❓ A WA parliamentary question on notice regarding complaints against local government councillors since the 2007 reforms, covering the number of complaints, investigation processes, and eligibility for re-election. The response clarifies the roles of the Standards Panel and the Department.
AnsweredQoN 727Legislative Council
QuestionView source ↗
(1) Since the 2007 reform to the
Local Government Act
, how many complaints with respect to conduct of sitting Councillors have been received by the Department of Local Government and Regional Development (the Department)?
(2) How many Local Government Authorities (LGA’s) have submitted complaints and which LGA’s are they?
(3) How many of these have been investigated?
(4) What is the current rate of response by the Department, in terms of time, from the receipt of a complaint through to appropriate resolution?
(5) What resources of the Department are being devoted to appropriate investigation?
(6) How many complaints have resulted in censure or suspension of a sitting Councillor?
(7) In light of the forthcoming Local Government Elections in October, is the Department going to investigate existing serious complaints against sitting Councillors who may be eligible for re-nomination?
(8) If a Councillor is under investigation or is undergoing a period of suspension, is he or she eligible to nominate for the 2009 Local Government Elections whilst under investigation or suspension?
Local Government Act
, how many complaints with respect to conduct of sitting Councillors have been received by the Department of Local Government and Regional Development (the Department)?
(2) How many Local Government Authorities (LGA’s) have submitted complaints and which LGA’s are they?
(3) How many of these have been investigated?
(4) What is the current rate of response by the Department, in terms of time, from the receipt of a complaint through to appropriate resolution?
(5) What resources of the Department are being devoted to appropriate investigation?
(6) How many complaints have resulted in censure or suspension of a sitting Councillor?
(7) In light of the forthcoming Local Government Elections in October, is the Department going to investigate existing serious complaints against sitting Councillors who may be eligible for re-nomination?
(8) If a Councillor is under investigation or is undergoing a period of suspension, is he or she eligible to nominate for the 2009 Local Government Elections whilst under investigation or suspension?
AnswerView source ↗
Answered
4 June 2009
Responded by
Minister for Energy representing the Minister for Local Government
Response time
28 days
Answers 1 to 6 relate to Minor Breach Complaints received under Section 5.107 (1) and (2) of the Local Government Act 1995.
Answers 7 and 8 relate to Serious Breach Complaints received under Section 5.114 (1) and (2) of the Local Government Act 1995.
(1) The Local Government Standards Panel ("the Standards Panel") which was created as a consequence of the 2007 reform to the Local Government Act 1995 is an independent adjudicative body which has jurisdiction limited to dealing with Minor Breach Complaints.
Between November 2007 and 11 May 2009 the Standards Panel has received 60 Minor Breach Complaints.
(2) The 60 complaints of Minor Breach received by the Standards Panel were from the following 18 local governments and one regional local government:
. Cities of Bayswater, Fremantle, Joondalup, Nedlands, South Perth, Stirling and Wanneroo;
. Shires of Ashburton, Boyup Brook, Busselton, Menzies, Mundaring, Murray, Shark Bay,
Toodyay and Wyndham-East Kimberley;
. Towns of Bassendean and Cambridge; and
. Eastern Metropolitan Regional Council.
(3) The Standards Panel has no statutory powers of investigation, and consequently, does not conduct investigations into the complaints it receives. It is an adjudicative body that determines complaints. It does this by deliberating on the information provided to it by the complainant, and by the council member complained about. If necessary, the Standards Panel can request the Complaints Officer of the Local Government to provide additional information.
(4) The current rate of response by the Standards Panel, "from the receipt of a complaint through to appropriate resolution", varies according to the complexity of the complaint and the process the Standards Panel uses to deal with it.
A simple allegation of a Minor Breach that is unsubstantiated may be dealt with within 4-6 weeks. Minor Breach allegations that are substantiated can take approximately 10 - 15 weeks. Those matters resulting in a sanction being applied, such as public censure and/or public apology, can take a further 5 - 8 weeks.
(5) Presently the Department provides the Standards Panel with the Presiding Member, meeting facilities and administrative support through the full-time services of two officers of the Department.
The Standards Panel relies on the provision of the legislation in which it can request the Local Government Complaints Officer to provide relevant information to ensure it has appropriate evidence to consider each complaint.
(6) The Standards Panel has dealt with 6 complaints in which an Order was made that the Councillor concerned be censured publicly. The Standards Panel has no power to suspend a Councillor.
(7) The Department continuously deals with Serious Breach Complaints against sitting members, as part of its usual responsibilities. It assesses and acts on such complaints, without regard to whether local government elections are imminent.
(8) A Councillor who is the subject of a Serious Breach Complaint to the Department is eligible to nominate for the 2009 Local Government Elections whilst under investigation.
By virtue of sections 5.117(8) and 8.29 of the Local Government Act, if a Councillor is suspended and his or her term of office expires during the period of suspension:
(a) the election for the vacancy is to occur only after the suspension ceases to have effect; and
(b) the Councillor concerned is eligible to nominate for the office if he or she is otherwise eligible under section 2.19(1) of the Local Government Act.
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Answers 7 and 8 relate to Serious Breach Complaints received under Section 5.114 (1) and (2) of the Local Government Act 1995.
(1) The Local Government Standards Panel ("the Standards Panel") which was created as a consequence of the 2007 reform to the Local Government Act 1995 is an independent adjudicative body which has jurisdiction limited to dealing with Minor Breach Complaints.
Between November 2007 and 11 May 2009 the Standards Panel has received 60 Minor Breach Complaints.
(2) The 60 complaints of Minor Breach received by the Standards Panel were from the following 18 local governments and one regional local government:
. Cities of Bayswater, Fremantle, Joondalup, Nedlands, South Perth, Stirling and Wanneroo;
. Shires of Ashburton, Boyup Brook, Busselton, Menzies, Mundaring, Murray, Shark Bay,
Toodyay and Wyndham-East Kimberley;
. Towns of Bassendean and Cambridge; and
. Eastern Metropolitan Regional Council.
(3) The Standards Panel has no statutory powers of investigation, and consequently, does not conduct investigations into the complaints it receives. It is an adjudicative body that determines complaints. It does this by deliberating on the information provided to it by the complainant, and by the council member complained about. If necessary, the Standards Panel can request the Complaints Officer of the Local Government to provide additional information.
(4) The current rate of response by the Standards Panel, "from the receipt of a complaint through to appropriate resolution", varies according to the complexity of the complaint and the process the Standards Panel uses to deal with it.
A simple allegation of a Minor Breach that is unsubstantiated may be dealt with within 4-6 weeks. Minor Breach allegations that are substantiated can take approximately 10 - 15 weeks. Those matters resulting in a sanction being applied, such as public censure and/or public apology, can take a further 5 - 8 weeks.
(5) Presently the Department provides the Standards Panel with the Presiding Member, meeting facilities and administrative support through the full-time services of two officers of the Department.
The Standards Panel relies on the provision of the legislation in which it can request the Local Government Complaints Officer to provide relevant information to ensure it has appropriate evidence to consider each complaint.
(6) The Standards Panel has dealt with 6 complaints in which an Order was made that the Councillor concerned be censured publicly. The Standards Panel has no power to suspend a Councillor.
(7) The Department continuously deals with Serious Breach Complaints against sitting members, as part of its usual responsibilities. It assesses and acts on such complaints, without regard to whether local government elections are imminent.
(8) A Councillor who is the subject of a Serious Breach Complaint to the Department is eligible to nominate for the 2009 Local Government Elections whilst under investigation.
By virtue of sections 5.117(8) and 8.29 of the Local Government Act, if a Councillor is suspended and his or her term of office expires during the period of suspension:
(a) the election for the vacancy is to occur only after the suspension ceases to have effect; and
(b) the Councillor concerned is eligible to nominate for the office if he or she is otherwise eligible under section 2.19(1) of the Local Government Act.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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