2002
2002
2003-07-22
act
publicspecial
act.reprint
allinforce
2002-05-28
2003-07-22
act-2003-040
none
act-2002-019
062d1b3c-15ee-4c96-85e8-b82f6feebddd
a80919d7-2577-42b5-b605-067af5780758
Note—
The Act was repealed by the Statute Law (Miscellaneous Provisions) Act 2003
No 40, Sch 3 with effect from 22.7.2003.
An Act to amend the Local
Government Act 1993 to enable prompt action to be taken
against councils, councillors and council staff involved in serious corrupt
conduct; to amend the Independent Commission Against
Corruption Act 1988; and for other
purposes.
1Name of
Act
This Act is the Local Government
Amendment (Anti-Corruption) Act
2002.
2Commencement
This Act commences on the date of
assent.
3Amendment of Local Government Act 1993 No
30
The Local Government
Act 1993 is amended as set out in Schedule
1.
4Amendment of Independent Commission Against Corruption Act
1988 No 35
The Independent
Commission Against Corruption Act 1988 is amended as set
out in Schedule 2.
Schedule 1Amendment of Local Government Act
1993
(Section 3)
[1]Section 255 Governor may
dismiss mayor and councillors
Insert at the end of the section:
(2)
The Governor may, by proclamation, declare all
civic offices in relation to a council to be vacant if the Independent
Commission Against Corruption, in a report referred to in section 74C of the
Independent Commission Against Corruption Act
1988, recommends that consideration be given to the making
of such a declaration because of systemic corruption within the
council.
(3)
If the Independent Commission Against Corruption
makes such a recommendation, all civic offices in relation to the council may
be declared vacant under subsection (2) without the holding of a public or
other inquiry concerning the council. However, the making of such a
recommendation does not preclude the holding of a public or other
inquiry.
[2]Section 329 Can the holder of
a civic officer be dismissed?
Insert “or by a decision of the Governor
under section 440B” after “section 482” in section 329
(5).
[3]Chapter 14, Part 1, Division
heading
Insert before section 439:
Division 1Conduct
generally
[4]Chapter 14, Part 1, Division
2
Insert after section 440:
Division 2Serious corrupt
conduct
440ADefinition of “serious
corrupt conduct”
In this Division:
serious
corrupt conduct means corrupt conduct (within the meaning of
the Independent Commission Against Corruption Act
1988) that may constitute a serious indictable offence,
being:
(a)
in the case of conduct of the holder of a civic
office—conduct in connection with the exercise or purported exercise of
the functions of the civic office, or
(b)
in the case of conduct of a member of staff of a
council—conduct in connection with exercise or purported exercise of the
duties of the member of staff.
440BDismissal from civic office
for serious corrupt conduct
(1)
The Governor may dismiss a person from civic
office and disqualify the person from holding civic office for a period not
exceeding 5 years if:
(a)
the Independent Commission Against Corruption, in
a report referred to in section 74C of the Independent
Commission Against Corruption Act 1988, recommends that
consideration be given to the suspension of the person from office with a view
to his or her dismissal for serious corrupt conduct, and
(b)
the person is suspended from the civic office by
the Minister under this Division, and
(c)
the Minister advises the Governor that the
dismissal of the person is necessary in order to protect the public standing
of the council concerned and the proper exercise of its
functions.
(2)
Before advising the Governor on a dismissal, the
Minister is to give the person a reasonable opportunity to show cause why he
or she should not be dismissed from civic office.
440CTemporary suspension from
civic office for serious corrupt conduct
(1)
The Minister may, without notice or inquiry,
suspend a person from civic office:
(a)
if the Independent Commission Against Corruption,
in a report referred to in section 74C of the Independent
Commission Against Corruption Act 1988, recommends that
consideration be given to the suspension of the person from office with a view
to his or her dismissal for serious corrupt conduct, or
(b)
if criminal proceedings for serious corrupt
conduct are instituted against the person, or
(c)
if the person makes an admission of serious
corrupt conduct.
(2)
A person, while suspended from civic office under
this section:
(a)
is not entitled to exercise any of the functions
of the civic office, and
(b)
is not entitled to any fee or other remuneration
to which the person would otherwise be entitled as the holder of the civic
office.
(3)
A suspension under this section may be removed by
the Minister at any time.
(4)
A suspension under this section is removed in the
following circumstances:
(a)
if the person is not dismissed from civic office,
or criminal proceedings in connection with the serious corrupt conduct are not
instituted, within 6 months after the suspension,
(b)
in the case of a person against whom criminal
proceedings are instituted in connection with the serious corrupt
conduct—if the proceedings are withdrawn or
dismissed.
(5)
If a suspension is removed, any fee or other
remuneration withheld may (if the Minister so directs) be subsequently paid to
the person concerned.
440DTemporary suspension of staff
in connection with serious corrupt conduct
(1)
The general manager may suspend a member of staff
of a council from duty:
(a)
if the Independent Commission Against Corruption,
in a report referred to in section 74C of the Independent
Commission Against Corruption Act 1988, recommends that
consideration be given to the suspension of the member of staff from duty with
a view to the institution of disciplinary or other proceedings against the
member of staff for serious corrupt conduct, or
(b)
if criminal proceedings for serious corrupt
conduct are instituted against the member of staff, or
(c)
if the member of staff makes an admission of
serious corrupt conduct.
(2)
If the general manager so directs, a member of
staff, while suspended from duty under this section, is not entitled to any
salary or other remuneration to which the person would otherwise be entitled
as a member of staff.
(3)
A suspension under this section may be removed by
the general manager at any time.
(4)
A suspension under this section is removed in the
following circumstances:
(a)
if disciplinary or criminal proceedings in
connection with the serious corrupt conduct are not instituted within 6 months
after the suspension,
(b)
in the case of a member of staff against whom
disciplinary or criminal proceedings are instituted in connection with the
serious corrupt conduct—if the proceedings are withdrawn or
dismissed.
(5)
If a suspension is removed, any salary or other
remuneration withheld may (if the general manager so directs) be subsequently
paid to the member of staff.
(6)
The Minister may exercise the functions of the
general manager under this section in connection with:
(a)
conduct of a general manager,
or
(b)
conduct of any other member of staff (but only if
the Minister is satisfied that the general manager has failed to act under
this section without reasonable cause).
(7)
This section does not limit any other power to
suspend a member of staff from duty.
440EApplication of
Division
This Division applies to serious corrupt conduct,
and to criminal proceedings instituted or admissions made in respect of
serious corrupt conduct, before or after the commencement of this
Division.
[5]Schedule 8 Savings,
transitional and other provisions consequent on the enactment of other
Acts
Insert at the end of clause 1 (1):
Local Government
Amendment (Anti-Corruption) Act
2002
Schedule 2Amendment of Independent Commission Against Corruption Act
1988
(Section 4)
Section
74C
Insert after section 74B:
74CReports relating to dismissal
of local government authorities, councillors and staff
(1)
The Commission is authorised to include in a
report under section 74 a recommendation that consideration be given to the
making of a proclamation under the Local Government
Act 1993 that all civic offices in relation to a local
government authority be declared vacant if the Commission is of the opinion
that systemic corruption exists within the local government
authority.
(2)
The Commission is authorised to include in a
report under section 74 a recommendation that consideration be given to the
suspension of a councillor from civic office under the Local
Government Act 1993 with a view to his or her dismissal
for serious corrupt conduct.
(3)
The Commission is authorised to include in a
report under section 74 a recommendation that consideration be given to the
suspension from duty of a member of the staff of a local government authority
with a view to the institution of disciplinary or criminal proceedings against
the member of staff for serious corrupt conduct.
(4)
The Commission is not to make a recommendation
under this section unless the Commission is of the opinion that prompt action
is required in the public interest.
(5)
This section does not limit any other
recommendation that the Commission is authorised to include in a report under
section 74 in relation to a local government authority, councillor or member
of staff.
(6)
This section extends to a report in relation to a
matter that has been the subject of an investigation conducted before the
commencement of this section.
Historical
notes
Table of amending
instruments
Local Government
Amendment (Anti-Corruption) Act 2002 No 19. Second reading
speech made: Legislative Assembly, 28.5.2002; Legislative Council, 13.6.2002.
Assented to 17.6.2002. Date of commencement, assent, sec
2.