Victorian Consolidated Regulations

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Internal arbitration process

    (1)     For the purposes of section 141(2)(a) of the Act, the prescribed processes are that—

        (a)     an application for an internal arbitration process specifies—

              (i)     the name of the Councillor alleged to have breached the standards of conduct; and

              (ii)     the clause of the standards of conduct that the Councillor is alleged to have breached; and

              (iii)     the misconduct that the Councillor is alleged to have engaged in that resulted in the breach; and

        (b)     after receiving an application under section 143 of the Act, the Councillor Conduct Officer provides the application to the Councillor who is the subject of the application.

    (2)     For the purposes of section 141(2)(d) of the Act, an arbiter appointed to hear a matter subject to an application under section 143 must—    

        (a)     conduct the hearing with as little formality and technicality as the proper consideration of the matter permits; and

        (b)     ensure that the hearing is not open to the public.

    (3)     Subject to subregulation (2), an arbiter—

        (a)     may hear each party to the matter in person or solely by written or electronic means of communication; and

        (b)     is not bound by the rules of evidence and may be informed in any manner the arbiter sees fit; and

        (c)     may at any time discontinue the hearing if the arbiter considers that—

              (i)     the application is vexatious, misconceived, frivolous or lacking in substance; or

              (ii)     the applicant has not responded, or has responded inadequately, to a request for further information.

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