NSWIn ForceAct
Local Government Act 1993
482Decision of NCAT—pecuniary interests matters not involving councillors or administrators
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#### 482 Decision of NCAT—pecuniary interests matters not involving councillors or administrators
482 Decision of NCAT—pecuniary interests matters not involving councillors or administrators
> > (1) This section applies to complaints relating to breaches of pecuniary interests duties by persons other than councillors, former councillors, administrators or former administrators.
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> > (2) If it finds a complaint against an employee of the council is proved, the Civil and Administrative Tribunal may—
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> > > (a) counsel the employee, or
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> > > (b) reprimand the employee, or
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> > > (c) recommend that the council take specified disciplinary action against the employee (including counselling or reprimanding the employee), or
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> > > (d) recommend dismissal of the employee.
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> > (3) The Civil and Administrative Tribunal may, if it finds a complaint against a member of a council committee is proved—
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> > > (a) counsel the member, or
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> > > (b) reprimand the member, or
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> > > (c) suspend the member from office as member of the committee for a period not exceeding 6 months, or
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> > > (d) disqualify the member from holding office as a member of any committee of that council for a period not exceeding 5 years.
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> > (4) The Civil and Administrative Tribunal may, if it finds a complaint against an adviser to a council is proved—
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> > > (a) counsel the adviser, or
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> > > (b) reprimand the adviser, or
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> > > (c) suspend the adviser from office as adviser for a period not exceeding 6 months, or
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> > > (d) disqualify the adviser from holding office as an adviser to that council for a period not exceeding 5 years.
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> > (4A) The Civil and Administrative Tribunal may, if it finds a complaint against a delegate of a council (other than the general manager of a council) is proved—
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> > > (a) counsel the delegate, or
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> > > (b) reprimand the delegate, or
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> > > (c) suspend the delegate from acting as a delegate for a period not exceeding 6 months, or
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> > > (d) disqualify the delegate from being a delegate of that council for a period not exceeding 5 years.
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> > (5) In determining which action, if any, to take against a person under this section, the Tribunal may take into account any previous complaints proved against the person, any action previously taken against the person and any other relevant matters.
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> > (6) (Repealed)
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> **s 482:** Am 1994 No 44, Sch 10 (5); 1998 No 16, Sch 1 \[18\]; 2000 No 112, Sch 2 \[32\]; 2004 No 73, Schs 1 \[12\], 3 \[10\]; 2012 No 94, Sch 1 \[16\]; 2013 No 95, Sch 7.3 \[32\]; 2016 No 38, Sch 1 \[68\]–\[70\].