BILL 181 PASSED BY WA STATE GOVERNMENT

ALREADY COMPROMISED EM WHISTLEBLOWER SAFETY BLOWN UP BY WA PARLIAMENT 

Local Government Amendment Bill 2024, not supported by evidence, public submissions or the public interest in LG good governance, but supported by LG Minister, DLGSC, WALGA and LG Pro (on the face of it in CEO interests) has now been enacted by parliament.

Chair, Sandra Boulter said “LGEMA has been watching closely, and has tried to raise awareness of the implications of Bill 181, to try and stop its passing. We however regret to inform members that its progression has been pushed through in what we believe is a sad day for elected members”. 

https://rockingham.wa.gov.au/forms-and-publications/your-city/about-us/local-laws-council-policies-and-delegations/council-policies

However, some amendments have not yet been proclaimed which means they are not yet operative.

The former version of the LG Act annotated with the adopted amendments in blue (some of which are proclaimed), so you can find the changes easily, is  here (pdf 2Mb)

The amendments, which have been proclaimed have been operative since 19 May 2023 and some since 1 July 2023 and are in the LG Act current as at 1 July 2023 here (https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_551_homepage.html )

You can download a free copy of the newly amended Act  in pdf, or word (easier to copy bits from), versions from the website link above. If you download a word copy and search using catchword “2023”, you should find the changes which have been proclaimed.

We do not recommend buying hard copy until all the amendments have been proclaimed and are included in the Act (to purchase a copy you can click on the trolley icon beside the LG Act title, pay for it, and it will then be mailed to you).

Some of the regulations required to give substance to some of the provisions have been tabled. – some are operative and others are not.

Prudent Elected Members and Councils will familiarise themselves as a matter of urgency with changes to the practice and procedure for Local Government elections (not yet proclaimed but shown in the marked in blue copy here (pdf 2Mb)) , which will be held in October this year.

For some information about LG elections click here

You can download a copy of the submission here LGEMA-Submission-DLGSC-Law Reform-FINAL (1MB pdf)

The Constitution Act 1889 (WA) Part 111B s.52(1) gives all  local government powers including but not limited to executive, legislative and administrative to the local governing body. The elected governing body is a group of elected persons that have the authority to govern the locality. Constitutionally, local government powers cannot be given to other than to or through the elected governing body. Governance encompasses the system by which an organisation is controlled and operates, and the mechanisms by which it, and its people, are held to account. Ethics, risk management, compliance and administration are governance elements.

Parliament implements these constitutional obligations by enacting a Local Government Act, which creates a local government, a Council and an administration none of which are required by the Constitution. Elected Members, who ARE the only local government constitutional requirements have no support or protection by the current Local Government Act, and no improvement in this parlous state of affairs is observed from the current reform proposals.

25 February 2022 5pm: Submissions due, but if you need an extension request one before the closing date
Submissions: Summary of proposed reforms are on DLGSC website, submissions can be made by comment on each list of specific proposals, or directly  actreview@dlgsc.wa.gov.au

Councils: Prudent Councils will workshop the proposed amendments with an expert of their choice, and not necessarily adopt employee recommendations

Elected Members: Can make their own submissions as an EM, as long as they make clear they are making on their own behalf

Employee Submissions: Employee interests in LG Act amendments are often opposite to EM and community interests. Prudent EMs will monitor and Councils will prohibit CEO and electors will ask public questions at meetings about employee submissions being made on behalf of their Local  Government without Council knowledge or endorsement.

More than one submission: Any person, EM or Council can make more than one submission, so start making small ones now, so a mammoth task does not hover in the future

Elected Member Local Government email address can be “resource” for Conduct Regulations in two senses:

• text comprising the email address
• dedicated email service provided by LG.

Local Government email address is Local Government ‘resource’ for the purposes of the conduct Regulations
Authorisation by CEO or Council to use Local Government email in certain way might be implied as finding of fact, which includes from Local Government elections policy, or Record Keeping Plan.

Informal advice from Local Government employees about using Local Government email address needs formal recognition to be relied on as “defence”, say in policy or RKP.

Local Governments RKP only required EM to create and keep records of “performance of EM functions arising from their participation in “decision-making processes” of Council and Committees of Council.

EM reliance on WALGA training course slide misplaced, and cannot exempt Elected Member from complying with rule of conduct.

Elected Members use of the City’s email address, to create and distribute the 2020 e-newsletter, met relevant test of persuasion under Conduct Regs and was minor breach.

See Kunze and Local Government Standards Panel [2021] WASAT 159

1. There are new regulations just gazetted to assist local government Elected Members to meet safely. 
2. Here is a draft Letter of Notice that Mayors and Shire Presidents might like to consider sending to their Councillors and Administrators after consultation with their CEO. 
3. Here is a synopsis of new LG regulations for electronic meetings