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Contents (1993 - 30)
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Local Government Act 1993 No 30
Current version for 25 June 2019 to date (accessed 17 October 2019 at 04:53)
Chapter 14 Part 3 Division 1
Division 1 Making and investigation of complaints
460   Complaints concerning failure to disclose pecuniary interests
(1)  A person may make a complaint to the Departmental Chief Executive, or the Departmental Chief Executive may make a complaint, that a person (other than a councillor, former councillor, administrator or former administrator) has or may have contravened a pecuniary interests duty.
(2)  A complaint:
(a)  must be in writing, and
(b)  must identify the complainant and the person against whom the complaint is made, and
(c)  must give particulars of the grounds of the complaint, and
(d)    (Repealed)
(e)  must be lodged with the Departmental Chief Executive.
(3)  The provisions of subsection (2) (b), in so far as they require a complaint to identify the complainant, and (e) do not apply to a complaint made by the Departmental Chief Executive.
461   Departmental Chief Executive may require further information
The Departmental Chief Executive may require the complainant to provide further particulars of the complaint within the time specified by the Departmental Chief Executive.
462   Investigation of complaints
(1)  The Departmental Chief Executive may investigate a complaint.
(2)  The Departmental Chief Executive may refer a complaint for investigation to an authority, being the Ombudsman, the Independent Commission Against Corruption, the Commissioner of Police or the Director of Public Prosecutions, if the authority agrees to the referral. Such a referral may be made whether or not the Departmental Chief Executive has begun to investigate the complaint.
(3)  The Departmental Chief Executive may decide not to investigate a complaint but to authorise an investigation under section 430 in respect of a matter to which the complaint relates.
463   Decision not to investigate a complaint
(1)  The Departmental Chief Executive may decide to take no action concerning a complaint (including a complaint referred to in section 464 (2)) if the Departmental Chief Executive considers that the complaint falls into any of the following categories:
(a)  the complaint is frivolous, vexatious or not made in good faith,
(b)  the subject-matter of the complaint is trivial or does not warrant investigation,
(c)  the subject-matter of the complaint has been or is under investigation by some other competent person or body or has been or is the subject of legal proceedings,
(d)  the complaint raises issues that require investigation by another person or body,
(e)  there is or was, in relation to the matter complained of, a satisfactory alternative means of dealing with the matter by the complainant,
(f)  the complaint relates to a matter that occurred more than 2 years before the complaint was made and the complainant does not have a sufficient reason for having delayed the making of the complaint,
(g)  the complainant has failed to provide further particulars of the complaint within the time specified by the Departmental Chief Executive.
(2)  If the Departmental Chief Executive decides to take no action concerning a complaint (including a complaint referred to in section 464 (2)), the Departmental Chief Executive must notify the complainant and give the reasons for the decision.
464   Referral and investigation of complaints by other authorities
(1)  An authority who receives a matter (otherwise than from the Departmental Chief Executive) for the purpose of investigation is authorised by this Act to refer the matter to the Departmental Chief Executive if the matter involves a possible contravention of pecuniary interests duties by a person (other than a councillor, former councillor, administrator or former administrator).
(2)  A matter referred to the Departmental Chief Executive under this section is taken to be a complaint made by the Departmental Chief Executive.
465   NCAT to be notified of investigations
The Departmental Chief Executive must notify the Civil and Administrative Tribunal of a decision to investigate a complaint or to refer a complaint for investigation to an authority.
466   Persons to be notified of complaint
(1)  The Departmental Chief Executive must, within 3 months after receiving a complaint, making a complaint or having a matter referred to the Departmental Chief Executive under section 464, give the person against whom the complaint is made notice of the nature of the complaint and whether any action has been, or is intended to be, taken concerning the complaint.
(2)  At the same time as notice is given to the person against whom the complaint is made, the Departmental Chief Executive must notify the complainant whether any action has been, or is intended to be, taken concerning the complaint. However, at the time the notice is given to the person against whom the complaint is made, the Departmental Chief Executive is not obliged to notify the complainant of the decision not to investigate a complaint if notice of that decision has already been given under section 463 (2).
467   Reports of investigation of complaints by authorities
An authority who has investigated an allegation that a person has or may have contravened a pecuniary interests duty (whether or not the allegation was referred for investigation by the Departmental Chief Executive), is authorised by this Act to send any report prepared by the authority concerning the investigation to the Departmental Chief Executive.
468   Presentation of reports to NCAT
(1)  The Departmental Chief Executive must present a report to the Civil and Administrative Tribunal of an investigation into a complaint carried out by the Departmental Chief Executive.
(2)  The Departmental Chief Executive must present to the Civil and Administrative Tribunal any report received under section 467 from an authority.