255Governor may dismiss mayor and councillors

#### 255 Governor may dismiss mayor and councillors 255 Governor may dismiss mayor and councillors > > (1) The Governor may, by proclamation, declare all civic offices in relation to a council to be vacant if— > > > > > (a) a public inquiry concerning the council has been held, and > > > > > (b) the Minister has recommended that the Governor make such a declaration. > > > (1A) The Minister may recommend that the Governor make such a declaration only— > > > > > (a) after considering the results of the public inquiry, or > > > > > (b) if the Minister decides to issue a performance improvement order to the council in response to the results of the public inquiry—after issuing the order and considering whether the council has complied with the order. > > > (2) The Governor may, by proclamation, declare all civic offices in relation to a council to be vacant if the Independent Commission Against Corruption, in a report referred to in section 74C of the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035), recommends that consideration be given to the making of such a declaration because of systemic corruption within the council. > > > (3) If the Independent Commission Against Corruption makes such a recommendation, all civic offices in relation to the council may be declared vacant under subsection (2) without the holding of a public or other inquiry concerning the council. However, the making of such a recommendation does not preclude the holding of a public or other inquiry. > > > (4) For the purposes of this Act, a council is dismissed if the Governor declares all civic offices in relation to the council to be vacant. > > **s 255:** Am 2002 No 19, Sch 1 \[1\]; 2013 No 44, Sch 1 \[9\]–\[11\].