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LOCAL GOVERNMENT ACT 2009 - SECT 120
Precondition to remedial action
120 Precondition to remedial action
(1) This section applies if the Minister proposes to exercise a power under
this division.
(2) The Minister must give the local government or councillor
in question a notice of the proposal to exercise the power, before the power
is exercised, unless— (a) the local government or councillor asked the
Minister to exercise the power; or
(b) if the Minister proposes to exercise a
power under section 122 or 123 —the conduct tribunal has made a
recommendation under section 150AR to suspend or dismiss a councillor; or
(c)
the Minister considers that giving notice— (i) is likely to defeat the
purpose of the exercise of the power; or
(ii) would serve no useful purpose.
(3) The notice must state— (a) the power that the Minister proposes to
exercise; and
(b) the reasons for exercising the power; and
(c) any remedial
action that the local government or councillor should take; and
(d) a
reasonable time within which the local government or councillor may make
submissions to the Minister about the proposal to exercise the power.
(4) For
subsection (3) (a) , if the power the Minister proposes to exercise relates to
a failure by a councillor to comply with a councillor training provision, the
notice must state— (a) for a failure to comply within the period required
under the councillor training provision—that the Minister proposes to
suspend the councillor until the councillor complies with the training
provision; or
(b) for a failure to comply within 1 year after the period
required under the councillor training provision—that the Minister proposes
to dismiss the councillor.
(5) The reasons stated in the notice are the only
reasons that can be relied on in support of the exercise of the power.
(6)
The Minister must have regard to all submissions that are made by the
local government or councillor within the time specified in the notice.
(7)
If— (a) the Minister receives no submissions from the local government or
councillor within the time specified in the notice; or
(b) the submissions
from the local government or councillor do not contain reasonable grounds to
persuade the Minister not to exercise the power;
the Minister may exercise the
power without further notice to the local government or councillor.
(8) In
this section—
"councillor training provision" means section 169A or the
City of Brisbane Act 2010 , section 169A .
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