74CReports relating to local government and planning authorities

#### 74C Reports relating to local government and planning authorities 74C Reports relating to local government and planning authorities > > (1) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the making of a proclamation under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) that all civic offices in relation to a local government authority be declared vacant if the Commission is of the opinion that systemic corruption exists within the local government authority. > > > (2) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the suspension of a councillor from civic office under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) with a view to his or her dismissal for serious corrupt conduct. > > > (2A) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the suspension of a councillor from civic office under Division 3 (Misbehaviour) of Part 1 of Chapter 14 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030). > > > (3) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the suspension from duty of a member of the staff of a local government authority with a view to the institution of disciplinary or criminal proceedings against the member of staff for serious corrupt conduct. > > > (3A) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the appointment of a person under section 118 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) to administer functions of a council under that Act because of serious corrupt conduct by any of the councillors in connection with the exercise or purported exercise of those functions. > > > (3B) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the suspension of a development consent granted by a consent authority under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or of a modification of such a consent, with a view to its revocation because of serious corrupt conduct by the consent authority or by a councillor or other officer or member of staff of the consent authority in connection with the grant of the consent or modification. > > > (3C) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the removal from office under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) of a member of the Independent Planning Commission, of a Sydney district or regional planning panel or of a local planning panel because of corrupt conduct by the member. > > > (4) The Commission is not to make a recommendation under this section unless the Commission is of the opinion that prompt action is required in the public interest. > > > (5) This section does not limit any other recommendation that the Commission is authorised to include in a report under section 74 in relation to a local government authority, councillor or member of staff. > > > (6) This section extends to a report in relation to a matter that has been the subject of an investigation conducted before the commencement of this section. > > **s 74C:** Ins 2002 No 19, Sch 2. Am 2002 No 44, Sch 2; 2005 No 10, Sch 1 \[31\]; 2008 No 36, Sch 2.4; 2010 No 120, Sch 3.2; 2017 No 39, Sch 6; 2017 No 60, Sch 11.4.