Hon Giz Watson questions the Local Government Standards Panel's adherence to human rights and procedural fairness, prompting a detailed response regarding the panel's review, advertising, submissions, committee composition, and report publication.

AnsweredQoN 3875Legislative Council
Asked
17 May 2011
Portfolio
Local Government

QuestionView source ↗

Regarding the work of the Local Government Standards Panel, I ask -
(1) Is Article 10 of the Universal Declaration of Human Rights applicable to the work of the Local Government Standards Panel?
(2) If yes to (1), please provide details?
(3) If no to (1), why not?
(4) When will the review of the Local Government Standards Panel be completed?
(5) Is the Standards Panel Review Committee (Review Committee) considering the procedure before the panel, including procedural fairness and natural justice principles in the review of the work of the Panel?
(6) If no to (5) why not?
(7) How and where was the review advertised?
(8) How many submissions were received?
(9) Why did the Minister not appoint an independent member, from outside the public service, to the Review Committee?
(10) When is the Review Committee expected to finalise the report of the review?
(11) Will the review report be made public?
(12) If no to (11), why not?

AnswerView source ↗

Answered
28 June 2011
Responded by
Minister for Child Protection representing the Minister for Local Government
Response time
42 days
(1)        No. Nevertheless, the panel is an impartial and independent panel that gives all parties a fair hearing.
(2)        Not applicable.
(3)        Minor breaches of local government standards do not fall within the ambit of the Article.
(4)        The review will be completed in June 2011.
(5)        The work of the Review Committee includes scrutiny of the administrative procedures that are followed by departmental officers against best practice principles including fairness and, by implication, natural justice.
(6)        Not applicable.
(7)        The Review was advertised by:
a.    A circular issued by the Director General of the Department of Local Government on 9 February 2011;
b.    A display advertisement in
The West Australian
on 9 February 2011 informing the community of the review and of the options available to make a submission; and
c.    At the same time information about the review that was already on the Department of Local Government's website was updated with the provision of more detail regarding the options available to make submissions.
(8)        471 people participated in the on-line survey, and 16 written submissions and one telephone submission were received.
(9)        The Review is being conducted by Government and it is therefore considered appropriate for the Committee to be comprised of Public Sector officials.  The Committee comprised officers from the Department of Local Government, Department of Commerce and the Office of the Public Sector Commissioner who have relevant skills and experience.  Both the Western Australian Local Government Association (WALGA) and Local Government Managers Australia WA Division (LGMA) were consulted early in the review process including being given the opportunity to provide comment on the Terms of Reference for the Review.
(10)    The Review Committee expects to finalise its report in June 2011.
(11)    When I have reviewed the report, I will make a decision on public release.
(12)    Not applicable.
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