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Contents (1993 - 30)
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Local Government Act 1993 No 30
Current version for 8 January 2019 to date (accessed 20 June 2019 at 03:59)
Chapter 14 Part 1 Division 2
Division 2 Serious corrupt conduct
440A   Definition of “serious corrupt conduct”
In this Division:
serious corrupt conduct means corrupt conduct (within the meaning of the Independent Commission Against Corruption Act 1988) that may constitute a serious indictable offence, being:
(a)  in the case of conduct of the holder of a civic office—conduct in connection with the exercise or purported exercise of the functions of the civic office, or
(b)  in the case of conduct of a member of staff of a council—conduct in connection with exercise or purported exercise of the duties of the member of staff.
440B   Dismissal and disqualification from civic office for serious corrupt conduct
(1)  The Governor may dismiss a person from civic office and disqualify the person from holding civic office for a period not exceeding 5 years if:
(a)  the Independent Commission Against Corruption, in a report referred to in section 74C of the Independent Commission Against Corruption Act 1988, recommends that consideration be given to the suspension of the person from office with a view to his or her dismissal for serious corrupt conduct, and
(b)  the person is suspended from the civic office by the Minister under this Division, and
(c)  the Minister advises the Governor that the dismissal of the person is necessary in order to protect the public standing of the council concerned and the proper exercise of its functions.
(1A)  If:
(a)  a recommendation has been made as referred to in subsection (1) (a) about a person, and
(b)  the person has since ceased to hold civic office, and
(c)  the Minister advises the Governor that disqualification of the person from holding civic office is necessary in order to protect the public standing of councils and the proper exercise of their functions,
the Governor may disqualify the person from holding civic office for a period not exceeding 5 years.
(2)  Before advising the Governor on a dismissal or disqualification, the Minister is to give the person a reasonable opportunity to show cause why he or she should not be dismissed or disqualified from civic office.
440C   Temporary suspension from civic office for serious corrupt conduct
(1)  The Minister may, without notice or inquiry, suspend a person from civic office:
(a)  if the Independent Commission Against Corruption, in a report referred to in section 74C of the Independent Commission Against Corruption Act 1988, recommends that consideration be given to the suspension of the person from office with a view to his or her dismissal for serious corrupt conduct, or
(b)  if criminal proceedings for serious corrupt conduct are instituted against the person, or
(c)  if the person makes an admission of serious corrupt conduct.
(2)  A person, while suspended from civic office under this section:
(a)  is not entitled to exercise any of the functions of the civic office, and
(b)  is not entitled to any fee or other remuneration, or to the payment of expenses or to the use of council facilities, to which the person would otherwise be entitled as the holder of the civic office.
(3)  A suspension under this section may be removed by the Minister at any time.
(4)  A suspension under this section is removed in the following circumstances:
(a)  if the person is not dismissed from civic office, or criminal proceedings in connection with the serious corrupt conduct are not instituted, within 6 months after the suspension,
(b)  in the case of a person against whom criminal proceedings are instituted in connection with the serious corrupt conduct—if the proceedings are withdrawn or dismissed.
(4A)  However, if the suspension is based on a recommendation made by the Independent Commission Against Corruption or an admission made by the person and the person commences proceedings relating to the recommendation or admission:
(a)  the suspension remains in effect while those proceedings and any related proceedings for review or appeal are dealt with, and
(b)  subsection (4) (a) applies as if the reference to 6 months after the suspension were a reference to 6 months after those proceedings and any related proceedings for review or appeal are finally dealt with or withdrawn.
(5)  If a suspension is removed, any fee or other remuneration withheld may (if the Minister so directs) be subsequently paid to the person concerned.
440D   Temporary suspension of staff in connection with serious corrupt conduct
(1)  The general manager may suspend a member of staff of a council from duty:
(a)  if the Independent Commission Against Corruption, in a report referred to in section 74C of the Independent Commission Against Corruption Act 1988, recommends that consideration be given to the suspension of the member of staff from duty with a view to the institution of disciplinary or other proceedings against the member of staff for serious corrupt conduct, or
(b)  if criminal proceedings for serious corrupt conduct are instituted against the member of staff, or
(c)  if the member of staff makes an admission of serious corrupt conduct.
(2)  If the general manager so directs, a member of staff, while suspended from duty under this section, is not entitled to any salary or other remuneration to which the person would otherwise be entitled as a member of staff.
(3)  A suspension under this section may be removed by the general manager at any time.
(4)  A suspension under this section is removed in the following circumstances:
(a)  if disciplinary or criminal proceedings in connection with the serious corrupt conduct are not instituted within 6 months after the suspension,
(b)  in the case of a member of staff against whom disciplinary or criminal proceedings are instituted in connection with the serious corrupt conduct—if the proceedings are withdrawn or dismissed.
(4A)  However, if the suspension is based on a recommendation made by the Independent Commission Against Corruption or an admission made by the person and the person commences proceedings relating to the recommendation or admission:
(a)  the suspension remains in effect while those proceedings and any related proceedings for review or appeal are dealt with, and
(b)  subsection (4) (a) applies as if the reference to 6 months after the suspension were a reference to 6 months after those proceedings and any related proceedings for review or appeal are finally dealt with or withdrawn.
(5)  If a suspension is removed, any salary or other remuneration withheld may (if the general manager so directs) be subsequently paid to the member of staff.
(6)  The Minister may exercise the functions of the general manager under this section in connection with:
(a)  conduct of a general manager, or
(b)  conduct of any other member of staff (but only if the Minister is satisfied that the general manager has failed to act under this section without reasonable cause).
(7)  This section does not limit any other power to suspend a member of staff from duty.
440E   Application of Division
This Division applies to serious corrupt conduct, and to criminal proceedings instituted or admissions made in respect of serious corrupt conduct, before or after the commencement of this Division.