Councillor to comply with sanction imposed for contravention of code of conduct
28ZM Councillor to comply with sanction imposed for contravention of code of conduct
In this section – determination report means the written determination of a code of conduct complaint by the investigating Panel for the complaint as required by section 28ZJ.
If, when determining a code of conduct complaint, the investigating Panel for the complaint imposes a sanction on a councillor that requires the councillor to apologise to a person or to attend counselling or a training course, the councillor must comply with that sanction within the period specified in the determination report. Fine not exceeding 50 penalty units.
Within 7 days after a councillor has fully complied with a sanction referred to in subsection (2), the councillor is to – notify the Executive Officer that the councillor has complied with the sanction; and provide evidence, to the Executive Officer, of that compliance.
As soon as practicable after being notified by a councillor under subsection (3) in respect of compliance with a sanction, the Executive Officer is to – notify the Director, in writing, that the councillor has notified the Executive Officer, under subsection (3), in respect of compliance with the sanction; and specify, in the notice, the evidence provided by the councillor under that subsection.
After being notified by the Executive Officer under subsection (3A) in respect of a councillor's compliance with a sanction, the Director may require the councillor to provide further evidence, to the satisfaction of the Director, of the councillor's compliance with the sanction.
If a councillor fails to comply with a sanction referred to in subsection (2) within the period specified in the determination report, the Executive Officer is to notify the Director, in writing, of that fact.
On receipt of a notice provided under subsection (4), the Director is to deal with the notice as if it were a complaint under section 339E.
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