Hon Charles Smith asks about consequences for councillors and CEOs regarding mandatory local government training. The answer clarifies obligations under the Local Government Act 1995, highlighting potential scrutiny and breach of statutory obligations.

AnsweredQoN 1125Legislative Council
Asked
20 October 2020
Portfolio
Local Government

QuestionView source ↗

LOCAL GOVERNMENT —
MANDATORY TRAINING
1125. Hon CHARLES SMITH to the Leader of the House representing the
Minister for Local Government:
I refer to the October 2019 local
government election and the requirement to have undertaken the universal
council member training within 12 months.
(1) What are the
consequences for councillors who have not undertaken the mandatory training
within 12 months of being elected?
(2) What is the
consequence for the CEO if they fail to take steps to ensure that the mandatory
training has been completed?
(3) What is the
consequence for the CEO not publishing up-to-date information on the local
council's website reporting council member training?

AnswerView source ↗

I thank the honourable member for
some notice of the question.
(1) Council members who do not complete the mandatory
training will be in breach of their statutory obligations under the
Local Government Act 1995. Under the act, a local government must prepare a report
for each financial year on the training
completed by council members in the financial year and the CEO must publish the report on the local government's
official website within one month after the end of the financial year to which
the report relates. When a council member has not completed the mandatory
training, the publication of this information may lead to scrutiny of the
council member by their local community. Should a council member not
complete the mandatory training, there is no financial penalty applicable under
the act at this time. However, the act does provide for the introduction of a fine
of up to $5 000 in future, if required.
(2) Under the act, the obligation to
complete mandatory training rests with council members.
(3) Under the act, a CEO must publish a report on the
local government's official website regarding the training completed by council members within one month after the end of the financial
year to which the report relates. Should a CEO not publish the report within
the required time frame, the CEO would be in breach of their statutory
obligations under the act.

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