❓ A parliamentary question regarding a land sale by the Shire of Westonia, focusing on potential conflicts of interest by councillors and adherence to the Local Government Act 1995. The Minister states he is unaware of the specific issues raised and will refer the matter for further examination.
AnsweredQoN 1596Legislative Council
QuestionView source ↗
I refer to the proposal by the Shire of Westonia to sell the land at Yilgarn location 162, as advertised on page 147 of The West Australian of Saturday, 29 November 2003. (1) Is the minister confident that all councillors have disclosed their financial and other interests in their decisions on this matter, as discussed in item 4.1 by council on 5 September 2003? (2) Is the minister aware that the council moved to allow one councillor to vote on this issue despite having declared a significant financial interest in the mining company that will be the chief beneficiary of this sale? (3) Can the minister outline councillors’ obligations under the Local Government Act 1995 with regard to disclosure of financial and other interests before deliberating and voting on particular items? (4) On the basis of the minister’s answers to questions (1)-(3), does the minister believe the council has adequately followed the correct procedures in this case? (5) On the basis of the minister’s answer to part (4), will the minister take any action to declare the proposal to sell the land invalid? (6) If no to (5), what action will the minister take in this case? Hon TOM STEPHENS
AnswerView source ↗
(1)-(2) I am unaware of the matters to which the member referred. (3) Part 5 of the Local Government Act 1995 sets out the obligations of council members to disclose financial and proximity interests. As a general rule, the elected members must disclose their interests in any matter before the council and leave the council chamber unless the council resolves to allow the disclosing members to participate in the decision or I or the Director General of the Department of Local Government and Regional Development approves an application for their participation. (4) Refer to answers (1) and (2). (5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
(1) Is the minister confident that all councillors have disclosed their financial and other interests in their decisions on this matter, as discussed in item 4.1 by council on 5 September 2003? (2) Is the minister aware that the council moved to allow one councillor to vote on this issue despite having declared a significant financial interest in the mining company that will be the chief beneficiary of this sale? (3) Can the minister outline councillors’ obligations under the Local Government Act 1995 with regard to disclosure of financial and other interests before deliberating and voting on particular items? (4) On the basis of the minister’s answers to questions (1)-(3), does the minister believe the council has adequately followed the correct procedures in this case? (5) On the basis of the minister’s answer to part (4), will the minister take any action to declare the proposal to sell the land invalid? (6) If no to (5), what action will the minister take in this case? Hon TOM STEPHENS replied: (1)-(2) I am unaware of the matters to which the member referred. (3) Part 5 of the Local Government Act 1995 sets out the obligations of council members to disclose financial and proximity interests. As a general rule, the elected members must disclose their interests in any matter before the council and leave the council chamber unless the council resolves to allow the disclosing members to participate in the decision or I or the Director General of the Department of Local Government and Regional Development approves an application for their participation. (4) Refer to answers (1) and (2). (5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
(2) Is the minister aware that the council moved to allow one councillor to vote on this issue despite having declared a significant financial interest in the mining company that will be the chief beneficiary of this sale? (3) Can the minister outline councillors’ obligations under the Local Government Act 1995 with regard to disclosure of financial and other interests before deliberating and voting on particular items? (4) On the basis of the minister’s answers to questions (1)-(3), does the minister believe the council has adequately followed the correct procedures in this case? (5) On the basis of the minister’s answer to part (4), will the minister take any action to declare the proposal to sell the land invalid? (6) If no to (5), what action will the minister take in this case? Hon TOM STEPHENS replied: (1)-(2) I am unaware of the matters to which the member referred. (3) Part 5 of the Local Government Act 1995 sets out the obligations of council members to disclose financial and proximity interests. As a general rule, the elected members must disclose their interests in any matter before the council and leave the council chamber unless the council resolves to allow the disclosing members to participate in the decision or I or the Director General of the Department of Local Government and Regional Development approves an application for their participation. (4) Refer to answers (1) and (2). (5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
(3) Can the minister outline councillors’ obligations under the Local Government Act 1995 with regard to disclosure of financial and other interests before deliberating and voting on particular items? (4) On the basis of the minister’s answers to questions (1)-(3), does the minister believe the council has adequately followed the correct procedures in this case? (5) On the basis of the minister’s answer to part (4), will the minister take any action to declare the proposal to sell the land invalid? (6) If no to (5), what action will the minister take in this case? Hon TOM STEPHENS replied: (1)-(2) I am unaware of the matters to which the member referred. (3) Part 5 of the Local Government Act 1995 sets out the obligations of council members to disclose financial and proximity interests. As a general rule, the elected members must disclose their interests in any matter before the council and leave the council chamber unless the council resolves to allow the disclosing members to participate in the decision or I or the Director General of the Department of Local Government and Regional Development approves an application for their participation. (4) Refer to answers (1) and (2). (5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
(4) On the basis of the minister’s answers to questions (1)-(3), does the minister believe the council has adequately followed the correct procedures in this case? (5) On the basis of the minister’s answer to part (4), will the minister take any action to declare the proposal to sell the land invalid? (6) If no to (5), what action will the minister take in this case? Hon TOM STEPHENS replied: (1)-(2) I am unaware of the matters to which the member referred. (3) Part 5 of the Local Government Act 1995 sets out the obligations of council members to disclose financial and proximity interests. As a general rule, the elected members must disclose their interests in any matter before the council and leave the council chamber unless the council resolves to allow the disclosing members to participate in the decision or I or the Director General of the Department of Local Government and Regional Development approves an application for their participation. (4) Refer to answers (1) and (2). (5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
(5) On the basis of the minister’s answer to part (4), will the minister take any action to declare the proposal to sell the land invalid? (6) If no to (5), what action will the minister take in this case? Hon TOM STEPHENS replied: (1)-(2) I am unaware of the matters to which the member referred. (3) Part 5 of the Local Government Act 1995 sets out the obligations of council members to disclose financial and proximity interests. As a general rule, the elected members must disclose their interests in any matter before the council and leave the council chamber unless the council resolves to allow the disclosing members to participate in the decision or I or the Director General of the Department of Local Government and Regional Development approves an application for their participation. (4) Refer to answers (1) and (2). (5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
(6) If no to (5), what action will the minister take in this case? Hon TOM STEPHENS replied: (1)-(2) I am unaware of the matters to which the member referred. (3) Part 5 of the Local Government Act 1995 sets out the obligations of council members to disclose financial and proximity interests. As a general rule, the elected members must disclose their interests in any matter before the council and leave the council chamber unless the council resolves to allow the disclosing members to participate in the decision or I or the Director General of the Department of Local Government and Regional Development approves an application for their participation. (4) Refer to answers (1) and (2). (5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
Hon TOM STEPHENS replied: (1)-(2) I am unaware of the matters to which the member referred. (3) Part 5 of the Local Government Act 1995 sets out the obligations of council members to disclose financial and proximity interests. As a general rule, the elected members must disclose their interests in any matter before the council and leave the council chamber unless the council resolves to allow the disclosing members to participate in the decision or I or the Director General of the Department of Local Government and Regional Development approves an application for their participation. (4) Refer to answers (1) and (2). (5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
(1)-(2) I am unaware of the matters to which the member referred. (3) Part 5 of the Local Government Act 1995 sets out the obligations of council members to disclose financial and proximity interests. As a general rule, the elected members must disclose their interests in any matter before the council and leave the council chamber unless the council resolves to allow the disclosing members to participate in the decision or I or the Director General of the Department of Local Government and Regional Development approves an application for their participation. (4) Refer to answers (1) and (2). (5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
(3) Part 5 of the Local Government Act 1995 sets out the obligations of council members to disclose financial and proximity interests. As a general rule, the elected members must disclose their interests in any matter before the council and leave the council chamber unless the council resolves to allow the disclosing members to participate in the decision or I or the Director General of the Department of Local Government and Regional Development approves an application for their participation. (4) Refer to answers (1) and (2). (5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
(4) Refer to answers (1) and (2). (5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
(5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
(6) I will refer this matter to the department for further examination.
(1) Is the minister confident that all councillors have disclosed their financial and other interests in their decisions on this matter, as discussed in item 4.1 by council on 5 September 2003? (2) Is the minister aware that the council moved to allow one councillor to vote on this issue despite having declared a significant financial interest in the mining company that will be the chief beneficiary of this sale? (3) Can the minister outline councillors’ obligations under the Local Government Act 1995 with regard to disclosure of financial and other interests before deliberating and voting on particular items? (4) On the basis of the minister’s answers to questions (1)-(3), does the minister believe the council has adequately followed the correct procedures in this case? (5) On the basis of the minister’s answer to part (4), will the minister take any action to declare the proposal to sell the land invalid? (6) If no to (5), what action will the minister take in this case? Hon TOM STEPHENS replied: (1)-(2) I am unaware of the matters to which the member referred. (3) Part 5 of the Local Government Act 1995 sets out the obligations of council members to disclose financial and proximity interests. As a general rule, the elected members must disclose their interests in any matter before the council and leave the council chamber unless the council resolves to allow the disclosing members to participate in the decision or I or the Director General of the Department of Local Government and Regional Development approves an application for their participation. (4) Refer to answers (1) and (2). (5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
(2) Is the minister aware that the council moved to allow one councillor to vote on this issue despite having declared a significant financial interest in the mining company that will be the chief beneficiary of this sale? (3) Can the minister outline councillors’ obligations under the Local Government Act 1995 with regard to disclosure of financial and other interests before deliberating and voting on particular items? (4) On the basis of the minister’s answers to questions (1)-(3), does the minister believe the council has adequately followed the correct procedures in this case? (5) On the basis of the minister’s answer to part (4), will the minister take any action to declare the proposal to sell the land invalid? (6) If no to (5), what action will the minister take in this case? Hon TOM STEPHENS replied: (1)-(2) I am unaware of the matters to which the member referred. (3) Part 5 of the Local Government Act 1995 sets out the obligations of council members to disclose financial and proximity interests. As a general rule, the elected members must disclose their interests in any matter before the council and leave the council chamber unless the council resolves to allow the disclosing members to participate in the decision or I or the Director General of the Department of Local Government and Regional Development approves an application for their participation. (4) Refer to answers (1) and (2). (5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
(3) Can the minister outline councillors’ obligations under the Local Government Act 1995 with regard to disclosure of financial and other interests before deliberating and voting on particular items? (4) On the basis of the minister’s answers to questions (1)-(3), does the minister believe the council has adequately followed the correct procedures in this case? (5) On the basis of the minister’s answer to part (4), will the minister take any action to declare the proposal to sell the land invalid? (6) If no to (5), what action will the minister take in this case? Hon TOM STEPHENS replied: (1)-(2) I am unaware of the matters to which the member referred. (3) Part 5 of the Local Government Act 1995 sets out the obligations of council members to disclose financial and proximity interests. As a general rule, the elected members must disclose their interests in any matter before the council and leave the council chamber unless the council resolves to allow the disclosing members to participate in the decision or I or the Director General of the Department of Local Government and Regional Development approves an application for their participation. (4) Refer to answers (1) and (2). (5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
(4) On the basis of the minister’s answers to questions (1)-(3), does the minister believe the council has adequately followed the correct procedures in this case? (5) On the basis of the minister’s answer to part (4), will the minister take any action to declare the proposal to sell the land invalid? (6) If no to (5), what action will the minister take in this case? Hon TOM STEPHENS replied: (1)-(2) I am unaware of the matters to which the member referred. (3) Part 5 of the Local Government Act 1995 sets out the obligations of council members to disclose financial and proximity interests. As a general rule, the elected members must disclose their interests in any matter before the council and leave the council chamber unless the council resolves to allow the disclosing members to participate in the decision or I or the Director General of the Department of Local Government and Regional Development approves an application for their participation. (4) Refer to answers (1) and (2). (5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
(5) On the basis of the minister’s answer to part (4), will the minister take any action to declare the proposal to sell the land invalid? (6) If no to (5), what action will the minister take in this case? Hon TOM STEPHENS replied: (1)-(2) I am unaware of the matters to which the member referred. (3) Part 5 of the Local Government Act 1995 sets out the obligations of council members to disclose financial and proximity interests. As a general rule, the elected members must disclose their interests in any matter before the council and leave the council chamber unless the council resolves to allow the disclosing members to participate in the decision or I or the Director General of the Department of Local Government and Regional Development approves an application for their participation. (4) Refer to answers (1) and (2). (5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
(6) If no to (5), what action will the minister take in this case? Hon TOM STEPHENS replied: (1)-(2) I am unaware of the matters to which the member referred. (3) Part 5 of the Local Government Act 1995 sets out the obligations of council members to disclose financial and proximity interests. As a general rule, the elected members must disclose their interests in any matter before the council and leave the council chamber unless the council resolves to allow the disclosing members to participate in the decision or I or the Director General of the Department of Local Government and Regional Development approves an application for their participation. (4) Refer to answers (1) and (2). (5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
Hon TOM STEPHENS replied: (1)-(2) I am unaware of the matters to which the member referred. (3) Part 5 of the Local Government Act 1995 sets out the obligations of council members to disclose financial and proximity interests. As a general rule, the elected members must disclose their interests in any matter before the council and leave the council chamber unless the council resolves to allow the disclosing members to participate in the decision or I or the Director General of the Department of Local Government and Regional Development approves an application for their participation. (4) Refer to answers (1) and (2). (5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
(1)-(2) I am unaware of the matters to which the member referred. (3) Part 5 of the Local Government Act 1995 sets out the obligations of council members to disclose financial and proximity interests. As a general rule, the elected members must disclose their interests in any matter before the council and leave the council chamber unless the council resolves to allow the disclosing members to participate in the decision or I or the Director General of the Department of Local Government and Regional Development approves an application for their participation. (4) Refer to answers (1) and (2). (5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
(3) Part 5 of the Local Government Act 1995 sets out the obligations of council members to disclose financial and proximity interests. As a general rule, the elected members must disclose their interests in any matter before the council and leave the council chamber unless the council resolves to allow the disclosing members to participate in the decision or I or the Director General of the Department of Local Government and Regional Development approves an application for their participation. (4) Refer to answers (1) and (2). (5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
(4) Refer to answers (1) and (2). (5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
(5) It is not within my power to declare a decision of the council invalid. (6) I will refer this matter to the department for further examination.
(6) I will refer this matter to the department for further examination.
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