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STATUTES AMENDMENT (LOCAL GOVERNMENT REVIEW) ACT 2021 (NO 26 OF 2021) - SECT 130

130—Amendment of section 263B—Outcome of Ombudsman investigation

Section 263B(1) and (2)—delete subsections (1) and (2) and substitute:

        (1)         The recommendations that may be made by the Ombudsman under the Ombudsman Act 1972

on the completion of an investigation of the complaint include—

            (a)         a recommendation requiring the council to—

                  (i)         reprimand the member (including by means of a public statement); or

                  (ii)         suspend the member from any office under this Act for a period not exceeding 3 months, with or without an allowance (as determined by the Ombudsman); or

                  (iii)         ensure that a complaint is lodged against the member with SACAT; or

            (b)         a recommendation requiring the member to—

                  (i)         issue a public apology (in a manner determined by the Ombudsman); or

                  (ii)         attend a specified course of training or instruction; or

                  (iii)         take other steps; or

                  (iv)         reimburse the council a specified amount (which may include the reimbursement of the council's costs relating to investigation of the complaint and giving effect to a recommendation of the Ombudsman under this section).

        (2)         If a member of a council fails to comply with a recommendation of the Ombudsman requiring the member to take action under subsection (1)

, the council is to ensure that a complaint is lodged against the member with SACAT.



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