Victorian Current Acts Victorian Current Acts(1) On the recommendation of the Minister, the Governor in Council, by Order, may suspend a Councillor for a period not exceeding 12 months.
(2) The Minister must not make a recommendation under subsection (1) unless—
(a) a Municipal Monitor or a Commission of Inquiry has provided a report to the Minister stating that the Councillor—
(i) is creating a serious risk to the health and safety of Councillors or members of Council staff; or
(ii) in the Councillor's capacity as a Councillor, is creating a serious risk to the health and safety of other persons; or
(iii) is preventing the Council from performing its functions; and
(b) the Minister is satisfied that the Councillor—
(i) is creating a serious risk to the health and safety of Councillors or members of Council staff; or
(ii) in the Councillor's capacity as a Councillor, is creating a serious risk to the health and safety of other persons; or
(iii) is preventing the Council from performing its functions; and
(c) the Minister is satisfied that—
(i) the Councillor has not been the subject of a determination under section 167 in respect of conduct specified in the report; and
(ii) no Councillor Conduct Panel is considering a matter that is dealt with in the report; and
(d) the Minister has notified the Councillor in writing that—
(i) the Minister intends to make the recommendation; and
(ii) the Councillor may provide a response to the Minister within 10 business days; and
(e) the Minister has considered any response provided by the Councillor within 10 business days after the notification.
(3) If an Order is made under subsection (1), the Minister must provide a copy of the Order to the Councillor and to the Council.
(4) A copy of an Order given to a Council under subsection (3) must be tabled at and recorded in the minutes of the next Council meeting.
(5) An Order made under subsection (1)—
(a) must be laid before both Houses of Parliament—
(i) if Parliament is then sitting, within 7 sitting days after its making; or
(ii) if Parliament is not then sitting, within 7 days after the next meeting of Parliament; and
(b) may be disallowed by a resolution of either House of Parliament within 7 days after it has been laid before each House.
(6) If an Order made under subsection (1) is disallowed by a resolution of either House of Parliament, the Councillor resumes office on that disallowance.
S. 229B inserted by No. 23/2024 s. 31.