Northern Territory Numbered Acts

LOCAL GOVERNMENT AMENDMENT ACT 2014 (NO 19 OF 2014) - SECT 10

Section 80

repeal, insert

80     Disciplinary committees

    (1)     The Minister may, by placing a person on a list of persons who are members of the classes mentioned in subsection (2), appoint the person ( eligible person ) as being eligible to be a member of a disciplinary committee.

    (2)     The classes for subsection (1) are the following:

    (a)     a legal practitioner nominated by the Attorney-General;

    (b)     a nominee of the Minister;

    (c)     a nominee of LGANT.

80A     Term of office of eligible persons

    (1)     An eligible person holds office for 3 years or the shorter period specified in the appointment.

    (2)     An eligible person may be re-appointed.

    (3)     The Minister may determine the terms and conditions on which an eligible person holds office.

80B     Vacation of office

An eligible person ceases to be eligible to be a member of a disciplinary committee if:

    (a)     the person resigns by giving written notice to the Minister; or

    (b)     the person's term of office comes to an end and the person is not re-appointed; or

    (c)     the person's appointment is terminated under section 80C(1) or (2).

80C     Termination of appointment

    (1)     The Minister may terminate the appointment of an eligible person for inability, inefficiency, misbehaviour or physical or mental incapacity.

    (2)     The Minister must terminate the appointment of an eligible person if:

    (a)     the person ceases to be a member of the class mentioned in section 80(2) from which he or she was appointed; or

    (b)     the person is found guilty of an offence of such a nature that it would be inappropriate for the person to be a member of a disciplinary committee; or

    (c)     the person:

        (i)     becomes bankrupt; or

        (ii)     applies to take the benefit of a law for the relief of bankrupt or insolvent debtors; or

        (iii)     compounds with creditors or makes an assignment of the person's remuneration for their benefit.

    (3)     A termination of appointment must be made in writing.

80D     Constitution of disciplinary committee to deal with complaint

    (1)     As soon as practicable after a complaint is lodged under section 79, the Agency must:

    (a)     constitute a disciplinary committee consisting of 3 eligible persons, one from each of the classes mentioned in section 80(2); and

    (b)     refer the complaint to the disciplinary committee.

    (2)     The disciplinary committee must appoint one of its members to be the chairperson of the disciplinary committee.

    (3)     The chairperson of the disciplinary committee coordinates the work of the disciplinary committee.