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Significant Changes to the Local Government Act 2004
Local Government Amendment Act 2004
Significant Changes to the Act
- New provisions requiring each council to have an audit committee are included to ensure that council members maintain an involvement in the audit process.
- The references to local government associations are being updated to reflect the new name of the Western Australian Local Government Association and its new constitution as amended.
- A new clause is added to the content and intent part of the Act to make it clear that local governments need to consider sustainability outcomes. This will ensure consistency with the State Sustainability Strategy and the proposed Sustainability Act.
- Except for only one case, a special majority of council will no longer be required for various council decisions. Instead, an absolute majority will replace circumstances where the Act requires a special majority decision.
- Provision is made for a new requirement for a referendum where a council wishes to change from a system of electing the mayor or president by the electors to one where the mayor or president is elected by the councillors.
- Local governments will be able to impound and dispose of abandoned vehicle wrecks within a two week period rather than two months as is the present case.
- Local governments will be empowered to close thoroughfares for indefinite periods without re-advertising the closure every four years.
- Local government elections will not be permitted to be held on the same day as State and Federal elections.
- Local governments with no wards will be able to operate with up to 20% of their vacancies unfilled until the next ordinary or extraordinary elections are held.
- A new clause is being added to enable regulations to be made to prescribe the minimum amount of rent that must be paid by an occupier to obtain eligibility to be included on the owners and occupiers roll for an election. Appropriate minimum amounts for different regions, for example metropolitan and country areas, will be specified.
- The period for nominating for council elections has been reduced from 14 days to seven days. This will allow an extra week for the Electoral Commission to prepare postal voting papers.
- The returning officer for an election will be able to reject the nomination of a candidate who is an elector only because he or she is a nominee of a body corporate. This reflects the current eligibility provisions of the Act.
- A specific offence provision is included to penalise councillors who fail to vote at council meetings. Also, a new provision is added requiring the presiding member to use a casting vote in the event of a tie. The use of such a vote is currently discretionary.
- A new clause is included to require the positions of Chief Executive Officers and senior employees to be advertised in accordance with details to be prescribed in regulations. Also, councils will need to have regard to the remuneration levels for Chief Executive Officer positions set by the Salaries and Allowances Tribunal.
- New provisions will allow regulations to be made to specify particular documents which councils shall keep confidential.
- Councils will be able to adopt the next financial year’s budget in the month of June. In addition, the approval of the Treasurer will not need to be obtained prior to a council borrowing money or undertaking certain investments.
- New provisions will require any boundary polls to be conducted by the Electoral Commissioner where an amalgamation of local governments is proposed.
- New powers are included for the Local Government Advisory Board to request council reviews of their electoral representation.
- New requirements are being added to clarify the procedures that should be used for elections of mayors, presidents, deputy mayors and deputy presidents by the councillors at the first meeting following ordinary elections. These include the method for calling nominations, the procedure for conducting the election, the declaration of the election and the role of the court of disputed returns.
- The circumstances where councils may enter land to rectify nuisances are being widened to include the enforcement of laws relating to the keeping of bees, dilapidated fencing, artificial light and dangerous private thoroughfares.
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Local Government Amendment Act 2004
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