Western Australian Numbered Acts Western Australian Numbered Acts Delete
section 5.105 and insert:
5.105. Dealing with complaint alleging behavioural
breach
(1) A complaint made
by a person (the complainant ) to a local government alleging a behavioural
breach under the local government’s code of conduct by a person (the
respondent ) must be dealt with under the code of conduct unless —
(a)
regulations made for the purposes of subsection (3) require the complaint
to be referred to the Inspector; and
(b) the
Inspector refers the complaint to be dealt with under Part 8A
Division 5.
(2) A complaint under
subsection (1) cannot allege a behavioural breach by a commissioner.
(3) Regulations may
set out circumstances in which a complaint made to a local government alleging
a behavioural breach under the local government’s code of conduct must
be referred by the local government to the Inspector to be dealt with under
section 8A.12(1).
(4) Neither the
complainant nor the respondent may —
(a)
preside at any part of a council or committee meeting relating to the
complaint; or
(b)
participate in, or be present during, any discussion or decision-making
procedure of a council or committee relating to the complaint.
Penalty for this subsection: imprisonment for
12 months and a fine of $12 000.
(5)
Subsection (4) does not restrict the right of the complainant and the
respondent to be given a reasonable opportunity to be heard and to present
evidence.
Note for this section:
Section 8A.36
imposes confidentiality requirements in relation to complaints.