offence means -- 9 (a) a serious local government offence, as defined 10 in section 2.22(3); or 11 (b) an offence against a law of this State, the 12 Commonwealth, another State or a Territory, 13 for which the indictable penalty, as defined in 14 section 2.22(3), is -- 15 (i) imprisonment for life; or 16 (ii) imprisonment for more than 5 years; 17 on which the order is based, in relation to -- 18 (a) a factor -- means a factor set out in 19 section 8.15E(2) specified in an order in 20 accordance with section 8.15E(4)(a); and 21 (b) a type of failure or conduct -- means a type of 22 failure or conduct set out in section 8.15E(3)(a) 23 specified in an order in accordance with 24 section 8.15E(4)(b); 25 reinstatement, of a member, means the reinstatement 26 of the member under section 8.15H, 8.24(4B) or 8.30D. page 6 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 15 1 8.15E. Minister may suspend council member or require 2 member to undertake remedial action 3 (1) If satisfied that it is appropriate to intervene under this 4 section, the Minister may, by order, do either or both of 5 the following -- 6 (a) suspend a council member; 7 (b) require a council member to undertake any 8 remedial action specified in the order within the 9 time specified in the order. 10 (2) The Minister can only be satisfied that it is appropriate 11 to intervene under this section if one or more of the 12 following factors exist -- 13 (a) the member has been charged with a 14 disqualification offence; 15 (b) the Departmental CEO has, under Part 5 16 Division 9, made an allegation to the State 17 Administrative Tribunal that the member has 18 committed a serious breach or a recurrent 19 breach, as those terms are defined in 20 section 5.102A; 21 (c) the circumstances set out in subsection (3) have 22 occurred. 23 (3) The circumstances referred to in subsection (2)(c) are 24 that -- 25 (a) the Departmental CEO has advised the Minister 26 in writing that the Departmental CEO suspects 27 on reasonable grounds that at least one of the 28 following apply -- 29 (i) the member has failed, or is failing, to 30 perform the member's role, functions or 31 duties under this Act; page 7 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 15 1 (ii) the member's conduct has adversely 2 affected, or is adversely affecting, the 3 ability of another person to perform 4 their role, functions or duties under this 5 Act; 6 (iii) the member's conduct has adversely 7 affected, or is adversely affecting, the 8 ability of the local government to 9 comply with the principles that apply to 10 it under section 5.40; 11 and 12 (b) the Minister is satisfied that the seriousness or 13 duration of the suspected failure or conduct 14 requires intervention under this section. 15 (4) An order made under subsection (1) must specify -- 16 (a) each paragraph of subsection (2) that sets out a 17 factor on which the order is based; and 18 (b) if subsection (2)(c) is a factor on which the 19 order is based -- each subparagraph of 20 subsection (3)(a) that sets out a type of failure 21 or conduct about which the Minister has 22 received advice from the Departmental CEO. 23 (5) Before making an order under subsection (1) the 24 Minister must -- 25 (a) give to the member written notice of the 26 proposed order that provides a description of 27 the facts of -- 28 (i) each factor on which it is proposed that 29 the order be based; and 30 (ii) if relevant, each type of failure or 31 conduct on which it is proposed that the 32 order be based; 33 and page 8 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 15 1 (b) give the member the opportunity to show cause 2 in writing, within 21 days of receiving the 3 notice or such longer period as the Minister 4 allows, as to why the Minister should not make 5 the proposed order; and 6 (c) take into consideration the member's response, 7 if any. 8 8.15F. Period of suspension: order under section 8.15E 9 (1) An order under section 8.15E(1) suspending a council 10 member ceases to have effect on whichever of the 11 following occurs first -- 12 (a) the term of office of the member ends, or the 13 member's office becomes vacant; 14 (b) the member is reinstated by the Minister; 15 (c) if section 8.15E(2)(a) or (b) is a factor on which 16 the order is based -- the matter is resolved as 17 described in subsection (2); 18 (d) if section 8.15E(2)(c) is the only factor on 19 which the order is based -- the period of 20 suspension described in subsection (3) expires. 21 (2) A matter is resolved for the purposes of 22 subsection (1)(c) when -- 23 (a) if section 8.15E(2)(a) is a factor on which the 24 order is based -- one of the following has 25 occurred in respect of each charge for a 26 disqualification offence -- 27 (i) the member is convicted of the offence 28 and any appeal has been determined, or 29 any period for appeal has expired; 30 (ii) the member is acquitted of the offence 31 and any appeal has been determined, or 32 any period for appeal has expired; page 9 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 15 1 (iii) the prosecution for the offence is 2 discontinued; 3 (b) if section 8.15E(2)(b) is a factor on which the 4 order is based -- one of the following has 5 occurred in respect of each allegation to the 6 State Administrative Tribunal that the member 7 has committed a serious breach or a recurrent 8 breach -- 9 (i) the Tribunal makes an order described 10 in section 5.117 and any appeal has 11 been determined, or any period for 12 appeal has expired; 13 (ii) the Tribunal decides that the member 14 did not commit the breach and any 15 appeal has been determined, or any 16 period for appeal has expired. 17 (3) The period of suspension for the purposes of 18 subsection (1)(d) is -- 19 (a) the period of not more than 6 months specified 20 in the order, or if no period is specified in the 21 order, the period of 6 months from when the 22 order was made; and 23 (b) if the period of suspension has been extended 24 by an order under section 8.15G(1) (an 25 extension order), the additional period of not 26 more than 6 months specified in the extension 27 order, or if no period is specified in the 28 extension order, the additional period of 29 6 months. page 10 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 15 1 8.15G. Suspension of certain council members may be 2 extended while inquiry conducted 3 (1) The Minister may, by order, extend the suspension of a 4 council member who is already suspended by an order 5 (the original order) under section 8.15E(1) if 6 section 8.15E(2)(c) is the only factor on which the 7 order is based where -- 8 (a) an inquiry is being conducted under Division 1 9 or 2 into any failure or conduct on which the 10 original order was based; and 11 (b) the Departmental CEO has advised the Minister 12 that, in the CEO's opinion, the original order 13 suspending the member will cease to have 14 effect under section 8.15F(1)(d) and (3)(a) 15 before the inquiry is completed; and 16 (c) the Minister is satisfied that each type of failure 17 or conduct on which the original order was 18 based still exists. 19 (2) For the purposes of this Act, the extended suspension 20 of a member the subject of an order under 21 subsection (1) is to be taken to have effect under the 22 original order. 23 8.15H. Reinstatement of council member whose suspension 24 was extended under section 8.15G 25 The Minister must, by order, reinstate a council 26 member the subject of an order under section 8.15G(1) 27 if the Departmental CEO advises the Minister in 28 writing that, taking into account the recommendations 29 in the report on the outcome of the inquiry, the CEO 30 considers that it is not appropriate -- 31 (a) that the member be charged with a serious local 32 government offence, as defined in 33 section 2.22(3); or page 11 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 15 1 (b) to make an allegation to the State 2 Administrative Tribunal under section 5.116(2) 3 that the member has committed a serious 4 breach. 5 8.15I. Minister may suspend council member if member 6 fails to undertake remedial action as ordered 7 (1) If the Minister is satisfied that an order by the Minister 8 under section 8.15C(2)(d) or 8.15E(1)(b), requiring a 9 member of a council to take remedial action, has not 10 been complied with according to its terms, the Minister 11 may, by order, suspend the member. 12 (2) Before making an order under subsection (1) the 13 Minister must -- 14 (a) give to the member written notice of the 15 proposed order and provide information, and if 16 available, evidence as to why the Minister is 17 satisfied that the order has not been complied 18 with; and 19 (b) give the member the opportunity to show cause 20 in writing, within 21 days of receiving the 21 notice or such longer period as the Minister 22 allows, as to why the Minister should not make 23 the proposed order; and 24 (c) take into consideration the member's response, 25 if any. 26 (3) If a member is already suspended, then an order may 27 be made under subsection (1) extending the suspension 28 of the member and, for the purpose of this Act, such an 29 order is to be taken to be an order suspending the 30 member made under this section. page 12 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 15 1 8.15J. Council member must inform CEO if charged with 2 disqualification offence 3 (1) A member of a council of a local government who has 4 been charged with a disqualification offence and does 5 not advise the CEO of the local government in writing 6 of the charge without delay commits an offence. 7 (2) If a CEO receives a notice under subsection (1), or 8 becomes aware by other means that a council member 9 has been charged with a disqualifying offence, the 10 CEO must, as soon as is practicable, give the 11 Departmental CEO written notice that the member has 12 been so charged. 13 Subdivision 3 -- Council member may be dismissed 14 8.15K. Minister may recommend that council member be 15 dismissed 16 (1) If satisfied that it is appropriate to intervene under this 17 section, the Minister may recommend that the 18 Governor dismiss a council member. 19 (2) The Minister can only be satisfied that it is appropriate 20 to intervene under this section if the Minister -- 21 (a) is of the opinion, based on the advice in writing 22 of the Departmental CEO, that either or both of 23 the following apply -- 24 (i) the member is impeding the ability of 25 the local government to perform its 26 functions and duties under this Act; 27 (ii) it is in the best interests of the local 28 government that the member be 29 dismissed; 30 and page 13 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 15 1 (b) is satisfied that the seriousness of the situation 2 for the local government requires intervention 3 under this section. 4 (3) Before making a recommendation under subsection (1) 5 the Minister must -- 6 (a) give to the member a report that contains -- 7 (i) the proposed recommendation; and 8 (ii) the grounds on which the Minister 9 proposes to make the recommendation; 10 and 11 (b) give the member the opportunity to show cause 12 in writing, within 21 days of receiving the 13 report or such longer period as the Minister 14 allows, as to why the Minister should not make 15 the proposed recommendation; and 16 (c) take into consideration the member's response, 17 if any. 18 (4) The power conferred on the Minister under 19 subsection (1) is in addition to, and does not derogate 20 from, the power conferred on the Minister under 21 section 8.24(4A) to take action in respect of an Inquiry 22 Panel's report under Division 2. 23 8.15L. Governor may dismiss council member on 24 recommendation of the Minister 25 The Governor may, by order made on the 26 recommendation of the Minister under 27 section 8.15K(1), dismiss a member of a council. 28 8.15M. Report setting out grounds to be made available to 29 the public 30 (1) On the day an order dismissing a council member 31 under section 8.15L takes effect, the Minister is to page 14 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 16 1 make available to the public in any manner that the 2 Minister thinks fit a report that contains the grounds on 3 which the Minister made the recommendation to 4 dismiss the member under section 8.15K(1). 5 (2) Despite subsection (1), the Minister may withhold the 6 report, or any part of its contents, to the extent that the 7 Minister considers that making it available might 8 prejudice a matter that is likely to come before a court 9 of law or to be the subject of an allegation to the State 10 Administrative Tribunal. 11 12 16. Section 8.19A inserted 13 After section 8.19 insert: 14 15 8.19A. Suspension of council member while inquiry is held 16 (1) Before or after appointing an Inquiry Panel to conduct 17 an inquiry and make a report about a local government, 18 the Minister may, by order, suspend a member of the 19 council of the local government if the Minister thinks 20 that the conduct of the inquiry would be likely to be 21 seriously prejudiced if the member were not 22 suspended. 23 (2) If an Inquiry Panel has not been appointed when the 24 suspension under an order made under this section 25 takes place the Minister is to appoint one within 26 6 months after the suspension. 27 (3) Before making an order under subsection (1) the 28 Minister must -- 29 (a) give to the member written notice of the 30 proposed order and the reasons why the 31 Minister thinks that the conduct of the inquiry page 15 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 17 1 would be likely to be seriously prejudiced if the 2 member were not suspended; and 3 (b) give the member the opportunity to show cause 4 in writing, within 21 days of receiving the 5 notice or such longer period as the Minister 6 allows, as to why the Minister should not make 7 the proposed order; and 8 (c) take into consideration the member's response, 9 if any. 10 (4) If a member is already suspended, then an order may 11 be made under subsection (1) extending the suspension 12 of the member and, for the purpose of this Act, such an 13 order is to be taken to be an order suspending the 14 member made under this section. 15 16 17. Section 8.22 amended 17 (1) In section 8.22(2): 18 (a) in paragraph (b) delete "reinstated." and insert: 19 20 reinstated; or 21 22 (b) after paragraph (b) insert: 23 24 (c) if subsection (2A) applies, that a council 25 member be dismissed; or 26 (d) that a council member who has been suspended 27 be reinstated. 28 page 16 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 18 1 (2) After section 8.22(2) insert: 2 3 (2A) The Inquiry Panel can only recommend that a council 4 member be dismissed if the Inquiry Panel is satisfied, 5 on reasonable grounds, that -- 6 (a) at least one of the following apply -- 7 (i) the member has failed, or is failing, to 8 perform the member's role, functions or 9 duties under this Act; 10 (ii) the member's conduct has impeded, or 11 is impeding, the ability of another 12 person to perform their role, functions 13 or duties under this Act; 14 (iii) the member's conduct has impeded, or 15 is impeding, the ability of the local 16 government to comply with the 17 principles that apply to it under 18 section 5.40; 19 and 20 (b) the seriousness or duration of that failure or 21 conduct make it inappropriate for the member 22 to continue to be a member of the governing 23 body of the local government. 24 25 18. Section 8.23 amended 26 (1) Delete section 8.23(1) and insert: 27 28 (1) If the Minister receives a report from an Inquiry Panel 29 under section 8.22(3), the Minister is to give a copy of 30 the report to -- 31 (a) the local government concerned; and page 17 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 19 1 (b) if the council of the local government is 2 suspended -- each council member; and 3 (c) if a council member is suspended -- that 4 member. 5 6 (2) In section 8.23(3) delete "law." and insert: 7 8 law or to be the subject of an allegation to the State 9 Administrative Tribunal. 10 11 (3) In section 8.23(5) delete "If the council is suspended each 12 council member" and insert: 13 14 A council member who is suspended, or who is a member of a 15 council that is suspended, 16 17 Note: The heading to amended section 8.23 is to read: 18 Copies to be given to local government and suspended council 19 members, and made available to public 20 19. Section 8.24 amended 21 (1) In section 8.24(2): 22 (a) in paragraph (a) delete "the advice of the local 23 government; or" and insert: 24 25 advice under section 8.23(4) or (5); or 26 27 (b) in paragraph (b) delete "section 8.23(4)" and insert: 28 29 section 8.23(4) or (5) 30 page 18 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 19 1 (2) In section 8.24(4)(b) delete "section 8.28," and insert: 2 3 section 8.28(3), 4 5 (3) After section 8.24(4) insert: 6 7 (4A) If, and only if, the Inquiry Panel has recommended that 8 a council member be dismissed, the Minister may 9 recommend that the Governor dismiss the member, but 10 the Minister does not have to so recommend. 11 (4B) If a council member has been suspended the 12 Minister -- 13 (a) must, by order, reinstate the member if the 14 Inquiry Panel has not recommended the 15 member's dismissal; and 16 (b) may, by order under section 8.30D, reinstate 17 the member even if the Inquiry Panel has 18 recommended the member's dismissal. 19 (4C) Subsection (4B)(a) does not apply in respect of a 20 member the subject of an order under section 8.15G(1) 21 unless there is also a duty to reinstate the member 22 under section 8.15H. 23 24 (4) In section 8.24(5): 25 (a) delete "any of its council members" and insert: 26 27 any member of its council 28 29 (b) delete "the council" and insert: 30 31 the council, or the member, 32 page 19 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 20 1 20. Section 8.25 amended 2 (1) In section 8.25 delete "The Governor" and insert: 3 4 (1) The Governor 5 6 (2) At the end of section 8.25 insert: 7 8 (2) The Governor may, by order made on the 9 recommendation of the Minister under 10 section 8.24(4A), dismiss a member of a council. 11 12 Note: The heading to amended section 8.25 is to read: 13 Dismissal of council or council member by Governor 14 21. Part 8 Division 3 heading amended 15 In the heading to Part 8 Division 3 after "councils" insert: 16 17 and council members 18 19 22. Part 8 Division 3 Subdivision 1 heading inserted 20 At the beginning of Part 8 Division 3 insert: 21 22 Subdivision 1 -- Provisions about suspension of councils 23 24 23. Section 8.28 amended 25 (1) In section 8.28(2)(c) delete "subsection (3)," and insert: 26 27 subsection (3) or section 8.24(4)(a), 28 page 20 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 24 1 (2) In section 8.28(3) delete "may, if he or she" and insert: 2 3 may by order, if the Minister 4 5 24. Section 8.29 amended 6 After section 8.29(4) insert: 7 8 (5) Despite Part 5 Division 8 -- 9 (a) while a council member is suspended that 10 member is not entitled to be paid any fee or 11 allowance to which they would otherwise be 12 entitled to be paid under Part 5 Division 8; and 13 (b) if a local government pays an annual allowance 14 or annual fee under Part 5 Division 8 to the 15 member in advance then section 5.102AB 16 applies in respect of that member as if the 17 member had, during the period of suspension, 18 ceased to hold the office to which the 19 allowance or fee relates. 20 21 25. Part 8 Division 3 Subdivision 2 inserted 22 After section 8.30 insert: 23 24 Subdivision 2 -- Provisions about suspension of 25 council members 26 8.30A. Period of suspension: orders under sections 8.15I 27 and 8.19A 28 (1) An order under section 8.15I(1) or 8.19A(1) 29 suspending a council member has effect for the period, 30 not exceeding 2 years, specified in the order or, if no page 21 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 25 1 period is so specified, for the period of 2 years from 2 when the order was made. 3 (2) An order under section 8.15I(1) or 8.19A(1) 4 suspending a council member ceases to have effect on 5 whichever of the following occurs first -- 6 (a) the period of suspension expires; 7 (b) the term of office of the member ends, or the 8 member's office becomes vacant; 9 (c) the member is reinstated by the Minister under 10 section 8.24(4B) or 8.30D. 11 8.30B. Effect of suspension of council member 12 (1) While a council member is suspended, the powers and 13 duties of the member cannot be performed by the 14 member. 15 (2) The suspension of a council member does not prevent 16 the term of office of the member from continuing to 17 run while the member is suspended. 18 (3) The suspension of a council member does not affect -- 19 (a) the application of Part 4 Divisions 3 and 4, in 20 relation to the member's office; or 21 (b) the eligibility of the member to be a candidate 22 to be elected as a member of a council, 23 including to fill the office vacated by the 24 member. 25 (4) Despite Part 5 Division 8 -- 26 (a) while a council member is suspended that 27 member is not entitled to be paid any fee or 28 allowance to which they would otherwise be 29 entitled to be paid under Part 5 Division 8; and 30 (b) if a local government pays an annual allowance 31 or annual fee under Part 5 Division 8 to the page 22 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 25 1 member in advance then section 5.102AB 2 applies in respect of that member as if the 3 member had, during the period of suspension, 4 ceased to hold the office to which the 5 allowance or fee relates. 6 8.30C. Continuing effect of suspension 7 (1) This section applies if -- 8 (a) an order under Division 1A Subdivision 2 or 9 section 8.19A(1) suspending a council member 10 ceases to have effect under section 8.15F(1)(a) 11 or 8.30A(2)(b) because -- 12 (i) the term of office of the member ended 13 under the Table to section 2.28; or 14 (ii) the member's office became vacant 15 under section 2.32(b), (e) or (f), 16 2.36A(1) or 2.37(1) or (2); 17 and 18 (b) the suspended council member is elected as a 19 member of a council, including to fill the office 20 vacated by the suspended member. 21 (2) Despite anything else in this Act -- 22 (a) an order described in subsection (1)(a) is taken 23 to continue to have effect in respect of the 24 suspended council member as if the term of 25 office of the member had not ended or the 26 office of the member had not become vacant; 27 and 28 (b) for that purpose, the order is taken to extend to 29 the member holding office as a member of a 30 council, as described in subsection (1)(b). page 23 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 26 1 8.30D. Reinstatement of suspended council member 2 The Minister may by order, if the Minister thinks fit, 3 reinstate a suspended council member with effect from 4 the time specified in the order. 5 6 26. Part 8 Division 3 Subdivision 3 heading inserted 7 Before section 8.31 insert: 8 9 Subdivision 3 -- Provisions about dismissal of councils 10 11 27. Section 8.31 amended 12 In section 8.31(1) delete "section 8.25" and insert: 13 14 section 8.25(1) 15 16 28. Part 8 Division 3 Subdivision 4 inserted 17 After section 8.34 insert: 18 19 Subdivision 4 -- Provisions about dismissal of 20 council members 21 8.34A. No dismissal of council member except on 22 recommendation of Minister or Inquiry Panel 23 (1) A council member cannot be dismissed otherwise than 24 under section 8.15L or 8.25(2). 25 (2) Subsection (1) does not affect the operation of 26 section 2.36A or 2.37. page 24 Local Government Amendment (Suspension and Dismissal) Bill 2018 s. 28 1 8.34B. When dismissal of council member takes effect 2 An order dismissing a council member has effect from 3 the day specified in the order. 4 5 Note: 6 The note at the beginning of Part 8 is to be altered in paragraph (b) by 7 deleting "councils; and" and inserting: 8 councils and members of councils; and 9 page 25

 


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