Queensland Consolidated Acts

LOCAL GOVERNMENT ACT 2009 - SECT 150AE

150AE Local government must adopt investigation policy

(1) A local government must adopt, by resolution, a policy (an
"investigation policy" ) about how it deals with the suspected conduct breaches of councillors referred, by the assessor, to the local government to be dealt with.

(2) The policy must—

(a) include a procedure for investigating the suspected conduct breaches of councillors; and

(b) state the circumstances in which another entity may investigate the conduct; and

(c) be consistent with the principles of natural justice; and

(d) require the local government to prepare a report about each investigation; and

(e) require councillors and persons who make complaints about councillors’ conduct to be given notice about the outcome of investigations; and

(f) include a procedure about when the local government may decide not to start, or to discontinue, an investigation under section 150AEA .

(3) The policy must require the local government—

(a) to give the councillor information about the suspected conduct, including details about the evidence of the conduct; and

(b) to give the councillor a notice if an investigation is not started or is discontinued; and

(c) for conduct the subject of a complaint—to give the person who made the complaint, if the contact details of the person are known, a notice if an investigation is not started or is discontinued; and

(d) to give the councillor the preliminary findings of the investigation before preparing an investigation report about the investigation; and

(e) to allow the councillor to give evidence or a written submission to the local government about the suspected conduct and preliminary findings; and

(f) to consider any evidence and written submission given by the councillor in preparing the investigation report for the investigation; and

(g) to include in the investigation report—

(i) if evidence is given by the councillor—a summary of the evidence; and

(ii) if the councillor gives a written submission—a full copy of the written submission.

(4) The policy must be published on the local government’s website.