174Immunity

174 Immunity (1) A member of a Councillor Conduct Panel under this Act is not personally liable for anything done or omitted to be done in good faith— (b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act. (2) Any liability resulting from an act or omission that would but for subsection (1) attach to a member of a Councillor Conduct Panel attaches to the Council. Part 7—Ministerial oversight Division 1—Governance directions 175 Minister may give direction (1) The Minister may in writing direct the Council to amend, discontinue, replace or report on its governance processes and policies if— (a) a person or body specified in subsection (2)(b) has advised the Minister that those governance processes and policies require improvement; and (b) the Minister is satisfied that those governance processes and policies require improvement. (2) Without limiting the generality of subsection (1), the Minister may, in relation to any requirement that applies to a Council under this Act, direct the Council to do any or all of the following— (a) adopt a good practice guideline issued by the Minister under section 87; (b) adopt any recommendation made, or take any action recommended, by— (i) a Municipal Monitor; or (ii) the Chief Municipal Inspector; or (iii) a Commission of Inquiry; or (iv) the Ombudsman; or (v) the IBAC. (3) If the Minister considers that it is necessary or appropriate in the public interest to do so, the Minister may, by a written direction, direct a Council to prepare and submit to the Minister within the period of 4 weeks after the direction is given to the Council— (a) financial statements in respect of any part of the financial year as specified in the direction; and (b) any other information relating to the financial status of the Council as specified in the direction. (4) Subject to subsection (5), the Minister may by a written direction, on the recommendation of a Municipal Monitor, the Chief Municipal Inspector, a Commission of Inquiry, the Ombudsman or the IBAC, direct a Council— (a) not to employ a new Chief Executive Officer; or (b) not to re-employ a Chief Executive Officer. (5) The Minister must not give a direction under subsection (4) unless the Minister is satisfied on reasonable grounds that the employment or re‑employment of the Chief Executive Officer could result in— (a) a failure by the Council to provide good governance; or (b) the Council acting unlawfully. (6) Any contract entered into by a Council or Chief Executive Officer in contravention of a written direction under subsection (4) is void. (7) A written direction under this section must be complied with.