Home›Questions on Notice›QoN 6110

❓ Mr. Marmion questions the Minister for Local Government regarding the City of Subiaco's closure of a council meeting to the public and the subsequent annotation of the meeting minutes, focusing on the legal basis and procedural correctness of these actions. The Minister provides limited direct answers, deferring to the Council's responsibility and referencing relevant sections of the Local Government Act 1995.

AnsweredQoN 6110Legislative Assembly

Asked

12 May 2020

Member

Mr W.R. Marmion

Portfolio

Local Government; Heritage; Culture and the Arts

QuestionView source ↗

I refer to the Minister's response to Question on Notice 6061 regarding an annotation to the Minutes of the Ordinary Council Meeting of the City of Subiaco on 28 August 2018 to reflect the correct section of the Local Government Act 1995 to close a portion of the meeting to the public to deal with Agenda Item C13.1, and I ask: (a) Can the Minister confirm that the section of the Act quoted in the original Minutes for the reason for closing the Council Meeting to the public to discuss Agenda Item C13.1, was section 5.23 (2), (e) (iii), which refers to a matter, if discussed, would reveal information about the business, professional, commercial or financial affairs of a person; (b) Can the Minister confirm that the wording of the annotation to the Minutes of the meeting was; "The reference to section 5.23(2)(e)(iii) is incorrect and an administrative error. The legislative reference should have been recorded as s.5.23(2)(d). This error has no material effect on the closure of the meeting for discussion of this matter, as the matter remains confidential in accordance with s.5.23(2) of the Local Government Act 1995 ."; (c) Can the Minister confirm that section 5.23(2)(d) allows a Council to close a meeting to the public if a matter on the agenda deals with legal advice obtained, or which may be obtained, by the local government in relation to a matter; (d) Can the Minister advise if the Council had legal advice in relation to the matter discussed under Agenda Item C13.1 which gave rise to the corrected reason for the closing of meeting to the public; (e) If the Council did not have legal advice in relation to Agenda Item C13.1, are you aware if the Council had grounds to close the meeting, and if so, under what section of the Act; (f) Given that the Minutes of the Meeting were annotated, can the Minister advise who authorized the annotation and what is the correct process for such annotation to take place and does it require Council approval; and (g) Is there a section of the Local Government Act 1995 which allows the annotation Of Council minutes, and if so what is the section?

AnswerView source ↗

Answered

16 June 2020

Responded by

Minister for Local Government; Heritage; Culture and the Arts

Response time

9 days

(a-b) The minutes of this Council meeting are available on the City’s website.
(c) Yes.
(d-e) The Council is responsible to determine if an appropriate reason exists for closing a meeting to the public, as provided by section 5.23 of the Local Government Act 1995 (the Act).
(f) Councils are required to confirm the accuracy of minutes of Council meetings, with correction if required, by majority decision at subsequent Council meetings, as prescribed by section 5.22 of the Act.
(g) There is no reference to the word ‘annotation’ in the Act.

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