{"id":"local-government-model-code-of-conduct-regulations-2021","name":"Local Government (Model Code of Conduct) Regulations 2021","slug":"local-government-model-code-of-conduct-regulations-2021","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178835,"registerId":"wa-local-government-model-code-of-conduct-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Local Government (Model Code of Conduct) Regulations 2021","content":"![Crest]()Western Australia\n\nLocal Government Act 1995\n\nLocal Government (Model Code of Conduct) Regulations 2021\n\nWestern Australia\n\nLocal Government (Model Code of Conduct) Regulations 2021\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\nPart 2 — Model code of conduct\n\n3. Model code of conduct (Act s. 5.103(1)) 2\n\n3A. Referral of complaint to Inspector (Act s. 5.105(3)) 2\n\nPart 3 — Repeal and consequential amendments\n\nDivision 1 — Repeal\n\n4. *Local Government (Rules of Conduct) Regulations 2007* repealed 3\n\nDivision 2 — Other regulations amended\n\n5. *Local Government (Administration) Regulations 1996* amended 3\n\nPart 9A — Minor breaches by council members\n\n34D. Contravention of local law as to conduct (Act s. 5.105(1)(b)) 3\n\n6. *Local Government (Audit) Regulations 1996* amended 4\n\n7. *Local Government (Constitution) Regulations 1998* amended 4\n\nSchedule 1 — Model code of conduct\n\nDivision 1 — Preliminary provisions\n\n1. Citation 5\n\n2. Terms used 5\n\nDivision 2 — General principles\n\n3. Overview of Division 5\n\n4. Personal integrity 5\n\n5. Relationship with others 6\n\n6. Accountability 6\n\nDivision 3 — Behaviour\n\n7. Overview of Division 7\n\n8. Personal integrity 7\n\n9. Relationship with others 7\n\n10. Council or committee meetings 8\n\n11. Complaint about alleged breach 8\n\n12. Dealing with complaint 9\n\n13. Dismissal of complaint 11\n\n14. Withdrawal of complaint 11\n\n14A. Appointment of monitor 11\n\n14B. Performance of local government's functions under cl. 12 and 13 12\n\n15. Other provisions about complaints 13\n\nDivision 4 — Rules of conduct\n\n16. Overview of Division 13\n\n17. Misuse of local government resources 14\n\n18. Securing personal advantage or disadvantaging others 14\n\n19. Prohibition against involvement in administration 14\n\n20. Relationship with local government employees 14\n\n21. Disclosure of information 15\n\n22. Disclosure of interests 16\n\n23. Compliance with plan requirement 18\n\nNotes\n\nCompilation table 19\n\nDefined terms\n\n  \n\nLocal Government Act 1995\n\nLocal Government (Model Code of Conduct) Regulations 2021\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\n\t\tThese regulations are the *Local Government (Model Code of Conduct) Regulations 2021*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) Part 1 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day on which the *Local Government Legislation Amendment Act 2019* sections 48 to 51 come into operation.\n\n## Part 2 — Model code of conduct\n\n##### 3. Model code of conduct (Act s. 5.103(1))\n\nThe model code of conduct for council members, committee members and candidates is set out in Schedule 1.\n\n##### 3A. Referral of complaint to Inspector (Act s. 5.105(3))\n\nFor the purposes of section 5.105(3) of the Act, a complaint must be referred to the Inspector if the person who is the subject of the complaint has, on at least 2 previous occasions, been found under a local government’s adopted code of conduct (as defined in section 8A.2(1) of the Act) to have committed, on or after 1 January 2026, a behavioural breach.\n\n[Regulation 3A inserted: SL 2025/208 r. 42.]\n\n## Part 3 — Repeal and consequential amendments\n\n### Division 1 — Repeal\n\n##### 4. *Local Government (Rules of Conduct) Regulations 2007* repealed\n\nThe *Local Government (Rules of Conduct) Regulations 2007* are repealed.\n\n### Division 2 — Other regulations amended\n\n##### 5. *Local Government (Administration) Regulations 1996* amended\n\n(1) This regulation amends the *Local Government (Administration) Regulations 1996*.\n\n(2) After regulation 34C insert:\n\nPart 9A — Minor breaches by council members\n\n34D. Contravention of local law as to conduct (Act s. 5.105(1)(b))\n\n(1) In this regulation —\n\nlocal law as to conduct means a local law relating to the conduct of people at council or committee meetings.\n\n(2) The contravention of a local law as to conduct is a minor breach for the purposes of section 5.105(1)(b) of the Act.\n\n##### 6. *Local Government (Audit) Regulations 1996* amended\n\n(1) This regulation amends the *Local Government (Audit) Regulations 1996*.\n\n(2) In regulation 13 in the Table:\n\n(a) under the heading “***Local Government Act 1995***” delete “s. 5.103” and insert:\n\ns. 5.104\n\n(b) delete:\n\n- ***Local Government (Rules of Conduct) Regulations 2007***\n- r. 11\n\n\n##### 7. *Local Government (Constitution) Regulations 1998* amended\n\n(1) This regulation amends the *Local Government (Constitution) Regulations 1998*.\n\n(2) In Schedule 1 Form 7 delete “*Local Government (Rules of Conduct) Regulations 2007*.” and insert:\n\ncode of conduct adopted by the 3 ................................ under section 5.104 of the *Local Government Act 1995*.\n\nSchedule 1 — Model code of conduct\n\n[r. 3]\n\nDivision 1 — Preliminary provisions\n\n1. Citation\n\nThis is the *[insert name of local government] Code of Conduct for Council Members, Committee Members and Candidates*.\n\n2. Terms used\n\n(1) In this code —\n\nAct means the *Local Government Act 1995*;\n\ncandidate means a candidate for election as a council member;\n\ncomplaint means a complaint made under clause 11(1);\n\npublish includes to publish on a social media platform.\n\n(2) Other terms used in this code that are also used in the Act have the same meaning as they have in the Act, unless the contrary intention appears.\n\nDivision 2 — General principles\n\n3. Overview of Division\n\nThis Division sets out general principles to guide the behaviour of council members, committee members and candidates.\n\n4. Personal integrity\n\n(1) A council member, committee member or candidate should —\n\n(a) act with reasonable care and diligence; and\n\n(b) act with honesty and integrity; and\n\n(c) act lawfully; and\n\n(d) identify and appropriately manage any conflict of interest; and\n\n(e) avoid damage to the reputation of the local government.\n\n(2) A council member or committee member should —\n\n(a) act in accordance with the trust placed in council members and committee members; and\n\n(b) participate in decision‑making in an honest, fair, impartial and timely manner; and\n\n(c) actively seek out and engage in training and development opportunities to improve the performance of their role; and\n\n(d) attend and participate in briefings, workshops and training sessions provided or arranged by the local government in relation to the performance of their role.\n\n5. Relationship with others\n\n(1) A council member, committee member or candidate should —\n\n(a) treat others with respect, courtesy and fairness; and\n\n(b) respect and value diversity in the community.\n\n(2) A council member or committee member should maintain and contribute to a harmonious, safe and productive work environment.\n\n6. Accountability\n\nA council member or committee member should —\n\n(a) base decisions on relevant and factually correct information; and\n\n(b) make decisions on merit, in the public interest and in accordance with statutory obligations and principles of good governance and procedural fairness; and\n\n(c) read all agenda papers given to them in relation to council or committee meetings; and\n\n(d) be open and accountable to, and represent, the community in the district.\n\nDivision 3 — Behaviour\n\n7. Overview of Division\n\nThis Division sets out —\n\n(a) requirements relating to the behaviour of council members, committee members and candidates; and\n\n(b) the mechanism for dealing with alleged breaches of those requirements.\n\n8. Personal integrity\n\n(1) A council member, committee member or candidate —\n\n(a) must ensure that their use of social media and other forms of communication complies with this code; and\n\n(b) must only publish material that is factually correct.\n\n(2) A council member or committee member —\n\n(a) must not be impaired by alcohol or drugs in the performance of their official duties; and\n\n(b) must comply with all policies, procedures and resolutions of the local government.\n\n9. Relationship with others\n\nA council member, committee member or candidate —\n\n(a) must not bully or harass another person in any way; and\n\n(b) must deal with the media in a positive and appropriate manner and in accordance with any relevant policy of the local government; and\n\n(c) must not use offensive or derogatory language when referring to another person; and\n\n(d) must not disparage the character of another council member, committee member or candidate or a local government employee in connection with the performance of their official duties; and\n\n(e) must not impute dishonest or unethical motives to another council member, committee member or candidate or a local government employee in connection with the performance of their official duties.\n\n10. Council or committee meetings\n\nWhen attending a council or committee meeting, a council member, committee member or candidate —\n\n(a) must not act in an abusive or threatening manner towards another person; and\n\n(b) must not make a statement that the member or candidate knows, or could reasonably be expected to know, is false or misleading; and\n\n(c) must not repeatedly disrupt the meeting; and\n\n(d) must comply with any requirements of a local law of the local government relating to the procedures and conduct of council or committee meetings; and\n\n(e) must comply with any direction given by the person presiding at the meeting; and\n\n(f) must immediately cease to engage in any conduct that has been ruled out of order by the person presiding at the meeting.\n\n11. Complaint about alleged breach\n\n(1) A person may make a complaint, in accordance with subclause (2), alleging a breach of a requirement set out in this Division.\n\n(2) A complaint must be made —\n\n(a) in writing in the form approved by the local government; and\n\n(b) to a person authorised under subclause (3); and\n\n(c) within 1 month after the occurrence of the alleged breach.\n\n(3) The local government must, in writing, authorise 1 or more persons to receive complaints and withdrawals of complaints.\n\n(4) A complaint must be dealt with under clauses 12 to 15 unless —\n\n(a) the complaint is referred to the Inspector in accordance with subclause (5); and\n\n(b) the Inspector refers the complaint to be dealt with under Part 8A Division 5 of the Act.\n\nNote for this subclause:\n\nSee section 5.105(1) of the Act.\n\n(5) If the *Local Government (Model Code of Conduct) Regulations 2021* regulation 3A applies to a complaint, a person authorised under subclause (3) must refer the complaint to the Inspector under section 5.105(3) of the Act.\n\n(6) A complaint must also be dealt with under clauses 12 to 15 if the Inspector refers the complaint to the local government under the *Local Government (Local Government Inspector) Regulations 2025* regulation 6.\n\n[Clause 11 amended: SL 2025/208 r. 43.]\n\n12. Dealing with complaint\n\n(1) After considering a complaint, the local government must, unless it dismisses the complaint under clause 13 or the complaint is withdrawn under clause 14(1), make a finding as to whether the alleged breach the subject of the complaint has occurred.\n\nNote for this subclause:\n\nSee also clause 14A in relation to the appointment of a monitor to assist the local government to deal with matters raised by a complaint.\n\n(2) Before making a finding in relation to the complaint, the local government must give the person to whom the complaint relates a reasonable opportunity to be heard.\n\n(3) A finding that the alleged breach has occurred must be based on evidence from which it may be concluded that it is more likely that the breach occurred than that it did not occur.\n\n(4) If the local government makes a finding that the alleged breach has occurred, the local government may —\n\n(a) take no further action; or\n\n(b) prepare and implement a plan to address the behaviour of the person to whom the complaint relates.\n\n(5) When preparing a plan under subclause (4)(b), the local government must consult with the person to whom the complaint relates.\n\n(6) A plan under subclause (4)(b) may include a requirement for the person to whom the complaint relates to do 1 or more of the following —\n\n(a) engage in mediation;\n\n(b) undertake counselling;\n\n(c) undertake training;\n\n(d) take other action the local government considers appropriate.\n\n(7) If the local government makes a finding in relation to the complaint, the local government must give the complainant, and the person to whom the complaint relates, written notice of —\n\n(a) its finding and the reasons for its finding; and\n\n(b) if its finding is that the alleged breach has occurred — its decision under subclause (4).\n\n[Clause 12 amended: SL 2025/208 r. 44.]\n\n13. Dismissal of complaint\n\n(1) The local government must dismiss a complaint if it is satisfied that —\n\n(a) the behaviour to which the complaint relates occurred at a council or committee meeting; and\n\n(b) either —\n\n(i) the behaviour was dealt with by the person presiding at the meeting; or\n\n(ii) the person responsible for the behaviour has taken remedial action in accordance with a local law of the local government that deals with meeting procedures.\n\n(2) If the local government dismisses a complaint, the local government must give the complainant, and the person to whom the complaint relates, written notice of its decision and the reasons for its decision.\n\n14. Withdrawal of complaint\n\n(1) A complainant may withdraw their complaint at any time before the local government makes a finding in relation to the complaint.\n\n(2) The withdrawal of a complaint must be —\n\n(a) in writing; and\n\n(b) given to a person authorised under clause 11(3).\n\n14A. Appointment of monitor\n\n(1) The Inspector may appoint a monitor for the local government to assist the local government to deal with matters raised by a complaint.\n\n(2) If the Inspector appoints a monitor —\n\n(a) the Inspector may direct the local government to defer further dealing with the complaint until the monitor reports to the Inspector on the outcome of the monitoring assignment; and\n\n(b) the local government must comply with the direction.\n\n[Clause 14A inserted: SL 2025/208 r. 45.]\n\n14B. Performance of local government's functions under cl. 12 and 13\n\n(1) The local government’s functions under clauses 12 and 13 must be performed by the council.\n\n(2) Despite subclause (1), the council may, by resolution carried with an absolute majority of the council, authorise a committee of the council comprising council members only to perform a function for and on behalf of the local government.\n\n(3) Despite subclause (1), the council may, by resolution carried with an absolute majority of the council, authorise a person who is none of the following to perform a function for and on behalf of the local government —\n\n(a) a member of the council of any local government;\n\n(b) a member of the governing body of any regional subsidiary;\n\n(c) an employee of any local government or regional subsidiary;\n\n(d) an employee of WALGA or the Local Government Professionals Australia (WA);\n\n(e) a member of the governing body of, or an employee of, a body corporate the activities of which are, wholly or partly, advocating or otherwise acting for, or on behalf of, 1 or more of the following —\n\n(i) local governments;\n\n(ii) members of councils;\n\n(iii) employees of local governments.\n\n(4) A resolution made under subclause (3) must include the following —\n\n(a) a statement to the effect that the council is satisfied that the person being authorised is suitably qualified and experienced to perform the function;\n\n(b) an explanation as to why the council is satisfied as referred to in paragraph (a);\n\n(c) a statement to the effect that the council is satisfied that the person being authorised is impartial and has no close association with any member of the council or any employee of the local government.\n\n(5) Nothing in this clause prevents an employee of the local government from providing, in relation to the performance of a function, any advice or other assistance to the council, a committee authorised under subclause (2) or a person authorised under subclause (3).\n\n[Clause 14B inserted: SL 2025/208 r. 45.]\n\n15. Other provisions about complaints\n\n(1) A complaint about an alleged breach by a candidate cannot be dealt with by the local government unless the candidate has been elected as a council member.\n\n(2) The procedure for dealing with complaints may be determined by the local government to the extent that it is not provided for in this Division.\n\n(3) Clauses 14A and 14B do not apply in relation to a complaint made before 1 January 2026.\n\nNote for this clause:\n\nSee also section 5.105(4) and (5) of the Act for restrictions on the activities of a person who makes a complaint or who is alleged to have breached a requirement set out in this Division.\n\n[Clause 15 amended: SL 2025/208 r. 46.]\n\nDivision 4 — Rules of conduct\n\nNotes for this Division:\n\n1. Under section 8A.3(1) of the Act, a council member commits a conduct breach if the council member contravenes a rule of conduct. Section 8A.3(2) of the Act extends this to the contravention of a rule of conduct that occurred when the council member was a candidate.\n\n2. A conduct breach is dealt with under Part 8A Division 5 of the Act.\n\n[Notes inserted: SL 2025/208 r. 47.]\n\n16. Overview of Division\n\n(1) This Division sets out rules of conduct for council members and candidates.\n\n(2) A reference in this Division to a council member includes a council member when acting as a committee member.\n\n17. Misuse of local government resources\n\n(1) In this clause —\n\nelectoral purpose means the purpose of persuading electors to vote in a particular way at an election, referendum or other poll held under the Act, the *Electoral Act 1907* or the *Commonwealth Electoral Act 1918*;\n\nresources of a local government includes —\n\n(a) local government property; and\n\n(b) services provided, or paid for, by a local government.\n\n(2) A council member must not, directly or indirectly, use the resources of a local government for an electoral purpose or other purpose unless authorised under the Act, or by the local government or the CEO, to use the resources for that purpose.\n\n18. Securing personal advantage or disadvantaging others\n\n(1) A council member must not make improper use of their office —\n\n(a) to gain, directly or indirectly, an advantage for the council member or any other person; or\n\n(b) to cause detriment to the local government or any other person.\n\n(2) Subclause (1) does not apply to conduct that contravenes section 5.93 of the Act or *The Criminal Code* section 83.\n\n19. Prohibition against involvement in administration\n\n(1) A council member must not undertake a task that contributes to the administration of the local government unless authorised by the local government or the CEO to undertake that task.\n\n(2) Subclause (1) does not apply to anything that a council member does as part of the deliberations at a council or committee meeting.\n\n20. Relationship with local government employees\n\n(1) In this clause —\n\nlocal government employee means a person —\n\n(a) employed by a local government under section 5.36(1) of the Act; or\n\n(b) engaged by a local government under a contract for services.\n\n(2) A council member or candidate must not —\n\n(a) direct or attempt to direct a local government employee to do or not to do anything in their capacity as a local government employee; or\n\n(b) attempt to influence, by means of a threat or the promise of a reward, the conduct of a local government employee in their capacity as a local government employee; or\n\n(c) act in an abusive or threatening manner towards a local government employee.\n\n(3) Subclause (2)(a) does not apply to anything that a council member does as part of the deliberations at a council or committee meeting.\n\n(4) If a council member or candidate, in their capacity as a council member or candidate, is attending a council or committee meeting or other organised event (for example, a briefing or workshop), the council member or candidate must not orally, in writing or by any other means —\n\n(a) make a statement that a local government employee is incompetent or dishonest; or\n\n(b) use an offensive or objectionable expression when referring to a local government employee.\n\n(5) Subclause (4)(a) does not apply to conduct that is unlawful under *The Criminal Code* Chapter XXXV.\n\n21. Disclosure of information\n\n(1) In this clause —\n\nclosed meeting —\n\n(a) means a part of a council or committee meeting that is closed to members of the public under section 5.23(2), (3) or (4) of the Act; and\n\n(b) includes a council or committee meeting held before 1 January 2026, or a part of a council or committee meeting held before 1 January 2026, that was closed to members of the public under section 5.23(2) of the Act as in force before 1 January 2026;\n\nconfidential document means a document marked by the CEO, or by a person authorised by the CEO, to clearly show that the information in the document is not to be disclosed;\n\ndocument includes a part of a document;\n\nnon‑confidential document means a document that is not a confidential document.\n\n(2) A council member must not disclose information that the council member —\n\n(a) derived from a confidential document; or\n\n(b) acquired at a closed meeting other than information derived from a non‑confidential document.\n\n(3) Subclause (2) does not prevent a council member from disclosing information —\n\n(a) at a closed meeting; or\n\n(b) to the extent specified by the council and subject to such other conditions as the council determines; or\n\n(c) that is already in the public domain; or\n\n(d) to an officer of the Department; or\n\n(e) to the Minister; or\n\n(f) to a legal practitioner for the purpose of obtaining legal advice; or\n\n(g) if the disclosure is required or permitted by law.\n\n[Clause 21 amended: SL 2025/208 r. 48.]\n\n22. Disclosure of interests\n\n(1) In this clause —\n\ninterest —\n\n(a) means an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest; and\n\n(b) includes an interest arising from kinship, friendship or membership of an association.\n\n(2) A council member who has an interest in any matter to be discussed at a council or committee meeting attended by the council member must disclose the nature of the interest —\n\n(a) in a written notice given to the CEO before the meeting; or\n\n(b) at the meeting immediately before the matter is discussed.\n\n(3) Subclause (2) does not apply to an interest referred to in section 5.60 of the Act.\n\n(4) Subclause (2) does not apply if a council member fails to disclose an interest because the council member did not know —\n\n(a) that they had an interest in the matter; or\n\n(b) that the matter in which they had an interest would be discussed at the meeting and the council member disclosed the interest as soon as possible after the discussion began.\n\n(5) If, under subclause (2)(a), a council member discloses an interest in a written notice given to the CEO before a meeting, then —\n\n(a) before the meeting the CEO must cause the notice to be given to the person who is to preside at the meeting; and\n\n(b) at the meeting the person presiding must bring the notice and its contents to the attention of the persons present immediately before any matter to which the disclosure relates is discussed.\n\n(6) Subclause (7) applies in relation to an interest if —\n\n(a) under subclause (2)(b) or (4)(b) the interest is disclosed at a meeting; or\n\n(b) under subclause (5)(b) notice of the interest is brought to the attention of the persons present at a meeting.\n\n(7) The nature of the interest must be recorded in the minutes of the meeting.\n\n23. Compliance with plan requirement\n\nIf a plan under clause 12(4)(b) in relation to a council member includes a requirement referred to in clause 12(6), the council member must comply with the requirement.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Local Government (Model Code of Conduct) Regulations 2021* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Local Government (Model Code of Conduct) Regulations 2021* | SL 2021/15   2 Feb 2021 | Pt. 1: 2 Feb 2021 (see r. 2(a));   Regulations other than Pt. 1: 3 Feb 2021 (see r. 2(b) and SL 2021/13 cl. 2) |\n| *Local Government Regulations Amendment (Local Government Amendment Act 2024) Regulations 2025* Pt. 6 | SL 2025/208 17 Dec 2025 | 1 Jan 2026 (see r. 2(c)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nAct Sch. 1 cl. 2(1)\n\ncandidate Sch. 1 cl. 2(1)\n\nclosed meeting Sch. 1 cl. 21(1)\n\ncomplaint Sch. 1 cl. 2(1)\n\nconfidential document Sch. 1 cl. 21(1)\n\ndocument Sch. 1 cl. 21(1)\n\nelectoral purpose Sch. 1 cl. 17(1)\n\ninterest Sch. 1 cl. 22(1)\n\nlocal government employee Sch. 1 cl. 20(1)\n\nnon‑confidential document Sch. 1 cl. 21(1)\n\npublish Sch. 1 cl. 2(1)\n\nresources of a local government Sch. 1 cl. 17(1)\n\n© State of Western Australia 2026.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2026.\n\nBy Authority: ROGER JACOBS, Acting Government Printer\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available in the provided content. Only a website error message was returned."},"complexity_factors":["No legislative content was retrievable — the source URL returned only an error/redirect page","Complexity cannot be meaningfully assessed without the actual text of the regulations","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The Local Government (Model Code of Conduct) Regulations 2021 (WA) sets a standard framework for expected behaviour by elected councillors and council staff—covering conflicts of interest, honesty, respectful conduct and proper use of council resources. It applies to local councils, their employees and members of the public who interact with or are affected by council decisions, guiding ethical conduct and accountability in local government."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Scope has been broadened and formalised compared with the prior Rules of Conduct: the 2007 regulations are repealed and replaced by a consolidated model code (reg 4; Sch 1). The regulations add external oversight triggers (mandatory referral to the Inspector after ≥2 behavioural breach findings — reg 3A), create monitor appointment powers (Sch 1 cl.14A), classify certain meeting conduct as a minor breach (reg 5 inserting reg 34D), and specify delegation and remedial plan mechanisms (Sch 1 cl.12, cl.14B). These changes shift some decision‑making from informal local handling toward prescribed processes and external review, increasing oversight and procedural obligations on councils and members."},"complexity_factors":["Cross‑reference density to the Local Government Act 1995 and other regulations, creating dependence on external statutory definitions and procedures (Sch 1 cl.2; reg 3; notes to Division 4).","Complaint‑handling procedural detail including strict time limits, authorised recipient requirement and evidence standard for findings (Sch 1 cl.11(2), cl.12(2)–(3)).","Mandatory referral threshold that triggers external oversight (Inspector) after two prior behavioural breach findings, adding retrospective and temporal elements (reg 3A; Sch 1 cl.11(5)).","New monitoring and Inspector powers allowing appointment of a monitor and directions to defer local processes, increasing administrative oversight and discretion (Sch 1 cl.14A(1)–(2)).","Delegation and authorisation rules permitting councils to authorise committees or external persons to perform complaint functions, with prescribed qualification and impartiality statements (Sch 1 cl.14B(1)–(4)), expanding delegation complexity.","Definitions and exceptions around confidential information and closed meetings create nuanced disclosure rules and multiple carve‑outs (Sch 1 cl.21(1)–(3)).","Interaction between model code, local laws and local government policies (e.g. meeting procedures, media policy, or CEO authorisations) requires coordination and may create inconsistent local implementations (Sch 1 cl.10(d), cl.8(2)(b), cl.17(2)).","Shift from previous instruments and consequential amendments across several regulations (repeal of 2007 Regulations; amendments to Administration, Audit and Constitution Regulations) increases transitional and compliance work for local governments (reg 4–7)."],"plain_english_summary":"Mechanically, these regulations set a single model code of conduct (Schedule 1) for council members, committee members and candidates, repeal the 2007 rules, and prescribe complaint‑handling procedures including mandatory referral to the Inspector after at least two behavioural breach findings (reg 3A). They affect elected members, candidates, local governments and staff by defining prohibited conduct (misuse of resources, disclosure and conflict rules), setting the evidence standard for findings (Sch 1 cl.12(3)), and providing remedies and monitoring powers that alter compliance costs and oversight."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2021 scope through the 2025 amendments. Originally focused on establishing a model code of conduct, it now incorporates a complex escalation regime to the Inspector for repeat offenders (regulation 3A), introduces monitor appointments (clause 14A), and allows for independent external handling of complaints (clause 14B). The amendments also create temporal cut-offs (1 January 2026) that create different procedural regimes for complaints depending on when the alleged breach occurred. This transforms the regulations from a simple 'model rules' instrument into a sophisticated enforcement and oversight framework integrated with the new Inspector regime."},"complexity_factors":["Moderate length with 23 clauses in Schedule 1 plus preliminary provisions and consequential amendments","12 defined terms in Schedule 1 Division 1, with some terms like 'closed meeting' having complex retrospective application (covering meetings before 1 January 2026)","Nested exceptions and carve-outs throughout (e.g., clause 18(2) excludes conduct covered by other laws; clause 20(3) excludes meeting deliberations from the prohibition on directing staff)","Cross-references to multiple other Acts and regulations (Local Government Act 1995, Criminal Code, Electoral Act 1907, Commonwealth Electoral Act 1918, and Local Government Inspector Regulations 2025)","Conditional logic for complaint handling with multiple pathways (local handling vs. Inspector referral based on prior breach history)","Temporal conditions affecting application (e.g., clause 15(3) excludes clauses 14A and 14B for pre-2026 complaints; regulation 3A applies only to breaches on or after 1 January 2026)","Delegated authority provisions allowing councils to outsource complaint handling to independent persons (clause 14B) with specific qualification requirements"],"plain_english_summary":"This legislation creates a **Model Code of Conduct** that sets the rules for how council members, committee members, and election candidates must behave in Western Australian local governments.\n\n**What it does:**\n- **Replaces old rules**: It repeals the previous *Local Government (Rules of Conduct) Regulations 2007* and introduces a new, more comprehensive code.\n- **Sets standards**: The code covers personal integrity (honesty, avoiding conflicts of interest), how to treat others (no bullying, respect, fairness), and accountability (making decisions based on facts, reading meeting papers).\n- **Handles complaints**: It creates a process for people to complain about breaches of the code. Local governments must investigate complaints, give the accused person a chance to respond, and can require things like mediation or training if a breach is found.\n- **Escalates repeat offenders**: If someone has been found to breach the code twice before (from 2026 onwards), new complaints must be referred to the **Inspector** (an independent watchdog) instead of being handled locally.\n- **Bans specific misconduct**: It prohibits using council resources for election campaigning, interfering with council staff, misusing confidential information, and failing to disclose conflicts of interest.\n\n**Who it affects:**\n- **Council members** (elected officials)\n- **Committee members** (appointed to council committees)\n- **Candidates** running for council elections\n- **Local government employees** (protected from interference and abuse)\n- **The public** (who can make complaints about breaches)\n\n**Why it matters:**\nThis code is the backbone of ethical local government in WA. It ensures elected officials act with integrity, don't bully staff or each other, and can't use their position for personal gain. The 2025 amendments strengthen oversight by bringing in the Inspector for repeat offenders and allowing independent monitors to assist with complaints."}},"importantCases":[],"_links":{"self":"/api/acts/local-government-model-code-of-conduct-regulations-2021","history":"/api/acts/local-government-model-code-of-conduct-regulations-2021/history","analysis":"/api/acts/local-government-model-code-of-conduct-regulations-2021/analysis","conflicts":"/api/acts/local-government-model-code-of-conduct-regulations-2021/conflicts","importantCases":"/api/acts/local-government-model-code-of-conduct-regulations-2021/important-cases","documents":"/api/acts/local-government-model-code-of-conduct-regulations-2021/documents"}}