2018-12-11 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   11 DECEMBER 2018




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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                               11 DECEMBER 2018

                                                                              ATTACHMENT 5

    | ¢ yy     NOOSA                                                         Council Policy
    mm MRO ele                                       COUNCILLOR COMPLAINT

    Corporate Plan Reference:                 ‘Excellence as a Council’
    Endorsed by Council:                      20 December 2018
    Policy Author:                            Director Executive Services

   COUNCIL POLICY

   1.   Authority
   This is Noosa Shire Council’s Investigation Policy for how complaints about the inappropriate
   conduct of Councillors will be dealt with as required by the section 150AE of the Local Government
   Act 2009 (the LGA). However, this policy does not relate to more serious Councillor conduct.
   2.   Commencement

   The investigation policy was adopted by Council resolution on 20 December 2018 and applies from
   that date.

   3.   Scope
   This Investigation Policy applies to investigations and determinations of a complaint about the
   alleged inappropriate conduct of a Councillor/s which has been referred by the Independent
   Assessor.
   4.   Confidentiality
   Matters of suspected inappropriate conduct of a Councillor are confidential except as otherwise
   specifically provided for either in the LGA or this Investigation Policy.
   Note: It must be kept in mind that the matter is an allegation only and not yet proven. Further, there
   will be circumstances where the detail of the referral will need to remain confidential to the Local
   Government. Any release of confidential information that a Councillor knows, or should reasonably
   know, to be confidential to the local government may be contrary to section 171(3) of the LGA and
   dealt with as misconduct.

   5.   Natural Justice

   Any investigation of suspected inappropriate conduct of a Councillor/s must be carried out in
   accordance with natural justice. An overview of the principles of natural justice follows.
   “Natural justice" or procedural fairness, refers to three key principles:
   e    the person being investigated has a chance to have his or her say before adverse formal
        findings are made and before any adverse action is taken (fair hearing)
   °    the investigator(s) should be objective and impartial (absence of bias), and
   e    any action taken is based on evidence (not suspicion or speculation).

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