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Local Government Act 1989
246Local Government Amendment (Performance Reporting and Accountability) Act 2014—financial year commencing on 1 July 2013
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246 Local Government Amendment (Performance Reporting and Accountability) Act 2014—financial year commencing on 1 July 2013
Despite the amendments made to this Act by sections 6, 7, 8, 9, 10, 11 (except subsection (1)) and 12 of the **Local Government Amendment (Performance Reporting and Accountability) Act 2014**, sections 125, 126, 127, 128, 129, 130, 131, 132 and 133, as in force immediately before 18 April 2014, continue to apply in relation to the financial year which commenced on 1 July 2013.
S. 247 inserted by No. 53/2015 s. 76.
247 Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Councillor Conduct Panel matters
(a) before the commencement day an application has been made under section 81B; and
(b) a decision in respect of that application has not yet been determined.
(2) On and after the commencement day, the Councillor Conduct Panel must hear, or finish hearing and determine the application in accordance with Divisions 1A and 1B of Part 4 and Schedule 5 as in force immediately before that day.
(3) If after the Councillor Conduct Panel has determined the application under subsection (2), the Councillor Conduct Panel authorises an applicant to make an application to VCAT for a finding of serious misconduct against a Councillor under section 81J(1)(b) as in force immediately before the commencement day, VCAT must hear the application in accordance with—
(4) If after the Councillor Conduct Panel has determined the application under subsection (2), a party affected by that Councillor Conduct Panel decision wishes to apply to VCAT for review of that decision, the party's application and VCAT's review of the decision must be in accordance with—
as in force immediately before the commencement day.
(5) In this section—
S. 248 inserted by No. 53/2015 s. 76.
248 Transitional provision—Local Government Amendment (Improved Governance) Act 2015—VCAT review
(a) before the commencement day, an application to a Councillor Conduct Panel has been determined; and
(b) before, on or after that day, a party affected by that Councillor Conduct Panel decision applies to VCAT for review of that decision.
(2) On and after the commencement day, VCAT must review the decision of the Councillor Conduct Panel in accordance with—
S. 249 inserted by No. 53/2015 s. 76.
249 Transitional provision—Local Government Amendment (Improved Governance) Act 2015—VCAT matters (by referral, on grounds of gross misconduct or for review)
(1) This section applies if, before the commencement day, an application—
(a) made under section 81B that has been referred to VCAT under section 81D; or
(b) made under section 81E; or
(c) authorised by a Councillor Conduct Panel under section 81J(1)(b); or
(d) for review under section 81Q—
has not been determined by VCAT.
(2) On and after the commencement day, VCAT must, subject to subsection (3), determine the application in accordance with—
(3) If, on or after the commencement day, VCAT refers a matter the subject of an application to which this section applies to a Councillor Conduct Panel under section 81L as in force immediately before that day, a Councillor Conduct Panel formed for the purposes of that section may make a direction in accordance with that section.
(4) In this section—
S. 250 inserted by No. 53/2015 s. 76.