28ZXOrders of the Tasmanian Civil and Administrative Tribunal

28ZX Orders of the Tasmanian Civil and Administrative Tribunal

(1)  If, after hearing an application under this Division in respect of a councillor, the Tasmanian Civil and Administrative Tribunal determines that a councillor has engaged in serious councillor misconduct, the Tribunal may make a finding of serious misconduct against the councillor and may make any one or more of the following orders:

(a) cautioning or reprimanding the councillor;

(b) requiring the councillor to apologise to the complainant or other person affected by the contravention of the code of conduct, in the manner and form specified by the Tribunal;

(c) requiring the councillor to participate in counselling or undertake a training course;

(d) prohibiting the councillor from nominating as a candidate at any ordinary election or by-election for a period not exceeding 4 years;

(e) dismissing the councillor from office;

(f) suspending the councillor from office for a period of not less than 3 months but not more than 6 months;

(g) imposing on the councillor a fine not exceeding an amount equivalent to 50 penalty units.

(2)  If the Tasmanian Civil and Administrative Tribunal makes a finding of serious misconduct against a councillor, it may make an order that all or any of the costs of proceedings be paid by the councillor and in making such an order must take into account the nature and severity of the misconduct.

(3)  If, after hearing an application under this Division in respect of a councillor, the Tasmanian Civil and Administrative Tribunal determines that the councillor has not engaged in serious councillor misconduct but has contravened the code of conduct, the Tribunal may make a finding of misconduct against the councillor and may make any one or more of the following orders:

(a) cautioning or reprimanding the councillor;

(b) requiring the councillor to apologise to the complainant or other person affected by the contravention of the code of conduct, in the manner and form specified by the Tribunal;

(c) requiring the councillor to attend counselling or a training course;