Western Australian Current Acts

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LOCAL GOVERNMENT ACT 1995 - SECT 5.107

5.107 .         Complaining to complaints officer of minor breach

        (1)         A person who has reason to believe that a council member has committed a minor breach may complain of the breach by sending to the complaints officer a complaint in accordance with subsection (2).

        (2)         The complaint has to be made in writing, in a form approved by the Minister, giving details of —

            (a)         who is making the complaint; and

            (b)         who is alleged to have committed the breach; and

            (c)         the contravention that is alleged to have resulted in the breach; and

            (d)         any other information that the regulations may require.

        (3)         Within 14 days after the day on which the complaints officer receives the complaint, the complaints officer is required to —

            (a)         give to the person making the complaint an acknowledgment in writing that the complaint has been received; and

            (b)         give to the council member about whom the complaint is made a copy of the complaint; and

            (c)         send —

                  (i)         the complaint; and

                  (ii)         anything the complaints officer has that is relevant to the complaint including, where relevant, details of any 2 or more minor breaches that the council member has previously been found to have committed,

                to the member of the primary standards panel who is appointed under Schedule 5.1 clause 2(a).

        (4)         A person can make a complaint under this section within 6 months after the breach alleged in the complaint occurred, but not later.

        [Section 5.107 inserted: No. 1 of 2007 s. 11; amended: No. 16 of 2019 s. 52.]



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