482ADecision of NCAT—misconduct matters

482A Decision of NCAT—misconduct matters

482A Decision of NCAT—misconduct matters

(1) This section applies where a matter has been referred to the Civil and Administrative Tribunal under section 438HA or 440J.

(2) The Tribunal may, if it finds that the behaviour concerned warrants action under this section—

(a) counsel the councillor, or

(b) reprimand the councillor, or

(c) suspend the councillor from civic office for a period not exceeding 6 months, or

(c1) disqualify the councillor from holding civic office for a period not exceeding 5 years, or

(d) suspend the councillor’s right to be paid any fee or other remuneration, to which the councillor would otherwise be entitled as the holder of the civic office, in respect of a period not exceeding 6 months (without suspending the councillor from civic office for that period).

(3) In determining which action, if any, to take against a councillor, the Tribunal may take into account any previous incidents of misconduct by the councillor, any disciplinary action previously taken against the councillor and any other relevant matters.

(4) In this section, councillor includes a former councillor.

s 482A: Ins 2004 No 73, Sch 1 [13]. Am 2012 No 94, Sch 1 [15] [17] [18]; 2013 No 95, Sch 7.3 [33]; 2015 No 37, Sch 1 [39].