❓ Hon. Tjorn Sibma questions the Minister for Local Government regarding the removal of a City of Belmont councillor convicted of indecent assault, and whether the Local Government Amendment Bill 2024 addresses such situations. The Minister acknowledges the issue and indicates future reforms may consider it.
AnsweredQoN 1228Legislative Council
QuestionView source ↗
LOCAL GOVERNMENT
AMENDMENT BILL 2024 — COUNCILLORS — REMOVAL
1228. Hon TJORN SIBMA to the minister representing the
Minister for Local Government:
With the President's
indulgence, I note that the circumstances around this question changed quite
extraordinarily after I put it in, but I will ask it nevertheless.
I refer to the Local Government
Amendment Bill 2024 and the recent example of a City of Belmont councillor who
was convicted of three counts of indecently touching women while he was
employed by the Department of Transport as a driving assessor.
(1) Has the
minister received a briefing on the matter from the Department of Local
Government, Sport and Cultural Industries; and, if so, will she table that
briefing?
(2) Noting that
the Department of Transport terminated the employment of the person in
question, what avenues exist under the present Local Government Act to remove
the councillor from his position at the City of Belmont?
(3) If there are
no avenues under the current statute, will the minister's present bill
confer a power to remove a councillor in circumstances such as this?
(4) If not, will
the minister consider amending her current bill to do so?
AMENDMENT BILL 2024 — COUNCILLORS — REMOVAL
1228. Hon TJORN SIBMA to the minister representing the
Minister for Local Government:
With the President's
indulgence, I note that the circumstances around this question changed quite
extraordinarily after I put it in, but I will ask it nevertheless.
I refer to the Local Government
Amendment Bill 2024 and the recent example of a City of Belmont councillor who
was convicted of three counts of indecently touching women while he was
employed by the Department of Transport as a driving assessor.
(1) Has the
minister received a briefing on the matter from the Department of Local
Government, Sport and Cultural Industries; and, if so, will she table that
briefing?
(2) Noting that
the Department of Transport terminated the employment of the person in
question, what avenues exist under the present Local Government Act to remove
the councillor from his position at the City of Belmont?
(3) If there are
no avenues under the current statute, will the minister's present bill
confer a power to remove a councillor in circumstances such as this?
(4) If not, will
the minister consider amending her current bill to do so?
AnswerView source ↗
I thank the honourable member for
some notice of the question. The following response has been provided by the
Minister for Local Government.
(1) The department has kept the
minister informed on this matter.
(2) The Local
Government Act 1995 sets out the circumstances under which a councillor can be
disqualified, which includes convictions for serious local government and other
offences. The councillor referred to has not been convicted of a disqualifiable
offence as defined in the LG act, nor did he receive a custodial sentence of
more than five years. As is appropriate, he has resigned.
(3)–(4) The
Local Government Amendment Bill 2024 advances a suite of important reforms,
including ones that will strengthen and enhance the system of oversight of
local government. Future reforms, including consultation, could consider this
issue.
some notice of the question. The following response has been provided by the
Minister for Local Government.
(1) The department has kept the
minister informed on this matter.
(2) The Local
Government Act 1995 sets out the circumstances under which a councillor can be
disqualified, which includes convictions for serious local government and other
offences. The councillor referred to has not been convicted of a disqualifiable
offence as defined in the LG act, nor did he receive a custodial sentence of
more than five years. As is appropriate, he has resigned.
(3)–(4) The
Local Government Amendment Bill 2024 advances a suite of important reforms,
including ones that will strengthen and enhance the system of oversight of
local government. Future reforms, including consultation, could consider this
issue.
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