{"id":"wa-local:melville-city-of-city-of-melville-local-government-meeting-procedures-local-law-2022","name":"City of Melville Local Government (Meeting Procedures) Local Law 2022","slug":"city-of-melville-local-government-meeting-procedures-local-law-2022","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438475,"registerId":"wa-local:melville-city-of-city-of-melville-local-government-meeting-procedures-local-law-2022-pdf-1775954888401","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 Citation\nThis local law may be cited as the City of Melville Local Government (Meeting Procedures) Local Law\n2022.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of publication in the Government Gazette.\n1.3 Application and Intent\n(1) This local law provides rules that apply to the conduct of meetings of the Council and its committees\nand to meetings of electors.\n(2) All meetings are to be conducted in accordance with the Local Government Act 1995, the Local\nGovernment (Administration) Regulations 1996, the City of Melville Code of Conduct—Elected\nMembers, Committee Members and Candidates adopted by Council under section 5.104 of the Local\nGovernment Act 1995 and this local law.\n(3) This local law is intended to result in—\n(a) effective decision making by the Council and committees;\n(b) the orderly conduct of meetings dealing with Council business;\n(c) understanding of the process of conducting meetings; and\n(d) efficient and effective use of time at meetings.\n(4) This local law is a “local law as to conduct” for the purposes of the Local Government\n(Administration) Regulations 1996.\n1.4 Repeal\nThe City of Melville Meeting Procedures Local Law 2017, published in the Government Gazette on\n","sortOrder":0},{"sectionNumber":"7","sectionType":"section","heading":"June 2017, is repealed.","content":"7 June 2017, is repealed.\n1.5 Interpretation\n(1) In this local law unless the context otherwise requires-\nabsolute majority has the same meaning as given to it in the Act;\nAct means the Local Government Act 1995;\nagenda briefing forum means an information-sharing forum convened under clause 3.7 of this\nlocal law;\namendment means a subsidiary motion moved in the course of debate on a substantive motion,\nwith the object of modifying the proposal in such a way as to increase its acceptability;\nCEO means the Chief Executive Officer of the local government;\nChamber means the City of Melville Council Chamber, or any other room allocated for meetings\nof the Council or a committee of the Council;\nCode of Conduct means the code of conduct applicable to Members as adopted by the local\ngovernment under section 5.104 of the Act and the Local Government (Model Code of Conduct)\nRegulations 2021;\ncommittee means a committee of the Council established under section 5.8 of the Act;\ncommittee meeting means a meeting of a committee of the Council;\nCouncil means the Mayor and elected Members collectively acting as the Council of the City of\nMelville;\ndeputation means an oral submission by one or more members of the public at an agenda briefing\nforum or at a Council or committee meeting on an item listed on the agenda of that meeting;\ndistrict means the district of the local government as declared by the Governor pursuant to section\n2.1 of the Act;\nelector has the same meaning as given to it in the Act;\nemployee means a person employed by the local government under section 5.36 of the Act;\nlocal government means the City of Melville;\nMayor means the Mayor of the City of Melville;\nmeeting means a meeting of the Council or a committee or of electors, as the context requires;\n\n2904 GOVERNMENT GAZETTE, WA 6 May 2022\nmeeting procedures means this local law;\nmember has the meaning given to it in the Act;\nMinister means the Minister responsible for administering the Act;\nobjectionable nature means offensive, derogatory or otherwise having the likely effect of causing\npeople to think less of any person;\nPresiding Member means—\n(a) in respect of the Council, the person presiding under section 5.6 of the Act; and\n(b) in respect of a committee, the person presiding under sections 5.12, 5.13, and 5.14 of the\nAct;\nprocedural motion means a motion intended to act upon the processes or procedures being\nfollowed in the meeting, as described in Part 13 of these meeting procedures;\nquorum means a minimum of 50% of the total number of offices, whether vacant or not, of the\nCouncil or the committee, unless the quorum has been reduced under section 5.7 or section 5.15\nof the Act;\nRegulations means the Local Government (Administration) Regulations 1996;\nresolution means a decision resulting from a substantive motion carried at a meeting of the\nCouncil or a committee that when implemented will cause something to be done or not done in\nrelation to a matter considered by the Council or committee;\nRules of Conduct means the Rules of Conduct set out in the Local Government (Model Code of\nConduct) Regulations 2021 and reflected in the Code of Conduct;\nsimple majority means more than 50% of the Members present and voting;\nsubstantive motion means a proposal drafted in a manner capable of expressing a decision or\nopinion of the Council or committee, in either its original or amended form, but does not include\nan amendment or a procedural motion; and\nwritten response means a reply in hardcopy or electronic written format.\n(2) Unless otherwise defined in this local law, the terms and expressions used in this local law are to\nhave the meaning given to them in the Act and Regulations.\n","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"COMMITTEES","content":"PART 2—COMMITTEES\n2.1 Establishment of committees\n(1) The establishment of committees is dealt with in the Act.\n(2) A Council resolution to establish a committee under section 5.8 of the Act is to include—\n(a) the terms of reference of the committee;\n(b) the number of members, employees and other persons to be appointed to the committee;\n(c) the names or titles of the members and employees to be appointed to the committee;\n(d) the names of other persons to be appointed to the committee or an explanation of the procedure\nto be followed to determine the appointments;\n(e) details of the delegation of any powers or duties to the committee under section 5.16 of the Act;\nand\n(f) when and how the committee is to report to the Council.\n(3) These meeting procedures apply to the conduct of committee meetings except for clause 19.4\n(relating to seating).\n2.2 Types of committees\nThe types of committees permissible are dealt with in the Act.\n2.3 Appointment, tenure and resignation of committee members\nThe appointment, tenure and resignation of committee members are dealt with in the Act and the\nRegulations.\n2.4 Delegation of some powers and duties to certain committees\nThe delegation of some powers and duties to committees, limitations on such delegation and the register\nof delegations to committees are dealt with in the Act.\n2.5 Attendance by Members at committee meetings\nA Member may attend any meeting of a committee established by the Council, even if the Member is\nnot appointed to that committee.\n2.6 Disclosure of interests\nA Member attending a committee meeting, whether or not they are a member of that committee, is to\ndeclare any financial, proximity or impartiality interest in any matter before the committee in\naccordance with Part 8 of these meeting procedures.\n\n6 May 2022 GOVERNMENT GAZETTE, WA 2905\n2.7 Participation at committee meetings\n(1) In this clause a reference to a person is to a person, including a Member, who is not a member of the\ncommittee but who—\n(a) is entitled to attend a committee meeting; and\n(b) attends a committee meeting.\n(2) A person attending a committee meeting is not to address the meeting without the consent of the\nPresiding Member.\n(3) The Presiding Member of a committee may allow a person—\n(a) to ask a question on any matter before the committee;\n(b) to make an oral submission to the committee for up to 3 minutes.\n(4) A person addressing the committee is to cease speaking if directed to do so by the Presiding Member.\n(5) A person who fails to comply with a direction of the Presiding Member under subclause (4) may be\ndirected by the Presiding Member to leave the meeting.\n(6) Failure to comply with a direction given under subclause (5) is an offence.\n2.8 Committees to report\nA committee—\n(a) is answerable to the Council; and\n(b) may submit recommendations to the Council; and\n(c) is to report on its activities when, and to the extent, required by the Council.\n","sortOrder":2},{"sectionNumber":"Part 3","sectionType":"part","heading":"MEETINGS OF COUNCIL AND COMMITTEES","content":"PART 3—MEETINGS OF COUNCIL AND COMMITTEES\n3.1 Ordinary and special meetings of Council\n(1) Ordinary and special meetings of Council are dealt with in the Act.\n(2) An ordinary meeting of the Council is to be held on a monthly basis or otherwise as determined by\nthe Council and is for the purpose of considering and dealing with the ordinary business of the Council.\n(3) A special meeting of the Council is to be held for the purpose of considering and dealing with Council\nbusiness that is urgent, complex in nature, for a particular purpose or confidential.\n3.2 Calling Council meetings\nThe calling of ordinary or special meetings of Council is dealt with in the Act.\n3.3 Convening Council meetings\n(1) The convening of an ordinary or special meeting of Council is dealt with in the Act.\n(2) Subject to subclause (3), the CEO is to give at least 72 hours’ notice, for the purposes of section 5.5(2)\nof the Act, in convening a special meeting of Council.\n(3) Where, in the opinion of the Mayor or at least one-third of the Members, there is a need for Council\nto meet urgently the CEO may give a lesser period of notice for a special meeting.\n3.4 Calling and convening committee meetings\n(1) A committee meeting is to be held—\n(a) if called for by the Mayor, the Presiding Member of that committee or any 2 members of that\ncommittee in a notice to the CEO setting out the date and proposed business of the meeting at\nleast 5 clear working days before the proposed meeting; or\n(b) if so decided by the Council or that committee.\n(2) On receipt of a notice or decision under subclause (1) the CEO is to convene a meeting of the relevant\ncommittee by giving each member notice, before the meeting, of the date, time, place and purpose of\nthe meeting.\n(3) The CEO is to prepare an agenda and ancillary documents for each committee meeting and provide\na copy to each committee member at least 48 hours before the meeting.\n3.5 Public notice of meetings\nPublic notice of meetings is dealt with in the Regulations.\n3.6 Leave of absence\n(1) The granting of leave of absence to Members is dealt with in the Act.\n(2) A Member seeking the Council’s approval to take leave of absence shall give written notice to the\nCEO prior to the commencement of the meeting.\n3.7 Agenda briefing forum may be held\n(1) The local government may convene an agenda briefing forum prior to any ordinary or special\nmeeting of the Council in order for Members to ask questions or seek further information on any matter\non the agenda of the relevant meeting and to receive deputations on matters on the agenda.\n\n2906 GOVERNMENT GAZETTE, WA 6 May 2022\n(2) The CEO is to—\n(a) advise all Members of, and publish on the local government’s website, the time and date of the\nagenda briefing forum; and\n(b) cause notes of the meeting to be kept.\n(3) A Member who has an interest in a matter to be discussed at an agenda briefing forum is to deal\nwith the interest in accordance with the provisions of Part 8 of these meeting procedures.\n(4) Members of the public may attend an agenda briefing forum except during the discussion of matters\nfor which the relevant meeting will, or is likely to be, closed to members of the public under section 5.23\nof the Act.\n(5) A person wishing to make a deputation to the Council on a matter on a Council meeting agenda will\nbe requested to make that deputation at the relevant agenda briefing forum.\n(6) These meeting procedures apply to an agenda briefing forum except that no motions are to be moved\nor debated in relation to any matters on the agenda to be considered at the Council meeting.\n3.8 Briefings and other informal meetings\n(1) In addition to agenda briefing forums under clause 3.7, the local government may conduct briefings,\nworkshops and other informal meetings for Members to discuss matters relevant to the business of the\nlocal government.\n(2) When the local government conducts briefings, workshops and other informal meetings, the CEO is\nto—\n(a) advise all Members of the time, date and purpose of the meeting; and\n(b) cause notes of the meeting to be kept.\n(3) A Member who has an interest in a matter to be discussed at briefing, workshop or other informal\nmeeting is to deal with the interest in accordance with the provisions of Part 8 of these meeting\nprocedures.\n(4) Resolutions that commit the local government to a course of action may only be made at an ordinary\nor special meeting of Council, or at a meeting of a committee in relation to the powers or duties\ndelegated to it.\n","sortOrder":3},{"sectionNumber":"Part 4","sectionType":"part","heading":"PRESIDING MEMBER","content":"PART 4—PRESIDING MEMBER\n4.1 Who presides\nWho presides at a Council meeting is dealt with in the Act.\n4.2 When Deputy Mayor can act.\nWhen the Deputy Mayor can act is dealt with in the Act.\n4.3 Election of Presiding Members and deputy Presiding Members of committees\nThe election of Presiding Members of committees and their deputies is dealt with in the Act.\n4.4 Functions of deputy Presiding Members\nThe functions of deputy Presiding Members are dealt with in the Act.\n4.5 Who acts if no Presiding Member of a committee is present\nWho acts if no Presiding Member is present is dealt with in the Act.\n4.6 Presiding Member participation in debates\n(1) The Presiding Member at a Council or committee meeting may participate in the debate of a motion\nmoved and seconded by other Members.\n(2) Subject to subclause (3), if the Presiding Member wishes to move or second a motion or an\namendment, they must cease to preside over the meeting for the duration of the debate on that motion\nor amendment.\n(3) Subclause (2) does not apply to non-debatable motions including condolence motions, congratulatory\nmotions or a motion to raise urgent business.\n4.7 Presiding Member may cast second vote\nSecond votes for Presiding Members are dealt with in the Act.\n","sortOrder":4},{"sectionNumber":"Part 5","sectionType":"part","heading":"QUORUM","content":"PART 5—QUORUM\n5.1 Quorum for meetings\n(1) The quorum for meetings is dealt with in the Act.\n(2) The reduction of the number required for a quorum is dealt with in the Act.\n5.2 Quorum to be present\nThe Council or committee is not to transact business at a meeting unless a quorum is present.\n\n6 May 2022 GOVERNMENT GAZETTE, WA 2907\n5.3 Procedure where no quorum to begin a meeting\nThe procedure where there is no quorum to begin a meeting is dealt with in the Regulations.\n5.4 Procedure where a quorum is not present during a meeting\n(1) If at any time during a meeting a quorum is not present, the Presiding Member is to immediately\nsuspend the proceedings of the meeting for a period of up to 15 minutes.\n(2) If a quorum is not present at the expiration of the period in subclause (1), the Presiding Member\nmay suspend the proceedings of the meeting for a further period of up to 15 minutes or adjourn the\nmeeting to a future time and date.\n(3) If a quorum is not present at the expiry of the further period in subclause (2), the Presiding Member\nis to adjourn the meeting to a future time and date.\n(4) A record is to be taken of all those who have spoken on the subject under consideration at the time\nof the adjournment.\n5.5 Debate on motion to be resumed\n(1) Where the debate on any motion is interrupted at a Council or committee meeting as a result of an\nadjournment under clause 5.4, that debate is to be resumed at the meeting to which it was adjourned\nat the point it was so interrupted.\n(2) Where the interruption in subclause (1) occurs at an ordinary meeting the resumption is to be at the\nnext ordinary meeting unless a special meeting is called earlier for that purpose.\n(3) Where the interruption in subclause (1) is at a special meeting, the resumption is to be at the next\nspecial meeting called to consider the same business or at the next ordinary meeting if it occurs before\na special meeting can be called.\n(4) When debate is resumed after an interruption in subclause (1), clause 12.12(1) of these meeting\nprocedures applies.\n5.6 Names to be recorded\nAt any meeting—\n(a) at which there is not a quorum present; or\n(b) which is adjourned for want of a quorum,\nthe names of the Members then present are to be recorded in the minutes.\n","sortOrder":5},{"sectionNumber":"Part 6","sectionType":"part","heading":"PUBLIC PARTICIPATION","content":"PART 6—PUBLIC PARTICIPATION\n6.1 Meetings generally open to the public\nMeetings being generally open to the public are dealt with in the Act.\n6.2 Procedure to close meetings to the public\n(1) The CEO may, at any time, recommend that a meeting or part of a meeting be closed to members of\nthe public for the meeting to deal with business of a type listed in the Act as a matter for which a\nmeeting may be closed to members of the public.\n(2) The Council or a committee may at any time, whether or not the CEO has made a recommendation\nunder subclause (1), decide by resolution in accordance with clause 13.9 to close a meeting or part of a\nmeeting to members of the public to deal with matters listed in the Act.\n(3) If a resolution under subclause (2) is made—\n(a) the Presiding Member is to direct everyone to leave the meeting except—\n(i) the Members;\n(ii) the CEO, unless the CEO has declared an interest that requires them to leave the\nmeeting; and\n(iii) any employee specified by the Presiding Member; and\n(b) the meeting is to be closed to the public until, at the conclusion of the matter justifying the\nclosure of the meeting to the public, the Council or the committee, by resolution, decides\notherwise.\n(4) A person who fails to comply with a direction under subclause (3)(a) commits an offence and may,\nby order of the Presiding Member, be removed from the Chamber.\n(5) A motion under this clause may be moved without notice.\n(6) Subject to the Regulations prescribing confidential information, when the meeting is reopened to\nmembers of the public the Presiding Member is to read out the record of decisions made while the\nmeeting was closed to members of the public.\n6.3 Question time for the public\nQuestion time for the public is dealt with in the Act and the Regulations.\n6.4 Duration of question time for the public\n(1) Minimum question time for the public is dealt with in the Regulations.\n(2) Subject to subclause (3), public question time is to be for a period of 15 minutes.\n\n2908 GOVERNMENT GAZETTE, WA 6 May 2022\n(3) The Council may, by resolution, agree to extend public question time in 5 minute increments to a\nmaximum of 30 minutes.\n6.5 General procedures for question time for the public\nGeneral procedures for question time for the public are dealt with in the Regulations.\n6.6 Receiving questions during question time for the public\n(1) Any member of the public may raise a question during public question time.\n(2) A member of the public who asks a question during public question time must—\n(a) state their name; and\n(b) direct their question to the Presiding Member; and\n(c) ask their question clearly and concisely; and\n(d) not include any statement other than the minimum information necessary to understand the\nquestion; and\n(e) not provide false or misleading information, or use offensive or derogatory language.\n(3) A member of the public who asks a question at the meeting under subclause (1) shall also provide a\nwritten copy of their question, in order to ensure accurate recording, and if requested to do so, an\nemployee of the local government may assist the person to provide their question in writing.\n(4) A person may ask a question on behalf of another person who is unable to attend the meeting subject\nto providing the Presiding Member with proof of the consent of the person on whose behalf they are\nasking the question.\n(5) The name of the person asking the question and, if applicable, the name of the person on whose\nbehalf it is asked, shall be recorded in the minutes.\n6.7 Ensuring equal and fair opportunity to ask questions\n(1) A member of the public may, prior to the meeting, register their intent to ask a question at the\nmeeting with an employee nominated by the CEO, and the employee shall record the time and date\nthat the registration was received.\n(2) Questions on notice may be submitted to the CEO in writing at least 4 clear working days prior to\nthe meeting at which they are to be asked.\n(3) The CEO shall ensure that the Presiding Member is advised at the commencement of the meeting\nof the people who wish to ask a question and the order in which the registrations of intent or questions\non notice were received.\n(4) The Presiding Member may determine the order in which questions are to be asked.\n(5) Each member of the public with a question—\n(a) is entitled to ask one question, and may ask a supplementary question with the permission of\nthe Presiding Member; and\n(b) shall be limited to 2 minutes to ask their question(s);\nbefore other members of the public are invited to ask their questions.\n(6) Where questions have been submitted in writing, each subsidiary question will be regarded as a\nseparate question for the purposes of subclause (5).\n(7) If a person who submitted a written question is not present at the meeting to ask their question, the\nPresiding Member may—\n(a) invite another person nominated by the questioner to ask the question; or\n(b) defer the question and response to the next meeting; or\n(c) declare that the question is taken on notice to be dealt with under clause 6.9; or\n(d) rule that summaries of the question and response will be entered into the minutes of the\nmeeting without being read out.\n(8) If a person who submitted a written question deferred under subclause (7)(b) is not present to ask\ntheir question at the meeting to which it was deferred, the question will be taken on notice at that\nmeeting and dealt with under clause 6.9.\n(9) If time remains in public question time after each person who registered their intent to ask a\nquestion or submitted a written question has asked their question and received a response, the\nPresiding Member may—\n(a) call upon any other members of the public present if they have a question; and\n(b) allow additional questions from persons who have already asked a question, subject to the\nprocess in subclause (5).\n6.8 Dealing with public questions\n(1) The Presiding Member shall—\n(a) if the necessary information is readily available, determine who is to respond to the question;\nor\n(b) if the necessary information must be retrieved or researched, declare that the question will be\ntaken on notice.\n(2) A response to a question—\n(a) is to be relevant and concise; and\n\n6 May 2022 GOVERNMENT GAZETTE, WA 2909\n(b) subject to subclause (3), is not to be the subject of any discussion.\n(3) If, in the opinion of a Member or the CEO, false or misleading information is contained in any\nquestion asked or statement made by a member of the public, then the Member or CEO may, with the\npermission of the Presiding Member, correct or clarify the matter.\n(4) Summaries of the questions asked at the meeting and the responses given will be included in the\nminutes of the meeting unless the question is taken on notice.\n6.9 Questions taken on notice\nWhen a question from a member of the public is taken on notice the CEO is to ensure that—\n(a) a response is given to the member of the public in writing; and\n(b) a copy of the question and response is provided to all Members at the time the response is\nprovided to the questioner; and\n(c) summaries of the question and the response are included in the agenda documents of the next\nmeeting of the Council.\n6.10 When Presiding Member may decide a public question will not be answered\nThe Presiding Member may decide that a question from a member of the public shall not be responded\nto where—\n(a) the same or a similar question was asked at a previous meeting, a response was provided, the\nanswer to the question has not changed, and the member of the public is directed to the minutes\nof the meeting at which the response was provided; or\n(b) a question asked at a special meeting is not relevant to the purpose of the meeting; or\n(c) the question relates to a matter for which a Council or committee meeting will or could be closed\nto the public under section 5.23 of the Act; or\n(d) the question relates to the private activities of any person; or\n(e) the question relates to a matter that is currently before a court or the State Administrative\nTribunal; or\n(f) the member of the public uses public question time to make a statement, provided that the\nPresiding Member has taken reasonable steps to assist the member of the public to rephrase\nthe statement as a question; or\n(g) the member of the public asks a question which, if asked by a Member, would contravene any\nwritten law, provided that the Presiding Member has taken reasonable steps to assist the\nmember of the public to rephrase the question in a manner that does not breach any written\nlaw; or\n(h) responding to the question would divert a substantial and unreasonable portion of the local\ngovernment’s resources away from its other functions; or\n(i) the Presiding Member is of the view that the question has already been answered or the matter\nadequately dealt with; or\n(j) the question seeks information that would not be made available if it was sought under the\nFreedom of Information Act 1992 or relates to a matter to which section 5.95 of the Act applies,\nor relates to any matter that is required to be kept confidential under any written law.\n6.11 Petitions\n(1) A petition is to—\n(a) be addressed to the Council;\n(b) be in a form approved by the local government;\n(c) be signed by at least 6 electors of the district;\n(d) state the request on each page of the petition;\n(e) contain the name, address and signature of each elector making the request, and the date each\nelector signed;\n(f) not contain duplicate signatories;\n(g) contain a summary of the reasons for the request;\n(h) state the name of the lead petitioner to whom, and an address at which, notice to the petitioners\ncan be given; and\n(i) be respectful in its language.\n(2) Upon receiving a valid petition relating to a matter to be considered by Council, the local government\nis to ensure the petition is provided to the relevant employee for consideration in the report on the\nmatter that is the subject of the petition.\n(3) On the presentation of a petition, the Council shall acknowledge the petition and—\n(a) give due consideration to the petition when deliberating on the relevant matter listed on the\nsame agenda; or\n(b) refer it to a committee for consideration and report; or\n(c) direct that a report on the matters raised be prepared by a date determined by Council; or\n(d) take no further action.\n\n2910 GOVERNMENT GAZETTE, WA 6 May 2022\n(4) At any meeting, the Council is not to vote on any matter that is the subject of a petition presented\nto that meeting, unless—\n(a) the matter is the subject of a report included in the agenda; and\n(b) the Council has considered the issues raised in the petition.\n(5) A summary of the petition, the name and suburb of the lead petitioner and the decision of Council\nunder subclause (3) are to be included in the minutes of the meeting.\n6.12 Deputations\n(1) A member of the public or representative of a community group may seek to make a deputation to\nthe Council or a committee on a matter to be considered at a Council or committee meeting.\n(2) Deputations on matters to be considered at Council meetings will be received at the relevant agenda\nbriefing forum held prior to the meeting, unless the matter for which the deputation has been requested\nwas not included in the agenda briefing forum related to the meeting.\n(3) Persons wishing to make a deputation may—\n(a) apply, before the relevant agenda briefing forum or meeting, to the CEO for approval; or\n(b) seek the approval of the Presiding Member, at the agenda briefing forum or the meeting, to\naddress the Council or committee.\n(4) An application to make a deputation under subclause (3)(a)—\n(a) is to be made in the form and within the timeframe approved by the local government; and\n(b) is to relate to an item on the agenda of the agenda briefing forum or meeting at which the\ndeputation is to be made.\n(5) On receipt of an application for a deputation under subclause (3)(a), the CEO may—\n(a) approve the request and invite the deputation to attend the relevant agenda briefing forum or\nmeeting; or\n(b) refer the request to the Mayor or Presiding Member to approve or reject the request.\n(6) On receipt of an application for a deputation referred by the CEO under subclause (5)(b), the Mayor\nor Presiding Member may—\n(a) approve the request and invite the deputation to attend the relevant agenda briefing forum or\nmeeting; or\n(b) reject the request.\n(7) Where a person or group seeks, at an agenda briefing forum or at a Council or committee meeting,\napproval to make a deputation to the Council or relevant committee, the Presiding Member may—\n(a) rule that the deputation be received; or\n(b) rule that the deputation not be received.\n(8) Unless the Council resolves otherwise, a deputation invited to attend an agenda briefing forum or\nmeeting—\n(a) is not to exceed 3 persons, only 2 of whom may address the Council or committee, although\nothers may respond to specific questions from Members; and\n(b) may speak for a period not exceeding 10 minutes unless an extension of time is granted by the\nPresiding Member or committee on a motion without debate, but a deputation’s total speaking\ntime must not exceed 15 minutes.\n(9) Members of a deputation—\n(a) are not to make offensive, defamatory, false or misleading statements to the Council or\ncommittee; and\n(b) if wishing to table documents in support of their position, must provide a copy of each document\nto the local government prior to the meeting; and\n(c) if wishing to present information in video or slideshow format to the Council or committee,\nmust provide the material to the CEO prior to the agenda briefing forum or meeting in an\napproved format to permit inspection for cyber-security risks.\n(10) A period not exceeding 5 minutes will be given for Members to ask questions of the deputation and\nreceive answers, with additional question time granted at the discretion of the Presiding Member in\ncircumstances where the matter is unclear.\n(11) Any Member may, with the permission of the Presiding Member, ask questions of a member of a\ndeputation but is not to make a statement on the matter.\n(12) Any Member or the CEO may draw the Presiding Member’s attention to an alleged breach of\nsubclause (9)(a) by a member of a deputation.\n(13) If the Presiding Member rules that a member of a deputation has made an offensive, defamatory,\nfalse or misleading statement, the Presiding Member may—\n(a) direct the person to withdraw the offensive or defamatory statement or to correct the false or\nmisleading statement; or\n(b) direct the person to cease speaking and be seated.\n(14) A person who does not comply with a direction under subclause (13) may be directed by the\nPresiding Member to leave the meeting.\n(15) A person who does not comply with a direction to leave the meeting under subclause (14) commits\nan offence.\n\n6 May 2022 GOVERNMENT GAZETTE, WA 2911\n(16) Any matter which is the subject of an approved deputation to the Council is not to be decided by\nthe Council until the deputation has completed its presentation.\n(17) Documents provided by a deputation under subclause (9)(b) are deemed to be documents tabled at\nthe meeting for the purposes of section 5.94(p)(i) and section 5.96(h)(i) of the Act.\n(18) The minutes are to record the names of the members of the deputation and where relevant the\nname of the organisation that they represent.\n6.13 Written submissions\n(1) A person or group wishing to bring a particular issue to the attention of Council or a committee on\na matter to be decided at a Council or committee meeting may make a written submission.\n(2) Written submissions on matters to be considered at a Council meeting must be received by the CEO\nat least 3 working days before the relevant agenda briefing forum held prior to the meeting, unless the\nmatter to which the submission relates was not included in the agenda briefing forum related to the\nmeeting.\n(3) Written submissions on matters to be considered at committee meetings must be received by the\nCEO at least 3 working days before the meeting.\n(4) The CEO shall send a copy of any submissions received under subclauses (2) and (3) to all Elected\nMembers at least 2 working days before the agenda briefing forum or meeting to which it refers.\n(5) At the meeting at which the matter is to be considered, the Presiding Member shall advise the\nmeeting of the written submissions that had been submitted and circulated prior to the meeting.\n6.14 Public hearings\n(1) Where an item on the agenda at a Council meeting has attracted significant public interest and/or\nmultiple requests for deputations, a meeting in the form of a public hearing to provide a greater\nopportunity for members of the public to be heard may be held—\n(a) if called for by the Mayor or one-third of the Members in a notice to the CEO; or\n(b) if resolved by the Council.\n(2) Where a public hearing is called under subclause (1), the CEO shall—\n(a) in consultation with the Mayor, set the time, date and place of the public hearing;\n(b) publish details for the public hearing and the purpose of the public hearing on the local\ngovernment’s official website as soon as practicable after the decision is made, with advice on\nhow to lodge requests for deputations;\n(c) send a written invitation to address the public hearing to all members of the public who have\napplied under clause 6.12(3)(a) to make a deputation on the issue; and\n(d) cause notes of the public hearing to be taken.\n(3) A public hearing held under subclause (1) shall be conducted only to hear submissions from members\nof the public and is not a decision-making meeting of Council.\n(4) The provisions of subclauses (8) to (15) of clause 6.12 shall apply to members of deputations\nparticipating in a public hearing.\n(5) The CEO is to ensure that a report is included on the agenda of the next Council meeting\nsummarising each submission made at the public hearing and recording the names of all Members\npresent at that public hearing.\n6.15 No unauthorised recording of proceedings\n(1) A person is not to make a visual or audio record of the proceedings of an agenda briefing forum, a\nCouncil meeting or a committee meeting without the permission of the Presiding Member.\n(2) If the Presiding Member gives permission under subclause (1), they are to advise the forum or\nmeeting, before the recording is commenced, that such permission has been given, the name of the\nperson to whom it has been given, and the nature and extent of that permission.\n6.16 Public inspection of agenda materials\nPublic inspection of agenda materials is dealt with in the Regulations.\n","sortOrder":6},{"sectionNumber":"Part 7","sectionType":"part","heading":"BUSINESS OF A MEETING","content":"PART 7—BUSINESS OF A MEETING\n7.1 Business to be specified\n(1) No business is to be transacted at any ordinary meeting of the Council or committee other than that\nspecified in the agenda, without the approval of the Presiding Member or a decision of the Council or\ncommittee in accordance with clauses 7.4 or 7.5 of these meeting procedures.\n(2) No business is to be transacted at a special meeting of the Council or committee other than that\ngiven in the notice as the purpose of the meeting.\n\n2912 GOVERNMENT GAZETTE, WA 6 May 2022\n(3) No business is to be transacted at an adjourned meeting of the Council or committee other than\nthat—\n(a) specified in the notice of the meeting which had been adjourned; and\n(b) which remains unresolved,\nexcept where the meeting was adjourned to the next ordinary meeting of the Council or scheduled\nmeeting of a committee, when the business unresolved at the adjourned meeting is to be the first\nbusiness to be considered at that meeting.\n(4) Despite subclauses (2) and (3), the CEO may include on the agenda of a Council or committee\nmeeting in an appropriate place within the order of business any matter which must be decided, or\nwhich they consider is appropriate to be decided, by that meeting.\n(5) The CEO may remove any item on the agenda prior to the commencement of the meeting at which\nthe item is to be considered, and is to advise the Mayor or Presiding Member who will inform the Council\nor committee.\n(6) The CEO is to provide written reasons for the withdrawal of an item under subclause (5), which are\nto be noted in the minutes of the meeting where the item was to be considered.\n7.2 Order of business\n(1) Unless otherwise decided by the Council, the order of business at any ordinary meeting of the\nCouncil is to be as follows—\n1. Official opening\n2. Attendance and apologies\n(a) Members present and employees in attendance\n(b) Apologies\n(c) Approved leaves of absence\n3. Declarations by Members\n4. Announcements by the Presiding Member without discussion and identification of approved\ndeputations\n5. Disclosures of interest\n6. Public Question Time\n7. Awards and presentations\n8. Applications for new leaves of absence\n9. Confirmation of Minutes\n10. New business of an urgent nature\n11. Identification of matters for which meeting may be closed\n12. Petitions\n13. Adoption of recommendations en bloc\n14. Reports and related approved deputations\n(a) From committees\n(b) From employees\n15. Motions of which previous notice has been given\n16. Motions without notice (introduced by absolute majority decision)\n17. Matters for which the meeting is to be closed to the public\n18. Reading of decisions made while meeting closed to the public\n19. Closure\n(2) Unless otherwise decided by the committee, the order of business at any ordinary meeting of a\ncommittee is to be as follows—\n1. Official opening\n2. Attendance and apologies\n(a) Members present and employees in attendance\n(b) Apologies\n(c) Approved leave of absence\n3. Announcements by the Presiding Member without discussion\n4. Declarations by Members\n5. Disclosures of Interest\n6. Confirmation of Minutes\n7. Public question time (if applicable)*\n8. Deputations (if applicable)*\n9. Business\n10. Motions of which previous notice has been given\n11. Next meeting\n12. Closure\n\n6 May 2022 GOVERNMENT GAZETTE, WA 2913\n* Items 7 and 8 in subclause (2) are applicable to meetings of committees to which powers\nor duties have been delegated under s.5.16 of the Act.\n(3) Unless otherwise decided by the Council or the committee, the order of business at any special\nmeeting of the Council or committee is to be the order in which that business stands in the agenda of\nthe meeting.\n7.3 Motions of which previous notice has been given\n(1) Unless the Act, Regulations or these meeting procedures otherwise provide, a Member may raise at\na meeting such business as they consider appropriate, in the form of a motion of which notice has been\ngiven in writing to the CEO and which has been included on the agenda.\n(2) A notice of motion submitted under subclause (1) is to be in the form approved by the local\ngovernment and is to be given to the CEO 4 clear working days before the meeting at which the motion\nis to be moved.\n(3) A motion of which notice is given under subclause (1) is not to—\n(a) be of an objectionable nature; or\n(b) breach any of these meeting procedures or any written law; or\n(c) be similar in intent or substance to a notice of motion or a motion which has been previously\nraised or resolved.\n(4) The CEO may, after consultation with the member, make such amendments to the form but not the\nsubstance as will bring the notice of motion into due form.\n(5) If, in the opinion of the CEO, a notice of motion submitted by a Member contravenes, or is likely to\ncontravene, subclause (3), the CEO—\n(a) shall advise the Member of the suspected contravention or potential contravention, which\nunless addressed, may result in the notice of motion being excluded from the notice paper;\n(b) may, if the concerns are not addressed and with the concurrence of the Presiding Member,\nexclude from the notice paper any notice of motion believed to contravene, or likely to involve\na contravention of subclause (3); and\n(c) shall inform all Members on each occasion that a notice has been excluded and the reasons for\nthat exclusion.\n7.4 New business of an urgent nature\n(1) In this clause, cases of extreme urgency or other special circumstances means matters—\n(a) that have arisen after the preparation of the agenda that are considered by the Presiding\nMember to be of such importance and urgency that they are unable to be dealt with\nadministratively by the local government and must be considered and dealt with by the Council\nbefore the next meeting; and\n(b) that, if not dealt with at the meeting, are likely to—\n(i) have a significant financial or other adverse effect on the local government or the\ncommunity; or\n(ii) result in a contravention of a written law.\n(2) In cases of extreme urgency or other special circumstances, matters may, on a motion by the\nPresiding Member that is carried by the meeting, be raised without notice and decided by the meeting.\n(3) Before debate begins on a matter under this clause that is not the subject of a written report by an\nemployee, the CEO is to give a verbal report to the meeting that addresses the matters in subclause\n(1)(b).\n(4) If subclause (3) applies, the minutes of the meeting must include—\n(a) a summary of the verbal report and any recommendations of the CEO; and\n(b) the reasons for any decision made at the meeting that is significantly different from any\nrecommendations of the CEO.\n7.5 Council may agree to consider motion without notice\n(1) Council may, by absolute majority decision, resolve to consider a motion without notice that does\nnot deal with a “case of extreme urgency or other special circumstances” as defined under clause 7.4(1).\n(2) A motion moved without notice under subclause (1) shall be limited to seeking a decision that a\nmatter be investigated and a report submitted to Council or to a committee.\n7.6 Announcements by Presiding Member without discussion\nAt any meeting of the Council or committee the Presiding Member may announce or raise any matter\nof interest or affecting the local government and there is to be no discussion on the matter unless the\nCouncil or committee resolves otherwise.\n7.7 Distinguished visitors\nIf a distinguished visitor is present at a meeting of the Council, the Presiding Member may acknowledge\nthe presence of the distinguished visitor at an appropriate time during the meeting, and the presence\nof that visitor shall be recorded in the minutes.\n7.8 Presentations\n(1) In this clause, presentation means the acceptance of a gift or award by the Council on behalf of the\nlocal government or the community.\n\n2914 GOVERNMENT GAZETTE, WA 6 May 2022\n(2) A presentation may be made to the Council at a meeting only with the prior approval of the CEO in\nconsultation with the Mayor.\n","sortOrder":7},{"sectionNumber":"Part 8","sectionType":"part","heading":"DISCLOSURE OF INTERESTS","content":"PART 8—DISCLOSURE OF INTERESTS\n8.1 Disclosure of financial and proximity interests\nThe requirements for disclosure of financial and proximity interests are dealt with in the Act.\n8.2 Disclosure of impartiality interests\nThe requirements for disclosure of interests other than financial or proximity interests referred to in\nsection 5.60 of the Act are dealt with in the Code of Conduct.\n8.3 Disclosure not to be used to comment on the matter\nA Member disclosing an interest is to restrict their statement of disclosure to the nature and extent of\nthe interest and is not seek to influence the opinion of other Members on the matter in which they are\ndisclosing the interest.\n8.4 Participation by members disclosing interests\n(1) The participation in discussion and decision-making by a Member who has disclosed a financial or\nproximity interest in a matter is dealt with in the Act.\n(2) The procedures and requirements for a Council to allow participation in discussion and decision-\nmaking by a Member disclosing a financial or proximity interest in a matter are dealt with in the Act.\n(3) A Member who has disclosed an impartiality interest in a matter under clause 8.2 may choose to\nleave the meeting while the matter is dealt with but if they remain present in the meeting they must\nvote as required under s.5.21 of the Act.\n8.5 On-going disclosure required\nThe obligation to disclose an interest under this Part applies in regard to each meeting at which the\nmatter that is the subject of the interest arises.\n8.6 Substitution of deputy at committee meetings\nWhere a Member discloses a financial or proximity interest on an item and withdraws from a meeting\nof a committee, the Presiding Member may invite the disclosing Member’s deputy, if present, to\nparticipate as a Member of the committee in place of the disclosing Member during the consideration\nof that item.\n8.7 Separation of committee recommendations\nWhere at a committee meeting a Member has disclosed an interest in a matter and the matter is\ncontained in the recommendation of the committee to an ordinary or special meeting of the Council or\nto another committee meeting that will be attended by the Member—\n(a) the recommendation concerned is to be separated on the agenda of that ordinary meeting or\nother committee meeting, from other recommendations of the committee, and\n(b) the Member concerned is to declare the interest and comply with the relevant requirements of\nthe Act, the Code of Conduct and these meeting procedures when the matter is being\nconsidered.\n","sortOrder":8},{"sectionNumber":"Part 9","sectionType":"part","heading":"ADVICE AND RECOMMENDATIONS","content":"PART 9—ADVICE AND RECOMMENDATIONS\n9.1 Advice to Council by CEO\nThe functions of the CEO in providing advice and information to the Council are dealt with in the Act.\n9.2 Advice to Council by committees\nA committee may make a recommendation to the Council which—\n(a) is relevant to the purpose for which the committee is established by the Council; and\n(b) the committee considers requires consideration by the Council.\n","sortOrder":9},{"sectionNumber":"Part 10","sectionType":"part","heading":"QUESTIONS FROM MEMBERS","content":"PART 10—QUESTIONS FROM MEMBERS\n10.1 Questions to employees on matters on the agenda\n(1) A Member who wishes to seek general information on a matter on the agenda of the meeting shall\naddress the question to the Presiding Member who may invite an employee present at a Council\nmeeting, agenda briefing forum or committee meeting to respond.\n(2) The employee is to answer each question concisely and to the best of their knowledge and ability\nbut, if the information is unavailable or requires research or investigation, the employee may ask that\nthe question be taken on notice and the answer be given to all Members within 5 working days.\n(3) In answering any question, an employee may qualify their answer and may at a later time in the\nforum or meeting, or at a later meeting, alter, correct, add to or otherwise amend their original answer.\n\n6 May 2022 GOVERNMENT GAZETTE, WA 2915\n10.2 Questions during debate\n(1) At any time during the debate on a motion before the motion is put, a Member may, with the consent\nof the Presiding Member, ask one or more questions of another Member or an employee present at the\nmeeting.\n(2) The Presiding Member will determine who is to answer a question asked under subclause (1).\n(3) Subject to compliance with subclause (4) a Member who asks one or more questions will not be taken\nto have spoken on the matter.\n(4) A question asked by a Member is to be direct and to the point and is not to be prefaced by comment\nor other information except where that information is required for the question to be adequately\nunderstood.\n10.3 Restrictions on questions and answers\nQuestions under clause 10.2 and answers to those questions—\n(a) are to be concise and relevant; and\n(b) are not to be accompanied by—\n(i) any argument, expression of opinion or statement, except so far as may be necessary to\nexplain the question or answer; or\n(ii) any discussion or subsequent question, except with the consent of the Presiding Member.\n","sortOrder":10},{"sectionNumber":"Part 11","sectionType":"part","heading":"SUBSTANTIVE MOTIONS AND AMENDMENTS","content":"PART 11—SUBSTANTIVE MOTIONS AND AMENDMENTS\n11.1 Motions to be supported\n(1) A motion of which notice has been given is to lapse unless—\n(a) the Member who gave notice of it, or some other Member authorised by the originating Member\nin writing, moves the motion when called on; and\n(b) the motion is seconded.\n(2) If a motion lapses under subclause (1), notice of a motion in the same terms or to the same effect is\nnot to be given again for at least 3 months from the date of such lapse unless Council resolves otherwise.\n(3) A motion does not lapse under subclause (1) if—\n(a) the Member who gave notice of the motion submits a written request to the Presiding Member\nprior to the meeting to defer consideration of the motion to a specified meeting, and the\nPresiding Member consents to the deferral; or\n(b) the Council or committee resolves to defer consideration of the motion to a later stage or date.\n(4) A motion to revoke or change a decision made at a Council meeting is not to be debated unless the\nmotion has the support required under the Regulations.\n11.2 Certain motions may be ruled out of order\nIf the Presiding Member at any meeting is of the opinion that any motion proposed—\n(a) is of an objectionable nature; or\n(b) if carried, would conflict with these meeting procedures or breach any written law; or\n(c) if carried, would be incapable of being actioned or implemented by the local government,\nthe Presiding Member may, either before or after the matter is brought forward, rule that the motion\nis out of order and will not be considered.\n11.3 Motions to deal with reports and committee recommendations\nA Member may, with respect to recommendations to Council contained in a report prepared by an\nemployee or recommendations submitted by a committee, move a motion that—\n(a) the Council adopt all or specified recommendations; or\n(b) the Council reject the recommendations; or\n(c) the Council adopt an alternative motion of which notice was given under clause 11.5(2)(a); or\n(d) the matter be deferred and additional information be provided to Council.\n11.4 Adoption of recommendations\n(1) Where the Council decides to adopt a recommendation submitted by a committee or contained in a\nreport prepared by an employee of the local government, either with or without amendment, the\nrecommendation so adopted is taken to be a resolution of the Council or committee.\n(2) Where the Council makes a resolution that is significantly different from the relevant written\nrecommendation of a committee or employee, the reasons must be recorded as prescribed in the\nRegulations.\n11.5 Alternative motions\n(1) In this clause and clause 11.6, alternative motion means a substantive motion that negates the\nterms and intent of—\n(a) a recommendation in a report submitted by a committee or prepared by an employee ; or\n\n2916 GOVERNMENT GAZETTE, WA 6 May 2022\n(b) a substantive motion,\nthat is being considered, or is to be considered, by the Council.\n(2) A Member who wishes the Council to consider an alternative motion must either—\n(a) give notice in accordance with clause 7.3 of a motion that negates or substantially differs from\nthe recommendations contained in a report submitted by a committee or prepared by an\nemployee; or\n(b) foreshadow the alternative motion during the debate before the right of reply in respect of the\nsubstantive motion has commenced.\n11.6 Dealing with alternative motions\n(1) Where a Member has given notice of a motion under clause 11.5(2)(a), that motion is taken to be a\nforeshadowed alternative motion and is to be the substantive motion that is first considered by the\nCouncil.\n(2) If notice of more than one alternative motion is received under clause 11.5(2)(a), the Presiding\nMember is to call for them in the order in which they were received unless one of the alternative motions\nreceived is carried, in which case the subsequent alternative motions with notice on the same matter\nlapse.\n(3) If all alternative motions with notice on a matter are lost, the Presiding Member is to call for a\nmotion to adopt the recommendations submitted by the committee or contained in the report prepared\nby an employee .\n(4) Where a Member has foreshadowed an alternative motion under clause 11.5(2)(b), then if the\nsubstantive motion is lost, the Presiding Member must call on the Member who foreshadowed the\nalternative motion to move the alternative motion.\n(5) If the substantive motion is passed, the foreshadowed alternative motion is not to be moved.\n(6) Once moved and seconded, the foreshadowed alternative motion becomes the substantive motion\nand the same procedures and rules of debate apply to this motion as to any other substantive motion.\n(7) If more than one foreshadowed alternative motion is proposed for any item before the Council, the\nPresiding Member must deal with them in the order in which they were foreshadowed except that if an\nalternative motion is carried, all subsequent foreshadowed alternative motions on the same matter\nlapse.\n(8) Where an alternative motion is carried and results in a decision that significantly differs from the\nrelevant written recommendation of an employee or a committee, clause 11.4(2) applies.\n11.7 Adoption of recommendations en bloc\n(1) Subject to subclause (2), a Member may move a motion to adopt by one resolution, all the\nrecommendations or a group of recommendations from a committee or several reports, without\namendment or qualification, after having first identified those recommendations.\n(2) If any recommendation identified under subclause (1) relates to a matter—\n(a) which requires adoption by absolute majority vote;\n(b) in which an interest subject to s.5.67 of the Act has been disclosed;\n(c) that has been the subject of a petition or deputation;\n(d) which any Member has indicated a wish to debate; or\n(e) in which any Member has indicated a wish to ask a question or to raise a point of clarification,\nit must be considered separately.\n11.8 Unopposed business\n(1) Immediately after a substantive motion has been moved and seconded, the Presiding Member may\nask the meeting if any Member opposes it.\n(2) If no Member opposes the motion, the Presiding Member may declare it carried without debate and\nwithout taking a vote.\n(3) A motion declared carried under subclause (2) is to be recorded in the minutes as a unanimous\ndecision of the Council or committee.\n(4) If a Member indicates that they oppose a motion, the motion is to be dealt with under this Part of\nthese meeting procedures.\n(5) This clause does not apply to a motion to revoke or change a decision which has been made at a\nCouncil meeting, which must be dealt with under Part 15 of these meeting procedures.\n11.9 Only one substantive motion to be dealt with at a time\nWhen a substantive motion is under debate at a meeting of the Council or committee, no further\nsubstantive motion is to be accepted until after a decision has been made on that motion.\n11.10 Withdrawing motions\n(1) A motion or amendment may be withdrawn by the mover, with the consent of the seconder, and no\nMember is to speak on it after it has been withdrawn.\n(2) If an amendment has been proposed to a substantive motion, the substantive motion cannot be\nwithdrawn, except by the consent of the majority of Members, until the amendment proposed has been\nwithdrawn or lost.\n\n6 May 2022 GOVERNMENT GAZETTE, WA 2917\n11.11 Amendments\n(1) A Member may move an amendment to a substantive motion at any time during debate on the\nmotion, except—\n(a) if the mover has been called by the Presiding Member to exercise their right of reply; or\n(b) if the Member has already spoken to the substantive motion;\n(c) if another amendment is being debated, or has not been withdrawn, carried or lost; or\n(d) during debate on a procedural motion.\n(2) The mover of a motion may not move an amendment to their own substantive motion after it has\nbeen moved.\n(3) An amendment—\n(a) must be relevant to the substantive motion to which it is moved; and\n(b) must not have the effect of negating or significantly changing the intent of the substantive\nmotion.\n(4) An amendment to a substantive motion must take one of the following forms—\n(a) that certain words or parts be omitted;\n(b) that certain words or parts be omitted and others substituted or added; or\n(c) that certain words be added.\n(5) An amendment that is not an alternative motion under clause 11.5, but would significantly alter the\neffect of a motion of which notice has been given under clause 7.3, is not to be considered unless—\n(a) written notice of the amendment is provided in a form approved by the local government; and\n(b) the written notice is received by the CEO by 11:30am on the last working day preceding the\nday of the meeting at which the relevant motion is to be considered; and\n(c) the notice of the amendment has been distributed to all Members at least 4 hours before the\nmeeting at which it is to be moved.\n(6) When an amendment is proposed and seconded, then the discussion on the original motion is\nsuspended until the amendment is carried or lost or withdrawn.\n(7) An amendment may be further amended only once and is subject to subclauses (2), (3), (4) and (5)\nas though the original amendment were a substantive motion.\n(8) Where an amendment is carried, the substantive motion as amended is, for the purposes of all\nsubsequent debate, to be treated as the substantive motion.\n(9) Subsequent amendments to the motion may be proposed but must not—\n(a) seek to negate a previous amendment that was carried; or\n(b) seek to substantially replicate a previous amendment that was lost.\n","sortOrder":11},{"sectionNumber":"Part 12","sectionType":"part","heading":"DEBATE OF MOTIONS","content":"PART 12—DEBATE OF MOTIONS\n12.1 Order of call in debate\nThe 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 support the motion;\n(c) the mover to speak to the motion;\n(d) the seconder to speak to the motion;\n(e) a speaker against the motion;\n(f) a speaker for the motion;\n(g) other speakers against and for the motion, alternating where possible; and\n(h) the mover to exercise their right of reply which closes debate.\n12.2 Seconding motions\n(1) A Member seconding a substantive motion has the right to speak once on the motion—\n(a) immediately after the mover of the motion has spoken; or\n(b) with the consent of the Presiding Member, at a later time in the debate.\n(2) If a motion would otherwise lapse under clause 11.1(1)(b), the Presiding Member may accept an\noffer from a Member to second the motion without speaking in support of it, in order for the motion to\nbe debated.\n12.3 Members to indicate their intention to speak\nA Member who wishes to speak is to indicate their intention to speak by raising their hand or by another\nmethod agreed by the Council.\n12.4 Priority of speaking\n(1) When invited by the Presiding Member to speak, Members shall address the meeting through the\nPresiding Member.\n\n2918 GOVERNMENT GAZETTE, WA 6 May 2022\n(2) Where two or more Members indicate, at the same time, their intention to speak, the Presiding\nMember is to decide which Member is entitled to be heard first.\n(3) A decision of the Presiding Member under subclause (2) is not open to discussion or dissent.\n12.5 Debate may be limited\nThe Presiding Member may offer the right of reply and put a substantive motion to the vote if they\nbelieve that sufficient discussion has taken place even though all Members may not have spoken.\n12.6 Member may require the motion to be read\nA Member may require the motion or matter under discussion to be read at any time during a debate,\nbut not so as to interrupt any other Member who is speaking.\n12.7 Consent of seconder required for alteration\nThe mover of a substantive motion may not alter the wording of the motion without the consent of the\nseconder.\n12.8 Who may speak on an amendment\nAny Member including the mover of the substantive motion may speak during debate on an\namendment.\n12.9 Right of reply\n(1) The mover of a substantive motion or an amendment has the right of reply prior to the Presiding\nMember putting the motion or the amendment to the vote.\n(2) The right of reply is confined to rebutting arguments raised by previous speakers and no new matter\nis to be introduced.\n(3) Once the right of reply has been exercised, there shall be no further discussion on the motion.\n(4) When all amendments have been dealt with and the mover of the original motion has exercised their\nright of reply, the original motion or the original motion as amended is immediately to be put to the\nvote.\n12.10 Personal explanation\n(1) A Council or a committee member wishing to make a personal explanation of matters referred to by\nany Council or committee member who is then speaking, is entitled to be heard—\n(a) immediately, if the Council or committee member then speaking consents at the time, or\n(b) at the conclusion of the speech if the Council or committee member who is speaking declines to\ngive way.\n(2) A personal explanation is to be concise, factual, directly relevant to the perceived misunderstanding\nand for a period of no more than 3 minutes.\n(3) A Member making a personal explanation is not to seek to strengthen their former argument by\nintroducing new matter, by replying to other Members or by making adverse reflection on any person.\n12.11 Limitation on Members speaking\n(1) A Member is not to address the Council more than once on any motion or amendment except—\n(a) as the mover of a motion, to exercise a right of reply; or\n(b) to raise a point of order; or\n(c) to make a personal explanation; or\n(d) subject to clause 10.3, to ask a question.\n(2) A Member may speak on a motion or amendment, or exercise their right of reply, for a period not\nexceeding 5 minutes, unless an extension of time of up to 5 minutes is granted by the Council without\ndebate, but a Member’s total speaking time must not exceed 10 minutes.\n(3) When a Member’s allotted speaking time has expired, they must immediately cease speaking.\n(4) A Member is not to speak on any motion or amendment—\n(a) after the mover has exercised their right of reply; or\n(b) after the question has been put.\n","sortOrder":12},{"sectionNumber":"Part 13","sectionType":"part","heading":"PROCEDURAL MOTIONS","content":"PART 13—PROCEDURAL MOTIONS\n13.1 Permissible procedural motions\nIn addition to the right to move an amendment to a substantive motion, a Member may move the\nfollowing procedural motions during debate—\n(a) that the motion be deferred;\n(b) that the motion now lie on the table;\n(c) that the motion be now put;\n(d) that the meeting proceed to the next item of business;\n(e) that the meeting now adjourn;\n(f) that the meeting be closed to the public;\n\n6 May 2022 GOVERNMENT GAZETTE, WA 2919\n(g) that the ruling of the Presiding Member be disagreed with;\n(h) that the Member be no longer heard;\n(i) that a committee recommendation be referred back to the originating committee, or any other\ncommittee or a later Council meeting.\n13.2 No debate on procedural motion\n(1) The mover of a motion specified in clause 13.1 (a), (b), (d), (e), (f), (h), or (i) may speak to the motion\nfor not more than 2 minutes.\n(2) The mover of a motion specified in clause 13.1 (c) or (g) may not speak to the motion.\n(3) For all procedural motions specified in clause 13.1, the seconder is not to speak other than to formally\nsecond the motion, and there is to be no debate on the motion.\n13.3 Limits on closure of debate\n(1) With the exception of clause 13.1(h) no person who has moved, seconded, or spoken for or against\nthe substantive motion, or any amendment to the substantive motion, may move any procedural motion\nwhich, if carried, would close the debate on the substantive motion or amendment.\n(2) The mover of a substantive motion retains their right of reply despite the carrying of a procedural\nmotion which closes debate and forces a decision on the substantive motion or amendment.\n13.4 Effect of motion—that the motion be deferred\n(1) A motion “that the motion be deferred” as listed in clause 13.1(a) must specify a time and date at\nwhich the substantive motion is to be resubmitted for consideration.\n(2) If a motion “that the motion be deferred”, is carried, then all debate on the substantive motion and\nany amendment is to cease and the motion or amendment is to be resubmitted for consideration at the\ntime and date specified in the motion.\n(3) A motion “that the motion be deferred” must not be moved in respect of the election of a Presiding\nMember of a committee or the Deputy Mayor.\n(4) A Member must not, at the same meeting, move or second more than one motion “that the motion\nbe deferred” in respect of the same item.\n(5) Where debate on a motion is interrupted by deferring a motion under subclause (1)—\n(a) the names of Members who have spoken on the matter are to be recorded in the minutes; and\n(b) the provisions of clause 12.11 apply when the debate is resumed.\n13.5 Effect of motion—that the motion now lie on the table\n(1) If a motion “that the motion now lie on the table” as listed in clause 13.1(b) is carried, then all debate\non the substantive motion and any amendment is to cease and the meeting is to proceed to the next\nitem of business.\n(2) Debate on the motion laid on the table is to be adjourned until such time (if any) as the Council\nresolves to take the motion from the table.\n(3) Where debate on a motion is interrupted by laying a motion on the table under subclause (1)—\n(a) the names of Members who have spoken on the matter are to be recorded in the minutes; and\n(b) the provisions of clause 12.11 apply when the debate is resumed.\n(4) A motion “that the motion now lie on the table” must not be moved in respect of the election of a\nPresiding Member or the Deputy Mayor.\n(5) A Member moving that the motion be taken from the table is entitled to speak first on the\nresumption of the debate.\n13.6 Effect of motion—that the motion be now put\n(1) If the motion “that the motion be now put” as listed in clause 13.1(c) is carried during debate on a\nsubstantive motion without amendment, the Presiding Member is to offer the right of reply to the mover\nof the substantive motion and then put the motion to the vote without further debate.\n(2) If the motion “that the motion be now put” is lost, debate on the substantive motion is to continue.\n(3) The Presiding Member may refuse to accept the motion “that the motion be now put” and shall\nrefuse if in their opinion the closure will have the effect of unfairly limiting debate before the principal\narguments for or against have been presented.\n(4) The decision of the Presiding Member under subclause (3) shall be binding unless dissented from,\nbut shall not preclude the acceptance of a motion that at a later time “the motion be now put.”\n13.7 Effect of motion—that the meeting proceed to the next item of business\nIf the motion “that the meeting proceed to the next item of business” as listed in clause 13.1(d) is carried,\nthen—\n(a) all debate on the substantive motion or amendment is to cease immediately; and\n(b) the mover may not exercise their right of reply; and\n(c) no decision is made on the substantive motion; and\n(d) the Council or committee moves to the next item of business; and\n(e) there is no requirement for the matter to be raised again for consideration.\n\n2920 GOVERNMENT GAZETTE, WA 6 May 2022\n13.8 Effect of motion—that the meeting now adjourn\n(1) A motion “that the meeting now adjourn” as listed in clause 13.1(e)—\n(a) is to state the time and date to which the meeting is to be adjourned; and\n(b) if carried, has the effect that the meeting is immediately adjourned to the time and date\nspecified in the motion.\n(2) Before putting the motion for the adjournment of the Council or committee meeting, the Presiding\nMember may seek leave of the Council or committee to deal first with matters that may be the subject\nof an en bloc resolution.\n(3) A Member is not to move or second more than one motion of adjournment during the same meeting\nof the Council or committee.\n(4) A meeting adjourned under subclause (1) is to continue from the point at which it was adjourned,\nunless the Presiding Member or the Council or committee, by simple majority, determines otherwise.\n13.9 Effect of motion—that the meeting be closed to the public\n(1) The reasons for which a meeting may be closed to members of the public are listed in the Act and\nRegulations.\n(2) A motion “that the meeting be closed to members of the public” as listed in clause 13.1(f) must specify\nthe reason why the meeting is to be closed to members of the public.\n(3) If the motion “that the meeting be closed to members of the public” is carried then the Presiding\nMember is to close the meeting in accordance with clause 4.2.\n(4) A decision to close a meeting or part of a meeting and the reason for the decision are to be recorded\nin the minutes of the meeting.\n13.10 Effect of motion—that the ruling of the Presiding Member be disagreed with\n(1) If the motion “that the ruling of the Presiding Member be disagreed with” as listed in clause 13.1(g)\nis carried, then that ruling is to have no effect and the meeting is to proceed as though the ruling had\nnot been made.\n(2) Clause 13.1(g) may be used only with respect to rulings made by the Presiding Member and not to\ndirections given by the Presiding Member in accordance with these meeting procedures.\n13.11 Effect of motion—that the member be no longer heard\n(1) If the motion “that the Member be no longer heard”, as listed in clause 13.1(h), is carried, the speaker\nagainst whom the motion has been moved is not to speak further on the current substantive motion, or\non any amendment relating to it, except to exercise their right of reply if they are the mover of the\nsubstantive motion.\n(2) If the motion “that the Member be no longer heard” is moved with respect to the mover of a motion\nwhile they are exercising their right of reply, then if the motion is carried, the substantive motion is to\nbe put to the vote immediately.\n13.12 Effect of motion—that the item be referred back to committee\n(1) If a motion “that the item be referred back to committee” as listed in clause 13.1(i) is carried, debate\non the substantive motion and any amendment is to cease and the recommendation that is the subject\nof the substantive motion, excluding any amendment, is to be referred back to the appropriate\ncommittee for further consideration.\n(2) If the motion in subclause (1) is lost, debate on the substantive motion or amendment is to continue.\n","sortOrder":13},{"sectionNumber":"Part 14","sectionType":"part","heading":"VOTING","content":"PART 14—VOTING\n14.1 Motion—when put to the vote\nImmediately after the debate on any motion is concluded and the right of reply has been exercised, the\nPresiding Member—\n(a) is to put the motion to the Council or committee for a vote; and\n(b) if requested by any Member, is to again state the terms of the motion in its final form.\n14.2 Voting\nVoting entitlements and obligations are dealt with in the Act.\n14.3 Method of taking vote\n(1) The Presiding Member, in taking the vote on any motion, is to—\n(a) put the motion to the vote;\n(b) determine whether the affirmative or the negative has the majority of votes; and\n(c) declare the result of the vote.\n(2) Where voting is by show of hands or on the voices, the motion under subclause (1) may be put to the\nvote as often as is necessary to enable the Presiding Member to determine whether the affirmative or\nthe negative has the requisite majority of votes.\n(3) The requirement for voting to be open is dealt with in the Regulations.\n(4) The result of voting is to be determined in any way (such as electronically or by a show of hands)\nthat enables a record to be taken of each Member’s vote, and for the result to be declared.\n\n6 May 2022 GOVERNMENT GAZETTE, WA 2921\n14.4 Majorities required for decisions\nThe majorities required for decisions of the Council and committees are dealt with in the Act.\n","sortOrder":14},{"sectionNumber":"Part 15","sectionType":"part","heading":"REVOKING OR CHANGING DECISIONS","content":"PART 15—REVOKING OR CHANGING DECISIONS\n15.1 Requirements to revoke or change decisions\nThe requirements to revoke or change a decision made at a meeting are dealt with in the Regulations.\n15.2 Motion to revoke or change decision at the same meeting—procedures\n(1) A Member who moves a motion to revoke or change a decision at the same meeting where the\ndecision is made must—\n(a) clearly identify the decision to be revoked or changed; and\n(b) clearly state the reason for the decision to be revoked or changed.\n(2) If the CEO receives a notice of a motion to revoke or change a decision made at a meeting before the\nclose of that meeting, the CEO must immediately advise the Presiding Member of the substance of the\nmotion.\n(3) Where the Presiding Member is advised of a motion under subclause (2), they are to—\n(a) raise it as an item of urgent business under clause 7.4;\n(b) state the substance of the motion to revoke or change the decision;\n(c) determine whether there is sufficient support under the Regulations; and\n(d) if there is sufficient support, deal with the motion.\n15.3 Motion to revoke or change a decision after meeting—procedures\n(1) A Member wishing to move a motion to revoke or change a decision at a future meeting of the Council\nor committee must give to the CEO notice of the motion, which is to—\n(a) be in writing;\n(b) specify the decision proposed to be revoked or changed;\n(c) state the reason(s) for the motion to revoke or change the decision;\n(d) be supported by the number of Members required under the Regulations;\n(e) specify the date of the ordinary or special meeting of the Council or committee where it is to be\npresented, as the case may be; and\n(f) be given to the CEO in accordance with the notice of motion provisions in clause 7.3.\n(2) On receiving a notice of a motion under subclause (1), the CEO is to—\n(a) ensure that the motion has the support required by the Regulations;\n(b) advise the Mayor or Presiding Member that the notice has been received, and\n(c) ensure that the notice is placed on the agenda of the next appropriate meeting of the Council\nor committee, as the case may be.\n15.4 Implementation of a decision\n(1) In this clause, valid action means action taken to implement the decision in accordance with the\nrelevant legislation and approved procedures by persons legally authorised to do so.\n(2) No steps are to be taken to implement or give effect to a decision if—\n(a) a valid notice of a motion to revoke or change the decision has been received and has the support\nof Members as required by the Regulations; and\n(b) the notice of the motion to revoke or change the decision was received before any valid action\nwas taken by the local government to implement the decision.\n(3) The Council or a committee shall not vote on a motion to revoke or change a decision of the Council\nor committee whether the motion to revoke or change the decision is moved with or without notice, if\nat the time the motion is moved or notice is given—\n(a) valid action has been taken by the local government to implement the decision; or\n(b) where the decision concerns the issue of an approval or the authorisation of a licence, permit\nor certificate and the decision has been put into effect by notice in writing to the applicant or\nthe applicant’s agent by an employee of the local government authorised by CEO to do so;\nunless the Council or committee has considered a statement of impact prepared by or at the direction\nof the CEO of the legal and financial consequences of the proposed revocation or change.\n","sortOrder":15},{"sectionNumber":"Part 16","sectionType":"part","heading":"ADJOURNMENT","content":"PART 16—ADJOURNMENT\n16.1 Meetings may be adjourned\nA meeting that is adjourned by—\n(a) the Council or a committee under Part 13, or\n(b) the Presiding Member under clause 5.4 or clause 20.9,\nmay be adjourned—\n\n2922 GOVERNMENT GAZETTE, WA 6 May 2022\n(a) to a later time on the same day; or\n(b) to the next ordinary meeting of Council or scheduled meeting of a committee, or\n(c) to any other time on any other day, including a time which coincides with the conclusion of\nanother meeting or event.\n16.2 Effect of adjournment\nWhere any motion, debate or meeting is adjourned under these meeting procedures—\n(a) the names of Members who have spoken on the matter prior to the adjournment are to be\nrecorded in the minutes;\n(b) debate is to be resumed at the next meeting at the point where it was interrupted; and\n(c) the provisions of clause 12.11 apply when the debate is resumed.\n","sortOrder":16},{"sectionNumber":"Part 17","sectionType":"part","heading":"RECORDING AND BROADCASTING OF MEETINGS","content":"PART 17—RECORDING AND BROADCASTING OF MEETINGS\n17.1 Local government may record meetings\n(1) The local government may make audio or audio-visual recordings of the proceedings of meetings of\nthe Council or committees, which may be used for the purposes of ensuring the accuracy of the minutes.\n(2) The Presiding Member will ensure that all meeting participants and observers are advised at the\ncommencement of the meeting that the meeting is being recorded.\n(3) The local government may publish any audio or audio-visual recording made of a Council or\ncommittee meeting, or part of a meeting, that is open to members of the public.\n(4) Prior to publishing any audio or audio-visual recording made of a Council or committee meeting, the\nCEO may cause the recording to be edited to remove material that may be offensive or defamatory,\nirrelevant to the matters under consideration, or the publication of which is likely to breach any written\nlaw.\n(5) Audio and audio-visual recordings of meetings made under subclause (1) will be kept according to\nthe State Records Act 2000, and are subject to the Freedom of Information Act 1992.\n(6) Access to audio or audio-visual recordings of meetings does not extend to that part of the recordings\nthat would reveal information that is prescribed in the Regulations as information that is confidential\nbut that may be available for inspection if the local government so resolves, unless the local government\nhas resolved that the information is to be available for inspection.\n17.2 Local government may broadcast proceedings\nThe local government may make provision for electronic participation in Council or committee meetings\nfor members of the public, including livestream broadcasts through an internet connection.\n","sortOrder":17},{"sectionNumber":"Part 18","sectionType":"part","heading":"MINUTES OF MEETINGS","content":"PART 18—MINUTES OF MEETINGS\n18.1 Keeping of minutes\nThe keeping and confirmation of minutes are dealt with in the Act.\n18.2 Content of minutes\n(1) The content of minutes is dealt with in the Regulations.\n(2) In addition to the matters required by the Regulations, the minutes of a Council meeting or a\nmeeting of a Committee to which powers and duties have been delegated under section 5.16 of the\nAct are to include the reasons for the decision where—\n(a) an application for approval is refused or the authorisation of a licence, permit or certificate is\nwithheld or cancelled; or\n(b) an objection to a local government decision is dealt with under section 9.6 of the Act.\n(3) A record of decisions made at a meeting or part of a meeting that is closed to the public is not to\ndisclose any information that is prescribed as being confidential for the purposes of section 5.95(6) of\nthe Act unless the Council has resolved under section 5.95(7) to make it available for inspection.\n18.3 Request for specific words to be recorded in minutes\n(1) If a Member specifically requests, immediately after their use by another Member, that any\nparticular words be recorded in the minutes—\n(a) the Presiding Member is to cause the words used to be taken down and be read to the meeting\nfor verification; and\n(b) the Council may, by resolution, decide to record those words in the minutes, subject to\nverification with the audio recording of the meeting.\n(2) Subclause (1) applies only to the recording of words already spoken and is not to be used by a Member\nto seek to have a statement of their own opinion recorded in the minutes.\n18.4 Publication of unconfirmed minutes of meetings\nPublic access to unconfirmed minutes of Council and committee meetings is dealt with in the\nRegulations.\n\n6 May 2022 GOVERNMENT GAZETTE, WA 2923\n18.5 Public inspection of minutes and meeting documents\nPublic inspection of confirmed minutes and meeting documents is dealt with in the Act and Regulations.\n18.6 Amendment of minutes\n(1) Substantive amendments to minutes are restricted to correcting objective errors of fact or material\nomission in the record of the meeting.\n(2) The unconfirmed minutes of a meeting may be amended—\n(a) on a motion of which notice has been given in writing by a Member under clause 7.3, submitted\nprior to the meeting at which the minutes are to be confirmed; or\n(b) on an amendment motion to the motion to confirm the minutes being moved.\n(3) Confirmed minutes may be amended on a motion of which notice has been given in writing by a\nMember under clause 7.3.\n(4) A notice of motion to amend minutes is to include—\n(a) identification of the minutes to be amended; and\n(b) the portion of the minutes proposed to be amended; and\n(c) the alternative words to be substituted or the words to be added or deleted; and\n(d) the reasons for the proposed amendment.\n(5) In considering a motion to amend unconfirmed or confirmed minutes, Council is to have regard to\nthe contents of any audio record of the relevant meeting.\n(6) If a motion to amend confirmed minutes is carried*, then—\n(a) the minutes of the meeting at which the motion was carried will record the original and the\namended version of the relevant part of the minutes to which the motion related and the\nreasons for the amendment; and\n(b) a notation will be added to the existing record of the original confirmed minutes, drawing\nattention to the amendment, the reasons for it and the date on which it was approved.\n* absolute majority required\n(7) This clause does not apply to the revocation or changing of a decision of the Council or a committee.\n(8) Despite sub-clauses (1) to (5), administrative amendments to minutes may be made by an employee\non the authority of the CEO to correct spelling, grammatical or minor transcription errors.\n","sortOrder":18},{"sectionNumber":"Part 19","sectionType":"part","heading":"CONDUCT OF MEMBERS","content":"PART 19—CONDUCT OF MEMBERS\n19.1 Required meeting behaviour\nWhen attending a Council, committee or electors meeting, a Member must—\n(a) comply with the requirements of—\n(i) the Act;\n(ii) the Regulations;\n(iii) these meeting procedures, and\n(iv) the Code of Conduct adopted under section 5.104 of the Act, including the Rules of\nConduct;\nand\n(b) restrict their remarks during debate to the motion or amendment under discussion, or to a\npersonal explanation or to a point of order; and\n(c) comply with any direction given by the Presiding Member; and\n(d) immediately cease to engage in any conduct that has been ruled out of order by the Presiding\nMember.\n19.2 Unacceptable meeting behaviour\nWhen attending a Council, committee or electors meeting, a Member must not—\n(a) act in an abusive, bullying or threatening manner towards another person; or\n(b) make a statement that the Member knows, or could reasonably be expected to know, is false or\nmisleading; or\n(c) use offensive or derogatory language in reference to any person; or\n(d) disparage the character or competence of another Member or an employee in connection with\nthe performance of their official duties; or\n(e) impute any dishonest or unethical motive to a Member or an employee in connection with the\nperformance of their official duties; or\n(f) persistently make irrelevant or repetitive statements; or\n(g) disrupt the meeting; or\n(h) engage in behaviour that may endanger the physical or mental health or wellbeing of any other\nperson at the meeting.\n\n2924 GOVERNMENT GAZETTE, WA 6 May 2022\n19.3 Members not to interrupt\nA Member of the Council or a committee is not to interrupt another Member of the Council or committee\nwho is speaking unless—\n(a) to raise a point of order; or\n(b) to call attention to the absence of a quorum; or\n(c) to request the opportunity to make a personal explanation under clause 12.10; or\n(d) to move a procedural motion under Part 13; or\n(e) they are the Presiding Member acting to preserve order under Part 20.\n19.4 Seating arrangements\n(1) At the first meeting following each ordinary election, the CEO is to allocate a seat in the Chamber\nto each Member.\n(2) Each Member must occupy their allocated position when present at a meeting of the Council until\nthe Council decides to reallocate positions.\n(3) The CEO is to sit immediately to the left of the Presiding Member at Council meetings.\n(4) The minute-taker is to sit in proximity to the Presiding Member.\n19.5 Advice of entry or departure\n(1) During the course of a meeting of the Council or a committee, a Member is to pay respect to the\nPresiding Member when entering or leaving the meeting.\n(2) Each entry to, or departure from, the meeting by a Member is to be recorded in the appropriate\nchronological place in the minutes.\n19.6 No Member to leave while a motion is being put to the vote\n(1) When the Presiding Member is putting any motion to the vote, a Member must not leave the\nChamber until the voting is complete.\n(2) Members’ obligations to vote when present at a meeting are dealt with in the Act.\n19.7 No reopening of discussion\nA Member is not to reopen discussion on any Council or committee decision, except to move that the\ndecision be revoked or changed.\n19.8 Official Titles to be used\nMembers shall address each other during meetings by their respective titles of Mayor, Deputy Mayor\nor councillor. Members of the council, in speaking of or addressing employees, shall designate them by\ntheir respective official title or by their chosen title and surname.\n","sortOrder":19},{"sectionNumber":"Part 20","sectionType":"part","heading":"PRESERVING ORDER","content":"PART 20—PRESERVING ORDER\n20.1 Presiding Member to preserve order\nThe Presiding Member is to preserve order and, whenever they consider it necessary, may call any\nMember or any other person to order.\n20.2 Presiding Member to ensure compliance\nThe Presiding Member of a meeting is to use all reasonable endeavours to ensure compliance with these\nmeeting procedures.\n20.3 Presiding Member to be heard without interruption\n(1) Whenever the Presiding Member signifies a desire to speak at any time during the meeting, any\nMember speaking or offering to speak must be silent, so that the Presiding Member may be heard\nwithout interruption.\n(2) This clause is not to be used by the Presiding Member to exercise the right provided for in clause\n4.6 but to preserve order.\n20.4 Point of order\n(1) The following are to be recognised as valid points of order—\n(a) that the discussion is of a matter not before the Council or committee;\n(b) that a breach of these meeting procedures or the Code of Conduct has been committed by a\nMember;\n(c) that a breach of any written law, policy or any other local law of the local government has been\ncommitted by any person.\n(2) A Member drawing attention to a suspected breach under subclauses (1)(b) or (1)(c) is to specify the\nalleged breach when making the point of order.\n(3) Despite any other provision in this local law, a point of order—\n(a) takes precedence over any discussion; and\n(b) until determined, suspends the consideration or discussion of any other matter.\n(4) A Member expressing a difference of opinion or contradicting a speaker shall not be recognised as\nraising a point of order.\n\n6 May 2022 GOVERNMENT GAZETTE, WA 2925\n20.5 Procedures on a point of order\n(1) A Member interrupted on a point of order is to immediately cease speaking until—\n(a) the Member raising the point of order has been heard; and\n(b) the Presiding Member has ruled on the point of order,\nand then, if permitted, the Member who has been interrupted may proceed.\n(2) A Member who is raising a point of order is not to be interrupted while making the point of order.\n20.6 Ruling by the Presiding Member\n(1) The Presiding Member is to rule on any point of order which is raised by either upholding or rejecting\nthe point of order.\n(2) If the Presiding Member rules that any motion, amendment or other matter before the meeting is\nout of order, it is not to be considered further.\n(3) The Presiding Member, on becoming aware of conduct by a Member that breaches these meeting\nprocedures, may rule that conduct to be out of order and direct that Member to immediately discontinue\nthe conduct that is out of order and—\n(a) provide an explanation; or\n(b) unreservedly withdraw a specified expression or statement and make an unconditional\napology; or\n(c) discontinue their speech.\n(4) Where a Member fails to comply with a direction of the Presiding Member under subclause (3), the\nPresiding Member may refuse to hear the Member further on the matter under discussion and call on\nthe next speaker.\n(5) A ruling by the Presiding Member on a point of order is to be final unless the majority of Members\nthen present and voting, on a motion moved immediately after the ruling, dissent from the ruling.\n20.7 Continued breach of order\n(1) If a Member—\n(a) persists in any conduct that the Presiding Member has ruled is out of order; or\n(b) refuses to make an explanation, retraction or apology required by the Presiding Member under\nclause 20.6(3),\nthen the Presiding Member may direct the Member to refrain from taking any further part in the item\nunder discussion other than by recording the Member’s vote and the Member must comply with that\ndirection.\n(2) If the Member subject to a direction under subclause (1) is exercising their right of reply as the\nmover of a substantive motion, the Presiding Member may immediately call for a vote on the matter.\n20.8 Prevention of disturbance\n(1) In this clause, “person” means a person other than a Member.\n(2) Any person addressing the Council or a committee is to extend due courtesy and respect to the\nCouncil or committee and the processes under which they operate and must comply with any direction\nfrom the Presiding Member.\n(3) A person attending a meeting shall not create a disturbance at a meeting, by interrupting or\ninterfering with the proceedings, whether by expressing approval or dissent, by conversing, using a\nmobile device capable of producing sound, or by any other means.\n(4) A person attending a Council or committee meeting shall not—\n(a) attempt to threaten, harass or intimidate any Member, employee or other person attending the\nmeeting, or\n(b) behave in a manner that is contrary to section 75 of the Criminal Code.\n(5) Where a person is considered by the Presiding Member of the Council or committee to be in breach\nof subclauses (3) or (4) the Presiding Member of the Council or committee may direct the offending\nperson to leave the meeting and the person must immediately comply with that direction.\n(6) A person who fails to comply with a direction given under subclause (5) commits an offence.\n(7) For the purposes of section 70A of the Criminal Code, the CEO is a person in authority in relation\nto the Chamber or meeting room and the local government premises of which they form a part and may\nrequest a person subject to a direction under subclause (5) to leave the place or a specified part of the\nplace.\n20.9 Right of Presiding Member to adjourn\n(1) The Presiding Member may adjourn the meeting for a period of up to 15 minutes—\n(a) for the purpose of preserving or regaining order; or\n(b) where a person given a direction under clause 20.8(5) refuses to leave the meeting.\n(2) On resumption, the debate is to continue at the point at which the meeting was adjourned.\n(3) If, at any one meeting, the Presiding Member adjourns the meeting more than once for the purpose\nof preserving or regaining order, the second or subsequent adjournment may be to a later time on the\nsame day or to another day.\n(4) If there is an adjournment under this clause, the names of the Members who have spoken on the\nmatter before the adjournment are to be recorded.\n\n2926 GOVERNMENT GAZETTE, WA 6 May 2022\n","sortOrder":20},{"sectionNumber":"Part 21","sectionType":"part","heading":"MEETINGS OF ELECTORS","content":"PART 21—MEETINGS OF ELECTORS\n21.1 Electors’ general meetings\nElectors’ general meetings are dealt with in the Act.\n21.2 Matters for discussion at electors’ general meeting\nThe matters to be discussed at an electors’ general meeting are dealt with in the Regulations.\n21.3 Electors’ special meetings\nElectors’ special meetings are dealt with in the Act and Regulations.\n21.4 Convening electors’ meetings\nConvening electors’ meetings is dealt with in the Act.\n21.5 Who presides at electors’ meetings\nWho presides at electors’ meetings is dealt with in the Act.\n21.6 Procedure for electors’ meetings\n(1) The procedure for electors’ meetings is dealt with in the Act and the Regulations.\n(2) In exercising their discretion to determine the procedure to be followed at an electors’ meeting, the\nPresiding Member is to have regard to these meeting procedures.\n(3) If the Presiding Member at an electors’ meeting is of the opinion that any motion proposed—\n(a) is of an objectionable nature; or\n(b) if carried, would breach any written law; or\n(c) if carried, would be incapable of being actioned or implemented by the local government,\nthe Presiding Member may rule that the motion is out of order and shall not be considered, provided\nthat the Presiding Member has taken reasonable steps to assist the elector to reword their motion in a\nway that would not be objectionable, in breach of a written law or incapable of being actioned or\nimplemented by the local government.\n(4) A person attending an electors meeting shall not—\n(a) attempt to threaten, harass or intimidate any Member, employee or other person attending the\nmeeting, or\n(b) behave in a manner that is contrary to section 75 of the Criminal Code.\n(5) Where a person is considered by the Presiding Member of the Council or committee to be in breach\nof subclause (5) the Presiding Member of the Council or committee may direct the offending person to\nleave the meeting and the person must immediately comply with that direction.\n(6) A person who fails to comply with a direction given under subclause (5) commits an offence.\n21.7 Participation of non-electors\n(1) A person who is not an elector of the local government shall not take part in any discussion at an\nelectors’ meeting unless the meeting, by resolution, permits them to do so.\n(2) A person who is not an elector of the local government is not entitled to vote at an electors’ meeting.\n21.8 Voting at electors’ meetings\nVoting at electors’ meetings is dealt with in the Regulations.\n21.9 Minutes of electors’ meetings\nMinutes of electors’ meetings are dealt with in the Act.\n21.10 Decisions made at electors’ meetings\nDecisions made at electors’ meetings are dealt with in the Act.\n","sortOrder":21},{"sectionNumber":"Part 22","sectionType":"part","heading":"OTHER PROCEDURAL MATTERS","content":"PART 22—OTHER PROCEDURAL MATTERS\n22.1 Tabling of documents at a meeting\n(1) Any Member may table a document or other material at a Council or committee meeting that is\nrelevant to an agenda item—\n(a) with the prior approval of the Presiding Member; or\n(b) with the approval of the Council on a motion by the Member in possession of the document or\nmaterial.\n(2) A Member may request on a motion that a document from which another Member is reading or\nquoting be tabled and with the approval of the Council that document shall be tabled by the Member\nin possession of it.\n(3) Subclause (2) does not apply to a document that is privileged legal communication, or would reveal\nthe private affairs of any person, or is material that is required to be kept confidential under any written\nlaw.\n(4) Access to, and publication of, tabled documents are dealt with in the Act and Regulations.\n\n6 May 2022 GOVERNMENT GAZETTE, WA 2927\n22.2 Suspension of the operation of this local law\n(1) A Member may, at any time, move that the operation of 1 or more of the provisions of these meeting\nprocedures be suspended.\n(2) A Member moving a motion under subclause (1) is to identify the clause or clauses of this local law\nto be suspended, and state the reasons for the motion, but no other discussion is to take place.\n(3) A motion under subclause (1) which is—\n(a) seconded; and\n(b) carried by a simple majority,\nis to suspend the operation of the clause or clauses to which the motion relates for the duration of the\nmeeting, unless the meeting earlier resolves otherwise.\n22.3 Where this local law does not apply\n(1) In situations where—\n(a) 1 or more provisions of these meeting procedures have been suspended; or\n(b) a matter is not regulated by the Act, the Regulations or these meeting procedures,\nthe Presiding Member is to decide questions relating to the conduct of the meeting.\n(2) Decisions of the Presiding Member under subclause (1) are final, except where a motion of dissent\nis moved and carried under Part 13.\n","sortOrder":22},{"sectionNumber":"Part 23","sectionType":"part","heading":"ENFORCEMENT","content":"PART 23—ENFORCEMENT\n23.1 Contravention of this local law by Members\n(1) Where a clause of this local law states that the matter is dealt with under the Act, a contravention\nby a Member may be an offence as specified in the Act.\n(2) Where a clause of this local law states that the matter is dealt with under the Code of Conduct, and\nthe matter involves a Rule of Conduct, a contravention by a Member may be a minor breach under the\nAct.\n(3) Contravention of other clauses of this local law by Members, where such contravention does not\ninvolve an offence under the Act or a breach of the Rules of Conduct, is dealt with under the\nRegulations.\n23.2 Offences under this local law\n(1) Any person who refuses to leave the Chamber, or other venue in which a meeting subject to these\nmeeting procedures is conducted, when directed to do so by the Mayor or Presiding Member under a\nprovision of this local law, commits an offence.\nPenalty: $1,000\n(2) An offence under subclause (1) is an offence for which an infringement notice may be given under\nsection 9.16 of the Act.\nModified penalty: $100\n(3) An infringement notice given under subclause (2) is to be in the form shown in Schedule 1 of the\nLocal Government (Functions and General) Regulations 1996.\n23.3 Who can prosecute or give an infringement notice\n(1) Who can prosecute is dealt with in the Criminal Procedure Act 2004.\n(2) Who can give an infringement notice is dealt with in the Act.\n————\nThis Local Government (Meeting Procedures) Local Law 2022 was adopted by resolution of the Council\nof the City of Melville at a meeting held on 19 April 2022.\nThe Common Seal of the City of Melville was affixed in the presence of—\nGEORGE GEAR, Mayor.\nMARTEN TIELEMAN, Chief Executive Officer.\nDate: 29 April 2022.\n———————————","sortOrder":23}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":1022},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This legislation remains tightly focused on its original purpose: establishing meeting procedures for the City of Melville's council and committees. While substantially more detailed than typical local laws (spanning 23 Parts compared to simpler models), this elaboration serves the core function of procedural regulation rather than expanding into substantive policy areas. The 2022 version replaces the 2017 version with refined detail but does not broaden the scope beyond meeting conduct."},"complexity_factors":["23 separate Parts with 80+ individual clauses, creating a highly segmented structure","Extensive cross-referencing to the Local Government Act 1995, Local Government (Administration) Regulations 1996, and Code of Conduct — many clauses simply defer to these external instruments","Multiple conditional procedures with nested exceptions (e.g., clause 11.6 on alternative motions has 8 subclauses with interdependent outcomes)","Detailed time limits and procedural requirements throughout (e.g., 72 hours notice for special meetings, 4 working days for notices of motion, 11:30am deadline for amendments, 5-minute speaking limits with 5-minute extensions)","Complex amendment rules allowing only one further amendment to an amendment, with restrictions on replicating lost amendments or negating carried ones","Intricate public participation mechanics with multiple pathways (question time, questions on notice, deputations, petitions, written submissions, public hearings) each with distinct procedural requirements","Sophisticated deferral and adjournment mechanics with carry-over effects on debate resumption and speaking rights","Dual enforcement tracks — some breaches are offences under this local law, others under the Act, and others under the Code of Conduct, requiring knowledge of three separate disciplinary systems"],"plain_english_summary":"\n\nThis is the **City of Melville's rulebook for how council and committee meetings must be run**. It replaces an earlier 2017 version and sets out detailed procedures to ensure meetings are orderly, fair, and transparent.\n\n**Who it affects:**\n- **Elected councillors** — how they can speak, vote, move motions, and behave\n- **Council committees** — how they're established, who can attend, and how they report back\n- **The public** — how they can ask questions, present petitions, make deputations (formal presentations), and access meeting information\n- **The Chief Executive Officer (CEO)** — their role in preparing agendas, giving advice, and running meetings\n\n**What it does:**\n\n**For meetings generally:**\n- Sets the **order of business** — from opening formalities through to public question time, petitions, reports, and voting\n- Establishes **quorum rules** (minimum number of people needed to make decisions) and what happens if quorum is lost\n- Defines different **types of meetings**: ordinary meetings, special meetings, agenda briefing forums, and informal workshops\n\n**For public participation:**\n- Guarantees **at least 15 minutes of public question time** at council meetings, extendable to 30 minutes\n- Sets rules for **how questions must be asked**: clearly, concisely, without offensive language, and with written copies provided\n- Allows the Presiding Member to **refuse to answer questions** in specific circumstances (e.g., if already answered, legally confidential, or would divert unreasonable resources)\n- Creates processes for **petitions** (minimum 6 elector signatures), **deputations** (up to 10 minutes speaking time), and **public hearings** for controversial items\n\n**For councillors:**\n- Restricts **speaking time** to 5 minutes per speech (10 minutes total per topic)\n- Requires **disclosure of conflicts of interest** — financial, proximity (close personal connection), or impartiality interests\n- Sets **rules of debate**: who speaks when, how amendments work, and when debate can be closed\n- Lists **10 procedural motions** that can shortcut or redirect debate (e.g., \"that the motion be now put\", \"that the member be no longer heard\")\n\n**For decision-making:**\n- Requires most decisions to be made by **simple majority** (more than 50%)\n- Some decisions need **absolute majority** (more than 50% of all positions, whether filled or not)\n- Creates strict rules for **revoking or changing decisions** — especially if action has already been taken\n\n**For maintaining order:**\n- Gives the **Presiding Member** (Mayor or committee chair) significant powers to rule motions out of order, call members to order, and eject disruptive people\n- Makes it an **offence** (with $1,000 penalty, or $100 infringement notice) to refuse to leave when directed\n\n**Why it matters:**\nThis local law ensures **democratic accountability** — the public can see and participate in decisions affecting their community — while keeping meetings **efficient and respectful**. It balances transparency with practical limits, and gives the Presiding Member tools to manage difficult situations.\n\n"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument continues the prior objective of regulating Council, committee and electors’ meeting procedures (cl.1.3) and expressly repeals the 2017 meeting procedures local law (cl.1.4). It does not expand authority beyond what is governed by the Act and Regulations but restates and details operational rules, discretion points for the Presiding Member and CEO, public participation processes and enforcement mechanisms within the same scope."},"complexity_factors":["Extensive cross-references to the Local Government Act 1995 and the Local Government (Administration) Regulations 1996, requiring interpretation against higher‑order instruments (see cl.1.3, cl.1.5).","Numerous procedural permutations (ordinary vs special meetings, committees, agenda briefings, public hearings) with distinct notice and timing rules (Parts 2–3, cl.3.7–3.8).","High degree of discretionary power vested in the Presiding Member and the CEO (e.g. closure of meetings, determining order of questions, approving deputations, editing recordings) creating conditional outcomes (cls.3.6, 6.2, 6.7, 6.12, 17.1(4)).","Detailed rules for motions, amendments, procedural motions and voting, with layered limits and exceptions that affect debate strategy and decision timing (Parts 11–14, Part 13).","Robust public participation framework (questions, petitions, deputations, written submissions, public hearings) that imposes administrative processes and deadlines on both the public and council staff (Part 6, cls.6.6–6.14).","Interaction with the Code of Conduct and Model Rules of Conduct for disclosures and behavioural standards, creating compliance obligations and potential sanctions (Parts 8 and 19; cl.1.3).","Record-keeping and publication obligations (minutes, audio/video recordings, edits for legal risk) that engage other laws (State Records Act, FOI Act) and create potential information‑management costs (Parts 17–18).","Enforcement and penalty provisions (offences, infringement notices, who may prosecute) add legal risk and require procedural coordination (Part 23)."],"plain_english_summary":"This local law prescribes detailed procedural rules for how the City of Melville’s Council, its committees and meetings of electors are run — agendas, notices, public question time, deputations, motions, debate, voting, minutes, recordings, disclosures and sanctions. The Mayor/Presiding Member, the CEO and Council retain decision-making and discretionary roles over notice periods, meeting conduct and closures. It affects elected members, council staff and members of the public; administrative and compliance costs fall on the local government and meeting participants."}},"importantCases":[],"_links":{"self":"/api/acts/city-of-melville-local-government-meeting-procedures-local-law-2022","history":"/api/acts/city-of-melville-local-government-meeting-procedures-local-law-2022/history","analysis":"/api/acts/city-of-melville-local-government-meeting-procedures-local-law-2022/analysis","conflicts":"/api/acts/city-of-melville-local-government-meeting-procedures-local-law-2022/conflicts","importantCases":"/api/acts/city-of-melville-local-government-meeting-procedures-local-law-2022/important-cases","documents":"/api/acts/city-of-melville-local-government-meeting-procedures-local-law-2022/documents"}}