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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
ocal Government Amendment Bill 2013
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Local Government Act 1995
amended
3. Act amended 3
4. Section 2.46 inserted 3
2.46. Minister may advise Advisory Board about
Government policy 3
5. Section 4.88 amended 3
6. Section 5.99A amended 4
7. Sections 5.102AA to 5.102AC inserted 5
5.102AA. Apportionment of annual payments 5
5.102AB. Repayment of advance annual payments
if recipient ceases to hold office 5
5.102AC. Application of this Division to regional
local governments 6
8. Section 5.110A inserted 6
5.110A. Withdrawal of complaint of minor breach 6
9. Section 5.110 amended 8
10. Schedule 2.1 clause 1 amended 9
11. Schedule 2.1 clause 3 amended 9
12. Schedule 2.1 clause 4A inserted 10
4A. Formal inquiries may be combined 10
13. Schedule 2.1 clause 4 amended 10
14. Schedule 2.1 clause 5A inserted 10
5A. Submissions on metropolitan proposals
dispensed with temporarily 10
15. Schedule 2.1 clause 5 amended 11
16. Schedule 2.1 clause 6 amended 12
17. Schedule 2.1 clause 11 amended 12
32--2 page i
Local Government Amendment Bill 2013
Contents
18. Schedule 2.5 clause 2 amended 13
19. Schedule 2.5 clause 3 amended 13
20. Schedule 2.5 clause 4 amended 14
21. Schedule 2.5 clause 7 amended 14
22. Schedule 2.5 clause 11 amended 14
23. Schedule 9.3 Division 3 inserted 15
Division 3 -- Provisions for Local Government
Amendment Act 2013
45. Term used: amending Act 15
46. Part 5 Division 9: complaints 15
47. Schedule 2.1: proposals 15
48. Schedule 2.1: transitional arrangements 15
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Local Government Amendment Bill 2013
A Bill for
An Act to amend the Local Government Act 1995.
The Parliament of Western Australia enacts as follows:
page 1
Local Government Amendment Bill 2013
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Local Government Amendment Act 2013.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent;
8 (b) the rest of the Act -- on the day after that day.
page 2
Local Government Amendment Bill 2013
Local Government Act 1995 amended Part 2
s. 3
1 Part 2 -- Local Government Act 1995 amended
2 3. Act amended
3 This Act amends the Local Government Act 1995.
4 4. Section 2.46 inserted
5 At the end of Part 2 Division 8 insert:
6
7 2.46. Minister may advise Advisory Board about
8 Government policy
9 (1) The Minister may, in writing, advise the Advisory
10 Board about any general or specific policy of the
11 Government relating to local governments.
12 (2) In carrying out its functions under Schedule 2.1 or 2.2,
13 the Advisory Board does not have to act in accordance
14 with any Government policy advised to the Board by
15 the Minister under subsection (1).
16 (3) The text of any Government policy advised to the
17 Advisory Board under subsection (1) must be included
18 in the annual report submitted by the Advisory Board
19 under Schedule 2.5 clause 14.
20
21 5. Section 4.88 amended
22 (1) Delete section 4.88(1) and insert:
23
24 (1) A person must not, during the relevant period in
25 relation to an election --
26 (a) print, publish or distribute deceptive material;
27 or
page 3
Local Government Amendment Bill 2013
Part 2 Local Government Act 1995 amended
s. 6
1 (b) cause deceptive material to be printed,
2 published or distributed.
3 Penalty: a fine of $5 000 or imprisonment for one year.
4
5 (2) In section 4.88(2) delete "subsection (1)(a)" and insert:
6
7 subsection (1)
8
9 (3) Delete section 4.88(3).
10 Note: The heading to amended section 4.88 is to read:
11 Offence to print, publish or distribute misleading or deceptive
12 material
13 6. Section 5.99A amended
14 (1) In section 5.99A:
15 (a) delete "A local government" and insert:
16
17 (1) A local government
18
19 (b) after "pay all" insert:
20
21 eligible
22
23 (2) At the end of section 5.99A insert:
24
25 (2) For the purposes of subsection (1), a council member is
26 eligible to be paid an annual allowance under
27 subsection (1) for a type of expense only in the
28 following cases --
29 (a) in the case of an annual allowance that is paid
30 in advance, if it is reasonably likely that the
page 4
Local Government Amendment Bill 2013
Local Government Act 1995 amended Part 2
s. 7
1 council member will incur expenses of that type
2 during the period to which the allowance
3 relates;
4 (b) in the case of an annual allowance that is not
5 paid in advance, if the council member has
6 incurred expenses of that type during the period
7 to which the allowance relates.
8
9 7. Sections 5.102AA to 5.102AC inserted
10 At the end of Part 5 Division 8 insert:
11
12 5.102AA. Apportionment of annual payments
13 A determination made by the Salaries and Allowances
14 Tribunal under the Salaries and Allowances Act 1975
15 section 7B may provide for the payment of a
16 proportion of an annual allowance or annual fee
17 payable under this Division if a person holds the office
18 to which the allowance or fee relates for only part of a
19 year.
20 5.102AB. Repayment of advance annual payments if
21 recipient ceases to hold office
22 (1) This section applies if --
23 (a) a local government pays an annual allowance or
24 annual fee under this Division to a person in
25 advance (either wholly or in part); and
26 (b) the person ceases to hold the office to which the
27 allowance or fee relates before the end of the
28 period to which the advance payment relates.
page 5
Local Government Amendment Bill 2013
Part 2 Local Government Act 1995 amended
s. 8
1 (2) Regulations may be made --
2 (a) requiring the repayment to a local government,
3 to the extent determined in accordance with the
4 regulations, of an advance payment of an
5 annual allowance or annual fee in the
6 circumstances to which this section applies; and
7 (b) providing for a local government to recover any
8 amount repayable if it is not repaid.
9 5.102AC. Application of this Division to regional local
10 governments
11 (1) This Division applies, and is to be taken to have always
12 applied, in accordance with section 3.66(1) and (5) to
13 and in relation to regional local governments, members
14 and deputy members of the councils of regional local
15 governments and chairmen and deputy chairmen of
16 regional local governments.
17 (2) This section does not limit section 3.66.
18
19 8. Section 5.110A inserted
20 After section 5.109 insert:
21
22 5.110A. Withdrawal of complaint of minor breach
23 (1) This section applies to the following complaints --
24 (a) a complaint made under section 5.107, other
25 than a complaint that, under section 5.115, the
26 complaints officer has sent to the Departmental
27 CEO;
28 (b) a complaint made under section 5.114 that,
29 under section 5.108, the Departmental CEO has
30 sent to the complaints officer;
31 (c) a complaint made under section 5.109.
page 6
Local Government Amendment Bill 2013
Local Government Act 1995 amended Part 2
s. 8
1 (2) A person who has made a complaint to which this
2 section applies can withdraw the complaint at any time
3 before a standards panel does either of the things that it
4 is required to do under section 5.110(2) in relation to
5 the complaint.
6 (3) A withdrawal of a complaint --
7 (a) must be in writing; and
8 (b) must be sent to the member of the primary
9 standards panel who is appointed under
10 Schedule 5.1 clause 2(a).
11 (4) If a complaint is withdrawn --
12 (a) the member of the primary standards panel who
13 is appointed under Schedule 5.1 clause 2(a)
14 must, as soon as practicable after receiving the
15 withdrawal --
16 (i) give to the person who made the
17 complaint an acknowledgment in
18 writing that the withdrawal of the
19 complaint has been received; and
20 (ii) notify the council member about whom
21 the complaint was made and the
22 complaints officer that the complaint
23 has been withdrawn;
24 and
25 (b) neither the member of the primary standards
26 panel who is appointed under Schedule 5.1
27 clause 2(a) nor a standards panel is to take any
28 action or, as the case requires, any further
29 action under section 5.110 in relation to the
30 complaint; and
31 (c) a further complaint about the matter that is the
32 subject of the withdrawn complaint cannot be
33 made (whether by the original complainant or
34 anyone else) unless the member of the primary
page 7
Local Government Amendment Bill 2013
Part 2 Local Government Act 1995 amended
s. 9
1 standards panel who is appointed under
2 Schedule 5.1 clause 2(a) is satisfied that it is
3 appropriate to do so in the circumstances.
4 (5) Without limiting subsection (2), a complaint cannot be
5 withdrawn if, under section 5.111, a standards panel
6 has sent the complaint to the Departmental CEO, even
7 if the Departmental CEO subsequently decides not to
8 make an allegation under section 5.112(2).
9 (6) Despite subsection (4) --
10 (a) even though a complaint has been withdrawn, a
11 standards panel can deal with the complaint as
12 if it had not been withdrawn if the member of
13 the primary standards panel who is appointed
14 under Schedule 5.1 clause 2(a) is satisfied that
15 it is appropriate to do so in the circumstances;
16 and
17 (b) if paragraph (a) applies, the member of the
18 primary standards panel who is appointed under
19 Schedule 5.1 clause 2(a) must notify the parties
20 and the complaints officer that a standards
21 panel is to deal with the complaint.
22
23 9. Section 5.110 amended
24 (1) After section 5.110(2) insert:
25
26 (3A) However, a standards panel can at any stage of its
27 proceedings refuse to deal with a complaint if the
28 standards panel is satisfied that the complaint is
29 frivolous, vexatious, misconceived or without
30 substance.
31
page 8
Local Government Amendment Bill 2013
Local Government Act 1995 amended Part 2
s. 10
1 (2) Delete section 5.110(4) and insert:
2
3 (4) A standards panel must give each party written notice
4 of the reasons for --
5 (a) any finding it makes under subsection (2); or
6 (b) any refusal under subsection (3A) to deal with a
7 complaint.
8
9 10. Schedule 2.1 clause 1 amended
10 In Schedule 2.1 clause 1 insert in alphabetical order:
11
12 metropolitan proposal means a proposal that directly affects
13 a local government that is located within the metropolitan
14 area;
15
16 11. Schedule 2.1 clause 3 amended
17 Delete Schedule 2.1 clause 3(4) and insert:
18
19 (4) Unless it makes a recommendation under subclause (2) or
20 (3) or unless a deferral of a formal inquiry is in force under
21 subclause (5), the Advisory Board is to formally inquire into
22 the proposal.
23 (5) The Advisory Board may decide* to defer a formal inquiry
24 into a proposal if the Board considers that the deferral is
25 necessary or desirable to enable the Board to conduct one
26 formal inquiry in accordance with clause 4A into that
27 proposal and any other proposal that has already been made
28 to the Board or that the Board knows or reasonably
29 anticipates will be made to the Board.
30 * Absolute majority required.
page 9
Local Government Amendment Bill 2013
Part 2 Local Government Act 1995 amended
s. 12
1 (6) A deferral under subclause (5) may be for whatever period
2 the Advisory Board considers appropriate, and the Board
3 may at any time decide* to vary or rescind a deferral.
4 * Absolute majority required.
5
6 12. Schedule 2.1 clause 4A inserted
7 After Schedule 2.1 clause 3 insert:
8
9 4A. Formal inquiries may be combined
10 The Advisory Board may decide* to conduct one formal
11 inquiry into 2 or more proposals if the Board considers that
12 the proposals are related, and in that case this Act applies as
13 if the proposals were one proposal.
14 * Absolute majority required.
15
16 13. Schedule 2.1 clause 4 amended
17 In Schedule 2.1 clause 4(2)(c) and (4)(b) before "advise" insert:
18
19 unless clause 5A applies,
20
21 14. Schedule 2.1 clause 5A inserted
22 After Schedule 2.1 clause 4 insert:
23
24 5A. Submissions on metropolitan proposals dispensed with
25 temporarily
26 (1) This clause applies to and in relation to any metropolitan
27 proposal in respect of which a notice and report are given
28 under clause 4(1) or (3) in the period that --
29 (a) begins on the day on which the Local Government
30 Amendment Act 2013 Part 2 comes into operation;
31 and
page 10
Local Government Amendment Bill 2013
Local Government Act 1995 amended Part 2
s. 15
1 (b) ends at the close of the later of --
2 (i) 31 December 2016; or
3 (ii) a later day appointed by the Governor under
4 subclause (3).
5 (2) If this clause applies to and in relation to a metropolitan
6 proposal --
7 (a) clause 4(2)(c) does not apply to and in relation to
8 the proposal; and
9 (b) even though the Advisory Board has already given a
10 notice and report under clause 4(1) in respect of the
11 proposal, the Advisory Board can subsequently
12 revise the scope of the formal inquiry into the
13 proposal under clause 4(3), and in that case
14 clause 4(4)(b) does not apply to and in relation to
15 the proposal; and
16 (c) the Advisory Board is not required to call for
17 submissions about --
18 (i) the proposal; or
19 (ii) the scope or, as the case requires, the
20 revised scope of the formal inquiry into the
21 proposal.
22 (3) The Governor may, by order, appoint a day for the purposes
23 of subclause (1)(b)(ii).
24 (4) An order made under subclause (3) is subsidiary legislation
25 for the purposes of the Interpretation Act 1984, and
26 section 42 of that Act applies to and in relation to an order
27 as if the order were a regulation.
28
29 15. Schedule 2.1 clause 5 amended
30 After Schedule 2.1 clause 5(2) insert:
31
32 (3) This clause is subject to clause 5A(2).
33
page 11
Local Government Amendment Bill 2013
Part 2 Local Government Act 1995 amended
s. 16
1 16. Schedule 2.1 clause 6 amended
2 After Schedule 2.1 clause 6(2) insert:
3
4 (3) However, the Advisory Board is not required to comply
5 with subclause (2) in relation to a recommendation if --
6 (a) the proposal into which the Board formally inquired
7 is a metropolitan proposal to which clause 5A
8 applies; and
9 (b) the Board decides* that, in the circumstances of the
10 particular case, compliance with the procedures in
11 that subclause would serve no useful purpose.
12 * Absolute majority required.
13
14 17. Schedule 2.1 clause 11 amended
15 After Schedule 2.1 clause 11(4) insert:
16
17 (5A) The value of compensation required to be made under
18 subclause (4)(a) to a person whose contract of employment
19 with a local government is terminated or varied is not to
20 exceed in total --
21 (a) in the case of a person whose contract of
22 employment is terminated --
23 (i) if the person's employment is governed by
24 a written contract in accordance with
25 section 5.39, the maximum amount of
26 money to which the person is entitled, under
27 that contract, if the contract is terminated
28 before the expiry date; or
29 (ii) in any other case, the value of the person's
30 final annual remuneration, as calculated in
31 accordance with regulations made for the
32 purposes of section 5.50(3);
33 or
page 12
Local Government Amendment Bill 2013
Local Government Act 1995 amended Part 2
s. 18
1 (b) in the case of a person whose contract of
2 employment is varied, the amount that the person
3 would have been entitled to if the person's contract
4 of employment had been terminated before the
5 expiry date.
6
7 18. Schedule 2.5 clause 2 amended
8 In Schedule 2.5 clause 2:
9 (a) delete "5 members" and insert:
10
11 9 members
12
13 (b) in paragraph (b) delete "2 persons" and insert:
14
15 4 persons
16
17 (c) after paragraph (c) insert:
18
19 (da) 2 persons are to be nominated by the Minister to
20 represent the interests of the community; and
21
22 19. Schedule 2.5 clause 3 amended
23 Delete Schedule 2.5 clause 3(1) and insert:
24
25 (1) The Governor may appoint a deputy for any member
26 appointed under clause 2(b), (c), (da) or (d).
27
page 13
Local Government Amendment Bill 2013
Part 2 Local Government Act 1995 amended
s. 20
1 20. Schedule 2.5 clause 4 amended
2 In Schedule 2.5 clause 4(1) delete "9 persons" and insert:
3
4 12 persons
5
6 21. Schedule 2.5 clause 7 amended
7 In Schedule 2.5 clause 7(3) delete "3" and insert:
8
9 5
10
11 22. Schedule 2.5 clause 11 amended
12 (1) In Schedule 2.5 clause 11(2):
13 (a) in paragraph (b) delete "2 persons" and insert:
14
15 4 persons
16
17 (b) after paragraph (c) insert:
18
19 (da) the 2 persons appointed as members under
20 clause 2(da); and
21
22 (2) In Schedule 2.5 clause 11(3b) delete "3," and insert:
23
24 5,
25
26 (3) In Schedule 2.5 clause 11(7) after "appointed under" insert:
27
28 clause 2(da) or
29
page 14
Local Government Amendment Bill 2013
Local Government Act 1995 amended Part 2
s. 23
1 23. Schedule 9.3 Division 3 inserted
2 After Schedule 9.3 Division 2 insert:
3
4 Division 3 -- Provisions for Local Government Amendment
5 Act 2013
6 45. Term used: amending Act
7 In this Division --
8 amending Act means the Local Government Amendment
9 Act 2013.
10 46. Part 5 Division 9: complaints
11 Sections 5.110A and 5.110 (as amended by the amending
12 Act) apply to and in relation to a complaint whether made
13 before or after the amending Act Part 2 comes into
14 operation.
15 47. Schedule 2.1: proposals
16 (1) Schedule 2.1 clause 3 (as amended by the amending Act)
17 and clause 4A apply to and in relation to a proposal whether
18 made before or after the amending Act Part 2 comes into
19 operation.
20 (2) Schedule 2.1 clause 5A applies to and in relation to a
21 proposal whether made before or after the amending Act
22 Part 2 comes into operation.
23 48. Schedule 2.1: transitional arrangements
24 Schedule 2.1 clause 11(5A) applies to and in relation to the
25 termination or variation of a contract of employment
26 whether entered into before or after the amending Act Part 2
27 comes into operation.
28
29
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