Part 13Review of local government acts, decisions and operations

Chapter 13—Review of local government acts, decisions and operations Part A1—Member behaviour Division 1—Council to deal with member behaviour 262A—Complaints (1) A person may make a complaint under this Division alleging that a member of a council has contravened or failed to comply with Chapter 5 Part 4 Division 2. (2) A complaint to a council under this Division must be made in accordance with, and contain any information required by, the council's behavioural management policy. (3) Subject to this Division, a council must deal with a complaint under this Division in accordance with the council's behavioural management policy (and a reference to dealing with a complaint includes a reference to refusing to deal with a complaint or determining to take no further action on a complaint). 262B—Behavioural management policy (1) A council must prepare and adopt a policy relating to the management of behaviour of members of the council (a behavioural management policy). (2) Subject to this Division, a behavioural management policy must include the following provisions relating to complaints under this Division: (a) provisions requiring that, on receipt, a complaint will be provided to a person authorised to receive complaints, being a person who is not the person the subject of the complaint; (b) provisions authorising the council to deal with complaints as the council considers appropriate, including by— (i) refusing to deal with a complaint; or (ii) determining to take no further action on a complaint (having commenced dealing with a complaint); or (iii) arranging for mediation, conciliation, arbitration or other dispute or conflict resolution in relation to a complaint; Provisions of a behavioural management policy setting out the grounds authorising a council to refuse to deal with a complaint or determine to take no further action on a complaint may include grounds such as— (a) the ground that the subject matter of the complaint is trivial; or (b) the ground that the complaint is frivolous or vexatious or is not made in good faith; or (c) the ground that the complainant or the person on whose behalf the complaint was made does not have a sufficient personal interest in the matter raised in the complaint; or (d) the ground that, having regard to all the circumstances of the case, it is unnecessary or unjustifiable for the council to deal with or continue to deal with the complaint; or (e) the ground that the subject matter of the complaint has been or is already being investigated, whether by the council or another person or body; or (f) the ground that the council has dealt with the complaint adequately. (c) provisions authorising the council to inquire into a complaint in such manner as the council considers appropriate (subject to the principles of procedural fairness); Provisions of a behavioural management policy relating to inquiring into a complaint appropriately may include procedures such as 1 or more of the following: (a) provisions relating to parties to the process providing submissions (oral or written); (b) provisions relating to the conduct of interviews; (c) provisions relating to the undertaking of investigations (formal or informal). (d) provisions authorising the council to conduct an inquiry itself or delegate the conduct of an inquiry to any person or body (with the agreement of the person or body) the council considers appropriate in the circumstances; Examples of the kind of person to whom a council may delegate the conduct of an inquiry include— (a) the principal member of the council; or (b) the chief executive officer of the council; or (c) a delegate of the principal member or the chief executive officer; or (d) a committee of the council (such as a committee established in relation to governance matters); or (e) a person who is not a member or employee of the council. (e) provisions authorising the council to take action to resolve a complaint in such manner as the council considers appropriate, including by— (i) requiring the member to undertake training, instruction, counselling, mentoring or coaching; or (ii) taking action under this Division. (3) Without limiting subsection (2), a behavioural management policy may contain other provisions relating to the processes and procedures for receiving and dealing with complaints under this Division. (4) A behavioural management policy— (a) must not be inconsistent with the behavioural standards; and (b) must not be inconsistent with the Public Interest Disclosure Act 2018 or a council procedure under that Act; and (c) must comply with any requirement specified by the behavioural standards. (5) A member of a council must comply with the council's behavioural management policy. (6) A council may from time to time alter a behavioural management policy, or substitute a new policy. (7) A council must, within 12 months after the conclusion of each periodic election, review the operation of its behavioural management policy. 262C—Action (1) A council may, after inquiring into a complaint under this Division, do 1 or more of the following: (a) pass a censure motion in respect of the member; (b) require the member to issue a public apology (in a manner determined by the council); (c) require the member to undertake a specified course of training or instruction; (d) remove or suspend the member from 1 or more offices held in the member's capacity as a member of the council or by virtue of being a member of the council (other than the office of member of the council). (2) If action is taken in respect of a member of a council under this section, a report on the matter must be considered in public at a meeting of the council. (3) In the exercise or performance of a power or function under this Division, a council (including any person acting on behalf of, or as a delegate of, the council)— (a) must proceed with as little formality and technicality and with as much expedition as the requirements of this or any other Act and a proper consideration of the matter permit; and (b) is not bound by rules of evidence but may inform itself of any matter in any manner that the council considers appropriate. 262D—Reasons If a council— (a) refuses to deal with a complaint under this Division; or (b) determines to take no further action in relation to a complaint under this Division (whether or not an inquiry has been commenced or completed on the complaint), the council must provide the complainant with written reasons for the refusal or determination. Division 2—Behavioural standards panel