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2020-05-18 General Committee Agenda

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Furthermore, a Councillor may not request information or a document that:
°     Is a record of the Councillor Conduct Tribunal; or that was a record of a former conduct review
      body; or
°     If disclosure of the information or document to the Councillor would be contrary to an order of
      a court or tribunal; or
°     Would be privileged from production in a legal proceeding on the ground of legal professional
      privilege.

ROLES AND RESPONSIBILITIES

This policy applies to the councillors of the Noosa Shire Council. With regard to the application of
these Guidelines to the Mayor, section 12 (4) of the Act is noted wherein the Mayor is given extra
local government responsibilities.
Furthermore, a complaint about the failure to comply with these Guidelines by a Councillor may be
considered inappropriate conduct in accordance with section 150K of the Act and will be referred to
the Assessor.

RELEVANT LEGISLATION
Local Government Act 2009:

Section 12 — Responsibilities of Councillors
Section 13 — Responsibilities of local government employees Section 170 — Giving directions to local
government staff Section 170A — Requests for assistance or information Section 171 — Use of
information by Councillors
Section 171A — Prohibited conduct by Councillor in possession of inside information Section 200 —
Use of information by local government employees
Local Government Regulation 2012
RELEVANT COUNCIL POLICIES
Council Councillor Code of Conduct
Noosa Council Employee Code of Conduct
Councillors’ Expenses Reimbursement and Provision of Facilities Policy
DEFINITIONS

Councillor of a local government includes the Mayor, noting section 12(4) (c) of the Local
Government Act 2009.
CEO is the Chief Executive Officer of the council as prescribed by the Local Government Act 2009.
Local government / Council employee includes a person prescribed under a regulation.

Version control:
 Version    Reason/ Trigger                Change (Y/N)  Endorsed/ Reviewed by      Date
 1.0        New                                          CEO                        19/2/15
 2.0        Review                        Y              DES                        20/05/2020

                                                                                   Page 7 of 80
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