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LOCAL GOVERNMENT ACT 2009 - SECT 122
Suspending or removing a councillor
122 Suspending or removing a councillor
(1) This section applies if— (a) the conduct tribunal recommends under
section 150AR that a councillor be suspended or dismissed; or
(b) the
Minister reasonably believes that a councillor has seriously or continuously
breached the local government principles; or
(c) the Minister reasonably
believes that a councillor is incapable of performing their responsibilities;
or
(d) the Minister reasonably believes that a councillor has not complied
with the councillor’s obligation to complete training under a
councillor training provision; or
(e) the Minister reasonably believes it is
otherwise in the public interest that a councillor be suspended or dismissed.
(2) The Minister may recommend that the Governor in Council— (a) if the
conduct tribunal recommends that a councillor be suspended or
dismissed—suspend or dismiss the councillor; or
(b) if the proposal in the
Minister’s notice under section 120 was to suspend the councillor for a
stated period—suspend the councillor for a period that is no longer than the
stated period; or
(c) if the proposal in the Minister’s notice under
section 120 was to dismiss the councillor or dissolve the
local government—suspend or dismiss the councillor.
(3) The Governor in
Council may give effect to the Minister’s recommendation under a regulation.
(4) A councillor suspended for a failure to comply with a
councillor training provision is not entitled to be paid remuneration as a
councillor other than the remuneration necessary for the councillor to comply
with the councillor training provision.
(5) In this section—
"councillor training provision" see section 120 (8) .
"remuneration" , as a councillor, includes allowances, expenses,
superannuation contributions and access to facilities and equipment provided
by the local government.
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