28ZRSerious councillor misconduct

28ZR Serious councillor misconduct

(1)  For the purposes of this Act, serious councillor misconduct means conduct, or an attempt to engage in conduct, by a councillor that is or involves a serious or significant contravention of the code of conduct.

(2)  For the purposes of subsection (1), a decision-maker is to have regard to the following when determining whether conduct, or an attempt to engage in conduct, by a councillor constitutes a serious or significant contravention of the code of conduct:

(a) whether the conduct is unlawful;

(b) the extent of any actual or potential harm or risk, caused as a consequence of the conduct, to an individual, the council or public safety;

(c) the degree to which the conduct impacts negatively on the ability of the relevant council to perform its functions under this or any other Act;

(d) whether the conduct involves –

(i) deliberate and intentional misuse of council resources, information, or authority, for personal gain; or

(ii) undue influence on, or detriment to, the council, community or a community member;

(e) the nature and extent of any material benefit or detriment derived by the councillor or others as a result of the conduct;

(f) whether the conduct is part of a repeated pattern of contraventions or involves collusion with others, and the councillor’s role in such collusion;

(g) such other public interest considerations that the relevant decision-maker considers relevant.