sec.150AQDeciding about misconduct and connected conduct breach

### sec.150AQ Deciding about misconduct and connected conduct breach After conducting the hearing, the conduct tribunal must decide— whether or not the councillor has engaged in— if the application relates to alleged misconduct and an alleged conduct breach—misconduct or a conduct breach (or both); or if the application relates only to alleged misconduct—misconduct; and if the conduct tribunal decides the councillor has engaged in misconduct or a conduct breach—what action the conduct tribunal will take under section 150AR to discipline the councillor. In deciding what action to take, the conduct tribunal may consider— any previous misconduct of the councillor; and if the application relates to a conduct breach—any previous conduct breach of the councillor; and any allegation made in the hearing that— was admitted, or not challenged; and the conduct tribunal is reasonably satisfied is true. s 150AQ ins 2018 No. 8 s 12 amd 2019 No. 30 s 89 ; 2023 No. 30 s 119 sch 1 amd 2026 No. 5 s 98 (uncommenced amendment) (sec.150AQ-ssec.1) After conducting the hearing, the conduct tribunal must decide— whether or not the councillor has engaged in— if the application relates to alleged misconduct and an alleged conduct breach—misconduct or a conduct breach (or both); or if the application relates only to alleged misconduct—misconduct; and if the conduct tribunal decides the councillor has engaged in misconduct or a conduct breach—what action the conduct tribunal will take under section 150AR to discipline the councillor. (sec.150AQ-ssec.2) In deciding what action to take, the conduct tribunal may consider— any previous misconduct of the councillor; and if the application relates to a conduct breach—any previous conduct breach of the councillor; and any allegation made in the hearing that— was admitted, or not challenged; and the conduct tribunal is reasonably satisfied is true. - (a) whether or not the councillor has engaged in— (i) if the application relates to alleged misconduct and an alleged conduct breach—misconduct or a conduct breach (or both); or (ii) if the application relates only to alleged misconduct—misconduct; and - (i) if the application relates to alleged misconduct and an alleged conduct breach—misconduct or a conduct breach (or both); or - (ii) if the application relates only to alleged misconduct—misconduct; and - (b) if the conduct tribunal decides the councillor has engaged in misconduct or a conduct breach—what action the conduct tribunal will take under section 150AR to discipline the councillor. - (i) if the application relates to alleged misconduct and an alleged conduct breach—misconduct or a conduct breach (or both); or - (ii) if the application relates only to alleged misconduct—misconduct; and - (a) any previous misconduct of the councillor; and - (b) if the application relates to a conduct breach—any previous conduct breach of the councillor; and - (c) any allegation made in the hearing that— (i) was admitted, or not challenged; and (ii) the conduct tribunal is reasonably satisfied is true. - (i) was admitted, or not challenged; and - (ii) the conduct tribunal is reasonably satisfied is true. - (i) was admitted, or not challenged; and - (ii) the conduct tribunal is reasonably satisfied is true.