❓ Detailed questions regarding the Local Government Standards Panel's handling of complaints against elected members and related procedures, seeking clarification on data, powers, and transparency.
AnsweredQoN 2312Legislative Assembly
QuestionView source ↗
(1) I refer to the answer for Estimates Committee 22 August 2013 Supplementary Information No. A46 Table 1, and ask: (a) is it correct that elected members have made 22 complaints to the Standards Panel, as opposed to the Department of Local Government, and that the outcomes of these complaints have been findings of no jurisdiction on two occasions, findings of no breach on 17 occasions and findings of breach on two occasions, with one complaint ongoing; (b) is it correct that this records that in the two years covered by the Table the Standards Panel has not dismissed a complaint by an elected member against an elected member under Section 5.110(6)(a) of the Local Government Act ; and (c) how many times did the Standards Panel request the complainants, as opposed to the complaints officers, to clarify their allegations and provide information, or more information in support of them, and what procedure did the Standards Panel follow when doing so? (2) I refer to the answer for Estimates Committee 22 August 2013 Supplementary Information No. A46 Table 3, and ask: (a) is it correct to say that this records that chief executive officers and employees have made eight complaints to the Standards Panel as opposed to the Department of Local Government, and that the outcomes of these complaints have been a finding of no jurisdiction on one occasion, findings of no breach on four occasions and findings of breach on two occasions, with one complaint ongoing; (b) is it correct to say that this records that in the two years covered by the Table the Standards Panel has not dismissed a complaint by a chief executive officer or employee against an elected member under Section 5.110(6)(a) of the Local Government Act ; (c) how many of the complaints made to the Standards Panel were made by chief executive officers and how many were made by employees; and (d) how many times did the Standards Panel request the complainants, as opposed to the complaints officers, to clarify their allegations and provide information, or more information in support of them, and what procedure did the Standards Panel follow when doing so? (3) Does a chief executive officer have the statutory power to make a complaint against an elected member for and on behalf of a local authority as a whole, and if so: (a) what criteria govern the lawful exercise of this power; and (b) how often has such a complaint been made to the Standards Panel since its inception? (4) Since the inception of the Standards Panel how many complaints have been made to it by persons other than elected members, CEOs and employees? (5) I refer to the answers to Question on Notice No. 894 1 April 2014 (b), (c) and (d), and ask: (a) are you aware that the words “dismiss a complaint” under Section 5.125(2) of the Local Government Act , have the same meaning as the words “dismissing the complaint” under Section 5.110(6)(a); and (b) does the Standards Panel have the power under Section 5.110(6)(a) to dismiss complaints following findings of breach whenever it is of the view that none of the sanctions authorised by Section 5.110(6)(b) and (c) is “warranted” or “appropriate”, and, if so, can you identify the provisions in the Act or Regulations that confer this power on the Standards Panel? (6) On the 15 occasions that the Standards Panel has dismissed a complaint following a finding of breach under Section 5.110(6)(a): (a) has its findings and decisions on all occasions been published on the Local Government web site, and if not, why not; (b) did the Standards Panel inform the complainants of the grounds upon which it dismissed their complaints; (c) did the Standards Panel advise the complainants of their right to seek review of its decisions under Section 5.125 of the Local Government Act ; and (d) on how many occasions did the complainants exercise their right of review under Section 5.125 of the Local Government Act ? (7) I refer to the answers to Question on Notice No. 894 1 April 2014 (f), (g), (h) and (l), and ask: (a) does the Presiding Member of the Standards Panel have, and can they exercise, a discretionary power on behalf of the Standards Panel to request but not require complainants, as opposed to complaints officers, to clarify their allegations and provide information, or more information, to support them; (b) what is the statutory source of this power; (c) is this power absolute or is the Presiding Member required to exercise this power in accordance with objective criteria; (d) is this power delegable, and has it ever been delegated to, officers serving the Standards Panel; (e) what procedure is the Presiding Member required to follow when exercising this power; and (f) apart from instances where the Standards Panel has lacked the jurisdiction to deal with the complaints lodged, has the Presiding Member ever declined to request complainants, as opposed to complaints officers, to clarify their allegations and provide information, or more information, to support them, and if so, how many complainants have not received such requests? (8) With reference to Section 5.110(3) of the Local Government Act , I ask: (a) since its inception, and apart from instances where it has lacked the jurisdiction to deal with the complaints lodged, has the Standards Panel ever declined to request the complaints officer to provide anything further that the Standards Panel requires; (b) what considerations govern the Standards Panel’s exercise of its discretion to request the complaints officer to provide anything further that the Standards Panel requires; (c) what procedure is the Standards Panel required to follow when requesting the complaints officer to provide anything further that the Standards Panel requires; and (d) when the request for “anything further” that the Standards Panel requires relates to a complaint made by complainant other than the complaints officer, what procedure is the complaints officer required to follow to obtain from the complainant what the Standards Panel further requires? (9) Why is it that all Standards Panel Findings and Reasons for Findings are not published on the Local Government web site?
AnswerView source ↗
Answered
17 June 2014
Responded by
Minister for Local Government
Response time
33 days
(1) (a) Yes.
(b) Yes.
(c) Nil. If a complainant was requested to clarify their allegations and provide information, or more information in support of them, the request was made by the Department by way of assisting the Presiding Member of the Local Government Standards Panel to carry out initial pre-hearing matters before the complaint was first considered by the Panel.
(2) (a)
Yes.
(b) Yes.
(c) This information is recorded. However, it would require a considerable use of resources to manually retrieve and search the Department's files to identify which of them relate to this question.
(d) Nil. If a complainant was requested to clarify their allegations and provide information, or more information in support of them, the request was made by the Department as part of the initial pre-hearing process before the complaint was first considered by the Panel.
(3)
No.
(a) If a chief executive officer is also the complaints officer, then in the latter capacity they may make a complaint against a council member under Section 5.109 of the
Local Government Act 1995
. If a chief executive officer is not the complaints officer, as a person they may, like any other person, make a complaint under Section 5.107 of such Act if they have reason to believe that a council member has committed a minor breach.
(b) Not applicable.
(4) 62.
(5)
It is presumed this question refers to
the answers to Question on Notice No. 1894
1 April 2014 (b), (c) and (d).
(a) Yes - On the basis of the State Administrative Tribunal's review in
Phillips
and Local Government Standards Panel
[2012] WASAT 97 at paragraph [52] where Deputy President Judge Parry expressed his view that the words 'a decision to dismiss a complaint' in the definition of the term 'decision' in Section 5.125(2) of the
Local Government Act 1995
, are equivalent terminology for 'dismissing the complaint' in Section 5.110(6)(a) of such Act.
(b) Yes - The power is inherent in the requirement of Section 5.110(6) of the
Local Government Act 1995
that, where a standards panel makes a finding that a minor breach has occurred, the breach is to be dealt with by the alternatives there provided. In a relevant State Administrative Tribunal matter,
Yates and Local Government Standards Panel
[2012] WASAT 23, Deputy President Judge Parry considered it is open to the Panel to dismiss a complaint pursuant to Section 5.110(6)(a) of the
Local Government Act 1995
even though the complaint has been proved.
(6) (a) No - On each occasion that the Local Government Standards Panel has dismissed a complaint under Section 5.110(6)(a) of the
Local Government Act 1995
following a finding of breach
,
the Panel'sfindings and decisions have not been published on the Department's web site. This approach is considered consistent with Parliament's intent in clause 11 of Schedule 5.1 to the
Local Government Act 1995
, that the contents of the Panel's annual report to the Minister must not include information that identifies or enables the identification of a council member against whom a complaint was made if the complaint was not dealt with under Section 5.110(6)(b) or (c) of the
Local Government Act 1995
.
(b) Yes.
(c) Yes.
(d) None.
(7) It is presumed this question refers to
the answers to Question on Notice No. 1894
1 April 2014 (f), (g), (h) and (l).
(a)-(e) No - Under its Procedures and Practice Guidelines, the Panel, to expedite the complaint process, has authorised the Presiding Member to carry out pre-hearing procedures on its behalf. These procedures include affording appropriate procedural fairness to the council member concerned, which may include requesting a complainant to clarify their allegations and provide information, before their allegations are put to the council member for his or her response and comments. In carrying out these procedures, the Presiding Member utilises the services of the officers of the Department who assist the Panel.
(f) No.
(8) (a) No.
(b) The sole consideration is whether it is the Local Government Standards Panel's view that, in the particular circumstances of a complaint, the sending complaints officer may be able to help the Panel to deal with the complaint.
(c) If the Local Government Standards Panel wishes to have further information regarding a complaint it is dealing with, whether that information is to be sought from the complaints officer or any other source, the Panel requests the Presiding Member to endeavour to obtain the information, through the services of Departmental officers.
(d) None. The complaints officer is required to comply with the request so far as it is practicable to do so, as stated in Section 5.110(3) of the
Local Government Act 1995.
In the given circumstance, this would be limited to making a request to the complainant for the sought information.
(9) The Department's policy is to only place on its website copies of Findings and Reasons for Findings where the Panel has made a finding that a council member has committed a minor breach and the Panel has dealt with the breach by making an order under Section 5.110(6)(b) or (c) and the order has been complied with. This approach is considered consistent with Parliament's intent in clause 11 of Schedule 5.1 to the
Local Government Act 1995
, that the contents of the Local Government Standards Panel's annual report to the Minister must not include information that identifies or enables the identification of a council member against whom a complaint was made if the complaint was not dealt with under Section 5.110(6)(b) or (c) of that Act.
(b) Yes.
(c) Nil. If a complainant was requested to clarify their allegations and provide information, or more information in support of them, the request was made by the Department by way of assisting the Presiding Member of the Local Government Standards Panel to carry out initial pre-hearing matters before the complaint was first considered by the Panel.
(2) (a)
Yes.
(b) Yes.
(c) This information is recorded. However, it would require a considerable use of resources to manually retrieve and search the Department's files to identify which of them relate to this question.
(d) Nil. If a complainant was requested to clarify their allegations and provide information, or more information in support of them, the request was made by the Department as part of the initial pre-hearing process before the complaint was first considered by the Panel.
(3)
No.
(a) If a chief executive officer is also the complaints officer, then in the latter capacity they may make a complaint against a council member under Section 5.109 of the
Local Government Act 1995
. If a chief executive officer is not the complaints officer, as a person they may, like any other person, make a complaint under Section 5.107 of such Act if they have reason to believe that a council member has committed a minor breach.
(b) Not applicable.
(4) 62.
(5)
It is presumed this question refers to
the answers to Question on Notice No. 1894
1 April 2014 (b), (c) and (d).
(a) Yes - On the basis of the State Administrative Tribunal's review in
Phillips
and Local Government Standards Panel
[2012] WASAT 97 at paragraph [52] where Deputy President Judge Parry expressed his view that the words 'a decision to dismiss a complaint' in the definition of the term 'decision' in Section 5.125(2) of the
Local Government Act 1995
, are equivalent terminology for 'dismissing the complaint' in Section 5.110(6)(a) of such Act.
(b) Yes - The power is inherent in the requirement of Section 5.110(6) of the
Local Government Act 1995
that, where a standards panel makes a finding that a minor breach has occurred, the breach is to be dealt with by the alternatives there provided. In a relevant State Administrative Tribunal matter,
Yates and Local Government Standards Panel
[2012] WASAT 23, Deputy President Judge Parry considered it is open to the Panel to dismiss a complaint pursuant to Section 5.110(6)(a) of the
Local Government Act 1995
even though the complaint has been proved.
(6) (a) No - On each occasion that the Local Government Standards Panel has dismissed a complaint under Section 5.110(6)(a) of the
Local Government Act 1995
following a finding of breach
,
the Panel'sfindings and decisions have not been published on the Department's web site. This approach is considered consistent with Parliament's intent in clause 11 of Schedule 5.1 to the
Local Government Act 1995
, that the contents of the Panel's annual report to the Minister must not include information that identifies or enables the identification of a council member against whom a complaint was made if the complaint was not dealt with under Section 5.110(6)(b) or (c) of the
Local Government Act 1995
.
(b) Yes.
(c) Yes.
(d) None.
(7) It is presumed this question refers to
the answers to Question on Notice No. 1894
1 April 2014 (f), (g), (h) and (l).
(a)-(e) No - Under its Procedures and Practice Guidelines, the Panel, to expedite the complaint process, has authorised the Presiding Member to carry out pre-hearing procedures on its behalf. These procedures include affording appropriate procedural fairness to the council member concerned, which may include requesting a complainant to clarify their allegations and provide information, before their allegations are put to the council member for his or her response and comments. In carrying out these procedures, the Presiding Member utilises the services of the officers of the Department who assist the Panel.
(f) No.
(8) (a) No.
(b) The sole consideration is whether it is the Local Government Standards Panel's view that, in the particular circumstances of a complaint, the sending complaints officer may be able to help the Panel to deal with the complaint.
(c) If the Local Government Standards Panel wishes to have further information regarding a complaint it is dealing with, whether that information is to be sought from the complaints officer or any other source, the Panel requests the Presiding Member to endeavour to obtain the information, through the services of Departmental officers.
(d) None. The complaints officer is required to comply with the request so far as it is practicable to do so, as stated in Section 5.110(3) of the
Local Government Act 1995.
In the given circumstance, this would be limited to making a request to the complainant for the sought information.
(9) The Department's policy is to only place on its website copies of Findings and Reasons for Findings where the Panel has made a finding that a council member has committed a minor breach and the Panel has dealt with the breach by making an order under Section 5.110(6)(b) or (c) and the order has been complied with. This approach is considered consistent with Parliament's intent in clause 11 of Schedule 5.1 to the
Local Government Act 1995
, that the contents of the Local Government Standards Panel's annual report to the Minister must not include information that identifies or enables the identification of a council member against whom a complaint was made if the complaint was not dealt with under Section 5.110(6)(b) or (c) of that Act.
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