Local Government Act 1993

Division 3 of Part 1 of Chapter 14, as substituted by the amending Act, (the new Division) extends to misconduct that occurred before the commencement of the new Division if at the time that it occurred it was misbehaviour under Division 3 as in force before that substitution.

However, if the Director-General or the Tribunal decides to take disciplinary action or to impose a penalty in respect of misconduct that occurred before the commencement of the new Division, the disciplinary action or penalty must be a type of disciplinary action or penalty that could have been taken or imposed under this Act at the time the misconduct occurred.

An investigation into an allegation of misbehaviour by a councillor that was validly initiated but not finalised before the commencement of the new Division (an ongoing investigation) is taken to have been validly initiated under the new Division. Accordingly, the new Division applies to the ongoing investigation.

The amendments made to Part 3 of Chapter 14 by the amending Act do not apply to proceedings that were referred to the Tribunal or that were commenced in the Tribunal before the commencement of those amendments. Such proceedings are to be dealt with as if the amendments had not been made.

Section 440I(3) as inserted by the amending Act extends to incidents of misconduct by a councillor and disciplinary action taken against the councillor that occurred before the commencement of that subsection.

Sections 482(5) and 482A(3) as inserted by the amending Act extend to complaints proved against a person, incidents of misconduct by a councillor and any action taken against a councillor or other person before the commencement of those subsections.