2019-08-06 S&O Agenda - Item 6 - Attachment 2 - Draft New Standing Orders for Noosa Council

40.7 If the Councillor still continues to fail to comply with the Chairperson’s request for remedial
     actions, the Chairperson may make one or more of the orders below:
       a) an order reprimanding the Councillor for the conduct
       b) an order requiring the Councillor to leave the meeting, including any area set aside for the
          public and stay out for the duration of the meeting3.
40.8 If the Councillor fails to comply with an order to leave and stay away from the meeting, the
     Chairperson can issue an order that the Councillor be removed from the meeting by an
     appropriate officer. The meeting must be adjourned whilst the Councillor is being removed.4
40.9 Following the completion of the meeting, the Chairperson must ensure:
       a)     details of any order issued is recorded in the minutes of the meeting5
       b)     if it is the third (3rd) or more order within a 12-month period made against a Councillor or
              the Councillor has refused to leave following an order issued to leave the meeting, these
              matters are to be dealt with at the next meeting of the Local Government and treated as
              inappropriate conduct pursuant to the LGA6
       c)     the Local Government’s Chief Executive Officer is advised to ensure details of any order
              made must be updated in the Local Governments Councillor Conduct Register pursuant
              to the LGA.
40.10 Any Councillor aggrieved with an order issued by the Chairperson can move a motion of
     dissent for parts 40.1, 40.7 and 40.8.


41. Meeting Process for Dealing with Suspected Inappropriate Conduct
    which has been Referred to a Local Government
41.1 Pursuant to section 150AF of the Local Government Act, after receiving a referral by the
     Independent Assessor or under paragraph 40.9 b) of this document of an instance of
     suspected inappropriate conduct, the Local Government must complete an investigation into
     the alleged conduct.
41.2 After the completion of the investigation, the Local Government must decide whether the
     Councillor has engaged in inappropriate conduct in a Council meeting, unless it has delegated
     responsibility for this decision under section 257 of the Local Government Act.
41.3 When dealing with an instance of suspected inappropriate conduct which has been referred to
     a Local Government by the Independent Assessor, the Local Government must:
       a)     Be consistent with the Local Government principle of transparent and accountable
              decision making in the public interest, by dealing with suspected inappropriate conduct
              in an open meeting of the Council. Where the complainant or other parties may be
              adversely affected due to the nature of the complaint, the Council may resolve to go into
              closed session under section 275 of the Local Government Regulation 2012.
       b)     When deliberating on the issue the subject Councillor must leave the place where the
              meeting is being held, including any area set aside for the public. Should the complainant
              be a Councillor, that Councillor must inform the meeting of a personal interest and follow
              the conflict of interest procedures in Section 21.
       c)     The Local Government should then debate the issue and decide whether the accused
              Councillor engaged in inappropriate conduct.




3 Section 150I(2) of the LGA
4 Section 150I(2)(c) of the LGA
5 Section 150I(3) of the LGA
6 Section 150J of the LGA



Standing Orders for Council Meetings                                                             Page 20