Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
ocal Government Legislation Amendment
Bill 2019
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Local Government Act 1995
amended
3. Act amended 3
4. Section 1.4 amended 3
5. Sections 1.7 and 1.8 replaced 3
1.7. Local public notice 3
1.8. Statewide public notice 3
6. Section 1.10 deleted 3
7. Section 2.11 amended 4
8. Section 3.12 amended 4
9. Section 3.16 amended 4
10. Section 3.17 amended 5
11. Section 3.59 amended 5
12. Section 4.32 amended 5
13. Section 4.39 amended 5
14. Section 4.47 amended 6
15. Section 4.48 amended 6
16. Section 4.52 amended 7
17. Section 4.64 amended 8
18. Section 5.10 amended 8
19. Section 5.17 amended 8
20. Section 5.29 amended 9
21. Section 5.38 replaced 9
5.38. Annual review of employees' performance 9
119--2 page i
Local Government Legislation Amendment Bill 2019
Contents
22. Sections 5.39A to 5.39C inserted 9
5.39A. Model standards for CEO recruitment,
performance and termination 9
5.39B. Adoption of model standards 10
5.39C. Policy for temporary employment or
appointment of CEO 11
23. Section 5.43 amended 11
24. Section 5.50 amended 12
25. Section 5.51A inserted 12
5.51A. Code of conduct for employees 12
26. Part 5 Division 6 heading amended 13
27. Part 5 Division 6 Subdivision 1A inserted 13
Subdivision 1A -- Preliminary
5.57. Terms used 13
5.58. Provisions about gifts 14
28. Section 5.59 amended 14
29. Section 5.62 amended 15
30. Section 5.68 amended 16
31. Section 5.69 amended 17
32. Section 5.70 amended 17
33. Sections 5.71A and 5.71B inserted 18
5.71A. CEOs to disclose interests relating to gifts
in connection with advice or reports 18
5.71B. Council or Minister may allow CEOs to
provide advice or reports 19
34. Section 5.72 amended 20
35. Section 5.73 amended 20
36. Section 5.74 amended 20
37. Sections 5.82 and 5.83 deleted 21
38. Part 5 Division 6 Subdivision 2A inserted 21
Subdivision 2A -- Disclosure of gifts
5.87A. Council members to disclose gifts 21
5.87B. CEOs to disclose gifts 22
5.87C. Provisions about disclosure 22
39. Section 5.88 amended 23
40. Section 5.89A amended 23
41. Section 5.89B deleted 25
42. Section 5.89 amended 25
43. Section 5.90 amended 25
44. Part 5 Division 6A inserted 26
Division 6A -- Attendance at events
5.90A. Policy for attendance at events 26
45. Section 5.94 amended 27
page ii
Local Government Legislation Amendment Bill 2019
Contents
46. Section 5.95 amended 28
47. Section 5.96A inserted 28
5.96A. Information published on official website 28
48. Part 5 Division 9 heading amended 30
49. Section 5.102A amended 30
50. Sections 5.103 and 5.104 replaced 30
5.103. Model code of conduct for council
members, committee members and
candidates 30
5.104. Adoption of model code of conduct 31
51. Section 5.105 amended 32
52. Section 5.107 amended 33
53. Section 5.108 amended 33
54. Section 5.109 amended 33
55. Section 5.110 amended 34
56. Section 5.118 amended 35
57. Section 5.120 replaced 36
5.120. Complaints officer 36
58. Section 5.121 amended 36
59. Section 5.123 amended 37
60. Section 5.125 amended 38
61. Part 5 Division 10 inserted 39
Division 10 -- Training and development
5.126. Training for council members 39
5.127. Report on training 39
5.128. Policy for continuing professional
development 39
62. Section 6.36 amended 40
63. Section 6.41 amended 41
64. Section 9.10 replaced 41
9.10. Appointment of authorised persons 41
65. Section 9.13 amended 43
66. Section 9.15 amended 43
67. Section 9.25 amended 43
68. Section 9.49A amended 44
69. Section 9.57A inserted 44
9.57A. Local government protected from liability
for defamation: council proceedings on
website 44
70. Schedule 2.4 amended 45
71. Schedule 2.5 amended 45
72. Schedule 5.1 amended 45
73. Schedule 6.3 amended 46
page iii
Local Government Legislation Amendment Bill 2019
Contents
74. Schedule 9.3 amended 46
Division 5 -- Provisions for the Local Government
Legislation Amendment Act 2019
55. Authorised persons 46
56. Register of gifts 47
Part 3 -- Local Government
(Miscellaneous Provisions)
Act 1960 amended
75. Act amended 48
76. Section 450 amended 48
77. Section 451 amended 48
78. Section 463 amended 48
79. Section 464 amended 49
80. Section 469 amended 49
81. Section 470 amended 50
82. Section 474 amended 50
Part 4 -- Other Acts amended
Division 1 -- Caravan Parks and Camping
Grounds Act 1995 amended
83. Act amended 51
84. Section 5 amended 51
85. Section 17 amended 51
86. Section 17A inserted 52
17A. Assistance from member of Police Force 52
87. Section 23 amended 52
88. Part 6 heading inserted 53
Part 6 -- Transitional provisions
89. Section 35 inserted 53
35. Transitional provision for Local
Government Legislation Amendment
Act 2019 53
Division 2 -- Cat Act 2011 amended
90. Act amended 53
91. Section 3 amended 54
92. Part 4 Division 3 Subdivision 1 deleted 54
93. Section 62 amended 54
page iv
Local Government Legislation Amendment Bill 2019
Contents
94. Part 7 inserted 54
Part 7 -- Transitional provisions
87. Transitional provision for Local
Government Legislation Amendment
Act 2019 54
Division 3 -- Cemeteries Act 1986 amended
95. Act amended 55
96. Section 3 amended 55
97. Section 64 amended 55
98. Schedule 2 amended 56
Division 1 -- Provisions for repealed Act
Division 2 -- Provision for Local Government
Legislation Amendment Act 2019
10. Authorised persons 57
Division 4 -- Control of Vehicles (Off-road
Areas) Act 1978 amended
99. Act amended 57
100. Section 3 amended 57
101. Section 5 amended 57
102. Section 38 amended 58
103. Section 49 inserted 60
49. Transitional provision for Local
Government Legislation Amendment
Act 2019 60
104. Various references to "authorised officer"
amended 60
Division 5 -- Dog Act 1976 amended
105. Act amended 61
106. Section 3 amended 61
107. Section 11 amended 61
108. Section 11A inserted 61
11A. Authorised persons 61
109. Section 29 amended 62
110. Part XI Division 1 heading amended 62
111. Part XI Division 2 inserted 62
Division 2 -- Transitional provision for the Local
Government Legislation Amendment Act 2019
61. Authorised persons 62
page v
Western Australia
LEGISLATIVE ASSEMBLY
Local Government Legislation Amendment
Bill 2019
A Bill for
An Act to amend the Local Government Act 1995, the Local
Government (Miscellaneous Provisions) Act 1960 and certain other
Acts.
The Parliament of Western Australia enacts as follows:
page 1
Local Government Legislation Amendment Bill 2019
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Local Government Legislation Amendment Act 2019.
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 (assent day);
8 (b) sections 5, 13 to 17, 20, 24, 25 to 44, 48 to 51,
9 57, 61, 64 to 68, 74 and Part 4 -- on a day fixed by
10 proclamation, and different days may be fixed for
11 different provisions;
12 (c) the rest of the Act -- on the day after assent day.
page 2
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 3
1 Part 2 -- Local Government Act 1995 amended
2 3. Act amended
3 This Part amends the Local Government Act 1995.
4 4. Section 1.4 amended
5 In section 1.4 delete the definition of 75% majority.
6 5. Sections 1.7 and 1.8 replaced
7 Delete sections 1.7 and 1.8 and insert:
8
9 1.7. Local public notice
10 Where under this Act local public notice of a matter is
11 required to be given, notice of the matter must be --
12 (a) published on the official website of the local
13 government concerned in accordance with the
14 regulations; and
15 (b) given in at least 3 of the ways prescribed for the
16 purposes of this section.
17 1.8. Statewide public notice
18 Where under this Act Statewide public notice of a
19 matter is required to be given, notice of the matter must
20 be given in accordance with section 1.7(a) and (b) and
21 the requirements prescribed for the purposes of this
22 section.
23
24 6. Section 1.10 deleted
25 Delete section 1.10.
page 3
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 7
1 7. Section 2.11 amended
2 In the footnote to section 2.11(2) delete "* Special" and insert:
3
4 * Absolute
5
6 8. Section 3.12 amended
7 (1) In section 3.12(3)(a) delete "Statewide" and insert:
8
9 local
10
11 (2) Delete section 3.12(3a).
12 (3) Delete section 3.12(6)(c) and insert:
13
14 (c) advising that the local law is published on the
15 local government's official website and that
16 copies of the local law may be inspected at or
17 obtained from the local government's office.
18
19 9. Section 3.16 amended
20 (1) In section 3.16(2) delete "Statewide" and insert:
21
22 local
23
24 (2) Delete section 3.16(2a).
page 4
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 10
1 10. Section 3.17 amended
2 After section 3.17(4) insert:
3
4 (5) The reference in the Interpretation Act 1984
5 section 42(8)(b) to local laws includes local laws made
6 under this section by the Governor.
7
8 11. Section 3.59 amended
9 (1) In section 3.59(4):
10 (a) in paragraph (b) delete "notice." and insert:
11
12 notice; and
13
14 (b) after paragraph (b) insert:
15
16 (c) publish a copy of the business plan on the local
17 government's official website.
18
19 (2) Delete section 3.59(5a).
20 12. Section 4.32 amended
21 In section 4.32(3) delete "section 4.31(1)(c)" and insert:
22
23 section 4.31(1C)
24
25 13. Section 4.39 amended
26 Delete section 4.39(2) and insert:
27
28 (2) Statewide public notice of the time and date of the
29 close of enrolments must be given on or after the
page 5
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 14
1 70th day, but not later than on the 56th day, before
2 election day by --
3 (a) the Electoral Commissioner if the Electoral
4 Commissioner is responsible for the conduct of
5 the election; or
6 (b) the CEO in any other case.
7
8 14. Section 4.47 amended
9 Delete section 4.47(1) and insert:
10
11 (1) Statewide public notice calling for nominations of
12 candidates for the election must be given on or after the
13 56th day, but not later than on the 45th day, before
14 election day by --
15 (a) the Electoral Commissioner if the Electoral
16 Commissioner is responsible for the conduct of
17 the election; or
18 (b) the returning officer in any other case.
19
20 15. Section 4.48 amended
21 (1) In section 4.48(1):
22 (a) in paragraph (c) delete "day." and insert:
23
24 day; and
25
26 (b) after paragraph (c) insert:
27
28 (d) the person has completed the course of
29 induction prescribed for the purposes of this
30 subsection.
31
page 6
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 16
1 (2) Delete section 4.48(2) and insert:
2
3 (2) If the election is to fill the office of elector mayor or
4 president, a person can only be a candidate if --
5 (a) the person was an elector of the district who, as
6 at the close of enrolments and at the time of
7 nomination, was qualified under section 2.19 to
8 be elected as a member of the council; and
9 (b) at the time of nomination, the person has
10 completed the course of induction prescribed
11 for the purposes of this subsection.
12
13 16. Section 4.52 amended
14 (1) In section 4.52(1) delete "exhibited to the public (with the
15 details and profiles of any other candidates) on a notice board at
16 the local government's offices." and insert:
17
18 published (with the details and profiles of any other candidates)
19 on the local government's official website.
20
21 (2) In section 4.52(2) delete "remain on exhibition --" and insert:
22
23 be kept on the local government's official website --
24
25 Note: The heading to amended section 4.52 is to read:
26 Candidates' details and profiles to be published on website
page 7
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 17
1 17. Section 4.64 amended
2 (1) In section 4.64(1):
3 (a) delete "the returning officer is to give";
4 (b) after "about the election" insert:
5
6 must be given
7
8 (2) After section 4.64(1) insert:
9
10 (1A) The Statewide public notice must be given by --
11 (a) the Electoral Commissioner if the Electoral
12 Commissioner is responsible for the conduct of
13 the election; or
14 (b) the returning officer in any other case.
15
16 18. Section 5.10 amended
17 In section 5.10(3) delete "local government." and insert:
18
19 council.
20
21 19. Section 5.17 amended
22 In section 5.17(1)(a)(i) delete "or a 75% majority of the local
23 government; and" and insert:
24
25 of the council; and
26
page 8
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 20
1 20. Section 5.29 amended
2 In section 5.29(2) delete "of publication of the notice under
3 section 1.7(1)(a) and is to continue by way of exhibition under
4 section 1.7(1)(b) and (c)" and insert:
5
6 the notice is first given and is to continue in the prescribed way
7
8 21. Section 5.38 replaced
9 Delete section 5.38 and insert:
10
11 5.38. Annual review of employees' performance
12 (1) A local government must review the performance of
13 the CEO if the CEO is employed for a term of more
14 than 1 year.
15 (2) The CEO must ensure that the performance of each
16 other employee who is employed for more than 1 year
17 is reviewed.
18 (3) A review under subsection (1) or (2) must be
19 conducted at least once in relation to each year of the
20 person's employment.
21
22 22. Sections 5.39A to 5.39C inserted
23 After section 5.39 insert:
24
25 5.39A. Model standards for CEO recruitment,
26 performance and termination
27 (1) Regulations must prescribe model standards for local
28 governments in relation to the following --
29 (a) the recruitment of CEOs;
page 9
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 22
1 (b) the review of the performance of CEOs;
2 (c) the termination of the employment of CEOs.
3 (2) Regulations may amend the model standards.
4 5.39B. Adoption of model standards
5 (1) In this section --
6 model standards means the model standards prescribed
7 under section 5.39A(1).
8 (2) Within 3 months after the day on which regulations
9 prescribing the model standards come into operation, a
10 local government must prepare and adopt* standards to
11 be observed by the local government that incorporate
12 the model standards.
13 * Absolute majority required.
14 (3) Within 3 months after the day on which regulations
15 amending the model standards come into operation, the
16 local government must amend* the adopted standards
17 to incorporate the amendments made to the model
18 standards.
19 * Absolute majority required.
20 (4) A local government may include in the adopted
21 standards provisions that are in addition to the model
22 standards, but any additional provisions are of no effect
23 to the extent that they are inconsistent with the model
24 standards.
25 (5) The model standards are taken to be a local
26 government's adopted standards until the local
27 government adopts standards under this section.
28 (6) The CEO must publish an up-to-date version of the
29 adopted standards on the local government's official
30 website.
page 10
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 23
1 (7) Regulations may provide for --
2 (a) the monitoring of compliance with adopted
3 standards; and
4 (b) the way in which contraventions of adopted
5 standards are to be dealt with.
6 5.39C. Policy for temporary employment or appointment
7 of CEO
8 (1) A local government must prepare and adopt* a policy
9 that sets out the process to be followed by the local
10 government in relation to the following --
11 (a) the employment of a person in the position of
12 CEO for a term not exceeding 1 year;
13 (b) the appointment of an employee to act in the
14 position of CEO for a term not exceeding
15 1 year.
16 * Absolute majority required.
17 (2) A local government may amend* the policy.
18 * Absolute majority required.
19 (3) When preparing the policy or an amendment to the
20 policy, the local government must comply with any
21 prescribed requirements relating to the form or content
22 of a policy under this section.
23 (4) The CEO must publish an up-to-date version of the
24 policy on the local government's official website.
25
26 23. Section 5.43 amended
27 In section 5.43(a) delete "or a 75% majority of the local
28 government;" and insert:
29
30 of the council;
31
page 11
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 24
1 24. Section 5.50 amended
2 (1) In section 5.50(1):
3 (a) in paragraph (b) delete "amount," and insert:
4
5 amount.
6
7 (b) delete "and cause local public notice to be given in
8 relation to the policy.".
9 (2) After section 5.50(4) insert:
10
11 (5) The CEO must publish the policy prepared under
12 subsection (1) and adopted by the local government on
13 the local government's official website.
14
15 25. Section 5.51A inserted
16 At the end of Part 5 Division 4 insert:
17
18 5.51A. Code of conduct for employees
19 (1) The CEO must prepare and implement a code of
20 conduct to be observed by employees of the local
21 government.
22 (2) The CEO may amend the code of conduct.
23 (3) The CEO must publish an up-to-date version of the
24 code of conduct on the local government's official
25 website.
26 (4) Regulations may prescribe the content of, and other
27 matters in relation to, codes of conduct under this
28 section.
page 12
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 26
1 (5) A code of conduct under this section is of no effect to
2 the extent that it is inconsistent with regulations made
3 for the purposes of subsection (4).
4
5 26. Part 5 Division 6 heading amended
6 In the heading to Part 5 Division 6 after "interests" insert:
7
8 and gifts
9
10 27. Part 5 Division 6 Subdivision 1A inserted
11 At the beginning of Part 5 Division 6 insert:
12
13 Subdivision 1A -- Preliminary
14 5.57. Terms used
15 In this Division, unless the contrary intention
16 appears --
17 gift means --
18 (a) a conferral of a financial benefit (including a
19 disposition of property) made by 1 person in
20 favour of another person unless adequate
21 consideration in money or money's worth
22 passes from the person in whose favour the
23 conferral is made to the person who makes the
24 conferral; or
25 (b) a travel contribution;
26 travel includes accommodation incidental to a journey;
27 travel contribution means a financial or other
28 contribution made by 1 person to travel undertaken by
29 another person.
page 13
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 28
1 5.58. Provisions about gifts
2 (1) For the purposes of this Division --
3 (a) the amount of a gift comprising the conferral of
4 a financial benefit is taken to be an amount
5 equal to the value of the financial benefit at the
6 time the gift was made; and
7 (b) the amount of a gift comprising a travel
8 contribution (other than a financial
9 contribution) is taken to be an amount equal to
10 the value of the contribution at the time the gift
11 was made.
12 (2) For the purposes of this Division, a gift made to a
13 relevant person (as defined in section 5.59) by 2 or
14 more related bodies corporate (as defined in the
15 Corporations Act 2001 (Commonwealth) section 9) is
16 taken to have been made by a single corporation.
17
18 28. Section 5.59 amended
19 (1) In section 5.59 insert in alphabetical order:
20
21 interest relating to a gift means an interest that a
22 relevant person has because of the operation of
23 section 5.60 when read with section 5.62(1)(ea), (eb) or
24 (ec);
25
26 (2) In section 5.59 in the definition of relevant person delete "5.70
27 or 5.71" and insert:
28
29 5.70, 5.71 or 5.71A
30
page 14
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 29
1 29. Section 5.62 amended
2 (1) In section 5.62(1):
3 (a) in paragraph (ea)(i) and (ii) delete "a notifiable" and
4 insert:
5
6 an electoral
7
8 (b) delete paragraph (eb) and insert:
9
10 (eb) the relevant person is a council member and the
11 person has given a gift to which this paragraph
12 applies to the relevant person since the relevant
13 person was last elected; or
14 (ec) the relevant person is a CEO and the person has
15 given a gift to which this paragraph applies to
16 the relevant person since the relevant person
17 was last employed (or appointed to act) in the
18 position of CEO; or
19
20 (2) After section 5.62(1) insert:
21
22 (1A) Subsection (1)(eb) and (ec) apply to a gift if --
23 (a) either --
24 (i) the amount of the gift exceeds the
25 amount prescribed for the purposes of
26 this subsection; or
27 (ii) the gift is 1 of 2 or more gifts made by
28 1 person to the relevant person at any
29 time during a year and the sum of the
30 amounts of those 2 or more gifts
31 exceeds the amount prescribed for the
32 purposes of this subsection;
33 and
page 15
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 30
1 (b) the gift is not an excluded gift under
2 subsection (1B).
3 (1B) A gift is an excluded gift --
4 (a) if --
5 (i) the gift is a ticket to, or otherwise
6 relates to the relevant person's
7 attendance at, an event as defined in
8 section 5.90A(1); and
9 (ii) the local government approves, in
10 accordance with the local government's
11 policy under section 5.90A, the relevant
12 person's attendance at the event;
13 or
14 (b) if the gift is in a class of gifts prescribed for the
15 purposes of this subsection.
16
17 (3) In section 5.62(2) in the definition of notifiable gift delete
18 "notifiable" and insert:
19
20 electoral
21
22 30. Section 5.68 amended
23 (1) After section 5.68(1) insert:
24
25 (1A) Subsection (1) does not apply if --
26 (a) the interest disclosed is an interest relating to a
27 gift; and
28 (b) either --
29 (i) the amount of the gift exceeds the
30 amount prescribed for the purposes of
31 this subsection; or
page 16
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 31
1 (ii) the gift is 1 of 2 or more gifts made by
2 1 person to the disclosing member at
3 any time during a year and the sum of
4 the amounts of those 2 or more gifts
5 exceeds the amount prescribed for the
6 purposes of this subsection.
7
8 (2) In section 5.68(2) delete "together with the extent of any
9 participation allowed by the council or committee." and insert:
10
11 together with --
12 (a) the extent of any participation allowed by the
13 council or committee; and
14 (b) if the decision concerns an interest relating to a
15 gift, the information prescribed for the purposes
16 of this paragraph.
17
18 31. Section 5.69 amended
19 After section 5.69(4) insert:
20
21 (5) A decision under this section must be recorded in the
22 minutes of the meeting relating to the matter.
23
24 32. Section 5.70 amended
25 (1) At the end of section 5.70(2) insert:
26
27 Penalty for this subsection: a fine of $10 000 or
28 imprisonment for 2 years.
29
page 17
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 33
1 (2) After section 5.70(2) insert:
2
3 (2A) Subsection (2) applies to a CEO even if the advice or
4 report is provided in accordance with a decision made
5 under section 5.71B(2) or (6).
6
7 (3) In section 5.70(3) delete the Penalty and insert:
8
9 Penalty for this subsection: a fine of $10 000 or
10 imprisonment for 2 years.
11
12 33. Sections 5.71A and 5.71B inserted
13 After section 5.71 insert:
14
15 5.71A. CEOs to disclose interests relating to gifts in
16 connection with advice or reports
17 (1) A CEO who has an interest relating to a gift in a matter
18 in respect of which the CEO proposes to provide
19 advice or a report, directly or indirectly, to the council
20 or a committee must disclose the nature of the interest
21 in a written notice given to the council.
22 Penalty for this subsection: a fine of $10 000 or
23 imprisonment for 2 years.
24 (2) A CEO who makes a disclosure under subsection (1)
25 must not provide the advice or report unless the CEO is
26 allowed to do so under section 5.71B(2) or (6).
27 Penalty for this subsection: a fine of $10 000 or
28 imprisonment for 2 years.
29 (3) A CEO who has an interest relating to a gift in a matter
30 in respect of which another employee is providing
31 advice or a report directly to the council or a committee
page 18
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 33
1 must disclose the nature of the interest when the advice
2 or report is provided.
3 Penalty for this subsection: a fine of $10 000 or
4 imprisonment for 2 years.
5 5.71B. Council or Minister may allow CEOs to provide
6 advice or reports
7 (1) In this section --
8 relevant gift means the gift to which the interest
9 disclosed under section 5.71A(1) relates.
10 (2) The council may allow the CEO to provide the advice
11 or report to which a disclosure under section 5.71A(1)
12 relates if --
13 (a) the amount of the relevant gift does not exceed
14 the amount prescribed for the purposes of this
15 section; and
16 (b) the council decides that the nature of the
17 interest disclosed is unlikely to influence the
18 CEO in the provision of the advice or report.
19 (3) A decision of the council under subsection (2) must be
20 recorded in the minutes of the council meeting at which
21 the decision is made.
22 (4) The council may apply to the Minister to allow the
23 CEO to provide the advice or report to which a
24 disclosure under section 5.71A(1) relates if the amount
25 of the relevant gift exceeds the amount prescribed for
26 the purposes of this section.
27 (5) An application under subsection (4) must include --
28 (a) details of the nature of the interest disclosed;
29 and
30 (b) any other information required by the Minister
31 for the purposes of the application.
page 19
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 34
1 (6) On an application under subsection (4), the Minister
2 may allow, on any condition determined by the
3 Minister, the CEO to provide the advice or report if the
4 Minister is of the opinion that it is in the interests of the
5 electors or ratepayers to do so.
6 (7) A decision of the Minister under subsection (6) must be
7 recorded in the minutes of the council meeting at which
8 the decision is considered.
9 (8) For the purposes of subsections (2)(a) and (4), if the
10 relevant gift is 1 of 2 or more gifts made by 1 person to
11 the CEO at any time during a year, the amount of the
12 relevant gift is the sum of the amounts of those 2 or
13 more gifts.
14
15 34. Section 5.72 amended
16 In section 5.72 delete "5.70 or 5.71" and insert:
17
18 5.70(2), 5.71 or 5.71A(1) or (3)
19
20 35. Section 5.73 amended
21 In section 5.73 delete "5.65 or 5.70" and insert:
22
23 5.65, 5.70 or 5.71A(3)
24
25 36. Section 5.74 amended
26 In section 5.74(3):
27 (a) delete "gifts or contributions to travel given,";
28 (b) delete "is to be treated as having been given," and insert:
29
30 are taken to have been
31
page 20
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 37
1 37. Sections 5.82 and 5.83 deleted
2 Delete sections 5.82 and 5.83.
3 38. Part 5 Division 6 Subdivision 2A inserted
4 After Part 5 Division 6 Subdivision 2 insert:
5
6 Subdivision 2A -- Disclosure of gifts
7 5.87A. Council members to disclose gifts
8 (1) A council member must disclose, in accordance with
9 subsection (2) and section 5.87C, a gift received by the
10 council member.
11 Penalty for this subsection: a fine of $10 000 or
12 imprisonment for 2 years.
13 (2) The disclosure must be made in writing to the CEO.
14 (3) A person does not commit an offence against
15 subsection (1) if --
16 (a) the amount of the gift does not exceed the
17 amount prescribed for the purposes of this
18 paragraph; or
19 (b) the gift is not received by the person in their
20 capacity as a council member.
21 (4) For the purposes of subsection (3)(a), if the gift is 1 of
22 2 or more gifts made by 1 person to the council
23 member at any time during a year, the amount of the
24 gift is the sum of the amounts of those 2 or more gifts.
25 (5) For the purposes of subsection (3)(b), the gift is not
26 received by the person in their capacity as a council
27 member if it is a gift that the person would have
28 received even if the person were not a council member.
page 21
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 38
1 5.87B. CEOs to disclose gifts
2 (1) A CEO must disclose, in accordance with
3 subsection (2) and section 5.87C, a gift received by the
4 CEO.
5 Penalty for this subsection: a fine of $10 000 or
6 imprisonment for 2 years.
7 (2) The disclosure must be made in writing to the mayor or
8 president.
9 (3) A person does not commit an offence against
10 subsection (1) if --
11 (a) the amount of the gift does not exceed the
12 amount prescribed for the purposes of this
13 paragraph; or
14 (b) the gift is not received by the person in their
15 capacity as the CEO.
16 (4) For the purposes of subsection (3)(a), if the gift is 1 of
17 2 or more gifts made by 1 person to the CEO at any
18 time during a year, the amount of the gift is the sum of
19 the amounts of those 2 or more gifts.
20 (5) For the purposes of subsection (3)(b), the gift is not
21 received by the person in their capacity as the CEO if it
22 is a gift that the person would have received even if the
23 person were not the CEO.
24 5.87C. Provisions about disclosure
25 (1) This section applies to a disclosure under section 5.87A
26 or 5.87B.
27 (2) The disclosure must be made within 10 days after
28 receipt of the gift.
29 (3) The disclosure must include the following --
30 (a) a description of the gift;
page 22
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 39
1 (b) the name and address of the person who made
2 the gift;
3 (c) the date on which the gift was received;
4 (d) the estimated value of the gift at the time it was
5 made;
6 (e) the nature of the relationship between the
7 person who made the gift and the person who
8 received the gift;
9 (f) in the case of a travel contribution --
10 (i) a description of the travel; and
11 (ii) the date of the travel.
12
13 39. Section 5.88 amended
14 (1) In section 5.88(2)(b) delete "5.70 and 5.71," and insert:
15
16 5.70, 5.71 and 5.71A,
17
18 (2) After section 5.88(2) insert:
19
20 (2A) The CEO must publish an up-to-date version of the
21 register on the local government's official website.
22
23 40. Section 5.89A amended
24 (1) In section 5.89A(1) delete "gifts and contributions to travel."
25 and insert:
26
27 gifts.
28
page 23
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 40
1 (2) In section 5.89A(2) delete "5.82 and 5.83." and insert:
2
3 5.87A and 5.87B.
4
5 (3) After section 5.89A(2) insert:
6
7 (2A) The CEO must record a disclosure made under
8 section 5.87A or 5.87B in the register within 10 days
9 after the disclosure is made.
10 (2B) If a gift disclosed under section 5.87A or 5.87B is an
11 excluded gift under section 5.62(1B)(a), the CEO must
12 record in the register --
13 (a) the date of the approval referred to in
14 section 5.62(1B)(a)(ii); and
15 (b) the reasons for that approval; and
16 (c) any prescribed information.
17
18 (4) Delete section 5.89A(4).
19 (5) In section 5.89A(5) after "publish" insert:
20
21 an up-to-date version of
22
23 (6) After section 5.89A(5) insert:
24
25 (5A) The version of the register published under
26 subsection (5) must not, in the case of a disclosure
27 about a gift made by an individual, include the address
28 disclosed under section 5.87C(3)(b) and must instead
29 include the town or suburb mentioned in the address.
30
page 24
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 41
1 (7) In section 5.89A(6) delete "5.82 or 5.83" and insert:
2
3 5.87A or 5.87B
4
5 (8) In section 5.89A(7) delete the passage that begins with
6 "Disclosures made" and ends with "required under section 5.82
7 or 5.83" and insert:
8
9 If records relating to a person are removed from the register
10 under subsection (6), a copy of the records is, for a period of at
11 least 5 years after the person ceases to be a person required
12 under section 5.87A or 5.87B
13
14 Note: The heading to amended section 5.89A is to read:
15 Register of gifts
16 41. Section 5.89B deleted
17 Delete section 5.89B.
18 42. Section 5.89 amended
19 In section 5.89 delete "5.82 or 5.83" and insert:
20
21 5.71A, 5.87A or 5.87B
22
23 43. Section 5.90 amended
24 (1) In section 5.90(1)(a) and (b) after "interests" insert:
25
26 or register of gifts
27
page 25
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 44
1 (2) In section 5.90(2) delete the definition of publish and insert:
2
3 publish has the meaning that the term has in the law of
4 tort (as modified by the Defamation Act 2005) relating
5 to defamation.
6
7 44. Part 5 Division 6A inserted
8 After Part 5 Division 6 insert:
9
10 Division 6A -- Attendance at events
11 5.90A. Policy for attendance at events
12 (1) In this section --
13 event includes the following --
14 (a) a concert;
15 (b) a conference;
16 (c) a function;
17 (d) a sporting event;
18 (e) an occasion of a kind prescribed for the
19 purposes of this definition.
20 (2) A local government must prepare and adopt* a policy
21 that deals with matters relating to the attendance of
22 council members and the CEO at events, including --
23 (a) the provision of tickets to events; and
24 (b) payments in respect of attendance; and
25 (c) approval of attendance by the local government
26 and criteria for approval; and
27 (d) any prescribed matter.
28 * Absolute majority required.
page 26
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 45
1 (3) A local government may amend* the policy.
2 * Absolute majority required.
3 (4) When preparing the policy or an amendment to the
4 policy, the local government must comply with any
5 prescribed requirements relating to the form or content
6 of a policy under this section.
7 (5) The CEO must publish an up-to-date version of the
8 policy on the local government's official website.
9
10 45. Section 5.94 amended
11 In section 5.94:
12 (a) delete paragraph (aa);
13 (b) after paragraph (b) insert:
14
15 (ba) any register of gifts;
16
17 (c) delete paragraph (e) and insert:
18
19 (e) any list of fees and charges imposed under
20 section 6.16;
21
22 (d) in paragraphs (g) and (j)(ii) delete "Statewide" and
23 insert:
24
25 local
26
27 (e) in paragraph (m) delete "rates" and insert:
28
29 rate
30
31 (f) delete paragraph (t).
page 27
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 46
1 46. Section 5.95 amended
2 (1) In section 5.95(3):
3 (a) delete "refers --" and insert:
4
5 refers was closed to members of the public.
6
7 (b) delete paragraphs (a) and (b).
8 (2) Delete section 5.95(5).
9 47. Section 5.96A inserted
10 After section 5.96 insert:
11
12 5.96A. Information published on official website
13 (1) The CEO must publish the following information on
14 the local government's official website, unless it would
15 be contrary to subsection (2) to do so --
16 (a) a map of the district showing the district
17 boundaries and, if the district is divided into
18 wards, the ward boundaries;
19 (b) an up-to-date consolidated version of any local
20 law made by the local government in
21 accordance with section 3.12 that is in force;
22 (c) the annual budget;
23 (d) an up-to-date list of fees and charges imposed
24 under section 6.16;
25 (e) current plans for the future of the district made
26 under section 5.56;
27 (f) confirmed minutes of council or committee
28 meetings;
29 (g) minutes of electors' meetings;
page 28
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 47
1 (h) notice papers and agenda relating to council or
2 committee meetings and reports and other
3 documents that have been --
4 (i) tabled at a council or committee
5 meeting; or
6 (ii) produced by the local government or a
7 committee for presentation at a council
8 or committee meeting and that have
9 been presented at the meeting;
10 (i) information of a kind prescribed for the
11 purposes of this subsection or required by
12 another provision of this Act to be published on
13 the website.
14 (2) The CEO must not publish information referred to in
15 subsection (1)(f) or (h) if the meeting or that part of the
16 meeting to which the information refers was closed to
17 members of the public.
18 (3) Subsection (2) does not apply to information --
19 (a) that is a record of decisions made at a council
20 or committee meeting; or
21 (b) of a kind prescribed as being information that
22 can be published despite subsection (2).
23 (4) The CEO must ensure that the following information is
24 not published on the local government's official
25 website --
26 (a) rate records;
27 (b) the register of owners and occupiers under
28 section 4.32(6) and electoral rolls;
29 (c) information of a kind prescribed for the
30 purposes of this subsection.
31 (5) Regulations may specify the period for which
32 information referred to in subsection (1) must be kept
page 29
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 48
1 on the local government's official website, and may
2 specify different periods for different kinds of
3 information.
4
5 48. Part 5 Division 9 heading amended
6 In the heading to Part 5 Division 9 delete "of certain
7 officials".
8 49. Section 5.102A amended
9 (1) In section 5.102A delete the definition of rules of conduct.
10 (2) In section 5.102A insert in alphabetical order:
11
12 candidate means a candidate for election as a council
13 member;
14 model code means the model code of conduct
15 prescribed for the purposes of section 5.103(1);
16 rule of conduct means a provision of the model code
17 that is specified in the model code to be a rule of
18 conduct;
19
20 50. Sections 5.103 and 5.104 replaced
21 Delete sections 5.103 and 5.104 and insert:
22
23 5.103. Model code of conduct for council members,
24 committee members and candidates
25 (1) Regulations must prescribe a model code of conduct
26 for council members, committee members and
27 candidates.
28 (2) The model code of conduct must include --
29 (a) general principles to guide behaviour; and
page 30
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 50
1 (b) requirements relating to behaviour; and
2 (c) provisions specified to be rules of conduct.
3 (3) The model code of conduct may include provisions
4 about how the following are to be dealt with --
5 (a) alleged breaches of the requirements referred to
6 in subsection (2)(b);
7 (b) alleged breaches of the rules of conduct by
8 committee members.
9 (4) The model code of conduct cannot include a rule of
10 conduct if contravention of the rule would, in addition
11 to being a minor breach under section 5.105(1)(a), also
12 be a serious breach under section 5.105(3).
13 (5) Regulations may amend the model code of conduct.
14 5.104. Adoption of model code of conduct
15 (1) Within 3 months after the day on which regulations
16 prescribing the model code come into operation, a local
17 government must prepare and adopt* a code of conduct
18 to be observed by council members, committee
19 members and candidates that incorporates the model
20 code.
21 * Absolute majority required.
22 (2) Within 3 months after the day on which regulations
23 amending the model code come into operation, the
24 local government must amend* the adopted code of
25 conduct to incorporate the amendments made to the
26 model code.
27 * Absolute majority required.
page 31
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 51
1 (3) A local government may include in the adopted code of
2 conduct requirements in addition to the requirements
3 referred to in section 5.103(2)(b), but any additional
4 requirements --
5 (a) can only be expressed to apply to council
6 members or committee members; and
7 (b) are of no effect to the extent that they are
8 inconsistent with the model code.
9 (4) A local government cannot include in the adopted code
10 of conduct provisions in addition to the principles
11 referred to in section 5.103(2)(a) or the rules of
12 conduct.
13 (5) The model code is taken to be a local government's
14 adopted code of conduct until the local government
15 adopts a code of conduct.
16 (6) An alleged breach of a local government's adopted
17 code of conduct by a candidate cannot be dealt with
18 under this Division or the adopted code of conduct
19 unless the candidate has been elected as a council
20 member.
21 (7) The CEO must publish an up-to-date version of a local
22 government's adopted code of conduct on the local
23 government's official website.
24
25 51. Section 5.105 amended
26 Delete section 5.105(1) and insert:
27
28 (1) A council member commits a minor breach if the
29 council member --
30 (a) contravenes a rule of conduct; or
31 (b) contravenes a local law under this Act,
32 contravention of which the regulations specify
33 to be a minor breach.
page 32
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 52
1 (1A) Subsection (1) extends to the contravention of a rule of
2 conduct that occurred when the council member was a
3 candidate.
4 (1B) Regulations cannot specify that contravention of a local
5 law under this Act is a minor breach if contravention of
6 the local law would, in addition to being a minor
7 breach under subsection (1), also be a serious breach
8 under subsection (3).
9
10 52. Section 5.107 amended
11 In section 5.107(4) delete "2 years" and insert:
12
13 6 months
14
15 53. Section 5.108 amended
16 In section 5.108(3) delete "2 years" and insert:
17
18 6 months
19
20 54. Section 5.109 amended
21 In section 5.109(2) delete "2 years" and insert:
22
23 6 months
24
page 33
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 55
1 55. Section 5.110 amended
2 (1) After section 5.110(3A) insert:
3
4 (3B) A standards panel may --
5 (a) request the parties to participate in mediation to
6 resolve behavioural matters related to the
7 complaint; and
8 (b) if the parties agree to the request, defer the
9 making of a finding under subsection (2)
10 pending the outcome of the mediation.
11
12 (2) After section 5.110(5) insert:
13
14 (5A) When determining how the breach should be dealt with
15 under subsection (6), the standards panel may take into
16 account --
17 (a) the outcome of mediation requested under
18 subsection (3B); or
19 (b) a refusal by the council member to participate
20 in mediation requested under subsection (3B).
21
22 (3) In section 5.110(6):
23 (a) delete paragraph (a) and insert:
24
25 (a) ordering that no sanction be imposed; or
26
27 (b) in paragraph (b)(iii) delete "order;" and insert:
28
29 order; or
30
page 34
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 56
1 (c) after paragraph (b)(iii) insert:
2
3 (iv) the person against whom the complaint
4 was made pay to the local government
5 specified in the order an amount equal
6 to the amount of remuneration and
7 allowances payable by the local
8 government in relation to the complaint
9 under Schedule 5.1 clause 9;
10
11 (4) After section 5.110(7) insert:
12
13 (8) Regulations may provide for or regulate matters
14 relating to mediation under this section including --
15 (a) the appointment of mediators; and
16 (b) the procedures to be followed when mediation
17 is undertaken; and
18 (c) the time allowed for mediation; and
19 (d) payment and recovery of the costs of
20 mediation.
21
22 56. Section 5.118 amended
23 (1) In section 5.118(2) delete "5.117" and insert:
24
25 5.117(1)
26
27 (2) After section 5.118(2) insert:
28
29 (3) Without limiting subsections (1) and (2), the CEO of
30 the local government concerned must publish on the
31 local government's official website any censure
page 35
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 57
1 ordered under section 5.110(6), 5.113 or 5.117(1) in
2 respect of a person who is a council member.
3
4 57. Section 5.120 replaced
5 Delete section 5.120 and insert:
6
7 5.120. Complaints officer
8 (1) The CEO may designate an employee of the local
9 government to be its complaints officer.
10 (2) If an employee is not designated under subsection (1),
11 the CEO is the local government's complaints officer.
12
13 58. Section 5.121 amended
14 (1) In section 5.121(1) delete "action under section 5.110(6)(b) or
15 (c)." and insert:
16
17 a finding under section 5.110(2)(a) that a minor breach has
18 occurred.
19
20 (2) In section 5.121(2)(d) delete "section 5.110(6)(b) or (c)." and
21 insert:
22
23 section 5.110(6).
24
25 (3) After section 5.121(2) insert:
26
27 (3) The CEO must publish an up-to-date version of the
28 register of complaints on the local government's
29 official website.
30
page 36
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 59
1 59. Section 5.123 amended
2 (1) Delete section 5.123(1) and insert:
3
4 (1A) Subsection (1) applies to a person --
5 (a) who makes a complaint; or
6 (b) against whom a complaint is made; or
7 (c) who performs a function under this Act in
8 respect of a complaint; or
9 (d) who, as a result of anything done under this
10 Division, becomes aware of any detail of a
11 complaint knowing it to be relevant to the
12 complaint.
13 (1) A person to whom this subsection applies commits an
14 offence if the person discloses information that the
15 complaint has been made or information about any
16 detail of the complaint.
17
18 (2) In section 5.123(2):
19 (a) after paragraph (b) insert:
20
21 (ba) the disclosure is made by the Departmental
22 CEO in circumstances where --
23 (i) the complaint to which the information
24 relates is a complaint sent to the
25 Departmental CEO under
26 section 5.114(1) or 5.115(1); and
27 (ii) the Departmental CEO has made a
28 decision about whether to make an
29 allegation under section 5.116(2) in
30 relation to the complaint; and
page 37
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 60
1 (iii) the Departmental CEO considers that
2 the disclosure is in the public interest;
3 or
4
5 (b) in paragraph (c) delete "section 5.110(6)(b) or (c); or"
6 and insert:
7
8 section 5.110(6); or
9
10 (c) delete paragraph (d) and insert:
11
12 (d) the complaint to which the information relates
13 is a complaint of a recurrent breach or serious
14 breach and the State Administrative Tribunal
15 has made an order described in section 5.117(1)
16 in relation to the breach.
17
18 (3) Delete section 5.123(3).
19 60. Section 5.125 amended
20 In section 5.125(2) delete the definition of decision and insert:
21
22 decision means a decision to make an order under
23 section 5.110(6).
24
page 38
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 61
1 61. Part 5 Division 10 inserted
2 At the end of Part 5 insert:
3
4 Division 10 -- Training and development
5 5.126. Training for council members
6 (1) Each council member must complete training in
7 accordance with regulations.
8 (2) Regulations may --
9 (a) prescribe a course of training; and
10 (b) prescribe the period within which training must
11 be completed; and
12 (c) prescribe circumstances in which a council
13 member is exempt from the requirement in
14 subsection (1); and
15 (d) provide that contravention of subsection (1) is
16 an offence and prescribe a fine not exceeding
17 $5 000 for the offence.
18 5.127. Report on training
19 (1) A local government must prepare a report for each
20 financial year on the training completed by council
21 members in the financial year.
22 (2) The CEO must publish the report on the local
23 government's official website within 1 month after the
24 end of the financial year to which the report relates.
25 5.128. Policy for continuing professional development
26 (1) A local government must prepare and adopt* a policy
27 in relation to the continuing professional development
28 of council members.
29 * Absolute majority required.
page 39
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 62
1 (2) A local government may amend* the policy.
2 * Absolute majority required.
3 (3) When preparing the policy or an amendment to the
4 policy, the local government must comply with any
5 prescribed requirements relating to the form or content
6 of a policy under this section.
7 (4) The CEO must publish an up-to-date version of the
8 policy on the local government's official website.
9 (5) A local government --
10 (a) must review the policy after each ordinary
11 election; and
12 (b) may review the policy at any other time.
13
14 62. Section 6.36 amended
15 (1) Delete section 6.36(3)(c) and insert:
16
17 (c) is to advise electors and ratepayers that the
18 document referred to in subsection (3A) --
19 (i) may be inspected at a time and place
20 specified in the notice; and
21 (ii) is published on the local government's
22 official website.
23
24 (2) After section 6.36(3) insert:
25
26 (3A) The local government is required to prepare a
27 document describing the objects of, and reasons for,
28 each proposed rate and minimum payment and to
29 publish the document on the local government's
30 official website.
31
page 40
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 63
1 63. Section 6.41 amended
2 After section 6.41(3) insert:
3
4 (4) The rate notice may be given by email if the local
5 government has obtained the consent of the owner or
6 occupier, as the case requires, to giving the rate notice
7 in that way.
8
9 64. Section 9.10 replaced
10 Delete section 9.10 and insert:
11
12 9.10. Appointment of authorised persons
13 (1) In this section --
14 law means any of the following --
15 (a) this Act;
16 (b) the Caravan Parks and Camping Grounds
17 Act 1995;
18 (c) the Cat Act 2011;
19 (d) the Cemeteries Act 1986;
20 (e) the Control of Vehicles (Off-road Areas)
21 Act 1978;
22 (f) the Dog Act 1976;
23 (g) subsidiary legislation made under an Act
24 referred to in any of paragraphs (a) to (f);
25 (h) a written law prescribed for the purposes of this
26 section;
27 specified means specified in the instrument of
28 appointment.
29 (2) The CEO may, in writing, appoint persons or classes of
30 persons to be authorised persons for the purposes of
page 41
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 64
1 1 or more specified laws or specified provisions of 1 or
2 more specified laws.
3 (3) An appointment under subsection (2) is subject to any
4 specified conditions or limitations.
5 (4) The CEO must give to each person appointed under
6 subsection (2) an identity card that --
7 (a) on the front of the card, sets out --
8 (i) the name and official insignia of the
9 local government; and
10 (ii) the name of the person; and
11 (iii) a recent photograph of the person;
12 and
13 (b) on the back of the card, specifies each law to
14 which the person's appointment relates.
15 (5) A person appointed under subsection (2) (the
16 authorised person) must --
17 (a) carry their identity card at all times when
18 performing functions under a specified law; and
19 (b) produce their identity card for inspection when
20 required to do so by a person in respect of
21 whom the authorised person has performed or
22 is about to perform a function under a specified
23 law.
24 (6) A person who, without reasonable excuse, fails to
25 return their identity card to the CEO within 14 days
26 after their appointment ceases to have effect commits
27 an offence.
28
page 42
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 65
1 65. Section 9.13 amended
2 In section 9.13(1) in the definition of authorised person delete
3 "by the local government" and insert:
4
5 under section 9.10(2)
6
7 66. Section 9.15 amended
8 In section 9.15 in the definition of authorised person delete
9 "section 9.10(1) by the local government" and insert:
10
11 section 9.10(2)
12
13 67. Section 9.25 amended
14 Delete section 9.25(1) and insert:
15
16 (1) Proceedings for an offence against a provision of this
17 Act listed in the Table may be commenced at any time.
18 Table
s. 4.85(1) and (2) s. 4.86
s. 4.91(1) s. 5.65(1)
s. 5.67 s. 5.69(4)
s. 5.69A(4) s. 5.70(2) and (3)
s. 5.71 s. 5.71A(1), (2) and (3)
s. 5.75 s. 5.76
s. 5.78(1) s. 5.87A(1)
page 43
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 68
s. 4.85(1) and (2) s. 4.86
s. 5.87B(1) s. 5.89
s. 5.93
1
2 68. Section 9.49A amended
3 (1) Delete section 9.49A(3)(b) and insert:
4
5 (b) the CEO,
6
7 (2) In section 9.49A(4) delete "chief executive officer," and insert:
8
9 CEO,
10
11 69. Section 9.57A inserted
12 At the end of Part 9 Division 4 insert:
13
14 9.57A. Local government protected from liability for
15 defamation: council proceedings on website
16 (1) In this section --
17 council proceedings means proceedings at a meeting
18 of the council or a committee of the council;
19 matter has the meaning given in the Defamation
20 Act 2005 section 4.
21 (2) A local government is not liable to an action for
22 defamation in relation to matter published on its
23 official website as part of a broadcast, audio recording,
24 or video recording, of council proceedings.
25
page 44
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 70
1 70. Schedule 2.4 amended
2 In Schedule 2.4 clause 6(3) delete "or a special majority".
3 71. Schedule 2.5 amended
4 (1) In Schedule 2.5 clause 2(c) delete "Managers Australia WA
5 Division" and insert:
6
7 Professionals Australia (WA)
8
9 (2) In Schedule 2.5 clause 4(2) delete "Managers Australia WA
10 Division" and insert:
11
12 Professionals Australia (WA)
13
14 (3) In Schedule 2.5 clause 11(2)(c) delete "Managers Australia WA
15 Division" and insert:
16
17 Professionals Australia (WA)
18
19 72. Schedule 5.1 amended
20 In Schedule 5.1 clause 11(2) delete "section 5.110(6)(b) or (c)."
21 and insert:
22
23 section 5.110(6).
24
page 45
Local Government Legislation Amendment Bill 2019
Part 2 Local Government Act 1995 amended
s. 73
1 73. Schedule 6.3 amended
2 In Schedule 6.3 delete clause 1(1)(c) and insert:
3
4 (c) to be published on the local government's official
5 website and kept on the website for not less than
6 35 days.
7
8 74. Schedule 9.3 amended
9 (1) In Schedule 9.3 clause 1:
10 (a) in the definition of former provisions delete "day;" and
11 insert:
12
13 day.
14
15 (b) delete the definition of senior employee.
16 (2) At the end of Schedule 9.3 insert:
17
18 Division 5 -- Provisions for the Local Government
19 Legislation Amendment Act 2019
20 55. Authorised persons
21 (1) This clause applies to a person who, immediately before the
22 day on which the Local Government Legislation Amendment
23 Act 2019 section 64 comes into operation, was a person
24 appointed under section 9.10(1) for the purposes of
25 performing particular functions.
26 (2) The person is taken to be an authorised person appointed
27 under section 9.10(2) for the purposes of this Act on the
28 terms and conditions that were applicable to the person's
29 appointment under section 9.10(1) immediately before the
30 day referred to in subclause (1).
31
page 46
Local Government Legislation Amendment Bill 2019
Local Government Act 1995 amended Part 2
s. 74
1 (3) At the end of Schedule 9.3 Division 5 insert:
2
3 56. Register of gifts
4 (1) In this clause --
5 commencement day means the day on which the Local
6 Government Legislation Amendment Act 2019 section 40
7 comes into operation;
8 former provisions means sections 5.82 and 5.83 as in force
9 immediately before the day on which the Local Government
10 Legislation Amendment Act 2019 section 37 comes into
11 operation;
12 former section 5.89A(7) means section 5.89A(7) as in force
13 immediately before commencement day.
14 (2) In addition to the record required by section 5.89A(2), the
15 register of gifts kept under section 5.89A(1) must contain a
16 record of disclosures made under the former provisions that
17 were recorded in the register immediately before
18 commencement day.
19 (3) Former section 5.89A(7) continues to apply in relation to
20 disclosures made under the former provisions that,
21 immediately before commencement day, were being kept by
22 the CEO and made available for public inspection under that
23 subsection.
24
page 47
Local Government Legislation Amendment Bill 2019
Part 3 Local Government (Miscellaneous Provisions) Act 1960
amended
s. 75
1 Part 3 -- Local Government (Miscellaneous Provisions)
2 Act 1960 amended
3 75. Act amended
4 This Part amends the Local Government (Miscellaneous
5 Provisions) Act 1960.
6 76. Section 450 amended
7 In section 450 after "cause" insert:
8
9 local
10
11 77. Section 451 amended
12 In section 451(2) after "cause" insert:
13
14 local
15
16 78. Section 463 amended
17 (1) In section 463(2)(b):
18 (a) after "14 days' " insert:
19
20 local public
21
22 (b) delete "land," and insert:
23
24 land and
25
page 48
Local Government Legislation Amendment Bill 2019
Local Government (Miscellaneous Provisions) Act 1960 Part 3
amended
s. 79
1 (c) delete "published in the Gazette, or in a newspaper
2 circulating in the locality;" and insert:
3
4 given,
5
6 (2) After section 463(2) insert:
7
8 (3) If, for the purposes of subsection (2)(b), the owner or
9 occupier of the land requests the local government of
10 the district in which the land is situated to publish a
11 notice on the local government's official website, the
12 local government must comply with the request.
13
14 79. Section 464 amended
15 In section 464 delete "the local government has caused notice of
16 the increase or variation to be published in the Gazette." and
17 insert:
18
19 local public notice of the increase or variation is first given by
20 the local government.
21
22 80. Section 469 amended
23 In section 469(5) delete the passage that begins with "a notice
24 of " and continues to the end of the subsection and insert:
25
26 local public notice of the impounding to be given in the form in
27 Schedule 5.
28
page 49
Local Government Legislation Amendment Bill 2019
Part 3 Local Government (Miscellaneous Provisions) Act 1960
amended
s. 81
1 81. Section 470 amended
2 In section 470(1)(b) delete "publishing the notice of
3 impounding in the Gazette, or the newspaper; and" and insert:
4
5 giving local public notice of the impounding; and
6
7 82. Section 474 amended
8 In section 474(1):
9 (a) in paragraph (b) delete "the notice" (1st occurrence) and
10 insert:
11
12 notice of the impounding
13
14 (b) delete paragraph (c) and insert:
15
16 (c) where local public notice of the impounding
17 has been given, within 7 days after the notice
18 was first given,
19
20 (c) delete the passage that begins with "auction," and
21 continues to the end of the subsection and insert:
22
23 auction if local public notice of the time and place of the
24 sale and the cattle to be sold has been given at least
25 3 days before the day of the sale.
26
page 50
Local Government Legislation Amendment Bill 2019
Other Acts amended Part 4
Caravan Parks and Camping Grounds Act 1995 amended Division 1
s. 83
1 Part 4 -- Other Acts amended
2 Division 1 -- Caravan Parks and Camping Grounds Act 1995
3 amended
4 83. Act amended
5 This Division amends the Caravan Parks and Camping
6 Grounds Act 1995.
7 84. Section 5 amended
8 In section 5(1) delete the definition of authorised person and
9 insert:
10
11 authorised person means a person appointed to be an
12 authorised person under --
13 (a) section 17(1)(a); or
14 (b) the Local Government Act 1995 section 9.10(2)
15 for the purposes of this Act;
16
17 85. Section 17 amended
18 (1) In section 17(1):
19 (a) delete "Department or a local government --" and
20 insert:
21
22 Department --
23
24 (b) in paragraph (a) delete "or the local government".
page 51
Local Government Legislation Amendment Bill 2019
Part 4 Other Acts amended
Division 1 Caravan Parks and Camping Grounds Act 1995 amended
s. 86
1 (2) In section 17(2):
2 (a) delete "An authorised person is to" and insert:
3
4 A person appointed under subsection (1)(a) must
5
6 (b) delete "authorised" (2nd occurrence).
7 (3) Delete section 17(4).
8 86. Section 17A inserted
9 After section 17 insert:
10
11 17A. Assistance from member of Police Force
12 A member of the Police Force must, at the request of
13 an authorised person, assist the authorised person in
14 enforcing compliance with this Act and has, while
15 assisting the authorised person, all the powers of an
16 authorised person.
17
18 87. Section 23 amended
19 (1) In section 23(1) delete "under subsection (11) to be an
20 authorised person" and insert:
21
22 to be an authorised person under the Local Government
23 Act 1995 section 9.10(2)
24
25 (2) Delete section 23(11) and (12) and insert:
26
27 (11) A person who is authorised to give infringement
28 notices under subsection (2) cannot be an authorised
29 person for the purposes of subsection (3), (5) or (7).
30
page 52
Local Government Legislation Amendment Bill 2019
Other Acts amended Part 4
Cat Act 2011 amended Division 2
s. 88
1 88. Part 6 heading inserted
2 Before section 34 insert:
3
4 Part 6 -- Transitional provisions
5
6 89. Section 35 inserted
7 After section 34 insert:
8
9 35. Transitional provision for Local Government
10 Legislation Amendment Act 2019
11 (1) This section applies to a person who, immediately
12 before the day on which the Local Government
13 Legislation Amendment Act 2019 section 85 comes into
14 operation, was a person appointed by a local
15 government under section 17(1).
16 (2) The person is taken to be an authorised person
17 appointed under the Local Government Act 1995
18 section 9.10(2) for the purposes of this Act on the
19 terms and conditions that were applicable to the
20 person's appointment under section 17(1) immediately
21 before the day referred to in subsection (1).
22
23 Division 2 -- Cat Act 2011 amended
24 90. Act amended
25 This Division amends the Cat Act 2011.
page 53
Local Government Legislation Amendment Bill 2019
Part 4 Other Acts amended
Division 2 Cat Act 2011 amended
s. 91
1 91. Section 3 amended
2 In section 3(1) in the definition of authorised person delete
3 paragraph (b) and insert:
4
5 (b) a person appointed under the Local
6 Government Act 1995 section 9.10(2) to be an
7 authorised person for the purposes of this Act;
8
9 92. Part 4 Division 3 Subdivision 1 deleted
10 Delete Part 4 Division 3 Subdivision 1.
11 93. Section 62 amended
12 After section 62(2) insert:
13
14 (3) A person who is not an employee of a local
15 government cannot be appointed to be an authorised
16 person for the purposes of this section.
17
18 94. Part 7 inserted
19 After section 86 insert:
20
21 Part 7 -- Transitional provisions
22 87. Transitional provision for Local Government
23 Legislation Amendment Act 2019
24 (1) This section applies to a person who, immediately
25 before the day on which the Local Government
26 Legislation Amendment Act 2019 section 92 comes into
27 operation, was a person appointed under section 48(1).
page 54
Local Government Legislation Amendment Bill 2019
Other Acts amended Part 4
Cemeteries Act 1986 amended Division 3
s. 95
1 (2) The person is taken to be an authorised person
2 appointed under the Local Government Act 1995
3 section 9.10(2) for the purposes of this Act on the
4 terms and conditions that were applicable to the
5 person's appointment under section 48(1) immediately
6 before the day referred to in subsection (1).
7
8 Division 3 -- Cemeteries Act 1986 amended
9 95. Act amended
10 This Division amends the Cemeteries Act 1986.
11 96. Section 3 amended
12 In section 3(1) delete the definition of authorised person and
13 insert:
14
15 authorised person means a person --
16 (a) authorised under section 64 to give
17 infringement notices; or
18 (b) appointed under the Local Government
19 Act 1995 section 9.10(2) for the purposes of
20 section 63.
21
22 97. Section 64 amended
23 Delete section 64(2) and insert:
24
25 (2) A Board must give to each person authorised under
26 subsection (1) an identity card that --
27 (a) on the front of the card, sets out --
28 (i) the name and official insignia of the
29 Board; and
30 (ii) the name of the person; and
page 55
Local Government Legislation Amendment Bill 2019
Part 4 Other Acts amended
Division 3 Cemeteries Act 1986 amended
s. 98
1 (iii) a recent photograph of the person;
2 and
3 (b) on the back of the card, specifies that the
4 person is authorised to give infringement
5 notices.
6 (3) A person authorised under subsection (1) must --
7 (a) carry their identity card at all times when
8 performing functions under this Act; and
9 (b) produce their identity card for inspection when
10 required to do so by a person to whom the
11 authorised person has given or is about to give
12 an infringement notice.
13 (4) References in this section to a Board do not include a
14 Board that is a local government.
15
16 98. Schedule 2 amended
17 (1) At the beginning of Schedule 2 insert:
18
19 Division 1 -- Provisions for repealed Act
20
21 (2) In Schedule 2 clause 1 delete "Schedule --" and insert:
22
23 Division --
24
page 56
Local Government Legislation Amendment Bill 2019
Other Acts amended Part 4
Control of Vehicles (Off-road Areas) Act 1978 amended Division 4
s. 99
1 (3) After Schedule 2 clause 9 insert:
2
3 Division 2 -- Provision for Local Government Legislation
4 Amendment Act 2019
5 10. Authorised persons
6 (1) This clause applies to a person who, immediately before the
7 day on which the Local Government Legislation Amendment
8 Act 2019 section 97 comes into operation, was a person
9 authorised under section 64(1) by a Board that is a local
10 government.
11 (2) The person is taken to be an authorised person appointed
12 under the Local Government Act 1995 section 9.10(2) for
13 the purposes of section 63 on the terms and conditions that
14 were applicable to the person's authorisation under
15 section 64(1) immediately before the day referred to in
16 subclause (1).
17
18 Division 4 -- Control of Vehicles (Off-road Areas) Act 1978
19 amended
20 99. Act amended
21 This Division amends the Control of Vehicles (Off-road Areas)
22 Act 1978.
23 100. Section 3 amended
24 In section 3(1) in the definition of authorised officer delete
25 "officer" and insert:
26
27 person
28
29 101. Section 5 amended
30 Delete section 5(5).
page 57
Local Government Legislation Amendment Bill 2019
Part 4 Other Acts amended
Division 4 Control of Vehicles (Off-road Areas) Act 1978 amended
s. 102
1 102. Section 38 amended
2 (1) In section 38(1)(b) and (c) delete "pursuant to" and insert:
3
4 under
5
6 (2) Delete section 38(3) and insert:
7
8 (3) A person is appointed as an authorised person under
9 this subsection if the person is appointed under the
10 Local Government Act 1995 section 9.10(2) to be an
11 authorised person for the purposes of this Act either in
12 respect of the whole of a district or any part of a district
13 specified in the appointment.
14
15 (3) In section 38(4) delete "officer pursuant to subsection (2) or
16 subsection (3) --" and insert:
17
18 person under subsection (2) or (3) --
19
20 (4) After section 38(4) insert:
21
22 (4A) Subsection (4)(d) does not apply in the case of a person
23 appointed as an authorised person under subsection (3).
24
25 (5) In section 38(7):
26 (a) delete "the officer" (each occurrence) and insert:
27
28 the authorised person
29
page 58
Local Government Legislation Amendment Bill 2019
Other Acts amended Part 4
Control of Vehicles (Off-road Areas) Act 1978 amended Division 4
s. 102
1 (b) delete "that officer" (each occurrence) and insert:
2
3 the authorised person
4
5 (6) In section 38(9) delete "officer pursuant to" and insert:
6
7 person under
8
9 (7) In section 38(11)(b) delete "officer," and insert:
10
11 authorised person,
12
13 (8) In section 38(15) delete "officer" and insert:
14
15 authorised person
16
17 (9) In section 38(18) delete "officer appointed by a local
18 government under subsection (3) is to be taken to be detained by
19 the local government." and insert:
20
21 person appointed under subsection (3) is taken to be detained by
22 the local government concerned.
23
24 Note: The heading to amended section 38 is to read:
25 Authorised persons
page 59
Local Government Legislation Amendment Bill 2019
Part 4 Other Acts amended
Division 4 Control of Vehicles (Off-road Areas) Act 1978 amended
s. 103
1 103. Section 49 inserted
2 After section 48 insert:
3
4 49. Transitional provision for Local Government
5 Legislation Amendment Act 2019
6 (1) This section applies to a person who, immediately
7 before the day on which the Local Government
8 Legislation Amendment Act 2019 section 102 comes
9 into operation, was a person appointed under
10 section 38(3).
11 (2) The person is taken to be an authorised person
12 appointed under the Local Government Act 1995
13 section 9.10(2) for the purposes of this Act on the
14 terms and conditions that were applicable to the
15 person's appointment under section 38(3) immediately
16 before the day referred to in subsection (1).
17
18 104. Various references to "authorised officer" amended
19 In the provisions listed in the Table delete "authorised officer"
20 and insert:
21
22 authorised person
23
24 Table
s. 8(1)(c) s. 36(b)
s. 37(1) s. 38(1), (2), (4)(a) and (d), (6),
(7), (8), (11), (13) and (17)(b)
s. 40
page 60
Local Government Legislation Amendment Bill 2019
Other Acts amended Part 4
Dog Act 1976 amended Division 5
s. 105
1 Division 5 -- Dog Act 1976 amended
2 105. Act amended
3 This Division amends the Dog Act 1976.
4 106. Section 3 amended
5 In section 3(1) in the definition of authorised person delete
6 paragraph (a) and insert:
7
8 (a) a person appointed under the Local
9 Government Act 1995 section 9.10(2) to be an
10 authorised person for the purposes of this Act;
11 or
12
13 107. Section 11 amended
14 After section 11(4) insert:
15
16 (5) Subsection (3) does not apply to a person appointed
17 under the Local Government Act 1995 section 9.10(2)
18 to be an authorised person for the purposes of this Act.
19
20 108. Section 11A inserted
21 After section 11 insert:
22
23 11A. Authorised persons
24 The chief executive officer of a local government must,
25 under the Local Government Act 1995 section 9.10(2),
26 appoint persons to be authorised persons for the
27 purposes of this Act.
page 61
Local Government Legislation Amendment Bill 2019
Part 4 Other Acts amended
Division 5 Dog Act 1976 amended
s. 109
1 109. Section 29 amended
2 Delete section 29(1).
3 110. Part XI Division 1 heading amended
4 In the heading to Part XI Division 1 delete "arising from
5 certain amendments made by" and insert:
6
7 for
8
9 111. Part XI Division 2 inserted
10 At the end of Part XI insert:
11
12 Division 2 -- Transitional provision for the Local
13 Government Legislation Amendment Act 2019
14 61. Authorised persons
15 (1) This section applies to a person who, immediately
16 before the day on which the Local Government
17 Legislation Amendment Act 2019 section 109 comes
18 into operation, was a person appointed under
19 section 29(1).
20 (2) The person is taken to be an authorised person
21 appointed under the Local Government Act 1995
22 section 9.10(2) for the purposes of this Act on the
23 terms and conditions that were applicable to the
24 person's appointment under section 29(1) immediately
25 before the day referred to in subsection (1).
26
27
[Index] [Search] [Download] [Related Items] [Help]