Minister is not satisfied that it has discharged its obligations under the Act using different processes. position was to support this direction in principle MAV’s subject to clarification of how the process would operate. The exposure draft provides for a council to apply to the Minister for a compliance exemption from a regulatory requirement under this Act or the regulations. A council must provide evidence that the granting of the exemption will not limit the ability of the council to provide good governance and would be in the public interest. The Minister may grant an exemption subject to any terms and conditions and for any period. As this provides an avenue for a council to discharge it obligations using different processes, it is proposed that it be supported. 43 Minister can stand down an Minister can suspend a councillor Proposed direction 69 of the Directions Paper provided This provision is supported subject to individual councillor (with pay). (without pay) subject to receiving for: a councillor being provided with the clear evidence provided by a opportunity to respond to a proposed monitor, the CMI, the Ombudsman, suspension direct to the Minister. the minister to recommend that a “69. Empower IBAC or a Commission of Inquiry councillor be suspended by an order in council where that the councillor is causing or the councillor is contributing to or causing serious contributing to governance failures governance failures at council. This power is only to be or is breaching the Act and that exercisable in exceptional circumstances in that: without intervention the problem will persist. The councillor has caused or substantially contributed to a breach of the Act or Regulations by the council or to a failure by the council to deliver good government and A council (by resolution), a municipal monitor, the CMI, the Ombudsman or the Independent Broad-based Anti-corruption
Minister is not satisfied that it has discharged its obligations under the Act using different processes. MAV’s position was to support this direction in principle subject to clarification of how the process would operate. The exposure draft provides for a council to apply to the Minister for a compliance exemption from a regulatory requirement under this Act or the regulations. A council must provide evidence that the granting of the exemption will not limit the ability of the council to provide good governance and would be in the public interest. The Minister may grant an exemption subject to any terms and conditions and for any period. As this provides an avenue for a council to discharge it obligations using different processes, it is proposed that it be supported. 43 Minister can stand down an individual councillor (with pay). Minister can suspend a councillor (without pay) subject to receiving clear evidence provided by a monitor, the CMI, the Ombudsman, IBAC or a Commission of Inquiry that the councillor is causing or contributing to governance failures or is breaching the Act and that without intervention the problem will persist. Proposed direction 69 of the Directions Paper provided for: “69. Empower the minister to recommend that a councillor be suspended by an order in council where the councillor is contributing to or causing serious governance failures at council. This power is only to be exercisable in exceptional circumstances in that: The councillor has caused or substantially contributed to a breach of the Act or Regulations by the council or to a failure by the council to deliver good government and A council (by resolution), a municipal monitor, the CMI, the Ombudsman or the Independent Broad-based Anti-corruption This provision is supported subject to a councillor being provided with the opportunity to respond to a proposed suspension direct to the Minister.