Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LOCAL GOVERNMENT ACT 1995 - SECT 5.116

5.116 .         Allegation by Departmental CEO of serious breach

        (1)         If —

            (a)         a person sends to the Departmental CEO a complaint under section 5.114(1) that a council member has committed a serious breach; or

            (b)         a complaints officer sends to the Departmental CEO, under section 5.115(1), a complaint that appears to disclose a serious 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, whether or not a complaint has been sent to the Departmental CEO, make an allegation to the State Administrative Tribunal that the council member committed a serious breach.

        (3)         In deciding whether it would be appropriate to make an allegation to the State Administrative Tribunal, the Departmental CEO has to consider whether it would be more appropriate for the matter to be dealt with in another way.

        (4)         The Departmental CEO cannot make an allegation under subsection (2) if the council member has already been tried by a court for the offence the commission of which is the serious breach.

        (5)         Within 14 days after the day on which the Departmental CEO receives a complaint that is sent to the Departmental CEO under section 5.114 or 5.115, the Departmental CEO is required to give each party notice in writing —

            (a)         acknowledging that the complaint is in accordance with the Act; and

            (b)         stating that the Departmental CEO will decide whether to make an allegation under subsection (2).

        (6)         The fact that a person who made a complaint does not want an allegation arising from the complaint to be made to the State Administrative Tribunal does not prevent the Departmental CEO from making the allegation.

        [Section 5.116 inserted: No. 1 of 2007 s. 11; amended: No. 17 of 2009 s. 44.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback