133Removal of member from office

133 Removal of member from office (1) If a member of a council is convicted of an offence under this Act or another Act demonstrating that the member to be unfit to remain in office, a person may apply to NTCAT to determine whether the member, once convicted, is unfit to remain in office. (2) The applicant must: (a) reside in the same local government area as the member; and (b) be registered to vote in the local government area. (3) NTCAT must consider the following in determining whether the member is unfit to remain in office: (a) whether the nature and details of the offence makes the member unfit to remain in office; (b) the member's role as a community representative; (c) the member's position of influence and trust; (d) the member's responsibility for managing public funds. (4) If NTCAT determines the member has been convicted of an offence that demonstrates that the member is unfit to remain in office, NTCAT may dismiss the member from office.

Local Government Act 2019 79 (5) If NTCAT dismisses the member under subsection (4), NTCAT may disqualify the person from holding office as a council member for a period of up to 5 years. (6) NTCAT must, in writing, notify the Electoral Commissioner if it decides the following: (a) dismisses a member under subsection (4); (b) disqualifies the person from holding office under subsection (5).

Local Government Act 2019 80