Western Australian Current Acts Western Australian Current Acts (1) The Minister is to
decide what action (if any) to take under this section in respect of an
Inquiry Panel’s report.
(2) If the Minister
has given the local government concerned a copy of the report, the decision is
to be made —
(a)
after receiving advice under section 8.23(4) or (5); or
(b)
after the time allowed by or under section 8.23(4) or (5) runs out, if no
advice has been received by then.
(3) If, and only if,
the Inquiry Panel has recommended that the council be dismissed, the Minister
may recommend that the Governor dismiss the council, but the Minister does not
have to so recommend.
(4) If the council has
been suspended the Minister —
(a)
must, by order, reinstate the council if the Inquiry Panel has not recommended
its dismissal; and
(b) may,
by order under section 8.28(3), reinstate the council even if the Inquiry
Panel has recommended its dismissal.
(4A) If, and only if,
the Inquiry Panel has recommended that a council member be dismissed, the
Minister may recommend that the Governor dismiss the member, but the Minister
does not have to so recommend.
(4B) If a council
member has been suspended the Minister —
(a)
must, by order, reinstate the member if the Inquiry Panel has not recommended
the member’s dismissal; and
(b) may,
by order under section 8.30D, reinstate the member even if the Inquiry Panel
has recommended the member’s dismissal.
(4C) Subsection
(4B)(a) does not apply in respect of a member the subject of an order under
section 8.15G(1) unless there is also a duty to reinstate the member under
section 8.15H.
(5) The Minister may
order the local government, or any member of its council (if the council, or
the member, is not suspended or dismissed) or any of its employees to give
effect to any one or more of the recommendations of the Inquiry Panel in a
manner and within a time ordered by the Minister.
[Section 8.24 amended: No. 31 of 2018 s. 19.]