29 November Post

Integrity Framework

Many LGs Have No Integrity Frameworks. Prudent Councils will be providing for development/strengthening robust Integrity Framework in upcoming budgets using PSC templates here … https://www.wa.gov.au/…/integrity-framework-resources

PSC State of the WA Government Sector Workforce 2023-24 Report shows for LG that 145 LGs (including 8 regional LGs):

• have average of 63.5% permanent full time FTEs, 12.7% permanent part time FTEs

• have 18,923 FTE employees, of which 56.2% female

• have median FTE salary $76,005 • gender pay gap widened, with median salary for women 0.9% lower than men, up from 0.2%.

• around 25% employees completed aboriginal awareness training in last 3 years Scrutiny data shows that:

• public authorities reported finalising 2,476 discipline processes in 2023-24, where more than one third (34.7%) related to LG employees

• of 500 PSC finalised “minor misconduct” complaints, 69 were from LG; with major percentage of total from assault, bullying, harassment

• Equal Employment Opportunity & Integrity and Conduct has annual collection samples from every LG Many disturbing LG answers, can be seen in PSC statistical bulletin.

https://www.wa.gov.au/…/state-of-the-wa-government…

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28 November 2024 Post 

Bill 181 Passed by WA Government – already Compromised Elected Members – Whistleblower Safety Blown up By Parliament

See our Media Release on Bill 181 here: 

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23 November 2024 POST

Site Inspection & EM Role

“It is well known that part of a politician’s role is to assist in the resolution of a constituent’s problems.  As the Tribunal acknowledged, seeking to involve politicians to assist with the resolution of problems is a common and legitimate approach to problem-solving in our democracy”: Lovegrove Investments Pty Ltd v Shire of Waroona [2024] WASC 321 para.86

An EM cannot attend a site inspection on behalf of the LG (unless delegated to do so by Council) because this is an operational matter.

However, an EM can undertake a site inspection on behalf of themselves to inform EM about a constituent complaint.

https://lgema.asn.au/eCourtsPortalDecision

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22 November 2024 POST

Successful Judicial Review Overturns Development Approval

Supreme Court judicial review decision shows how a development approval can be infected with jurisdictional error by,

• not complying with scheme deemed provisions and wrongly applying inconsistent planning scheme provision
• not giving active or positive consideration to proposed development’s consistency with zone objectives
• misconstruing zone objectives,

leading to Supreme Court writ of certiorari to quash decision and send back to LG to make again. Unusually, Shire did not make any submissions to court to defend its decision once it had seen applicant’s case/pleadings.

“George & Anor v Shire of Irwin & Anor [2024] WASC 418”

https://lgema.asn.au/9RleCourtsPortalDecision

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21 November 2024 POST

Fire Break Notices Mean What They Say

Congratulations to Shire of Waroona for not permitting a firebreak notice to be used to justify unlawful land clearing and for issuing remedial Direction to cease the unlawful development, restore the land which required planting of endemic flora and fauna, and relocating cleared trees and branches back to the unlawfully cleared area, see:

“Lovegrove Investments Pty Ltd v Shire of Waroona [2024] WASC 321”

https://lgema.asn.au/kSFeCourtsPortalDecisions

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20 November 2024 POST

Watercourse and Wetland Protection by LG Local Laws

WA Supreme Court has reminded us of power of LGs to stop or restrict take of water from wetlands and watercourse on private property for private use through a local law.

This long sorry saga from Denmark shows how Councils must be vigilant about dam building and fresh water taking, and retrospective approvals.

A former World Bank vice president advised us in 1995 that, “i]f the wars of this century were fought over oil, the wars of the next century will be fought over water “

And so it was in “Crossley v English [No 2] [2024] WASC 268”

https://lgema.asn.au/A9deCourtsPortalDecisions

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13 November 2024 POST

No LG wanting a fair election would use postal voting

Postal ballot tampering in two more Victorian LGs, after similar problems in another Victorian LG in 2020.

https://www.theguardian.com/australia-news/2024/nov/13/melbourne-council-elections-postal-vote-tampering-investigation-knox-whittlesea-ntwnfb

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12 November 2024 POST

LG Contractors

Widespread use of LG contractors:

• enfeebles LG workforces
• masks poor workforce capability
• reduces employee accountability
• leads to provision of reports sourced by CEOs or other employees, which may not be independent or unbiased, obtained to support employees’ position or opinion; and which may be labelled not accurately as peer advice,  expert report, expert recommendation, expert opinion, an audit or legal advice, say for the purpose of avoiding employees exposure to disciplinary measures, minimising performance consequences of administrative wrongs, or to promote a particular outcome desired by CEO/other employee, which Council does not want; and thus can be used to buttress CEOs’ personal objectives by rebutting Council or community opinion or aspirations, with contractors masquerading as unbiased experts.

The consulting industry weakens our business, infantilizes our governments, and warps our economics “The Big Con: How the Consulting Industry Weakens Our Businesses, Infantilizes Our Governments, and Warps Our Economies”, by Mariana Mazzucato and Rosie Collington, 7 March 2023 | ISBN 9780593492673

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7 November 2024 POST

Volunteer Thank You and Warning

It is timely to remember that all your posts, emails, messengers, even as as a volunteer who is not a party to a proceeding, can be subpoenaed by a court in material proceedings; as all volunteers who have been supporting former Nedlands Elected Member Andrew Mangano through his defamation trial (for something he said in a Council meeting) have discovered.

Be wary what you say in discoverable communications!

On World Volunteer Day 6 December, we get ready to thank all LGEMA Elected Member, former Elected Members and Associate Members for the work you do to foster better local government in the public interest.

On World Volunteer Day, how will your LG recognise your volunteer work ?
https://www.volunteeringaustralia.org/get-involved/events/international-volunteer-day/#/

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2 November 2024 POST

Kate Chaney Sustainability Fair

Claremont Showgrounds 10am – 4 pm.  LGEMA is partnering to share a stall with Urban Bushland Council. Come and see us there!

https://www.katechaney.com.au/curtin-sustainability-fair-2024

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2 November 2024 POST

LG whistleblowing

Public Interest Disclosures (PIDs) (whistleblower complaints) can be made anonymously (or not anonymous) to Ombudsman about EMs or employees.

PID complaints that relate to offence under ANY written law (including LG Act), can be made to police anonymously.

https://www.ombudsman.wa.gov.au/Complaints/PID.htm

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30 October 2024 POST

Impact of State Agreements on LGs

On 30 October 2024: OAG published report on “Management of State Agreements” by Department of Jobs, Tourism, Science and Innovation (JTSI).

JTSI records state agreement proponents spent approximately over $665 million on WA community and social benefits in the 2021-22 financial year, which included community grant programs, social investment, local government support.

OAG reports that LG entities and regional development councils advised that they would like more collective approach when state agreements are updated and varied to ensure local communities interests are appropriately considered. Some LGs also asked for more input into any community development or funding initiatives by proponents.

OAG met with,

• Shire of Collie
• City of Karratha
• Shire of Ashburton.

Does anyone know if this consultation reached Council, Elected Members or the community?

Management of State Agreements – Office of the Auditor General

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29 October 2024 POST

OAG Audit of LG Road Maintenance

OAG currently auditing LGs’ road maintenance.  OAG advises,

• LGs spend significant budget portion on transport, primarily the local road network.
• Well-maintained local road networks contribute to positive safety, economic and social outcomes for the community.
• Local roads in regional areas have been identified at most risk of maintaining, most in need of funding and where councils require greater support to help manage these roads.
• Roads which are not maintained impact people, the economy, road safety and creates a financial liability into the future. There is a risk that roads may deteriorate if maintenance needs are not met.

OAG is assessing if regional LGs effectively manage local roads’ maintenance.

OAG performance criteria will include, but not limited to:

• Do LGs have appropriate information and data on condition of the roads they own/or are responsible for?
• What funding is available to LGs and are they accessing  available funding?
• Do LGs have a structured and risk based process to prioritise, d fix roads in poor condition?

Please send in your stories to OAG

Have your say

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28 October 2024 POST

Façade of Councils in Control of Zoning, Subdivision and Development

LG Councils are merely administrators of planning policy outcomes and development decision outcomes, as state government agents.

LG Councils have few finalisation powers and many of those have shifted to their CEO (residential dwellings) and will shift to their CEO (DAPs) under Local Government Amendment Act 2024.

Councils do all the work and bear the administration costs (employ planners, implement required process and practice, call for and receive and process submissions and prosecute unlawful development etc etc) and take the heat/reputational harm for outcomes state government controls/decides.

State governments responsible for development amenity outcomes.

System set up for and embedding development corruption in WA and rewarding political donors.

A really angry Council might stop making development decisions, make their statutory planning employees redundant. and let all DAs go to SAT as deemed refusals because that’s where they go anyway if Council does not approve a development… but then the LG Minister might sack them for trying to protest about what the state government is doing to the amenity of their District.

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25 October 2024 POST

Court of Disputed Returns

Court of Disputed Returns Hearing into the Fremantle Election, commenced by Maria Vujcic complaint finished yesterday, decision reserved. Neither the WAEC commissioner or deputy Commissioner gave evidence. Congratulations to the many concerned community members who came to court and testified – a stressful challenge for anyone and one which WAEC Commissioner did not undertake. WAEC employee evidence was disturbing, extraordinary and breathtaking to observers in its disclosures  which prompted the Magistrate to state near the end of the final day,
“It is not my role to punish the WAEC”.  which prompts us to ask everyone to ask, Whose role is it?

One suggestion is the OAG.  On the OAG “contact us/have a say” website portal please ask the OAG to obtain and read the hearing transcript and audit the WAEC conduct of LG postal elections before the next election. No sensible LG would hold a postal election until such an audit has been carried out.

https://audit.wa.gov.au/contact-us/

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 22 October 2024 Post 

New State Planning Policy 3.7 on Land Use and Bushfire Risk

24 September 2024: DPLH  released new SPP 3.7 Planning for Bushfire Prone Areas to be operational from 18 November 2024 to provide the foundation for land use planning to address bushfire management in Western Australia. It is to be used to inform and guide decision makers, referral agencies, and landowners/proponents to help achieve acceptable bushfire protection outcomes.

SPP 3.7 applies to all bushfire prone designated land

SPP 3.7 Clause 7.3 provides as follows:

Siting in BAL-40 or BAL-Flame Zone i.

… presumption against approving development site(s) or habitable building(s) in areas with radiant heat impact exceeding 29kW/m2 (BAL-40 or BAL-FZ).

… siting of habitable building not considered vulnerable may be considered in following limited circumstances,

• lot created prior to December 2015; and
• demonstrated site characteristics and/or environmental, biodiversity or conservation values that prevent the achievement of a radiant heat impact not exceeding 29 kW/m2 (BAL-29); and
• demonstrated that building footprint reduction or redesign to manage or mitigate the risk, is not practical or appropriate.

https://lgema.asn.au/9f5StatePlanningPolicy3.7

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18 October 2024 Post

LG Tree Local Planning Policy

All LGs wanting to preserve and enhance their urban tree canopy for climate change adaptation, our native fauna, human health and safety, and to increase property values will:

1. Adopt a tree protection local planning policy (which sets Council’s strategic position, is not binding on decision makers but informs local laws and scheme amendments to make tree protection binding), and then
2. Make appropriate budget allocations for tree protection and preservation;  and then
3. Make a Local Law to protect trees on local government property (including verges), and then
4. Make an amendment to their planning scheme to make significant tree protection on private property binding (which the planning minister may reject, as he did in Nedlands, but sends strong message to state government if enough councils do this).

LGEMA Urban Tree Canopy Law and Policy Reform

A stepped program for Elected Members and community members aspiring to protect and enhance the urban tree canopy here

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17 October 2024 Post 

Grey Corruption of WA Development Assessment SEEDS Rot of Local Amenity

Planning Scheme Regs requires Local Planning Strategy (Strategy) and Planning Act requires Local Planning Scheme (Scheme) for each LG.

GREY CORRUPTION is legislated/lawful corruption.

1. WAPC can approve, amend or refuse Strategy adopted by Council and Planning Minister (being member of a party that receives donations from property developers) can refuse, amend or endorse Scheme adopted by Council.
2. The Strategy must be adopted in compliance with Planning Scheme Regs requirements and must precede or be prepared concurrently with Scheme and on which the Scheme must be based.
3. The Strategy is the Policy on which the Scheme is based but is not binding on decision makers unless it is in a binding Scheme requirement.
4. Planning Regs (made by Governor on recommendation of LG Minister – being member of a party that receives donations from property developers) provide mandatory model Local Planning Scheme, which LGS must use but which can be added to but cannot be departed from.
5. Schemes have black and white requirements and in between are discretionary decisions.
6. Discretionary decisions foster grey and direct corruption, which is where deteriorating amenity of your local area Rot starts.
7. The Rot is fostered by the absence in WA  of  neighbour (third party) merits review of development approvals that harm them (WA only state or territory without them), where each political party receives donations from property developers who di not want TPMARs
8. The Scheme is binding subsidiary legislation.
9. The Planning Minister can change a Scheme/all schemes without consent of Council/Councils against which there is no appeal or review right, and Minister has complete control of all zoning decisions.
10. The Planning Minister (being member of a party that receives donations from property developers)  and parliament decide which development decisions have to be decided by SDAU, DAP and who sits on those bodies.
11. The Planning Minister (being member of a party that receives donations from property developers) regulates many of the development costs incurred by LGs, which are often below actual cost of delivery of an assessment service, which difference the ratepayers pay.
12. Departure from legal requirements of Planning Act or Scheme in any DEVELOPMENT DECISION can be taken to the Supreme Court by affected third parties.
13. Affected third parties CANNOT seek review in State Administrative Tribunal (SAT) of the merits of a development APPROVAL, which is an unmeritorious departure from a state or local planning policy, which harms the neighbour.
14. Developers in receipt of a development REFUSAL CAN seek merits review in SAT.
15. SAT members are appointed by the government and those who review development decisions are not necessarily legally qualified.
16. Absence of third party (neighbour) merits review rights are legislated grey corruption.
17. Liberal, National and Labor parties receive political donations from property developers.
18. Liberal, National and Labor parties do not support third party (neighbour) merits review rights.

#planninganddevelopment #greycorruption #development corruption

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16 October 2024 Post

Victorian IBAC (WA CCC equivalent) Operation Leo

Operation Leo showed Councillors (EMs) at Moonee Valley Council (MVC) sought to influence MVCC decisions, sought preferential outcomes to benefit their personal relationships and interests, especially in relation to a sporting club.

In response to LG corruption vulnerabilities, shown in Operation Sandon and Operation Leo, IBAC recommended,

• mandatory training for EMs), which includes training on governance, leadership, and integrity
• uniform mandatory code of conduct for all EMs
• tightening regulation of pre-council meetings, prohibiting ‘en-bloc’ or collective voting where multiple agenda items are voted on at the same time
• improved record-keeping of meetings
• tightening governance of conflicts of interest including improving transparency of conflict of interest disclosures
• prohibiting conflicted EMs from attempting to influence other councillors
• strengthening complaints processes, ensuring any sanctions for misconduct are adequate, transparent
• separation between the duties and powers of EMs and employees to promote confidence in the impartiality and rigour of employee’s advice, recommendations
• community should be able to clearly see how, why a decision was made, what information, advice and consultation council considered, which legislative requirements (when relevant) council followed
• include in EM Model Code of Conduct clear expectation that EMs report suspected corrupt conduct; includes guidance on how EMs should report such conduct, including how to ensure compliance with the Public Interest Disclosures Act

IBAC Operation Leo special report – October 2024.PDF

In WA, we have most of what IBAC recommended but have not seen any noticeable improvements. Each Council can adopt proposed changes not operative in WA.

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15 October 2024 Post 

Office of Auditor General & LG credit cards, gifts and roads

OAG upcoming local government audits reports on LG Performance need your input

Email your concerns and stories to OAG at have your say

Purchasing Cards: are there effective controls of issue, use, cancellation

Gifts and Benefits: policy and regulation compliance, records, appropriate accepting and declining, management of arising conflicts of interest

https://audit.wa.gov.au/audit-program/audits-in-progress/

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