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, 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].