Home›Questions on Notice›QoN 3553

❓ Hon Adele Farina asks the Department for Local Government and Communities about the implementation of recommendations from two Crime and Corruption Commission reports regarding misconduct in local government procurement. The Department indicates progress on some recommendations, particularly regarding gift restrictions and procurement practices.

AnsweredQoN 3553Legislative Council

Asked

20 October 2015

Member

Hon Adele Farina

Portfolio

Local Government

QuestionView source ↗

I refer to recommendations made by the Crime and Corruption Commission in the Report on the investigation of the alleged public sector misconduct by a Local Government employee in relation to the purchase of management systems software handed down in 2013, and the Report on the investigation of alleged public sector misconduct in relation to the purchase of toner cartridges in exchange for gifts outside government procurement policies and arrangements handed down in 2011, and I ask: (a) has the Department for Local Government and Communities implemented in full the following recommendation from the 2011 report "It is recommended that the Local Government Regulations, and/or Local Government Act, be reviewed and amended to reflect a position consistent with the intent and recommendations of this report. To the extent that they are inconsistent, particularly in terms of the requirement for auditing of gift registers, gifts from relatives, "notifiable" and "prohibited" gifts, and monetary thresholds, it is recommended that they be amended."; (b) if no to (a), why not; (c) has the recommendation of the 2013 report that regulation 12 of the Local Government (Functions and General) Regulations 1996 be legislatively reviewed so that its plain meaning reflects the legislative intent been implemented; (d) if no to (c), why not; (e) has the recommendation of the 2013 report that "Local Government Regulations, and/or Local Government Act, be reviewed and amended ... particularly in terms of the requirement for auditing of gift registers, gifts from relatives, "notifiable" and "prohibited" gifts, and monetary thresholds …." been implemented; (f) if no to (e), why not; (g) has the recommendation from the 2013 report that the "Department of Local Government, in consultation with the Western Australian Local Government Association, formulate a "Statement of Business Ethics" in relation to incentives, gifts and benefits, for use by local governments, to provide a clear set of supplier behaviour expectations and the associated consequences for noncompliance. Such a statement would be applicable to all sectors of the community that conduct business with local government authorities" been implemented; (h) if no to (g), why not; (i) has the recommendation from the 2013 report that “consideration be given by the Department of Local Government, in consultation with the Western Australian Local Government Association, to the development of a more detailed guide for the procurement of Information Technology by local governments, with a particular focus on how the total cost of the purchase is to be determined to ensure compliance with procurement legislation and policies" been implemented; and (j) if no to (i), why not?

AnswerView source ↗

Answered

1 December 2015

Responded by

Minister for Mental Health representing the Minister for Local Government

Response time

42 days

(a) The Department of Local Government and Communities is working with the Western Australian Local Government Association on a detailed review of the full range of gift restrictions that apply to elected members and employees of local government, including the threshold value of gifts that are set out in the Rules of Conduct Regulations.
(b) Not applicable
(c) Yes. Amendments to the Regulations came into effect on 1 October 2015.
(d) Not applicable
(e) See (a)
(f) Not applicable
(g) See (a)
(h) Not applicable
(i) Amendments have been made to the
Local Government (Functions and General) Regulations 1996
which focussed on improving local government procurement practices. The Western Australian Local Government Association has also produced a more detailed guide.
(j) Not applicable

View on Parliament of WA