150JPowers of Council to obtain information, records and evidence [NSW]

150J Powers of Council to obtain information, records and evidence [NSW]

150J Powers of Council to obtain information, records and evidence [NSW]

(1) If, in a Council’s opinion, a person is capable of giving information, documents (including medical records) or evidence that would assist the Council in making a decision about action taken or proposed to be taken by the Council under this Subdivision, the Council may, by written notice given to the person, require the person to do one or more of the following—

(a) to give the Council, in writing signed by the person (or, in the case of a corporation, by a competent officer of the corporation), within the time and in the way specified in the notice, information of which the person has knowledge;

(b) to produce to the Council, in accordance with the notice, documents;

(c) to appear before the Council or a member of staff of the Council authorised by the President or Deputy President of the Council at a specified reasonable time and place and give evidence, either orally or in writing, and produce documents.

(2) Information and documents may be given to a Council in compliance with this section despite any other Act or law.

(3) A person who is subject to a requirement made under subsection (1) must not—

(a) without reasonable excuse, fail to comply with the requirement; or

(b) in purported compliance with the requirement, provide information, documents or evidence knowing the information, documents or evidence to be false or misleading in a material particular.

Maximum penalty—20 penalty units.