LOCAL GOVERNMENT ACT 1989 - SECT 76C Councillor Code of Conduct
LOCAL GOVERNMENT ACT 1989 - SECT 76C
Councillor Code of ConductS. 76C(1) substituted by Nos 67/2008 s. 15(2), 53/2015 s. 15(1), repealed by No. 46/2016 s. 3(1).
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S. 76C(2) amended by No. 67/2008 s. 15(3), substituted by No. 53/2015 s. 15(1).
(2) A Council must, within the period of 4 months after a general election—
(a) call a special meeting solely for the purpose of reviewing the Councillor Code of Conduct; and
(b) at that special meeting, approve any amendments to be made to the Councillor Code of Conduct determined by the Council to be necessary following the review of the Councillor Code of Conduct.
S. 76C(3) amended by No. 67/2008 s. 15(4)(a).
(3) A Councillor Code of Conduct—
S. 76C(3)(a) substituted by Nos 67/2008 s. 15(4)(b), 53/2015 s. 15(2)(a).
(a) must include the internal resolution procedure for dealing with an alleged contravention of the Councillor Code of Conduct by a Councillor;
Note
Section 81AA provides for matters to be addressed by the internal resolution procedure of a Council.
S. 76C(3)(b) amended by No. 67/2008 s. 15(4)(c).
(b) may set out processes for the purpose of resolving an internal dispute between Councillors;
S. 76C(3)(c) repealed by No. 67/2008 s. 15(4)(d), new s. 76C(3)(c) inserted by No. 53/2015 s. 15(2)(b).
(c) must include any provisions prescribed for the purpose of this section;
S. 76C(3)(d) amended by No. 53/2015 s. 15(2)(c).
(d) must include provisions addressing any matters prescribed for the purpose of this section;
(e) may include any other matters relating to the conduct of Councillors which the Council considers appropriate.
S. 76C(4) repealed by No. 67/2008 s. 15(5).
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S. 76C(5) amended by No. 67/2008 s. 15(6).
(5) A Councillor Code of Conduct must not be inconsistent with any Act or regulation.
S. 76C(5A) inserted by No. 67/2008 s. 15(7).
(5A) A Councillor Code of Conduct is inoperative to the extent that it is inconsistent with any Act or regulation.
S. 76C(6) amended by No. 67/2008 s. 15(8).
(6) A copy of the current Councillor Code of Conduct must be—
(a) given to each Councillor;
S. 76C(6)(b) amended by No. 53/2015 s. 15(3)(a).
(b) available for inspection by the public at the Council office and any district offices;
S. 76C(6)(c) inserted by No. 53/2015 s. 15(3)(b).
(c) published on the Council's Internet website maintained under section 82A.
S. 76C(6A) inserted by No. 53/2015 s. 8, amended by No. 46/2016 s. 3(2).
(6A) Within one month of amendments to a Councillor Code of Conduct being approved in accordance with subsection (2), a Councillor must make a declaration stating that they will abide by the Councillor Code of Conduct.
S. 76C(6B) inserted by No. 53/2015 s. 8.
(6B) A declaration by a Councillor under subsection (6A) must be—
(a) in writing; and
(b) witnessed by the Chief Executive Officer.
S. 76C(7) inserted by No. 67/2008 s. 15(9), repealed by No. 53/2015 s. 15(4).
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S. 76D inserted by No. 67/2008 s. 16.