❓ Question regarding sanctions imposed by the Local Government Standards Panel in WA during 2017-18, including details of breaches, referrals to the State Administrative Tribunal, and compliance with penalties. The answer provides some details and refers to the Department's website for further information.
AnsweredQoN 4196Legislative Assembly
QuestionView source ↗
I
refer to the Local Government Standards Panel 2017-18 Annual Report and ask of
the 18 complaints that attracted a sanction: (a) in
which local governments did the 18 complaints originate; (b) how
many sanctions were imposed; (c) please
list each local government member sanctioned and each of their breaches; (d) how
many of the sanctions for breaches were referred to the State Administrative
Tribunal: (i) please
list the local government members whose breaches were referred to the State
Administrative Tribunal; and (ii) please
list the breaches overturned by the State Administrative Tribunal; (e) how
many of the penalties have not been served: (i) please
list each instance, who was sanctioned, the breach and the local government
involved in the penalties not served; and (f) please
list what action was taken against each of the local government members who
didn’t comply with the penalties?
refer to the Local Government Standards Panel 2017-18 Annual Report and ask of
the 18 complaints that attracted a sanction: (a) in
which local governments did the 18 complaints originate; (b) how
many sanctions were imposed; (c) please
list each local government member sanctioned and each of their breaches; (d) how
many of the sanctions for breaches were referred to the State Administrative
Tribunal: (i) please
list the local government members whose breaches were referred to the State
Administrative Tribunal; and (ii) please
list the breaches overturned by the State Administrative Tribunal; (e) how
many of the penalties have not been served: (i) please
list each instance, who was sanctioned, the breach and the local government
involved in the penalties not served; and (f) please
list what action was taken against each of the local government members who
didn’t comply with the penalties?
AnswerView source ↗
Answered
21 November 2018
Responded by
Minister for Local Government
Response time
12 days
(a) Albany;
Boddington;
Cambridge;
Canning;
Chittering;
Dardanup;
Denmark;
Kalamunda;
Melville;
Mosman Park;
Mundaring;
Nedlands;
Northam; and
Victoria Plains.
(b) Seven orders that the elected member make a public apology;
Six orders that the elected member undertake training;
One order that the elected member be publicly censured; and
One order that the elected member be publicly censured and undertake training.
(c) This information is available on the Department of Local Government, Sport and Cultural Industries website, unless under review by SAT
(d)(i) Five reviews of the Panel’s decision were sought from the State Administrative Tribunal by a party to the complaint.
(ii) Nil. Two decisions have been upheld and, to date, no outcome has been reached on the remaining three.
(e-f) The Department is aware of three orders that were not complied with as the person ceased to be an elected member. This information is available on the Department of Local Government, Sport and Cultural Industries website.
Under section 5.118 of the Local Government Act 1995 , it is the responsibility of the Chief Executive Officer of the local government concerned to arrange publication of any censure ordered by the Panel, and to refer to the State Administrative Tribunal any failure to comply with any other order made under section 5.110(6).
Boddington;
Cambridge;
Canning;
Chittering;
Dardanup;
Denmark;
Kalamunda;
Melville;
Mosman Park;
Mundaring;
Nedlands;
Northam; and
Victoria Plains.
(b) Seven orders that the elected member make a public apology;
Six orders that the elected member undertake training;
One order that the elected member be publicly censured; and
One order that the elected member be publicly censured and undertake training.
(c) This information is available on the Department of Local Government, Sport and Cultural Industries website, unless under review by SAT
(d)(i) Five reviews of the Panel’s decision were sought from the State Administrative Tribunal by a party to the complaint.
(ii) Nil. Two decisions have been upheld and, to date, no outcome has been reached on the remaining three.
(e-f) The Department is aware of three orders that were not complied with as the person ceased to be an elected member. This information is available on the Department of Local Government, Sport and Cultural Industries website.
Under section 5.118 of the Local Government Act 1995 , it is the responsibility of the Chief Executive Officer of the local government concerned to arrange publication of any censure ordered by the Panel, and to refer to the State Administrative Tribunal any failure to comply with any other order made under section 5.110(6).
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