Principal Councillor Conduct Registrar must examine application
144 Principal Councillor Conduct Registrar must examine application
S. 144(1AA) inserted by No. 23/2024 s. 52(1).
Subject to section 144A, the Principal Councillor Conduct Registrar must examine an application made under section 143.
S. 144(1) amended by Nos 30/2022 s. 32, 23/2024 s. 52(2)(a).
Subject to subsections (1A) and (1B), the Principal Councillor Conduct Registrar, after examining an application made under section 143, must appoint an arbiter to the Council to hear the matter if the Principal Councillor Conduct Registrar is satisfied that—
the application is not frivolous, vexatious, misconceived or lacking in substance; and
S. 144(1)(b) amended by No. 23/2024 s. 52(2)(b).
there is sufficient evidence to support an allegation of a breach of the Model Councillor Code of Conduct as specified in the application; and
S. 144(1)(c) inserted by No. 23/2024 s. 52(2)(c).
the Council—
has taken sufficient or appropriate steps to resolve the matter and the matter remains unresolved; or
has not taken any steps to resolve the matter but the reason for that is adequate.
S. 144(1A) inserted by No. 23/2024 s. 52(3).
If the Principal Councillor Conduct Registrar is satisfied as to the matters specified in subsection (1) in respect of an application returned by an arbiter under section 144A(2)(b), the Principal Councillor Conduct Registrar must appoint a different arbiter to hear the application.
S. 144(1B) inserted by No. 23/2024 s. 52(3).
If the Principal Councillor Conduct Registrar is satisfied that the matter the subject of an application has been or is being dealt with, or would more appropriately be dealt with, by the Council or another person or body (including an arbiter already appointed or a Councillor Conduct Panel already formed), the Principal Councillor Conduct Registrar may—
reject the application; or
refer the matter back to the Council; or
refer the matter to that other person or body.
S. 144(2) substituted by No. 23/2024 s. 52(4).
Subject to subsection (1B), the Principal Councillor Conduct Registrar must reject an application, or refer a matter the subject of an application back to the Council, if the Principal Councillor Conduct Registrar is not satisfied as to the matters specified in subsection (1).
S. 144(3) amended by No. 23/2024 s. 52(5).
The rejection of an application, or the referral of a matter the subject of an application back to the Council or to another person or body, by the Principal Councillor Conduct Registrar under this section does not prevent a further application being made under section 143 in respect of the same conduct by a Councillor that was the subject of the rejected application.
This Act’s bill:Explanatory memorandumSecond reading speech
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