2018-06-12 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   12 JUNE 2018




                                                   Page 75 of 118

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                                      12 JUNE 2018

           ORGANISATIONAL PROCEDURE - ADMINISTRATION ACTION COMPLAINTS PROCESS

            DEFINITIONS

           Administrative action complaint is a complaint that —
            (a) is about an administrative action of a local government, including the following, for
               example —
                   (i) a decision, or a failure to make a decision, including a failure to provide a
                      written statement of reasons for a decision;
                   (ii) an act, or a failure to do an act;
                   (iii) the formulation of a proposal or intention;
                   (iv) the making of a recommendation; and
                   (b) is made by the affected person.

           Affected person refers to any person who is apparently affected by.an administrative action
            of Noosa Council.
            CEO refers to the Chief Executive Officer of the Council.

            Complainant refers to the affected person or organisation making a complaint.
            Complaint means an expression of dissatisfaction by a person regarding an administrative action
            of Council

            Corrupt conduct means conduct of a person, regardless of whether the person holds or held an
            appointment, that —
            (a) Adversely affects, or could adversely affect, directly or indirectly, the performance of functions
               or the exercise of powers of —
               (i)    A unit of public administration;.or
              (ii)    A person holding an appointment; and
            (b) Results, or could result, directly.or indirectly, in. the performance of functions or the exercise of
               powers mentioned in paragraph (a).in a way that —
              (i)      Is not honest or is not impartial; or
              (ii)     Involves a breach of trust placed in a person holding an appointment, either knowingly
                      or recklessly; or
              (iii)    Involves a misuse of information or material acquired in or in connection with the
                      performanceof functions or the exercise of powers of a person holding an appointment;
                      and
            (c) Is engaged in for the purpose of providing a benefit to the person or another person or causing
               a detriment to another person; and
            (d) Would, if provided, be —
               (i)    A criminal offence; or
              (ii)    A disciplinary breach providing reasonable grounds for terming the person’s services, if
                      the person is or were the holder of an appointment.
            Fair and objective means that complaints are considered on their merits and addressed in an
            unbiased and equitable manner, the principles of natural justice are observed and complainants
           will not suffer any reprisal from Council.
            Maladministration is defined in schedule 4 of the Public Interest Disclosure Act 2010,
            maladministration is administrative action that —

            (a) Was taken contrary to law; or

                                                                                                     Page 12

                                                                                                     Page 75 of 118