Dealing with complaint by council
132E Dealing with complaint by council
(1) After receiving a complaint, the council must determine the following:
whether misconduct occurred;
the seriousness of the complaint;
(c) whether the complaint requires further investigation by the council or a third party under section 132F;
(d) whether the complaint should be referred to an independent assessor.
The council may dismiss a complaint if it determines that:
misconduct did not occur; or
(b) the misconduct to which the complaint relates occurred at a council or committee meeting and either:
(i) the misconduct was dealt with by the person presiding at the meeting; or
(ii) the person responsible for the misconduct took remedial action in accordance with the council's meeting procedures; or
the complaint is frivolous or vexatious.
The council:
(a) must refer a complaint to an independent assessor if the council determines that the alleged misconduct would be more appropriately investigated and resolved by an independent assessor; and
(b) may refer a complaint to an independent assessor if it appears to the council to be frivolous or vexatious.
(4) If the council decides to refer a complaint to an independent assessor under subsection (3), the CEO must, within 5 days of the decision:
notify the secretariat; and
(b) give the secretariat all relevant materials related to the complaint.
This Act’s bill:Explanatory statementSecond reading speech
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