Charge for certain offences not to proceed if application has been made
158 Charge for certain offences not to proceed if application has been made
This section applies if an application for a Councillor Conduct Panel to make a finding of serious misconduct by a Councillor has been made in respect of the following conduct—
the release of confidential information;
a failure to comply with conflict of interest requirements;
seeking to direct a member of Council staff.
If this section applies, the Councillor must not be charged with an offence in respect of the same conduct unless—
the Councillor Conduct Panel application is withdrawn; or
the Chief Municipal Inspector requires the Councillor Conduct Panel to suspend or stop consideration of the matter; or
before the Councillor Conduct Panel makes a determination, the Councillor ceases to be a Councillor; or
the matter or behaviour that is the subject of an application for a finding of serious misconduct has been referred to another law enforcement agency.
This Act’s bill:Explanatory memorandumSecond reading speech
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