Section 28ZB of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "chairperson of the Code of Conduct Panel" and substituting "initial assessor for a code of conduct complaint" ;

(b) by inserting the following paragraphs after paragraph (ab) in subsection (1) :

(ac) the dispute resolution process of the council is a reasonable mechanism to resolve the dispute, but the complainant has not participated, or has not participated satisfactorily, in the dispute resolution process; or

(ad) it is not in the public interest for an investigating Panel to be convened under section 28L to investigate the complaint; or

(c) by omitting from subsection (1)(b) "of the relevant council" ;

(d) by omitting from subsection (1)(c)(i) "chairperson" and substituting "initial assessor" ;

(e) by omitting from subsection (1)(c)(ii) "Code of Conduct Panel" and substituting "investigating Panel, for the complaint," ;

(f) by inserting the following subsection after subsection (1) :

(1A)  An initial assessor may consider, but is not limited to considering, the following matters when determining under subsection (1)(ad) if it is in the public interest for an investigating Panel to be convened:

(a) the nature and seriousness of the alleged conduct to which the complaint relates;

(b) the time that has elapsed since the alleged conduct occurred;

(c) the availability of evidence and the recollection of any witnesses;

(d) the likely degree of culpability, in connection with the alleged conduct, of the councillor to whom the complaint relates;

(e) whether the alleged conduct could be of significant public concern;

(f) whether the alleged conduct has been, or is being, investigated and dealt with appropriately;

(g) the sanctions available to deal with the alleged conduct;

(h) whether the alleged conduct may be indicative of, and may expose, entrenched or systemic behaviour.

(g) by omitting from subsection (2) "chairperson of the Code of Conduct Panel" and substituting "initial assessor for a code of conduct complaint" ;

(h) by omitting from subsection (2) "chairperson" second occurring and substituting "initial assessor" ;

(i) by inserting the following subsection after subsection (2) :

(3)  If the initial assessor for a code of conduct complaint dismisses the complaint, or part of it, on the grounds referred to in subsection (1)(ac) , the initial assessor, in the notice provided under section 28ZA(3) , may direct the complainant not to make a further complaint in relation to the same matter until –

(a) the complainant has participated satisfactorily in the dispute resolution process of the council in relation to the complaint; and

(b) the complainant has taken and completed the actions, specified in the notice, as necessary to have participated satisfactorily in the dispute resolution process.