Notices and publication of decisions and orders
150AS Notices and publication of decisions and orders
This section applies to a decision made by the conduct tribunal—
under section 150AQ(1)(a) about whether or not a councillor has engaged in misconduct; or
to take action mentioned in section 150AR(1)(b) to discipline the councillor for the misconduct.
The conduct tribunal must—
keep a written record of the decision and the reasons for the decision; and
give a notice that states the decision and reasons for the decision to—
the assessor; and
the councillor; and
the local government; and
if the conduct tribunal’s decision relates to the conduct of a councillor that was the subject of a complaint and the conduct tribunal has the contact details of the person who made the complaint—the person who made the complaint; and
the department’s chief executive; and
give a publication notice for the decision to the department’s chief executive.
A notice about a decision, other than a decision to recommend the councillor’s suspension or dismissal, given to the assessor or councillor under subsection (2)(b) must be a QCAT information notice for the decision.
Also, a notice about a decision given to a local government under subsection (2)(b) must include the information about the decision that is required to be included in the councillor conduct register under section 150DY.
The conduct tribunal must not give another entity any information that is part of a public interest disclosure under the Public Interest Disclosure Act 2010, unless giving the information is required or permitted by another Act.
The conduct tribunal must include the councillor’s name in a publication notice if the tribunal decided the councillor engaged in misconduct.
In this section—
publication notice, for a decision about a councillor means, a notice mentioned in subsection (2)(b) that has the following removed—
the name of the councillor, or information that could reasonably be expected to result in identifying the councillor, unless the councillor agrees or subsection (6) applies in relation to the decision;
if the conduct was the subject of a complaint—the name of the person who made the complaint;
the name of any other person;
information that could reasonably be expected to result in identifying a person mentioned in paragraph (b) or (c);
information the conduct tribunal considers is not in the public interest to include in the notice.
This Act’s bill:Explanatory memorandumSecond reading speech
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