sec.150SDPreliminary assessment of complaints, notices or information

### sec.150SD Preliminary assessment of complaints, notices or information The assessor must make a preliminary assessment of the complaint, notice or information. On the completion of the preliminary assessment, the assessor must dismiss the complaint or decide to take no further action for the notice or information if the assessor is satisfied that— dealing with the complaint, notice or information would not be in the public interest; or the complaint, notice or information was not made or given within the period required under section 150SB , unless— the conduct the subject of the complaint, notice or information is suspected corrupt conduct; or the complaint, notice or information was not given within the period because of exceptional circumstances; or the conduct the subject of the complaint, notice or information— was engaged in by the councillor to comply with, honestly and without negligence, a guideline made by the department’s chief executive; or relates solely to behaviour engaged in by the councillor in a personal capacity unless the conduct is suspected corrupt conduct; or clearly does not constitute a conduct breach or misconduct; or the office of the councillor is vacated, unless the conduct is suspected corrupt conduct; or for a complaint—the person who made the complaint is the subject of a declaration under section 150AWA , and the complaint is not permitted under a condition of the declaration or under section 150AWC . Also, on the completion of the assessment, the assessor may dismiss the complaint or decide to take no further action for the notice or information if the assessor is satisfied— the conduct has already been, is being, or may be dealt with by another entity; or the complaint, notice or information— is frivolous or vexatious; or was made other than in good faith; or a complaint made for a mischievous purpose or maliciously lacks substance or credibility; or dealing with the complaint, notice or information would be an unjustifiable use of resources; or for a suspected conduct breach—at least 6 months have elapsed since the conduct the subject of the complaint, notice or information occurred, and it would not be in the public interest to take action under this part; or there is insufficient information to properly make a preliminary assessment of the complaint, notice or information. If subsection (2) does not apply or the assessor does not, under subsection (3) , dismiss or decide to take no further action for the complaint, notice or information, the assessor must decide— if the assessor reasonably suspects the conduct the subject of the complaint, notice or information is a conduct breach—to refer the suspected conduct breach to the local government to deal with; or to investigate the conduct of the councillor; or not to deal with the complaint, notice or information and make any recommendation the assessor considers appropriate, including, for example, that the councillor attend training, counselling or mediation. Without limiting the matters the assessor may consider in making a preliminary assessment, the assessor may have regard to the following— any reasons for, or factors relevant to, the conduct; whether or not any training relating to the conduct has been completed by the councillor the Aboriginal traditions or Island customs of the councillor any steps taken by the councillor to mitigate or remedy the effects of the conduct; the consequences, both financial and non-financial, resulting from the conduct. s 150SD ins 2023 No. 30 s 46 amd 2026 No. 5 s 85 (uncommenced amendment) (sec.150SD-ssec.1) The assessor must make a preliminary assessment of the complaint, notice or information. (sec.150SD-ssec.2) On the completion of the preliminary assessment, the assessor must dismiss the complaint or decide to take no further action for the notice or information if the assessor is satisfied that— dealing with the complaint, notice or information would not be in the public interest; or the complaint, notice or information was not made or given within the period required under section 150SB , unless— the conduct the subject of the complaint, notice or information is suspected corrupt conduct; or the complaint, notice or information was not given within the period because of exceptional circumstances; or the conduct the subject of the complaint, notice or information— was engaged in by the councillor to comply with, honestly and without negligence, a guideline made by the department’s chief executive; or relates solely to behaviour engaged in by the councillor in a personal capacity unless the conduct is suspected corrupt conduct; or clearly does not constitute a conduct breach or misconduct; or the office of the councillor is vacated, unless the conduct is suspected corrupt conduct; or for a complaint—the person who made the complaint is the subject of a declaration under section 150AWA , and the complaint is not permitted under a condition of the declaration or under section 150AWC . (sec.150SD-ssec.3) Also, on the completion of the assessment, the assessor may dismiss the complaint or decide to take no further action for the notice or information if the assessor is satisfied— the conduct has already been, is being, or may be dealt with by another entity; or the complaint, notice or information— is frivolous or vexatious; or was made other than in good faith; or a complaint made for a mischievous purpose or maliciously lacks substance or credibility; or dealing with the complaint, notice or information would be an unjustifiable use of resources; or for a suspected conduct breach—at least 6 months have elapsed since the conduct the subject of the complaint, notice or information occurred, and it would not be in the public interest to take action under this part; or there is insufficient information to properly make a preliminary assessment of the complaint, notice or information. (sec.150SD-ssec.4) If subsection (2) does not apply or the assessor does not, under subsection (3) , dismiss or decide to take no further action for the complaint, notice or information, the assessor must decide— if the assessor reasonably suspects the conduct the subject of the complaint, notice or information is a conduct breach—to refer the suspected conduct breach to the local government to deal with; or to investigate the conduct of the councillor; or not to deal with the complaint, notice or information and make any recommendation the assessor considers appropriate, including, for example, that the councillor attend training, counselling or mediation. (sec.150SD-ssec.5) Without limiting the matters the assessor may consider in making a preliminary assessment, the assessor may have regard to the following— any reasons for, or factors relevant to, the conduct; whether or not any training relating to the conduct has been completed by the councillor the Aboriginal traditions or Island customs of the councillor any steps taken by the councillor to mitigate or remedy the effects of the conduct; the consequences, both financial and non-financial, resulting from the conduct. - (a) dealing with the complaint, notice or information would not be in the public interest; or - (b) the complaint, notice or information was not made or given within the period required under section 150SB , unless— (i) the conduct the subject of the complaint, notice or information is suspected corrupt conduct; or (ii) the complaint, notice or information was not given within the period because of exceptional circumstances; or - (i) the conduct the subject of the complaint, notice or information is suspected corrupt conduct; or - (ii) the complaint, notice or information was not given within the period because of exceptional circumstances; or - (c) the conduct the subject of the complaint, notice or information— (i) was engaged in by the councillor to comply with, honestly and without negligence, a guideline made by the department’s chief executive; or (ii) relates solely to behaviour engaged in by the councillor in a personal capacity unless the conduct is suspected corrupt conduct; or (iii) clearly does not constitute a conduct breach or misconduct; or - (i) was engaged in by the councillor to comply with, honestly and without negligence, a guideline made by the department’s chief executive; or - (ii) relates solely to behaviour engaged in by the councillor in a personal capacity unless the conduct is suspected corrupt conduct; or - (iii) clearly does not constitute a conduct breach or misconduct; or - (d) the office of the councillor is vacated, unless the conduct is suspected corrupt conduct; or - (e) for a complaint—the person who made the complaint is the subject of a declaration under section 150AWA , and the complaint is not permitted under a condition of the declaration or under section 150AWC . - (i) the conduct the subject of the complaint, notice or information is suspected corrupt conduct; or - (ii) the complaint, notice or information was not given within the period because of exceptional circumstances; or - (i) was engaged in by the councillor to comply with, honestly and without negligence, a guideline made by the department’s chief executive; or - (ii) relates solely to behaviour engaged in by the councillor in a personal capacity unless the conduct is suspected corrupt conduct; or - (iii) clearly does not constitute a conduct breach or misconduct; or - (a) the conduct has already been, is being, or may be dealt with by another entity; or - (b) the complaint, notice or information— (i) is frivolous or vexatious; or (ii) was made other than in good faith; or Example for paragraph (b) (ii) — a complaint made for a mischievous purpose or maliciously (iii) lacks substance or credibility; or - (i) is frivolous or vexatious; or - (ii) was made other than in good faith; or Example for paragraph (b) (ii) — a complaint made for a mischievous purpose or maliciously - (iii) lacks substance or credibility; or - (c) dealing with the complaint, notice or information would be an unjustifiable use of resources; or - (d) for a suspected conduct breach—at least 6 months have elapsed since the conduct the subject of the complaint, notice or information occurred, and it would not be in the public interest to take action under this part; or - (e) there is insufficient information to properly make a preliminary assessment of the complaint, notice or information. - (i) is frivolous or vexatious; or - (ii) was made other than in good faith; or Example for paragraph (b) (ii) — a complaint made for a mischievous purpose or maliciously - (iii) lacks substance or credibility; or - (a) if the assessor reasonably suspects the conduct the subject of the complaint, notice or information is a conduct breach—to refer the suspected conduct breach to the local government to deal with; or - (b) to investigate the conduct of the councillor; or - (c) not to deal with the complaint, notice or information and make any recommendation the assessor considers appropriate, including, for example, that the councillor attend training, counselling or mediation. - (a) any reasons for, or factors relevant to, the conduct; Examples for paragraph (a) — • whether or not any training relating to the conduct has been completed by the councillor • the Aboriginal traditions or Island customs of the councillor - • whether or not any training relating to the conduct has been completed by the councillor - • the Aboriginal traditions or Island customs of the councillor - (b) any steps taken by the councillor to mitigate or remedy the effects of the conduct; - (c) the consequences, both financial and non-financial, resulting from the conduct. - • whether or not any training relating to the conduct has been completed by the councillor - • the Aboriginal traditions or Island customs of the councillor