sec.150AELocal government must adopt investigation policy

### sec.150AE Local government must adopt investigation policy A local government must adopt, by resolution, a policy (an investigation policy ) about how it deals with the suspected conduct breaches of councillors referred, by the assessor, to the local government to be dealt with. The policy must— include a procedure for investigating the suspected conduct breaches of councillors; and state the circumstances in which another entity may investigate the conduct; and be consistent with the principles of natural justice; and require the local government to prepare a report about each investigation; and require councillors and persons who make complaints about councillors’ conduct to be given notice about the outcome of investigations; and include a procedure about when the local government may decide not to start, or to discontinue, an investigation under section 150AEA . The policy must require the local government— to give the councillor information about the suspected conduct, including details about the evidence of the conduct; and to give the councillor a notice if an investigation is not started or is discontinued; and for conduct the subject of a complaint—to give the person who made the complaint, if the contact details of the person are known, a notice if an investigation is not started or is discontinued; and to give the councillor the preliminary findings of the investigation before preparing an investigation report about the investigation; and to allow the councillor to give evidence or a written submission to the local government about the suspected conduct and preliminary findings; and to consider any evidence and written submission given by the councillor in preparing the investigation report for the investigation; and to include in the investigation report— if evidence is given by the councillor—a summary of the evidence; and if the councillor gives a written submission—a full copy of the written submission. The policy must be published on the local government’s website. s 150AE ins 2018 No. 8 s 12 amd 2023 No. 30 s 53 om 2026 No. 5 s 93 (uncommenced amendment) (sec.150AE-ssec.1) A local government must adopt, by resolution, a policy (an investigation policy ) about how it deals with the suspected conduct breaches of councillors referred, by the assessor, to the local government to be dealt with. (sec.150AE-ssec.2) The policy must— include a procedure for investigating the suspected conduct breaches of councillors; and state the circumstances in which another entity may investigate the conduct; and be consistent with the principles of natural justice; and require the local government to prepare a report about each investigation; and require councillors and persons who make complaints about councillors’ conduct to be given notice about the outcome of investigations; and include a procedure about when the local government may decide not to start, or to discontinue, an investigation under section 150AEA . (sec.150AE-ssec.3) The policy must require the local government— to give the councillor information about the suspected conduct, including details about the evidence of the conduct; and to give the councillor a notice if an investigation is not started or is discontinued; and for conduct the subject of a complaint—to give the person who made the complaint, if the contact details of the person are known, a notice if an investigation is not started or is discontinued; and to give the councillor the preliminary findings of the investigation before preparing an investigation report about the investigation; and to allow the councillor to give evidence or a written submission to the local government about the suspected conduct and preliminary findings; and to consider any evidence and written submission given by the councillor in preparing the investigation report for the investigation; and to include in the investigation report— if evidence is given by the councillor—a summary of the evidence; and if the councillor gives a written submission—a full copy of the written submission. (sec.150AE-ssec.4) The policy must be published on the local government’s website. - (a) include a procedure for investigating the suspected conduct breaches of councillors; and - (b) state the circumstances in which another entity may investigate the conduct; and - (c) be consistent with the principles of natural justice; and - (d) require the local government to prepare a report about each investigation; and - (e) require councillors and persons who make complaints about councillors’ conduct to be given notice about the outcome of investigations; and - (f) include a procedure about when the local government may decide not to start, or to discontinue, an investigation under section 150AEA . - (a) to give the councillor information about the suspected conduct, including details about the evidence of the conduct; and - (b) to give the councillor a notice if an investigation is not started or is discontinued; and - (c) for conduct the subject of a complaint—to give the person who made the complaint, if the contact details of the person are known, a notice if an investigation is not started or is discontinued; and - (d) to give the councillor the preliminary findings of the investigation before preparing an investigation report about the investigation; and - (e) to allow the councillor to give evidence or a written submission to the local government about the suspected conduct and preliminary findings; and - (f) to consider any evidence and written submission given by the councillor in preparing the investigation report for the investigation; and - (g) to include in the investigation report— (i) if evidence is given by the councillor—a summary of the evidence; and (ii) if the councillor gives a written submission—a full copy of the written submission. - (i) if evidence is given by the councillor—a summary of the evidence; and - (ii) if the councillor gives a written submission—a full copy of the written submission. - (i) if evidence is given by the councillor—a summary of the evidence; and - (ii) if the councillor gives a written submission—a full copy of the written submission.