Ministerial Circular 1 2018
This Bill has been developed in consultation with the Western
Australian Local Government Association (WALGA) and Local Government
Professionals Australia (WA) in response to requests made by the sector,
and is consistent with the position of WALGA's State Council.
Bill will give the Minister the power to suspend and/or order an
individual council member to undertake remedial action when the Minister
is satisfied that it is inappropriate for the council member to
continue to act as a member of council without intervention.
The triggers for this intervention are:
The purpose of
this reform is designed to protect the public interest and the system
of local government by facilitating a timely intervention by the
Minister. Existing methods of dealing with misbehaviour in the longer
term, such as through the courts or the State Administrative Tribunal,
will underpin the new suspension powers.
Procedural fairness will
be accorded the council member prior to the use of these powers and any
of the new powers contained within the Bill, through a Show Cause
process.The Show Cause Notice will outline the grounds for the proposed
use of the power and provide the council member with an opportunity to
respond. The Minister must consider the member's response prior to any
order being given.
This Bill will also extend the powers of an
Inquiry Panel, by enabling a Panel to recommend the dismissal of an
individual council member if the Inquiry Panel concludes:
and the seriousness or duration of that
failure or conduct make it inappropriate for the council member to
remain a member of the council.
This will allow more targeted
recommendations to be made where appropriate. Additionally, this Bill
will provide the Minister with the power to recommend dismissal when the
Minister is satisfied that the council member is, or has:
and the seriousness of the situation for the local government requires intervention.
recommendation and, more importantly, the basis of the recommendation
to dismiss by the Minister, will be open to public scrutiny through a
requirement imposed upon the Minister to release the report on the day
the order to dismiss takes effect.
The dismissed council member
will not be prevented from re-standing for a position on council. This
process will give voters the opportunity to make an informed choice on
whether that person is an appropriate person to be their representative.
The Bill and supporting materials will be available on Parliament's website.
further information, please contact Mr Luke Stevens, Senior Legislation
and Strategy Officer, Department of Local Government, Sport and
Cultural Industries on (08) 6552 1461 or via email to firstname.lastname@example.org.
Hon David Templeman MLAMinister for Local Government;Heritage; Culture and the Arts
Do not submit enquiries with this form.