CEO restrictions on communication about complaints (Act s. 5.130)
37A CEO restrictions on communication about complaints (Act s. 5.130)
For the purposes of section 5.130(5)(a), the notice under section 5.130(4) must include the following —
if section 5.130(2)(a) applies — details of the local government’s previous response to the complainant regarding the subject matter of the complaint;
if section 5.130(2)(b) applies — the reasons why the CEO is satisfied that the complaint is vexatious, misconceived, frivolous or without substance;
the reasons why the CEO is satisfied that to respond to the complaint would divert an unreasonable portion of the local government’s resources away from its other operations;
details of how the complainant can make a general complaint to the Inspector under section 8A.28(2) in relation to the CEO’s decision under section 5.130(3).
For the purposes of section 5.130(5)(b), the period must end no later than 12 months after the day on which the notice is given under section 5.130(4).
For the purposes of section 5.130(6)(d), the following actions are prescribed —
making an application (however described but not including a complaint under the Act) to the local government that is specifically required or authorised under a written law for a particular purpose;
attending a meeting of a committee of the council or raising a question at a meeting of a committee of the council in accordance with the Act;
attending a meeting of the electors of the district or participating in a meeting of the electors of the district in accordance with the Act;
requesting a special meeting under section 5.28(1);
making a submission under Schedule 2.2 clause 3 or 7 of the Act.
[Regulation 37A inserted: SL 2025/208 r. 25.]
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