Breaches of the Local Government Act 1995

The role of the department is to support the local government sector in the provision of good governance and compliance by monitoring, promoting and enforcing compliance with the relevant legislation.

The department accepts complaints about alleged breaches of the Local Government Act 1995 (the Act) and the associated legislation such as the Local Government (Model Code of Conduct) Regulations 2021 (Rules of Conduct).

Complaint confidentiality

It is very important to note that once a complaint has been lodged, confidentiality applies. Under section 5.123 of the Act, it is an offence to disclose information that the complaint has been made or any information about any details of the complaint until the matter has been dealt with and an order has been made by Panel under section 5.110(6) or the State Administrative Tribunal under section 5.117(1) of the Act.

Minor breaches

The Local Government Standards Panel (the Panel) is a body established under section 5.122 of the Act, to objectively and impartially determine allegations of minor breach of the Rules of Conduct against a council member.

Complaints must be lodged in accordance with the process outlined in Part 5 Division 9 of the Act. A person can only make a complaint of a minor breach within 6 months after the breach alleged in the complaint has occurred. A complaint cannot be made after that time has elapsed. Once a complaint is received, a report is prepared for the Panel to consider.

The Panel cannot investigate matters. It can only make decisions based on the information before it, therefore, detailed complaints are essential for the Panel members to make informed decisions.

When a complaint has been lodged, the complainant will receive an automated reply. This is not an acknowledgement your complaint will proceed, but an acknowledgment your complaint has been successfully received by the Panel. Once your complaint has been assessed you will be notified of the status of your complaint.

Members of the Panel

The Panel comprises of three members:

An officer of the department who is the presiding member.
A person who has experience as a member of a council.
A person with relevant legal knowledge.

The current Panel members are:

Presiding member

Tim Fraser, Executive Director, Local Government, Department of Local Government, Sport and Cultural Industries

Local government member

Peter Rogers, Councillor, City of Mandurah

Legal member

Emma Power, Principal, Power Commercial Legal

Administrative support is provided by the department.

Please note, the department and the Panel are separate entities.

The link below provides you with the process for submitting a minor breach through the Local Government Complaints Officer.

Making a complaint of minor breach

Serious breaches

A serious breach is an offence committed by a council member against a written law when the person is acting in their capacity as a council member. The majority of the offences of this nature are within the Act, which include:

failure to declare an interest (section 5.65)
failure to submit an annual return (section 5.76)
failure to declare a gift (section 5.87A)
failure to vote (section 5.21).

A person who has reason to believe that a council member has committed a serious breach may make a complaint to the departmental CEO. These complaints can be sent direct to the department.

Once the complaint has been received it will be assessed and if it is to be investigated an Investigations Officer will contact you within 14 days.

When a complaint has been lodged, the complainant will receive an automated reply. This is not an acknowledgement that your complaint will proceed, but an acknowledgement your complaint has been successfully received by the department. Once your complaint has been assessed your will be notified within 14 days of the status of your complaint.

Making a complaint of serious breach

Complaints of serious misconduct by either a council member or an employee of a local government should be made to the Corruption and Crime Commission.

A complaint of minor misconduct of an employee of a local government, should be made to the Public Sector Commission.

Page reviewed 30 January 2025