Local Government Act 2009

The assessor must make a preliminary assessment of the complaint, notice or information.

On the completion of the preliminary assessment, the assessor must dismiss the complaint or decide to take no further action for the notice or information if the assessor is satisfied that—

dealing with the complaint, notice or information would not be in the public interest; or

the complaint, notice or information was not made or given within the period required under section 150SB, unless—

the conduct the subject of the complaint, notice or information is suspected corrupt conduct; or

the complaint, notice or information was not given within the period because of exceptional circumstances; or

the conduct the subject of the complaint, notice or information—

was engaged in by the councillor to comply with, honestly and without negligence, a guideline made by the department’s chief executive; or

relates solely to behaviour engaged in by the councillor in a personal capacity unless the conduct is suspected corrupt conduct; or

clearly does not constitute misconduct; or

the office of the councillor is vacated, unless the conduct is suspected corrupt conduct; or

for a complaint—the person who made the complaint is the subject of a declaration under section 150AWA, and the complaint is not permitted under a condition of the declaration or under section 150AWC.

Also, on the completion of the assessment, the assessor may dismiss the complaint or decide to take no further action for the notice or information if the assessor is satisfied—

the conduct has already been, is being, or may be dealt with by another entity; or

the complaint, notice or information—

is frivolous or vexatious; or

was made other than in good faith; orExample for paragraph (b)(ii)—a complaint made for a mischievous purpose or maliciously

lacks substance or credibility; or

dealing with the complaint, notice or information would be an unjustifiable use of resources; or

there is insufficient information to properly make a preliminary assessment of the complaint, notice or information.

If subsection (2) does not apply or the assessor does not, under subsection (3), dismiss or decide to take no further action for the complaint, notice or information, the assessor must decide—

to investigate the conduct of the councillor; or

not to deal with the complaint, notice or information and make any recommendation the assessor considers appropriate, including, for example, that the councillor attend training, counselling or mediation.

Without limiting the matters the assessor may consider in making a preliminary assessment, the assessor may have regard to the following—

any reasons for, or factors relevant to, the conduct;Examples for paragraph (a)—

any steps taken by the councillor to mitigate or remedy the effects of the conduct;

the consequences, both financial and non-financial, resulting from the conduct.