Code of Conduct process explained. All are given right of reply.

General Manager Graeme Faulkner today explained the processes required by the Office of Local Government in investigating Code of Conduct complaints, noting that all persons subject to breach allegations are given every opportunity to respond in writing to the complaints made to the Independent Investigator before they finalise their investigation and decision.

“In the most recent Code of Conduct matter considered by Council on the 27 November 2017, the Independent Investigator has confirmed that the respondent was given the opportunity to deny the allegations and that opportunity was taken by way of both written reply and interview with the independent Investigator” said the General Manager.

“It is important for everyone to understand that:

  • The independent Investigator (generally a Barrister) undertakes the investigation, interviews witnesses, the complainant and the person alleged to have breached the Code, makes draft findings, and gives the person the subject of the breach allegation an opportunity to argue the Investigators findings both in writing and verbally at interview.
  • Council has no role in the investigation process. Council must accept the findings of the Independent Investigator and Council’s only role, if there is a finding that a breach has occurred, by the Independent Investigator, is to apply one or more of a prescribed list of penalties set down by the Office of Local Government in the Code of Conduct procedures.” said Mr Faulkner.

“Every person who is found by an Independent Investigator to have breached the Code of Conduct has a right of appeal to the Office of Local Government and in the most recent Code of Conduct matter, the appeal process is being progressed, and the matter has been referred accordingly for further adjudication.” said the General Manager.

Graeme Faulkner
General Manager
Tel: 02 6354 9999
Fax: 02 6351 4259

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