147Sanctions that may be imposed by an arbiter on finding of misconduct

147 Sanctions that may be imposed by an arbiter on finding of misconduct S. 147(1) amended by Nos 30/2022 s. 24, 23/2024 s. 57(1). (1) If after completing the internal arbitration process, the arbiter determines that a Councillor has failed to comply with the Model Councillor Code of Conduct, the arbiter may make a finding of misconduct against the Councillor. (2) If an arbiter has made a finding of misconduct against a Councillor, the arbiter may do any one or more of the following— (a) direct the Councillor to make an apology in a form or manner specified by the arbiter; S. 147(2)(b) amended by No. 23/2024 s. 57(2)(a). (b) suspend the Councillor from the office of Councillor for a period specified by the arbiter not exceeding 3 months; (c) direct that the Councillor be removed from any position where the Councillor represents the Council for the period determined by the arbiter; (d) direct that the Councillor is removed from being the chair of a delegated committee for the period determined by the arbiter; S. 147(2)(e) amended by No. 23/2024 s. 57(2)(b). (e) direct a Councillor to attend or undergo training or counselling specified by the arbiter; S. 147(2)(f) inserted by No. 23/2024 s. 57(2)(c). (f) direct that the Councillor is not to attend or participate in a Council meeting specified by the arbiter that occurs after the meeting at which the decision and statement of reasons are tabled under subsection (4); S. 147(2)(g) inserted by No. 23/2024 s. 57(2)(c). (g) direct that the Councillor is ineligible to hold the office of Mayor or Deputy Mayor for a period specified by the arbiter not exceeding 12 months. (3) The arbiter must provide a written copy of the arbiter's decision and statement of reasons to— (a) the Council; and (b) the applicant or applicants; and (c) the respondent; and S. 147(4) substituted by No. 23/2024 s. 57(3). (4) Subject to subsection (5), a copy of the arbiter's decision and statement of reasons received by the Council under subsection (3) must be tabled at and recorded in the minutes of— (a) a Council meeting specified by the arbiter; or (b) if no Council meeting is specified by the arbiter, the next Council meeting after the Council receives a copy of the decision and statement. (5) If the arbiter's decision and statement of reasons contains any confidential information, the confidential information must be redacted from the copy tabled under subsection (4). S. 147AA inserted by No. 23/2024 s. 11. 147AA Suspension of matters during election period (1) Applications made and internal arbitration processes conducted under this Division must be suspended during the election period for a general election. (2) If an application is made for an internal arbitration process to make a finding of misconduct against a person who is a Councillor before a general election, and the person is not returned to the office of Councillor as a result of the general election, the application lapses. (3) If an application is made for an internal arbitration process to make a finding of misconduct against a person who is a Councillor before a general election, and the person is returned to the office of Councillor as a result of the general election— (a) the suspension of the application ends; and (b) the application must be dealt with under this Division whether or not any applicant who is a Councillor before the general election is returned to the office of Councillor as a result of the general election. S. 147A inserted by No. 30/2022 s. 25.