(1) If a standards
panel sends to the Departmental CEO, under section 5.111, a complaint of a
minor breach that, if it were found to have been committed, would be a
recurrent breach, the Departmental CEO has to decide whether to make an
allegation under subsection (2).
(2) If the
Departmental CEO considers it appropriate to do so, the Departmental CEO may
make an allegation to the State Administrative Tribunal that the council
member committed the breach.
(3) The Departmental
CEO is required to give the complaints officer and each of the parties notice
in writing of the decision.
(4) If the
Departmental CEO decides not to make an allegation to the State Administrative
Tribunal —
(a) the
Departmental CEO is required to send the complaint to the standards panel that
sent the complaint to the Departmental CEO; and
(b) the
standards panel is required to notify each of the parties and the complaints
officer that the complaint will be dealt with by the standards panel; and
(c) the
standards panel is required to deal with the complaint under section 5.110.
(5) The fact that the
person who made the complaint does not want an allegation to be made to the
State Administrative Tribunal does not prevent the Departmental CEO from
making the allegation.
[Section 5.112 inserted: No. 1 of 2007 s. 11;
amended: No. 17 of 2009 s. 44.]