2015-03-31 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   31 MARCH 2015




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COUNCIL POLICY - COMPLAINTS ABOUT THE PUBLIC OFFICIAL

POLICY APPLICATION
This policy applies:
°     If there are grounds to suspect that a complaint may involve corrupt conduct of the CEO of the
      Council.
e     To all persons who hold an appointment in, or are employees® of, the Council.
For the purpose of this policy a complaint includes information or matter’.

NOMINATED PERSON
Having regard to s48A(2) and (3) of the CC Act, this policy nominates the Mayor as the nominated
person to notify® the Crime and Corruption Commission (CCC) of the complaint and to deal with the
complaint under the CC Act.®
The CC Act applies as if a reference about notifying or dealing with the complaint to the CEO is a
reference to the Mayor’.

COMPLAINTS ABOUT THE CEO
Where a complaint may involve an allegation of corrupt conduct of the CEO, the complaint may be
reported to the Mayor or a person to whom there is an obligation to report under an Act® (this does not
include an obligation imposed by ss37, 38 and 39(1) of the CC Act).
If there is uncertainty about whether or not a complaint should be reported, Councihemployees should
report the conduct to the Mayor.
If the Mayor reasonably suspects the complaint may involve corrupt conduct of the CEO, the Mayor
will:
e   Notify the CCC of the complaint®; and
e   Deal with the complaint, subject to the CCC’s monitoring role; when —
    -    directions issued under s40 apply to the complaint, if any, or
    -    pursuant to s46, the GCC refers the complaint to the Mayor to deal with"®.

If the CEO reasonably suspects that the complaint,may involve corrupt conduct on their part, the CEO
must:
e   Report the. complaint to the.nominated person as soon as practicable and may also notify the
    CCC, and
e   Take no further action to deal with the complaint unless requested to do so by the Mayor.

Where directions are issued under s40 of the CC Act:
e   The Mayor is to deal withthe complaint.
e   The CEO is to take no further action to deal with the complaint unless requested to do so by the
    Mayor.

8      S 199 Local Government Act 2009 and definitions above
4      Examples of information or matter involving corruption that may be given to the commission can be
       found  in s36(5) of the CC Act
°      Under ss37 or 38 of the CC Act
6      Under Chapter 2, Part 3, Division 4, Subdivisions 1 & 2 of the CC Act
’      See s48A(3) CC Act
8      See $39(2) of the CC Act
8      Under ss37 or 38, subject to s40 of the CC Act
       Under ss41 and 42 and/or ss43 and 44 of the CC Act
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