Legislation
Department of Local Government and Regional Development
Government of Western Australia


Local Government (Official Conduct) Amendment Act 2007
Local Government (Official Conduct) Amendment Act 2007
 
Council members engaging in inappropriate behaviour could face penalties ranging from a six month suspension through to a five year disqualification.

The Local Government Act 1995 has been amended by the Local Government (Official Conduct) Amendment Act 2007 and the amendments came into operation from 21 October 2007, the day after the local government elections.

The Amendment Act establishes a disciplinary framework to deal with misconduct by any local government council member. The framework involves using a statewide standards panel to handle complaints about minor breaches of rules and empowering the State Administrative Tribunal (SAT) to review the conduct of members where the Act or regulations have been breached. Councillors found to be in minor breach of rules may face penalties ranging from public censure and a public apology through to an order to undertake training. SAT has additional powers to suspend a member for up to six months or bar a member from holding office in any local government for up to five years. Previously, the only avenue for tackling or deterring inappropriate behaviour by an individual council member was the possibility of prosecution or action against the whole council.

Rules of Conduct
The Local Government (Rules of Conduct) Regulations 2007 were gazetted on 21 August 2007 and came into operation from 21 October 2007 in conjunction with the amendments to the Act.

The regulations prescribe uniform rules of conduct for council members in relation to:
  • standards of general behaviour
  • behaviour at council or committee meetings
  • misuse of local government resources
  • relations with local government employees
  • use of information
  • securing unauthorised advantages or disadvantages
  • disclosing certain interests (not financial)
  • restrictions on receiving, and disclosure of, certain gifts.
For more information, please contact Carolyne Gatward on 9217 1575 or by email carolyne.gatward@dlgrd.wa.gov.au


Download
Local Government (Official Conduct) Amendment Act 2007PDF 98.85Kb

Explanatory Notes of the Local Government (Official Conduct) Amendment Act 2007PDF 99.45Kb

Local Government (Rules of Conduct) Regulations 2007PDF 66.69Kb

Official Conduct Legislation workshop PowerPoint presentationPPS 535.00Kb

Official Conduct Legislation workshop handout - PowerPoint presentationPDF 2.89Mb

Official Conduct Legislation workshop handout - Guide to making a complaint about the conduct of council membersPDF 181.58Kb
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