To assist in the smooth operation of Councils, elected members in Western Australia engaging in inappropriate behaviour may soon face penalties ranging from a six month suspension through to a five year disqualification.
The Western Australian State Parliament recently amended the Local Government Act 1995 with the Local Government (Official Conduct) Amendment Act 2007. This Amendment Act will come into operation after the next Local Government elections in October this year. It will provide a disciplinary framework to deal with misconduct by any Council member. It will also protect the interests of individual Councillors who consistently do the right thing, as currently the only remedy is to suspend the entire Council.
The framework involves using a Statewide standards panel to handle complaints about minor breaches of rules. It empowers the State Administrative Tribunal (SAT) to review the conduct of Councillors 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 them from holding office in any Council for up to five years.
Statewide workshops have been held throughout August and will continue in September to inform Councils of the introduction of this legislation.
The legislation includes rules 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)
- restriction on receiving, and disclosure of, certain gifts.
Draft regulations were circulated to all Western Australian Councils for comment earlier this year.
For further information contact DLGRD Senior Policy Officer, Carolyne Gatward, on (08) 9217 1575.
