{"id":"wa-local:claremont-town-of-meeting-procedures-local-laws-2018","name":"Meeting Procedures Local Laws 2018","slug":"meeting-procedures-local-laws-2018","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437624,"registerId":"wa-local:claremont-town-of-meeting-procedures-local-laws-2018-pdf-1775954407548","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Meeting Procedures Local Laws 2018","content":"!2018077GG!\n1711\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, FRIDAY, 25 MAY 2018 No. 77 SPECIAL\nPUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 1.00 PM\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nLOCAL GOVERNMENT ACT 1995\n_________\nTOWN OF CLAREMONT\n———————————\nMEETING PROCEDURES\nLOCAL LAW 2018\n\n\n\n25 May 2018 GOVERNMENT GAZETTE, WA 1713\nLOCAL GOVERNMENT ACT 1995\nTOWN OF CLAREMONT\nMEETING PROCEDURES LOCAL LAW 2018\nTABLE OF CONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Application and intent\n1.4 Interpretation\n1.5 Repeal\n1.6 Provisions of the Act, Regulations and other legislation\nPART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES\n2.1 Establishment of committees\n2.2 Types of committees\n2.3 Delegation of some powers and duties to certain committees\n2.4 Limits on delegation of powers and duties to certain committee\n2.5 Appointment of committee members\n2.6 Tenure of committee membership\n2.7 Resignation of committee members\n2.8 Register of delegations to committees\n2.9 Committees to report\nPART 3—CALLING AND CONVENING MEETINGS\n3.1 Ordinary and special Council meetings\n3.2 Calling Council meetings\n3.3 Convening Council meetings\n3.4 Public notice of meetings\nPART 4—PRESIDING MEMBER AND QUORUM\nDivision 1—Who presides\n4.1 Who presides\n4.2 When the Deputy Mayor can act\n4.3 Who acts if no Mayor\n4.4 Election of Presiding Members of committees\n4.5 Election of Deputy Presiding Members of committees\n4.6 Functions of Deputy Presiding Members\n4.7 Who acts if no Presiding Member\nDivision 2—Quorum\n4.8 Quorum for meetings\n4.9 Reduction of quorum for Council meetings\n4.10 Reduction of Quorum for committee meetings\n4.11 Procedure where no quorum to begin a meeting\n4.12 Procedure where quorum not present during a meeting\n4.13 Names to be recorded\n\n1714 GOVERNMENT GAZETTE, WA 25 May 2018\nPART 5—BUSINESS OF A MEETING\n5.1 Business to be specified\n5.2 Order of business\n5.3 Motions of which previous notice has been given\n5.4 New business of an urgent nature\n5.5 Adoption by exception resolution\nPART 6—PUBLIC PARTICIPATION\n6.1 Meetings generally open to the public\n6.2 Meetings not open to the public\n6.3 Public question time\n6.4 Public question time at certain meetings\n6.5 Minimum question time for the public\n6.6 Procedures for public question time\n6.7 Public statement time\n6.8 Distinguished visitors\n6.9 Deputations\n6.10 Petitions\n6.11 Presentations\n6.12 Participation at committee meetings\n6.13 Council may meet to hear public submissions\n6.14 Public inspection of agenda materials\n6.15 Confidentiality of information withheld\n6.16 Recording of proceedings\n6.17 Prevention of disturbance\nPART 7—CONDUCT OF MEMBERS\n7.1 Members to be in their proper places\n7.2 Respect to the Presiding Member\n7.3 Titles to be used\n7.4 Advice of entry or departure\n7.5 Members to indicate their intention to speak\n7.6 Priority of speaking\n7.7 Presiding Member may take part in debates\n7.8 Relevance\n7.9 Speaking twice\n7.10 Duration of speeches\n7.11 No speaking after conclusion of debate\n7.12 No interruption\n7.13 Personal explanations\n7.14 No re-opening of discussion\n7.15 Adverse reflection\n7.16 Withdrawal of offensive language\nPART 8—PRESERVING ORDER\n8.1 Presiding Member to preserve order\n8.2 Point of order\n8.3 Procedures on a point of order\n8.4 Calling attention to breach\n8.5 Ruling by the Presiding Member\n8.6 Continued breach of order\n8.7 Right of Presiding Member to adjourn\nPART 9—DEBATE OF SUBSTANTIVE MOTIONS\n9.1 Motions to be stated and in writing\n9.2 Motions to be supported\n9.3 Only one substantive motion at a time\n9.4 Order of call in debate\n9.5 Limit of debate\n9.6 Member may require question to be read\n9.7 Consent of seconder required for alteration\n9.8 Order of amendments\n9.9 Form of an amendment\n9.10 Amendment must not negate original motion\n\n25 May 2018 GOVERNMENT GAZETTE, WA 1715\n9.11 Relevance of amendments\n9.12 Mover of motion may speak on amendment\n9.13 Effect of an amendment\n9.14 Withdrawal of motion or amendment\n9.15 Right of reply\nPART 10—PROCEDURAL MOTIONS\n10.1 Permissible procedural motions\n10.2 No debate\n10.3 Who may move\n10.4 Procedural motions—right of reply on substantive motion\n10.5 Motion be deferred\n10.6 Meeting now adjourn\n10.7 Motion to be put\n10.8 Ruling of the Presiding Member to be disagreed with\nPART 11—DISCLOSURE OF INTERESTS\n11.1 Disclosure of Interests\nPART 12—VOTING\n12.1 Motion—when put\n12.2 Voting\n12.3 Majorities required for decisions\n12.4 Method of taking vote\nPART 13—MINUTES OF MEETINGS\n13.1 Keeping of minutes\n13.2 Content of minutes\n13.3 Public inspection of unconfirmed minutes\n13.4 Confirmation of minutes\nPART 14—ADJOURNMENT OF MEETING\n14.1 Meeting may be adjourned\n14.2 Effect of adjournment\nPART 15—REVOKING OR CHANGING DECISIONS\n15.1 Requirements to revoke or change decisions\n15.2 Implementing a decision\nPART 16—SUSPENSION OF LOCAL LAWS\n16.1 Suspension of Local Laws\n16.2 Where Local Laws do not apply\n16.3 Cases not provided for in Local Laws\nPART 17—MEETING OF ELECTORS\n17.1 Electors’ general meeting\n17.2 Matters for discussion at Electors’ general meetings\n17.3 Electors’ special meetings\n17.4 Requests for Electors’ special meetings\n17.5 Convening Electors’ meetings\n17.6 Who presides at Electors’ meetings\n17.7 Procedure for Electors’ meetings\n17.8 Participation of non-Electors\n17.9 Voting at Electors’ meetings\n17.10 Minutes of Electors’ meetings\n17.11 Decisions made at Electors’ meetings\nPART 18—ENFORCEMENT\n18.1 Penalty for breach\n18.2 Who can prosecute\n\n\n\n25 May 2018 GOVERNMENT GAZETTE, WA 1717\nLOCAL GOVERNMENT ACT 1995\nTOWN OF CLAREMONT\nMEETING PROCEDURES LOCAL LAW 2018\nUnder the powers conferred by the Local Government Act 1995 and under all other relevant powers,\nthe Town of Claremont resolved on 15 May 2018 to make the following Local Law.\nPART 1—PRELIMINARY\n1.1 Citation\n(1) This may be cited as the Town of Claremont Meeting Procedures Local Law 2018.\n1.2 Commencement\nBy virtue of section 3.14 of the Act, this local law comes into operation 14 days after the date of their\npublication in the Government Gazette.\n1.3 Application and intent\n(1) This local law provides rules and guidelines which apply to the conduct of meetings of Council and\nits committees and to meetings of electors.\n(2) All meetings are to be conducted in accordance with the Act, the Regulations and this local law.\n(3) This local law is intended to result in—\n(a) better decision-making by the Council and committees;\n(b) the orderly conduct of meetings dealing with Council business;\n(c) better understanding of the process of conducting meetings; and\n(d) the more efficient and effective use of time at meetings.\n1.4 Interpretation\n(1) In this local law, unless the contact otherwise requires—\nabsolute majority has the meaning given to it in the Act;\n75% majority has the meaning given to it in the Act;\nAct means the Local Government Act 1995;\nCEO means the Chief Executive Officer of the Town of Claremont;\ncommittee means a committee of the Council, established under section 5.8 of the Act;\ncommittee meeting means a meeting of a committee;\nCouncil means the Council of the Town of Claremont;\nDistrict means the district of the Town of Claremont;\nLocal Government means the Town of Claremont;\nMayor means the Mayor of the Town of Claremont or other Presiding Member at a Council\nmeeting under section 5.6 of the Act;\nmeeting means a meeting of the Council or a committee, as the context requires;\nMember has meaning given to it in the Act;\nPresiding Member means—\n(a) in respect of the Council, the person presiding under section 5.6 of the Act; and\n(b) in respect of a committee, the person presiding under sections 5.12, 5.13, and 5.14 of\nthe Act;\nRegulations means the Local Government (Administration) Regulations 1996;\nsimple majority means more than 50% of the Members present and voting;\nsubstantiative motion means an original motion as amended, but does not include an\namendment or a procedural motion;\nTown means the district or the administration of the Town of Claremont, as the context requires.\n(2) Unless otherwise defined in this local law, the terms and expressions used in this local law is to\nhave the meaning given to them in the Act and Regulations.\n\n1718 GOVERNMENT GAZETTE, WA 25 May 2018\n1.5 Repeal\nThe Town of Claremont Standing Orders Local Law 2009 published in the Government Gazette on\n26 October 2009 is repealed.\nPART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES\n2.1 Establishment of committees\n(1) The establishment of committees is dealt with in the Act.\n(2) A Council resolution to establish a committee under section 5.8 of the Act is to include—\n(a) the terms and reference of the committee;\n(b) the number of Council Members, officers and other persons to be appointed to the committee;\n(c) the names or titles of the Council Members and officers 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.\n(3) This local law is to apply to the conduct of committee meetings.\n2.2 Types of committees\nThe types of committees are dealt with in the Act.\n2.3 Delegation of some powers and duties to certain committees\nThe delegation of some powers and duties to certain committees are dealt with in the Act.\n2.4 Limits on delegation of powers and duties to certain committee\nThe limits on the delegation of powers and duties to certain committees are dealt with in the Act.\n2.5 Appointment of committee members\nThe appointment of committee members is dealt with in the Act.\n2.6 Tenure of committee membership\nTenure of committee membership is dealt with in the Act.\n2.7 Resignation of committee members\nResignation of committee members is dealt with in the Act.\n2.8 Register of delegations to committees\nThe register of delegations to the committees is dealt with in the Act.\n2.9 Committees to report\n(1) A committee—\n(a) is answerable to the Council; and\n(b) is to report on its activities when, and to the extent, required by Council.\nPART 3—CALLING AND CONVENING MEETINGS\n3.1 Ordinary and special Council meetings\n(1) Ordinary and special Council meetings are dealt with in the Act.\n(2) An ordinary meeting of Council is generally held on a bi-monthly basis or otherwise as determined\nby the Council, and is for the purpose of considering and dealing with the ordinary business of the\nCouncil.\n(3) A special meeting of the Council is 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 Council meetings is dealt with in the Act.\n3.3 Convening Council meetings\n(1) The convening of a Council meeting is dealt with in the Act.\n(2) Subject to subclause (3), the CEO is to give at least 72 hours’ notice, for the purposes of\nsection 3.1(3) in convening a special meeting of the Council.\n(3) Where, in the opinion of the Mayor or at least one-third of the Members, there is a need to meet\nurgently, the CEO may give a lesser period of notice of a special Council meeting.\n3.4 Public notice of meetings\nPublic notice of meetings is dealt with in the Regulations.\n\n25 May 2018 GOVERNMENT GAZETTE, WA 1719\nPART 4—PRESIDING MEMBER AND QUORUM\nDivision 1—Who presides\n4.1 Who presides\nWho presides at a Council meeting is dealt with in the Act.\n4.2 When the Deputy Mayor can act\nWhen the Deputy Mayor can act is dealt with in the Act.\n4.3 Who acts if no Mayor\nWho acts if there is no Mayor is dealt with in the Act.\n4.4 Election of Presiding Members of committees\nThe election of Presiding Members of committees and their deputies is dealt with in the Act.\n4.5 Election of Deputy Presiding Members of committees\nThe election of a Deputy Presiding Members of committees is dealt with in the Act.\n4.6 Functions of Deputy Presiding Members\nThe functions of Deputy Presiding Members are dealt with in the Act.\n4.7 Who acts if no Presiding Member\nWho acts if no Presiding Member is dealt with in the Act.\nDivision 2—Quorum\n4.8 Quorum for meetings\nThe quorum for meetings is dealt with in the Act.\n4.9 Reduction of quorum for Council meetings\nThe power of the Minister to reduce the number for a quorum and certain majorities is dealt with in\nthe Act.\n4.10 Reduction of quorum for committee meetings\nThe reduction of a quorum for committee meetings is dealt with in the Act.\n4.11 Procedure where no quorum to begin a meeting\nThe procedure where there is no quorum to begin a meeting is dealt with in the Regulations.\n4.12 Procedure where quorum not present during a meeting\nIf at any time during a meeting the quorum is not present, the Presiding Member is to—\n(a) immediately suspend the proceedings of the meeting for a period of up to 15 minutes; and\n(b) adjourn the meeting to some future date or time if a quorum is not present at the expiry of\nthat period.\n4.13 Names to be recorded\nAt any meeting—\n(a) at which there is not a quorum present; or\n(b) which is adjourned for want of a quorum, the names of the Members then present are to be\nrecorded in the minutes.\nPART 5—BUSINESS OF A MEETING\n5.1 Business to be specified\n(1) No business is to be transacted at any ordinary meeting of the Council other than that specified in\nthe agenda without the approval of the Presiding Member or the Council.\n(2) No business is to be transacted at a special meeting of the Council other than that given in the\nnotice as the purpose of the meeting.\n(3) Subject to subclause (4), no business is to be transacted at an adjourned meeting of the Council\nother than that—\n(a) specified in the notice of the meeting which had been adjourned; and\n(b) which remains unresolved.\n(4) Where a meeting is adjourned to the next ordinary meeting of the Council then, unless the Council\nresolves otherwise, the business unresolved at the adjourned meeting is to be dealt with before\nconsidering reports at that ordinary meeting.\n5.2 Order of business\n(1) Unless otherwise decided by the Council, the order of business at any ordinary meeting of council\nis to be as follows—\n1. Declaration of Opening/ Announcement of Visitors\n2. Record of Attendance/ Apologies/ Leave of Absence\n\n1720 GOVERNMENT GAZETTE, WA 25 May 2018\n3. Disclosure of Interests\n4. Response to Previous Public Questions Taken on Notice\n5. Public Question Time\n6. Public Statement Time\n7. Applications for Leave of Absence\n8. Petitions/ Deputations/ Presentations\n9. Confirmation of Minutes of Previous Meetings\n10. Announcement of Confidential Matters for Which Meeting may be Closed to the Public\n11. Business Not Dealt With From a Previous Meeting\n12. Reports of Committees\n13. Reports of the CEO\n14. Announcements by the Presiding Person\n15. Elected Members’ Motions of Which Previous Notice has Been Given\n16. New Business of an Urgent Nature Approved by the Person Presiding or by Decision of\nMeeting\n17. Confidential Matters for Which the Meeting may be Closed to the Public\n18. Future Meetings of Council\n19. Declaration of Closure of Meeting.\n(2) Unless otherwise decided by the Council, the order of business at any special meeting of the\nCouncil is to be the order in which that business stands in the agenda of the meeting.\n(3) In determining the order of business for any meeting of the Council, the provisions of the Act and\nRegulations relating to the time at which public question time is to be held are to be observed.\n5.3 Motions of which previous notice has been given\n(1) Unless the Act, Regulations or this local law otherwise provide, a Member may raise at a meeting\nsuch business as he or she considers 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 under subclause (1) is to be given at least seven clear working days before the\nmeeting at which the motion is moved.\n(3) A notice of motion is to relate to the good governance of the district.\n(4) The CEO—\n(a) may, with the concurrence of the Mayor, exclude from the notice paper any notice of motion\ndeemed to be, or likely to involve, a breach of any of this local law or any other written law;\n(b) will inform Members on each occasion that a notice has been excluded and the reasons for\nthat exclusion;\n(c) may, after consultation with the Member where this is practicable, make such amendments\nto the form, but not that substance as will bring the notice of motion into due form; and\n(d) may provide to the Council relevant and materials facts and circumstances pertaining to the\nnotice of motion on such matters as policy, budget and law.\n(5) A motion of which notice has been given is to lapse unless—\n(a) the Member who gave notice of it, or some other Member authorised by the originating\nMember in writing, moves the motion when called on; or\n(b) the Council on a motion agrees to defer consideration of the motion to a later stage or date.\n(6) If a notice of motion is given and lapses under subclause (5), a notice of motion in the same terms\nor to the same effect is not to be given again for at least three months from the date of such lapse.\n5.4 New business of an urgent nature\n(1) In the cases of extreme urgency or other special circumstances, the Presiding Member may\ndispense with the requirement to give notice under clause 5.3(2).\n(2) In subclause (1), ‘cases of extreme urgency or other special circumstances’ means matters that\nhave arisen after the preparation of the agenda that are considered by the Presiding Member to be of\nsuch importance and urgency that they are unable to be dealt with administratively by the local\ngovernment and must be considered and dealt with by the Council before the next meeting.\n5.5 Adoption by exception resolution\n(1) In this clause ‘adoption by exception resolution’ means a resolution of the Council that has the\neffect of adopting, for a number of specifically identified reports, the officer recommendation as the\nCouncil resolution.\n(2) Subject to subclause (3), the local government may pass an adoption by exception resolution.\n(3) An adoption by exception resolution may not be used for a matter—\n(a) that requires 75% majority or a special majority;\n(b) in which an interest has been disclosed;\n(c) that has been the subject of a petition or deputation;\n\n25 May 2018 GOVERNMENT GAZETTE, WA 1721\n(d) that is a matter on which a Member wishes to make a statement; or\n(e) that is a matter on which a Member wishes to move a motion that is different to the\nrecommendation.\nPART 6—PUBLIC PARTICIPATION\n6.1 Meetings generally open to the public\nMeetings being generally open to the public is dealt with in the Act.\n6.2 Meetings not open to the public\n(1) The CEO may, at any time, recommend that a meeting or part of a meeting be closed to members\nof the public.\n(2) The Council, in one or more of the circumstances dealt with in the Act, may at any time, by\nresolution, decide to close a meeting or part of a meeting.\n(3) If a resolution under subclause (2) is carried—\n(a) the Presiding Member is to direct everyone to leave the meeting except—\n(i) the Members;\n(ii) the CEO; and\n(iii) any officer 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) may, by order of the Presiding\nMember, be removed from the meeting.\n(5) A resolution under this clause may be made without notice.\n(6) Unless the Council resolves otherwise, once the meeting is re-opened to Members of the public, the\nPresiding Member is to ensure that any resolution of the Council made while the meeting was closed\nis to be read out including a vote of a Member to be included in the minutes.\n6.3 Public question time\nPublic question time at meetings is dealt with in the Act and Regulations.\n6.4 Public question time at certain meetings\nPublic question time at certain meetings is dealt with in the Regulations.\n6.5 Minimum question time for the public\nMinimum question time for the public is dealt with in the Regulations.\n6.6 Procedures for public question time\n(1) A member of the public who raises a question during question time, is to state his or her name and\naddress.\n(2) A question may be taken on notice by the Presiding Member for later response.\n(3) When a question is taken on notice, the CEO is to ensure that—\n(a) a response is given to the member of the public in writing; and\n(b) a summary of the response is included in the agenda of the meeting of the Council.\n(4) Where a question relating to a matter in which a relevant person has an interest is directed to the\nrelevant person, the relevant person is to—\n(a) declare that he or she has an interest in the matter; and\n(b) allow another person to respond to the question.\n(5) Each member of the public with a question is entitled to ask up to five questions before other\nmembers of the public will be invited to ask their questions, unless the Presiding Member permits\nadditional questions to be asked.\n(6) Where a member of the public provides written questions, then the Presiding Member may elect\nfor the questions to be responded to as normal business correspondence.\n(7) The Presiding Member may decide that a public question shall not be responded to where—\n(a) the same or similar question was asked at a previous meeting, a response was provided and\nthe member of the public is directed to the minutes of the meeting at which the response was\nprovided;\n(b) the member of the public uses public question time to make a statement, provided that the\nPresiding Member has taken all reasonable steps to assist the member of the public to phrase\nthe statement as a question; or\n(c) the member of the public asks a question that is offensive or defamatory in nature, provided\nthat the Presiding Member has taken all reasonable steps to assist the member of the public\nto phrase the question in a manner that is not offensive or defamatory.\n(8) A member of the public shall have five minutes to submit their questions.\n(9) The Council, by resolution, may agree to extend public question time.\n\n1722 GOVERNMENT GAZETTE, WA 25 May 2018\n(10) Where an answer to a question is given at a meeting, a summary of the question and the answer\nis to be included in the minutes.\n(11) Other procedures for Public Question Time are dealt with in the Regulations.\n6.7 Public statement time\n(1) A member of the public wanting to make a statement during public statement time must submit\ntheir statement in writing—\n(a) to the CEO for approval prior to the date of the relevant meeting of Council; or\n(b) to the Presiding Member for approval on the day of the relevant meeting of Council\nimmediately before the meeting commences.\n(2) Statements made by the public are to relate to an item of business for the meeting of Council in\nwhich the statement is made.\n(3) When making their statement to Council, a member of the public must state—\n(a) their name and address;\n(b) the item of business for which the statement is being made; and\n(c) whether the statement is being made for or against that item of business.\n(4) Each member of the public wishing to make a statement will be given five minutes to make their\nstatement.\n(5) The maximum time allotted for receiving statements made by the public during a meeting of\nCouncil is 15 minutes.\n(6) The Council, by resolution, may agree to extend public statement time.\n6.8 Distinguished visitors\nIf a distinguished visitor is present at a meeting of the Council, the Presiding Member may\nacknowledge the presence of the distinguished visitor at an appropriate time during the meeting, and\nthe presence of that visitor shall be recorded in the minutes.\n6.9 Deputations\n(1) Any person or group wishing to be received as a deputation by the Council is to either—\n(a) apply in writing before the meeting to the CEO for approval; or\n(b) with the approval of the Presiding Member, at the meeting, address the Council.\n(2) The CEO may either—\n(a) approve the request and invite the deputation to attend a meeting of the Council; or\n(b) refer the request to the Council to decide by simple majority whether or not to receive the\ndeputation.\n(3) Unless the Council resolves otherwise, a deputation invited to attend a Council meeting—\n(a) is not to exceed five persons, only two of whom may address the Council, although others may\nrespond to specific questions from members;\n(b) is not to address the Council for a period exceeding five minutes without the agreement of the\nCouncil; and\n(c) additional members of the deputation may be allowed to speak with approval from the\nPresiding Member.\n6.10 Petitions\n(1) A petition is to—\n(a) be addressed to the Mayor;\n(b) be made by electors of the district;\n(c) state the request on each page of the petition;\n(d) contain the name, address and signature of each elector making the request, and the date\neach elector signed;\n(e) contain a summary of the reasons for the request; and\n(f) state the name of the person to whom, and an address at which, notice to the petitioners can\nbe given.\n(2) Upon receiving a petition, the local government is to submit the petition to the CEO to be included\nin his or her deliberations and report on the matter that is the subject of the petition, subject to\nsubclause (3).\n(3) At any meeting, the Council is not to vote on any matter that is the subject of a petition presented\nto that meeting, unless—\n(a) the matter is the subject of a report included in the agenda; and\n(b) the Council has considered the issues raised in the petition.\n6.11 Presentations\n(1) In this clause, a ‘presentation’ means the acceptance of a gift or an award by the Council on behalf\nof the local government or the community.\n(2) A presentation may be made to the Council at a meeting only with the prior approval of the CEO.\n\n25 May 2018 GOVERNMENT GAZETTE, WA 1723\n6.12 Participation at committee meetings\n(1) In the clause, a reference to a person is to a person who—\n(a) is entitled to attend a committee meeting;\n(b) attends a committee meeting; and\n(c) is not a member of that committee.\n(2) Without the consent of the Presiding Member, no person is to address a committee meeting.\n(3) The Presiding Member of the committee may allow a person to make an oral submission to the\ncommittee for up to five minutes.\n(4) A person addressing the committee with the consent of the Presiding Member is to cease that\naddress immediately after being 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, by\norder of the Presiding Member, be removed from the committee room.\n(6) The Council may make a policy dealing with the circumstances in which a person may be given\nconsent to address a committee meeting.\n6.13 Council may meet to hear public submissions\n(1) Where an item on the agenda at a Council meeting is contentious and is likely be the subject of a\nnumber of deputations, the Council may resolve to meet at another time to provide a greater\nopportunity to be heard.\n(2) The CEO and the Mayor shall set the time and date of the meeting to provide the opportunity to\nbe heard.\n(3) Where the Council resolves to meet to provide the opportunity to be heard under subclause (1), the\nPresiding Member shall—\n(a) instruct the CEO to provide local public notice of the time and date when the Council will\nmeet to provide an opportunity to be heard;\n(b) provide a written invitation to attend the meeting to provide the opportunity to be heard to\nall members of the public who have applied under clause 6.9 to make a deputation on the\nissue; and\n(c) cause minutes to be kept of the meeting to provide the opportunity to be heard.\n(4) A meeting held under subclause (1) shall be conducted only to hear submissions. The council shall\nnot make resolutions at a meeting to provide the opportunity to be heard.\n(5) At a meeting held under subclause (1), each person making a submission shall be provided with\nthe opportunity to fully state his or her case.\n(6) A member of the public shall be limited to five minutes in making an oral submission, but this\nperiod may be extended at the discretion of the Presiding Member.\n(7) Once every member of the public has had the opportunity to make a submission the Presiding\nMember is to close the meeting.\n(8) The CEO is to ensure that a report is included on the agenda of the next Council meeting\nsummarising each submission made at the meeting.\n(9) The Council must not resolve on the matter that is the subject of a meeting to provide the\nopportunity to be heard until it has received the CEO’s report under subclause (8).\n6.14 Public inspection of agenda materials\nThe right of the public to inspect the documents referred to, and in accordance with, regulation 14 of\nthe Regulations may be exercised at the Town of Claremont’s Administration Building and, where\napplicable, on the local government’s website.\n6.15 Confidentiality of information withheld\n(1) Information withheld by the CEO from the public under regulation 14(2) of the Regulations is to\nbe—\n(a) identified in the agenda of a Council meeting under the item ‘Confidential Matters for Which\nthe Meeting may be Closed to the Public’;\n(b) marked ‘confidential’ in the agenda; and\n(c) kept confidential by Officers and Members until the Council resolves otherwise.\n(2) A member or an officer in receipt of confidential information under subclause (1) or information\nthat is provided or disclosed during a meeting or part of a meeting that is closed to the public is not to\ndisclose any of that information to any person other than another Member or an Officer to the extent\nnecessary for the purpose of carrying out his or her duties.\n(3) Subclause (2) does not apply where a Member or Officer discloses the information to his or her\nlawyer or government officer for the purpose of seeking advice in order to lawfully fulfil his or her role\nand responsibilities.\n6.16 Recording of proceedings\n(1) A person is not to use any electronic, visual or audio recording device or instrument to record the\nproceedings of the Council without the permission of the Presiding Member.\n(2) If the Presiding Member grants permission under subclause (1), the Presiding Member is to advise\nthe meeting before the recording is commenced, that the recording is permitted and the extent of the\npermission.\n\n1724 GOVERNMENT GAZETTE, WA 25 May 2018\n6.17 Prevention of disturbance\n(1) A reference in this clause to a person is to a person other than a Member.\n(2) A person addressing the Council shall extend due courtesy and respect to the Council and the\nprocesses under which it operates and shall comply with any direction by the Presiding Member.\n(3) A person observing 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 or by any\nother means.\n(4) A person shall ensure that his or her mobile telephone is silenced and not used during any\nmeeting of the Council.\n(5) A person shall not behave in a manner that is contrary to section 75 of the Criminal Code.\nPART 7—CONDUCT OF MEMBERS\n7.1 Members to be in their proper places\n(1) At the first meeting held after each Election Day, the CEO is to allot, by ballot, a position at the\nCouncil table to each Member.\n(2) Each Member is to occupy his or her allotted position at each Council meeting.\n7.2 Respect to the Presiding Member\nAfter the business of a Council has commenced, a Member is not to enter or leave the meeting without\nfirst paying due respect to the Presiding Member.\n7.3 Titles to be used\nA speaker, when referring to the Mayor, Deputy Mayor or Presiding Member, or a Member or Officer,\nis to use the title of that person’s office.\n7.4 Advice of entry or departure\nDuring the course of a meeting of the Council, a Member is not to enter or leave the meeting without\nfirst advising the Presiding Member in order to facilitate the recording in the minutes of the time of\nentry or departure.\n7.5 Members to indicate their intention to speak\nA Member of the Council who wishes to speak is to indicate his or her intention to speak by raising\nhis or her hand or by another method agreed by the Council.\n7.6 Priority of speaking\n(1) Where two or more Members indicate, at the same time, their intention to speak, the Presiding\nMember is to decide which Member is entitled to be heard first.\n(2) A decision of the Presiding Member under subclause (1) is not open to discussion or dissent.\n(3) A Member is to cease speaking immediately after being asked to do so by the Presiding Member.\n7.7 Presiding Member may take part in debates\nThe Presiding Member may take part in a discussion of any matter before the Council, subject to\ncompliance with this local law.\n7.8 Relevance\n(1) A Member is to 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—\n(a) call the attention of the meeting to—\n(i) any irrelevant, repetitious, offensive or insulting language by a Member; or\n(ii) any breach of order by a Member; and\n(b) direct that Member, if speaking, to discontinue his or her speech.\n(3) A Member is to comply with the direction of the Presiding Member under subclause (2) by\nimmediately ceasing to speak.\n7.9 Speaking twice\nA Member is not to address the Council more than once on any motion or amendment except—\n(a) as the mover of a substantive motion, to exercise a right of reply;\n(b) to raise a point of order; or\n(c) to make a personal explanation.\n7.10 Duration of speeches\n(1) A Member is not to speak on any matter for more than five minutes without the consent of the\nCouncil which, if given, is to be given without debate.\n(2) An extension under this clause cannot be given to allow a Member’s total speaking time to exceed\n10 minutes.\n\n25 May 2018 GOVERNMENT GAZETTE, WA 1725\n7.11 No speaking after conclusion of debate\nA Member is not to speak on any motion or amendment—\n(a) after the mover has replied; or\n(b) after the question has been put.\n7.12 No interruption\nA Member is not to interrupt another Member who is speaking unless—\n(a) to raise a point of order;\n(b) to call attention to the absence of a quorum;\n(c) to make a personal explanation under clause 7.13; or\n(d) to move a procedural motion that the Member be no longer heard.\n7.13 Personal explanations\n(1) A Member who wishes to make a personal explanation relating to a matter referred to by another\nMember who is then speaking is to indicate to the Presiding Member his or her intention to make a\npersonal explanation.\n(2) The Presiding Member is to determine whether the personal explanation is to be heard\nimmediately or at the conclusion of the speech by the other Member.\n(3) A Member making a personal explanation is to confine his or her observations to a succinct\nstatement relating to a specific part of the speech at which he or she may have been misunderstood.\n7.14 No re-opening of discussion\nA Member is not to reopen discussion on any Council decision, except to move that the decision be\nrevoked or changed.\n7.15 Adverse reflection\n(1) A Member is not to reflect adversely on a decision of the Council except on a motion that the\ndecision be revoked or changed, unless the meeting resolves, without debate, that the matter before\nthe meeting cannot otherwise be adequately considered.\n(2) A Member is not—\n(a) to reflect adversely on the character or actions of another Member or Officer; or\n(b) to impute any motive to a Member or Officer, unless the meeting resolves, without debate,\nthat the question then before the meeting cannot otherwise be adequately considered.\n(3) A Member is not to use offensive or insulting expressions in reference to any Member, Officer or\nother person.\n(4) If a Member specifically requests, immediately after their use, that any particular words used by a\nMember be recorded in the minutes—\n(a) the Presiding Member is to cause the words used to be taken down and read to the meeting\nfor verification; and\n(b) the Council may, by resolution, decide to record those words in the minutes.\n7.16 Withdrawal of offensive language\n(1) A Member who, in the opinion of the Presiding Member, uses an expression which—\n(a) in the absence of a resolution under clause 7.15—\n(i) reflects adversely on the character or actions of another Member or Officer; or\n(ii) imputes any motive to a Member or Officer; or\n(b) is offensive or insulting, must, when directed by the Presiding Member, withdraw the\nexpression and make a satisfactory apology.\n(2) If a Member fails to comply with a direction of the Presiding Member under subclause (1), the\nPresiding Member may refuse to hear the Member further on the matter then under discussion and\ncall on the next speaker.\nPART 8—PRESERVING ORDER\n8.1 Presiding Member to preserve order\n(1) The Presiding Member is to preserve order, and, whenever he or she considers necessary, may call\nany Member to order.\n(2) When the Presiding Member speaks during a debate, every Member present is to preserve strict\nsilence so that the Presiding Member may be heard without interruption.\n(3) Subclause (2) is not to be used by the Presiding Member to exercise the right provided in\nclause 7.7, but to preserve order.\n8.2 Point of order\n(1) A Member may object, by way of a point of order, only to a breach of—\n(a) any of this local law; or\n(b) any other written law.\n\n1726 GOVERNMENT GAZETTE, WA 25 May 2018\n(2) Despite anything in this local law to the contrary, a point of order—\n(a) takes precedence over any discussion; and\n(b) until determined, suspends the consideration or discussion of any other matter.\n8.3 Procedures on a point of order\n(1) A Member who is addressing the Presiding Member is not to be interrupted except on a point of\norder.\n(2) A Member interrupted on a point of order is to resume his or her seat until—\n(a) the Member raising the point of order has been heard; and\n(b) the Presiding Member has ruled on the point of order, and, if permitted, the Member who has\nbeen interrupted may then proceed.\n8.4 Calling attention to breach\nA Member may, at any time, draw the attention of the Presiding Member to any breach of this local\nlaw.\n8.5 Ruling by the Presiding Member\n(1) The Presiding Member is to rule on any point of order which is raised by either upholding or\nrejecting the point of order.\n(2) A ruling by the Presiding Member on a point of order 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.\n(3) Subject to a motion of dissent being carried under subclause (2), if the Presiding Member rules\nthat—\n(a) any motion, amendment or other matter before the meeting is out of order, it is not to be\nconsidered further; and\n(b) a statement made or act done by a Member is out of order, the Presiding Member may require\nthe Member to make an explanation, retraction or apology.\n8.6 Continued breach of order\nIf a Member—\n(a) persists in any conduct that the Presiding Member had ruled is out of order; or\n(b) refuses to make an explanation, retraction or apology required by the Presiding Member\nunder clause 8.5(3), the Presiding Member may direct the Member to refrain from taking any\nfurther part in the matter under discussion, other than by voting, and the Member is to\ncomply with that direction.\n8.7 Right of Presiding Member to adjourn\n(1) For the purpose of preserving or regaining order, the Presiding Member may adjourn the meeting\nfor a period of up to 15 minutes.\n(2) On resumption, the debate is to continue at the point at which the meeting was adjourned.\n(3) If, at any one meeting, the Presiding Member adjourns the meeting more than once for the\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.\nPART 9—DEBATE OF SUBSTANTIVE MOTIONS\n9.1 Motions to be stated and in writing\nAny Member who wishes to move a substantive motion or an amendment to a substantive motion—\n(a) is to state the substance of the motion before speaking to it; and\n(b) is to put the motion or amendment in writing.\n9.2 Motions to be supported\n(1) A substantive motion or an amendment to a substantive motion is not open to debate until it has\nbeen seconded.\n(2) A motion to revoke or change a decision made at a Council meeting is not open to debate unless\nthe motion has the support required under regulation 10 of the Regulations.\n9.3 Only one substantive motion at a time\nWhen a substantive motion is under debate at a meeting of the Council, no further substantive\nmotion is to be accepted. The Council is not to consider more than one substantive motion at any time.\n9.4 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 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\n25 May 2018 GOVERNMENT GAZETTE, WA 1727\n(f) a speaker for the motion;\n(g) other speakers against and for the motion, alternating where possible, and\n(h) mover takes right of reply, which closes debate.\n9.5 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 even though all Members may not have spoken.\n9.6 Member may require question to be read\nA Member may require the question or matter under discussion to be read at any time during a\ndebate, but not so as to interrupt any other Member who is speaking.\n9.7 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.\n9.8 Order of amendments\nAny number of amendments may be proposed to a substantive motion, but when an amendment is\nmoved to a substantive motion, no second or subsequent amendment is to be moved or considered\nuntil the first amendment has been withdrawn, carried or lost.\n9.9 Form of an amendment\nAn amendment must add, delete, or substitute words to the substantive motion.\n9.10 Amendment must not negate original motion\nAn amendment to a substantive motion cannot negate the original motion or the intent of the original\nmotion.\n9.11 Relevance of amendments\nEach amendment is to be relevant to the motion in respect of which it is moved.\n9.12 Mover of motion may speak on amendment\nAny Member may speak during the debate on an amendment.\n9.13 Effect of an amendment\nIf an amendment to a substantive motion is carried, the motion as amended then becomes the\nsubstantive motion, on which any Member may speak and any further amendment may be moved.\n9.14 Withdrawal of motion or amendment\n(1) Subject to subclause (2), the Council may, without debate, grant leave to withdraw a motion or\namendment on the request of the mover of the motion or amendment and with the approval of the\nseconder.\n(2) Where an amendment has been proposed to a substantive motion, the substantive motion is not to\nbe withdrawn, except by consent of the majority of Members present, until the amendment proposed\nhas been withdrawn or lost.\n9.15 Right of reply\n(1) The mover of a substantive motion has the right of reply.\n(2) The mover of any amendment to a substantive motion has a right of reply.\n(3) The right of the reply may only be exercised—\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(4) After the mover of the substantive motion has commenced the reply—\n(a) no other Member is to speak on the question;\n(b) there is to be no further discussion on, or any further amendment to, the motion.\n(5) The right of the reply is to be confined to rebutting arguments raised by previous speakers and no\nnew matter is to be introduced.\n(6) At the conclusion of the right of reply, the substantive motion, or the substantive motion as\namended, is immediately to be put to the vote.\nPART 10—PROCEDURAL MOTIONS\n10.1 Permissible procedural motions\nIn addition to the right to move an amendment to a substantive motion (under Part 9), a Member\nmay move the following procedural motions—\n(a) that the motion be deferred;\n(b) that the meeting now adjourn;\n(c) that the motion be now put;\n(d) that the ruling of the Presiding Member be disagreed with;\n\n1728 GOVERNMENT GAZETTE, WA 25 May 2018\n(e) that the meeting be closed to the public (see clause 6.2);\n(f) that the meeting be reopened to the public.\n10.2 No debate\n(1) The mover of a motion specified in paragraph (a), (b), (c), (e) or (f) of clause 10.1 may speak to the\nmotion for not more than five minutes, the seconder is not to speak other than to formally second the\nmotion, and there is to be no debate on the motion.\n(2) The mover of a motion specified in paragraph (d) of clause 10.1 may not speak to the motion, the\nseconder is not to speak other than to formally second the motion, and there is to be no debate on the\nmotion.\n10.3 Who may move\nNo person who has moved, seconded, or spoken for or against the substantive motion, or any\namendment to the substantive motion, may move any procedural motion which, if carried, would close\nthe debate on the substantive motion or amendment.\n10.4 Procedural motions—right of reply on substantive motion\nThe carrying of a procedural motion which closes debate on the substantive motion or amendment\nand forces a decision on the substantive motion or amendment does not deny the right of reply to the\nmover of the substantive motion.\n10.5 Motion be deferred\nA motion ‘that the motion be deferred’—\n(a) is to state the time to which the debate on the motion is to be deferred; and\n(b) if carried, has the effect that all debate on the substantive motion or amendment ceases\nimmediately, but continues at the time stated in the motion.\n10.6 Meeting now adjourn\n(1) A Member is not to move or second more than one motion of adjournment during the same sitting\nof the Council.\n(2) Before putting the motion for the adjournment of the Council, the Presiding Member may seek\nleave of the Council to deal first with matters that may be the subject of an adoption by exception\nresolution (see clause 5.5).\n(3) A motion “that the meeting now adjourn”—\n(a) is to state the time and date to which the meeting is to be adjourned; and\n(b) if carried, has the effect that the meeting is adjourned to the time and date specified in the\nmotion.\n(4) A meeting adjourned under subclause (3) is to continue from the point at which it was adjourned,\nunless the Presiding Member or the Council determines otherwise.\n10.7 Motion to be put\n(1) If the motion ‘that the motion be now put’, is carried during debate on a substantive motion\nwithout amendment, the Presiding Member is to offer the right of reply and then put the motion to\nthe vote without further debate.\n(2) If the motion ‘that the motion be now put’ is carried during discussion of an amendment, the\nPresiding Member is to put the amendment to the vote without further debate.\n(3) This motion, if lost, causes debate to continue.\n10.8 Ruling of the Presiding Member to be disagreed with\nIf the motion ‘that the ruling of the Presiding Member be disagreed with’, is carried, that ruling is to\nhave no effect and the meeting is to proceed accordingly.\nPART 11—DISCLOSURE OF INTERESTS\n11.1 Disclosure of Interests\nDisclosure of Interests is dealt with in the Act.\nPART 12—VOTING\n12.1 Motion—when put\n(1) Immediately after the debate on any question is concluded and the right of reply has been\nexercised, the Presiding Member—\n(a) is to put the motion to the Council; and\n(b) if requested by any Member, is to again state the terms of the motion.\n(2) A Member is not to leave the meeting when the Presiding Member is putting any motion.\n12.2 Voting\nVoting is dealt with in the Act and the Regulations\n\n25 May 2018 GOVERNMENT GAZETTE, WA 1729\n12.3 Majorities required for decisions\nThe majorities required for decisions of the Council and committees are dealt with in the Act.\n12.4 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(c) may accept a vote on the voices or may require a show of hands;\n(d) is, subject to this clause, to declare the result; and\n(e) is to cause to record the vote of all members present in the minutes.\n(2) If a Member calls for a show of hands, the result of the vote is to be determined on the count of\nraised hands.\n(3) If the vote results in a division, the CEO is to record—\n(a) the name of each member who voted; and\n(b) whether he or she voted in the affirmative or negative.\nPART 13—MINUTES OF MEETINGS\n13.1 Keeping of minutes\nThe keeping and confirmation of minutes are dealt with in the Act.\n13.2 Content of minutes\n(1) The content of minutes is dealt with in the Regulations.\n(2) In addition to the matters required by regulation 11, the minutes of a Council meeting is to\ninclude, where an application for approval is refused or the authorisation of a licence, permit or\ncertificate is withheld or cancelled, the reasons for the decision.\n13.3 Public inspection of unconfirmed minutes\nThe public inspection of unconfirmed minutes is dealt with in the Regulations.\n13.4 Confirmation of minutes\n(1) When minutes of an ordinary meeting of the Council are distributed for consideration prior to\ntheir confirmation at the next meeting, if a Member is dissatisfied with the accuracy of the minutes,\nthe Member may provide the local government with a written copy of the alternative wording to\namend the minutes no later than seven clear working days before the next ordinary meeting of the\nCouncil.\n(2) At the next ordinary meeting of the Council, the Member who provided the alternative wording\nshall, at the time for confirmation of minutes—\n(a) state the item or items with which he or she is dissatisfied; and\n(b) propose a motion clearly outlining the alternative wording to amend the minutes.\n(3) Members must not discuss items of business contained in the minutes, other than discussion as to\ntheir accuracy as a record of the proceedings.\nPART 14—ADJOURNMENT OF MEETING\n14.1 Meeting may be adjourned\n(1) The Council may adjourn any meeting—\n(a) to a later time on the same day; or\n(b) to any other time on any other day, including a time which coincides with the conclusion of\nanother meeting or event.\n14.2 Effect of adjournment\nWhere any matter, motion, debate or meeting is adjourned under this local law—\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 a point where it was interrupted; and\n(c) the provisions of clause 8.9 [speaking twice] apply when the debate is resumed.\nPART 15—REVOKING OR CHANGING DECISIONS\n15.1 Requirements to revoke or change decisions\nThe requirements to revoke or change a decision made at a meeting are dealt with in regulation 10 of\nthe Regulations.\n\n1730 GOVERNMENT GAZETTE, WA 25 May 2018\n15.2 Implementing a decision\n(1) In this clause—\n(a) authorisation means a licence, permit, approval or other means of authorising a person to\ndo anything;\n(b) ‘implement’, in relation to a decision, includes—\n(i) communicate notice of the decision to a person affected by, or with an interest in, the\ndecision; and\n(ii) take any other action to give effect to the decision; and\n(c) ‘valid notice of revocation motion’ means a notice of motion to revoke or change a decision\nthat complies with the requirements of the Act, Regulations and the Local Laws, and may be\nconsidered, but has not yet been considered, by the Council or a committee as the case may\nbe.\n(2) Subject to subclause (4), and unless a resolution is made under subclause (3), a decision made at a\nmeeting is not to be implemented by the CEO or any other person until the afternoon of the first\nbusiness day after the commencement of the meeting at which the decision was made.\n(3) The Council or a committee may, by resolution carried at the same meeting at which a decision\nwas made, direct the CEO or another person to take immediate action to implement the decision.\n(4) A decision made at a meeting is not to be implemented by the CEO or any other person—\n(a) if, before commencing any implementation action, the CEO or that person is given a valid\nnotice of revocation motion; and\n(b) unless and until the valid notice of revocation motion has been determined by the Council or\nthe committee as the case may be.\n(5) The CEO is to ensure that members of the public attending the meeting are informed by an\nappropriate notice that a decision to grant an authorisation—\n(a) is to take effect only in accordance with this clause; and\n(b) cannot be acted upon by the person who has been granted the authorisation unless and until\nthe decision has been implemented in accordance with this clause.\nPART 16—SUSPENSION OF LOCAL LAWS\n16.1 Suspension of Local Laws\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 state the reasons for the motion but no other\ndiscussion is to take place.\n(3) A motion under subclause (1) which is—\n(a) seconded; and\n(b) carried by an absolute majority, is to suspend the operation of the clause or clauses to which\nthe motion relates for the duration of the meeting, unless the meeting earlier resolves\notherwise.\n16.2 Where Local Laws do not apply\n(1) In situations where—\n(a) one or more provisions of this local law has been suspended; or\n(b) a matter is not regulated by the Act, the Regulations or this local law, the Presiding Member\nis to decide questions relating to the conduct of the meeting.\n(2) The decision of the Presiding Member under subclause (1) is final, except where a motion is moved\nand carried under clause 10.8.\n16.3 Cases not provided for in Local Laws\n(1) The Presiding Member is to decide questions of order, procedure, debate, or otherwise in cases\nwhere this local law, the Act or the Regulations are silent.\n(2) The decision of the Presiding Member in these cases is final, except where a motion is moved and\ncarried under clause 10.8.\nPART 17—MEETING OF ELECTORS\n17.1 Electors’ general meeting\nElectors’ general meetings are dealt with in the Act.\n17.2 Matters for discussion at Electors’ general meetings\nThe matters to be discussed at electors’ general meetings are dealt with in the Regulations.\n17.3 Electors’ special meetings\nElectors’ special meetings are dealt with in the Act.\n17.4 Requests for Electors’ special meetings\nRequests for electors’ special meetings are dealt with in the Regulations.\n\n25 May 2018 GOVERNMENT GAZETTE, WA 1731\n17.5 Convening Electors’ meetings\nConvening electors’ meetings is dealt with in the Act.\n17.6 Who presides at Electors’ meetings\nWho presides at electors’ meetings is dealt with in the Act.\n17.7 Procedure for Electors’ meetings\n(1) The procedure for electors’ meetings is dealt with in the Act and the Regulations.\n(2) In exercising his or her discretion to determine the procedure to be followed at an electors’\nmeeting, the Presiding Member is to have regard to this local law.\n17.8 Participation of non-Electors\nA person who is not an elector of the Local Government shall not take part in any discussion at an\nelectors’ meeting unless the meeting, by resolution, permits the person do so.\n17.9 Voting at Electors’ meetings\nVoting at electors’ meetings is dealt with in the Regulations.\n17.10 Minutes of Electors’ meetings\nMinutes of electors’ meetings are dealt with in the Act.\n17.11 Decisions made at Electors’ meetings\nDecisions made at electors’ meetings are dealt with in the Act.\nPART 18—ENFORCEMENT\n18.1 Penalty for breach\nA person who breaches a provision of this local law commits an offence. The penalty is $1,000.00 and\na daily penalty of $100.00.\n18.2 Who can prosecute\nWho can prosecute is dealt with in the Act.\n————\nDated 23 May 2018.\nThe Common Seal of the Town of Claremont was affixed by the authority of a resolution of Council in\nthe presence of—\nJOCK BARKER, Mayor.\nLIZ LEDGER, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of regulating meeting procedures for the Town of Claremont. While comprehensive, it does not appear to have expanded beyond procedural governance into substantive planning, financial, or regulatory matters. The structure follows the standard template for Western Australian local government meeting procedure local laws."},"complexity_factors":["18 Parts with 70+ clauses covering distinct procedural areas (committees, public participation, debate rules, voting, minutes, etc.)","Frequent cross-references to the Local Government Act 1995 and Local Government (Administration) Regulations 1996 rather than restating those provisions (e.g., clauses 2.1-2.8, 3.1-3.4, 4.1-4.10, 11.1, 12.2, 12.3, 17.1-17.6, 17.9-17.11, 18.2 all defer to external legislation)","Nested conditional logic in public participation rules (e.g., clause 6.6 with 11 subclauses governing question time, including exceptions for offensive questions, repeat questions, and written questions)","Multiple defined terms in section 1.4 (15 specific definitions) plus incorporation of Act/Regulations definitions","Procedural motion hierarchy with specific restrictions (Part 10) including who can move what and when, with speaking time limits varying by motion type","Complex amendment rules (Part 9) governing relevance, negation, withdrawal, and right of reply sequencing","Specific time limits and numerical caps throughout (72 hours notice, 7 clear working days, 5 minutes speaking, 15 minutes total public statement time, 5 questions per person)"],"plain_english_summary":"This Town of Claremont local law sets a detailed rulebook for Council, committee and electors’ meetings—covering how meetings are called and chaired, public participation, councillor conduct, decision-making and minutes, and when meetings may be closed. It also creates offences with fines for breaches.\n\nIt affects elected Councillors, Council staff, committee members and local residents (who can ask questions, speak and call electors’ meetings). It promotes transparency, order and a short cooling-off period before decisions take effect."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument repeals the Town of Claremont Standing Orders Local Law 2009 (cl.1.5) and restates meeting procedure in more prescriptive terms. It explicitly codifies CEO and Presiding Member discretions (e.g. cls 3.3, 6.2, 16.2), sets precise public participation time limits (cls 6.6–6.7), provides for \"adoption by exception\" (cl.5.5) and records a penalty schedule (cl.18.1). Those insertions and the reallocation of operational duties constitute a change in scope relative to the earlier local law by replacing it with a distinct set of procedures."},"complexity_factors":["Extensive cross-references to the Local Government Act 1995 and the Local Government (Administration) Regulations 1996, leaving many substantive matters to those instruments (see e.g. cls 1.3(2), 2.1(1), 3.1(1), Parts 11, 12, 17).","Multiple discretionary powers given to the CEO and the Presiding Member (notice and urgent meetings: cl.3.3(2)-(3); closing meetings: cl.6.2(1)-(6); procedural gaps and final decisions: cls 16.1–16.3).","Detailed procedural framework for motions, amendments and procedural motions with specific limits and sequencing (Parts 9 and 10), increasing technical compliance risk for members.","Layered public participation rules with time limits, approval requirements and options to take questions on notice (cls 6.6–6.7, 6.9, 6.12), creating administrative handling obligations for the CEO.","Confidentiality, recording and public‑inspection rules impose obligations and limit disclosure (cls 6.14–6.16; 13.2), requiring careful minute‑keeping and information control.","Implementation and stay rules that can delay effect of decisions where a valid revocation motion is lodged (cl.15.2(2)–(5)), adding operational and legal uncertainty for third parties.","Penalty and enforcement provisions establish fines and daily penalties (cl.18.1) and reference prosecutorial arrangements in the Act (cl.18.2), introducing compliance risk.","Interaction between committee rules and Council processes (Part 2) and repeal of the prior Standing Orders (cl.1.5) mean users must read the new local law alongside the Act and Regulations."],"plain_english_summary":"This local law sets the rules for how the Town of Claremont’s Council, its committees and electors’ meetings are run: calling and convening meetings, who chairs, speaking and voting procedures, public participation, minutes, confidentiality and penalties. It affects councillors, council officers and members of the public who attend or address meetings. It matters because it fixes procedural timings and limits, allocates discretion to the CEO and Presiding Member, and creates compliance and administrative duties."}},"importantCases":[],"_links":{"self":"/api/acts/meeting-procedures-local-laws-2018","history":"/api/acts/meeting-procedures-local-laws-2018/history","analysis":"/api/acts/meeting-procedures-local-laws-2018/analysis","conflicts":"/api/acts/meeting-procedures-local-laws-2018/conflicts","importantCases":"/api/acts/meeting-procedures-local-laws-2018/important-cases","documents":"/api/acts/meeting-procedures-local-laws-2018/documents"}}