Hon Robin Chapple questions the Minister for Local Government regarding a complaint about non-declaration of financial interests by City of Kalgoorlie-Boulder councillors, specifically concerning Items 16.2.6 and 16.2.7, and the delay in investigation and potential prosecution.

AnsweredQoN 2529Legislative Council
Asked
26 October 2004
Portfolio
Local Government and Regional Development

QuestionView source ↗

I refer to a complaint dated March 17 2004 concerning the City of Kalgoorlie-Boulder, non-declaration of financial interests sent to the Minister for Local Government and Regional Development -
(1) Can the Minister state the specific date on which the above letter was received in the office?
(2) If no to (1), why not?
(3) Can the Minister state why it has taken over seven months, and still as of October 26 2004 the investigation has not been finalised into all of these matters?
(4) If no to (3), why not?
(5) Can the Minister give the specific reasons why the Councillor named has not breached Section 5.65 of the
Local Government Act 1995
in relation to Item 16.2.6, given that he did not declare any interest even though he had been named in the above letter in the list of disclosing members approved to participate in discussions and decision making process relating to Item 16.2.6, and has previously declared a financial interest in this development by disclosing ownership of a commercial property (eg. September 10 2001, October 27 2003, February 24 2004)?
(6) If no to (5), why not?
(7) Will the Department institute prosecution proceedings or be prosecuting the Councillor referred to in question (5) above?
(8) If no to (7), why not?
(9) Can the Minister give the specific reasons why all the persons named in the letter of March 17 2004 have not breached Section 5.65 of the
Local Government Act 1995
by the non-declaration of a financial interest in relation to Item 16.2.7?
(10) If no to (9), why not?
(11) Can the Minister give the specific reasons why the specific Councillor named in the complaint has not breached Section 5.65 of the
Local Government Act 1995
by non-declaration of a financial interest in relation to Item 16.2.7?
(12) If no to (11), why not?
(13) Will the Department institute prosecution proceedings or prosecute any of the persons referred to in the letter of March 17 2004, and in questions (9) and (11) above?
(14) If no to (13), why not?
(15) Will the Minister ensure that if any prosecution action is taken, that it is done well within the statutory time limit of the offences?
(16) If no to (15), why not?

AnswerView source ↗

Answered
17 November 2004
Responded by
Minister for Local Government and Regional Development
Response time
22 days
(2) N/A (3) Financial interest allegations are prioritised according to the seriousness of the complaint. Preliminary examination of this complaint indicated a lower priority in relation to other complaints. It was also necessary for the Department to seek information from the City of Kalgoorlie-Boulder. Assessment of the complaint has now been completed and the complainant will be advised of the outcome shortly. (4) n/a (5)-(6) I am advised by the Department of Local Government and Regional Development that the decision to disclose a financial interest is for each elected member to decide. The approval given for the disclosing members to participate in the Council meeting of 8 March 2004, which included the elected member named in the letter of 17 March 2004, was on the basis that the disclosed interest was considered both remote and speculative. I am further advised that the elements that must be present to prove that an offence has been committed are as follows: A reasonable expectation must exist of any possibility of future financial consequences for the person; The local government must be able to deal with the matter in a particular way; and The matter may result in a financial gain, loss, benefit or detriment for the person. Based on the information examined, the Department does not believe all these elements were present in this case. (7)-(8) Refer to answer in 5/6 above. (9)-(10) The decision to disclose a financial interest is for each elected member to decide. Based on the information examined, any interest held by the persons named in the letter of 17 March 2004 appears to be remote and speculative. (11)-(12) To prosecute an offence under section 5.65 of the Local Government Act 1995, the following elements must be present to prove that an offence has been committed: A reasonable expectation must exist of any possibility of future financial consequences for the person; The local government must be able to deal with the matter in a particular way; and The matter may result in a financial gain, loss, benefit or detriment for the person. Based on the information examined, the Department does not believe all these elements were present in this case. (13) No (14) The Department of Local Government and Regional Development does not believe that there are any offences to prosecute. (15)-(16) I am advised by the Department Of Local Government and Regional Development that the complaints examined do not provide evidence to support the need for any prosecutions under the Local Government Act 1995. There is no statutory time limit applicable to offences committed under the financial interest provisions of the Local Government Act.
(3) Financial interest allegations are prioritised according to the seriousness of the complaint. Preliminary examination of this complaint indicated a lower priority in relation to other complaints. It was also necessary for the Department to seek information from the City of Kalgoorlie-Boulder. Assessment of the complaint has now been completed and the complainant will be advised of the outcome shortly. (4) n/a (5)-(6) I am advised by the Department of Local Government and Regional Development that the decision to disclose a financial interest is for each elected member to decide. The approval given for the disclosing members to participate in the Council meeting of 8 March 2004, which included the elected member named in the letter of 17 March 2004, was on the basis that the disclosed interest was considered both remote and speculative. I am further advised that the elements that must be present to prove that an offence has been committed are as follows: A reasonable expectation must exist of any possibility of future financial consequences for the person; The local government must be able to deal with the matter in a particular way; and The matter may result in a financial gain, loss, benefit or detriment for the person. Based on the information examined, the Department does not believe all these elements were present in this case. (7)-(8) Refer to answer in 5/6 above. (9)-(10) The decision to disclose a financial interest is for each elected member to decide. Based on the information examined, any interest held by the persons named in the letter of 17 March 2004 appears to be remote and speculative. (11)-(12) To prosecute an offence under section 5.65 of the Local Government Act 1995, the following elements must be present to prove that an offence has been committed: A reasonable expectation must exist of any possibility of future financial consequences for the person; The local government must be able to deal with the matter in a particular way; and The matter may result in a financial gain, loss, benefit or detriment for the person. Based on the information examined, the Department does not believe all these elements were present in this case. (13) No (14) The Department of Local Government and Regional Development does not believe that there are any offences to prosecute. (15)-(16) I am advised by the Department Of Local Government and Regional Development that the complaints examined do not provide evidence to support the need for any prosecutions under the Local Government Act 1995. There is no statutory time limit applicable to offences committed under the financial interest provisions of the Local Government Act.
(4) n/a (5)-(6) I am advised by the Department of Local Government and Regional Development that the decision to disclose a financial interest is for each elected member to decide. The approval given for the disclosing members to participate in the Council meeting of 8 March 2004, which included the elected member named in the letter of 17 March 2004, was on the basis that the disclosed interest was considered both remote and speculative. I am further advised that the elements that must be present to prove that an offence has been committed are as follows: A reasonable expectation must exist of any possibility of future financial consequences for the person; The local government must be able to deal with the matter in a particular way; and The matter may result in a financial gain, loss, benefit or detriment for the person. Based on the information examined, the Department does not believe all these elements were present in this case. (7)-(8) Refer to answer in 5/6 above. (9)-(10) The decision to disclose a financial interest is for each elected member to decide. Based on the information examined, any interest held by the persons named in the letter of 17 March 2004 appears to be remote and speculative. (11)-(12) To prosecute an offence under section 5.65 of the Local Government Act 1995, the following elements must be present to prove that an offence has been committed: A reasonable expectation must exist of any possibility of future financial consequences for the person; The local government must be able to deal with the matter in a particular way; and The matter may result in a financial gain, loss, benefit or detriment for the person. Based on the information examined, the Department does not believe all these elements were present in this case. (13) No (14) The Department of Local Government and Regional Development does not believe that there are any offences to prosecute. (15)-(16) I am advised by the Department Of Local Government and Regional Development that the complaints examined do not provide evidence to support the need for any prosecutions under the Local Government Act 1995. There is no statutory time limit applicable to offences committed under the financial interest provisions of the Local Government Act.
(5)-(6) I am advised by the Department of Local Government and Regional Development that the decision to disclose a financial interest is for each elected member to decide. The approval given for the disclosing members to participate in the Council meeting of 8 March 2004, which included the elected member named in the letter of 17 March 2004, was on the basis that the disclosed interest was considered both remote and speculative. I am further advised that the elements that must be present to prove that an offence has been committed are as follows: A reasonable expectation must exist of any possibility of future financial consequences for the person; The local government must be able to deal with the matter in a particular way; and The matter may result in a financial gain, loss, benefit or detriment for the person. Based on the information examined, the Department does not believe all these elements were present in this case. (7)-(8) Refer to answer in 5/6 above. (9)-(10) The decision to disclose a financial interest is for each elected member to decide. Based on the information examined, any interest held by the persons named in the letter of 17 March 2004 appears to be remote and speculative. (11)-(12) To prosecute an offence under section 5.65 of the Local Government Act 1995, the following elements must be present to prove that an offence has been committed: A reasonable expectation must exist of any possibility of future financial consequences for the person; The local government must be able to deal with the matter in a particular way; and The matter may result in a financial gain, loss, benefit or detriment for the person. Based on the information examined, the Department does not believe all these elements were present in this case. (13) No (14) The Department of Local Government and Regional Development does not believe that there are any offences to prosecute. (15)-(16) I am advised by the Department Of Local Government and Regional Development that the complaints examined do not provide evidence to support the need for any prosecutions under the Local Government Act 1995. There is no statutory time limit applicable to offences committed under the financial interest provisions of the Local Government Act.
A reasonable expectation must exist of any possibility of future financial consequences for the person; The local government must be able to deal with the matter in a particular way; and The matter may result in a financial gain, loss, benefit or detriment for the person. Based on the information examined, the Department does not believe all these elements were present in this case. (7)-(8) Refer to answer in 5/6 above. (9)-(10) The decision to disclose a financial interest is for each elected member to decide. Based on the information examined, any interest held by the persons named in the letter of 17 March 2004 appears to be remote and speculative. (11)-(12) To prosecute an offence under section 5.65 of the Local Government Act 1995, the following elements must be present to prove that an offence has been committed: A reasonable expectation must exist of any possibility of future financial consequences for the person; The local government must be able to deal with the matter in a particular way; and The matter may result in a financial gain, loss, benefit or detriment for the person. Based on the information examined, the Department does not believe all these elements were present in this case. (13) No (14) The Department of Local Government and Regional Development does not believe that there are any offences to prosecute. (15)-(16) I am advised by the Department Of Local Government and Regional Development that the complaints examined do not provide evidence to support the need for any prosecutions under the Local Government Act 1995. There is no statutory time limit applicable to offences committed under the financial interest provisions of the Local Government Act.
The local government must be able to deal with the matter in a particular way; and The matter may result in a financial gain, loss, benefit or detriment for the person. Based on the information examined, the Department does not believe all these elements were present in this case. (7)-(8) Refer to answer in 5/6 above. (9)-(10) The decision to disclose a financial interest is for each elected member to decide. Based on the information examined, any interest held by the persons named in the letter of 17 March 2004 appears to be remote and speculative. (11)-(12) To prosecute an offence under section 5.65 of the Local Government Act 1995, the following elements must be present to prove that an offence has been committed: A reasonable expectation must exist of any possibility of future financial consequences for the person; The local government must be able to deal with the matter in a particular way; and The matter may result in a financial gain, loss, benefit or detriment for the person. Based on the information examined, the Department does not believe all these elements were present in this case. (13) No (14) The Department of Local Government and Regional Development does not believe that there are any offences to prosecute. (15)-(16) I am advised by the Department Of Local Government and Regional Development that the complaints examined do not provide evidence to support the need for any prosecutions under the Local Government Act 1995. There is no statutory time limit applicable to offences committed under the financial interest provisions of the Local Government Act.
The matter may result in a financial gain, loss, benefit or detriment for the person. Based on the information examined, the Department does not believe all these elements were present in this case. (7)-(8) Refer to answer in 5/6 above. (9)-(10) The decision to disclose a financial interest is for each elected member to decide. Based on the information examined, any interest held by the persons named in the letter of 17 March 2004 appears to be remote and speculative. (11)-(12) To prosecute an offence under section 5.65 of the Local Government Act 1995, the following elements must be present to prove that an offence has been committed: A reasonable expectation must exist of any possibility of future financial consequences for the person; The local government must be able to deal with the matter in a particular way; and The matter may result in a financial gain, loss, benefit or detriment for the person. Based on the information examined, the Department does not believe all these elements were present in this case. (13) No (14) The Department of Local Government and Regional Development does not believe that there are any offences to prosecute. (15)-(16) I am advised by the Department Of Local Government and Regional Development that the complaints examined do not provide evidence to support the need for any prosecutions under the Local Government Act 1995. There is no statutory time limit applicable to offences committed under the financial interest provisions of the Local Government Act.
Based on the information examined, the Department does not believe all these elements were present in this case. (7)-(8) Refer to answer in 5/6 above. (9)-(10) The decision to disclose a financial interest is for each elected member to decide. Based on the information examined, any interest held by the persons named in the letter of 17 March 2004 appears to be remote and speculative. (11)-(12) To prosecute an offence under section 5.65 of the Local Government Act 1995, the following elements must be present to prove that an offence has been committed: A reasonable expectation must exist of any possibility of future financial consequences for the person; The local government must be able to deal with the matter in a particular way; and The matter may result in a financial gain, loss, benefit or detriment for the person. Based on the information examined, the Department does not believe all these elements were present in this case. (13) No (14) The Department of Local Government and Regional Development does not believe that there are any offences to prosecute. (15)-(16) I am advised by the Department Of Local Government and Regional Development that the complaints examined do not provide evidence to support the need for any prosecutions under the Local Government Act 1995. There is no statutory time limit applicable to offences committed under the financial interest provisions of the Local Government Act.
(7)-(8) Refer to answer in 5/6 above. (9)-(10) The decision to disclose a financial interest is for each elected member to decide. Based on the information examined, any interest held by the persons named in the letter of 17 March 2004 appears to be remote and speculative. (11)-(12) To prosecute an offence under section 5.65 of the Local Government Act 1995, the following elements must be present to prove that an offence has been committed: A reasonable expectation must exist of any possibility of future financial consequences for the person; The local government must be able to deal with the matter in a particular way; and The matter may result in a financial gain, loss, benefit or detriment for the person. Based on the information examined, the Department does not believe all these elements were present in this case. (13) No (14) The Department of Local Government and Regional Development does not believe that there are any offences to prosecute. (15)-(16) I am advised by the Department Of Local Government and Regional Development that the complaints examined do not provide evidence to support the need for any prosecutions under the Local Government Act 1995. There is no statutory time limit applicable to offences committed under the financial interest provisions of the Local Government Act.
(9)-(10) The decision to disclose a financial interest is for each elected member to decide. Based on the information examined, any interest held by the persons named in the letter of 17 March 2004 appears to be remote and speculative. (11)-(12) To prosecute an offence under section 5.65 of the Local Government Act 1995, the following elements must be present to prove that an offence has been committed: A reasonable expectation must exist of any possibility of future financial consequences for the person; The local government must be able to deal with the matter in a particular way; and The matter may result in a financial gain, loss, benefit or detriment for the person. Based on the information examined, the Department does not believe all these elements were present in this case. (13) No (14) The Department of Local Government and Regional Development does not believe that there are any offences to prosecute. (15)-(16) I am advised by the Department Of Local Government and Regional Development that the complaints examined do not provide evidence to support the need for any prosecutions under the Local Government Act 1995. There is no statutory time limit applicable to offences committed under the financial interest provisions of the Local Government Act.
(11)-(12) To prosecute an offence under section 5.65 of the Local Government Act 1995, the following elements must be present to prove that an offence has been committed: A reasonable expectation must exist of any possibility of future financial consequences for the person; The local government must be able to deal with the matter in a particular way; and The matter may result in a financial gain, loss, benefit or detriment for the person. Based on the information examined, the Department does not believe all these elements were present in this case. (13) No (14) The Department of Local Government and Regional Development does not believe that there are any offences to prosecute. (15)-(16) I am advised by the Department Of Local Government and Regional Development that the complaints examined do not provide evidence to support the need for any prosecutions under the Local Government Act 1995. There is no statutory time limit applicable to offences committed under the financial interest provisions of the Local Government Act.
A reasonable expectation must exist of any possibility of future financial consequences for the person; The local government must be able to deal with the matter in a particular way; and The matter may result in a financial gain, loss, benefit or detriment for the person. Based on the information examined, the Department does not believe all these elements were present in this case. (13) No (14) The Department of Local Government and Regional Development does not believe that there are any offences to prosecute. (15)-(16) I am advised by the Department Of Local Government and Regional Development that the complaints examined do not provide evidence to support the need for any prosecutions under the Local Government Act 1995. There is no statutory time limit applicable to offences committed under the financial interest provisions of the Local Government Act.
The local government must be able to deal with the matter in a particular way; and The matter may result in a financial gain, loss, benefit or detriment for the person. Based on the information examined, the Department does not believe all these elements were present in this case. (13) No (14) The Department of Local Government and Regional Development does not believe that there are any offences to prosecute. (15)-(16) I am advised by the Department Of Local Government and Regional Development that the complaints examined do not provide evidence to support the need for any prosecutions under the Local Government Act 1995. There is no statutory time limit applicable to offences committed under the financial interest provisions of the Local Government Act.
The matter may result in a financial gain, loss, benefit or detriment for the person. Based on the information examined, the Department does not believe all these elements were present in this case. (13) No (14) The Department of Local Government and Regional Development does not believe that there are any offences to prosecute. (15)-(16) I am advised by the Department Of Local Government and Regional Development that the complaints examined do not provide evidence to support the need for any prosecutions under the Local Government Act 1995. There is no statutory time limit applicable to offences committed under the financial interest provisions of the Local Government Act.
Based on the information examined, the Department does not believe all these elements were present in this case. (13) No (14) The Department of Local Government and Regional Development does not believe that there are any offences to prosecute. (15)-(16) I am advised by the Department Of Local Government and Regional Development that the complaints examined do not provide evidence to support the need for any prosecutions under the Local Government Act 1995. There is no statutory time limit applicable to offences committed under the financial interest provisions of the Local Government Act.
(13) No (14) The Department of Local Government and Regional Development does not believe that there are any offences to prosecute. (15)-(16) I am advised by the Department Of Local Government and Regional Development that the complaints examined do not provide evidence to support the need for any prosecutions under the Local Government Act 1995. There is no statutory time limit applicable to offences committed under the financial interest provisions of the Local Government Act.
(14) The Department of Local Government and Regional Development does not believe that there are any offences to prosecute. (15)-(16) I am advised by the Department Of Local Government and Regional Development that the complaints examined do not provide evidence to support the need for any prosecutions under the Local Government Act 1995. There is no statutory time limit applicable to offences committed under the financial interest provisions of the Local Government Act.
(15)-(16) I am advised by the Department Of Local Government and Regional Development that the complaints examined do not provide evidence to support the need for any prosecutions under the Local Government Act 1995. There is no statutory time limit applicable to offences committed under the financial interest provisions of the Local Government Act.

Explore WA Government Data

Search the full archive in the free dashboard, or query programmatically via API.

Explore more