Local Government Act 2009

This section applies if—

before the commencement, the assessor had given a local government a referral notice about a councillor’s conduct under former section 150AC; and

immediately before the commencement, the local government had not made a decision about the conduct the subject of the notice under former section 150AG.

The local government must continue to investigate and make a decision in relation to the conduct under former chapter 5A, part 3, division 5.

However—

new section 150AEA applies in relation to the investigation about the conduct; and

new section 150AF(3)(a) applies in relation to information obtained in investigating the conduct; and

new section 150AH(1)(b)(i) applies in relation to the order the local government may make about the conduct under section 150AH; and

new section 150AHA applies in relation to a decision mentioned in that section relating to the investigation.

Also, if, before a decision about the conduct is made under section 150AG, an investigation policy is adopted by the local government in compliance with new section 150AE, the local government must, from the day the policy is adopted—

comply with the investigation policy in investigating and making a decision about the conduct under new chapter 5A, part 3, division 5; and

comply with new section 150AFA in relation to an investigation report about the conduct; and

if an investigation report is prepared under new section 150AFA—comply with new section 150AGA in relation to the investigation report.

On and from the commencement, the local government must not start, or must discontinue, an investigation of conduct under former chapter 5A, part 3, division 5 if—

the councillor was a former councillor when the conduct was referred to the local government; or

the conduct relates solely to behaviour engaged in by the councillor in a personal capacity.

If subsection (5) applies, the local government must, as soon as practicable after the commencement, give a notice to the following advising that the investigation has not been started or has been discontinued—

the assessor;

the councillor or former councillor who engaged in the conduct;

if the conduct is the subject of a complaint—the person who made the complaint, if the local government has the person’s contact details.