❓ A WA parliamentary question seeks information on local laws, their review, and departmental oversight. The response clarifies the number of local laws, the existence of a register, and the department's role in ensuring compliance with review requirements.
AnsweredQoN 2772Legislative Assembly
QuestionView source ↗
I refer to Part 3, Subdivision 2 of the Local Government Act 1995 (Local Laws made under any Act), and ask: (a) how many local laws are currently in existance; (b) does the Department of Local Government maintain a register of local laws: (i) If not, why not; (c) have any councils failed to comply with section 3.16 of the Act, which requires councils to conduct a periodic review of local laws within 8 years: (i) if yes, please list those councils that have failed to comply and the corresponding local law/s which have not been reviewed; (d) does a local law continue to have effect, if it has not been reviewed in accordance with section 3.16; (e) do Councils face any penalties, disciplinary action or otherwise if they fail to conduct reviews under section 3.16; (f) what actions does the Department undertaken to ensure Councils comply with section 3.16 of the Act; and (g) should a Local Government’s annual compliance audit detail any non-compliance with section 3.16?
AnswerView source ↗
Answered
9 May 2018
Responded by
Minister for Local Government; Heritage; Culture and the Arts
Response time
9 days
(a) As at 19 April 2018, there are 4 074 current local laws.
(b) Yes, the register of local laws is publicly available on the Department of Local Government, Sport and Cultural Industries’ website.
(i) Not applicable
(c) The Department does not have this information.
(i) The Department keeps information on new or amended local laws. There is no requirement for a local government to notify the Minister for Local Government or the Department if it reviews a local law and decides that no change is necessary.
(d) Yes
(e) No
(f) The Department provides material on its website reminding local governments to review their local laws as part of the principle of good governance.
(g) The annual compliance audit does not cover this matter. The review of local laws for their continuing relevance is a local issue, best determined by the local government and the community it serves.
(b) Yes, the register of local laws is publicly available on the Department of Local Government, Sport and Cultural Industries’ website.
(i) Not applicable
(c) The Department does not have this information.
(i) The Department keeps information on new or amended local laws. There is no requirement for a local government to notify the Minister for Local Government or the Department if it reviews a local law and decides that no change is necessary.
(d) Yes
(e) No
(f) The Department provides material on its website reminding local governments to review their local laws as part of the principle of good governance.
(g) The annual compliance audit does not cover this matter. The review of local laws for their continuing relevance is a local issue, best determined by the local government and the community it serves.
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