440HDepartmental Chief Executive may investigate or seek report on misconduct of councillor

440H Departmental Chief Executive may investigate or seek report on misconduct of councillor

440H Departmental Chief Executive may investigate or seek report on misconduct of councillor

(1) The Departmental Chief Executive may conduct an investigation for the purpose of determining whether a councillor has engaged in misconduct.

(2) The Departmental Chief Executive may conduct such an investigation—

(a) on his or her own initiative, or

(b) if the general manager of a council refers an allegation of misconduct by a councillor to the Departmental Chief Executive, or

(c) if a council, by resolution, refers an allegation of misconduct by a councillor to the Departmental Chief Executive, or

(d) if the Ombudsman states in a report that the Ombudsman is satisfied that a councillor has or may have engaged in misconduct, or

(e) if the Independent Commission Against Corruption states in a report that the Commission is satisfied that a councillor has or may have engaged in misconduct.

(3) For the purpose of an investigation, the Departmental Chief Executive may, by order in writing served on any person, direct the person to do any one or more of the following—

(a) provide written information, by the date specified in the order, and to verify the information by statutory declaration,

(b) produce, at a time and place specified in the order, any document specified in the order that is in the person’s custody or control.

Note.

Failure to comply with the direction is an offence under section 661.

(3A) However, the Departmental Chief Executive is to withdraw the direction if it appears to the Departmental Chief Executive that—

(a) the person does not consent to compliance with the direction, and

(b) the person would not, in court proceedings, be required to comply with a similar direction on grounds of privilege against self-incrimination or legal professional privilege, and

(c) the privilege is not a privilege in favour of a public authority or former public authority,

(and, if the direction is required to be withdrawn, the person is not guilty of an offence against section 661).