Disciplinary proceedings under the Local Government Act 1999

LG Leader December 2018

As of 4 October 2018, the South Australian Civil and Administrative Tribunal (“SACAT”) was conferred disciplinary jurisdiction under the Local Government Act 1999 (“the LG Act”) to receive and determine disciplinary actions against elected members. Prior to this, proceedings were heard and determined in the Administrative and Disciplinary Division of the District Court.

Section 264 of the LG Act provides that a complaint setting out the matters that are alleged to constitute the grounds for a complaint against an elected member may be lodged with the SACAT by a person authorised in writing by the Minister, the council, or the CEO of the council. However, a complaint may not be lodged unless the matter has first been investigated by the Ombudsman or the Independent Commissioner Against Corruption.

On the lodging of a complaint, SACAT may conduct a hearing for the purposes of determining whether the matters alleged constitute grounds for action against the member. Otherwise, the SACAT may dismiss a complaint if it considers the matter is trivial, frivolous or vexatious, or if the complainant does not have sufficient interest in the matter, or there is some other good reason for not allowing the matter to proceed.

For the purposes of proceedings before the SACAT, section 266 of the LG Act provides that the following panels of assessors must be established:

• a panel consisting of person representative of elected members in local government; and
• a panel consisting of persons with experience in dealing with complaints against public officials.

Assessors are appointed by the Governor on the recommendation of the Minister. An assessor must be a person who, in the opinion of the Minister, is qualified by reason of his or her knowledge, expertise and experience, to provide specialist knowledge. In any proceedings the SACAT may, if the President determines, sit with one or more assessor.

If SACAT is satisfied that the grounds for complaint exist, and there is proper cause for taking action, SACAT has the power to order:

• a reprimand
• a fine not exceeding $5,000
• a member attend a specified course of training or instruction
• a member apologise or take other steps
• a member to reimburse the council
• suspension from office
• disqualification from office
• disqualification from being a member of a council, council committee, or subsidiary of a council for a period not exceeding 5 years.

If you require any further information in relation to disciplinary proceedings under the LG Act, please contact Tracy Riddle on (08) 8113 7106 or at triddle@kelledyjones.com.au.