Local Government Act 1993

If a member of the Code of Conduct Panel has an actual, potential or perceived conflict of interest in a matter, the member must notify the Executive Officer, as soon as practicable, if the matter is relevant to the investigation and determination of a code of conduct complaint.

A notification by a member under subsection (1), in relation to a conflict of interest, is to – specify – the nature of the conflict of interest; and how the conflict of interest is relevant to the investigation and determination of the relevant code of conduct complaint; and include a statement from the member as to whether the member believes that the conflict of interest prevents, or does not prevent, the member from acting fairly in respect of the investigation and determination of the relevant code of conduct complaint.

The Executive Officer must not appoint a member of the Code of Conduct Panel to be the initial assessor or a member of the investigating Panel, in respect of a code of conduct complaint, if the member – has notified the Executive Officer, under subsection (1), of a conflict of interest that is relevant to the complaint; and has made a statement, under subsection (2)(b), that the conflict of interest would prevent the member from acting fairly in respect of the complaint.

A member of the Code of Conduct Panel who has been appointed as the initial assessor or a member of the investigating Panel, in respect of a code of conduct complaint, must resign from the appointment if the member – has notified the Executive Officer, under subsection (1), of a conflict of interest that is relevant to the complaint; and has made a statement, under subsection (2)(b), that the conflict of interest would prevent the member from acting fairly in respect of the complaint.

The majority of members of an investigating Panel for a code of conduct complaint may remove a member from the Panel (the relevant member) if the majority of members believe that the relevant member has an actual, potential or perceived conflict of interest that is relevant to the complaint.

If the relevant member of an investigating Panel has been removed from the Panel under subsection (5), the most senior remaining member of the investigating Panel is to notify the Executive Officer in writing of the relevant member’s removal from the Panel.

If a member of the Code of Conduct Panel has resigned under subsection (4) from his or her appointment as the initial assessor or a member of the investigating Panel, or has been removed as a member of the investigating Panel under subsection (5), in respect of a code of conduct complaint, the Executive Officer is to – appoint another member of the Code of Conduct Panel to the relevant position; and notify the complainant of the appointment of a replacement member; and if the member has resigned or has been removed as a member of the investigating Panel, notify the other members of that Panel of the appointment of a replacement member to the Panel.