Complaint referral
The panel deals with complaints about the behaviour of council members that cannot be resolved at the council level, including ‘repeated’ and ‘serious’ misbehaviour, as defined under section 262E of the Local Government Act 1999.
What can be referred to the panel
There are three types of behavioural matters that may be referred to the Behavioural Standards Panel. These are complaints alleging 'misbehaviour’, ‘repeated misbehaviour’, and ‘serious misbehaviour’ by a council member.
| Misbehaviour | When an elected member has failed to comply with a council’s efforts to resolve a behavioural matter that the council has dealt with as a breach of either the Behavioural Standards or the council’s own behavioural support policy. |
|---|---|
| Repeated misbehaviour | When a council member has failed to comply with the Behavioural Standards or a council's own behavioural support policy more than once. |
| Serious misbehaviour | When a council member has failed to comply with the health and safety duties under section 75G of the Local Government Act 1999. |
Complaints about alleged breaches of the Behavioural Standards for Council Members or any behavioural support policy that the council may have adopted, should be made with the relevant council.
Who can refer a complaint
The panel can consider complaints referred to it by:
- a council (through resolution)
- the principal member of a council
- at least three members of a council
- a responsible person in accordance with section 75G(5) of the Local Government Act 1999.
Complaints cannot be referred to the panel by:
- members of the public
- council employees
- individual council members (other than the principal member).
Referring a complaint
Before lodging a complaint with the panel, please first familiarise yourself with the panel's practice directions and guidance papers.
In particular, ensure that you have considered the following documents:
- Guidance paper: Types of behavioural matters that may be referred to the panel
- Practice direction 1: Lodgment of the complaint
- Checklist of supporting information for Behavioural Standards Panel.
