❓ WA Parliamentary Question on Notice regarding the use of show cause notices and council suspensions under the Local Government Act 1995. The answer details specific instances and outcomes.
AnsweredQoN 2913Legislative Assembly
QuestionView source ↗
Since the introduction of the Local Government Act 1995 : (a) On how many occasions has a show cause notice been issued to a council, and for each occasion: (i) what date was the show cause notice issued; (ii) which council was issued with the notice; (iii) was a panel of inquiry actually appointed; and (iv) what was the outcome; and (b) On how many occasions has a council been suspended and a panel of inquiry directly appointed without a show cause notice, and for each occasion: (i) what date was the council suspended; (ii) which council was affected; (iii) what were the reasons for the suspension of the council; and (iv) what was the outcome of the panel inquiry?
AnswerView source ↗
Answered
9 May 2018
Responded by
Minister for Local Government; Heritage; Culture and the Arts
Response time
8 days
(a) Show Cause Notices under section 8.15B of the Local Government Act 1995 have been issued on five occasions. See table below.
(i)
(ii)
(iii)
(iv)
31 October 2012
Shire of Ashburton
No
Council was suspended on 11 December 2012
18 November 2014
Shire of York
No
Council was suspended on 7 January 2015
24 May 2016
Shire of Wyndham- East Kimberley
No
A further Show Cause Notice was issued
25 August 2016
Shire of Wyndham- East Kimberley
No
A number of Council members resigned, leading to the Governor declaring all positions vacant and the appointment of a Commissioner
8 December 2016
Shire of Exmouth
No
Council was suspended on 4 January 2017
(b) A total of six Councils have been suspended under section 8.19 and a Panel of Inquiry directly appointed. See table below.
(i)
(ii)
(iv)
12 November 1997
City of Wanneroo
Council was reinstated
13 April 1999
City of Cockburn
Council was dismissed
28 November 2000
City of South Perth
Council was dismissed
5 December 2003
City of Joondalup
Council was dismissed
17 November 2012
City of Canning
Council was dismissed
2 March 2017
City of Perth
Panel of Inquiry commenced 1 May 2018
(iii) A decision to suspend a Council is made by the Minister of the day. I cannot answer for former Ministers; however, I suspended the City of Perth Council for ongoing and serious governance issues and because I formed the view that the Council’s ability to provide good government for the people in its community was compromised.
(i)
(ii)
(iii)
(iv)
31 October 2012
Shire of Ashburton
No
Council was suspended on 11 December 2012
18 November 2014
Shire of York
No
Council was suspended on 7 January 2015
24 May 2016
Shire of Wyndham- East Kimberley
No
A further Show Cause Notice was issued
25 August 2016
Shire of Wyndham- East Kimberley
No
A number of Council members resigned, leading to the Governor declaring all positions vacant and the appointment of a Commissioner
8 December 2016
Shire of Exmouth
No
Council was suspended on 4 January 2017
(b) A total of six Councils have been suspended under section 8.19 and a Panel of Inquiry directly appointed. See table below.
(i)
(ii)
(iv)
12 November 1997
City of Wanneroo
Council was reinstated
13 April 1999
City of Cockburn
Council was dismissed
28 November 2000
City of South Perth
Council was dismissed
5 December 2003
City of Joondalup
Council was dismissed
17 November 2012
City of Canning
Council was dismissed
2 March 2017
City of Perth
Panel of Inquiry commenced 1 May 2018
(iii) A decision to suspend a Council is made by the Minister of the day. I cannot answer for former Ministers; however, I suspended the City of Perth Council for ongoing and serious governance issues and because I formed the view that the Council’s ability to provide good government for the people in its community was compromised.
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