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Contents (1993 - 30)
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Local Government Act 1993 No 30
Current version for 1 November 2019 to date (accessed 17 November 2019 at 11:48)
Chapter 14 Part 3 Division 4
Division 4 Proceedings before NCAT—general provisions
471–477   (Repealed)
478   Additional complaints
(1)  The Civil and Administrative Tribunal may in proceedings before it deal with one or more complaints about a person.
(2)  If, during any such proceedings, it appears to the Civil and Administrative Tribunal that, having regard to any matters that have arisen, another complaint could have been made against the person concerned—
(a)  whether instead of or in addition to the complaint which was made, and
(b)  whether or not by the same complainant,
the Civil and Administrative Tribunal may take that other complaint to have been referred to it and may deal with it in the same proceedings.
(3)  If another complaint is taken to have been referred to the Civil and Administrative Tribunal under subsection (2), the complaint may be dealt with after such an adjournment (if any) as is, in the opinion of the Civil and Administrative Tribunal, just and equitable in the circumstances.
(4)  If another complaint is taken to have been referred to the Civil and Administrative Tribunal under subsection (2), the Tribunal may do either or both of the following—
(a)  reconsider any decision under section 470 to determine proceedings on the original complaint without a hearing and, if appropriate, recommence proceedings in relation to that complaint, or that complaint and any additional complaint, by way of hearing,
(b)  decide, in accordance with section 470, to determine proceedings, in relation to the original complaint, any additional complaint or all complaints, without a hearing.
(5)  This section does not apply to proceedings in relation to a matter referred to the Civil and Administrative Tribunal under section 440J.
479–481   (Repealed)
482   Decision of NCAT—pecuniary interests matters not involving councillors or administrators
(1)  This section applies to complaints relating to breaches of pecuniary interests duties by persons other than councillors, former councillors, administrators or former administrators.
(2)  If it finds a complaint against an employee of the council is proved, the Civil and Administrative Tribunal may—
(a)  counsel the employee, or
(b)  reprimand the employee, or
(c)  recommend that the council take specified disciplinary action against the employee (including counselling or reprimanding the employee), or
(d)  recommend dismissal of the employee.
(3)  The Civil and Administrative Tribunal may, if it finds a complaint against a member of a council committee is proved—
(a)  counsel the member, or
(b)  reprimand the member, or
(c)  suspend the member from office as member of the committee for a period not exceeding 6 months, or
(d)  disqualify the member from holding office as a member of any committee of that council for a period not exceeding 5 years.
(4)  The Civil and Administrative Tribunal may, if it finds a complaint against an adviser to a council is proved—
(a)  counsel the adviser, or
(b)  reprimand the adviser, or
(c)  suspend the adviser from office as adviser for a period not exceeding 6 months, or
(d)  disqualify the adviser from holding office as an adviser to that council for a period not exceeding 5 years.
(4A)  The Civil and Administrative Tribunal may, if it finds a complaint against a delegate of a council (other than the general manager of a council) is proved—
(a)  counsel the delegate, or
(b)  reprimand the delegate, or
(c)  suspend the delegate from acting as a delegate for a period not exceeding 6 months, or
(d)  disqualify the delegate from being a delegate of that council for a period not exceeding 5 years.
(5)  In determining which action, if any, to take against a person under this section, the Tribunal may take into account any previous complaints proved against the person, any action previously taken against the person and any other relevant matters.
(6)    (Repealed)
482A   Decision of NCAT—misconduct matters
(1)  This section applies where a matter has been referred to the Civil and Administrative Tribunal under section 438HA or 440J.
(2)  The Tribunal may, if it finds that the behaviour concerned warrants action under this section—
(a)  counsel the councillor, or
(b)  reprimand the councillor, or
(c)  suspend the councillor from civic office for a period not exceeding 6 months, or
(c1)  disqualify the councillor from holding civic office for a period not exceeding 5 years, or
(d)  suspend the councillor’s right to be paid any fee or other remuneration, to which the councillor would otherwise be entitled as the holder of the civic office, in respect of a period not exceeding 6 months (without suspending the councillor from civic office for that period).
(3)  In determining which action, if any, to take against a councillor, the Tribunal may take into account any previous incidents of misconduct by the councillor, any disciplinary action previously taken against the councillor and any other relevant matters.
(4)  In this section, councillor includes a former councillor.
483–485   (Repealed)
486   Referral of matters by NCAT
Despite section 489(1) and (1A), the Civil and Administrative Tribunal may refer a matter before it under this Act to an authority if it considers that it is more appropriate that the authority deal with the matter and if the authority agrees to the referral.
486A   Exclusive jurisdiction of NCAT over pecuniary interests contraventions (other than by councillors and administrators)
(1)  The Civil and Administrative Tribunal has exclusive jurisdiction at first instance to decide allegations of contraventions of a pecuniary interests duty by a person other than a councillor, a former councillor, an administrator or a former administrator.
(2)  Accordingly, proceedings at first instance to decide allegations of contraventions of a pecuniary interests duty by a person other than a councillor, a former councillor, an administrator or a former administrator may not be brought before, or entertained by, any other tribunal or any court.