All complaints of suspected misconduct will be considered.

The department will assess and determine the appropriate process for dealing with each complaint of councillor misconduct. The preliminary assessment process will involve an identification of all the specific allegations contained in the complaint.

The department will then assess and refer complaints based on the nature of the complaint to the Crime and Misconduct Commission for official misconduct, the Local Government Remuneration and Discipline Tribunal for serious misconduct, the Regional Conduct Review Panels for less serious misconduct or the relevant local government for inappropriate conduct.

Inappropriate conduct

Is conduct that is not appropriate for a representative of a local government, but is not misconduct. Types of conduct that comprise inappropriate conduct include failing to comply with council procedures and behaving in an offensive or disorderly manner.

Inappropriate conduct is dealt with by the mayor of a local government however, if the allegation is regarding the mayor or deputy mayor, it will be referred to the department. Disciplinary options can include a reprimand or suspension from a council meeting.

Misconduct

Is conduct that affects the performance of a councillor’s duties. It represents a breach of trust, misuse of information or a failure to comply with the principles of the Local Government Act 2009.

Misconduct is conduct of a councillor that meets any of the following criteria:

• adversely affects the honest and impartial performance of the councillor’s responsibilities
• is a breach of the trust placed in the councillor
• is a misuse of information or material acquired by the councillor
• involves a failure by the councillor to notify council of alleged misconduct, material personal interest or conflict of interest of another councillor
• is a repeat case of inappropriate conduct.

Allegations of misconduct will primarily be heard and determined by the Regional Conduct Review Panels. However, more serious cases of misconduct will be heard by the Local Government Remuneration and Discipline Tribunal which has the power to recommend the dismissal of a councillor. Serious cases of misconduct are also considered official misconduct and will need to be referred to the Crime and Misconduct Commission in the first instance.

Who can report misconduct

Anybody has the right to report the suspected misconduct of a local government councillor. Chief executive officers of local government are legally obliged to report a complaint or deal with it as stated in the Act. Other employees of local government have a particular responsibility to report wrongdoing under their respective codes of conduct.

What is the importance of reporting misconduct?

The reporting of misconduct by local government councillors is important as it ensures that appropriate standards of conduct and performance are maintained. It also helps to ensure that appropriate investigative and corrective action is taken as soon as possible and that a councillor who engages in misconduct is disciplined appropriately.