Local Government Act: Law Reform or Decline?

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22 January 2022: LGEMA will hold a workshop on LG Minister’s proposed amendments the Local Government Act, details and venue TBA.

The Constitution Act 1889 (WA) Part 111B s.52(1) gives all  local government powers including but not limited to executive, legislative and administrative to the local governing body. The elected governing body is a group of elected persons that have the authority to govern the locality. Constitutionally, local government powers cannot be given to other than to or through the elected governing body. Governance encompasses the system by which an organisation is controlled and operates, and the mechanisms by which it, and its people, are held to account. Ethics, risk management, compliance and administration are governance elements.

Parliament implements these constitutional obligations by enacting a Local Government Act, which creates a local government, a Council and an administration none of which are required by the Constitution. Elected Members, who ARE the only local government constitutional requirements have no support or protection by the current Local Government Act, and no improvement in this parlous state of affairs is observed from the current reform proposals.
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Cr Email is a Local Government Resource

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Councillors need to be wary of using their Local Government generated Councillor and group Councillor email address noting some Local Governments blind copy employees into all Councillor emails.

Elected Member Local Government email address can be “resource” for Conduct Regulations in two senses:

  • text comprising the email address
  • dedicated email service provided by LG.

Local Government email address is Local Government ‘resource’ for the purposes of the conduct Regulations
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LGEMA AGM and Planning Law Workshop 7th November

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AGM

LGEMA will be holding its AGM on Sunday 7th November 2021 at Tompkins Park Melville.

Members should RSVP to lgema@iinet.net.au
The agenda for the meeting can be downloaded here (165Kb pdf)

Planning Workshop

LGEMA will also be holding a Planning and Development Law Workshop after the AGM.
Entrance is free to LGEMA members.

The agenda for the workshop can be downloaded here (405Kb pdf)

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Local Government Elections 16th October 2021

LAW REFORM

  • Compulsory LG elections reduce risk of interest groups controlling outcomes
  • Lack of compulsory LG elections in WA contributes to maladministration, electoral misconduct and corruption risks including the LG electoral manipulation: see “Democracy and Its Crisis” by A.C. Grayling
  • Compulsory LG elections voting in Victoria, NSW, Queensland, Northern Territory (no LG in ACT)

Please email LG Minister Carey to request compulsory voting in WA LG elections and a LG Inspectorate to enforce the LG Act Minister.Carey@dpc.wa.gov.au

For LG election information see https://www.elections.wa.gov.au/elections/local (new window)

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LGEMA Workshop

LGEMA Workshop

“What I Wish I Knew When I Became an Elected Member” Attendance by invitation only

Date: Sunday 27 June 2021
Time: 9:30am – 5:00pm
Place: Tompkins Park, 642 Canning Highway, Alfred Cove, WA (Function Room)
RSVP: required to lgema@iinet.net.au
Entry: LGEMA Members – Free
Entry: Non-Members – by donation
Costs: Lunch and afternoon tea $20
LGEMA Bank Details: BSB 302-162, ACC 156 11 48
 Program:Click here for the flyer
  Donor Support: City of Melville, through Mayor George Gear

  • Anyone who is thinking of standing for Council – this is for you
  • Anyone who has been an Elected Member, you can contribute through your insights
  • Anyone who is an Elected Member, you can contribute by sharing your insights and you might also learn some things your training has not covered
  • And of course, LGEMA members can hardly stop talking and sharing stories when they get together
  • Support LGEMA by bringing along new members and join us for our next LGEMA get together.

Legislation WA (Laws)

Legislation WA (Laws)

The LOCAL GOVERNMENT ACT 1995 (WA) is an example of an Act of the WA Parliament, which establishes local government throughout Western Australia. It contains the law (binding rules) of how local government operates, including the role and conduct of Councils, Councillors and employees (including the CEO).

See here about the difference between law and policy. Continue reading