Local Government Act 1995
Local Government (Model Code of Conduct) Regulations 2021
Local Government Act 1995
Local Government (Model Code of Conduct) Regulations 2021
Western Australia
Local Government (Model Code of Conduct) Regulations 2021
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
Part 2 — Model code of conduct
3.Model code of conduct (Act s. 5.103(1))2
Part 3 — Repeal and consequential amendments
Division 1 — Repeal
4.Local Government (Rules of Conduct) Regulations 2007 repealed3
Division 2 — Other regulations amended
5.Local Government (Administration) Regulations 1996 amended3
Part 9A — Minor breaches by council members
34D.Contravention of local law as to conduct (Act s. 5.105(1)(b))3
6.Local Government (Audit) Regulations 1996 amended4
7.Local Government (Constitution) Regulations 1998 amended4
Schedule 1 — Model code of conduct
Division 1 — Preliminary provisions
1.Citation5
2.Terms used5
Division 2 — General principles
3.Overview of Division5
4.Personal integrity5
5.Relationship with others6
6.Accountability6
Division 3 — Behaviour
7.Overview of Division7
8.Personal integrity7
9.Relationship with others7
10.Council or committee meetings8
11.Complaint about alleged breach8
12.Dealing with complaint8
13.Dismissal of complaint10
14.Withdrawal of complaint10
15.Other provisions about complaints10
Division 4 — Rules of conduct
16.Overview of Division11
17.Misuse of local government resources11
18.Securing personal advantage or disadvantaging others11
19.Prohibition against involvement in administration12
20.Relationship with local government employees12
21.Disclosure of information13
22.Disclosure of interests14
23.Compliance with plan requirement15
Notes
Compilation table16
Defined terms
Local Government Act 1995
Local Government (Model Code of Conduct) Regulations 2021
These regulations come into operation as follows —
(a)Part 1 — on the day on which these regulations are published in the Gazette;
(b)the rest of the regulations — on the day on which the Local Government Legislation Amendment Act 2019 sections 48 to 51 come into operation.
Part 2 — Model code of conduct
3.Model code of conduct (Act s. 5.103(1))
The model code of conduct for council members, committee members and candidates is set out in Schedule 1.
Part 3 — Repeal and consequential amendments
4.Local Government (Rules of Conduct) Regulations 2007 repealed
The Local Government (Rules of Conduct) Regulations 2007 are repealed.
Division 2 — Other regulations amended
5.Local Government (Administration) Regulations 1996 amended
(1)This regulation amends the Local Government (Administration) Regulations 1996.
(2)After regulation 34C insert:
Part 9A — Minor breaches by council members
34D.Contravention of local law as to conduct (Act s. 5.105(1)(b))
(1)In this regulation —
local law as to conduct means a local law relating to the conduct of people at council or committee meetings.
(2)The contravention of a local law as to conduct is a minor breach for the purposes of section 5.105(1)(b) of the Act.
6.Local Government (Audit) Regulations 1996 amended
(1)This regulation amends the Local Government (Audit) Regulations 1996.
(2)In regulation 13 in the Table:
(a)under the heading “Local Government Act 1995” delete “s. 5.103” and insert:
s. 5.104
(b)delete:
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Local Government (Rules of Conduct) Regulations 2007 |
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r. 11 |
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7.Local Government (Constitution) Regulations 1998 amended
(1)This regulation amends the Local Government (Constitution) Regulations 1998.
(2)In Schedule 1 Form 7 delete “Local Government (Rules of Conduct) Regulations 2007.” and insert:
code of conduct adopted by the 3 ................................ under section 5.104 of the Local Government Act 1995.
Schedule 1 — Model code of conduct
[r. 3]
Division 1 — Preliminary provisions
This is the [insert name of local government] Code of Conduct for Council Members, Committee Members and Candidates.
(1)In this code —
Act means the Local Government Act 1995;
candidate means a candidate for election as a council member;
complaint means a complaint made under clause 11(1);
publish includes to publish on a social media platform.
(2)Other terms used in this code that are also used in the Act have the same meaning as they have in the Act, unless the contrary intention appears.
Division 2 — General principles
This Division sets out general principles to guide the behaviour of council members, committee members and candidates.
(1)A council member, committee member or candidate should —
(a)act with reasonable care and diligence; and
(b)act with honesty and integrity; and
(c)act lawfully; and
(d)identify and appropriately manage any conflict of interest; and
(e)avoid damage to the reputation of the local government.
(2)A council member or committee member should —
(a)act in accordance with the trust placed in council members and committee members; and
(b)participate in decision‑making in an honest, fair, impartial and timely manner; and
(c)actively seek out and engage in training and development opportunities to improve the performance of their role; and
(d)attend and participate in briefings, workshops and training sessions provided or arranged by the local government in relation to the performance of their role.
(1)A council member, committee member or candidate should —
(a)treat others with respect, courtesy and fairness; and
(b)respect and value diversity in the community.
(2)A council member or committee member should maintain and contribute to a harmonious, safe and productive work environment.
A council member or committee member should —
(a)base decisions on relevant and factually correct information; and
(b)make decisions on merit, in the public interest and in accordance with statutory obligations and principles of good governance and procedural fairness; and
(c)read all agenda papers given to them in relation to council or committee meetings; and
(d)be open and accountable to, and represent, the community in the district.
This Division sets out —
(a)requirements relating to the behaviour of council members, committee members and candidates; and
(b)the mechanism for dealing with alleged breaches of those requirements.
(1)A council member, committee member or candidate —
(a)must ensure that their use of social media and other forms of communication complies with this code; and
(b)must only publish material that is factually correct.
(2)A council member or committee member —
(a)must not be impaired by alcohol or drugs in the performance of their official duties; and
(b)must comply with all policies, procedures and resolutions of the local government.
A council member, committee member or candidate —
(a)must not bully or harass another person in any way; and
(b)must deal with the media in a positive and appropriate manner and in accordance with any relevant policy of the local government; and
(c)must not use offensive or derogatory language when referring to another person; and
(d)must not disparage the character of another council member, committee member or candidate or a local government employee in connection with the performance of their official duties; and
(e)must not impute dishonest or unethical motives to another council member, committee member or candidate or a local government employee in connection with the performance of their official duties.
10.Council or committee meetings
When attending a council or committee meeting, a council member, committee member or candidate —
(a)must not act in an abusive or threatening manner towards another person; and
(b)must not make a statement that the member or candidate knows, or could reasonably be expected to know, is false or misleading; and
(c)must not repeatedly disrupt the meeting; and
(d)must comply with any requirements of a local law of the local government relating to the procedures and conduct of council or committee meetings; and
(e)must comply with any direction given by the person presiding at the meeting; and
(f)must immediately cease to engage in any conduct that has been ruled out of order by the person presiding at the meeting.
11.Complaint about alleged breach
(1)A person may make a complaint, in accordance with subclause (2), alleging a breach of a requirement set out in this Division.
(2)A complaint must be made —
(a)in writing in the form approved by the local government; and
(b)to a person authorised under subclause (3); and
(c)within 1 month after the occurrence of the alleged breach.
(3)The local government must, in writing, authorise 1 or more persons to receive complaints and withdrawals of complaints.
(1)After considering a complaint, the local government must, unless it dismisses the complaint under clause 13 or the complaint is withdrawn under clause 14(1), make a finding as to whether the alleged breach the subject of the complaint has occurred.
(2)Before making a finding in relation to the complaint, the local government must give the person to whom the complaint relates a reasonable opportunity to be heard.
(3)A finding that the alleged breach has occurred must be based on evidence from which it may be concluded that it is more likely that the breach occurred than that it did not occur.
(4)If the local government makes a finding that the alleged breach has occurred, the local government may —
(a)take no further action; or
(b)prepare and implement a plan to address the behaviour of the person to whom the complaint relates.
(5)When preparing a plan under subclause (4)(b), the local government must consult with the person to whom the complaint relates.
(6)A plan under subclause (4)(b) may include a requirement for the person to whom the complaint relates to do 1 or more of the following —
(a)engage in mediation;
(b)undertake counselling;
(c)undertake training;
(d)take other action the local government considers appropriate.
(7)If the local government makes a finding in relation to the complaint, the local government must give the complainant, and the person to whom the complaint relates, written notice of —
(a)its finding and the reasons for its finding; and
(b)if its finding is that the alleged breach has occurred — its decision under subclause (4).
(1)The local government must dismiss a complaint if it is satisfied that —
(a)the behaviour to which the complaint relates occurred at a council or committee meeting; and
(b)either —
(i)the behaviour was dealt with by the person presiding at the meeting; or
(ii)the person responsible for the behaviour has taken remedial action in accordance with a local law of the local government that deals with meeting procedures.
(2)If the local government dismisses a complaint, the local government must give the complainant, and the person to whom the complaint relates, written notice of its decision and the reasons for its decision.
(1)A complainant may withdraw their complaint at any time before the local government makes a finding in relation to the complaint.
(2)The withdrawal of a complaint must be —
(a)in writing; and
(b)given to a person authorised under clause 11(3).
15.Other provisions about complaints
(1)A complaint about an alleged breach by a candidate cannot be dealt with by the local government unless the candidate has been elected as a council member.
(2)The procedure for dealing with complaints may be determined by the local government to the extent that it is not provided for in this Division.
Notes for this Division:
1.Under section 5.105(1) of the Act a council member commits a minor breach if the council member contravenes a rule of conduct. This extends to the contravention of a rule of conduct that occurred when the council member was a candidate.
2.A minor breach is dealt with by a standards panel under section 5.110 of the Act.
(1)This Division sets out rules of conduct for council members and candidates.
(2)A reference in this Division to a council member includes a council member when acting as a committee member.
17.Misuse of local government resources
(1)In this clause —
electoral purpose means the purpose of persuading electors to vote in a particular way at an election, referendum or other poll held under the Act, the Electoral Act 1907 or the Commonwealth Electoral Act 1918;
resources of a local government includes —
(a)local government property; and
(b)services provided, or paid for, by a local government.
(2)A council member must not, directly or indirectly, use the resources of a local government for an electoral purpose or other purpose unless authorised under the Act, or by the local government or the CEO, to use the resources for that purpose.
18.Securing personal advantage or disadvantaging others
(1)A council member must not make improper use of their office —
(a)to gain, directly or indirectly, an advantage for the council member or any other person; or
(b)to cause detriment to the local government or any other person.
(2)Subclause (1) does not apply to conduct that contravenes section 5.93 of the Act or The Criminal Code section 83.
19.Prohibition against involvement in administration
(1)A council member must not undertake a task that contributes to the administration of the local government unless authorised by the local government or the CEO to undertake that task.
(2)Subclause (1) does not apply to anything that a council member does as part of the deliberations at a council or committee meeting.
20.Relationship with local government employees
(1)In this clause —
local government employee means a person —
(a)employed by a local government under section 5.36(1) of the Act; or
(b)engaged by a local government under a contract for services.
(2)A council member or candidate must not —
(a)direct or attempt to direct a local government employee to do or not to do anything in their capacity as a local government employee; or
(b)attempt to influence, by means of a threat or the promise of a reward, the conduct of a local government employee in their capacity as a local government employee; or
(c)act in an abusive or threatening manner towards a local government employee.
(3)Subclause (2)(a) does not apply to anything that a council member does as part of the deliberations at a council or committee meeting.
(4)If a council member or candidate, in their capacity as a council member or candidate, is attending a council or committee meeting or other organised event (for example, a briefing or workshop), the council member or candidate must not orally, in writing or by any other means —
(a)make a statement that a local government employee is incompetent or dishonest; or
(b)use an offensive or objectionable expression when referring to a local government employee.
(5)Subclause (4)(a) does not apply to conduct that is unlawful under The Criminal Code Chapter XXXV.
(1)In this clause —
closed meeting means a council or committee meeting, or a part of a council or committee meeting, that is closed to members of the public under section 5.23(2) of the Act;
confidential document means a document marked by the CEO, or by a person authorised by the CEO, to clearly show that the information in the document is not to be disclosed;
document includes a part of a document;
non‑confidential document means a document that is not a confidential document.
(2)A council member must not disclose information that the council member —
(a)derived from a confidential document; or
(b)acquired at a closed meeting other than information derived from a non‑confidential document.
(3)Subclause (2) does not prevent a council member from disclosing information —
(a)at a closed meeting; or
(b)to the extent specified by the council and subject to such other conditions as the council determines; or
(c)that is already in the public domain; or
(d)to an officer of the Department; or
(e)to the Minister; or
(f)to a legal practitioner for the purpose of obtaining legal advice; or
(g)if the disclosure is required or permitted by law.
(1)In this clause —
interest —
(a)means an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest; and
(b)includes an interest arising from kinship, friendship or membership of an association.
(2)A council member who has an interest in any matter to be discussed at a council or committee meeting attended by the council member must disclose the nature of the interest —
(a)in a written notice given to the CEO before the meeting; or
(b)at the meeting immediately before the matter is discussed.
(3)Subclause (2) does not apply to an interest referred to in section 5.60 of the Act.
(4)Subclause (2) does not apply if a council member fails to disclose an interest because the council member did not know —
(a)that they had an interest in the matter; or
(b)that the matter in which they had an interest would be discussed at the meeting and the council member disclosed the interest as soon as possible after the discussion began.
(5)If, under subclause (2)(a), a council member discloses an interest in a written notice given to the CEO before a meeting, then —
(a)before the meeting the CEO must cause the notice to be given to the person who is to preside at the meeting; and
(b)at the meeting the person presiding must bring the notice and its contents to the attention of the persons present immediately before any matter to which the disclosure relates is discussed.
(6)Subclause (7) applies in relation to an interest if —
(a)under subclause (2)(b) or (4)(b) the interest is disclosed at a meeting; or
(b)under subclause (5)(b) notice of the interest is brought to the attention of the persons present at a meeting.
(7)The nature of the interest must be recorded in the minutes of the meeting.
23.Compliance with plan requirement
If a plan under clause 12(4)(b) in relation to a council member includes a requirement referred to in clause 12(6), the council member must comply with the requirement.
This is a compilation of the Local Government (Model Code of Conduct) Regulations 2021. For provisions that have come into operation see the compilation table.
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Citation |
Published |
Commencement |
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Local Government (Model Code of Conduct) Regulations 2021 |
SL 2021/15 |
Pt. 1: 2 Feb 2021 (see r. 2(a)); |
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
ActSch. 1 cl. 2(1)
candidateSch. 1 cl. 2(1)
closed meetingSch. 1 cl. 21(1)
complaintSch. 1 cl. 2(1)
confidential documentSch. 1 cl. 21(1)
documentSch. 1 cl. 21(1)
electoral purposeSch. 1 cl. 17(1)
interestSch. 1 cl. 22(1)
local government employeeSch. 1 cl. 20(1)
non‑confidential documentSch. 1 cl. 21(1)
publishSch. 1 cl. 2(1)
resources of a local governmentSch. 1 cl. 17(1)