Local Government Act 2020

After a Councillor Conduct Panel has conducted a hearing, the Councillor Conduct Panel may—

make a finding of serious misconduct against a Councillor; or

if it is satisfied that a Councillor has breached the Model Councillor Code of Conduct on one or more occasions and the application for a finding of serious misconduct was made to the Councillor Conduct Panel within the period of 3 months after the breach occurred, make a finding of misconduct against a Councillor; or

whether or not a finding of misconduct or serious misconduct against a Councillor has been made, make a finding that remedial action is required; or

dismiss the application.

If a Councillor Conduct Panel makes a finding of serious misconduct against a Councillor, the Councillor becomes ineligible to hold the office of Mayor or Deputy Mayor for the remainder of the Council's term unless the Councillor Conduct Panel directs otherwise.

If a Councillor Conduct Panel makes a finding of serious misconduct against a Councillor, the Councillor Conduct Panel may do any one or more of the following—

reprimand the Councillor;

direct the Councillor to make an apology in a form or manner determined by the Councillor Conduct Panel;

suspend the Councillor from office for a period specified by the Councillor Conduct Panel not exceeding 12 months;

direct that the Councillor is ineligible to chair a delegated committee of the Council for a period specified by the Councillor Conduct Panel not exceeding the remainder of the Council's term.

If a Councillor Conduct Panel makes a finding of misconduct against a Councillor as specified in subsection (1)(b), the Councillor Conduct Panel may do any one or more of the following—

direct the Councillor to make an apology in a form or manner specified by the Councillor Conduct Panel;

suspend the Councillor from the office of Councillor for a period specified by the Councillor Conduct Panel not exceeding 3 months;

direct that the Councillor be removed from any position where the Councillor represents the Council for the period determined by the Councillor Conduct Panel;

direct that the Councillor be removed from being the chair of a delegated committee for the period determined by the Councillor Conduct Panel;

direct the Councillor to attend or undergo training or counselling specified by the Councillor Conduct Panel;

direct that the Councillor is not to attend or participate in a Council meeting specified by the Councillor Conduct Panel that occurs after the meeting at which the decision and statement of reasons are tabled under section 168(2) and (3A);

direct that the Councillor is ineligible to hold the office of Mayor or Deputy Mayor for a period specified by the Councillor Conduct Panel not exceeding 12 months.

For the purposes of subsection (3) or (4), any period of suspension of a Councillor from the office of Councillor is to be reduced by any period during which the Councillor was stood down under Division 6 of Part 7 in relation to the relevant conduct.

If a Councillor Conduct Panel makes a finding that remedial action is required, the Councillor Conduct Panel may direct the Councillor who is the subject of the application to attend one or more of the following—

mediation;

training;

counselling.

For the purposes of subsection (6), a Councillor Conduct Panel may set reasonable conditions in respect of how or when remedial action is to be undertaken.

Any necessary expenses incurred by Councillors in attending mediation, training or counselling must be paid by the Council.