Local Government Act 2009

This section applies if—

a councillor engaged in conduct before the commencement; and

either—

a preliminary assessment of a complaint, notice or information about the conduct was started but not finished before the commencement under former chapter 5A, part 3, division 3A; or

a preliminary assessment of a complaint, notice or information about the conduct is started on or after the commencement under new chapter 5A, part 3, division 3A.

New chapter 5A, part 3 applies in relation to the councillor’s conduct, including for the completion of the preliminary assessment.

For a preliminary assessment mentioned in subsection (1)(b)(i), anything done under former chapter 5A, part 3, division 3A is taken to have been done under new chapter 5A, part 3, division 3A.

Despite subsection (2), on the completion of the preliminary assessment, the assessor may dismiss the complaint or decide to take no further action for the notice or information if—

the assessor reasonably suspects the councillor has engaged in misconduct mentioned in new section 150L(1)(b)(iii) or (iv); and

the assessor is satisfied—

at least 6 months have elapsed since the councillor’s conduct occurred; and

it would not be in the public interest to take further action under new chapter 5A, part 3.

Also, after the completion of the preliminary assessment, subsection (6) applies if—

the assessor applies to the conduct tribunal under new section 150AJ; and

the tribunal decides under new section 150AQ that the councillor has engaged in misconduct mentioned in new section 150L(1)(b)(iii) or (iv).

Despite new section 150AR, the conduct tribunal may make an order mentioned in section 150AH(a) or (b) as in force immediately before the commencement.

For subsection (6), section 150AH as in force immediately before the commencement applies as if—

a reference in that section to the local government were a reference to the conduct tribunal; and

a reference in that section to a conduct breach were a reference to misconduct mentioned in new section 150L(1)(b)(iii) or (iv).

In addition, subsection (9) applies if, after completing the preliminary assessment, the assessor reasonably suspects the councillor’s conduct the subject of the complaint, notice or information is a combination of—

misconduct mentioned in new section 150L; and

other conduct that is a conduct breach within the meaning of former section 150K.

Despite new section 150SD, the assessor must dismiss the complaint, or decide to take no further action for the notice or information, to the extent it relates to the conduct mentioned in subsection (8)(b).