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
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
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:
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.
AYTON -v- CITY OF ARMADALE  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:
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