Publications and Resources

Complaints Procedures

Disciplinary Procedure By-Law No. 2

Purpose

This By-Law shall be known as By-Law No. 2 of Local Government Managers Australia. The purpose of this By-Law is to provide a self-regulating and peer driven procedure for the investigation and determination of complaints made against members of the Organisation. This By-Law is to be read and applied having regard for Articles 39-45 inclusive of the Articles of Association and the Organisation's Code of Ethics as amended from time to time.

Enabling Provision

This By-Law is made under Articles 41, 78(a), 81 and 90 of the Articles of Association.

Definitions

"Articles" means the Articles of Association of Local Government Managers Australia as enforced pursuant to the Corporations Law from time to time.

"Complaint" means a written complaint, lodged with an Officer, alleging specified breaches of the Articles and/or the Code of Ethics by any member of the Organisation.

"Complainant" means the person, persons or corporation lodging the complaint.

"Committee" means the Division's Executive Committee or such other Committee of Divisional Councillors appointed for the purpose.

"Member" means a member whether financial or not of Local Government Managers Australia as defined in the Articles and who is subject to a complaint.

"Officer" means the National Chief Executive Officer or Divisional Executive Director as appropriate.

All other words and phrases have the meaning ascribed to them in the Articles.

  

Administrative Matters

Meetings

1. All meetings referred to in this By-Law may be held by personal attendance, teleconference or videoconference.

Jurisdiction

2. Complaints shall be dealt with by the Division to which the Member is associated at the time of the complaint
3. Notwithstanding clause 2, if a Committee wishes, and the National Executive Committee agrees, the National Executive may hear the complaint providing agreement can be reached within 28 days of the original lodgment of the complaint.
4. If the National Executive hears a complaint,

a. it will assume the responsibilities of the Committee and
b. the National Council will assume the responsibilities of the Division under this By Law

5. For the purposes of determining timelines, the complaint will be considered lodged when it is lodged with the Officer of the appropriate Division.

Initiated Investigation

6. Any Division and the National Council can initiate an investigation, in which case the proceedings of this By-Law will be modified as is necessary.

Disciplinary Procedures

Procedures for dealing with Complaints

7. Any party may lodge a complaint with the Divisional Executive Director.
8. Unless rejected, the officer must refer complaints to the Committee within seven (7) days.
9. The Committee will consider the complaint within twenty-one (21) days of its receipt and determine

a. To reject or investigate the complaint,
b. the terms of any investigation, including whether to delegate investigation of the complaint, the person or persons to whom the delegation is to be made and the terms for such delegation.

10. With 28 days of receiving the complaint the Committee will notify

a. the member

i. of the complaint including the alleged breaches, and
ii. the Committee's response and

if the complaint is to be investigated:

i. the terms of the investigation and
ii. a submission and/or a request to be heard before the Committee can be lodged in writing with the Officer within 28 days of the date of notification.

b. the complainant of the Committee's response

Rejection of Complaints

1. The Officer shall reject any complaints received if

a. The subject of the complaint is not a member
b. the complaint fails to adequately identify the member and/or the alleged breaches of the Articles and/or the Code of Ethics.
c. the Complaint has already been dealt with and no new information is provided.

2. When a complaint is rejected pursuant to clause 11, the officer shall

a.  1. within 7 days, notify the complainant that

i.  the complaint has been rejected
ii.  the grounds for the rejection and
iii.  any appeal against the rejection must be lodged within 14 days.

3. Within 28 days, report the complaint, the ground for rejection and any appeal, to the Executive Committee.

Investigation of Complaints

4. The officer shall

a. ensure the investigation is carried out in the manner prescribed by the Executive committee
b. ensure the investigation is concluded within the timelines prescribed by this By law
c. report the findings of the investigation to the committee within the timelines prescribed by this By law

Determination of Complaint

5. The Committee will meet no earlier than 28 days and no later than 60 days after notifying the member of the complaint, to further consider the complaint.
6. At the meeting prescribed in clause 15, the committee shall consider:

a. The report of the findings of any investigations
b. The written submission lodged by the member, if any.
c. The personal submission of the member, if any.

7. After duly considering the submissions prescribed in clause 16, the committee shall determine the matter in accordance with the Articles of Association and the Organisation's Code of Ethics.
8. Within seven (7) days of the committee's decision, the member shall be

a. notified of that decision and
b. advised that a written appeal against the committee's decision and/or a request to be heard before the Divisional Council can be lodged in writing with the Officer within 28 days of the date of notification.

9. If the Committee's decision is appealed, the complaint shall be determined in accordance with the Articles by the Divisional Council at a meeting to be held within thirty (30) days of the receipt of the appeal, or at some other time agreed to by the Member and the Divisional Council.

10. At the meeting prescribed in clause 19, the Divisional Council shall consider:

a. A report from the Committee.
b. The report of the findings of any investigations
c. The written submission lodged by the member, if any.
d. The personal submission of the member, if any.

11. Within 14 days of final determination of the matter :

a. the complainant shall be notified of the determination
b. the member shall be notified of the determination and the process for execution of any disciplinary procedure.