Victorian Current Acts Victorian Current Acts(1) A Councillor Conduct Panel may hear an application that alleges serious misconduct by a Councillor.
(2) Subject to subsection (4), an application for a Councillor Conduct Panel to make a finding of serious misconduct against a Councillor may be made by—
(a) the Council following a resolution of the Council to make an application to a Councillor Conduct Panel under this subsection in respect of a Councillor's conduct; or
(b) a Councillor or a group of Councillors; or
(c) the Chief Municipal Inspector.
(3) An application under subsection (2) must be made within 12 months of the alleged serious misconduct occurring.
S. 154(3A) inserted by No. 23/2024 s. 59.
(3A) For the purposes of subsection (3), an application under subsection (2) is made when it is received by the Principal Councillor Conduct Registrar.
S. 154(3B) inserted by No. 23/2024 s. 59.
(3B) An application that alleges serious misconduct by a Councillor constituted by bullying of another Councillor or a member of Council staff must not allege behaviour by the Councillor that is not alleged to have occurred within the previous 12 months.
(4) An application for a Councillor Conduct Panel to make a finding of serious misconduct against a Councillor that alleges that the Councillor has failed to disclose a conflict of interest may only be made by the Chief Municipal Inspector.
(5) An application made under this section must be given to the Principal Councillor Conduct Registrar in the manner specified by the Principal Councillor Conduct Registrar in any guidelines published under section 149(1)(n).
(6) An application made under this section must—
(a) specify the ground or grounds for the application; and
(b) set out—
(i) the circumstances, actions or inactions of the Councillor who is the subject of the application that are alleged as constituting serious misconduct; and
(ii) the particulars of any evidence of those circumstances, actions or inactions of the Councillor that are alleged as constituting the serious misconduct; and
(c) specify—
(i) any steps taken by Council to resolve the matter that is the subject of the application and the reason why the matter was not resolved by the taking of those steps; or
(ii) if the Council did not take any steps to resolve the matter that is the subject of the application, the reason why the Council did not take any steps to resolve the matter.
(7) If an application is made under this section by the Council or a group of Councillors, the application must state the name and address of the Councillor whom the Council or the group of Councillors has appointed as representative of the Council or the group of Councillors.