Local Government Act 1993

In this section – addendum means an addendum to a determination report referred to in section 28ZJ(2); determination report means the written determination of a code of conduct complaint by the investigating Panel for the complaint as required by section 28ZJ without any addendum.

Within 28 days after determining a code of conduct complaint, the investigating Panel for the complaint is to provide a copy of its determination report to – each complainant; and each councillor against whom the complaint is made; and the general manager of the relevant council; and the Director.

If the investigating Panel for a code of conduct complaint has produced an addendum, it is to provide a copy of it to – if the complainant is a councillor, that complainant; and each councillor against whom the complaint is made; and the general manager of the relevant council; and the Director.

If the general manager receives a determination report but no addendum, the general manager is to ensure that a copy of the determination report is included within an item on the agenda for the first meeting of the relevant council at which it is practicable to do so and which is open to the public.

If the general manager receives a determination report and also an addendum, the general manager is to ensure – that a copy of the determination report without the addendum is included within an item on the agenda for the first meeting of the relevant council at which it is practicable to do so and which is open to the public; and that a copy of the determination report with the addendum is included within an item on the agenda for the first meeting of the relevant council at which it is practicable to do so and which is closed to the public.

Subsections (4) and (5) do not apply in respect of a determination report until – the expiry of the period during which a person may apply to the Magistrates Court (Administrative Appeals Division) for a review of the determination to which the determination report relates; and if an application for such a review is made – the review is completed or dismissed; or the application is withdrawn.

Any person who receives a determination report must keep the determination report confidential until the report is included within an item on the agenda for a meeting of the relevant council. Fine not exceeding 50 penalty units.

Any person who receives an addendum must keep the addendum confidential. Fine not exceeding 50 penalty units.

Subsection (8) does not apply in respect of – the circulation of the addendum to councillors as part of the documents that are provided to the councillors in relation to a meeting referred to in subsection (5); or the disclosure of a copy of the determination report with the addendum solely for the purpose of arranging for the report and addendum to be included within an item on the agenda for a meeting of the relevant council; or discussing the addendum with another person to whom the addendum is provided as part of the documents provided in accordance with this section.

A person must not disclose a document or report, or any information, if – the document, report or information – relates to a code of conduct complaint or the matters to which a code of conduct complaint relates; and has been provided to a person by the Executive Officer or an investigating Panel; and the person would not have knowledge, or possession, of the document, report or information had it not been provided to a person referred to in paragraph (a)(ii); and at the time of the disclosure, the determination report, to which the document, report or information relates, has not been included within an item on the agenda for a meeting of the relevant council. Fine not exceeding 50 penalty units.

Subsections (7) and (10) do not apply to the disclosure of a document, report or information that relates to a determination report if the disclosure is solely for the purpose of arranging for the determination report to be included on the agenda for a meeting of the council.