(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.]