Local Government Act 1993

A person may make a complaint against one councillor in relation to the contravention by the councillor of the code of conduct.

A person may make a complaint against more than one councillor in relation to the contravention by the councillors of the code of conduct if all the councillors complained against behaved on a particular occasion in such a manner as to commit the same alleged contravention of the code of conduct.

A complaint is to – be in writing; and state the name and address of the complainant; and state the name of each councillor against whom the complaint is made; and state the provision of the code of conduct that the councillor has allegedly contravened; and contain details of the behaviour of each councillor that constitutes the alleged contravention; and be lodged with the general manager of the relevant council within 6 months after the councillor or councillors against whom the complaint is made allegedly committed the contravention of the code of conduct; and be accompanied by a statutory declaration, signed by the complainant or by each complainant, verifying the accuracy of the information contained in the complaint; and contain details of all efforts made by the complainant to resolve the issue that is the subject of the complaint; and if the complainant completed the council’s dispute resolution process in respect of the complaint – contain details of the outcome of that process; and include the reasons why the complainant is not satisfied with that outcome; and if the complainant did not commence or complete the council’s dispute resolution process in respect of the complaint, contain details of – the attempts made by the complainant, as part of the attempted dispute resolution process, to resolve the issue that is the subject of the complaint; or why the complainant believes that the dispute resolution process is not appropriate in respect of the complaint; and be accompanied by any prescribed fee.

If the subject matter of a complaint by its nature consists of a series of separate incidents that, taken together, form the subject matter, the period referred to in subsection (3)(f) runs from the most recent of the incidents mentioned in the complaint.

A complaint may not be made by more than 2 complainants jointly.

If a complaint is made under this section by the Director, the Minister may appoint another person to perform the functions, and exercise the powers, of the Director in respect of that complaint.

For the avoidance of doubt, a complainant has complied with subsection (3)(a) if the complainant causes the relevant complaint to be in writing.