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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 26 June 2019 at 06:11)
Chapter 14 Part 3 Division 3
Division 3 Proceedings before NCAT—misconduct matters
470A   NCAT to decide whether or not to conduct proceedings into a referred matter relating to misconduct
(1)  After considering a report presented to it under section 438HA or 440J in relation to a referred matter, the Civil and Administrative Tribunal may decide to conduct proceedings into the matter.
(2)  If the Civil and Administrative Tribunal decides not to conduct proceedings into a referred matter, it must provide a written statement of its decision, and the reasons for its decision:
(a)  to the councillor to whom the report relates, and
(b)  to the council concerned, and
(c)  to the Departmental Chief Executive.
(3)    (Repealed)
470B   Circumstances in which NCAT may dispense with hearing
(1)  After considering a report presented to it under section 438HA or 440J and any other document or other material lodged with or provided to the Tribunal in relation to the report, the Civil and Administrative Tribunal may determine the proceedings without a hearing if:
(a)  the Departmental Chief Executive and the councillor to whom the report relates have agreed that the proceedings may be determined without a hearing, and
(b)  there are no material facts in dispute between the Departmental Chief Executive and the councillor, and
(c)  in the opinion of the Tribunal, public interest considerations do not require a hearing.
(2)    (Repealed)