Local Government Act 1993

The initial assessor for a code of conduct complaint, on an initial assessment, may dismiss the code of conduct complaint, or part of it, if he or she considers that – the complaint or part is frivolous, vexatious or trivial; or the complainant has not made a reasonable effort to resolve the issue that is the subject of the complaint; or the dispute resolution process of the council is a reasonable mechanism to resolve the dispute, but the complainant has not participated, or has not participated satisfactorily, in the dispute resolution process; or it is not in the public interest for an investigating Panel to be convened under section 28L to investigate the complaint; or the complaint or part does not substantially relate to a contravention of the code of conduct; or the complainant has made the complaint or part in contravention of – a determination of the initial assessor made under subsection (2); or a determination of the investigating Panel, for the complaint, made under section 28ZI(3).

An initial assessor may consider, but is not limited to considering, the following matters when determining under subsection (1)(ad) if it is in the public interest for an investigating Panel to be convened:the nature and seriousness of the alleged conduct to which the complaint relates; the time that has elapsed since the alleged conduct occurred; the availability of evidence and the recollection of any witnesses; the likely degree of culpability, in connection with the alleged conduct, of the councillor to whom the complaint relates; whether the alleged conduct could be of significant public concern; whether the alleged conduct has been, or is being, investigated and dealt with appropriately; the sanctions available to deal with the alleged conduct; whether the alleged conduct may be indicative of, and may expose, entrenched or systemic behaviour.

If the initial assessor for a code of conduct complaint dismisses the code of conduct complaint or part of it on the basis that it is frivolous, vexatious or trivial, the initial assessor, in the notice provided under section 28ZA(3), may direct the complainant not to make a further complaint in relation to the same matter unless the complainant provides substantive new information in the further complaint.

If the initial assessor for a code of conduct complaint dismisses the complaint, or part of it, on the grounds referred to in subsection (1)(ac), the initial assessor, in the notice provided under section 28ZA(3), may direct the complainant not to make a further complaint in relation to the same matter until – the complainant has participated satisfactorily in the dispute resolution process of the council in relation to the complaint; and the complainant has taken and completed the actions, specified in the notice, as necessary to have participated satisfactorily in the dispute resolution process.