{"id":"wa-local:cockburn-city-of-city-of-cockburn-standing-orders-local-law-2016","name":"City of Cockburn Standing Orders Local Law 2016","slug":"city-of-cockburn-standing-orders-local-law-2016","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437640,"registerId":"wa-local:cockburn-city-of-city-of-cockburn-standing-orders-local-law-2016-pdf-1775954414401","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"PRELIMINARY","content":"PART 1—PRELIMINARY\n1.1 Short Title\nIn the clauses to follow, The City of Cockburn Standing Orders Local Law 2016 is referred to as “this\nlocal law”.\n1.2 Application\nThe proceedings and business of the Council must be conducted according to this local law.\n1.3 Interpretation\nIn this local law, unless the context otherwise requires—\nabsolute majority means a majority comprising enough of the members for the time being of the\ncouncil for their number to be more than 50% of the number of offices (whether vacant or not)\nof member of the Council;\nAct means the Local Government Act 1995;\nagenda paper in relation to any proposed meeting means a paper setting out the terms of\nbusiness to be transacted at the meeting and the order of that business;\nbusiness papers in relation to any proposed meeting means the agenda paper for that meeting\nand details relating to any other business for the proposed meeting;\nCEO means the Chief Executive Officer of the City of Cockburn;\ncommittee means any committee appointed in accordance with the provisions of Part 5\nDivision 2, subdivision 2 of the Act;\nCouncil means the Council of the City of Cockburn;\ncouncillor means a council member of the City of Cockburn excluding the Mayor;\nlocal government means the City of Cockburn;\nMayor unless the context otherwise requires, means the Mayor elected by the electors of the\ndistrict;\nmeeting includes any ordinary or special meeting of the Council or of a committee held pursuant\nto the Act;\nmember means the Mayor or any councillor;\nminor amendment in relation to a motion to amend another motion (“the primary motion”) shall\nbe one which does not alter the primary or basic intent of the primary motion as determined\nby the person presiding at the meeting;\nnegatived motion means a motion which, having been voted upon, is declared as lost;\nOfficer means an officer of the local government;\nordinary meeting has the meaning given to that term in clause 2.2;\npresiding member means the presiding member of a meeting or the deputy presiding member,\nor a member when performing a function of the presiding member in accordance with the Act;\nprocedural motion means a motion as described in clause 11.1;\nrecommendation refers to the recommended outcome on any item presented to a Council or\ncommittee meeting for consideration or a recommended outcome forwarded by a committee\nfor Council consideration;\nRegulation means the Local Government (Administration) Regulations 1996;\nsimple majority is more than 50% of the members present and voting;\n\n4076 GOVERNMENT GAZETTE, WA 22 September 2016\nspecial majority means a majority comprising enough of the members for the time being of the\ncouncil for their number to more than 75% of the number of offices (whether vacant or not) of\nmember of the council;\nspecial meeting has the meaning given to that term in clause 2.2;\nsubstantive motion means an original motion or an original motion as amended, but does not\ninclude an amendment or a procedural motion; and\nurgent business means business dealt with in accordance with the provisions of clause 4.11.\n1.4 Repeal\n“The City of Cockburn Standing Orders Local Law as published in the Government Gazette on\n","sortOrder":0},{"sectionNumber":"10","sectionType":"section","heading":"August 1999 and as amended on 24 October 2000, 30 August 2002 and 18 November 2005 is","content":"10 August 1999 and as amended on 24 October 2000, 30 August 2002 and 18 November 2005 is\nrepealed”.\n","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"MEETINGS OF COUNCIL","content":"PART 2—MEETINGS OF COUNCIL\n2.1 Mayor to Preside\nSubject to the Act the Mayor, or if the Mayor is not available or is unable or unwilling the Deputy\nMayor, or if the Deputy Mayor is not available or is unable or unwilling a councillor chosen by the\ncouncillors present, shall preside at any meeting of the Council\n2.2 Kind of Meeting and Calling of Meeting\n(1) Meetings of the Council shall be of 2 kinds, “ordinary” and “special”.\n(a) Ordinary meetings are those called under subclause 5.5(1) of the Act at such place and at\nsuch times as the Council, from time to time, appoints for the transaction of the ordinary\nbusiness of the Council.\n(b) Special meetings are those called under subclause 5.5(2) of the Act to consider Council\nbusiness which is urgent, complex, for a particular purpose or confidential, the nature of\nwhich shall be specified in the notice convening the meeting. Subject to the provisions of the\nAct and this local law relating to the rescission or alteration of a resolution, no business shall\nbe transacted at a special meeting other than that for which the special meeting has been\ncalled.\n2.3 Calling Council Meetings\nAn ordinary or special meeting of council is to be held—\n(a) if called for by either;\n(i) the mayor; or\n(ii) at least ⅓ of the councillors,\nin a notice to the CEO setting out the date and purpose of the proposed meeting; or\n(b) if so decided by the Council.\n2.4 Notice of Ordinary Meeting\n(1) Notice of an ordinary meeting of the Council shall be given to members by the CEO, and shall\nstate the date, time, and place of holding the meeting. The notice shall be given to each of the\nmembers together with a copy of the Agenda and business papers at least 72 hours before the time of\nthe commencement of the meeting.\n(2) The business papers for an ordinary meeting of the Council shall be made available for inspection\nby a ratepayer or elector of the local government during office hours at the office of the Local\ngovernment from the time of service of the business papers on members.\n2.5 Convening of Special Meeting\n(1) The CEO is to convene a special meeting by giving each member notice, before the meeting, of the\ndate, time, place and purpose of the meeting.\n(2) Notice to convene a special meeting may be given at any time prior to the time of the meeting\ngiven in the notice.\n(3) Notice to convene a special meeting should be given in writing if the time available for giving\nnotice and the circumstances permit.\n2.6 Notice of Adjourned Meeting\nWhen a meeting of the Council is adjourned by Council to a day and hour other than the next\nordinary meeting of the Council, notice of the adjourned meeting shall, if time permits, made in line\nwith the notice requirements of the Act for an ordinary meeting.\n2.7 Notices\n(1) Where this local law provides for a notice or any other paper or thing to be given or delivered to or\nserved upon a member, unless the context or the Act otherwise require, the notice, paper or thing may\nbe—\n(a) delivered to the member personally or to the member’s ordinary residence or other designated\nplace in Western Australia within the minimum time stipulated; or\n(b) sent by means of electronic transmission as may be operable from time to time or posted to\nthe ordinary residence or the usual place of business (if any) of the member.\n\n22 September 2016 GOVERNMENT GAZETTE, WA 4077\n(2) Where the notice, paper or thing is sent—\n(a) by delivery to the ordinary residence or other designated place or by electronic transmission,\nit shall be considered to have been given, delivered or served at the time of delivery or\ntransmission; or\n(b) by post, it shall be considered to have been given, delivered or served within the time\nstipulated if it is posted by prepaid post to the member’s ordinary residence or other\ndesignated place in Western Australia not less than 5 Council working days before expiration\nof the minimum time stipulated.\n","sortOrder":2},{"sectionNumber":"Part 3","sectionType":"part","heading":"QUORUM","content":"PART 3—QUORUM\n3.1 Number Required For Quorum\n(1) The quorum for a meeting of a Council or committee is at least 50% of the number of offices\n(whether vacant or not) of member of the Council or a committee.\n(2) The Minister may reduce the number of offices of member required for a quorum at a Council\nmeeting specified by the Minister if there would not otherwise be a quorum for the meeting.\n(3) The Minister may reduce the number of offices of member required at a Council meeting to make a\ndecision specified by the Minister if the decision is one which would otherwise be required to be made\nby an absolute majority and a sufficient number of members would not otherwise be present or able to\nvote at the meeting.\n3.2 Quorum Must Be Present\n(1) The Council shall not transact business at a meeting unless a quorum is present.\n(2) Subject to the provisions of clause 3.2(3) every meeting shall proceed to business at the date and\ntime appointed in the notice of meeting.\n(3) If at the expiration of half an hour from the time fixed for the commencement of a meeting of the\nCouncil a quorum is not present, the Mayor or in the Mayor’s absence, the Deputy Mayor, or in the\nDeputy Mayor’s absence, the majority of councillors present, or any councillor present alone, or in the\nabsence of the Mayor and all the councillors, the CEO or a person authorised by the CEO, may\nadjourn the meeting to some future time or date. Business which could have been transacted had\nthere been a quorum at the meeting may be transacted at the resumption of the adjourned meeting or\nat the next ordinary meeting if that occurs first. If the business is transacted at the next ordinary\nmeeting the adjourned meeting shall lapse.\n3.3 Loss of Quorum During Meeting\n(1) Count Out\nIf at any time during a meeting of the Council a quorum is not present, the Mayor upon becoming\naware of that fact shall thereupon suspend the proceedings of the meeting for a period of 10 minutes\nand if a quorum is not present at the expiration of that period, the meeting shall be deemed to have\nbeen counted out, and the Mayor shall adjourn it to some future time or date and time.\n(2) Debate on Motion to be Resumed\nWhere the debate on any motion is interrupted by the Council being counted out, that debate shall be\nresumed at the next meeting at the point where it was so interrupted. Where the interruption occurs\nat an ordinary meeting the resumption shall be at the next ordinary meeting unless a special meeting\nis called earlier for the purpose. Where the interruption is at a special meeting, the resumption shall\nbe at the next special meeting called to consider the same business or at the next ordinary meeting if\nit occurs before a special meeting can be called.\n3.4 Names to Be Recorded\nAt any meeting at which there is not a quorum of members present, or at which the Council is\ncounted out for want of a quorum, the names of the members then present shall be recorded in the\nMinute Book.\n","sortOrder":3},{"sectionNumber":"Part 4","sectionType":"part","heading":"BUSINESS OF THE MEETING","content":"PART 4—BUSINESS OF THE MEETING\n4.1 Business at Ordinary Meeting\nThe order of business at an ordinary meeting of the Council shall, unless for the greater convenience\nof the Council, altered by resolution to that effect, be nearly as practicable to the order, as detailed in\nclause 4.2.\n4.2 Order of Business\n(1) Declaration of Opening.\n(2) Appointment of presiding member (if required).\n(3) Disclaimer (to be read aloud by presiding member).\n(4) Acknowledgement of receipt of written declarations of financial interests and conflicts of interest\n(by presiding member).\n(5) Apologies and leave of absence.\n(6) Written requests for leave of absence\n(7) Response to previous public questions taken on notice.\n(8) Public question time.\n\n4078 GOVERNMENT GAZETTE, WA 22 September 2016\n(9) Confirmation of minutes.\n(10) Deputations.\n(11) Petitions.\n(12) Business left over from previous meeting (if adjourned).\n(13) Declaration by members who have not given due consideration to matters contained in the\nbusiness paper presented before the meeting.\n(14) Council matters.\n(15) Planning and Development Division issues.\n(16) Finance and Corporate Services Division issues.\n(17) Engineering and Works Division issues.\n(18) Community Services Division issues.\n(19) Executive Division issues.\n(20) Motions of which previous notice has been given.\n(21) Notices of motion given at the meeting for consideration at next meeting.\n(22) New business of an urgent nature introduced by Members or Officers.\n(23) Matters to be noted for investigation, without debate.\n(24) Confidential business.\n(25) Resolution of compliance\n(26) Closure of meeting.\n4.3 Order of Business at Special Meeting\nThe order of business at any special meeting of the Council shall be the order in which that business\nstands in the notice of the meeting.\n4.4 Public Question Time\n(1) Public Question Time\n1. Fifteen minutes shall be allocated for questions to be raised by members of the public and\nresponded to at—\n(a) every ordinary meeting of the Council;\n(b) every special meeting of the Council as related to the purpose of the meeting;\n(c) every meeting of a committee to which the Council has delegated a power or duty; and\n(d) every other meeting prescribed for the purpose of clause 5.24(1) of the Act.\n2. The Presiding Member may extend the time, subject to time constraints or limitations\nimposed by the presiding member.\n3. Once all the questions raised by members of the public have been presented and responded to\nat a meeting, any unused portion of the time period may be used for other matters.\n4. Each member of the public who wishes to raise a question or questions at a meeting referred\nto in clause (1) shall be given equal and fair opportunity to raise the question or questions\nand receive a response, subject to time constraints or limitations imposed by the presiding\nmember or otherwise by resolution of the meeting.\n5. In addition to raising a question or questions without notice at meetings, a member of the\npublic wishing to raise a question or questions may register that interest by notification in\nwriting to the CEO in advance, setting out the text or substance of the question or questions.\nThe order in which registrations of interest are received by the CEO shall determine the\norder of questions to be raised unless the presiding member determines otherwise. Persons\nsubmitting questions to be raised pursuant to this clause shall be invited by the presiding\nmember to present their question or questions at the beginning of this session. If the person\nis not present at the time, the matter shall lapse and any response prepared forwarded to the\nperson in writing\n6. A member of the public having raised a question or questions shall return to a seat in the\ngallery unless otherwise directed by the presiding member at the meeting.\n7. Subclause (4) only requires the Council or committee to answer a question that relates to a\nmatter affecting the local government, with priority being given to items listed on the\nmeeting agenda paper being considered.\n8. Subject to the procedural matters previously set out in this subclause, the procedures for the\nraising of and responding to questions raised by members of the public at a meeting referred\nto in subclause (1) are to be determined—\n(a) by the presiding member at the meeting; or\n(b) in the case where the majority of members present at the meeting disagree with the\npresiding member, by the majority of these members.\n9. Every reasonable effort should be made to provide a substantive response to a question or\nquestions raised by a member of the public, but if the meeting is unable to provide an\ninformative response to the whole of the issue, it may—\n(a) respond to that part (if any) for which it has a substantive response; or\n(b) respond otherwise that the response or part to which no substantive response has been\nsupplied will be responded to substantively in a manner and at a time indicated.\n\n22 September 2016 GOVERNMENT GAZETTE, WA 4079\n(2) Questions and Answers to be Brief\nAll questions and answers shall be given as briefly and concisely as possible, and no discussion shall\nbe allowed thereon. Questions requiring a written response shall be taken on notice and responded to\nas soon as practicable thereafter. Action taken shall be noted on the order of business at the following\nordinary meeting of the Council in relation to written responses taken on notice.\n(3) Questions Not to Involve Bad Language, Argument or Opinion, or Adverse Reflection on\nIntegrity of any Member or Employee\n1. In submitting any questions, no bad language, argument or expression of opinion shall be\nused or offered, nor any facts stated except so far as may be necessary to explain the issue.\nThe presiding member may modify a question to make it comply with this subclause.\n2. Questions shall not contain any statement reflecting adversely on the integrity of any\nmember or employee.\n3. If in the opinion of a member, false information or any adverse reflection is contained in any\nquestion or questions raised, then through the presiding member, the member may offer\ncomment by way of correction.\n(4) No Discussion on Questions\nSubject to clause (3) of the preceding subclause, no discussion or further questions shall be allowed on\nany question or the response thereto.\n4.5 Minutes\n(1) Confirmation of Minutes\n1. The minutes of a meeting of the Council, whether of an ordinary or a special meeting, shall be\nsubmitted to the next ordinary meeting of the Council for confirmation as a true and accurate\nrecord, subject to time constraints associated with preparation of the meeting agenda.\n2. The minutes of a meeting of a committee shall be submitted to the next meeting of the\ncommittee for confirmation.\n3. Discussion of any minutes other than discussion as to their accuracy as a record of\nproceedings shall not be permitted, and when confirmed the minutes shall thereupon be\nsigned and certified by the Mayor in the case of Council minutes or by the presiding member\nin the case of a committee. In addition, that person shall initial each page of the minutes.\n(2) Keeping of Minutes\n1. Minutes may be pasted or otherwise permanently affixed to or as the leaves of a book which\nmay be known as the “Minute Book”.\n2. Minutes may be otherwise kept in the records of the local government in a manner which\nensures that they are permanently and securely recorded, and available for inspection,\ncopying, and production in evidence in any court. Such record of the minutes may be referred\nto as “Minute Book”, whether it is in book form or not.\n(3) Content of Minutes\nThe content of minutes of a meeting of the Council or a committee is to include the matters contained\nin regulation 11 of the Regulations.\n(4) Preservation of Minutes\nMinutes including the agenda of each Council and committee meeting are to be kept as a permanent\nrecord of the activities of the local government and are to be transferred to the Public Records Office,\nbeing a directorate of the Library and Information Service of Western Australia, in accordance with\nDA 2015-001—General Disposal Authority for Local Government Records..\n4.6 Petitions\n(1) Every petition shall be respectful and temperate in its language and shall be presented to the\nCouncil or CEO by a member who shall acquaint himself or herself with the contents thereof and\nascertain that it does not contain language disrespectful to the local government.\nIn addition, any individual may present a petition in the form mentioned in clause (2) direct to the\nCEO who shall inform the Mayor and councillors of the content of the petition and any action taken in\nresponse to the subject matter contained in the petition.\n(2) A petition must—\n(a) contain on each page, the subject of the petition;\n(b) contain the name, address and signature of each petitioner; and\n(c) have the name of the person who lodged the petition with the local government shown at the\ntop of the front page thereof but need not otherwise be in any particular form.\n(3) On the presentation of a petition, the member presenting it shall be confined to reading the\npetition, and the only motions that are in order are that the petition be received and if necessary that\nit be referred for an officer’s report.\n4.7 Deputations\n(1) Any person or persons wishing to be received as a deputation by Council shall, in the first\ninstance, send to the CEO a written request, setting out the subject matter to be raised by the\ndeputation in concise terms, but nevertheless in sufficient detail to enable the Council to have a\ngeneral understanding of the purpose of the deputation.\n\n4080 GOVERNMENT GAZETTE, WA 22 September 2016\n(2) Where the CEO receives a request in terms of the preceding subclause but not otherwise, the CEO\nshall—\n(a) refer it to the presiding member of the appropriate meeting,\n(b) give a written precis of the request to the presiding member;\n(c) recommend, with a-written explanation, whether or not the deputation should be received;\nand\n(d) request written advice from the presiding member within a stated time whether or not he or\nshe considers the deputation should be received.\n(3) In the event that the presiding member indicates agreement, the person or persons wishing to be\nreceived as a deputation shall be invited to meet the Council at its next meeting or another meeting\nat which the subject matter is to be considered.\n(4) A deputation shall not exceed 10 minutes in length and will consist of no more than 5 in number\nand only 2 thereof shall be at liberty to address the Council except in reply to questions from\nmembers to be raised through the presiding member.\n(5) A Council shall not make a resolution arising from the subject of a deputation at the meeting at\nwhich the deputation is received unless the matter is the subject of an officer report contained in the\nbusiness papers of the meeting.\n4.8 Business at Adjourned Meeting\nAt an adjourned meeting of the Council no business shall be transacted other than that specified in\nthe notice of the meeting of which it is an adjournment, and which remains indisposed of, save and\nexcept in the case of an adjournment to the next ordinary meeting of the Council, when the business\nundisposed of at the adjourned meeting shall have the precedence at such ordinary meeting.\n4.9 Declaration of Due Consideration\nAny member who is not familiar with the substance of any report, minutes or other information\nprovided for consideration at a meeting shall declare that fact at the time declarations of due\nconsideration are called for in the order of business of the meeting.\n4.10 Notices of Motion\n(1) Giving Notice of Motion\n(a) A member may have business included in the agenda of a meeting by forwarding a notice of\nmotion in writing to the CEO.\n(b) The notice of motion must include a draft version of the motion proposed to be moved by the\nmember.\n(c) The notice of motion must be accompanied by sufficient information to enable an officer’s\nreport to be prepared and included in the agenda of the meeting at which Council will\nconsider the motion.\n(d) Except in the case of a special meeting of the Council, the notice of motion must be given—\n(1) at least 14 clear days before the meeting at which it is considered; or\n(2) at the previous Council meeting, and is to be read at Agenda Item 21 of the order of\nbusiness.\n(2) Amendment of Notices\nThe CEO may on his or her own initiative make such amendments to the form of the motion, but not\nits substance, so as, to bring the motion into proper form.\n(3) Motion to Lapse\nSubject to the provisions of clause 16.12, any motion of which notice has been given pursuant to\nclause 4.10 lapses unless—\n(a) the member who provided the notice, or some other member authorised by the member in\nwriting, is present to move the motion when called on; or\n(b) the Council on a motion agrees to defer consideration of the motion to a later stage of the\nmeeting or date.\n(4) Dealing with Lapsed Motion\n(a) If a notice of motion is given and lapses in the circumstances referred to in the preceding\nsubclause, notice of motion in the same terms or to the same effect may be given for\nconsideration at a subsequent meeting of the Council.\n(b) If a motion lapses and is in the same terms or to the same effect as a motion which lapsed at\na previous meeting of the Council, the Council shall not entertain a motion in the same terms\nor to the same effect at a subsequent meeting until at least 3 months have elapsed from the\ndate of the meeting at which the motion last lapsed. This provision shall not apply to motions\nto rescind or alter a resolution and to which clause 22.3 applies.\n(5) Amendments to Notice of Motion\n(a) An amendment to a motion of which notice has been given pursuant to clause 4.10(1), other\nthan a minor amendment, must not be considered at a meeting unless notice in writing of the\namendment is received by the CEO no later than 10am on the day of the meeting at which\nthe motion is to be considered.\n\n22 September 2016 GOVERNMENT GAZETTE, WA 4081\n(b) In accordance with the procedures for debate of motions under Part 10 of this local law, a\nmotion of which notice has been given pursuant to clause 4.10(1) is not considered to have\nbeen moved until a member has stated the motion at the relevant Council meeting.\n(c) The Mayor shall decide whether any amendment moved without notice given in accordance\nwith the preceding clauses of this subclause is a minor amendment, but the Council may\ndissent from the Mayor’s ruling in accordance with the provisions of clause 10.15(3).\n(d) No amendment to a motion can be moved which negates the original motion or the intent of\nthe original motion.\n4.11 Urgent Business\n(1) When Introduced\nA member may move a motion involving urgent business that is not included in the agenda paper for\nthat meeting provided that—\n(a) the presiding member at the meeting has requested the member to move the motion or has\nfirst consented to the business being raised having taken due regard to;\n(i) the urgency of the business is such that the business cannot await inclusion in the\nagenda paper for the next meeting of the Council; or\n(ii) if the business was to be deferred to the next meeting, such delay could result in legal\nor financial implications to the local government; or\n(b) the business could not normally be dealt with by an officer of Council during Council office\nhours.\n(2) When Absolute Majority Required\nIf at an ordinary meeting a member objects that a motion introduced as urgent business and moved\nwithout notice does not deal with urgent ordinary business within the meaning of that term in clause\n4.11(a)(i) or (ii) of this local law, the motion shall be of no effect unless it is agreed to at the meeting\nby an absolute majority of the Council.\n(3) Items Decided Under Delegated Authority\nItems dealt with by officers under the delegated authority of Council, will only be permitted for\naddition to an agenda of Council, following the matter being discussed by a member at the request of\na third party, with the appropriate staff member responsible for the delegation and no agreeable\nresolution being forthcoming from those discussions.\n4.12 Matters Received in Writing to be Noted for Investigation, Without Debate\n(1) When Introduced\nA member seeking to have a matter related to the functions of the local government investigated may\ndo so in the following manner—\n1. Forward a written request clearly domiciled “Matter for Investigation Without Debate” to the\nCEO, by no later than 10.00am on the day of the Ordinary Council Meeting.\n2. The request is to contain sufficient details of the matter to enable a clear understanding of\nthe topic and any outcomes expected.\n3. Subject to the request complying with the requirements of sub-clauses 1 and 2 above, the\nCEO shall ensure a listing of requests received pursuant to these provisions is reported to\nmembers as part of the next scheduled ordinary Council meeting process.\n4. Matters for Investigation Without Debate received in accordance with these requirements are\nto be listed in the Minutes of the Council Meeting under this heading and upon being listed,\nshall be referred to an appropriate staff member for research and a subsequent response to be\nprepared for consideration by Council.\n5. Officer Reports prepared in response to Matters for Investigation Without Debate will\nsubsequently appear on the Council Agenda under this heading and all outstanding Matters\nfor Investigation Without Debate will remain on the record of Agendas and Minutes under\nthis heading until addressed in an Officer Report and formally considered at a Council\nMeeting, after which time they will be removed.\n4.13 Confidential Business\n(1) Obligation of Confidentiality\nEvery matter dealt with by, or brought before the Council sitting otherwise than with open doors,\nshall be treated as strictly confidential by members and officers.\n(2) CEO Restricting Documents\nAny report, correspondence or other document which is to be placed before the Council and which in\nthe opinion of the CEO is of a confidential nature may at the CEO’s discretion be marked as such and\nshall then be treated as strictly confidential by members and officers.\n(3) Non-disclosure of Matters or Documents which are Strictly Confidential\nNo person, without the authority of the Council, is to disclose any matter or any report,\ncorrespondence or other document, which is treated as strictly confidential under the terms of\nsubclause (1) or subclause (2), to any person other than the Mayor, any Councillor or any employee of\nthe local government (and in the case of employees, only so far as may be necessary for the\nperformance of their duties). The confidentiality of any matter under the provisions of subclause (1)\nceases upon that matter being discussed at a meeting of the Council held with open doors.\n\n4082 GOVERNMENT GAZETTE, WA 22 September 2016\n(4) Freedom of Information Act 1992 and Discovery\nThe provisions of this clause 4.13 do not apply to restrict access to documents the local government\nmight otherwise be required to give under the Freedom of Information Act 1992, or under the\ndiscovery processes of any Court, Tribunal or Commission, or under a subpoena duces tecum, or\npursuant to a lawful direction, order or request of an Inquiry under Part 8 of the Act.\n(5) Committees\nNotwithstanding clause 17.1, this clause 4.13 does not operate to authorise the disclosure of\nconfidential information or documents to a committee member other than the Mayor, or Councillor or\nany employee of the local government.\n4.14 Closure of Meeting\nShould a meeting of Council still be in progress 2 hours after the opening of the meeting, the\npresiding member shall request the meeting for an extension of time to enable the business of the\nmeeting which remains unresolved to be considered. A motion must be carried to this effect and\nstipulate a time up to a maximum extension of 1 further hour until which business of the meeting\nmay be considered, at which time the presiding member shall close the meeting, if still in progress,\nand any business remaining unresolved shall be adjourned and reconsidered to a day and time as\ndetermined by Council or at the next ordinary meeting of the Council.\n","sortOrder":4},{"sectionNumber":"Part 5","sectionType":"part","heading":"PUBLIC ACCESS TO AGENDA MATERIAL","content":"PART 5—PUBLIC ACCESS TO AGENDA MATERIAL\n5.1 Inspection Entitlement\nIn addition to information posted on the City of Cockburn website, members of the public have access\nto agenda material in the terms set out in regulation 14 of the Regulations and may inspect the\nmaterial at the City of Cockburn Administration Building or the Coolbellup, Spearwood and Success\nPublic Libraries on the Friday prior to each Ordinary Council Meeting.\n5.2 Confidentiality of Information Withheld\nA member of the Council or a committee or an employee of the Council in receipt of confidential\ninformation is not to disclose such information to any person other than a member of the Council or\nthe committee or an employee of the Council to the extent necessary for the purpose of carrying out\nhis or her duties.\nPenalty $5,000\n","sortOrder":5},{"sectionNumber":"Part 6","sectionType":"part","heading":"PRODUCTION OF DOCUMENTS","content":"PART 6—PRODUCTION OF DOCUMENTS\n6.1 Interpretations\nIn this clause—\n(a) the term document means a deed, book, report, paper or any other written material\nwhatsoever or any other recorded or stored information;\n(b) the term other thing means anything whatsoever other than a document as hereinbefore\ndefined, which relates to a matter or question under consideration or discussion by the\nCouncil or, by virtue of a notice of meeting given, to be considered or discussed by the Council;\nand\n(c) the term laid on the table means laid or deposited at a place within the local government’s\nadministrative building designated from time to time for that purpose by the CEO and at\nwhich place a tabled document or other thing may be perused or inspected by a member\nduring Council office hours or at other times on application to the CEO and inflections of that\nterm shall have a like meaning.\n6.2 Member May Require Production\nOn giving to the CEO not less than 4 hours’ notice, a member is entitled to have laid on the table a\ndocument or other thing which is under consideration by Council and the CEO on receiving that\nnotice shall lay the document on the table for a period of 24 hours, or as otherwise agreed,\ncommencing as soon as practicable after the receipt by the CEO of the notice.\n6.3 Circumstances in Which CEO to Comply\nThe CEO shall comply with a request made pursuant to clause 6.2 unless the CEO is of the opinion\nthat it would not be in order to do so in which case the CEO shall refer the request to the Mayor for\ndetermination, except in the case where the Mayor has made the request, in which circumstances the\nCEO shall refer the request to Council for determination.\n6.4 Mayor’s Ruling\nOn the reference to the Mayor of a request made by a councillor pursuant to clause 6.2 or 6.3 the\nMayor shall rule whether it is in order and accordingly whether it should be granted or refused and\nthe ruling is final but where the request is refused the CEO shall report the fact to the next meeting\nof Council.\n6.5 Access by Member to Tabled Documents\nWhen a document or other thing is laid on the table in accordance with this Part then that document\nor other thing may be perused or inspected by a member in the place designated at any time during\nCouncil’s office hours or at any other reasonable time on application to the CEO but the document or\nother thing shall not be copied or removed.\n\n22 September 2016 GOVERNMENT GAZETTE, WA 4083\n","sortOrder":6},{"sectionNumber":"Part 7","sectionType":"part","heading":"OPEN DOORS—EXCEPT AS PROVIDED","content":"PART 7—OPEN DOORS—EXCEPT AS PROVIDED\n7.1 General Obligation\nSubject to the provisions of clause 7.2 the business of the Council shall be conducted with open doors.\n7.2 Resolution To Close Doors\nThe Council may by resolution decide to conduct behind closed doors any business of a meeting\ndealing with any of the matters referred to in clause 5.23(2) of the Act.\n7.3 Persons to Leave Chamber\nUpon the carrying of a resolution referred to in clause 7.2 the Mayor shall direct all persons other\nthan councillors, the CEO and any other person nominated in the resolution to leave the Council\nchamber and every such person shall forthwith comply with the direction.\n7.4 Removal of Person by Order\nAny person who fails to comply with the direction made pursuant to clause 7.3 may, by order of the\nMayor, be removed from the Council chamber.\n7.5 Duration of Closure\n(1) After the carrying of a resolution referred to in clause 7.2 at a meeting, the business of that\nmeeting of the Council shall proceed behind closed doors, until the Council, by resolution, decides to\nproceed with open doors.\n(2) If the resolution was to conduct specified business behind closed doors the meeting shall revert to\nopen doors upon the completion of the specified business unless the Council resolves to do so earlier.\n7.6 Notice of Motion Not Required\nAny resolution mentioned in this clause may be moved without notice.\n7.7 Conduct of Business Behind Closed Doors\n(1) The following business may be conducted behind closed doors—\n(a) matters of a personal nature regarding the conduct in employment of an employee of the\nCouncil or the relationship or contract with the Council of an employee;\n(b) consideration of legal advice;\n(c) any matter which in the opinion of the person presiding at the meeting requires consideration\nof the personal private affairs of a person in circumstances likely to cause unreasonable\nembarrassment to that person if the consideration did not occur behind closed doors; and\n(d) a matter that if disclosed, could be reasonably expected to—\n(i) impair the effectiveness of any lawful method or procedure for preventing, detecting,\ninvestigating or dealing with any contravention or possible contravention of the law;\n(ii) endanger the security of the local government’s property; or\n(iii) prejudice the maintenance or enforcement of a lawful measure for protecting public\nsafety.\n(2) The Council may in any case resolve to conduct behind closed doors any other matter referred to in\nclause S5.23(2) of the Act.\n7.8 Recording Decision in Minutes\nA decision to close a meeting or part of a meeting and the reason for the decision shall be recorded in\nthe minutes of the meeting.\n","sortOrder":7},{"sectionNumber":"Part 8","sectionType":"part","heading":"CONDUCT OF PERSONS AT COUNCIL AND COMMITTEE MEETINGS","content":"PART 8—CONDUCT OF PERSONS AT COUNCIL AND COMMITTEE MEETINGS\n8.1 Official Titles to be Used\nMembers and employees of the Council are to speak of each other at Council meetings by their\nrespective titles.\n8.2 Leaving Meetings\nDuring the course of a meeting of the Council or a committee no member is to enter or leave the\nmeeting without first indicating to the presiding member, in order to facilitate the recording in the\nminutes of the time of their entry or departure.\n8.3 Adverse Reflection\n(1) No member of the Council is to reflect adversely during the meeting upon a decision of the Council,\nexcept on a motion that the decision be revoked or changed, unless the meeting resolves, without\ndebate, that the matter before the meeting cannot otherwise be adequately considered.\n(2) No member of the Council is to use offensive or objectionable expressions in reference to any\nmember, employee of the Council, or any other person.\n(3) If a member of the Council specifically requests, immediately after their use, that any particular\nwords used by a member be recorded in the minutes, the presiding member is to cause the words used\nto be taken down and read to the meeting for verification and to then be recorded in the minutes.\n\n4084 GOVERNMENT GAZETTE, WA 22 September 2016\n8.4 Recording of Proceedings\n(1) No member of the public is to use any electronic, visual or vocal recording device or instrument to\nrecord the proceedings of the Council without the permission of the presiding member, or in the case\nwhere the majority of members then present at the meeting disagree, by the majority of those\nmembers.\n8.5 Prevention of Disturbance\n(1) Any member of the public addressing the Council is to extend due courtesy and respect to the\nCouncil and the processes under which they operate and must take direction from the presiding\nmember whenever called upon to do so.\nPenalty $1,000\n(2) No person observing a meeting, is to create a disturbance at a meeting, by interrupting or\ninterfering with the proceedings, whether by expressing approval or dissent, by conversing or by any\nother means.\nPenalty $1,000\n8.6 Distinguished Visitors\nIf a distinguished visitor is present at a meeting of the Council, the presiding member may invite\nsuch person to sit at the Council table.\n8.7 Objectionable Business\nIf the Mayor at any meeting of the Council is of the opinion, or a councillor draws to the Mayor’s\nattention, that any motion or business proposed to be made or transacted thereat is of an\nobjectionable nature, the Mayor either before or after the same is brought forward may declare that\nthe same shall not be entertained provided always that any member of the Council may move dissent\nfrom the declaration made from the Mayor, whereupon the motion to dissent shall forthwith be put\nwithout debate, and in the event of the same being carried by a majority of the members present the\nbusiness referred to shall thereupon be entertained but not otherwise.\n8.8 Use of Electronic Equipment in Meetings\nElectronic equipment provided for the use of elected members and officers in attendance at meetings\nis to be used only for the purposes associated with the business of the meeting. Mobile phones are to\nbe switched off or to silent mode for the duration of the meeting and are not to be used during the\nmeeting to distract attention away from the meeting. Should the presiding member become aware of\nany deviation from these requirements by members or officers in attendance, the presiding member\nmay direct the person or persons responsible to immediately discontinue any non-compliant activity\nand immediately resume attention to the meeting proceedings.\n","sortOrder":8},{"sectionNumber":"Part 9","sectionType":"part","heading":"CONDUCT OF MEMBERS DURING DEBATE","content":"PART 9—CONDUCT OF MEMBERS DURING DEBATE\n9.1 Members to Indicate\nEvery member of the Council wishing to speak is to indicate by show of hands or other method agreed\nupon by the Council. When invited by the presiding member to speak, members are to address the\nCouncil through the presiding member.\n9.2 Priority\nIn the event of 2 or more members of the Council wishing to speak at the same time, the presiding\nmember is to decide which member is entitled to be heard first. The decision is not open to discussion\nor dissent.\n9.3 The Presiding Member to Take Part In Debates\nUnless otherwise prohibited by the Act, and subject to compliance with procedures for the debate of\nmotions contained in this local law, the presiding member may take part in a discussion of any matter\nbefore the Council as the case may be.\n9.4 Relevance\nEvery member of the Council is to restrict his or her remarks to the motion or amendment under\ndiscussion, or to a question, a personal explanation or point of order.\n9.5 Limitation of Number of Speeches\nNo member of the Council is to address the Council more than once on any motion or amendment\nbefore the Council except the mover of a substantive motion, in reply, or to a question, a personal\nexplanation or point of order.\n9.6 Limitation of Duration of Speeches\nAll addresses are to be limited to a maximum of 5 minutes. Extension of time is permissible only with\nthe agreement, by motion, of a simple majority of members present.\n9.7 Members Not to Speak After Conclusion of Debate\nNo member of the Council is to speak to any question after it has been put by the presiding member.\n9.8 Members Not to Interrupt\nNo member of the Council is to interrupt another member of the Council whilst speaking unless—\n(a) to raise a point of order;\n\n22 September 2016 GOVERNMENT GAZETTE, WA 4085\n(b) to call attention to the absence of a quorum;\n(c) to make a personal explanation under clause 10.15; or\n(d) to move a motion under clause 11(1).\n9.9 Re-Opening of Discussion on Decisions\nNo member of the Council is to re-open discussion on any decision of the Council taken at the same\nmeeting, except for the purpose of moving that the decision be revoked or changed.\n","sortOrder":9},{"sectionNumber":"Part 10","sectionType":"part","heading":"PROCEDURES FOR DEBATE OF MOTIONS","content":"PART 10—PROCEDURES FOR DEBATE OF MOTIONS\n10.1 Motions to be Stated\nAny member of the Council who moves a substantive motion or amendment to a substantive motion is\nto state the substance of the motion before speaking to it. Where in the opinion of the presiding\nmember, an amendment or modification of a recommendation alters the substance or effect of the\nrecommendation, the presiding member shall, where practicable, require the proposed motion to be in\nwriting and ready to be handed to the CEO, for recording in the minutes of the meeting. Such written\nnotice shall also contain the reason for the proposed amendment, as required by clause 11(da) of the\nRegulations.\n10.2 Motions to be Supported\nNo motion or amendment to a substantive motion is open to debate until it has been seconded, or, in\nthe case of a motion to revoke or change the decision made at a Council meeting, unless the motion\nhas the support required under regulation 10 of the Regulations.\n10.3 Unopposed Business\n(1) Upon a motion being moved and seconded, the presiding member is to ask the meeting if any\nmember wishes to speak against it.\n(2) If no member signifies opposition to the motion the presiding member may declare the motion in\nsubclause (1) carried without debate and without taking a vote on it.\n(3) If a member signifies opposition to a motion the motion is to be dealt with according to this Part\n(clause 10.6).\n(4) This clause does not apply to any motion to revoke or change a decision which has been made at a\nCouncil meeting.\n10.4 Only 1 Substantive Motion Considered\nWhen a substantive motion is under debate at any meeting of the Council or a committee, no further\nsubstantive motion is to be accepted.\n10.5 Breaking Down of Complex Motions\nThe presiding member may order a complex motion to be broken down and put in the form of several\nmotions, which are 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) A speaker against the motion;\n(e) A speaker for the motion;\n(f) Other speakers against and for the motion in alternating order until there is no member\n(excluding the mover) wishing to speak who is of the opposite view than the last preceding\nspeaker;\n(g) Mover takes right of reply which closes the debate; and\n(h) No member (other than the mover who may elect to open debate and speak in reply) may\nspeak twice.\n(2) The presiding member may offer the right of reply and put the motion to the vote if he or she\nbelieves sufficient discussion has taken place even though all members may not have spoken.\n10.7 Members May Require Motions to be Read\nAny member may require the motion under discussion to be read at any time during a debate, but not\nso as to interrupt any other member whilst speaking.\n10.8 Consent of Seconder Required to Accept Alteration of Wording\nThe mover of a substantive motion may not alter the wording of the motion without the consent of the\nseconder.\n10.9 Order of Amendments\nAny number of amendments may be proposed to a motion, but when an amendment is moved to a\nsubstantive motion, no second or subsequent amendment is to be moved or considered until the first\namendment has been withdrawn or determined.\n\n4086 GOVERNMENT GAZETTE, WA 22 September 2016\n10.10 Amendments Must Not Negate Original Motion\nNo amendment to a motion can be moved which negates the original motion or the intent of the\noriginal motion.\n10.11 Mover of a Motion Not to Speak On Amendment\nOn an amendment being moved, any member may speak to the amendment, provided that if the\nperson who moved the substantive motion does choose to speak to the amendment, the right of reply\nis forfeited by that person.\n10.12 Substantive Motion\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 any further amendment may be moved.\n10.13 Withdrawal of Motion and Amendments\nCouncil may, without debate, grant leave to withdraw a motion or amendment upon request of the\nmover of the motion or amendment and with the approval of the seconder provided that there is no\nvoice expressed to the contrary view by any member, in which case discussion on the motion or\namendment is to continue.\n10.14 Limitation of Withdrawal\nWhere an amendment has been proposed to a substantive motion, the substantive motion is not to be\nwithdrawn, until the amendment proposed has been withdrawn or lost.\n10.15 Personal Explanations and Questions\n(1) No member or employee is to speak at any meeting of the Council, except upon the matter before\nthe council, unless it is to make a personal explanation or ask a question related to the matter under\ndirect consideration. Any member or employee of the Council who is permitted to speak under these\ncircumstances is to confine the observations to a succinct statement relating to a specific part of the\nformer speech which may have been misunderstood or to seek clarification on the matter under direct\nconsideration. When a member or employee of the Council is invited to speak, no reference is to be\nmade to matters unnecessary for that purpose.\n(2) A member or employee of the Council wishing to make a personal explanation of matters referred\nto by any member of the Council then speaking, is entitled to be heard immediately, if the member of\nthe Council then speaking consents at the time, but if the member of the Council who is speaking\ndeclines to give way, the explanation is to be offered at the conclusion of that speech. Questions may\nonly be introduced at the conclusion of any speech currently being heard.\n(3) The ruling of the presiding member on the admissibility of a personal explanation is final unless a\nmotion of dissent with the ruling is carried before any other business proceeds.\n10.16 Right of Reply\n(1) The mover of a substantive motion has the right of reply. After the mover of the substantive\nmotion has commenced the reply, no other member is to speak on the question.\n(2) The right of reply is to be confined to rebutting arguments raised by previous speakers and no new\nmatter is to be introduced.\n10.17 Right of Reply Provisions\nThe right of reply is governed by the following provisions—\n(a) if no amendment is moved to the substantive motion, the mover may reply at the conclusion\nof the discussion on the motion;\n(b) subject to clause 10.11 if an amendment is moved to the substantive motion the mover of the\nsubstantive motion is to take the right of reply at the conclusion of the vote on any\namendments carried;\n(c) the mover of any amendment does not have a right of reply; and\n(d) once the right of reply has been taken, there can be no further discussion, nor any other\namendment and the original motion or the original motion as amended is immediately put to\nthe vote.\n","sortOrder":10},{"sectionNumber":"Part 11","sectionType":"part","heading":"PROCEDURAL MOTIONS","content":"PART 11—PROCEDURAL MOTIONS\n11.1 Permissible Procedural Motions\nIn addition to proposing a properly worded amendment to a substantive motion, it is permissible for a\nmember to move the following procedural motions—\n(a) that the Meeting now adjourn;\n(b) that the question now be put;\n(c) that the Council meet behind closed doors, if the meeting or part of the meeting to which the\nmotion relates is a matter in respect of which the meeting may be closed to members of the\npublic under clause 5.23 of the Act—\nexcept if the motion is in conflict with clause 11.3\n11.2 No Debate on Procedural Motions\n(1) The mover of a motion stated in each of subclauses (a) and (c) 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\n22 September 2016 GOVERNMENT GAZETTE, WA 4087\n(2) The mover of a motion stated in clause (b) of clause 11.1 may not speak to the motion, the seconder\nis not to speak other than to formally second the motion and there is to be no debate on the motion.\n11.3 Procedural Motions—Closing Debate—Who May Move\nNo person who has moved, seconded, or spoken for or against the substantive motion, or any\namendment may move any procedural motion which, if carried, would close the debate on the\nsubstantive 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.\n","sortOrder":11},{"sectionNumber":"Part 12","sectionType":"part","heading":"EFFECT OF PROCEDURAL MOTIONS","content":"PART 12—EFFECT OF PROCEDURAL MOTIONS\n12.1 Meeting to Now Adjourn—Effect of Motion\n(1) The motion “that the meeting now adjourn”, if carried, causes the meeting to stand adjourned until\nit is re-opened at which time the meeting continues from the point at which it was adjourned, unless\nthe presiding member or a majority of members then present at the meeting, upon vote, determine\notherwise.\n(2) Where debate is to be resumed at the next meeting at the point where it was so interrupted—\n(i) the names of members who have spoken on the matter prior to the adjournment are to be\nrecorded in the minutes; and\n(ii) the provisions of clause 9.5 to apply when the debate is resumed.\n12.2 Question to be Put—Effect of Motion\n(1) The motion “that the question be now put”, if carried during discussion of a substantive motion\nwithout amendment, causes the presiding member to offer the right of reply and then immediately\nput the matter under consideration without further debate.\n(2) This motion, if carried during discussion of an amendment, causes the presiding member to put\nthe amendment to the vote without further debate.\n(3) This motion, if lost, causes debate to continue.\n12.3 Council to Meet Behind Closed Doors—Effect of Motion\n(1) Subject to any decision under clause 7.7 or other decision of the Council, this motion, if carried,\ncauses persons to leave the room pursuant to clause 7.3.\n(2) While a decision made under this clause is in force the operation of clause 9.5 limiting the number\nof speeches a member of the Council may make, is suspended unless the Council decides otherwise.\n(3) Upon the public again being admitted to the meeting the person presiding, unless the Council\ndecides otherwise, is to cause the motions passed by the Council whilst it was proceeding behind\nclosed doors to be read out including the vote of a member or members to be recorded in the minutes\nunder clause 5.21 of the Act.\n(4) A person who is a Council member, or an employee is not to publish, or make public, any of the\ndiscussion taking place on a matter discussed behind closed doors, but this prohibition does not\nextend to the actual decision made as a result of such discussion and other information properly\nrecorded in the minutes.\nPenalty $5,000.\n","sortOrder":12},{"sectionNumber":"Part 13","sectionType":"part","heading":"MAKING DECISIONS","content":"PART 13—MAKING DECISIONS\n13.1 Question—When Put\nWhen the debate upon any question is concluded and the right of reply has been exercised the\npresiding member shall immediately put the question to the Council, and, if so desired by any\nmember of the Council, shall again state it.\n13.2 Question—Method of Putting\nIf a decision of the Council is unclear or in doubt, the presiding member shall put the motion or\namendment as often as necessary to determine the decision from a show of hands before declaring the\ndecision.\n","sortOrder":13},{"sectionNumber":"Part 14","sectionType":"part","heading":"VOTING","content":"PART 14—VOTING\n14.1 Procedure\n(1) The Mayor shall cast a deliberative vote on any question in respect of which the Mayor is not\nprecluded by the Act.\n(2) If the votes of members present at a Council or committee meeting are equally divided, the\npresiding member is to cast a second vote.\n(3) Subject to Part 19, each member and each member of a committee to which a local government\npower or duty has been delegated who is present at a meeting of the Council or committee is to vote.\n(4) Voting at a Council or committee meeting is to be conducted so that no voter’s vote is secret.\n\n4088 GOVERNMENT GAZETTE, WA 22 September 2016\n14.2 Method of Taking Vote\n(1) The Mayor shall, in taking the vote on any motion or amendment, put the question, first in the\naffirmative, and then in the negative, and the Mayor may do so as often as is necessary to enable the\nMayor to form and declare his or her opinion as to whether the affirmative or the negative has the\nmajority by a show of hands.\n(2) The result of voting openly is determined on the count of raised hands.\n(3) Upon a vote on a show of hands being taken, a member may call for—\n(a) his or her vote; or\n(b) the vote of all members present to be recorded in the minutes, whereupon the Mayor shall\ncause the vote or votes to be so recorded.\n","sortOrder":14},{"sectionNumber":"Part 15","sectionType":"part","heading":"PRESERVING ORDER","content":"PART 15—PRESERVING ORDER\n15.1 The Presiding Member to Preserve Order\nThe presiding member is to preserve order, and may call any member or other person in attendance to\norder, whenever, in his or her opinion, there is cause for so doing.\n15.2 Demand for Withdrawal\nA member at a meeting of the Council may be required by the presiding member, or by a decision of\nthe Council, to apologise and unreservedly withdraw any expression which is considered to reflect\noffensively on another member or an employee, and if the member declines or neglects to do so, the\npresiding member may refuse to hear the member further upon the matter then under discussion and\ncall upon the next speaker.\n15.3 Points of Order—When to Raise—Procedure\nUpon a matter of order arising during the progress of a debate, any member may raise a point of\norder including interrupting the speaker. Any member who is speaking when a point of order is\nraised, is to immediately stop speaking and be silent while the presiding member listens to the point\nof order.\n15.4 Points of Order—When Valid\nThe following are to be recognised as valid points of order—\n(a) that the discussion is of a matter not before the Council;\n(b) that the discussion refers to information that can be demonstrated to be factually incorrect;\n(c) that offensive or insulting language is being used; and\n(d) drawing attention to the violation of any written law, or policy of the local government,\nprovided that the member making the point of order states the written law or policy believed\nto be breached.\n15.5 Points of Order—Ruling\nThe presiding member is to give a decision on any point of order which is raised by either upholding\nor rejecting the point of order.\n15.6 Points of Order—Ruling Conclusive, Unless Dissent Motion Is Moved\nThe ruling of the presiding member upon any question of order is final, unless a majority of the\nmembers support a motion of dissent with the ruling.\n15.7 Points of Order Take Precedence\nNotwithstanding anything contained in this local law to the contrary, all points of order take\nprecedence over any other discussion and until decided, suspend the consideration and decision of\nevery other matter.\n15.8 Precedence of Presiding Member\n(1) When the presiding member speaks during the progress of a debate, any member of the Council\nthen speaking, or offering to speak, is to immediately be silent and every member of the Council\npresent shall preserve strict silence so that the presiding member may be heard without interruption.\nPenalty $500\n(2) Subclause (1) is not to be used by the presiding member to exercise the right provided in clause\n9.3, but to preserve order.\n15.9 Right of the Presiding Member to Adjourn Without Explanation to Regain Order\n(1) If a meeting ceases to operate in an orderly manner, the presiding member may use discretion to\nadjourn the meeting for a period of up to fifteen minutes without explanation, for the purpose of\nregaining order. Upon resumption, debate is to continue at the point at which the meeting was\nadjourned. If, at any 1 meeting, the presiding member has cause to further adjourn the meeting, such\nadjournment may be to a later time on the same day or to any other day.\n(2) Where debate of a motion is interrupted by an adjournment under sub-clause (1), in the case of a\nCouncil meeting—\n(a) the names of members who have spoken in the matter prior to the adjournment are to be\nrecorded; and\n(b) the provisions of clause 9.5 apply when the debate is resumed.\n\n22 September 2016 GOVERNMENT GAZETTE, WA 4089\n","sortOrder":15},{"sectionNumber":"Part 16","sectionType":"part","heading":"MOTION FOR REVOCATION","content":"PART 16—MOTION FOR REVOCATION\n16.1 “Substantive Resolution” Defined\nIn this clause the term substantive resolution refers to a resolution which is the subject of a motion\nfor revocation or change.\n16.2 Revocation or Change\nThe Council may, at the same meeting at which it is passed, revoke or change a resolution if all\nmembers of the Council who were present in the Council chamber at the time the resolution was\npassed are also present in the Council chamber at the time the revocation or change is proposed and\nthat number of persons who are, in accordance with clause 16.4 required to support the motion,\nindicate their support by a show of hands.\n16.3 Revocation or Change—Notice\n(1) If a revocation or change is to be moved at a subsequent meeting, notice of the motion to revoke or\nchange must be given to the CEO at least 14 days before the meeting, and must be signed by the\nnumber of persons who are by the next succeeding subclause required to support the motion.\n(2) This subclause does not apply to the change of a substantive resolution unless the effect of the\nchange would be that the substantive resolution would be revoked or would become substantially\ndifferent.\n16.4 Support For Revocation or Change\n(1) If a substantive resolution has been passed at a meeting then any motion to revoke or change the\nsubstantive resolution must be supported—\n(a) in the case where an attempt to revoke or change the substantive resolution has been made\nwithin the previous 3 months but has failed, by an absolute majority; or\n(b) in any other case, by at least 1/3 of the number of offices (whether vacant or not) of members\nof the Council,\ninclusive of the mover. Otherwise the motion shall not be entertained.\n(2) If a substantive resolution has been passed at a meeting then any resolution to revoke or change\nthe substantive resolution must be passed—\n(a) in the case where the decision to be revoked or changed was required to be made by an\nabsolute majority or by a special (75%) majority, by that majority; or\n(b) in any other case, by an absolute majority.\n(3) This subclause does not apply to the change of a substantive resolution unless the effect of the\nchange would be that the substantive resolution would be revoked or would become substantially\ndifferent.\n16.5 Terms of and Reasons for Revocation or Change at the Same Meeting to be Stated\nWhen moving a motion of revocation or change at the same meeting at which the substantive\nresolution was passed, the member moving the revocation or change shall state in clear terms—\n(a) the terms of the motion of revocation or change identifying the substantive resolution\nproposed to be revoked or changed; and\n(b) the reason or reasons for seeking revocation or change,\nand the Mayor shall not accept a motion for revocation or change which does not comply with those\nrequirements.\n16.6 Terms and Reasons for Revocation at Subsequent Meeting to be Stated in Notice\nWhen giving notice of motion of revocation or change the member giving notice shall record in writing\nin clear terms—\n(a) the terms of the motion of revocation or change identifying the substantive resolution\nproposed to be revoked or changed; and\n(b) the reason or reasons for seeking the revocation or change.\nThe CEO shall not accept a notice of motion of revocation or change which does not comply with the\nabove mentioned requirements and is not supported in accordance with clause 16.4(1).\n16.7 Written Notices Received During Same Meeting\n(1) If the CEO receives a written notice of motion to revoke or change a substantive resolution before\nthe close of the meeting at which the substantive resolution was passed, then provided the notice\ncomplies with the preceding subclauses, the CEO shall forthwith deliver the notice to the Mayor who\nshall at the earliest opportunity notify the meeting of the notice, and thereafter at the first available\nopportunity the Mayor shall bring on the motion before the close of the meeting.\n(2) If the CEO receives a written notice of motion to revoke or change a substantive resolution after\nthe closure of the meeting at which the substantive resolution was passed, then provided the notice\ncomplies with the preceding subclauses the CEO shall ensure that the motion is considered at a\nspecial or ordinary meeting of the Council held at the earliest opportunity after the meeting at which\nthe substantive resolution was passed.\n16.8 Delay in Implementing Substantive Resolution\nIf a notice of motion to revoke or change a substantive resolution is received by the CEO before any\nstep has been taken thereafter to implement the substantive resolution, then no step shall be taken to\n\n4090 GOVERNMENT GAZETTE, WA 22 September 2016\nimplement or give effect to the substantive resolution until the motion to revoke or change has been\ndealt with.\n16.9 Restraints on Notices of Revocation or Change\nThe CEO shall not receive a notice of motion to revoke or change a substantive resolution if any step\nhas been taken in accordance with these Local Laws to implement or give effect to the substantive\nresolution.\n16.10 Restraints on Motions for Revocation or Change\nWithout affecting the generality of the preceding subclause, the Council shall not entertain a motion\nfor revocation or change of a substantive resolution if—\n(a) at the time the motion is moved any step has been taken in accordance with this local law by\nthe CEO or any other officer of the Council to implement the substantive resolution; or\n(b) the substantive resolution concerns an application for planning consent, or a building licence\nor for any consent approval or licence of a similar nature, where notification of the resolution\nto grant the consent, approval or licence has been sent to the applicant by the Council in\nwriting, or has been communicated orally to the applicant or the applicant’s representative by\nan employee of the Council having authority to give such notification in ordinary\ncircumstances.\n16.11 Multiple Notices to Revoke or Change\nThe CEO may receive more than 1 notice of motion to revoke or change the same substantive\nresolution.\n16.12 Absence of Mover or Seconder\nIf a motion to revoke or change a substantive resolution fails to be considered by the Council by\nreason that at the time the motion is called on—\n(a) the member who gave notice of the motion is not present or is not willing to move the motion;\nand\n(b) there is no other member present willing to move the motion; or\n(c) if the motion is not supported by the number of members required by the preceding provisions\nof this clause,\nthen the motion shall lapse.\n16.13 No Rescission of Procedural Resolution or a Resolution to Revoke\nThe Council shall not entertain a motion to revoke a substantive resolution which is merely\nprocedural in its form and effect, or a resolution to revoke another resolution.\n16.14 Motion to Change Having Effect of Revocation\nIf a motion to change a substantive resolution in its form or effect would amount to a motion to revoke\nthe substantive resolution then it shall be treated as if it was a motion to revoke the substantive\nresolution.\n","sortOrder":16},{"sectionNumber":"Part 17","sectionType":"part","heading":"COMMITTEES","content":"PART 17—COMMITTEES\n17.1 Standing Orders Apply to Committees\nExcept in so far as they limit the number of times a member may speak, this local law applying to the\nCouncil shall apply to committees.\n17.2 Committees\n(1) 1. The Council may establish committees of 3 or more persons to assist the Council and to\nexercise the powers and discharge the duties of the Council that can be delegated to\ncommittees.\n2. Any resolution to establish a committee or to appoint members requires an absolute majority\nof the Council.\n(2) A person appointed member as an ordinary member shall hereafter in this clause be referred to as\n“member” or an ordinary member, and a person appointed member as a deputy member shall\nhereinafter be referred to as “deputy” or “deputy member” unless the deputy is acting in place of an\nordinary member.\n(3) 1. In this subclause “other person” means a person who is not a member or an employee of the\nCouncil.\n2. A committee is to comprise of—\n(a) Council members only;\n(b) Council members and employees;\n(c) Council members, employees and other persons;\n(d) Council members and other persons;\n(e) employees and other persons; or\n(f) other persons only.\n\n22 September 2016 GOVERNMENT GAZETTE, WA 4091\n(4) At any given time each member is entitled to be an ordinary member of at least 1 committee\nreferred to in item (a) of the preceding subclause, and if a member nominates himself or herself to be\na member of 1 or more of such committees, the Council shall include that member to at least 1 of\nthose committees as the Council determines.\n(5) If at a meeting of the Council appointments are to be made to a committee that has or could have\nan elected member as a member and the Mayor informs the Council of his or her wish to be a member\nof the committee, the Council shall appoint the Mayor to be a member of the committee.\n(6) If at a meeting of the Council an appointment is to be made to a committee that has or will have\nan employee as a member and the CEO informs the Council of his or her wish—\n(a) to be a member of the committee; or\n(b) that a representative of the CEO be a member of the committee,\nthe Council shall appoint the CEO or the CEO’s representative, as the case may be, to be a member of\nthe committee.\n(7) The Council may appoint a deputy as referred to in clause 17.2(2)—\n(a) as a deputy having office for the same period as a relevant ordinary member to act in place of\nthe relevant ordinary member whenever the relevant ordinary member is unable to be\npresent at a meeting of the committee; or\n(b) as a deputy to a member who is presently unable or expected to become unable for any cause\nto perform the functions of a member and such a deputy shall have office during the period\nthat the ordinary member is unable to perform the functions of a member, unless a shorter\nterm is stipulated by the Council.\n(8) The Council may only appoint a person to be a member of a committee as deputy who would be\nqualified to be appointed as an ordinary member.\n(9) In the event that the Council appoints 2 or more deputies to any member of a committee, they\nshall have seniority in the order determined by the Council.\n(10) If a member of a committee does not attend a meeting, during the member’s absence any deputy\nof that member is entitled to attend the meeting in place of the member and act for the member at the\nmeeting, and while so acting has all the powers of that member. For all purposes under this local law\na deputy acting for a member shall be treated as and included in any reference to the members or a\nmember of the committee as if the deputy was the ordinary member, and the deputy member’s vote\nshall have effect accordingly.\n(11) If a deputy has commenced to act in place of a member at a committee meeting and the member\nattends the meeting, the member takes precedence and assumes the seat and the deputy shall\nthereupon cease to act as a member at that meeting.\n(12) A deputy who is 1 of 2 or more deputies of a member of a committee is not entitled to attend a\nmeeting of the committee in place of that member if the meeting is attended by another deputy of that\nmember who has precedence over that deputy in the order of seniority determined under clause\n17.2(9).\n(13) A person who is a member of a committee is not eligible to be appointed a deputy for another\nmember of that committee.\n(14) An absolute majority of the Council is required for the appointment of any member to a\ncommittee including a deputy member, with the exception of members appointed pursuant to clauses\n17.2(5) and 17.2(6).\n17.3 Member Attending Committee as Observer\n(1) A member may attend as an observer at meetings of a committee notwithstanding that the\nmember is not a member of that committee. A member attending a committee meeting as an observer\nmay speak on nominated issues by resolution of the committee, but shall not vote on any question\nbefore the committee unless the member is a deputy of a member excluded from a meeting pursuant\nto clause 19 and he or she is then entitled to participate pursuant to clause 17.4.(4).\n(2) Subject to the preceding subclause a member attending a committee as an observer shall sit in an\narea set aside by the presiding member for observers.\n17.4 Term of Appointment\n(1) Whenever possible committees should be established at the first meeting of the Council held after\nthe ordinary election day.\n(2) Where a person is appointed as a member of a committee under clauses 17.2(5) or 17.2(6), the\nperson’s membership of the committee continues until—\n(a) in the case of the Mayor, the person no longer holds that office;\n(b) in the case of the CEO or the CEO’s representative, the person no longer holds that position;\n(c) the person resigns from membership of the committee;\n(d) the committee is disbanded; or\n(e) the next ordinary election day,\nwhichever happens first.\n(3) Where a person is appointed as a member of a committee as ordinary member or deputy member\nother than under clauses 17.2(5),17.2(6), or 17.2(7) (b) the person’s membership of the committee\ncontinues until—\n(a) the term of the person’s appointment as a committee member expires;\n\n4092 GOVERNMENT GAZETTE, WA 22 September 2016\n(b) the Council removes the person from the office of committee member or the office of\ncommittee member otherwise becomes vacant;\n(c) the committee is disbanded; or\n(d) the next ordinary election day,\nwhichever happens first.\n17.5 Resignation of Committee Member\n(1) A committee member may resign from membership of the committee by giving the CEO or the\ncommittee’s presiding member written notice of the resignation.\n(2) A resignation takes effect upon the delivery of the notice to the CEO or the presiding member, or\non a later date if specified in the notice.\n(3) If received by the presiding member, any letter of resignation is to be passed to the CEO for record\nkeeping purposes.\n17.6 Committee Membership May Be Changed\nThe Council may by an absolute majority, change the membership of any committee provided that the\nCouncil may not remove as members persons appointed pursuant to clauses 17.2(5) or 17.2(6).\n17.7 Constitution of Committee\nA Council resolution to establish a committee shall include details of its constitution including—\n(a) the number of members;\n(b) qualifications for membership; and\n(c) terms of reference specifying duties, powers and reporting requirements.\n17.8 Delegation of Powers and Duties\n(1) Subject to the next following subclause the Council by absolute majority may delegate to a\ncommittee powers and duties other than this power of delegation.\n(2) The procedure associated with the making of the delegation, its duration and revocation by the\nCouncil shall be as provided in s.5.16 of the Act.\n(3) The Council may delegate—\n(a) to a committee comprising Council members only, any of the Council’s powers or duties under\nthe Act except—\n(i) any power or duty that requires a decision of an absolute majority or a 75% majority of\nthe Council; and\n(ii) any other power or duty that is prescribed under the Act;\n(b) to a committee comprising Council members and employees, any of the Council’s powers or\nduties that can be delegated to the CEO under Division 4 of the Act; and\n(c) to a committee which includes any Council member or employee, any of the Council’s powers\nor duties that are necessary or convenient for the proper management of—\n(i) the local government’s property; or\n(ii) an event in which the local government or the Council is involved.\n(4) The Council cannot delegate any of its powers or duties to a committee which does not include a\nmember or employee in its membership.\n(5) The Council shall keep a register of the delegations made under the preceding subclause and shall\nreview the delegations at least once every financial year.\n17.9 Meetings of Committees\n(1) Quorum\nThe quorum for meetings of committees shall be as provided in clause 3.1(1) and 3.1(4).\n(2) Meetings\nA meeting of a committee shall be held in accordance with clause 17.10 when called by the CEO (for\nthe inaugural meeting), presiding member or as determined by the committee or Council.\n(3) Meetings of a committee to which a power or duty of the Council has been delegated, shall be open\nto the public except where that committee decides by resolution to conduct its business or any\nspecified part thereof behind closed doors in which case the provisions of clauses 7.2 to 7.8 inclusive\napply.\n17.10 Notice of Committee Meeting\n(1) CEO to Give Notice of Meeting\nThe CEO shall give notice of the meeting to every member of the committee and to any elected\nmember who is a deputy member.\n(2) Papers for Committee Meeting to be put to Members\nWhen a meeting of any committee is called the business paper for the meeting together with copies of\nall officers’ reports relating to matters on the agenda for that meeting shall be forwarded to all\nmembers of the committee, including deputy members.\n\n22 September 2016 GOVERNMENT GAZETTE, WA 4093\n17.11 Quorum of Committees\n(1) Quorum Required\nNo meeting of a committee may proceed to business unless sufficient members are present to\nestablish a quorum pursuant to the provisions of clause 17.9(1).\n(2) Failure of Quorum\nEvery meeting shall proceed to business as soon after the time stated in the summons as a quorum is\nconstituted; but if a quorum is lacking 30 minutes after the hour at which a meeting of any committee\nis appointed to be held, no meeting shall take place, and the meeting shall stand adjourned until the\nday and time fixed for the next ordinary meeting of the committee, unless the presiding member\nconvenes a special meeting of the committee for the transaction of the business standing adjourned.\n17.12 Unfinished Business of Former Committees\nIt shall be competent for every committee of the Council to take up matters referred by the Council to\nthe preceding committee which may not have been entered upon or fully discharged at the time such\ncommittee went out of office.\n17.13 Voting By Committees\n(1) A decision of a committee does not have effect unless it has been made by a simple majority, or if\nanother kind of majority has been prescribed by regulations or this local law for the particular kind of\ndecision by that kind of majority.\n(2) If the votes of members present at a committee meeting are equally divided, the presiding member\nis to cast a second vote.\n17.14 Conference of Committees\nAny 2 or more committees may confer together by mutual agreement and resolution of the committees\non any matter of joint interest.\n17.15 Minutes of Committees\nThe presiding member of a committee shall cause minutes of the proceedings of the committee to be\nrecorded and kept in a minute book.\n17.16 Committees to Report\n(1) Obligation to Report\nA committee is answerable to the Council and shall, as and when required by the Council to do so,\nreport fully on its activities to the Council.\n(2) Preparation of Report\nWhen it has reached a decision on each matter referred to it by the Council the committee shall as\nsoon as possible prepare a report containing recommendations and submit it to the Council.\n17.17 Reports of Committees\n(1) Minutes to be Report\nSubject to clause 4.5 the CEO shall cause the minutes of all committees to be permanently fixed in\nthe Minute Book. The minutes of each committee shall be deemed to be the report of the committee to\nCouncil, where issues contained in such minutes require a resolution of Council to be effective.\n(2) Presentation of Reports\n1. Minutes of a committee shall be presented to the Council for consideration of its\nrecommendations.\n2. The presiding member shall—\n(a) call for requests by any member or the CEO to withdraw any recommendation\ncontained in the report, and where such a request is made the subject recommendation\nshall be withdrawn;\n(b) put the question that the recommendations be adopted with the exception of any\nrecommendations withdrawn pursuant to item (a) of this clause,\nand in relation to a recommendation or those recommendations in the report which are the\nsubject of a request by a member or the CEO pursuant to item (a), those recommendations\nshall be individually dealt with in accordance with this local law.\n","sortOrder":17},{"sectionNumber":"Part 18","sectionType":"part","heading":"ELECTORS’ MEETINGS","content":"PART 18—ELECTORS’ MEETINGS\n18.1 Standing Orders Apply\nThis local law apply, so far as is practicable, to any meeting of electors, but where there is any\ninconsistency between the provisions of this local law and the provisions of subdivision 4 of Part 5 of\nthe Act and Regulations, the provisions of the Act and the Regulations prevail.\n18.2 Restriction on Voting and Speaking\nA person who is not an elector as that term is defined in clause 5.26 of the Act (including ratepayers)\nis not entitled to vote at a meeting of electors, and he or she may not take any part in any discussion\nat that meeting, unless the meeting, by a resolution, allows the person to do so.\n\n4094 GOVERNMENT GAZETTE, WA 22 September 2016\n","sortOrder":18},{"sectionNumber":"Part 19","sectionType":"part","heading":"DISCLOSURE OF MEMBERS’ FINANCIAL INTERESTS","content":"PART 19—DISCLOSURE OF MEMBERS’ FINANCIAL INTERESTS\n19.1 Interpretation\nIn this clause the term member refers to either a Council member or a member of a committee.\n19.2 Obligation to Disclose a Financial Interest\n(1) Any member who has an interest within the meaning of clause 5.60 but subject to clause 5.63 of\nthe Act (“interest”) in a matter to be discussed at any meeting that will be attended by the member\nmust disclose the nature of the interest.\n(2) The member must disclose the interest at the meeting immediately before the matter is discussed,\nor if there is no discussion, immediately before the matter is voted upon.\n(3) The obligation to disclose an interest at a meeting immediately before discussion of the matter\ndoes not apply to a member who has disclosed the member’s interest by written notice in accordance\nwith clause 5.66 of the Act, nor to a member who has an interest in any matter raised during public\nquestion time, except if a question is directed to that member, in which case another member or\nemployee present not having an interest pursuant to these Local Laws, is allowed to respond to the\nquestion.\n(4) Where a member has provided written notice of an interest pursuant to clause (3), the presiding\nmember at the meeting is to bring the notice and its contents to the attention of persons present\nimmediately before the relative disclosure matters are discussed.\n(5) If a member has an interest in a matter raised otherwise without notice, the member must\ndisclose that interest at the earliest possible time after the matter is raised, but in any event before\ndiscussion or voting on the matter takes place.\n(6) The obligation to disclose an interest shall apply to all members present at the meeting including\na member attending a committee meeting in the capacity of an observer.\n(7) The obligation to disclose an interest applies in regard to each meeting at which the matter the\nsubject of the interest arises.\n19.3 Details of Financial Interest\n(1) At the time of disclosing an interest, a member is required to disclose the nature of the interest,\nbut is not required to state the extent of the interest including its value and amount, unless the\nmember wishes the meeting to consider and resolve upon the question whether the member—\n(a) should be allowed to be present during any discussion or decision-making procedure relating\nto the matter; or\n(b) may be allowed to participate in discussions and the decision-making procedures relating to\nthe matter,\nin which case the member shall comply with clause (2) hereof.\n(2) If a member wishes the meeting to consider and resolve upon the questions referred to in either (a)\nor (b) of clause (1) of this clause the member shall first disclose to the meeting the nature and extent\nof the interest, including its value and amount, in sufficient detail to enable the meeting to make a\nfair and informed decision on the question.\n(3) If a member wishes the Council or the CEO to apply to the Minister under clause 5.69 of the Act\nthe member shall provide to the Council or the CEO as the case may be the same details of the nature\nand extent of the member’s interest as referred to in clause (2).\n19.4 Disclosing Member Not to Participate In Meeting\n(1) A member who makes a disclosure under clause 19.2 must not—\n(a) preside at the part of the meeting relating to the matter; or\n(b) participate in, or be present during, any discussion or decision-making procedure relating to\nthe matter,\nunless, and to the extent that, the disclosing member is allowed to do so by resolution of the Council\nunder clause 19.6 hereof, or by the Minister under clause 5.69 of the Act.\n(2) A member who has disclosed an interest in a matter and who has not been permitted by resolution\nof the meeting or by the Minister under clause 5.69 of the Act to participate in the discussion or\ndecision-making procedures relating to the matter, shall depart from and remain absent from the\nchamber or room where the meeting is held while the matter is under consideration and until a vote\non the matter has been taken.\n(3) If it is resolved at a meeting that a member who has disclosed an interest in a matter be permitted\nto participate in the discussion or decision-making procedures on the matter or both, then the\nmember may return and participate to the extent permitted.\n(4) Where a member has disclosed an interest in a matter and has departed from the chamber or\nroom, the meeting may resolve to invite the member to return to provide information in respect of the\nmatter or in respect of the member’s interest in the matter, but in such case the member must\nwithdraw after providing the information requested.\n19.5 Substitution of Deputy at Committee\nWhere a member withdraws from a meeting of a committee in respect of a matter under consideration\nby that committee in accordance with the provisions of this clause, another member present at the\nmeeting who is a deputy of the excluded member for that committee is entitled to participate as a\nmember of the committee in the absence of the excluded member.\n\n22 September 2016 GOVERNMENT GAZETTE, WA 4095\n19.6 Meeting Allowing Disclosing Member to Participate\n(1) If a member has disclosed, under clause 19.3, an interest in a matter, the members present at the\nmeeting who are entitled to vote on the matter—\n(a) may allow the disclosing member to be present during any discussion or decision-making\nprocedure relating to the matter; and\n(b) may allow, to the extent decided by those members, the disclosing member to preside at the\nmeeting (if otherwise qualified to preside) or to participate in discussions and the decision-\nmaking procedures relating to the matter, if—\n(i) the disclosing member also discloses the extent of the interest; and\n(ii) those members decide that the interest—\n(I) is so trivial or insignificant as to be unlikely to influence the disclosing member’s\nconduct in relation to the matter; or\n(II) is common to a significant number of electors or ratepayers.\n(2) A decision under the preceding clause of this subsection is to be recorded in the minutes of the\nmeeting relating to the matter together with the extent of any participation allowed by the Council or\ncommittee.\n(3) This subsection does not prevent the disclosing member from discussing, or participating in the\ndecision-making process on, the question of whether an application should be made to the Minister\nunder clause 5.69 of the Act.\n19.7 Exemption By Minister\n(1) Where the Minister allows a member who has disclosed an interest to participate in a meeting in\nany capacity, in the case of any inconsistency between the provisions of this clause and the Minister’s\ndetermination, the Minister’s determination shall prevail.\n(2) The terms of any determination by the Minister shall be recorded in the minutes in the same\nmanner as a disclosure of interest.\n19.8 Recording Details of Financial Interest in Minutes\nThe minutes of a meeting shall record in summary form the details of the interest disclosed by a\nmember in respect of a matter arising at that meeting in accordance with the provisions of this\nclause, unless the meeting resolves that the details should be recorded in full.\n","sortOrder":19},{"sectionNumber":"Part 20","sectionType":"part","heading":"DISCLOSURE OF EMPLOYEES’ FINANCIAL INTERESTS","content":"PART 20—DISCLOSURE OF EMPLOYEES’ FINANCIAL INTERESTS\n20.1 Interpretation\n(1) In this clause the term employee includes a person who, under a contract for services with the\nLocal government, provides advice or a report on a matter.\n(2) An employee who has an interest in any matter in respect of which the employee is providing\nadvice or a report directly to the Council or a committee shall disclose the nature of the interest when\ngiving the advice or report.\n(3) An employee who discloses an interest under this clause must, if required to do so by the Council\nor committee, as the case may be, disclose the extent of the interest.\n(4) An employee if called upon to disclose the extent of an interest shall disclose full detail including\nthe value and amount of the interest so as to enable the meeting to make a fair and informed\nevaluation of the nature and extent of the employee’s interest and any effect that interest might be\nthought to have upon the advice or report given.\n(5) The details of the interest of an employee disclosed under the preceding provisions of this clause\nshall be recorded in the minutes of the meeting relating to the disclosure.\n(6) If, under Division IV of the Act, an employee has been delegated a power or duty relating to a\nmatter and the employee has an interest in the matter, the employee must not exercise the power or\ndischarge the duty and—\n(a) in the case of the CEO, must disclose to the Mayor the nature of the interest as soon as\npracticable after becoming aware that the CEO has the interest in the matter; and\n(b) in the case of any other employee, must disclose to the CEO the nature of the interest as soon\nas practicable after becoming aware that the employee has the interest in the matter.\n(7) The requirement to disallow an interest under this Part does not apply to the public question time\nperiod of a meeting unless a question is directed to an employee with an interest in the matter being\nthe subject of the question. In these circumstances, the employee will declare the interest and another\nemployee present at the meeting will be allowed to respond to the question.\n","sortOrder":20},{"sectionNumber":"Part 21","sectionType":"part","heading":"DECLARATION OF IMPARTIALITY INTEREST","content":"PART 21—DECLARATION OF IMPARTIALITY INTEREST\n21.1 When to be Considered\n(1) In this clause—\ninterest under this clause means an interest of a personal nature which a member or employee\nhas in a matter which is not required to be disclosed under Part 19 or Part 20, but which a\nreasonable person knowing the facts might assume would influence the consideration of that\nmatter by the member or employee. (Examples are applications for an approval consent or\nlicence by a parent, sibling, adult child or close friend of a member or employee.)\n\n4096 GOVERNMENT GAZETTE, WA 22 September 2016\n(2) If a member or employee attending a meeting of the Council has an interest under this clause in\nany matter proposed to be considered at that meeting the member or employee should disclose that\ninterest at the meeting before the discussion of the relevant matter that requires a decision to be\nmade by the Council.\n(3) A member expected to disclose an interest under this clause in a matter shall remain in the\nchamber or room of the meeting while the matter is discussed and voted upon.\n(4) In applying the preceding clause, a member must bear in mind the obligation under clause 5.21(2)\nof the Act to vote at meetings where the member is present.\n(5) The decision to disclose an interest under this clause is a decision to be made by the member or\nemployee and is not to be determined by resolution of the meeting.\n","sortOrder":21},{"sectionNumber":"Part 22","sectionType":"part","heading":"ADMINISTRATIVE MATTERS","content":"PART 22—ADMINISTRATIVE MATTERS\n22.1 Suspension of Standing Orders\n(1) The Council may decide, by simple majority vote, to suspend temporarily 1 or more clauses of this\nlocal law.\n(2) The mover of a motion to suspend temporarily any 1 or more of the clauses in this local law is to\nstate the clause or clauses to be suspended, and the purpose of the suspension.\n22.2 Cases Not Provided For in Standing Orders\nThe presiding member is to decide questions of order, procedure, debate, or otherwise in cases where\nthis local law and the Act and Regulations are silent. The decision of the presiding member in these\ncases is final.\n22.3 Negatived Motion not to be Entertained Within 3 Months\nA motion to the same effect as any motion, other than a motion moved in pursuance of a report of a\ncommittee of the Council, which has been lost at a meeting of the Council shall not again be\nentertained within a period of 3 months unless an absolute majority of the councillors signify to the\nCEO in writing before a meeting their consent to the motion being entertained at that meeting.\n22.4 Deputations by Council\n(1) In the event that the Council resolves to seek a meeting with any Minister or government\ndepartment or agency, federal, state or local, or any other body or person the request for the meeting\nshould be made in writing within 2 working days after the date of the resolution.\n(2) The CEO should report to the members the measures taken to arrange the requested meeting and\nshould present a report on the requested meeting to the next Council meeting occurring after the\nrequested meeting, should a resolution of Council be required as an outcome of the meeting.\n22.5 Dispute Resolution Procedure\n(1) A member or employee who is aggrieved by the manner in which any particular issue under\nconsideration by Council is being administered may, in the first instance, report his or her concerns to\nthe CEO in writing.\n(2) Within 7 days of receipt of a written report pursuant to clause (1), the CEO is to take whatever\naction is considered appropriate to mediate the aggrieved parties.\nIn undertaking this process, the function of the CEO, pursuant to sec. 5.41 of the Act, is to be clearly\nunderstood as the role of the CEO only.\n(3) Upon the completion of the mediation process referred to in clause (2), the CEO is to prepare a\nreport to be provided to the aggrieved parties\n(4) The report referred to in clause (3) is to contain the outcomes achieved by the mediation process,\ntogether with any recommended course of action to be further initiated by the CEO.\n(5) In the event that no agreement can be reached to the mutual satisfaction of the parties concerned,\nthe CEO may refer the matter to Council for further consideration. In addition, each or any of the\nparties may request the matter be referred to Council for consideration if, following the conclusion of\nthis procedure, they remain dissatisfied.\n————\nDated: 13 September 2016.\nThe Common Seal of the City of Cockburn was affixed by the authority of a resolution of Council in\nthe presence of—\nLOGAN HOWLETT, Mayor.\nSTEPHEN CAIN, Chief Executive Officer.\n———————————","sortOrder":22}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Clause 1.4 expressly repeals the previous City of Cockburn Standing Orders Local Law (1999, as amended) and replaces it with this instrument. The new local law recalibrates meeting procedures and governance mechanics — adding or restating detailed rules on public question time (cl.4.4), agenda distribution and public inspection (cl.2.4; cl.5.1), production of documents (Part 6), confidentiality and penalties (cls 4.13, 5.2, 12.3(4)), and expanded disclosure rules for members and employees (Parts 19–21) — thereby changing the operative procedural framework for council business."},"complexity_factors":["Length and level of procedural detail across 22 Parts covering calling meetings, debate, motions, committees, minutes, disclosures and confidentiality (entire instrument).","Cross-references and dependence on the Local Government Act 1995 and Regulations for definitions and thresholds (e.g. cls 1.3, 2.2, many Parts).","Multiple decision thresholds and quorum/majority rules (definitions and cl.3.1; absolute, simple, special majorities in cl.1.3).","Discretion granted to officials: CEO and presiding member have multiple gatekeeping powers (e.g. production of documents cl.6.3–6.5; control of public question time cl.4.4; confidentiality cls 4.13, 7.7).","Detailed conflict-of-interest regime for members and employees with staged disclosure, options to participate subject to resolution, ministerial override, and minute-recording obligations (Parts 19–21).","Public access and confidentiality tension, including penalties for improper disclosure (access cl.5.1; confidentiality cl.5.2 penalty $5,000; cl.12.3(4) penalty $5,000).","Operational compliance burdens: specified notice periods (e.g. agenda 72 hours cl.2.4), time limits on speeches (cl.9.6), mandatory minute-keeping and transfer to archives (cl.4.5(4)).","Standards for procedural motions, revocation, suspension of standing orders and dispute resolution create layered review/appeal routes (Parts 11, 16, 22)."],"plain_english_summary":"This local law prescribes how City of Cockburn council and committee meetings are run: how meetings are called, the order of business, public question time, voting, minutes, committees, disclosure of financial and impartiality interests, confidentiality and production of documents. It binds councillors, the Mayor, the CEO, council staff and members of the public who engage at meetings. It matters because it fixes who decides, when and how (notice periods, quorums, majorities), creates duties (agenda access, disclosures), and imposes compliance steps and penalties for breaches."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as a comprehensive standing orders document for local government meeting procedure. It covers the standard range of matters expected in such local laws: meeting conduct, debate rules, voting, committees, public access, and conflict of interest — without significant expansion beyond this core purpose."},"complexity_factors":["22 Parts with 80+ individual clauses covering highly specific procedural scenarios","Multiple defined terms in interpretation section (1.3) including 'absolute majority', 'special majority', 'simple majority', 'substantive motion', 'procedural motion' — each with specific mathematical thresholds","Extensive cross-referencing to the Local Government Act 1995 and Local Government (Administration) Regulations 1996","Nested conditional logic for revocation of motions (Part 16) with time limits (3 months), varying majority requirements, and implementation status checks","Detailed exception hierarchies for conflict of interest disclosures (Parts 19-21) distinguishing financial interests, impartiality interests, and employee interests with different disclosure and participation rules","Committee delegation rules (17.8) with multiple membership type scenarios and prohibited delegations","Procedural motion mechanics (Parts 11-12) with specific restrictions on who can move what and when"],"plain_english_summary":"This is the **City of Cockburn Standing Orders Local Law 2016** — essentially the rulebook for how the City of Cockburn Council runs its meetings and makes decisions.\n\n**What it does:**\n- **Sets meeting rules**: How ordinary and special meetings are called, who chairs them (the Mayor, or Deputy Mayor if unavailable), and how much notice must be given (72 hours for ordinary meetings).\n- **Quorum requirements**: At least half of all council positions must be present to conduct business. If quorum is lost, meetings must adjourn.\n- **Running the meeting**: Establishes a strict order of business — from opening declarations through to public question time, petitions, deputations, confidential business, and closure.\n- **Public participation**: Gives residents 15 minutes at each meeting to ask questions, with rules about how questions must be framed (no bad language, no personal attacks). People can also present petitions or request deputations (formal presentations to Council).\n- **Debate procedures**: Detailed rules for moving motions, amending them, speaking time limits (5 minutes per speech), and who gets the final right of reply.\n- **Voting**: Requires open voting (no secret ballots), with the Mayor having a casting vote if there's a tie.\n- **Confidential business**: Allows Council to close meetings to the public for sensitive matters like legal advice, personal employee issues, or public safety concerns.\n- **Conflict of interest**: Requires councillors and staff to disclose financial interests and withdraw from related discussions and votes. There are also rules for \"impartiality interests\" (personal connections that might affect judgment).\n- **Committees**: Rules for establishing committees, appointing members (including deputies), delegating powers, and how committees report back to Council.\n- **Changing past decisions**: Special rules for revoking or changing previous Council decisions — requiring notice, support from at least one-third of councillors, and sometimes an absolute majority (more than 50% of all positions, not just those present).\n\n**Who it affects:**\n- **Councillors and the Mayor**: Must follow these rules when conducting meetings, debating, and voting.\n- **Council staff (the CEO and officers)**: Must prepare agendas, record minutes, manage documents, and advise on procedure.\n- **Local residents**: Can attend meetings, ask questions, present petitions, and request deputations, but must follow conduct rules.\n- **Committee members**: Including community representatives on committees, who must follow similar standing orders.\n\n**Why it matters:**\nThis law ensures Council meetings are transparent, fair, and orderly. It protects against conflicts of interest, ensures decisions can't be easily reversed on a whim (preventing instability), and gives the community structured ways to engage with their local government. Without these rules, meetings could be chaotic, decisions could be made without proper scrutiny, and residents would have less clarity about how to participate."}},"importantCases":[],"_links":{"self":"/api/acts/city-of-cockburn-standing-orders-local-law-2016","history":"/api/acts/city-of-cockburn-standing-orders-local-law-2016/history","analysis":"/api/acts/city-of-cockburn-standing-orders-local-law-2016/analysis","conflicts":"/api/acts/city-of-cockburn-standing-orders-local-law-2016/conflicts","importantCases":"/api/acts/city-of-cockburn-standing-orders-local-law-2016/important-cases","documents":"/api/acts/city-of-cockburn-standing-orders-local-law-2016/documents"}}