Victorian Current Acts

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LOCAL GOVERNMENT ACT 1989 - SECT 247

Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Councillor Conduct Panel matters

    (1)     This section applies if—

        (a)     before the commencement day an application has been made under section 81B; and

        (b)     a decision in respect of that application has not yet been determined.

    (2)     On and after the commencement day, the Councillor Conduct Panel must hear, or finish hearing and determine the application in accordance with Divisions 1A and 1B of Part 4 and Schedule 5 as in force immediately before that day.

    (3)     If after the Councillor Conduct Panel has determined the application under subsection (2), the Councillor Conduct Panel authorises an applicant to make an application to VCAT for a finding of serious misconduct against a Councillor under section 81J(1)(b) as in force immediately before the commencement day, VCAT must hear the application in accordance with—

        (a)     Divisions 1A and 1B of Part 4; and

        (b)     Part 13B of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998

as in force immediately before that day.

    (4)     If after the Councillor Conduct Panel has determined the application under subsection (2), a party affected by that Councillor Conduct Panel decision wishes to apply to VCAT for review of that decision, the party's application and VCAT's review of the decision must be in accordance with—

        (a)     Divisions 1A and 1B of Part 4; and

        (b)     Part 13B of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998

as in force immediately before the commencement day.

    (5)     In this section—

"Amending Act" means the Local Government Amendment (Improved Governance) Act 2015 ;

"commencement day" means the day section 12 of the Amending Act comes into operation.

S. 248 inserted by No. 53/2015 s. 76.



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