❓ Mr. Watson's questions scrutinize the Local Government Standards Panel's handling of complaints, particularly regarding procedures for requesting and using further information from complainants. The Minister's response reveals limitations in the Panel's powers and data collection practices.
AnsweredQoN 1894Legislative Assembly
QuestionView source ↗
In regards to the Local Government Standards Panel, can the Minister please advise: (a) since the inception of the Standards Panel under the Local Government (Official Conduct) Amendment Act 2007 what is the number of complaints have been made to the Standards Panel and how many complainants have made those complaints; (b) since its inception, how many times has the Standards Panel: (i) made a finding under Section 5.110 Clause (2)(a) of the Local Government Act that the breach alleged in the complaint has occurred; and (ii) dismissed the complaint under Section 5. 125 Clause (2) of the Local Government Act ; (c) what are the grounds on which the Standards Panel may dismiss a complaint under Section 5.125 Clause (2); (d) what are the grounds that the Standards Panel has dismissed a complaint under Section 5.125 Clause (2) of the Local Government Act ; (e) since its inception, how many times has the Standards Panel made a finding that the breach alleged in the complaint has not been substantiated or proven; (f) does the Standards Panel have the power to request a complainant, as opposed to a Complaints Officer, to provide further information to substantiate a complaint and, if so, by what statutory authority; (g) does anyone exercise, for and on behalf of the Standards Panel, but without the Standards Panel’s express authority, the power to request a complainant, to provide further information to substantiate a complaint, and, if so: (i) who exercises the power; and (ii) by what or whose authority is that power exercised; (h) what procedure is required for the exercise of the power to request a complainant to provide further information to substantiate a complaint; (i) since the inception of the Standards Panel how many complainants have been sent letters requesting them to provide further information to substantiate their complaints: (i) how many complainants have not responded to these letters within the allotted time; and (ii) how many of those complainants who did not respond within the allotted time have been sent second letters requesting them to provide further information to substantiate their complaints; (j) since the inception of the Standards Panel, how many complaints have resulted in a finding of breach after the complainant has provided further information to substantiate the complaint in response to a written request to do so; (k) since the inception of the Standards Panel, how many complaints have resulted in a finding of no breach, or no proven breach, or unsubstantiated complaint, after the complainant has provided further information to substantiate the complaint in response to a written request to do so; and (l) what are the criteria that govern the exercise of the power to seek from a complainant further information to substantiate a complaint, and what is the source of this criteria?
AnswerView source ↗
Answered
1 April 2014
Responded by
Minister for Local Government
Response time
35 days
(a)
233 complaints have been made containing 422 allegations,124 complainants have made those complaints.
(b)
(i) 81 allegations have resulted in a finding that a minor breach occurred.
(ii) None. This clause relates to the State Administrative Tribunal.
However, under Section 5.110(6)(a) of the
Local Government Act 1995
, the Local Government Standards Panel has found that a minor breach has occurred in regards to 15 allegations and has dealt with the breach by dismissing the complaint.
(c)
None. This clause relates to the State Administrative Tribunal.
However, under Section 5.110(6)(a) of the
Local Government Act 1995
the Panel has the grounds to dismiss a complaint if the Panel is of the view that the breach does not warrant a sanction.
(d)
None. This clause relates to the State Administrative Tribunal.
However, under Section 5.110(6)(a) of the
Local Government Act 1995
the Panel has the grounds to dismiss a complaint when, in its view, no sanction under Section 5.110(6)(b) or (c) of that Act is appropriate.
(e)
The Standards Panel has made a finding in regard to 259 allegations that no minor breach has been proven.
(f)
No. The Standards Panel is not an investigatory body, and does not have legislative power under the
Local Government Act 1995
to require a complainant to provide further information to substantiate a complaint.
(g)
(i), (ii)
No. No one exercises the power to request a complainant to provide further information to substantiate a complaint on behalf of the Standards Panel. No such legislative power exists.
(h)
No legislative power exists to require a complainant to provide further information.
(i)
(i), (ii)
This information is not recorded and would require a manual search of the files. Given the Panel has dealt with 422 allegations since its inception in 2007; it would require a considerable use of resources to search the Department's records to identify specific letters to answer this question.
(j)
This information is not recorded and would require a manual search of the files. Given the Panel has dealt with 422 allegations since its inception in 2007; it would require a considerable use of resources to search the Department's records to identify specific letters to answer this question.
(k)
This information is not recorded and would require a manual search of the files. Given the Panel has dealt with 422 allegations since its inception in 2007; it would require a considerable use of resources to search the Department's records to identify specific letters to answer this question.
(l)
No legislative power exists to require a complainant to provide further information.
233 complaints have been made containing 422 allegations,124 complainants have made those complaints.
(b)
(i) 81 allegations have resulted in a finding that a minor breach occurred.
(ii) None. This clause relates to the State Administrative Tribunal.
However, under Section 5.110(6)(a) of the
Local Government Act 1995
, the Local Government Standards Panel has found that a minor breach has occurred in regards to 15 allegations and has dealt with the breach by dismissing the complaint.
(c)
None. This clause relates to the State Administrative Tribunal.
However, under Section 5.110(6)(a) of the
Local Government Act 1995
the Panel has the grounds to dismiss a complaint if the Panel is of the view that the breach does not warrant a sanction.
(d)
None. This clause relates to the State Administrative Tribunal.
However, under Section 5.110(6)(a) of the
Local Government Act 1995
the Panel has the grounds to dismiss a complaint when, in its view, no sanction under Section 5.110(6)(b) or (c) of that Act is appropriate.
(e)
The Standards Panel has made a finding in regard to 259 allegations that no minor breach has been proven.
(f)
No. The Standards Panel is not an investigatory body, and does not have legislative power under the
Local Government Act 1995
to require a complainant to provide further information to substantiate a complaint.
(g)
(i), (ii)
No. No one exercises the power to request a complainant to provide further information to substantiate a complaint on behalf of the Standards Panel. No such legislative power exists.
(h)
No legislative power exists to require a complainant to provide further information.
(i)
(i), (ii)
This information is not recorded and would require a manual search of the files. Given the Panel has dealt with 422 allegations since its inception in 2007; it would require a considerable use of resources to search the Department's records to identify specific letters to answer this question.
(j)
This information is not recorded and would require a manual search of the files. Given the Panel has dealt with 422 allegations since its inception in 2007; it would require a considerable use of resources to search the Department's records to identify specific letters to answer this question.
(k)
This information is not recorded and would require a manual search of the files. Given the Panel has dealt with 422 allegations since its inception in 2007; it would require a considerable use of resources to search the Department's records to identify specific letters to answer this question.
(l)
No legislative power exists to require a complainant to provide further information.
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