sec.150ARDisciplinary action against councillor

### sec.150AR Disciplinary action against councillor For section 150AQ (1) (b) , the conduct tribunal may decide— that no action be taken against the councillor; or to make 1 or more of the following orders or recommendations— an order that the councillor make a public apology, in the way decided by the conduct tribunal, for the conduct; an order reprimanding the councillor for the conduct; an order that the councillor attend training or counselling to address the councillor’s conduct, including at the expense of the councillor; an order that the councillor pay to the local government an amount that is not more than the monetary value of 50 penalty units; an order that the councillor reimburse the local government for all or some of the costs arising from the councillor’s misconduct or conduct breach (or both); an order that the councillor is not to act as the deputy mayor, the chairperson of the council under the City of Brisbane Act 2010 or the chairperson of a committee of the local government for the remainder of the councillor’s term; an order that the councillor is not to attend a stated number of local government meetings, up to a maximum of 3 meetings; an order that the councillor is removed, or must resign, from a position representing the local government, other than the office of councillor; The councillor is ordered to resign from an appointment representing the local government on a State board or committee. an order that the councillor forfeit an allowance, benefit, payment or privilege paid or provided to the councillor by the local government; an order that the councillor is to forfeit, for a stated period, access to equipment or a facility provided to the councillor by the local government; a recommendation to the Minister that the councillor be suspended from office for a stated period or from performing particular functions of the office; attending council meetings or offices representing the council at public functions a recommendation to the Minister that the councillor be dismissed from office. However, if the conduct tribunal decides under section 150AQ (1) (a) (i) that the councillor has engaged in misconduct and a conduct breach, the conduct tribunal, in deciding what action to take, must have regard to the action a local government could have taken under section 150AH in relation to a conduct breach. Also, if the conduct tribunal decides under section 150AQ (1) (a) (i) that the councillor has only engaged in a conduct breach, the conduct tribunal may only take the action a local government could have taken under section 150AH in relation to a conduct breach. A recommendation mentioned in subsection (1) (b) (xi) may include a recommendation about the details of the suspension, including, for example, whether the councillor should be remunerated during the period of the suspension. s 150AR ins 2018 No. 8 s 12 amd 2019 No. 30 ss 90 , 132 ; 2023 No. 30 s 64 amd 2026 No. 5 s 99 (uncommenced amendment) (sec.150AR-ssec.1) For section 150AQ (1) (b) , the conduct tribunal may decide— that no action be taken against the councillor; or to make 1 or more of the following orders or recommendations— an order that the councillor make a public apology, in the way decided by the conduct tribunal, for the conduct; an order reprimanding the councillor for the conduct; an order that the councillor attend training or counselling to address the councillor’s conduct, including at the expense of the councillor; an order that the councillor pay to the local government an amount that is not more than the monetary value of 50 penalty units; an order that the councillor reimburse the local government for all or some of the costs arising from the councillor’s misconduct or conduct breach (or both); an order that the councillor is not to act as the deputy mayor, the chairperson of the council under the City of Brisbane Act 2010 or the chairperson of a committee of the local government for the remainder of the councillor’s term; an order that the councillor is not to attend a stated number of local government meetings, up to a maximum of 3 meetings; an order that the councillor is removed, or must resign, from a position representing the local government, other than the office of councillor; The councillor is ordered to resign from an appointment representing the local government on a State board or committee. an order that the councillor forfeit an allowance, benefit, payment or privilege paid or provided to the councillor by the local government; an order that the councillor is to forfeit, for a stated period, access to equipment or a facility provided to the councillor by the local government; a recommendation to the Minister that the councillor be suspended from office for a stated period or from performing particular functions of the office; attending council meetings or offices representing the council at public functions a recommendation to the Minister that the councillor be dismissed from office. (sec.150AR-ssec.2) However, if the conduct tribunal decides under section 150AQ (1) (a) (i) that the councillor has engaged in misconduct and a conduct breach, the conduct tribunal, in deciding what action to take, must have regard to the action a local government could have taken under section 150AH in relation to a conduct breach. (sec.150AR-ssec.3) Also, if the conduct tribunal decides under section 150AQ (1) (a) (i) that the councillor has only engaged in a conduct breach, the conduct tribunal may only take the action a local government could have taken under section 150AH in relation to a conduct breach. (sec.150AR-ssec.4) A recommendation mentioned in subsection (1) (b) (xi) may include a recommendation about the details of the suspension, including, for example, whether the councillor should be remunerated during the period of the suspension. - (a) that no action be taken against the councillor; or - (b) to make 1 or more of the following orders or recommendations— (i) an order that the councillor make a public apology, in the way decided by the conduct tribunal, for the conduct; (ii) an order reprimanding the councillor for the conduct; (iii) an order that the councillor attend training or counselling to address the councillor’s conduct, including at the expense of the councillor; (iv) an order that the councillor pay to the local government an amount that is not more than the monetary value of 50 penalty units; (v) an order that the councillor reimburse the local government for all or some of the costs arising from the councillor’s misconduct or conduct breach (or both); (vi) an order that the councillor is not to act as the deputy mayor, the chairperson of the council under the City of Brisbane Act 2010 or the chairperson of a committee of the local government for the remainder of the councillor’s term; (vii) an order that the councillor is not to attend a stated number of local government meetings, up to a maximum of 3 meetings; (viii) an order that the councillor is removed, or must resign, from a position representing the local government, other than the office of councillor; Example— The councillor is ordered to resign from an appointment representing the local government on a State board or committee. (ix) an order that the councillor forfeit an allowance, benefit, payment or privilege paid or provided to the councillor by the local government; (x) an order that the councillor is to forfeit, for a stated period, access to equipment or a facility provided to the councillor by the local government; (xi) a recommendation to the Minister that the councillor be suspended from office for a stated period or from performing particular functions of the office; Examples of particular functions— • attending council meetings or offices • representing the council at public functions (xii) a recommendation to the Minister that the councillor be dismissed from office. - (i) an order that the councillor make a public apology, in the way decided by the conduct tribunal, for the conduct; - (ii) an order reprimanding the councillor for the conduct; - (iii) an order that the councillor attend training or counselling to address the councillor’s conduct, including at the expense of the councillor; - (iv) an order that the councillor pay to the local government an amount that is not more than the monetary value of 50 penalty units; - (v) an order that the councillor reimburse the local government for all or some of the costs arising from the councillor’s misconduct or conduct breach (or both); - (vi) an order that the councillor is not to act as the deputy mayor, the chairperson of the council under the City of Brisbane Act 2010 or the chairperson of a committee of the local government for the remainder of the councillor’s term; - (vii) an order that the councillor is not to attend a stated number of local government meetings, up to a maximum of 3 meetings; - (viii) an order that the councillor is removed, or must resign, from a position representing the local government, other than the office of councillor; Example— The councillor is ordered to resign from an appointment representing the local government on a State board or committee. - (ix) an order that the councillor forfeit an allowance, benefit, payment or privilege paid or provided to the councillor by the local government; - (x) an order that the councillor is to forfeit, for a stated period, access to equipment or a facility provided to the councillor by the local government; - (xi) a recommendation to the Minister that the councillor be suspended from office for a stated period or from performing particular functions of the office; Examples of particular functions— • attending council meetings or offices • representing the council at public functions - • attending council meetings or offices - • representing the council at public functions - (xii) a recommendation to the Minister that the councillor be dismissed from office. - (i) an order that the councillor make a public apology, in the way decided by the conduct tribunal, for the conduct; - (ii) an order reprimanding the councillor for the conduct; - (iii) an order that the councillor attend training or counselling to address the councillor’s conduct, including at the expense of the councillor; - (iv) an order that the councillor pay to the local government an amount that is not more than the monetary value of 50 penalty units; - (v) an order that the councillor reimburse the local government for all or some of the costs arising from the councillor’s misconduct or conduct breach (or both); - (vi) an order that the councillor is not to act as the deputy mayor, the chairperson of the council under the City of Brisbane Act 2010 or the chairperson of a committee of the local government for the remainder of the councillor’s term; - (vii) an order that the councillor is not to attend a stated number of local government meetings, up to a maximum of 3 meetings; - (viii) an order that the councillor is removed, or must resign, from a position representing the local government, other than the office of councillor; Example— The councillor is ordered to resign from an appointment representing the local government on a State board or committee. - (ix) an order that the councillor forfeit an allowance, benefit, payment or privilege paid or provided to the councillor by the local government; - (x) an order that the councillor is to forfeit, for a stated period, access to equipment or a facility provided to the councillor by the local government; - (xi) a recommendation to the Minister that the councillor be suspended from office for a stated period or from performing particular functions of the office; Examples of particular functions— • attending council meetings or offices • representing the council at public functions - • attending council meetings or offices - • representing the council at public functions - (xii) a recommendation to the Minister that the councillor be dismissed from office. - • attending council meetings or offices - • representing the council at public functions