Councillors need to be wary of using their Local Government generated Councillor and group Councillor email address noting some Local Governments blind copy employees into all Councillor emails.
Elected Member Local Government email address can be “resource” for Conduct Regulations in two senses:
Local Government email address is Local Government ‘resource’ for the purposes of the conduct Regulations
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LGEMA will be holding its AGM on Sunday 7th November 2021 at Tompkins Park Melville.
Members should RSVP to lgema@iinet.net.au
The agenda for the meeting can be downloaded here (165Kb pdf)
LGEMA will also be holding a Planning and Development Law Workshop after the AGM.
Entrance is free to LGEMA members.
The agenda for the workshop can be downloaded here (405Kb pdf)
LAW REFORM
Please email LG Minister Carey to request compulsory voting in WA LG elections and a LG Inspectorate to enforce the LG Act Minister.Carey@dpc.wa.gov.au
For LG election information see https://www.elections.wa.gov.au/elections/local (new window)
“What I Wish I Knew When I Became an Elected Member” Attendance by invitation only
Date: Sunday 27 June 2021
Time: 9:30am – 5:00pm
Place: Tompkins Park, 642 Canning Highway, Alfred Cove, WA (Function Room)
RSVP: required to lgema@iinet.net.au
Entry: LGEMA Members – Free
Entry: Non-Members – by donation
Costs: Lunch and afternoon tea $20
LGEMA Bank Details: BSB 302-162, ACC 156 11 48
Program:Click here for the flyer
Donor Support: City of Melville, through Mayor George Gear
The LOCAL GOVERNMENT ACT 1995 (WA) is an example of an Act of the WA Parliament, which establishes local government throughout Western Australia. It contains the law (binding rules) of how local government operates, including the role and conduct of Councils, Councillors and employees (including the CEO).
See here about the difference between law and policy. Continue reading
See here for the difference between law and policy.
Key words: “open space” – “CEO appointment” – “Dogs” –“ burials” –“land valuations” – “council motion clarity” – “council forums” – “declaring interest” –“delegation” – “ financial interest” –“ disruptive behaviour” – “elected member induction” –“ elected members and developers” –“ financial ratios” –“ guide to planning” –“ changing boundaries” –“ lawyers / legal advice for elected members” – “ local laws” –“public question time” – “net current assets” –“ differential rates” –“ rating policies” –“ credit cards” –“ grants commission” Continue reading
Corruption and Crime Commission
Office of the Auditor General WA (OAG)
Local Government Inquiries WA
You can report corrupt conduct to the CCC anonymously or confidentially here.
The CCC reports on corruption, including in local government and makes recommendations, which are helpful when reviewing how well your local government procedure and practices measure up. They make entertaining and elucidating reading. CCC reports relevant to local government include:
Courts and Tribunals interpret laws that are open to interpretation. Decisions of courts are called the “common law” and are often referred to as judge-made law.
Courts
AYTON -v- CITY OF ARMADALE [2020] WASCA 39 here
A member of the public was seriously injured by a vehicle at City of Armadale (City) Waste Facility (Site), while dropping off green waste – as directed by the staff. The City plead guilty to failing to maintain a safe work environment at the Site. Court of Appeal increased fine against City to $110,000.
Under the Local Government Act section 5.41(g), CEO at the time, Ray Tame was responsible for, … the employment, management, supervision, direction and dismissal of employees.
Surprisingly, no mention was made in the judgement about CEO’s statutory role in respect of the management of Site managers.
The Court found that in relation to the Site:
Is a CEO being bullied? What is the difference between bringing a CEO to account and bullying?
In dismissing an application by Cockburn CEO Cain to stop him being bullied, the Fair Work Commission held (view here)
“[Bullying is not] … reasonable management action carried out in a reasonable manner … noting … the right of management to take reasonable management action in the workplace.”
Fair Work bullying and harassment guidelines view here.
IMPORTANT MESSAGE 1
Defences for use in Standards Panel complaints, from Court decisions (above) and successful reviews in SAT (below) include: Continue reading
Using the LOCAL GOVERNMENT ACT 1995 as an example:
Go to https://www.legislation.wa.gov.au/
Click on ‘Acts … in Force 
Click on ‘L’
Scroll down to find LOCAL GOVERNMENT ACT 1995
| Download Act in PDF, Word or HTML, and/or search for any term in the Act. |