Domestic Cat Containment

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Councils’ powers to enact local laws to contain domestic pet cats are found in:

  • their inherent LG Act power to make local laws that are necessary or convenient to perform any LG function, which is in addition to any other Act authorising the local law
  • the Cat Act (notwithstanding the Joint Standing Committee on Delegated Legislation’s (JSCDL) error of law in holding that the Cat Act does not authorise cat containment)
  • the Public Health Act (to protect human health from cat faeces, scratches, bites)
  • the Animal Welfare Act (to protect domestic pet cats from attacks by other roaming pet cats).

Councils do not need authority of the Cat Act to make a domestic cat containment local  law (although Cat Act does authorise pet cat containment local laws).

The JSCDL unreasonably keeps disallowing domestic cat containment local laws members are MPS who can be lobbied and are currently:

Chair: Ms Emily Hamilton MLA
Deputy Chair: Hon. Robin Chapple MLC
Members: Kyran O’Donnell MLC, Robyn Clarke MLA, David Honey MLA, Matthew Swinbourn MLC, Martin Pritchard MLC, Robin Scott MLC

Read LGEMA’s Cat Containment Policy here

LGEMA 2024 AGM & 2024 FORUM THREE

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Local Government EM Workplace Safety & Enforceable CEO KPIs
(Elected Members can become LGEMA members on the day)

Date: Sunday 21 July 2024 – Time 12.15pm – 4pm –
Forum Venue: The Grove Library, 1 Leake St, Peppermint Grove, WA, 6011

 PROGRAM
12.15 pm Registration and lunch
Members, associate members and invited guests welcome

LGEMA AGM
1pm LGEMA AGM
Guest Speaker: Brian Walker MLC Support, not Censure: Assisting Local Government from Within the State Parliament

LGEMA FORUM
2pm:  Work health and safety in the local government context
WorkSafe Commissioner Sally North

3pm: CEO Contracts and Enforceable KPIs:
Mills Oakley Lawyers

see the full agenda here  (pdf 345kb)

Local Government Audit and Risk Forum

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LGEMA are delighted to announce that we have WA’s Office of the Auditor General (OAG) Assistant Auditor to talk to us about Local Government Audits and an expert to talk to us about how financial information should be reported to Council.

Book online @ https://www.trybooking.com/CRNAB

Date: Sunday 26 May 2024
Time 12.15pm – 4pm
Venue: The Grove Library, 1 Leake St, Peppermint Grove, WA, 6011
Travel and Parking: Close to Cottesloe Train Station & Stirling Highway bus routes; free parking under Grove library after 12MD; Woolworths carpark opposite library on Leake St; Cottesloe train station.

Cost: $30 (for catering, venue hire)
RSVP: lgema@iinet.net.au

Forum:
• 12.15 pm: Registrations and Lunch
• 1pm: Susan Smith CA from Quantum Assurance “ Reporting User Friendly Financial
Information to Council”
• 2pm: Grant Robinson, Assistant WA Auditor General “Local Government Audits”
• 3pm: Sandy Boulter LGEMA Chair “Audit Committees”
• Q & A Session
• 3.45pm close

Join us for drinks afterwards at the historic Albion Hotel

JOIN FORMER AND CURRENT ELECTED MEMBERS TO TALK ABOUT PRACTICAL CHALLENGES IN NAVIGATING LOCAL GOVERNMENT AUDIT AND RISK

Invitation (PDF 263kb)

 

Standards Panel

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LGEMA  has e-copies of the following Standards Panel documents,

  • Governance Overview
  • Charter
  • Code of Conduct
  • Code of Ethics
  • Practice and Procedure Guidelines
  • Policy and Procedure for Managing Conflicts of Interest
  • Freedom of Information Statement
  • Internal Manual, A collection of the Local Government Standards Panel’s views, Authorities and Other Material
  • Local Government Standards Panel Induction Manual 2022,

which LGEMA members can request from lgema@iinet.net.au

LGEMA 2024 Forum Program

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All LGEMA 2024 Forums will be held,

  • on Sunday afternoons
  • at the Peppermint Grove Library, near the Cottesloe Railway Station

 Our LGEMA 2024 Forum Program

  • Budgets: 10 March
  • Audits: 26 May
  • CEO Performance and LGEMA AGM: 21 July
  • Elected Members’ Mental Health: 13 October

Email lgema@iinet.net.au for a membership or associate membership form or download here

Elected Member Mandatory Training

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LGEMA cannot provide mandatory Elected Member Training.

Only three entities are authorised training providers by Local Government (Administration) Regulations 1996, Regulation 35.

In 2023,

  • South Metro Tafe: on-line course taking 3-4 hours for $250
  • North Metro Tafe: : face to face workshops consecutively or non-consecutively for $2,500
  • WALGA: face to face over 5 days for ~$2,455, or online for ~$1,190 face to face workshops consecutively or non-consecutively for $2,500.

 

Email the LG Minister Hannah.Beazley@mp.wa.gov.au to request that LGEMA be an authorised Elected Member training provider.

 

ELECTED MEMBERS’ RIGHT TO PRIVACY

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In Re ‘A’ and Local Government Standards Panel [2023] WAICmr 19 22 December 2023 (D0192023.pdf (oic.wa.gov.au) ), the Information Commissioner has confirmed that election to public office does not mean that Elected Members do not have a right to privacy, in affirming Re Leighton and Department of Local Government and Regional Development [2008] WAICmr 50 , especially para.40. (https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/wa/WAICmr/2008/50.html)

It is important to note that,

  • The Commonwealth Privacy Act does not apply to WA Local Governments
  • WA does not have a Privacy Act, but has privacy at  common law
  • There is no general right of privacy under WA common law
  • There is piecemeal protection of WA person’s privacy found in tort, equity, statutes, standards
  • The right to privacy is political right, which may be protected by the WA criminal code in some circumstances
  • It may be a crime to share a secretly recorded phone message without the consent of the parties to that message.

Prudent Elected Members will annually FOI the information held by their LG about them to ensure it is accurate and does not contain a breach of their privacy.

Congratulations to Council of City of Rockingham

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The Council of the City of Rockingham has adopted Council Policy, which recognises the importance of LGEMA to Elected Members supporting Local Government good governance, by including payment of LGEMA membership fees through Council’s Professional Development Policy.

https://rockingham.wa.gov.au/forms-and-publications/your-city/about-us/local-laws-council-policies-and-delegations/council-policies

LGEMA Annual General Meeting 2023

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Date: 5 November 2023
Venue: Secret Harbour Surf Life Saving Club
Secret Harbour Blvd, Secret Harbour WA 6173

Questions: Ring secretary Sandra Boulter on 0427 508 582
RSVP: https://www.trybooking.com/events/landing/1133389

11am: LGEMA Committee meeting, for LGEMA committee members only
Program
12 midday Registration and Lunch
1pm AGM, for current LGEMA members only
2pm LGEMA Local Government Law Reform Position and Q&A
For current LGEMA members only and invited guests.

To download  the full Agenda please click here

LOCAL GOVERNMENT ELECTIONS FORUM

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Sunday 30th April 2023

When: 12 Noon – 4pm Sunday 30 April 2023
Where: Peppermint Grove Library
Forum Cost: Free for members, donations welcome
Guests: Members can invite potential candidates as guests
Photo: Professional photographer for Candidate headshots
Lunch: Catering Costs $25 for each member, each guest

RSVP and Pay: https://www.trybooking.com/CHETL

Agenda

12md Registration, lunch, networking
12md: Photos
12.45 pm Local Government Act and Elections: Sandy Boulter
1.30 pm Campaigning: Cr D. Kingston presented by Cr J. Raftis
2.00 pm Flyers & Preferential Voting: Cr John Raftis
2.15 pm Election Lessons: Cr Shaye Mack
2.45 pm Local Government Elections:

  • WA Electoral Commissioner: Robert Kennedy
  • Deputy WA Electoral Commissioner: Courtney Barron

3.30 – 3.50 pm Panel and Close

You can download the full agenda and location details here.

BUILDING BETTER BUDGETS LOCAL GOVERNMENT FORUM

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  • LGEMA Committee Open Q&A
  • Keri Shannon on Zero Rate Increases
  • Lorna Buchan on Building Better Budgets

When: 9. 30am – 2pm Sunday 19 FEBRUARY 2023
Where: Quest Joondalup 83 Boas Avenue, Joondalup
Cost: Workshop free for members, donations welcome
RSVP: https://www.trybooking.com/CFMLH
Contact: Sandy Boulter 0427 508 582

Download the full programme here (pdf 375kb)

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A Message for Presiding Members

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JACOB and LOCAL GOVERNMENT STANDARDS PANEL [2022] WASAT 66 explores proper role for Presiding Members

  1. Concerned inappropriate use of power as presiding member: para. 156
  2. Confirmed Mayor made improper use of his office as EM of the City to cause detriment to others, made comments designed to diminish reputation of another EM, did not act impartially: para.s 142, 146, 167
  3. Warrants a careful read by ALL EMs to understand some of the behaviours unacceptable in LG meeting Presiding Members, and which conduct can be complained about successfully
  4. minor breach of reg 4 and reg 7(1)(b) of Local Government (Rules of Conduct) Regulations 2007 (WA) – Applicable principles – Reflect adversely – Impute motive – Whether improper use of office – Whether intent to cause detriment – Whether Panel made errors of fact – Procedural fairness

https://ecourts.justice.wa.gov.au/eCourtsPortal/Decisions/ViewDecision?id=0af48ac2-8f1c-4dd9-a372-2dfc0f571da5