16Sections 28ZHA and 28ZHB inserted

16 Sections 28ZHA and 28ZHB inserted

After section 28ZH of the Principal Act , the following sections are inserted in Subdivision 3:

28ZHA.   Referral of code of conduct complaint to Director

The investigating Panel for a code of conduct complaint may, at any time, refer a code of conduct complaint, or part of it, to the Director if the investigating Panel reasonably considers that the complaint includes conduct that is capable of amounting to serious councillor misconduct.

28ZHB.   Referral of code of conduct complaint to other persons or authorities

(1)  The investigating Panel for a code of conduct complaint may, at any time during the investigation of the complaint, refer the complaint, or part of the complaint, to a person or other authority that the investigating Panel considers appropriate if the investigating Panel reasonably considers that –

(a) the complaint discloses that an offence may have been committed; or

(b) the complaint would be more appropriately dealt with by that person or authority.

(2)  A person or other authority to whom a code of conduct complaint is referred under subsection (1) –

(a) may accept or refuse the referral; and

(b) must notify the investigating Panel for the code of conduct complaint of that acceptance or refusal within 28 days after receiving the referral.

(3)  If the person or other authority to whom the code of conduct complaint is referred does not notify the investigating Panel as required by subsection (2)(b), the person or authority is taken to have accepted the referral.

(4)  If the person or other authority accepts the referral, the complaint, or the part of the complaint referred, ceases to be a code of conduct complaint.

(5)  If the person or other authority refuses the referral, the investigating Panel for the code of conduct complaint may continue its investigation of the complaint or part of the complaint.