{"id":"wa-local:busselton-city-of-standing-orders-local-law-2018","name":"Standing Orders Local Law 2018","slug":"busselton-city-of-standing-orders-local-law-2018","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442458,"registerId":"wa-local:busselton-city-of-standing-orders-local-law-2018-1775957455876","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Standing Orders Local Law 2018","content":"!2018048GG!\n1181\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, WEDNESDAY, 4 APRIL 2018 No. 48 SPECIAL\nPUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nLOCAL GOVERNMENT ACT 1995\n_________\nCITY OF BUSSELTON\n———————————\nSTANDING ORDERS LOCAL\nLAW 2018\n\n\n\n4 April 2018 GOVERNMENT GAZETTE, WA 1183\nLOCAL GOVERNMENT ACT 1995\nCITY OF BUSSELTON\nSTANDING ORDERS LOCAL LAW 2018\nARRANGEMENT\nPART 1—PRELIMINARY\n1.1 Short title\n1.2 Commencement\n1.3 Application and intent\n1.4 Terms used\n1.5 Repeal\nPART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES\n2.1 Establishment of committees\n2.2 Types of committees\n2.3 Delegation of some powers and duties to certain committees\n2.4 Limits on delegation of powers and duties to certain committees\n2.5 Appointment of committee members\n2.6 Tenure of committee membership\n2.7 Appointment of deputies\n2.8 Resignation of committee members\n2.9 Register of delegations to committees\n2.10 Committees to report\nPART 3—CALLING AND CONVENING MEETINGS\n3.1 Ordinary and special Council meetings\n3.2 Calling Council meetings\n3.3 Convening Council meetings\n3.4 Calling committee meetings\n3.5 Public notice of meetings\nPART 4—PRESIDING MEMBER AND QUORUM\nDivision 1—Presiding member\n4.1 Who presides\n4.2 When the Deputy Mayor can act\n4.3 Who acts if no Mayor or Deputy Mayor\n4.4 Election of presiding members of committees\n4.5 Election of deputy presiding members of committees\n4.6 Functions of deputy presiding members\n4.7 Who acts if no presiding member\nDivision 2—Quorum\n4.8 Quorum for meetings\n4.9 Reduction of quorum for Council meetings\n4.10 Reduction of quorum for committee meetings\n4.11 Procedure where no quorum to begin a meeting\n4.12 Procedure where quorum not present during a meeting\n4.13 Names to be recorded\n4.14 Adjourned meeting procedures\n\n1184 GOVERNMENT GAZETTE, WA 4 April 2018\nPART 5—BUSINESS OF A MEETING\n5.1 Business to be specified\n5.2 Order of business\n5.3 Announcements without discussion\n5.4 Grant of leave of absence\n5.5 Leave of absence\n5.6 Questions on notice\n5.7 Items brought forward for the convenience of those in the public gallery\n5.8 Motions of which previous notice has been given\n5.9 Urgent business\n5.10 Adoption by exception resolution\nPART 6—PUBLIC PARTICIPATION\n6.1 Meetings generally open to the public\n6.2 Meetings not open to the public\n6.3 Question time for the public\n6.4 Question time for the public at certain meetings\n6.5 Minimum question time for the public\n6.6 Procedures for question time for the public\n6.7 Other procedures for question time for the public\n6.8 Distinguished visitors\n6.9 Petitions\n6.10 Presentations by parties with an interest\n6.11 Deputations\n6.12 Participation at committee meetings\n6.13 Confidentiality of information withheld\n6.14 Recording of proceedings\n6.15 Prevention of disturbance\nPART 7—QUESTIONS DURING DEBATE\n7.1 Questions during debate\nPART 8—CONDUCT OF MEMBERS\n8.1 Members to be in their proper places at Council meetings\n8.2 Respect to the presiding member\n8.3 Titles to be used\n8.4 Entering or leaving a meeting\n8.5 Members to indicate their intention to speak\n8.6 Members to rise\n8.7 Priority of speaking\n8.8 Presiding member may take part in debates\n8.9 Relevance\n8.10 Speaking twice\n8.11 Duration of speeches\n8.12 No speaking after conclusion of debate\n8.13 No interruption\n8.14 Personal explanations\n8.15 No reopening of discussion\n8.16 Adverse reflection\n8.17 Withdrawal of offensive language\nPART 9—PRESERVING ORDER\n9.1 Presiding member to preserve order\n9.2 Point of order\n9.3 Procedures on a point of order\n9.4 Ruling by the presiding member\n9.5 Continued breach of order\n9.6 Right of presiding member to adjourn\nPART 10—DEBATE OF SUBSTANTIVE MOTIONS\n10.1 Motions to be stated and in writing\n10.2 Motions to be supported\n10.3 Unopposed business\n10.4 Only one substantive motion at a time\n10.5 Complex motions\n10.6 Order of call in debate\n10.7 Member may require motion or amendment to be read\n10.8 Consent of seconder required for alteration\n10.9 Number and order of amendments\n\n4 April 2018 GOVERNMENT GAZETTE, WA 1185\n10.10 When amendment may be moved\n10.11 Form of an amendment\n10.12 Amendment must not negate original motion\n10.13 Relevance of amendments\n10.14 Mover of motion may speak on amendment\n10.15 Effect of an amendment\n10.16 Withdrawal of motion or amendment\n10.17 Right of reply\n10.18 Foreshadowing alternative motions\nPART 11—PROCEDURAL MOTIONS\n11.1 Permissible procedural motions\n11.2 No debate\n11.3 Who may move\n11.4 Procedural motions—right of reply on substantive motion\n11.5 Item to be referred or adjourned\n11.6 Meeting now adjourn\n11.7 Motion to be put\n11.8 Member to be no longer heard\n11.9 Ruling of the presiding member to be disagreed with\nPART 12—DISCLOSURE OF INTERESTS\n12.1 Disclosure of interests\n12.2 Separation of committee recommendations\nPART 13—VOTING\n13.1 Motion—when put\n13.2 Voting\n13.3 Majorities required for decisions\n13.4 Method of taking vote\nPART 14—MINUTES OF MEETINGS\n14.1 Keeping of minutes\n14.2 Content of minutes\n14.3 Public inspection of unconfirmed minutes\n14.4 Confirmation of minutes\nPART 15—REVOKING OR CHANGING DECISIONS\n15.1 Requirements to revoke or change decisions\nPART 16—SUSPENSION OF STANDING ORDERS\n16.1 Suspension of standing orders\n16.2 Where standing orders do not apply\nPART 17—MEETINGS OF ELECTORS\n17.1 Electors’ general meetings\n17.2 Matters for discussion at electors’ general meetings\n17.3 Electors’ special meetings\n17.4 Requests for electors’ special meetings\n17.5 Convening electors’ meetings\n17.6 Who presides at electors’ meetings\n17.7 Procedure for electors’ meetings\n17.8 Participation of non-electors\n17.9 Voting at electors’ meetings\n17.10 Minutes of electors’ meetings\n17.11 Decisions made at electors’ meetings\nPART 18—ENFORCEMENT\n18.1 Penalty for breach\n18.2 Who can prosecute\n\n\n\n4 April 2018 GOVERNMENT GAZETTE, WA 1187\nLOCAL GOVERNMENT ACT 1995\nCITY OF BUSSELTON\nSTANDING ORDERS LOCAL LAW 2018\nUnder the powers conferred on it by the Local Government Act 1995 and under all other relevant\npowers, the Council of the City of Busselton resolved on 14 March 2018 to make this local law.\nPART 1—PRELIMINARY\n1.1 Short title\nThis local law is the City of Busselton Standing Orders Local Law 2018.\n1.2 Commencement\nThis local law will come into operation 14 days after the day on which it is published in the\nGovernment Gazette.\n1.3 Application and intent\n(1) This local law provides rules and guidelines which apply to the conduct of meetings of the Council\nand its committees and to meetings of electors.\n(2) All meetings are to be conducted in accordance with the Act, the Administration Regulations and\nthis local law.\n(3) This local law is intended to result in—\n(a) better decision-making by the Council and committees;\n(b) the orderly conduct of meetings dealing with Council business;\n(c) better understanding of the process of conducting meetings; and\n(d) the more efficient and effective use of time at meetings.\n1.4 Terms used\nIn this local law unless the context otherwise requires—\n75% majority has the meaning given to it in the Act;\nabsolute majority has the meaning given to it in the Act;\nAdministration Regulations means the Local Government (Administration) Regulations 1996;\nAct means the Local Government Act 1995;\nCEO means the Chief Executive Officer of the City;\nCity means the City of Busselton;\nCode of Conduct means the City’s code of conduct, applying to members and employees, as in\nforce from time to time;\ncommittee means a committee of the Council established under section 5.8 of the Act;\nCouncil means the council of the City;\nDeputy Mayor means the deputy mayor of the City;\nemployee means an employee of the City;\nMayor means the mayor of the City;\nmeeting means a meeting of the Council or a committee, as the context requires;\nmember means—\n(a) in relation to the Council, an elected member of the City;\n(b) in relation to a committee, a member of that committee;\nMinister means the Minister responsible for administering the Act;\npresiding member means—\n(a) in respect of the Council, the person presiding under section 5.6 of the Act; and\n(b) in respect of a committee, the person presiding under sections 5.12, 5.13, and 5.14 of the\nAct;\n\n1188 GOVERNMENT GAZETTE, WA 4 April 2018\nRules of Conduct Regulations means the Local Government (Rules of Conduct)\nRegulations 2007;\nsimple majority means more than 50% of the members present and voting;\nspecial majority has the meaning given to it in the Act;\nsubstantive motion means an original motion or an original motion as amended, but does not\ninclude an amendment or a procedural motion; and\nthese standing orders means the provisions of this local law.\n1.5 Repeal\nThe Shire of Busselton Standing Orders Local Law 2010, published in the Government Gazette on\n9 May 2011, is repealed.\nPART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES\n2.1 Establishment of committees\n(1) The establishment of committees is dealt with in the Act.\n(2) A Council resolution to establish a committee under section 5.8 of the Act is to include—\n(a) the terms of reference of the committee;\n(b) either—\n(i) the names or titles of the members, employees and any other persons to be appointed to\nthe committee; or\n(ii) the number of members, officers and any other persons to be appointed to the\ncommittee and a provision that they be appointed under a separate resolution; and\n(c) details of the delegation of any powers or duties to the committee under section 5.16 of the\nAct.\n2.2 Types of committees\nThe types of committees are dealt with in the Act.\n2.3 Delegation of some powers and duties to certain committees\nThe delegation of some powers and duties to certain committees is dealt with in the Act.\n2.4 Limits on delegation of powers and duties to certain committees\nThe limits on the delegation of powers and duties to certain committees are dealt with in the Act.\n2.5 Appointment of committee members\nThe appointment of committee members is dealt with in the Act.\n2.6 Tenure of committee membership\nTenure of committee membership is dealt with in the Act.\n2.7 Appointment of deputies\nThe appointment of a person to be a deputy of a member of a committee is dealt with in the Act.\n2.8 Resignation of committee members\nThe resignation of committee members is dealt with in the Administration Regulations.\n2.9 Register of delegations to committees\nThe register of delegations to committees is dealt with in the Act.\n2.10 Committees to report\nA committee—\n(a) is answerable to the Council;\n(b) is to report on its activities when, and to the extent, required by the Council; and\n(c) is to prepare and submit to the Council reports containing recommendations.\nPART 3—CALLING AND CONVENING MEETINGS\n3.1 Ordinary and special Council meetings\n(1) Ordinary and special Council meetings are dealt with in the Act.\n(2) An ordinary meeting of the Council is for the purpose of considering and dealing with the ordinary\nbusiness of the Council.\n(3) A special meeting of the Council may be held for the purpose of considering and dealing with\nCouncil business that is urgent, complex in nature, for a particular purpose or confidential.\n3.2 Calling Council meetings\nThe calling of Council meetings is dealt with in the Act.\n3.3 Convening Council meetings\n(1) The convening of a Council meeting is dealt with in the Act.\n\n4 April 2018 GOVERNMENT GAZETTE, WA 1189\n(2) Subject to subclause (3), the CEO is to give at least 72 hours notice, for the purposes of section 5.5\nof the Act, in convening a special meeting of the Council.\n(3) Where, in the opinion of the Mayor or at least one-third of the members, there is a need to meet\nurgently, the CEO may give a lesser period of notice of a special Council meeting.\n3.4 Calling committee meetings\nA meeting of a committee is to be held—\n(a) if called for in a verbal or written request to the CEO by the Mayor or the presiding member\nof the committee, advising the date and purpose of the proposed meeting;\n(b) if called for by at least one-third of the members of the committee in a notice to the CEO,\nsetting out the date and purpose of the proposed meeting; or\n(c) in accordance with a decision of the Council or the committee.\n3.5 Public notice of meetings\nPublic notice of meetings is dealt with in the Administration Regulations.\nPART 4—PRESIDING MEMBER AND QUORUM\nDivision 1—Presiding member\n4.1 Who presides\nWho presides at a Council meeting is dealt with in the Act.\n4.2 When the Deputy Mayor can act\nWhen the Deputy Mayor can act is dealt with in the Act.\n4.3 Who acts if no Mayor or Deputy Mayor\nWho acts if there is no Mayor or Deputy Mayor is dealt with in the Act.\n4.4 Election of presiding members of committees\nThe election of presiding members of committees is dealt with in the Act.\n4.5 Election of deputy presiding members of committees\nThe election of deputy presiding members of committees is dealt with in the Act.\n4.6 Functions of deputy presiding members\nThe functions of deputy presiding members are dealt with in the Act.\n4.7 Who acts if no presiding member\nWho acts if no presiding member is dealt with in the Act.\nDivision 2—Quorum\n4.8 Quorum for meetings\nThe quorum for meetings is dealt with in the Act.\n4.9 Reduction of quorum for Council meetings\nThe power of the Minister to reduce the number for a quorum and certain majorities is dealt with in\nthe Act.\n4.10 Reduction of quorum for committee meetings\nThe reduction of a quorum for committee meetings is dealt with in the Act.\n4.11 Procedure where no quorum to begin a meeting\nThe procedure where there is no quorum to begin a meeting is dealt with in the Administration\nRegulations.\n4.12 Procedure where quorum not present during a meeting\nIf, at any time during a meeting, a quorum is not present—\n(a) the presiding member is immediately to suspend the proceedings of the meeting for a period\nof up to 15 minutes;\n(b) if a quorum is not present at the expiry of the suspension period under paragraph (a), the\npresiding member may either adjourn the meeting to some future time or date or may extend\nthe extension period for a further period of up to 30 minutes; and\n(c) if a quorum is not present at the expiry of the extended period of suspension under paragraph\n(b), the presiding member is to adjourn the meeting to a later time on the same day or to\nanother day.\n4.13 Names to be recorded\nAt any meeting—\n(a) at which there is not a quorum present; or\n(b) which is adjourned for want of a quorum,\nthe names of the members then present are to be recorded in the minutes.\n\n1190 GOVERNMENT GAZETTE, WA 4 April 2018\n4.14 Adjourned meeting procedures\nWhere a meeting is adjourned for want of a quorum—\n(a) the names of members who have spoken on a matter that was interrupted by the\nadjournment are to be recorded in the minutes and clause 8.10 applies when the debate on\nthe matter is resumed; and\n(b) the resumed meeting is to continue from the point at which it was adjourned, unless the\npresiding member or the meeting determines otherwise.\nPART 5—BUSINESS OF A MEETING\n5.1 Business to be specified\n(1) With the exception of urgent business under clause 5.9, no business is to be transacted at any\nordinary meeting of the Council other than that specified in the agenda.\n(2) No business is to be transacted at a special meeting of the Council other than that given in the\nnotice as the purpose of the meeting.\n(3) No business is to be transacted at a committee meeting other than that specified in the agenda, or\nin the notice of the meeting as the purpose of the meeting, without the approval of the presiding\nmember or a decision of the committee.\n(4) Where a Council meeting is adjourned to the next ordinary meeting of the Council then, unless the\nCouncil resolves otherwise, the business unresolved at the adjourned meeting is to be dealt with\nbefore considering Reports at that ordinary meeting.\n(5) Where a committee meeting is adjourned to the next ordinary committee meeting, the business\nunresolved at the meeting that is adjourned is to be given precedence at that ordinary meeting.\n(6) Where a Council or committee meeting is adjourned to a meeting not described in subclause (4)\nor (5), no business is to be transacted at that later meeting other than that—\n(a) specified in the notice of the meeting that is adjourned; and\n(b) which remains unresolved.\n5.2 Order of business\n(1) Unless otherwise decided by the presiding member or the Council, the order of business at any\nordinary meeting of the Council is to be as follows—\n1. Declaration of opening/Acknowledgement of Country/Acknowledgement of visitors/Disclaimer\n2. Attendance\n2.1 Apologies\n2.2 Approved leave of absence\n3. Prayer\n4. Applications for leave of absence\n5. Disclosure of interests\n6. Announcements by the presiding member (without discussion)\n7. Question time for public\n7.1 Response to previous questions taken on notice\n7.2 Question time for public\n8. Confirmation of minutes\n9. Receiving of petitions, presentations and deputations\n9.1 Petitions\n9.2 Presentations\n9.3 Deputations\n10. Questions by members of which due notice has been given (without discussion)\n11. Items brought forward for the convenience of those in the public gallery\n12. Reports of committee meetings\n13. Reports\n14. Motions of which previous notice has been given\n15. Urgent business\n16. Confidential matters\n17. Closure\n(2) Unless otherwise decided by the presiding member or the members present, the order of business\nat any special meeting of the Council or at a committee meeting is to be the order in which that\nbusiness stands in the notice of, or agenda for, the meeting.\n(3) Despite subclauses (1) and (2), the CEO may include on the agenda of a Council or committee\nmeeting in an appropriate place within the order of business any matter which must be decided, or\nwhich he or she considers is appropriate to be decided, by that meeting.\n5.3 Announcements without discussion\nAnnouncements made by the presiding member at a Council meeting are—\n(a) to inform the Council of matters of importance to the Council;\n(b) to be brief and concise; and\n(c) not to be the subject of any discussion, unless the Council resolves otherwise.\n\n4 April 2018 GOVERNMENT GAZETTE, WA 1191\n5.4 Grant of leave of absence\nThe grant of leave of absence is dealt with in the Act.\n5.5 Leave of absence\n(1) A member seeking the Council’s approval to take leave of absence must give written notice to the\nCEO prior to the commencement of the meeting.\n(2) The notice referred to in subclause (1) must include the period of leave of absence required and the\nreasons for seeking the leave.\n5.6 Questions on notice\n(1) A member who wishes to ask a question at a meeting of the Council on a matter that is not\nincluded in the agenda for that meeting is to give written notice of the specific question to the CEO at\nleast three clear working days before the meeting of the Council.\n(2) The CEO may, after consultation with the member where this is practicable, and with the\nconcurrence of the Mayor, make such amendments to the question so as to clarify the intent of the\nquestion and bring the question into due form.\n(3) If the question referred to in subclause (1) relates to a matter within the responsibility of the\nCouncil, and is respectful and temperate in its language, it must be tabled at the meeting at item 10\nof the order of business as outlined in clause 5.2(1) and the answer is, as far as practicable, to be\nprovided at that meeting of the Council.\n(4) Every question and answer is to be submitted as briefly and concisely as possible, and no\ndiscussion on the question or answer is permitted.\n5.7 Items brought forward for the convenience of those in the public gallery\nAny items on the agenda which are either the subject of a question by members of the public, or\nwhere requested by others in attendance, may, with the consent of the presiding member, be brought\nforward to item 11 of the order of business.\n5.8 Motions of which previous notice has been given\n(1) Unless the Act, Administration Regulations or this local law otherwise provide, a member may\nraise at a meeting such business as he or she considers appropriate, in the form of a motion, of which\nnotice has been given in writing to the CEO and which has been included on the agenda.\n(2) A notice of motion under subclause (1) is to be given at least 10 clear days before the meeting at\nwhich the motion is moved.\n(3) A notice of motion is to be accompanied by supporting reasons, must relate to the good government\nof the district and must be within the lawful responsibilities of the Council.\n(4) The CEO—\n(a) with the concurrence of the Mayor, may exclude from the agenda any notice of motion deemed\nto be, or likely to involve, a breach of any of these standing orders or any other written law;\n(b) is to inform members on each occasion that a notice has been excluded and the reasons for\nthat exclusion; and\n(c) may, after consultation with the member where this is practicable, make such amendments to\nthe form but not the substance as will bring the notice of motion into due form.\n(5) A motion of which notice has been given is to lapse unless—\n(a) the member who gave notice of it, or some other member authorised by the originating\nmember in writing, moves the motion when called on and the motion is seconded; or\n(b) the Council or the committee on a motion agrees to defer consideration of the motion to a\nlater stage or date.\n(6) If a notice of motion is given and lost, notice of a motion in the same terms or to the same effect\nmust not be given again for at least 3 months from the date of such loss, unless supported by an\nabsolute majority of members in writing.\n5.9 Urgent business\n(1) A member may move a motion to consider an item of urgent business that is not included in the\nagenda for that meeting provided that—\n(a) the presiding member has first consented to the business being raised;\n(b) the presiding member considers that either—\n(i) the urgency of the business is such that the business cannot await inclusion in the\nagenda for the next meeting of the Council; or\n(ii) the delay in referring the business to the next meeting of the Council could have\nadverse legal, reputational or financial implications for the local government; and\n(c) other than a motion to revoke a decision, the item of urgent business is presented in the form\nof a report generated by an employee, a copy of which is to be provided to members prior to\nthe commencement of the meeting.\n(2) Where the Council agrees to consider such item of urgent business, then it is to be dealt with at\nitem 15 of the order of business as outlined in clause 5.2(1).\n5.10 Adoption by exception resolution\n(1) In this clause adoption by exception resolution means a resolution of the Council that has the\neffect of adopting, for a number of specifically identified reports, the committee or employee\nrecommendation as the Council resolution.\n\n1192 GOVERNMENT GAZETTE, WA 4 April 2018\n(2) The Council may pass an adoption by exception resolution.\n(3) An adoption by exception resolution may not be used for a matter—\n(a) that requires a 75% majority or a special majority;\n(b) in which an interest has been disclosed;\n(c) that is a matter on which a member wishes to ask a question;\n(d) that is a matter on which a member wishes to make a statement; or\n(e) that is a matter on which a member wishes to move a motion that is different to the\nrecommendation.\n(4) A member who wishes to ask a question or make a statement in relation to a matter that would\notherwise be within an adoption by exception motion should, as far as practicable, notify the CEO by\n3pm on the day before the meeting.\n(5) A member who wishes to move a motion that is different to the recommendation in a matter that\nwould otherwise be within an adoption by exception resolution should, as far as practicable, give\nnotice of the motion that—\n(a) is in writing;\n(b) identifies the matter and gives the reason or reasons for the motion; and\n(c) is given to the CEO by 3pm on the day before the meeting.\n(6) Where a member intends to move a motion referred to in sub-clause (5), the CEO must be given an\nopportunity to provide advice to the Council prior to consideration of the motion, in accordance with\nsection 5.41 (b) of the Local Government Act.\nPART 6—PUBLIC PARTICIPATION\n6.1 Meetings generally open to the public\nMeetings being generally open to the public is dealt with in the Act.\n6.2 Meetings not open to the public\n(1) The CEO may, at any time, recommend that a meeting or part of a meeting be closed to members\nof the public.\n(2) The Council or a committee, in one or more of the circumstances dealt with in the Act, may at any\ntime, by resolution, decide to close to members of the public a meeting or part of a meeting.\n(3) If a resolution under subclause (2) is carried—\n(a) the presiding member is to direct everyone to leave the meeting except—\n(i) the members;\n(ii) any employee of the City unless specified in a resolution; and\n(iii) any other person specified in a resolution; and\n(b) the meeting is to be closed to the public until, at the conclusion of the matter justifying the\nclosure of the meeting to the public, the Council or the committee, by resolution, decides\notherwise.\n(4) A person who fails to comply with a direction under subclause (3)(a) may, by order of the presiding\nmember, be removed from the meeting.\n(5) While the resolution under subclause (2) remains in force, the operation of clause 8.10 is to be\nsuspended unless the Council or the committee, by resolution, decides otherwise.\n(6) A resolution under this clause may be made without notice of the relevant motion.\n(7) Once the meeting is reopened to members of the public, the presiding member is to ensure that, if\nany member of the public returns to the meeting, any resolution made while the meeting was closed is\nto be read out or summarised, including the details of any voting recorded.\n6.3 Question time for the public\nQuestion time for the public is dealt with in the Act.\n6.4 Question time for the public at certain meetings\nQuestion time for the public at certain meetings is dealt with in the Administration Regulations.\n6.5 Minimum question time for the public\nMinimum question time for the public is dealt with in the Administration Regulations.\n6.6 Procedures for question time for the public\nProcedures for question time for the public are dealt with in the Administration Regulations.\n6.7 Other procedures for question time for the public\n(1) A member of the public who wishes to ask a question during question time must first state his or\nher name and address.\n(2) A question may be taken on notice for later response.\n(3) When a question is taken on notice the CEO is to ensure that—\n(a) a response is given to the member of the public in writing prior to the next meeting; and\n(b) a summary of the response is presented to, and recorded in the minutes of, the next meeting.\n\n4 April 2018 GOVERNMENT GAZETTE, WA 1193\n(4) Where a question relating to a matter in which a relevant person has an interest is directed to the\nrelevant person, the relevant person may—\n(a) declare that he or she has an interest in the matter; and\n(b) allow another person to respond to the question.\n(5) Each member of the public with one or more questions is to be given an equal and fair opportunity,\nto be determined by the presiding member, to ask the question or questions.\n(6) The presiding member may decide that a question is not to be responded to where—\n(a) the same or similar question was asked at a previous meeting, a response was provided and\nthe member of the public is directed to the minutes of the meeting at which the response was\nprovided;\n(b) the member of the public uses public question time to make a statement, provided that the\npresiding member has taken reasonable steps to assist the member of the public to phrase the\nstatement as a question;\n(c) the member of the public asks a question that is offensive or defamatory in nature or is one\nwhich, if asked by a member, would be in breach of these standing orders or any other law;\nand\n(d) the presiding member is of the view that the question or questions have already been\nanswered or the matter adequately dealt with.\n6.8 Distinguished visitors\nIf a distinguished visitor is present at a meeting of the Council or a committee, the presiding member\nmay acknowledge the presence of the distinguished visitor at an appropriate time during the meeting,\nand the presence of that visitor is to be recorded in the minutes.\n6.9 Petitions\n(1) A petition, in order to be considered by the Council, is to—\n(a) be addressed to the Mayor;\n(b) be made by electors of the district;\n(c) state the request on each page of the petition;\n(d) contain the name, address and signature of each elector making the request;\n(e) contain a summary of the reasons for the request;\n(f) state the name of the person to whom, and an address at which, notice to the petitioners can\nbe given; and\n(g) be respectful and temperate in its language.\n(2) Despite subclause (1), the presiding member may allow a petition to be considered in\ncircumstances where the petition complies with the majority of the requirements in subclause (1).\n(3) In response to a petition presented to it, the Council may determine—\n(a) that the petition be received;\n(b) that the petition be rejected;\n(c) that the petition be received and referred to the CEO to prepare a report to the Council or a\ncommittee; or\n(d) that the petition be received and referred to the CEO for action.\n(4) At any meeting, the Council is not to vote on any matter that is the subject of a petition presented\nto that meeting, unless—\n(a) the matter is the subject of a report included in the agenda; and\n(b) the Council has considered the issues raised in the petition.\n6.10 Presentations by parties with an interest\n(1) Once an agenda of a meeting of the Council has been issued, parties with a demonstrable interest\nin any item listed on the agenda for discussion may seek to present to the Council at the time during\nthe meeting allocated for this purpose.\n(2) A person must demonstrate that they are a party with an interest in an item on the agenda by\nstating their name, the item to which they wish to speak, whether or not they are in agreement with\nthe recommendation in the agenda and they are—\n(a) the applicant or one duly authorised representative of the applicant;\n(b) an adjoining neighbour sharing a common length of boundary or directly opposite neighbour\nof the affected property;\n(c) one person duly representing a community-based organisation where an item on the agenda\nhas broad community impact and is associated with the objectives of the organisation; or\n(d) such other person as in the opinion of the presiding member has a significant direct interest\nor is duly representing those that have a significant direct interest in the item.\n(3) A person addressing the Council on an agenda item will be limited to a period of 5 minutes unless\nthe person is granted an extension by the presiding member.\n(4) Where multiple parties wish to present on an item, the applicant (or their duly authorised\nrepresentative) is to be given the opportunity to give the final presentation on the item.\n(5) Members may, through the presiding member, question a person addressing the Council on the\nitem but no debate or general discussion will be permitted.\n\n1194 GOVERNMENT GAZETTE, WA 4 April 2018\n6.11 Deputations\n(1) Any person or group wishing to be received as a deputation by the Council is to either—\n(a) apply, before the meeting, to the CEO for approval; or\n(b) with the approval of the presiding member, at the meeting, address the Council.\n(2) The CEO may either—\n(a) approve the request and invite the deputation to attend a meeting of the Council; or\n(b) refer the request to the Council to decide by simple majority whether or not to receive the\ndeputation.\n(3) Unless the Council resolves otherwise, a deputation invited to attend a Council meeting—\n(a) is not to exceed 5 people, only 2 of whom may address the Council although others may\nrespond to specific questions from members;\n(b) is not to address the Council for a period exceeding 10 minutes without the agreement of the\nCouncil; and\n(c) may seek leave of the presiding member for additional members of the deputation to be\nallowed to speak.\n(4) Any matter which relates to an item on the agenda and which is the subject of a deputation to the\nCouncil is not to be decided by the Council until the deputation has completed its presentation.\n6.12 Participation at committee meetings\n(1) In this clause a reference to a person is to a person who—\n(a) is entitled to attend a committee meeting;\n(b) attends a committee meeting; and\n(c) is not a member of that committee.\n(2) A member may attend, as an observer, any meeting of a committee of which he or she is not a\nmember or the deputy of a member, but is to sit in an area set aside by the CEO for observers\nseparated from the committee members.\n(3) Without the consent of the presiding member, a person must not address a committee meeting.\n(4) The presiding member of a committee may allow a person to make an oral address to the\ncommittee for up to 5 minutes.\n(5) A person addressing the committee with the consent of the presiding member must cease that\naddress immediately after being directed to do so by the presiding member.\n(6) A person who fails to comply with a direction of the presiding member under subclause (4) may, by\norder of the presiding member, be removed from the committee meeting.\n6.13 Confidentiality of information withheld\n(1) Information withheld by the CEO from the public under regulation 14(2) of the Administration\nRegulations is to be—\n(a) identified in the agenda of a Council or committee meeting under the item “Confidential\nmatters”, along with the reason for the confidentiality as dealt with in the Act; and\n(b) kept confidential by employees and members until, in the opinion of the CEO, or the Council\nor the committee (as the case may be), the reason for confidentiality ceases to exist.\n(2) A member or an employee in receipt of confidential information under subclause (1), or\ninformation that is provided or disclosed during a meeting or part of a meeting that is closed to the\npublic, must not disclose any of that information to any person other than another member or an\nemployee to the extent necessary for the purpose of carrying out his or her duties.\n(3) Subclause (2) does not apply where a member or employee discloses the information to a legal\npractitioner or government officer for the purpose of seeking advice in order to lawfully fulfil his or\nher role and responsibilities, or where disclosure is required or permitted by law.\n6.14 Recording of proceedings\n(1) A person must not use any electronic, visual or audio recording device or instrument to record the\nproceedings of a meeting without the permission of the presiding member.\n(2) If the presiding member gives permission under subclause (1), the presiding member must advise\nthe meeting, immediately before the recording is commenced, that such permission has been given\nand the nature and extent of that permission.\n(3) Subclause (1) does not apply if the recording is taken by or at the direction of the CEO for the\npurpose of taking minutes.\n(4) In the case of a recording taken under subclause (3), the CEO must advise the meeting,\nimmediately before the recording is commenced, that the meeting is being recorded for the purpose of\ntaking minutes.\n6.15 Prevention of disturbance\n(1) A reference in this clause to a person is to a person other than a member.\n(2) A person addressing a meeting must extend due courtesy and respect to the Council or the\ncommittee and the processes under which it operates and must comply with any direction by the\npresiding member.\n\n4 April 2018 GOVERNMENT GAZETTE, WA 1195\n(3) A person present at or observing a meeting must not create a disturbance at a meeting, by\ninterrupting or interfering with the proceedings, whether by expressing approval or dissent, by\nconversing or by any other means.\n(4) A person must ensure that his or her mobile telephone, pager or other audible device is not\nswitched on or used during any meeting.\n(5) The presiding member may warn a person who fails to comply with this clause.\n(6) If—\n(a) after being warned, the person again acts contrary to this clause, or to any of these standing\norders; or\n(b) a person refuses or fails to comply with a direction by the presiding member,\nthe presiding member may expel the person from the meeting by ordering him or her to leave the\nmeeting room.\n(7) A person who is ordered to leave the meeting room and fails to do so may, by order of the presiding\nmember, be removed from the meeting room and, if the presiding member orders, from the premises.\nPART 7—QUESTIONS DURING DEBATE\n7.1 Questions during debate\n(1) At any time during debate on a motion prior to the mover of the motion commencing the right of\nreply, a member may ask a question in relation to the motion and, with the consent of the presiding\nmember, may ask one or more further questions.\n(2) Where possible the CEO or the CEO’s nominee is to answer the question to the best of his or her\nknowledge and ability, however, if the information is unavailable or the answer requires research or\ninvestigation, the respondent may ask that—\n(a) the question is taken on notice; and\n(b) the answer to the question is given to the members as soon as practicable.\n(3) Every question and answer—\n(a) is to be brief and concise; and\n(b) is not to be accompanied by argument, expression of opinion or statement of facts, except to\nthe extent necessary to explain the question or answer.\n(4) In answering any question, a respondent may qualify his or her answer and may at a later time in\nthe meeting or at a subsequent meeting, correct, add to or otherwise amend the original answer.\nPART 8—CONDUCT OF MEMBERS\n8.1 Members to be in their proper places at Council meetings\n(1) At the first meeting held after each election day, each member is to be allocated a position at the\nCouncil table by a ballot conducted by the CEO after considering requests for a specific allocation for\nspecial circumstances.\n(2) Each member is to occupy his or her allotted position at each Council meeting.\n8.2 Respect to the presiding member\nAfter the business of a meeting has commenced, a member must not enter or leave the meeting\nwithout first paying due respect to the presiding member.\n8.3 Titles to be used\nA speaker, when referring to the Mayor, Deputy Mayor or presiding member, or a member or\nemployee, must use the title of that person’s office.\n8.4 Entering or leaving a meeting\nDuring the course of a meeting, a member must not enter or leave the meeting without first giving an\nappropriate indication, in order to facilitate the recording in the minutes of the time of entry or\ndeparture.\n8.5 Members to indicate their intention to speak\nA member who wishes to speak at a meeting must indicate his or her intention to speak by raising his\nor her hand or by another method agreed by the presiding member.\n8.6 Members to rise\nA member, other than the presiding member, asking a question or taking part in discussion or a\ndebate at a meeting must stand, except when prevented from doing so by sickness or infirmity.\n8.7 Priority of speaking\n(1) Where two or more members indicate, at the same time, their intention to speak, the presiding\nmember is to decide which member is entitled to be heard first.\n(2) A decision of the presiding member under subclause (1) is not open to discussion or dissent.\n(3) A member must cease speaking immediately after being asked to do so by the presiding member.\n\n1196 GOVERNMENT GAZETTE, WA 4 April 2018\n8.8 Presiding member may take part in debates\nThe presiding member may take part in a discussion of any matter before the meeting, subject to\ncompliance with this local law.\n8.9 Relevance\n(1) A member must restrict his or her remarks to the motion under discussion, or to a personal\nexplanation or point of order.\n(2) The presiding member, at any time, may—\n(a) call the attention of the meeting to—\n(i) any irrelevant, repetitious, offensive or insulting language by a member; or\n(ii) any breach of order by a member; and\n(b) direct that member, if speaking, to discontinue his or her speech.\n(3) A member must comply with the direction of the presiding member under subclause (2) by\nimmediately ceasing to speak.\n8.10 Speaking twice\n(1) A member must not address the meeting more than once on any motion or amendment except—\n(a) as the mover of a substantive motion or an amendment, to exercise a right of reply;\n(b) to raise a point of order; or\n(c) to make a personal explanation.\n(2) A member who asks a question, or who makes a request or responds to a request under\nclause 10.7, has not addressed the meeting for the purpose of this clause.\n(3) This clause does not apply to a committee meeting unless the committee by resolution decides that\nit is to apply to the meeting or a part of the meeting.\n8.11 Duration of speeches\n(1) A member must not speak on any matter for more than five minutes without the consent of the\nmembers which, if given, is to be given without debate.\n(2) An extension under this clause cannot be given to allow a member’s total speaking time to exceed\nten minutes.\n8.12 No speaking after conclusion of debate\nA member must not speak on any motion or amendment—\n(a) after the mover has replied; or\n(b) after the motion or amendment has been put.\n8.13 No interruption\nA member must not interrupt another member who is speaking unless—\n(a) to raise a point of order;\n(b) to call attention to the absence of a quorum;\n(c) to make a personal explanation under clause 8.14; or\n(d) to move a procedural motion that the member be no longer heard.\n8.14 Personal explanations\n(1) A member who wishes to make a personal explanation relating to a matter referred to by another\nmember who is then speaking is to indicate to the presiding member his or her intention to make a\npersonal explanation.\n(2) The presiding member is to determine whether the personal explanation is to be heard\nimmediately or at the conclusion of the speech by the other member.\n(3) A member making a personal explanation is to confine his or her observations to a succinct\nstatement relating to a specific part of the speech at which he or she may have been misunderstood.\n8.15 No reopening of discussion\nA member must not reopen discussion on any decision, except to move that the decision be revoked or\nchanged (see Part 15).\n8.16 Adverse reflection\n(1) A member must not reflect adversely on a decision of the Council or committee except on a motion\nthat the decision be revoked or changed (see Part 16).\n(2) A member must not—\n(a) reflect adversely on the character or actions of another member or employee; or\n(b) impute any motive to a member or employee,\nunless the meeting resolves, without debate, that the matter then before the meeting cannot\notherwise be adequately considered.\n(3) A member must not use offensive or insulting expressions in reference to any member, employee\nor other person.\n\n4 April 2018 GOVERNMENT GAZETTE, WA 1197\n(4) If a member or CEO specifically requests, immediately after their use, that any particular words\nused by a member that are in breach of this clause be recorded in the minutes, the member making\nthe request is to provide the words to the meeting for verification and the presiding member is to\ncause the words used to be taken down and recorded in the minutes.\n8.17 Withdrawal of offensive language\nA member who, in the opinion of the presiding member, uses an expression which—\n(a) in the absence of a resolution under clause 8.16(2)—\n(i) reflects adversely on the character or actions of another member or an employee; or\n(ii) imputes any motive to another member or an employee; or\n(b) is offensive or insulting,\nmust, when directed by the presiding member, withdraw the expression and make a satisfactory\napology.\nPART 9—PRESERVING ORDER\n9.1 Presiding member to preserve order\n(1) The presiding member is to preserve order, and, whenever he or she considers necessary, may call\nany member to order.\n(2) When the presiding member speaks during a debate, any member then speaking, or indicating\nthat he or she wishes to speak, must immediately sit down and every member present must preserve\nstrict silence so that the presiding member may be heard without interruption.\n(3) Subclause (2) is not to be used by the presiding member to exercise the right provided in\nclause 8.8, but to preserve order.\n9.2 Point of order\n(1) A member may at any time, draw the attention of the presiding member (including as an\nobjection, by way of a point of order), to a breach of—\n(a) any of these standing orders; or\n(b) any other written law.\n(2) Examples of valid points of order are—\n(a) a speaker’s remarks not being relevant to the motion being debated (see clause 8.9); and\n(b) a speaker’s use of offensive or insulting expressions (see clause 8.16(3)).\n(3) Despite anything in this local law to the contrary, a point of order—\n(a) takes precedence over any discussion; and\n(b) until determined, suspends the consideration or discussion of any other matter.\n9.3 Procedures on a point of order\n(1) A member who is addressing the presiding member must not be interrupted except on a point of\norder.\n(2) A member interrupted on a point of order must cease speaking and resume his or her seat until—\n(a) the member raising the point of order has been heard; and\n(b) the presiding member has ruled on the point of order,\nand, if permitted, the member who has been interrupted may then proceed.\n9.4 Ruling by the presiding member\n(1) The presiding member is to rule on any point of order which is raised by either upholding or\nrejecting the point of order.\n(2) A ruling by the presiding member on a point of order—\n(a) is not to be the subject of debate or comment; and\n(b) is to be final unless the majority of members then present and voting, on a motion moved\nimmediately after the ruling, dissent from the ruling.\n(3) Subject to a motion of dissent being carried under subclause (2), if the presiding member rules\nthat—\n(a) any motion, amendment or other matter before the meeting is out of order, it is not to be\nconsidered further; and\n(b) a statement made or act done by a member is out of order, the presiding member may direct\nthe member to make an explanation, retraction or apology.\n9.5 Continued breach of order\nIf a member—\n(a) persists in any conduct that the presiding member had ruled is out of order; or\n(b) refuses to comply with a direction from the presiding member (such as a direction under\nclause 8.9(2)(b) or 9.4(3)(b)),\nthe presiding member may direct the member to refrain from taking any further part in the debate on\nthe matter then before the meeting, other than by voting, and the member must comply with that\ndirection.\n\n1198 GOVERNMENT GAZETTE, WA 4 April 2018\n9.6 Right of presiding member to adjourn\n(1) For the purpose of preserving or regaining order, the presiding member may adjourn the meeting\nfor a period of up to 15 minutes.\n(2) On resumption, the debate is to continue at the point at which the meeting was adjourned.\n(3) If, at any one meeting, the presiding member adjourns the meeting more than once for the purpose\nof preserving or regaining order, the second or subsequent adjournment may be to a later time on the\nsame day or to another day.\nPART 10—DEBATE OF SUBSTANTIVE MOTIONS\n10.1 Motions to be stated and in writing\nA member who wishes to move a substantive motion or an amendment to a substantive motion—\n(a) is to state the substance of the motion before speaking to it; and\n(b) is to put the motion or amendment in writing if he or she is required to do so by the presiding\nmember.\n10.2 Motions to be supported\n(1) A substantive motion or an amendment to a substantive motion is not open to debate until it has\nbeen seconded.\n(2) A motion to revoke or change a decision made at a Council or committee meeting is not open to\ndebate unless the motion has the support required under regulation 10 of the Administration\nRegulations.\n10.3 Unopposed business\n(1) Immediately after a substantive motion has been moved and seconded, the presiding member may\nask the meeting if any member opposes it.\n(2) If no member opposes the motion, the presiding member may immediately proceed to put the\nmatter to the vote.\n10.4 Only one substantive motion at a time\nThe presiding member is not to accept a substantive motion while another substantive motion is\nbeing debated.\n10.5 Complex motions\nThe presiding member may require that a complex substantive motion, or a complex amendment to a\nsubstantive motion, is to be broken down and put in the form of more than one motion, each of which\nis to be put in sequence.\n10.6 Order of call in debate\n(1) The presiding member is to call speakers to a substantive motion in the following order—\n(a) the mover to state the motion;\n(b) a seconder to the motion;\n(c) the mover to speak to the motion;\n(d) the seconder to speak to the motion;\n(e) a speaker against the motion;\n(f) a speaker for the motion;\n(g) other speakers against and for the motion, alternating where possible; and\n(h) mover takes right of reply which closes debate.\n(2) When called on to speak, the seconder to a motion may elect to reserve that right and speak to the\nmotion at a later time when a speaker for the motion is called.\n10.7 Member may require motion or amendment to be read\nA member may require the motion or amendment or matter under discussion to be read at any time\nduring a debate, but not so as to interrupt any other member who is speaking.\n10.8 Consent of seconder required for alteration\nThe mover of a substantive motion may not alter the wording of the motion without the consent of the\nseconder.\n10.9 Number and order of amendments\n(1) No more than three amendments may be proposed to a substantive motion unless the presiding\nmember determines that further amendments are to be permitted.\n(2) Where an amendment is moved to a substantive motion, a second or subsequent amendment is not\nto be moved or considered until the first amendment has been withdrawn, carried or lost.\n(3) An amendment may be proposed to a substantive motion either in its original terms or as\nsubsequently amended.\n10.10 When amendment may be moved\nA member may move an amendment to a motion during the debate on the motion, except—\n(a) when the mover has been called by the presiding member to exercise the right of reply; or\n(b) during debate on a procedural motion.\n\n4 April 2018 GOVERNMENT GAZETTE, WA 1199\n10.11 Form of an amendment\nAn amendment must add, delete, or substitute words to the substantive motion.\n10.12 Amendment must not negate original motion\nAn amendment to a substantive motion cannot negate the original motion or the intent of the original\nmotion.\n10.13 Relevance of amendments\nEach amendment must be relevant to the motion in respect of which it is moved.\n10.14 Mover of motion may speak on amendment\nAny member, including the mover of a motion, may speak during debate on an amendment.\n10.15 Effect of an amendment\nIf an amendment to a substantive motion is carried, the motion as amended then becomes the\nsubstantive motion, on which any member may speak and a further amendment may be moved,\nsubject to the limitation on the number of amendments in clause 10.9.\n10.16 Withdrawal of motion or amendment\n(1) Subject to subclause (2), the Council or a committee may, without debate, grant leave to withdraw\na motion or amendment on the request of the mover of the motion or amendment and with the\napproval of the seconder.\n(2) Where an amendment has been proposed to a substantive motion, the substantive motion is not to\nbe withdrawn, except by consent of the majority of members present, until the amendment proposed\nhas been withdrawn or lost.\n10.17 Right of reply\n(1) The mover of a substantive motion has the right of reply.\n(2) The right of reply under subclause (1) may be exercised only—\n(a) where no amendment is moved to the substantive motion—at the conclusion of the discussion\non the motion; or\n(b) where one or more amendments have been moved to the substantive motion—at the\nconclusion of the discussion on the substantive motion and any amendments.\n(3) The mover of an amendment to a substantive motion has the right of reply in relation to that\namendment.\n(4) The right of reply under subclause (3) may be exercised only at the conclusion of the discussion on\nthat amendment.\n(5) After the mover of the substantive motion has commenced the reply—\n(a) no other member is to speak on the motion;\n(b) there is to be no further discussion on, question about or any further amendment to, the\nmotion.\n(6) The right of reply is to be confined to rebutting arguments raised by previous speakers and no new\nmatter is to be introduced.\n(7) At the conclusion of the right of reply under subclause (2), the substantive motion, or the\nsubstantive motion as amended, is immediately to be put to the vote, subject to any requirement to\nread the motion under clause 10.7 before the vote.\n10.18 Foreshadowing alternative motions\n(1) In this clause, Alternative Motion means an alternative substantive motion that negates the\nterms and intent of a substantive motion that is being considered, or is to be considered, by the\nCouncil.\n(2) A member who wishes the Council to consider an Alternative Motion, the member must\nforeshadow the Alternative Motion before the right of reply in respect of the substantive motion has\ncommenced.\n(3) If the substantive motion is lost, the presiding member must call on the member who\nforeshadowed the Alternative Motion to move the Alternative Motion.\n(4) Once moved and seconded, the foreshadowed Alternative Motion becomes the substantive motion\nand the same procedures and rules of debate apply to this motion as any other substantive motion.\n(5) If more than one foreshadowed Alternative Motion is proposed for any item before the Council, the\npresiding member must deal with them in the order in which they were foreshadowed.\n(6) Where a member has identified an item for exclusion from the adoption by exception resolution\nunder clause 5.10(5), and includes a motion that is different to the employee recommendation, that\nmotion is taken to be a foreshadowed Alternative Motion and is to be the substantive motion that is\nfirst considered by the Council.\n(7) Where a member has identified an item for exclusion from the adoption by exception resolution\nunder clause 5.10(5), and includes a motion that is different to the committee recommendation, that\nmotion is taken to be a foreshadowed Alternative Motion and members are first to be given the option\nto debate the committee recommendation.\n\n1200 GOVERNMENT GAZETTE, WA 4 April 2018\nPART 11—PROCEDURAL MOTIONS\n11.1 Permissible procedural motions\nIn addition to the right to move an amendment to a substantive motion (under Part 10), a member\nmay move the following procedural motions—\n(a) that the item be referred or adjourned to a Council or a committee meeting;\n(b) that the meeting now adjourn;\n(c) that the motion be now put;\n(d) that the ruling of the presiding member be disagreed with;\n(e) that the member be no longer heard;\n(f) that the meeting be closed to the public (see clause 6.2).\n11.2 No debate\n(1) A procedural motion is not open to debate until it has been seconded.\n(2) The mover of a motion specified in paragraph (a), (b), (d) or (f) of clause 11.1 may speak to the\nmotion for not more than 5 minutes, the seconder is not to speak other than to formally second the\nmotion, and there is to be no debate on the motion.\n(3) The mover of a motion specified in paragraph (c) or (e) of clause 11.1 may not speak to the motion,\nthe seconder is not to speak other than to formally second the motion, and there is to be no debate on\nthe motion.\n11.3 Who may move\nA member who has moved, seconded, or spoken for or against the substantive motion, or any\namendment to the substantive motion, cannot move any procedural motion which, if carried, would\nclose the debate on the substantive motion or amendment.\n11.4 Procedural motions—right of reply on substantive motion\nThe carrying of a procedural motion which closes debate on the substantive motion or amendment\nand forces a decision on the substantive motion or amendment does not deny the right of reply to the\nmover of the substantive motion.\n11.5 Item to be referred or adjourned\n(1) A motion “that the item be referred or adjourned”—\n(a) is, in the case of a referral, to state the Council or committee meeting to which the item is to\nbe referred and the time of that meeting (and the reasons for the motion);\n(b) is, in the case of an adjournment, to state the time to which the debate on the item is to be\nadjourned (and the reasons for the motion); and\n(c) if carried, has the effect that all debate on the substantive motion or amendment ceases\nimmediately, but is to continue at the meeting, and at the time, stated in the motion.\n(2) If a motion “that the item be adjourned” is carried at a meeting—\n(a) the name of each member who has spoken on the item before the adjournment is to be\nrecorded in the minutes; and\n(b) clause 8.10 is to apply when the debate on the item is resumed.\n11.6 Meeting now adjourn\n(1) A member is not to move or second more than one motion of adjournment during the same\nmeeting.\n(2) Before putting the motion for the adjournment, the presiding member may seek leave of the\nmeeting to deal first with matters that may be the subject of an adoption by exception resolution (see\nclause 5.6).\n(3) A motion “that the meeting now adjourn”—\n(a) is to state the time and date to which the meeting is to be adjourned; and\n(b) if carried, has the effect that the meeting is adjourned to the time and date specified in the\nmotion.\n(4) The Council or a committee may adjourn any meeting—\n(a) to a later time on the same day; or\n(b) to any other time on any other day, including a time which coincides with the conclusion of\nanother meeting or event.\n(5) A meeting adjourned under subclause (3)—\n(a) is to continue from the point at which it was adjourned, unless the presiding member or the\nmeeting determines otherwise; and\n(b) in case of a Council meeting—\n(i) the name of each member who has spoken on any item that is adjourned is to be\nrecorded in the minutes; and\n(ii) clause 8.10 is to apply when the debate on that item is resumed.\n\n4 April 2018 GOVERNMENT GAZETTE, WA 1201\n11.7 Motion to be put\n(1) If the motion “that the motion be now put”, is carried during debate on a substantive motion\nwithout amendment, the presiding member is to offer the right of reply and then put the motion to\nthe vote without further debate.\n(2) If the motion “that the motion be now put” is carried during discussion of an amendment, the\npresiding member is to offer the right of reply in relation to the amendment and then put the\namendment to the vote without further debate.\n(3) If the motion “that the motion be now put” is lost, the debate is to continue.\n11.8 Member to be no longer heard\nIf the motion “that the member be no longer heard” is carried, the speaker against whom the motion\nhas been moved cannot speak further on the current substantive motion, or any amendment relating\nto it, except to exercise the right of reply if he or she is the mover of the substantive motion or\namendment.\n11.9 Ruling of the presiding member to be disagreed with\nIf the motion “that the ruling of the presiding member be disagreed with” is carried, that ruling is to\nhave no effect and the meeting is to proceed accordingly.\nPART 12—DISCLOSURE OF INTERESTS\n12.1 Disclosure of interests\nThe requirements for members and employees to disclose financial and other interests, the nature of\nthe interests that must be disclosed, and related matters are dealt with in the Act, the Administration\nRegulations, the Rules of Conduct Regulations and the Code of Conduct.\n12.2 Separation of committee recommendations\nWhere, at a committee meeting—\n(a) a member discloses a financial interest in a matter; and\n(b) the matter is included in the recommendations (or part of the recommendations) of the\ncommittee to a Council or committee meeting that will or may be attended by the member,\nthe agenda of that Council or committee meeting is to separate the relevant recommendation (or the\nrelevant part of the recommendation) from other recommendations of the committee.\nPART 13—VOTING\n13.1 Motion—when put\n(1) Immediately after the debate on any motion is concluded and the right of reply has been exercised,\nthe presiding member—\n(a) is to put the motion to the meeting; and\n(b) if requested by any member, is to again state the terms of the motion.\n(2) A member is not to leave the meeting when the presiding member is putting any motion.\n13.2 Voting\nVoting is dealt with in the Act and the Administration Regulations.\n13.3 Majorities required for decisions\nThe majorities required for decisions of the Council and committees are dealt with in the Act.\n13.4 Method of taking vote\n(1) In taking the vote on any motion the presiding member—\n(a) is to put the motion, first in the affirmative, and then in the negative;\n(b) may put the motion in this way as often as may be necessary to enable him or her to\ndetermine whether the affirmative or the negative has the majority of votes;\n(c) is to count and determine the votes of members in any way (such as electronically or by a\nshow of hands) that enables a record to be taken of each member’s vote; and\n(d) subject to this clause, is to declare the result.\n(2) The CEO is to ensure that the minutes record whether or not the motion is carried unanimously,\nand if the motion is not carried unanimously—\n(a) the name of each member who voted; and\n(b) whether he or she voted in the affirmative or negative.\nPART 14—MINUTES OF MEETINGS\n14.1 Keeping of minutes\nThe keeping and confirmation of minutes are dealt with in the Act.\n14.2 Content of minutes\nThe content of minutes is dealt with in the Administration Regulations.\n\n1202 GOVERNMENT GAZETTE, WA 4 April 2018\n14.3 Public inspection of unconfirmed minutes\nThe public inspection of unconfirmed minutes is dealt with in the Administration Regulations.\n14.4 Confirmation of minutes\n(1) If a member is dissatisfied with the accuracy of the draft minutes, he or she is to provide to the\nCEO a written copy of the alternative wording to amend the draft minutes no later than 3 clear\nbusiness days before the meeting where the minutes are to be confirmed.\n(2) At that meeting, during the item dealing with the confirmation of minutes, the member who\nprovided the alternative wording—\n(a) is to state the item or items with which he or she is dissatisfied; and\n(b) is to propose a motion clearly outlining the alternative wording to amend the minutes.\nPART 15—REVOKING OR CHANGING DECISIONS\n15.1 Requirements to revoke or change decisions\nThe requirements to revoke or change a decision made at a meeting are dealt with in regulation 10 of\nthe Administration Regulations.\nPART 16—SUSPENSION OF STANDING ORDERS\n16.1 Suspension of standing orders\n(1) A member may at any time move that the operation of one or more of these standing orders be\nsuspended.\n(2) A motion under subclause (1) which is seconded and carried is to suspend the operation of the\nstanding order or orders to which the motion relates for the duration of the meeting or such other part\nof the meeting specified in the motion, unless the meeting earlier resolves otherwise.\n16.2 Where standing orders do not apply\n(1) In situations where—\n(a) one or more of these standing orders have been suspended; or\n(b) a matter is not regulated by the Act, the Administration Regulations or this local law, the\npresiding member is to decide questions relating to the conduct of the meeting.\n(2) The decision of the presiding member under subclause (1) is final, except where a motion is moved\nand carried under clause 11.9.\nPART 17—MEETINGS OF ELECTORS\n17.1 Electors’ general meetings\nElectors’ general meetings are dealt with in the Act.\n17.2 Matters for discussion at electors’ general meetings\nThe matters to be discussed at electors’ general meetings are dealt with in the Administration\nRegulations.\n17.3 Electors’ special meetings\nElectors’ special meetings are dealt with in the Act.\n17.4 Requests for electors’ special meetings\nRequests for electors’ special meetings are dealt with in the Administration Regulations.\n17.5 Convening electors’ meetings\nConvening electors’ meetings is dealt with in the Act.\n17.6 Who presides at electors’ meetings\nWho presides at electors’ meetings is dealt with in the Act.\n17.7 Procedure for electors’ meetings\n(1) The procedure for electors’ meetings is dealt with in the Act and the Administration Regulations.\n(2) In exercising his or her discretion to determine the procedure to be followed at an electors’\nmeeting, the presiding member is to have regard to this local law.\n17.8 Participation of non-electors\nA person who is not an elector of the City must not take part in any discussion at an electors’ meeting\nunless the meeting, by resolution, permits the person do so.\n17.9 Voting at electors’ meetings\nVoting at electors’ meetings is dealt with in the Administration Regulations.\n17.10 Minutes of electors’ meetings\nMinutes of electors’ meetings are dealt with in the Act.\n17.11 Decisions made at electors’ meetings\nDecisions made at electors’ meetings are dealt with in the Act.\n\n4 April 2018 GOVERNMENT GAZETTE, WA 1203\nPART 18—ENFORCEMENT\n18.1 Penalty for breach\nA person who breaches a provision of this local law commits an offence. Penalty—$5,000.00 and a\ndaily penalty of $500.00.\n18.2 Who can prosecute\nWho can prosecute is dealt with in the Act.\n————\nDated: 14 March 2018.\nThe Common Seal of the City of Busselton was affixed by the authority of a resolution of Council in\nthe presence of—\nGRANT DOUGLAS HENLEY, Mayor.\nMICHAEL S. L. ARCHER, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The local law remains a procedural instrument limited to the conduct of Council, committee and electors’ meetings (see cl.1.3). It repeals the 2010 standing orders (cl.1.5) but does not, on its face, expand the substantive powers of the Council beyond those in the Local Government Act and Administration Regulations; its scope is to regulate meeting procedure, public participation and enforcement of those procedures."},"complexity_factors":["Extensive cross‑referencing to the Local Government Act 1995 and the Local Government (Administration) Regulations, creating interpretative dependence (see cl.1.3, cl.1.4 and multiple Parts referencing the Act/Administration Regulations).","Large number of detailed procedural rules and permutations governing motions, amendments, procedural motions, debate order and foreshadowing (Parts 10–11), increasing operational complexity for meeting chairs and members.","Significant discretionary powers vested in the presiding member and the CEO (e.g. urgency/notice periods cl.3.3(3), agenda inclusions cl.5.2(3), closure of meetings cl.6.2), which require judgement and create variability in application.","Detailed public participation and exclusion rules (Part 6) with procedural steps (questions on notice, petitions, deputations) that create administrative obligations and evidence‑keeping requirements.","Interplay between committee delegation, reporting requirements and separation of recommendations versus Council decisions (Part 2, cl.2.10; cl.12.2) requiring careful agenda management.","Record‑keeping and transparency obligations (quorum recording cl.4.13, minutes cl.14.2–14.4, voting records cl.13.4) impose recurring administrative compliance costs.","Enforcement exposure: a specified monetary penalty and daily fine for breaches (cl.18.1), which raises legal consequence and compliance risk."],"plain_english_summary":"These standing orders set the procedural rules for City of Busselton council, committee and electors’ meetings, prescribing agendas, speaking and voting rules, public participation, committee operations, and penalties for breach (see cl.1.3, Parts 5–6, 10, 18). They affect elected members, the CEO and employees, and members of the public who attend meetings by allocating decision‑making authority (presiding member/CEO), imposing compliance duties, and setting enforcement penalties."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This local law appears to be a standard, comprehensive standing orders instrument for a Western Australian local government. It covers the expected range of meeting procedures from committee establishment through to enforcement. While detailed, it does not appear to have expanded beyond the traditional scope of a standing orders local law, which is to regulate the conduct of council meetings and electors' meetings under the Local Government Act 1995 framework."},"complexity_factors":["Extensive cross-referencing to external legislation (Local Government Act 1995, Administration Regulations, Rules of Conduct Regulations) — many clauses simply defer to these instruments rather than stating the rule directly","18 Parts with 80+ individual clauses, creating a lengthy and detailed procedural framework","Multiple defined terms in section 1.4 (15+ definitions) including technical voting thresholds ('absolute majority', '75% majority', 'special majority', 'simple majority')","Nested conditional logic for procedural motions (Part 11) with specific restrictions on who can move what and when","Complex amendment rules (Part 10) limiting number of amendments (max 3 unless presiding member permits more), sequencing requirements, and restrictions on negating original motions","Detailed exceptions for speaking rights (clause 8.10) and when they apply to committees vs Council","Specific time limits and procedural requirements for public participation (petitions, deputations, presentations) with multiple qualifying conditions","Interaction between standing orders and suspension mechanisms (Part 16) creating dual procedural tracks"],"plain_english_summary":"The City of Busselton Standing Orders Local Law 2018 is the council’s rulebook for running meetings—covering how meetings and committees are called and chaired, public participation, debate, voting, confidential business, and electors’ meetings. It governs councillors, the Mayor/Deputy, staff, committee members and members of the public who attend or speak. It matters because it enforces order, fairness, transparency and proper handling of conflicts and confidential information."}},"importantCases":[],"_links":{"self":"/api/acts/busselton-city-of-standing-orders-local-law-2018","history":"/api/acts/busselton-city-of-standing-orders-local-law-2018/history","analysis":"/api/acts/busselton-city-of-standing-orders-local-law-2018/analysis","conflicts":"/api/acts/busselton-city-of-standing-orders-local-law-2018/conflicts","importantCases":"/api/acts/busselton-city-of-standing-orders-local-law-2018/important-cases","documents":"/api/acts/busselton-city-of-standing-orders-local-law-2018/documents"}}