Local Government Elections 16th October 2021

Featured

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

Policy

See here for the difference between law and policy.

Department of Local Government Sport & Cultural Industry (DLGSC) Policies

DLGSC 39 Local Government Policies see here.

Key words: “open space” – “CEO appointment” – “Dogs” –“ burials” –“land valuations” – “council motion clarity” – “council forums” – “declaring interest” –“delegation” – “ financial interest” –“ disruptive behaviour” – “elected member induction” –“ elected members and developers” –“ financial ratios” –“ guide to planning” –“ changing boundaries” –“ lawyers / legal advice for elected members” – “ local laws” –“public question time” – “net current assets” –“ differential rates” –“ rating policies” –“ credit cards” –“ grants commission” Continue reading

Governance Bodies

Corruption and Crime Commissions
Office of the Auditor General WA (OAG)
Local Government Inquiries WA

Corruption and Crime Commissions

WA Corruption and Crime Commission
You can report corrupt conduct to the CCC anonymously or confidentially here

The CCC reports on corruption, including in local government and makes recommendations, which are helpful when reviewing how well your local government procedure and practices measure up. They make entertaining and elucidating reading. CCC reports relevant to local government include: 

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Common Law

Courts and Tribunals interpret laws that are open to interpretation. Decisions of courts are called the “common law” and are often referred to as judge-made law.

Courts

AYTON -v- CITY OF ARMADALE [2020] WASCA 39 here

A member of the public was seriously injured by a vehicle at City of Armadale (City) Waste Facility (Site), while dropping off green waste – as directed by the staff. The City plead guilty to failing to maintain a safe work environment at the Site. Court of Appeal increased fine against City to $110,000.

Under the Local Government Act section 5.41(g), CEO at the time, Ray Tame was responsible for, … the employment, management, supervision, direction and dismissal of employees.

Surprisingly, no mention was made in the judgement about CEO’s statutory role in respect of the management of Site managers.

The Court found that in relation to the Site:

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Tribunals

Fair Work Commission of Australia

Is a CEO being bullied? What is the difference between bringing a CEO to account and bullying? 
In dismissing an application by Cockburn CEO Cain to stop him being bullied, the Fair Work Commission held (view here
“[Bullying is not] … reasonable management action carried out in a reasonable manner … noting … the right of management to take reasonable management action in the workplace.”
See newspaper article from the Fremantle Herald on April 24, 2020 view here.
Fair Work bullying and harassment guidelines view here.

State Administrative Tribunal WA (SAT)

IMPORTANT MESSAGE 1

Defences for use in Standards Panel complaints, from Court decisions (above) and successful reviews in SAT (below) include: Continue reading

How to find current WA Acts of Parliament

Using the LOCAL GOVERNMENT ACT 1995 as an example:
Go to https://www.legislation.wa.gov.au/

Click on ‘Acts … in Force

Click on ‘L’

Scroll down to find LOCAL GOVERNMENT ACT 1995

Download Act in PDF, Word or HTML, and/or search for any term in the Act.  
NB: Make sure you click on the current 1995 version, and not the repealed 1960 version.
NB: Laws are often amended, so if you have downloaded a version, always check it has not been changed before relying on it.