LEGISLATION WA (LAWS)
The LOCAL GOVERNMENT ACT 1995 (WA) (LG Act) is an example of an Act of the WA Parliament, which establishes Local Governments throughout WA. 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.
EXPLANATORY NOTE
The text of WA laws – Acts and Regulations – is found here ttps://www.legislation.wa.gov.au/
A beginner’s guide to reading laws is here https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/howtoreadlegislation.pdf/$FILE/How%20to%20read%20legislation.pdf?OpenElement
Some Frequently Asked Questions about WA laws are here https://www.legislation.wa.gov.au/legislation/statutes.nsf/faq.html
A “Bill” is the document Parliament debates when deciding whether or not to adopt the words of the Bill as an Act of parliament. You can follow the passage of Bills through the WA Parliament here http://www.parliament.wa.gov.au/parliament/bills.nsf/WebAllBills
ACT
What is an Act of Parliament?
An Act of Parliament makes binding law and also authorises making subsidiary legislation such as Regulations and Local Government Local Laws.
See here about the difference between law and policy.
How to find current WA Acts of Parliament
Using the Local Government Act 1995 as an example:
Click on 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 Word or PDF, and/or search any term in the Act;
OR just click here for the Local Government Act 1995.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/actsif_l.html
NB: Make sure you click on the current 1995 version, not the repealed 1960 version.
NB: Laws are often amended, so if you have downloaded a version, always check it has not been changed before relying on it, by checking date of the last version on the particular Act under the heading Currency Start.
SUBSIDIARY LEGISATION – REGULATIONS
What is a Regulation?
A Regulation is made under the authority of the Act to which it relates. A Regulation fills in the detail of an Act, where the detail might need to be changed more often than the Act itself, which takes much longer to change.
Fourteen different Local Government Regulations made with the authority of the Local Government Act 1995 fill in the details of Local Government law.
How to find Current WA Regulations
Using Regulations made under the Local Government Act 1995 as an example:
Click here https://www.legislation.wa.gov.au/legislation/statutes.nsf/subsif.html
Click on ‘Subsidiary Legislation in Force’
Click on ‘L’
You will find 14 different sets of Regulations made under the Local Government Act 1995 starting at Local Government (Administration) Regulations 1996.
Download Regulations in Word or PDF, and/or search any term you are interested in.
OR just click here https://www.legislation.wa.gov.au/legislation/statutes.nsf/subsif_l.html
for all the Local Government Act 1995 authorised regulations and scroll down until you find the one you need.
SUBSIDIARY LEGISATION – LOCAL LAW
LOCAL LAWS are binding laws made by a particular Local Government, which apply only to that Local Government’s District. The text of all local laws is here https://www.dlgsc.wa.gov.au/local-government/local-governments/local-laws/local-laws-register
Look at the local laws already in force before expending municipal fund resources. Don’t reinvent the wheel. Selectively use clauses from relevant adopted local law, thus making one appropriate for your local needs. Examine any local law or local law amendment proposed by your CEO against existing local laws.
COMMON LAW
Courts and Tribunals interpret and apply laws. The body of court decisions is called the common law and might be referred to as judge-made law. This body of law sets precedents when made by superior courts. Lower courts and tribunals do not set precedents.
Examples Local Government court decisions of interest can be found here and SAT Standards Panel Related Decisions here.
HELP
ABOUT THE LAW here https://www.legalaid.wa.gov.au/index.php/find-legal-answers/about-law
CYBER-BULLYING AND ONLINE HARRASSMENT here https://www.legalaid.wa.gov.au/find-legal-answers/your-rights/discrimination-harassment-and-bullying
DEALING WITH NEIGHBOUR DISPUTES here https://www.legalaid.wa.gov.au/find-legal-answers/homes-and-neighbours/dealing-neighbours
DEFAMATION here https://www.legalaid.wa.gov.au/find-legal-answers/your-rights/discrimination-harassment-and-bullying/defamation
DISCRIMINATION here https://www.legalaid.wa.gov.au/find-legal-answers/your-rights/discrimination-harassment-and-bullying/discrimination
LEGAL HELP here https://www.legalaid.wa.gov.au/get-legal-help
NEGOTIATION here https://www.legalaid.wa.gov.au/find-legal-answers/about-law/negotiation
PRIVACY AND FREEDOM OF INFORMATION here https://www.legalaid.wa.gov.au/index.php/find-legal-answers/your-rights/privacy-and-freedom-information
TIPS FOR HIRING A LAWYER here https://www.legalaid.wa.gov.au/find-legal-answers/about-law/tips-hiring-private-lawyer
YOUR RIGHTS here https://www.legalaid.wa.gov.au/find-legal-answers/your-rights