{"id":"wa-local:swan-city-of-city-of-swan-meeting-procedures-local-law-2019","name":"City of Swan Meeting Procedures Local Law 2019","slug":"city-of-swan-meeting-procedures-local-law-2019","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438965,"registerId":"wa-local:swan-city-of-city-of-swan-meeting-procedures-local-law-2019-pdf-1775955168487","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"City of Swan Meeting Procedures Local Law 2019","content":"!2019028GG!\n561\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, FRIDAY, 1 MARCH 2019 No. 28 SPECIAL\nPUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.30 PM\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nLOCAL GOVERNMENT ACT 1995\n_________\nCITY OF SWAN\n———————————\nMEETING PROCEDURES\nLOCAL LAW 2019\n\n\n\n1 March 2019 GOVERNMENT GAZETTE, WA 563\nLOCAL GOVERNMENT ACT 1995\nCITY OF SWAN\nMEETING PROCEDURES LOCAL LAW 2019\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Purpose and effect\n1.4 Application\n1.5 Terms used\n1.6 Repeal\nPART 2—BUSINESS OF A MEETING\n2.1 Business to be specified\n2.2 Order of business\n2.3 Confirmation of minutes\n2.4 Public statement time\n2.5 Petitions\n2.6 Deputations\n2.7 Announcements by the Presiding Member\n2.8 Members’ questions\n2.9 Adoption of recommendations contained in items not withdrawn\n2.10 Urgent business\n2.11 Notices of motions\n2.12 No business to be conducted if quorum not present\n2.13 Names to be recorded\nPART 3—DISCLOSURE OF INTERESTS\n3.1 Disclosure at agenda forums and briefing sessions\n3.2 Disclosures by a member of a committee who is not a member of Council\n3.3 Disclosure by Councillors who are observers at committee meetings\nPART 4—CONDUCT OF MEMBERS\n4.1 Members to occupy own seats\n4.2 Official titles to be used\n4.3 Members to address the Presiding Member\n4.4 Entering, crossing or leaving a meeting\n4.5 Members who wish to speak\n4.6 Priority of speaking\n4.7 Relevance\n4.8 No interruption\n4.9 Personal explanation\n4.10 No reopening of discussion\n4.11 Adverse reflection\n4.12 Withdrawal of adverse reflection or offensive, indecent, insulting language\nPART 5—PRESERVING ORDER\n5.1 Preservation of order—Members\n5.2 Point of order\n5.3 Procedures on a point of order\n5.4 Preservation of order—Persons other than members\n5.5 Presiding Member may adjourn meeting\n\n564 GOVERNMENT GAZETTE, WA 1 March 2019\nPART 6—MOTIONS\n6.1 Introducing a Motion or an Amendment\n6.2 Unopposed business\n6.3 Only one substantive motion at a time\n6.4 Variations to a motion or an amendment\n6.5 Order of Debate\n6.6 Duration of speeches\n6.7 Limitation on members speaking\n6.8 Right of reply\n6.9 Limit of debate\n6.10 Amendments\n6.11 Withdrawal of motions\n6.12 Division of motions\n6.13 Right to Ask Questions\nPART 7—PROCEDURAL MOTIONS\n7.1 Permissible procedural motions\n7.2 Moving a procedural motion\n7.3 Support Required\n7.4 How dealt with and effect\nPART 8—VOTING\n8.1 Motion—when put\n8.2 Method of taking vote\n8.3 Votes to be recorded\n8.4 No speaking after conclusion of debate\nPART 9—REVOCATION MOTIONS\n9.1 Revoking or changing decisions at the same meeting—procedure\n9.2 Revoking or changing decisions after the meeting—procedure\n9.3 Implementing a decision\nPART 10—COMMITTEES\n10.1 Establishment and appointment of committees\n10.2 Calling committee meetings\n10.3 Convening committee meetings\n10.4 Participation of persons other than member at committee meetings\n10.5 Substitution of deputy at committee meetings\nPART 11—SUSPENSION OF LOCAL LAW\n11.1 Suspension of this local law\n11.2 When this local law does not apply\nPART 12—ENFORCEMENT\n12.1 Breach of this local law\n\n1 March 2019 GOVERNMENT GAZETTE, WA 565\nLOCAL GOVERNMENT ACT 1995\nCITY OF SWAN\nMEETING PROCEDURES LOCAL LAW 2019\nUnder the powers conferred by the Local Government Act 1995 and under all other powers, the\nCouncil of the City of Swan resolved on 16 January 2019 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the City of Swan Meeting Procedures Local Law 2019.\n1.2 Commencement\nThis local law commences 14 days after it is published in the Government Gazette.\n1.3 Purpose and effect\n(1) The purpose of this local law is to provide for the proper conduct of Council meetings, Committee\nmeetings, agenda forums and briefing sessions.\n(2) The effect of this local law is intended to result in the orderly and efficient conduct of the business\nof the Council.\n1.4 Application\nAll meetings, agenda forums and briefing sessions are to be conducted in accordance with the Local\nGovernment Act 1995, Local Government (Administration) Regulations 1996, Local Government (Rules\nof Conduct) Regulations 2007 and this local law.\n1.5 Terms used\n(1) In this local law, unless the contrary intention appears—\nAct means the Local Government Act 1995;\nAdministration Regulations means the Local Government (Administration) Regulations 1996;\nadoption of recommendations contained in items not withdrawn means a resolution for a\nnumber of specifically identified reports that has the effect of adopting the recommendation\nas the resolution;\nagenda forum means a forum open to the public (except for matters of a confidential nature),\nheld prior to an ordinary Council meeting for the purpose of receiving questions and\ndeputations and for Councillors to seek additional information on items on the agenda for an\nordinary Council meeting and at which no decisions are made;\namendment motion is a proposal to alter a motion while it is being debated;\nbriefing session means a session closed to the public, held to update Council on matters relevant\nto its role and at which no decisions are made;\nbusiness day means a day that the City of Swan Administration Centre is open to the public;\nchamber means the area within a meeting room where Council or committee members are\nseated, and excludes any public gallery;\nCouncil means the Council of the City of Swan;\nlocal government means the City of Swan;\nmeeting means a meeting of the Council or of a committee, as the context requires;\nmeeting room means the room or area in which a meeting, agenda forum or briefing session is\nbeing held and includes the public gallery and chamber;\nmember in respect of—\n(a) the Council, has the meaning given to it in the Act; or\n(b) a committee, means a person appointed under section 5.10 of the Act;\npetition means a request from electors of the district for action on a matter on which the Council\nhas the power to act;\n\n566 GOVERNMENT GAZETTE, WA 1 March 2019\npoint of order means an allowable interjection that directs the Presiding Member’s attention to\nan apparent or alleged breach of order;\nPresiding Member means—\n(a) in respect of the Council, the person presiding under section 5.6 of the Act; or\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 that relates to how the meeting is conducted;\nRules of Conduct Regulations means the Local Government (Rules of Conduct)\nRegulations 2007;\nsubstantive motion means a motion (an original motion or an original motion as amended)\nwhich the meeting is dealing with at a given time but does not include an amendment or a\nprocedural motion.\n(2) Unless otherwise provided in this local law, the terms and expressions used in this local law are to\nhave the meaning given to them in the Act, Administration Regulations and Rules of Conduct\nRegulations.\n1.6 Repeal\nThis local law repeals the City of Swan Meeting Procedures Local Law 2015 as published in the\nGovernment Gazette on 15 January 2016.\nPART 2—BUSINESS OF A MEETING\n2.1 Business to be specified\n(1) No business is to be transacted at a meeting other than that specified in the agenda, except\nmatters which the Act or clause 2.10 permit to be dealt with.\n(2) No business is to be transacted at a special meeting of Council or a committee other than that\nspecified in the agenda, and to which notice as to the purpose of the meeting has been given.\n(3) No business is to be transacted at an adjourned meeting other than that specified in the notice of\nthe meeting which had been adjourned which remains unresolved, except in the case of an\nadjournment to the next ordinary meeting of the Council or the committee, when the business\nunresolved at the adjourned meeting is to have precedence at that ordinary meeting.\n(4) No business is to be considered at an agenda forum other than that which relates to the respective\nordinary meeting of Council agenda.\n2.2 Order of business\nUnless otherwise decided, the order of business at any Council or committee meeting is to be the\norder in which that business stands in the agenda of the meeting.\n2.3 Confirmation of minutes\n(1) On considering the minutes of a previous meeting a question of accuracy of those minutes arising\nunder subclause (2) is permitted.\n(2) If a member identifies an inaccuracy in the minutes, then the member is to—\n(a) state the item or items with which the member is dissatisfied;\n(b) identify the inaccuracy with precision; and\n(c) propose a motion clearly outlining the alternative wording to amend the minutes.\n(3) When minutes are being confirmed, discussion is not to be permitted other than discussion as to\ntheir accuracy as a record of the proceedings.\n2.4 Public statement time\n(1) Time is allocated at Council meetings for public statements by members of the public.\n(2) Issues to be raised during public statement time must relate to a matter concerning the local\ngovernment.\n(3) A public statement is not to exceed two minutes.\n2.5 Petitions\n(1) A petition may be presented to a Council meeting by—\n(a) a member or the CEO who are confined to reading the request contained in the petition; or\n(b) a member of the public who is confined to reading the request contained in the petition and\nmaking a brief accompanying statement not to exceed 2 minutes.\n(2) Where required, a petition must comply with any form prescribed by the Act or any other written\nlaws.\n(3) The motions that may be moved in regard to petitions received are that the petition be—\n(a) received;\n(b) referred to the CEO and a report be submitted to a future Council meeting;\n(c) dealt with in conjunction with a specific matter;\n(d) dealt with in conjunction with an item on the agenda for the meeting; or\n(e) referred to the CEO for consideration and response.\n\n1 March 2019 GOVERNMENT GAZETTE, WA 567\n2.6 Deputations\n(1) Time is allocated at agenda forums and special council meetings for members of the public to\nprovide a deputation on a matter listed on the agenda for the relevant Council meeting.\n(2) Deputations in respect to late items or urgent business which are not available to the public at the\ntime of the agenda forum may be provided at the ordinary meeting of Council.\n(3) Any person wishing to make a deputation is to apply to the CEO for approval at least 8 hours prior\nto the commencement of the agenda forum, or meeting as the case may be.\n(4) The CEO may either—\n(a) approve a request; or\n(b) refer a request to the Presiding Member.\n(5) The Presiding Member may either—\n(a) approve a request; or\n(b) refer a request to the agenda forum or meeting, as the case may be, to decide by simple\nmajority whether or not to hear a deputation.\n(6) A person making a deputation—\n(a) is not to address the agenda forum or meeting for more than 10 minutes; or\n(b) may by decision of the Presiding Member be restricted to speaking for less than 10 minutes if\nthe pressure of business for that agenda forum or meeting so requires.\n(7) Following a speaker’s deputation, members may ask the speaker questions relating to the item or\nseek clarification of issues raised by the speaker but no discussion will be allowed.\n2.7 Announcements by the Presiding Member\nAt any meeting of the Council or a committee, the Presiding Member may announce or raise any\nmatter of interest or relevance to the local government and there is not to be any discussion on the\nmatter, unless the Council or Committee resolves otherwise.\n2.8 Members’ questions\n(1) A member may raise questions at a meeting relating to the business of the Council with an\nemployee.\n(2) Whenever possible, questions are to be submitted in writing to the CEO at least 10 business days\nprior to the meeting.\n(3) The question and the answer, so far as is practicable, are to be included in the agenda of the\nmeeting, or otherwise tabled at that meeting.\n(4) Where possible the employee shall endeavour to answer the question at the meeting, however,\nquestions may be taken on notice and an answer placed in the agenda for the following meeting.\n(5) Every question and answer is to be submitted as briefly and concisely as possible and no\ndiscussion is to be allowed without the consent of the Presiding Member.\n2.9 Adoption of recommendations contained in items not withdrawn\n(1) A meeting may pass a resolution for the adoption of recommendations contained in items not\nwithdrawn.\n(2) An adoption of recommendations contained in items not withdrawn may not be used for a\nmatter—\n(a) in which a financial or proximity interest has been disclosed;\n(b) on which a member wishes to speak; or\n(c) on which a member wishes to move a motion that is different to the recommendation.\n2.10 Urgent business\n(1) A member, at a meeting, may move a motion involving business that is not included in the agenda\nfor that meeting if either—\n(a) the nature of the business is such that the business cannot await inclusion in the agenda for\nthe next meeting; or\n(b) the delay in referring the business to the next meeting could have adverse implications for\nthe local government,\nprovided that the Presiding Member has first consented to the business being raised.\n(2) If at a meeting a member objects that a motion introduced as urgent business and moved without\nnotice does not deal with urgent ordinary business within the scope of subclause (1) above, the motion\nshall be of no effect unless it is supported by a majority of the members at the meeting.\n(3) Before debate begins on a matter under this clause that is not the subject of a written report from\nthe CEO to the meeting the Presiding Member is to ask the CEO, or the CEO’s nominee, to give an\noral report to the meeting.\n(4) Where urgent business is considered at the meeting under this clause, the minutes of the meeting\nare to include—\n(a) a summary of the oral report and any recommendations of the CEO, or the CEO’s nominee;\nand\n(b) the reasons for any decision made at the meeting that is significantly different from any\nrecommendations of the CEO, or the CEO’s nominee.\n\n568 GOVERNMENT GAZETTE, WA 1 March 2019\n2.11 Notices of motions\n(1) A member may raise at a meeting business, relating to the good government of persons in the\ndistrict, in the form of a motion.\n(2) A notice of motion must be given in writing to the CEO at least 15 business days before the\nmeeting at which the notice of motion is to be included on the agenda.\n(3) At the time of giving the notice of motion, the member must also provide a reason for the motion.\n(4) The CEO may—\n(a) with the concurrence of the Presiding Member, exclude from the agenda any notice of motion\ndeemed to be, or likely to involve, a breach of any written law; or\n(b) after consultation with the member, where this is practicable, make such amendments to the\nform but not the substance to bring the notice of motion into due form.\n(5) If a notice of motion is excluded under subclause (4)(a), the CEO is to provide the reason for its\nexclusion to all members as soon as practicable.\n(6) The CEO may provide Council relevant and material facts pertaining to the notice of motion in the\nagenda for the meeting at which the notice of motion is to be considered.\n(7) When two notices of motion dealing with the same matter are included on the agenda, the\nPresiding Member is to determine the order in which they are put.\n(8) A motion of which notice has been given is to lapse unless—\n(a) the member who gave the notice, or another member authorised by him or her, moves the\nmotion when called on; or\n(b) the meeting resolves to defer consideration of the motion to a later stage or date.\n(9) Where a notice of motion—\n(a) is not moved;\n(b) lapses for the want of a seconder;\n(c) is lost; or\n(d) is not deferred for consideration to a later stage or date by a resolution,\nat the meeting at which it is listed, the same or similar motion is not to be put before a meeting for at\nleast 3 months from the date of that meeting.\n2.12 No business to be conducted if quorum not present\n(1) If at any time during the course of a meeting a quorum is not present due to a member leaving the\nchamber as a result of the declaration of an interest, the Presiding Member shall adjourn the matter\nto a later meeting and continue the meeting.\n(2) If at any time during the meeting a quorum is not present for a purpose other than as a result of\nthe declaration of an interest the Presiding Member is to—\n(a) Immediately adjourn the proceedings of the meeting for a period not exceeding 30 minutes.\n(b) If a quorum is not present at the expiration of the adjournment in subclause (2)(a), either\nadjourn the meeting to some future time or date or adjourn the meeting for a further period\nnot exceeding 30 minutes.\n(c) If a quorum is not present at the expiry of the extended period of adjournment under\nsubclause (2)(b), adjourn the meeting to a later time on the same day or to another day.\n(3) Where the debate on any motion is interrupted due to the adjournment of a meeting, that debate\nis to be resumed at the next meeting at the point at which it was so interrupted.\n(4) Members who have spoken on the motion at the adjourned meeting, must not speak again on the\nmotion on resumption of that meeting, except the mover who retains the right of reply.\n2.13 Names to be recorded\nAt any meeting—\n(a) at which there is not a quorum present; or\n(b) which is adjourned,\nthe names of the members then present are to be recorded in the minutes.\nPART 3—DISCLOSURE OF INTERESTS\n3.1 Disclosure at agenda forums and briefing sessions\nThe requirements of the Act, Administration Regulations and Rules of Conduct Regulations in regard\nto the disclosure of interests at meetings shall apply to agenda forums and briefing sessions.\n3.2 Disclosures by a member of a committee who is not a member of Council\nThe requirements of the Rules of Conduct Regulations apply to a member of a committee who is not a\nmember of the Council.\n3.3 Disclosure by Councillors who are observers at committee meetings\nThe requirements of the Act, Administration Regulations and Rules of Conduct Regulations shall\napply to Councillors who attend committee meetings as observers.\n\n1 March 2019 GOVERNMENT GAZETTE, WA 569\nPART 4—CONDUCT OF MEMBERS\n4.1 Members to occupy own seats\nAt the first meeting held after each election day, the Council is to allot a position at the Council table\nto each member and each member is to occupy that position at each Council meeting.\n4.2 Official titles to be used\nA speaker when speaking or referring to the Mayor, Deputy Mayor, Councillor or employee is to use\nthe title of that person’s office.\n4.3 Members to address the Presiding Member\nAt a meeting a member shall at all times address the Presiding Member.\n4.4 Entering, crossing or leaving a meeting\n(1) During the course of a meeting, a member is not to enter or leave the chamber without making the\nPresiding Member aware of the fact in order to facilitate the recording in the minutes the time of\nentry or departure.\n(2) When the Presiding Member is putting a motion to the vote, a member shall not walk out of or\nacross the chamber.\n4.5 Members who wish to speak\nA member who wishes to speak is to indicate his or her intention to speak by raising their hand or\nanother method agreed by the Council.\n4.6 Priority of speaking\n(1) If two or more members indicate at the same time their intention to speak, the Presiding Member\nshall decide the order of speaking.\n(2) A decision of the Presiding Member under this clause is not open to discussion or dissent.\n4.7 Relevance\n(1) A member must restrict his or her remarks to the motion or amendment under discussion, or to a\npersonal explanation or point of order.\n(2) The Presiding Member, at any time, may call the attention of the meeting to any irrelevant or\nrepetitious remarks by a member.\n4.8 No interruption\nA member must not interrupt another member who is speaking unless permitted by a clause of this\nlocal law.\n4.9 Personal explanation\n(1) A member who wishes to make a personal explanation relating to a matter referred to by another\nmember who is then speaking may interrupt the speaker and indicate to the Presiding Member his or\nher intention to make a personal explanation.\n(2) The Presiding Member is to determine whether the personal explanation is to be heard\nimmediately or at the conclusion of the speech by the other member.\n(3) A member making a personal explanation must confine their observations to a succinct statement\nrelating to the specific part of the speech at which he or she may have been misunderstood.\n4.10 No reopening of discussion\nA member must not reopen a discussion on any decision of a meeting, except for the purposes of\nmoving a revocation motion.\n4.11 Adverse reflection\nUnless the meeting resolves, without debate, that the matter before the meeting cannot otherwise be\nadequately considered—\n(1) A member must not reflect adversely on a decision of the Council or a committee except on a\nmotion that the decision be revoked or changed.\n(2) A member must not, in a meeting open to the public—\n(a) reflect adversely on the character or actions of another member or employee; or\n(b) impute any improper motive to a member or employee.\n4.12 Withdrawal of adverse reflection or offensive, indecent, insulting language\nUnless the meeting resolves, without debate, that the matter before the meeting cannot otherwise be\nadequately considered, a member who, in the opinion of the Presiding Member—\n(a) reflects adversely on the character or actions of another member or employee;\n(b) imputes any motive to a member or employee; or\n(c) uses an expression that is offensive, indecent or insulting,\nmust, when directed by the Presiding Member, withdraw the reflection, imputation or expression and\nmake a satisfactory apology.\n\n570 GOVERNMENT GAZETTE, WA 1 March 2019\nPART 5—PRESERVING ORDER\n5.1 Preservation of order—Members\n(1) The Presiding Member is to preserve order, and, whenever he or she considers it necessary, may\ncall any member to order.\n(2) If a member—\n(a) persists in any conduct the Presiding Member has ruled is out of order; or\n(b) fails or refuses to comply with a direction from the Presiding Member,\nthe Presiding Member may direct the member to refrain from taking any further part in the matter\nunder discussion on that item, other than by voting, and the member must comply with that\ndirection.\n5.2 Point of order\n(1) The following are to be recognised as valid points of order—\n(a) a breach of any written law, including this local law and the City of Swan Code of Conduct for\nCouncillors and Committee Members;\n(b) the absence of a quorum;\n(c) a speaker’s remarks not being relevant to the motion or amendment being debated;\n(d) a speaker’s use of offensive, indecent or insulting expressions or uncalled for insinuations\nregarding a person’s motives or conduct; or\n(e) the presentation of false or misleading information.\n(2) A member rising to express a difference of opinion, or to contradict a speaker, shall not be\nrecognised as raising a point of order.\n(3) Despite anything in this local law to the contrary, a point of order—\n(a) takes precedence over any discussion; and\n(b) until determined by the Presiding Member, suspends the consideration or discussion of any\nmatter.\n5.3 Procedures on a point of order\n(1) A member who raises a point of order may interrupt any other member who is speaking.\n(2) A member interrupted on a point of order is to resume his or her seat until the member raising the\npoint of order has been heard.\n(3) A member raising a point of order shall state exactly what the point of order is and in the case of\nsubclause 5.2(1)(a) the member must state the provision believed to be breached.\n(4) The Presiding Member may give the member who was interrupted an opportunity to make an\nexplanation about the point of order raised.\n(5) The Presiding Member is to give a ruling either upholding or rejecting the point of order and is not\nobliged to give reasons for the ruling.\n(6) 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 procedural motion moved immediately after the ruling, dissent from the\nruling.\n5.4 Preservation of order—Persons other than members\n(1) Any person attending a meeting must extend due courtesy and respect to the meeting and the\nprocesses under which it operates and must comply with any direction by the Presiding Member.\n(2) A person attending a meeting must not create a disturbance, by interrupting or interfering with\nthe orderly conduct of the proceedings, whether by expressing approval or dissent, by conversing or by\nany other means.\n(3) A person is not to display any offensive, indecent or insulting item or words in the meeting room or\nbrandish any item that could be used as a weapon or is considered offensive.\n(4) A person is not to use any electronic, visual or audio recording or transmitting device or\ninstrument to record the proceedings of a meeting unless so resolved by the Council.\n(5) Where a person is considered by the Presiding Member to be in breach of subclauses (1), (2), (3)\nor (4) the Presiding Member may issue a warning to that person.\n(6) If after being warned, that person refuses or fails to comply with the direction of the Presiding\nMember, the Presiding Member may expel the person from the meeting.\n(7) A person who is ordered to leave the meeting room and fails to do so may, by order of the Presiding\nMember, be removed from the meeting room and, if the Presiding Member orders, from the premises.\n(8) Any person removed from the meeting room must not return to the meeting room without the\napproval of the Presiding Member.\n5.5 Presiding Member may adjourn meeting\n(1) For the purpose of preserving or regaining order, the Presiding Member may adjourn the meeting\nfor a period not exceeding 30 minutes.\n(2) On resumption, the debate is to continue at the point at which the meeting was adjourned.\n(3) If, at any one meeting, the Presiding Member adjourns the meeting more than once for the\npurpose of preserving or regaining order, the second or subsequent adjournment may be to a later\ntime on the same day or to another day.\n\n1 March 2019 GOVERNMENT GAZETTE, WA 571\nPART 6—MOTIONS\n6.1 Introducing a Motion or an Amendment\n(1) The procedure for moving any motion or amendment is—\n(a) A member who wishes to move a motion that is different to the officer recommendation, is to\ngive notice of that motion two business days before the meeting, where possible.\n(b) Any motion for which notice has not been given in accordance with paragraph (a) is required\nto have the consent of the person presiding.\n(c) The mover must state the motion without speaking to it and is to put the motion in writing if\nrequired by the Presiding Member.\n(d) The motion must be seconded. If a motion is not seconded, the motion lapses for a want of a\nseconder.\n(2) If two or more members indicate they wish to move a motion, the Presiding Member shall decide\nthe order in which they are put.\n(3) If the Presiding Member wishes to move or second a motion then the Presiding Member must\nvacate the chair and not return to it until the motion has been resolved upon.\n(4) Where a member moves a motion which differs from the relevant recommendation, or an\namendment to a motion, the Presiding Member shall ask if the CEO wishes to give an oral report to\nthe meeting.\n(5) Clause 6.1(1) does not apply to any motion or decision to revoke or change a decision that has been\nmade at a Council or committee meeting.\n6.2 Unopposed business\n(1) Immediately after a motion has been moved and seconded, the Presiding Member may ask the\nmeeting if any member opposes it.\n(2) If no member opposes the motion, the Presiding Member may declare the motion carried without\ndebate and without taking a vote. A motion declared carried under this clause is to be recorded in the\nminutes as a unanimous decision of the meeting.\n(3) If a member opposes a motion, the Presiding Member may ask those members opposed to the\nmotion if they wish to debate the motion. If any member responds in the affirmative, the motion is to\nbe debated otherwise it is put to the vote immediately.\n6.3 Only one substantive motion at a time\nThe Council or committee—\n(a) is not to accept a substantive motion while another substantive motion is being debated; and\n(b) is not to consider more than one substantive motion at a time.\n6.4 Variations to a motion or an amendment\n(1) If any member proposes a variation to a motion prior to debate commencing, with the agreement of\nthe mover and seconder the variation is included into the motion.\n(2) If any member proposes a variation to a motion during debate, the Presiding Member shall ask\nwhether any member objects to the variation.\n(3) If there is no objection, the proposed variation is included into the motion.\n(4) If an objection is received by a member who has spoken, the proposed variation must be dealt with\nas an amendment.\n6.5 Order of Debate\n(1) The Presiding Member is to invite speakers to a motion in the following order—\n(a) the mover to speak to the motion;\n(b) the seconder to speak to the motion;\n(c) a speaker against the motion;\n(d) a speaker for the motion;\n(e) other speakers against and for the motion, alternating where possible; and\n(f) mover takes right of reply, which closes debate.\n(2) The Presiding Member may only debate the motion when all Councillors who wish to speak to the\nmotion have done so, and just before closure of debate by the mover of the motion.\n6.6 Duration of speeches\nA member may speak on a personal explanation, motion or an amendment, or reply, for 5 minutes,\nunless an extension of time is granted by the Council without debate, but a member’s total speaking\ntime must not exceed 10 minutes.\n6.7 Limitation on members speaking\nA member must not address the meeting more than once on any motion or amendment except—\n(a) as the mover of a substantive motion or amendment, to exercise a right of reply;\n\n572 GOVERNMENT GAZETTE, WA 1 March 2019\n(b) to raise a point of order;\n(c) through the Presiding Member to ask a question concerning and relevant to the subject\nmatter of the motion or amendment of another member or employee present at the meeting;\nor\n(d) to make a personal explanation under clause 4.9.\n6.8 Right of reply\n(1) The mover of a substantive motion has the right of reply.\n(2) The right of reply may be exercised only—\n(a) where no amendment is moved to the substantive motion—at the conclusion of the discussion\non the motion; or\n(b) where one or more amendments have been moved to the substantive motion—at the\nconclusion of the discussion on the substantive motion and any amendments.\n(3) After the mover of the substantive motion has commenced the reply—\n(a) no other member is to speak on the motion; and\n(b) there is to be no further discussion on, or any further amendment to, the motion.\n(4) The right of reply is to be confined to rebutting arguments raised by previous speakers and no new\nmatter is to be introduced.\n(5) At the conclusion of the right of reply, the motion is immediately to be put to the vote.\n6.9 Limit of debate\nThe Presiding Member may offer the right of reply and put a substantive motion to the vote if he or\nshe believes that sufficient discussion has taken place and where no other member has given an\nindication to speak to the motion.\n6.10 Amendments\n(1) A member may move an amendment to a motion at any time during debate on the motion,\nexcept—\n(a) if the mover has been called by the Presiding Member to exercise the right of reply;\n(b) if the member has already spoken to the substantive motion; or\n(c) if another amendment is being debated, or has not been withdrawn, carried or lost.\n(2) An amendment must be relevant to the motion to which it is moved and must not have the effect of\nnegating the motion.\n(3) An amendment to a motion is to take only one of the following forms—\n(a) that certain words be omitted, substituted or added; or\n(b) that certain parts be omitted and others substituted or added.\n(4) Only one amendment is to be debated at a time, but as often as an amendment is withdrawn,\ncarried or lost, another amendment may be moved before the substantive motion is put to the vote.\n(5) Where an amendment is carried, the substantive motion as amended is, for all purposes of\nsubsequent debate, to be treated as the substantive motion.\n(6) The mover of an amendment has the right of reply at the conclusion of the discussion on the\namendment.\n6.11 Withdrawal of motions\n(1) The Council or a committee may, without debate, grant leave to withdraw a motion or amendment\non the request of the mover of the motion or amendment if—\n(a) it has the approval of the seconder; and\n(b) there is no voice expressed to the contrary by any member.\n(2) If either paragraph (a) or (b) of subclause (1) does not apply, the discussion on the motion or\namendment is to continue.\n(3) Where an amendment has been proposed to a substantive motion, the substantive motion is not to\nbe withdrawn, except by consent of the majority of members present, until the amendment proposed\nhas been withdrawn or lost.\n6.12 Division of motions\nThe Presiding Member may require that a complex motion or amendment be divided and put in the\nform of more than one motion, each of which is to be put in sequence.\n6.13 Right to Ask Questions\n(1) At any time during the debate on a motion before the motion is put, a member may ask a question\nand, with the consent of the Presiding Member, may ask one or more further questions.\n(2) Questions asked by a member, and responses given by a member or an employee—\n(a) are to be brief and concise, and\n\n1 March 2019 GOVERNMENT GAZETTE, WA 573\n(b) are not to be accompanied by—\n(i) expression of opinion, statement of fact or other comment, except where necessary to\nexplain the question or answer; or\n(ii) any discussion or further question, except with the consent of the Presiding Member.\n(3) In answering any question, a member or an employee may qualify his or her answer and may at a\nlater time in the meeting or at a later meeting alter, correct, add to or otherwise amend his or her\noriginal answer.\nPART 7—PROCEDURAL MOTIONS\n7.1 Permissible procedural motions\nA member may move any of the following procedural motions—\n(a) that the motion be now put;\n(b) that the meeting proceed to the next business;\n(c) that the matter lie on the table;\n(d) that debate be adjourned;\n(e) that the meeting be adjourned;\n(f) refer to a committee;\n(g) refer back to a committee; or\n(h) that the ruling of the Presiding Member be disagreed with.\n7.2 Moving a procedural motion\n(1) With the exception of subclause 7.1(h) a member who has moved, seconded or spoken for or\nagainst a motion or amendment, cannot move a procedural motion.\n(2) A member may not move or second the same procedural motion during the debate of a matter\nmore than once.\n(3) A member may not move or second a procedural motion ‘that the meeting be adjourned’ more than\nonce during a meeting.\n7.3 Support Required\nA procedural motion is passed by a simple majority voting in favour of that motion, with or without\nthe exercise of a casting vote, except for a motion “that the motion now be put” which requires the\nsupport of a 75% majority of members present, rounded down to the nearest whole number.\n7.4 How dealt with and effect\nSubject to any other provision of this local law, procedural motions must be dealt with in accordance\nwith the following table.\nProcedural\nMotion\nCan the\nspeaker be\ninterrupted?\nDoes the\nPresiding\nMember have\ndiscretion to\nrefuse\nMotion?\nIs Debate\npermitted\non Motion?\nIs the\nMover\nentitled\nto Right\nof Reply\nIs an\nAmendment\npermitted\nEffect if Carried Effect if\nlost\nThat the\nmotion be\nnow put\nYes Yes No No No During debate on a substantive\nmotion\nThe Presiding Member is to offer\nthe right of reply to the mover of\nthe substantive motion then put\nthe substantive motion to the\nvote.\nDuring debate of an amendment\nThe Presiding Member is to put\nthe amendment to the vote\nimmediately.\nDebate\nresumes at\npoint of\ninterruption.\nThat the\nmeeting\nproceed to\nthe next\nbusiness\nNo No The Mover\nmay speak\nto the\nmotion for\nnot more\nthan three\nminutes\notherwise no\ndebate\nNo No During debate on a substantive\nmotion\n(a) the names of members who\nhave spoken on the matter are\nto be recorded in the minutes,\nand\n(b) the matter is set aside for the\nmeeting and the meeting is to\nproceed to the next item of\nbusiness.\nThe matter may not be brought\nforward again until a later\nmeeting when it is included in\nan agenda.\nDebate resumes at point of\ninterruption.\nDuring debate of an amendment\nThe amendment is disposed of\nand debate on the substantive\nmotion is resumed.\nDebate\nresumes at\npoint of\ninterruption.\n\n574 GOVERNMENT GAZETTE, WA 1 March 2019\nProcedural\nMotion\nCan the\nspeaker be\ninterrupted?\nDoes the\nPresiding\nMember have\ndiscretion to\nrefuse\nMotion?\nIs Debate\npermitted\non Motion?\nIs the\nMover\nentitled\nto Right\nof Reply\nIs an\nAmendment\npermitted\nEffect if Carried Effect if\nlost\nThat the\nmatter lie on\nthe table\nNo No The Mover\nmay speak\nto the\nmotion for\nnot more\nthan three\nminutes\notherwise no\ndebate\nNo No Debate on the substantive\nmotion and any amendment\nmust cease, and\n(a) the names of members who\nhave spoken on the matter\nare to be recorded in the\nminutes, and\n(b) the meeting is to proceed to\nthe next item of business.\nThe matter requires a motion to\ntake the matter from the table.\nThe mover and seconder to take\nthe matter from the table may\nbe from any member and debate\nresumes at the point of\ninterruption.\nDebate\nresumes at\npoint of\ninterruption.\nThat debate\nbe adjourned\nNo No Yes Yes As to time,\ndate and\nplace only\nDebate on the substantive\nmotion and any amendment\nmust cease, and—\n(a) the names of members who\nhave spoken on the matter\nare to be recorded in the\nminutes, and\n(b) the meeting is to proceed to\nthe next item of business.\nMove to the next item of\nbusiness.\nIncluded in the agenda for the\nnext ordinary meeting or at a\ndate specified in the motion.\nDebate\nresumes at\npoint of\ninterruption.\nThat the\nmeeting be\nadjourned\n(may include\ndate and\ntime)\nNo No Yes Yes As to time,\ndate and\nplace only.\nDebate on the substantive\nmotion and any amendment\nmust cease, and—\n(a) the names of members who\nhave spoken on the matter\nare to be recorded in the\nminutes, and\n(b) the Presiding Member is to\nadjourn the meeting, and no\nfurther business may be\ntransacted.\nAny business outstanding on the\nagenda for that meeting shall be\ncarried forward to the agenda\nfor the next ordinary meeting or\nat a date specified in the motion.\nDebate\nresumes at\npoint of\ninterruption.\nRefer to a\ncommittee\nNo No Yes Yes Yes Matter is referred to the\nCommittee and all discussion on\nit ceases.\nDebate\nresumes at\npoint of\ninterruption.\nRefer back to\na committee\nNo Yes Yes Yes No Matter is referred back to the\nCommittee and all discussion on\nit ceases.\nDebate\nresumes at\npoint of\ninterruption.\nThat the\nruling of the\nPresiding\nMember be\ndisagreed\nwith\nNo\nMust be done\nimmediately\nafter ruling\nNo The Mover\nmay speak\nto the\nmotion for\nnot more\nthan three\nminutes\notherwise no\ndebate\nNo No The ruling is to have no effect\nand the meeting is to proceed\naccordingly.\nDebate\nresumes at\npoint of\ninterruption.\nPART 8—VOTING\n8.1 Motion—when put\nImmediately after the debate on any motion is concluded and the right of reply has been exercised,\nthe Presiding Member—\n(a) if requested by a member, is again to state the terms of the motion, and\n(b) is to put the motion to the meeting.\n8.2 Method of taking vote\n(1) In taking the vote on any motion or amendment, the Presiding Member—\n(a) is to put the motion, first in the affirmative, and then in the negative;\n(b) may put the motion in this way as often as may be necessary to enable him or her to\ndetermine whether the affirmative or the negative has the majority of votes;\n\n1 March 2019 GOVERNMENT GAZETTE, WA 575\n(c) is to count and determine the votes of members in any way that enables a record to be taken\nof each member’s vote; and\n(d) is to declare the result.\n8.3 Votes to be recorded\nThe minutes of the meeting are to include the names of members voting in the affirmative and the\nnames of the members voting in the negative.\n8.4 No speaking after conclusion of debate\nA member must not speak on any motion or amendment after the motion has been put other than on\na motion under Part 9.\nPART 9—REVOCATION MOTIONS\n9.1 Revoking or changing decisions at the same meeting—procedure\n(1) A member who wishes to move a revocation motion at the same meeting where the decision is\nmade 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 revocation motion to revoke a decision made at a meeting before\nthe close of that meeting, the CEO must immediately advise the Presiding Member of the substance\nof the revocation motion and raise it as an item of urgent business.\n(3) Where the Presiding Member is advised of a revocation motion they are to—\n(a) advise the meeting of the notice;\n(b) state the substance of the revocation motion;\n(c) determine whether there is sufficient support in accordance with the Administration\nRegulations; and\n(d) if there is sufficient support, deal with the revocation motion.\n9.2 Revoking or changing decisions after the meeting—procedure\n(1) A member wishing to move a revocation motion at a future meeting must give a valid notice of a\nrevocation motion.\n(2) A valid notice of a revocation motion to revoke or change a decision is to be made in accordance\nwith the Act, the Administration Regulations and with the notice of motion provisions in clause 2.11.\n(3) A member who wishes to move a revocation motion after the meeting may provide the CEO with\nwritten notice of his or her intent to submit a valid notice of motion to revoke or change a decision in\nadvance of submission of the notice.\n(4) A meeting shall not consider a motion to revoke or change a decision if at the time the time the\nmotion is moved or notice is given—\n(a) any action has been taken 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 has been put into effect in writing to the applicant or the applicant’s agent by an\nemployee of the local government authorised by CEO to do so,\nwithout having considered a statement of impact prepared by or at the direction of the CEO.\n9.3 Implementing a decision\n(1) No steps are to be taken to implement or give effect to a resolution—\n(a) if, before commencing any implementation action a valid notice of revocation motion is\nreceived; and\n(b) until the valid notice of revocation motion has been determined\n(2) Where a notice of intent to submit a revocation motion is provided in accordance with clause 9.2(3)\nsteps taken to implement or give effect to a resolution will be suspended for 48 hours.\nPART 10—COMMITTEES\n10.1 Establishment and appointment of committees\nA Council resolution to establish a committee under section 5.9 of the Act is to include—\n(a) the terms of reference of the committee;\n(b) the number of Council members, employees and other persons to be appointed to the\ncommittee;\n(c) the names or titles of the Council members or 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\nprocedure to be followed to determine the appointments, and\n(e) details of the delegation of any powers or duties to the committee under section 5.16 of the\nAct.\n10.2 Calling committee meetings\n(1) A meeting of a committee is to be held—\n(a) if called for by either—\n(i) the Presiding Member of the committee; or\n\n576 GOVERNMENT GAZETTE, WA 1 March 2019\n(ii) 1/3 of the members of the committee,\nin a notice to the CEO setting out the date, and purpose of the proposed meeting;\n(b) in accordance with a decision of the Council or the committee; or\n(c) if so determined by the CEO.\n10.3 Convening committee meetings\n(1) The CEO is to convene an ordinary meeting of a committee by giving each member of the\ncommittee at least 72 hours’ notice of the date, time and place of the meeting and an agenda for the\nmeeting.\n(2) The CEO is to convene a special meeting of a committee by giving each member of the committee\nnotice, before the meeting, of the date, time, place and purpose of the meeting.\n10.4 Participation of persons other than member at committee meetings\n(1) In this clause, person means a person who—\n(a) is entitled to attend a committee meeting;\n(b) attends a committee meeting;\n(c) is not a member of that committee.\n(2) Without the consent of the Presiding Member, no person is to address a committee meeting.\n(3) A person addressing the committee with the consent of the Presiding Member must cease that\naddress immediately after being directed to do so by the Presiding Member.\n(4) A person who fails to comply with a direction of the Presiding Member under subclause (3) may, by\norder of the Presiding Member, be removed from the meeting room.\n10.5 Substitution of deputy at committee meetings\nWhere a member discloses an interest on an item on the agenda for a Committee and withdraws from\nparticipation in that item, the Presiding Member is to invite a deputy, if present, to participate as a\nmember of the committee in place of the disclosing member during the consideration of that item\nonly.\nPART 11—SUSPENSION OF LOCAL LAW\n11.1 Suspension of this local law\n(1) A member may, at any time, move that the operation of one or more of the provisions of this local\nlaw be suspended.\n(2) A member moving a motion under subclause (1) is to identify the clause or clauses to be\nsuspended, and state the reasons for the motion, but no other discussion is to take place.\n(3) A motion under subclause (1) which is seconded and carried is to suspend the operation of the\nclause or clauses to which the motion relates for the duration of the discussion on any matter, unless\nthe meeting resolves otherwise.\n11.2 When this local law does not apply\n(1) In situations where—\n(a) one or more provisions of this local law have been suspended; or\n(b) a matter is not regulated by the Act, the Regulations or this local law,\nthe Presiding Member is to decide questions relating to the conduct of the meeting.\n(2) The decision of the Presiding Member under subclause (1) is final, except where a motion of\ndissent is moved and carried in accordance with Part 7.\n(3) Notwithstanding the provisions of subclause (1), the Presiding Member may call for a vote on a\nruling open to him or her under subclause (1).\n(4) The vote is to be taken without a motion and without debate and the Presiding Member shall be\nbound by the outcome of the vote.\nPART 12—ENFORCEMENT\n12.1 Breach of this local law\n(1) The Presiding Member at a meeting shall be responsible for ensuring that this local law is\ncomplied with during the course of the meeting.\n(2) A person who breaches a provision of this local law commits an offence.\nPenalty: $1,000, and where the offence is of a continuing nature, a daily penalty of $100.\n————\nDated: 8 February 2019.\nThe Common Seal of the City of Swan was affixed in the presence of—\nDAVID LUCAS, Mayor.\nMICHAEL JAMES FOLEY, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This local law appears to be a standard meeting procedures by-law that aligns with its stated purpose in clause 1.3: 'to provide for the proper conduct of Council meetings, Committee meetings, agenda forums and briefing sessions.' It repeals and replaces a 2015 version (clause 1.6), suggesting it is an updated iteration of existing meeting procedures rather than an expansion into new areas. The scope remains focused on procedural governance of council meetings without significant mission creep."},"complexity_factors":["12 Parts with 47 clauses, creating a lengthy and highly structured document","Extensive cross-referencing to the Local Government Act 1995, Local Government (Administration) Regulations 1996, and Local Government (Rules of Conduct) Regulations 2007","Detailed procedural tables (Part 7) with 8 columns specifying different rules for different types of procedural motions","Multiple nested conditions and exceptions (e.g., clause 2.10 on urgent business has 4 subclauses with multiple 'provided that' conditions)","Specific time limits and numerical thresholds throughout (e.g., 2 minutes for public statements, 10 minutes for deputations, 15 business days for notices of motion, 75% majority for 'motion be now put')","Complex amendment rules in Part 6 with restrictions on when amendments can be moved and what forms they can take","Conditional logic for revocation motions (Part 9) with different procedures for same-meeting vs future-meeting revocations and implementation freeze rules","18 defined terms in clause 1.5, plus incorporation by reference of definitions from three separate pieces of legislation"],"plain_english_summary":"This local law creates a detailed rulebook for City of Swan council and committee meetings, covering agendas, debate, motions, voting, conflict-of-interest disclosure, public participation, the Presiding Member’s powers to maintain order, and penalties for breaches.\n\nIt binds councillors, committee members, staff and the public, ensuring transparent, orderly decision‑making while managing disruptions, conflicts and allowing structured public input."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The local law's stated scope matches its declared purpose to regulate conduct of Council and committee meetings (clause 1.3) and to apply alongside the Act and Regulations (clause 1.4). It repeals the 2015 Meeting Procedures local law (clause 1.6), but the instrument itself does not expand its subject‑matter beyond meeting procedure rules; it mainly restates and refines procedural requirements and enforcement within that existing remit."},"complexity_factors":["Cross‑references to external instruments (Local Government Act 1995, Administration Regulations, Rules of Conduct Regulations) require users to read multiple sources to understand obligations (clauses 1.4, 1.5).","Detailed timing and notice requirements for motions, notices of motion and committee convening impose compliance burdens (notice periods: clauses 2.11, 6.1, 10.3).","Multiple procedural exceptions and special-case rules increase branching complexity (urgent business, adjourned meetings, revocation motions, clauses 2.10, 2.11, 9.1–9.3).","Extensive discretionary powers given to the Presiding Member and the CEO affect application in practice (delegation/consent powers: clauses 2.6(4)–(5), 5.1, 11.2).","Procedural motions table contains many different effects and threshold rules (including a 75% threshold for 'that the motion be now put'), creating non‑uniform voting rules (clauses 7.1–7.4).","Limits on speech and complexity of debate rules (time limits, single substantive motion, amendments, right of reply) require careful time and speaking management (clauses 6.1–6.9, 6.13).","Enforcement and penalties introduce direct costs for non‑compliance (offence and fines: clause 12.1), plus potential daily penalties for continuing breaches.","Recordkeeping and transparency obligations (recording names, votes, minutes requirements and suspension procedures) add administrative workload (clauses 2.13, 8.3, 9.3).","Specific rules for conflicts of interest, substitution and observer conduct interface with statutory conduct regimes, increasing interpretive complexity (Parts 3 and 10, clauses 3.1–3.3, 10.5)."],"plain_english_summary":"This local law sets the rules for how the City of Swan conducts council and committee meetings, agenda forums and briefing sessions — including who may speak, time limits, notice requirements, voting and vote recording, disclosure of interests, and penalties for breaches. It affects councillors, appointed committee members, council staff and members of the public who attend or present at meetings because it creates procedural obligations, timelines and enforcement mechanisms and gives the Presiding Member and CEO operational discretion."}},"importantCases":[],"_links":{"self":"/api/acts/city-of-swan-meeting-procedures-local-law-2019","history":"/api/acts/city-of-swan-meeting-procedures-local-law-2019/history","analysis":"/api/acts/city-of-swan-meeting-procedures-local-law-2019/analysis","conflicts":"/api/acts/city-of-swan-meeting-procedures-local-law-2019/conflicts","importantCases":"/api/acts/city-of-swan-meeting-procedures-local-law-2019/important-cases","documents":"/api/acts/city-of-swan-meeting-procedures-local-law-2019/documents"}}