Author Archives: lgema

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

LOCAL GOVERNMENT OVERSIGHT WORKSHOP

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When: 10. 30am Sunday 12 June 2022
Where: Zoom Meeting
Cost: Free for Members, Donations welcome

UPCOMING CHANGES to INDUSTRIAL RELATIONS LAW
Mr Daniel White: Employment Lawyer
New Work Health and Safety Act
… EM protection from psychological harm, coercion
… CEO and employee employment arrangements
… CEO risk and harm minimisation management obligations

12.00 MD ROLE OF OMBUDSMAN IN LOCAL GOVERNMENT OVERSIGHT
Mrs Mary White Deputy Ombudsman
… what EMs can refer to Ombudsman

Please download Agenda here >> LOCAL GOVERNMENT OVERSIGHT WORKSHOP 7 FINAL

LGEMA DLGSC Local Government Reform Submission

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LGEMA have completed their submission in support of Local Government Elected Members in response to the current  DLGSC Local Government Reform – Summary of Proposed Reforms (the Proposals), with our evidence based submissions directed to improving the effectiveness of and correcting the current flaws in the LG Act framework and local government structures so as to achieve good governance, transparency and accountability to better inform the state government response , and to improve the safety of the local government workplace for Elected Members and remove the current obstacles to better local government of locality outcomes.

You can download a copy of the submission here LGEMA-Submission-DLGSC-Law Reform-FINAL (1MB pdf)

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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