The Ombudsman has published a final investigation report which concluded that a council had erred in its consideration of a notice of motion that sought to determine wrongdoing of an elected member.
The Ombudsman has published a final investigation report which concluded that a council had erred in its consideration of a notice of motion that sought to determine wrongdoing of an elected member, outside of processes set by the behavioural conduct management framework under the Local Government Act 1999 and without providing procedural fairness to the elected member.
Insights
The Local Government Act and the council’s policies establish a clear process for the management of behavioural complaints against elected members. These processes safeguard fundamental elements of complaint management, such as:
- an independent assessment of alleged conduct;
- confidentiality during the assessment process; and
- procedural fairness.
A failure to adhere to established complaint management processes undermines these essential elements of the behavioural management framework and interferes with fundamental rights of those impacted by administrative processes.
Outcome
The Ombudsman formed the view that the council erred by making a determination as to an elected member’s wrongdoing outside of the prescribed process and by failing to afford the elected member with procedural fairness. The Ombudsman recommended that the council consider revoking the motion and provide a public apology to the elected member.
