❓ A WA parliamentary question seeks clarification on the roles of WA Police, Returning Officers, and local government CEOs in handling electoral offences and legal proceedings involving local councils. The response clarifies the jurisdiction and responsibilities.
AnsweredQoN 1505Legislative Council
QuestionView source ↗
(1) Can a complaint about a local government electoral offence be made to the Western Australia Police? (2) Do the WA police have the jurisdiction to prosecute a Local Government Act 1995 local government electoral offense? (3) Do the WA police have the jurisdiction to prosecute a Local Government Act 1995 offense? (4) Is a local government CEO required to pass service of court proceedings
to the Council of that local government when the Local Government or any
employee is a party in or to those proceedings? (5) In what circumstances is a Local Government CEO authorised to represent a
local government in proceedings in the Western Australia Supreme Court or the Western Australia Court
of Appeal without reference to or the authority of the Council, having
regard to Local Government Act 1995 s.9.29?
to the Council of that local government when the Local Government or any
employee is a party in or to those proceedings? (5) In what circumstances is a Local Government CEO authorised to represent a
local government in proceedings in the Western Australia Supreme Court or the Western Australia Court
of Appeal without reference to or the authority of the Council, having
regard to Local Government Act 1995 s.9.29?
AnswerView source ↗
Answered
12 September 2023
Responded by
Minister representing the Minister for Local Government
Response time
8 days
(1) The provisions of various Acts may apply to conduct in elections. Complaints of alleged electoral offences are best directed to the Returning Officer or to the Western Australian Electoral Commission. Depending on the type of alleged offence, a person may also make a report to the Western Australia Police Force.
(2) No.
(3) No.
(4) The CEO of a local government is generally responsible for providing relevant advice and information to the Council.
(5) It would be unlikely that a CEO would not engage with the Council of a local government in relation to Supreme Court or Court of Appeal proceedings involving that local government.
(2) No.
(3) No.
(4) The CEO of a local government is generally responsible for providing relevant advice and information to the Council.
(5) It would be unlikely that a CEO would not engage with the Council of a local government in relation to Supreme Court or Court of Appeal proceedings involving that local government.
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