Western Australian Current Acts

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LOCAL GOVERNMENT ACT 1995 - SECT 8.22

8.22 .         Report of Inquiry Panel

        (1)         An Inquiry Panel’s report is to contain any recommendations that the Inquiry Panel considers appropriate.

        (2)         Without limiting subsection (1) the Inquiry Panel may recommend —

            (a)         that a council be dismissed; or

            (b)         that a council that has been suspended be reinstated; or

            (c)         if subsection (2A) applies, that a council member be dismissed; or

            (d)         that a council member who has been suspended be reinstated.

        (2A)         The Inquiry Panel can only recommend that a council member be dismissed if the Inquiry Panel is satisfied, on reasonable grounds, that —

            (a)         at least one of the following apply —

                  (i)         the member has failed, or is failing, to perform the member’s role, functions or duties under this Act;

                  (ii)         the member’s conduct has impeded, or is impeding, the ability of another person to perform their role, functions or duties under this Act;

                  (iii)         the member’s conduct has impeded, or is impeding, the ability of the local government to comply with the principles that apply to it under section 5.40;

                and

            (b)         the seriousness or duration of that failure or conduct make it inappropriate for the member to continue to be a member of the governing body of the local government.

        (3)         The report is to be given to the Minister.

        [Section 8.22 amended: No. 31 of 2018 s. 17.]



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