Victorian Current Acts

LOCAL GOVERNMENT ACT 2020 - SECT 226

    (1)     The Chief Municipal Inspector or a Municipal Monitor who has received a referral under section 225 must conduct and complete an investigation into the referral in accordance with this section—

        (a)     within 10 days after the day that the Chief Municipal Inspector or Municipal Monitor (as the case requires) received the referral; or

        (b)     within such other period agreed to by the Minister after receiving a request from the Chief Municipal Inspector or the Municipal Monitor (as the case requires) for an extension of time to conduct and complete the investigation.

    (2)     On receiving a referral from the Minister, the Chief Municipal Inspector or the Municipal Monitor (as the case requires) must give notice to the following persons—

        (a)     the Councillor who is the subject of the referral;

        (b)     the Mayor;

        (c)     the Chief Executive Officer.

    (3)     Notice under subsection (2) must—

        (a)     be in writing; and

        (b)     specify the period of time that will be taken to conduct and complete the investigation in accordance with subsection (1).

    (4)     Within the period specified in subsection (1)(a) or such other period agreed to by the Minister under subsection (1)(b), the Chief Municipal Inspector or the Municipal Monitor (as the case requires) must—

        (a)     investigate the referral; and

        (b)     prepare a report of the advice and findings of the Chief Municipal Inspector or Municipal Monitor specifying—

              (i)     whether the Chief Municipal Inspector or Municipal Monitor is satisfied that the Councillor the subject of the referral—

    (A)     is creating a serious risk to the health and safety of Councillors or Council staff; or

    (B)     in the Councillor's capacity as a Councillor, is creating a serious risk to the health and safety of other persons; or

    (C)     is preventing the Council from performing it's functions; and

              (ii)     the reasons for the advice and findings of the Chief Municipal Inspector or Municipal Monitor (as the case requires); and

        (c)     give a copy of the report prepared under paragraph (b) to—

              (i)     the Councillor the subject of the referral; and

              (ii)     the Minister.

    (5)     The copy of the report given to a Councillor under subsection (4)(c)(i) must specify the following—

        (a)     that the Councillor may give a response to the report to the Minister within 5 days of receiving the report;

        (b)     the manner in which any response to the report must be given to the Minister.