Victorian Current Acts Victorian Current ActsS. 155(1AA) inserted by No. 23/2024 s. 60(1).
(1AA) Subject to section 157, the Principal Councillor Conduct Registrar must examine an application made under section 154.
S. 155(1) amended by No. 23/2024 s. 60(2).
(1) Subject to subsections (1B) and (2), the Principal Councillor Conduct Registrar, after examining an application made under section 154, must take the action required under subsection (1A) if the Principal Councillor Conduct Registrar is satisfied that—
(a) the application is not frivolous, vexatious, misconceived or lacking in substance; and
(b) there is sufficient evidence to support an allegation of serious misconduct as specified in the application; and
(c) the Council—
(i) has taken sufficient or appropriate steps to resolve the matter and the matter remains unresolved; or
(ii) has not taken any steps to resolve the matter but the Principal Councillor Conduct Registrar is satisfied as to the Council's reasons for not taking any steps.
S. 155(1A) inserted by No. 23/2024 s. 60(3).
(1A) For the purposes of subsection (1), the action required is the following—
(a) for an application that alleges serious misconduct specified in paragraph (h) or (i) of the definition of serious misconduct in section 3(1)—
(i) to provide a copy of the application to the Chief Municipal Inspector; and
(ii) to form a Councillor Conduct Panel to hear the matter the subject of the application;
(b) for any other application, to form a Councillor Conduct Panel to hear the matter the subject of the application.
S. 155(1B) inserted by No. 23/2024 s. 60(3).
(1B) If the Principal Councillor Conduct Registrar is satisfied as to the matters specified in subsection (1) in respect of an application returned by a Councillor Conduct Panel under section 157(2)(b), the Principal Councillor Conduct Registrar must form, to hear the matter the subject of the application, a Councillor Conduct Panel that does not include any of the members of the Councillor Conduct Panel that returned the application.
S. 155(2) substituted by No. 23/2024 s. 60(4).
(2) If the Principal Councillor Conduct Registrar is satisfied that the matter the subject of an application has been or is being dealt with, or would more appropriately be dealt with, by the Council or another person or body (including an arbiter already appointed or a Councillor Conduct Panel already formed), the Principal Councillor Conduct Registrar may—
(a) reject the application; or
(b) refer the matter back to the Council; or
(c) refer the matter to that other person or body.
S. 155(3) amended by No. 23/2024 s. 60(5).
(3) Subject to subsections (2) and (4), the Principal Councillor Conduct Registrar must reject an application, or refer a matter the subject of an application back to the Council, if the Principal Councillor Conduct Registrar is not satisfied as to the matters specified in subsection (1).
(4) The Principal Councillor Conduct Registrar must form a Councillor Conduct Panel to hear the matter if the application is made by the Chief Municipal Inspector for a finding of serious misconduct.
S. 155(5) amended by No. 23/2024 s. 60(6).
(5) The rejection of an application, or the referral of a matter the subject of an application back to the Council or to another person or body, by the Principal Councillor Conduct Registrar under this section does not prevent a further application being made under section 154 in respect of the same conduct by a Councillor that was the subject of the rejected or referred application.