Local Government Act 2020

On the recommendation of the Minister, the Governor in Council, by Order, may disqualify a person from being a Councillor for the specified period if—

the person was a Councillor during the term of office of a Council that was dismissed under an Act; and

while the person was a Councillor or at any later time, a Municipal Monitor or a Commission of Inquiry provided a report to the Minister stating that the person—

was creating a serious risk to the health and safety of Councillors or members of Council staff; or

in the person's capacity as a Councillor, was creating a serious risk to the health and safety of other persons; or

was preventing the Council from performing its functions.

For the purposes of subsection (1), the specified period is 8 years from the day on which the Council of which the person was a Councillor was dismissed.

If the Minister intends to make a recommendation under subsection (1), the Minister must—

notify the person of that intention in writing; and

consider any response provided by the person within 10 business days.

If an Order is made under subsection (1), the Minister must provide a copy of the Order to the person disqualified and to the current Council.

A copy of an Order given to a Council under subsection (4) must be tabled at and recorded in the minutes of the next Council meeting.

An Order made under subsection (1)—

must be laid before both Houses of Parliament—

if Parliament is then sitting, within 7 days after its making; or

if Parliament is not then sitting, within 7 days after the next meeting of Parliament; and

may be disallowed by a resolution of either House of Parliament within 7 days after it has been laid before each House.