Queensland Consolidated Acts

LOCAL GOVERNMENT ACT 2009 - SECT 322

322 Dealing with particular pre-commencement complaints or conduct

(1) This section applies in relation to conduct engaged in by a councillor before the commencement, including conduct that is the subject of an existing complaint mentioned in section 317(1) or 319(1).

(2) In deciding how to deal with the conduct, the assessor, a local government official, the local government and the conduct tribunal must—

(a) apply the former conduct definitions to the conduct; and

(b) if the conduct is referred to the local government—only make an order that is substantially the same as an order that could have been made under former section 181; and

(c) if the conduct is referred to the conduct tribunal—only make an order that is substantially the same as an order that could have been made under former section 180.

(3) To remove any doubt, it is declared that chapter 5A otherwise applies in relation to an order mentioned in subsection (2).

(4) In this section—

"former conduct definitions" means—

(a) the definition of
"misconduct" under former section 176(3); and

(b) the definition of
"inappropriate conduct" under former section 176(4); and

(c) the qualification of those definitions under former section 177A(5) and (6); and

(d) the extension of the definition of
"misconduct" under former section 181(3) and (4).