{"id":"wa-local:pingelly-shire-of-standing-orders-local-law-2017","name":"Standing Orders Local Law 2017","slug":"pingelly-shire-of-standing-orders-local-law-2017","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441894,"registerId":"wa-local:pingelly-shire-of-standing-orders-local-law-2017-1775957065845","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Standing Orders Local Law 2017","content":"!2017089GG!\n2409\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, MONDAY, 8 MAY 2017 No. 89 SPECIAL\nPUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nLOCAL GOVERNMENT ACT 1995\n_________\nSHIRE OF PINGELLY\n———————————\nSTANDING ORDERS LOCAL\nLAW 2017\n\n\n\n8 May 2017 GOVERNMENT GAZETTE, WA 2411\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF PINGELLY\nSTANDING ORDERS LOCAL LAW 2017\nCONTENTS\nPART 1—INTERPRETATIONS AND STANDING ORDERS\n1.1 Citation\n1.2 Commencement\n1.3 Application\n1.4 Repeal\n1.5 Proceedings Conducted According to Standing Orders\n1.6 All Meetings Governed by Standing Orders\n1.7 Interpretations\nPART 2—MEETINGS—NOTICE AND BUSINESS\n2.1 Notice of Meetings—Councillors to Receive Notice\n2.2 Emergency Meetings\n2.3 Business to be Specified on Notice Paper\n2.4 Specified Papers\n2.5 Papers Relating to Matter under Discussion\n2.6 Public Notice of Meetings\n2.7 Public Inspection of Certain Documents\nPART 3—MEETINGS—QUORUM\n3.1 Quorum at Meetings\n3.2 Count-out/Adjournment\nPART 4—MEETINGS—MINUTES\n4.1 Recording of Minutes\n4.2 Confirmation of Minutes\nPART 5—MEETINGS—ORDER OF BUSINESS\n5.1 Ordinary Meeting—Order of Business\n5.2 Order of Business at Special Meeting\n5.3 Unacceptable Business\n5.4 Business at Adjourned Meeting\n5.5 New business of an Urgent Introduced by Decision of the Meeting\n5.6 Meeting of Electors\nPART 6—MEETINGS—PUBLIC CONDUCT\n6.1 Admission and Removal of the Public\nPART 7—ROLE OF PRESIDENT\n7.1 Directions by the President\n7.2 The President to Take Part in Debates\n7.3 Precedence of President\n7.4 Dissent with the President’s Ruling\nPART 8—QUESTIONS\n8.1 Questions of Which Due Notice Has to be Given\n8.2 Questions Not to Involve Argument or Opinion\n\n2412 GOVERNMENT GAZETTE, WA 8 May 2017\nPART 9—PETITIONS / DEPUTATIONS / PRESENTATIONS / SUBMISSIONS\n9.1 Petitions\n9.2 Deputations\n9.3 Community Forum\nPART 10—NOTICES OF MOTION\n10.1 Notices of Motion to be in Writing\n10.2 Notice of Motion to the Chief Executive Officer\n10.3 Subject of Notice of Motion\n10.4 Motion to Lapse\nPART 11—CONDUCT OF MEMBERS\n11.1 Official Titles to be Used\n11.2 Leaving Meetings\n11.3 Debate—Maintenance of Order—Imputations—Offensive Expressions\n11.4 Members to Occupy Own Seats\n11.5 Alcohol\n11.6 Smoking\nPART 12—CONDUCT OF MEMBERS DURING DEBATE\n12.1 Councillors Wishing to Speak\n12.2 Priority\n12.3 Relevance\n12.4 Speaking Twice/Right of Reply\n12.5 Suspension\n12.6 Limit of Speeches\n12.7 Councillors not to Speak After Conclusion of Debates\n12.8 Irrelevance, Repetition, Imputations, Offensive Expressions.\n12.9 Councillors Not to Interrupt\n12.10 Presiding Member’s Right to Adjourn Without Explanation to Regain Order\nPART 13—PROCEDURES FOR DEBATE OF MOTIONS\n13.1 Motions and Amendments to be Presented\n13.2 Motion or Amendment to be Seconded\n13.3 Only One Substantive Motion Considered\n13.4 Order of Call in Debate\n13.5 Limit of Debate\n13.6 Seconder Requesting Right to Speak\n13.7 Negated Motions\nPART 14—PROCEDURAL MOTIONS\n14.1 Permissible Procedural Motions\n14.2 Procedural Motions Not Required in Writing\n14.3 Procedural Motions—Recording in Minutes\n14.4 Procedural Motions—Majority Required\n14.5 Procedural Motions—Closing Debate—Who May Move\n14.6 Procedural Motions—Right of Reply\n14.7 Procedural Motions—Right of Reply on Substantive Motion\nPART 15—EFFECT OF PROCEDURAL MOTIONS\n15.1 That the Council Proceed to the Next Business—Effect of Motion\n15.2 That the Question be Adjourned—Effect of Motion\n15.3 That the Council now Adjourn—Effect of Motion\n15.4 That the Question be Put—Effect of Motion\n15.5 That the Council Move into Committee—Effect of Motion\n15.6 That the Council Move Out of Committee—Effect of Motion\n15.7 That the Councillor Be No Longer Heard—Effect of Motion\n15.8 That the Ruling of the President be Disagreed with—Effect of Motion\n15.9 That the Motion Lie on the Table—Effect of Motion\n15.10 That the Council Meet Behind Closed Doors—Effect of Motion\n15.11 That the Council Meet with Open Doors—Effect of Motion\nPART 16—DECISION MAKING PROCEDURES\n16.1 Voting and Decisions—Majority to Determine\n16.2 Breaking Down of Complex Questions\n16.3 Councillor May Require Questions to be Read\n\n8 May 2017 GOVERNMENT GAZETTE, WA 2413\n16.4 Order of Amendments\n16.5 Substantive Motion\n16.6 Repetition of Motions\n16.7 Consent of Seconder Required to Accept Alteration of Wording\n16.8 Withdrawal of Motion and Amendments\n16.9 Limitation of Withdrawal\n16.10 Authority for Withdrawal\n16.11 Right of Reply\n16.12 Right of Reply Provisions\n16.13 Amendments to be Relevant\n16.14 Amendments Must Not Negate Original Motion\n16.15 Mover of Motion Not to Speak on Amendment\n16.16 Question—When Put\n16.17 Method of Taking Vote\n16.18 Votes to be Recorded\n16.19 Revoking or Changing Decisions Made at Council or Committee Meetings\n16.20 Unopposed Business\n16.21 All Councillors to Vote\nPART 17—POINTS OF ORDER\n17.1 Points of Order—When to Raise—Procedure\n17.2 Points of Order—Definitions\n17.3 Points of Order—Ruling\n17.4 Points of Order—Ruling Conclusive, Unless Dissent Motion is Moved\n17.5 Points of Order—Motion Against Ruling Procedure\n17.6 Points of Order Take Precedence\nPART 18—ADJOURNMENT OF MEETING\n18.1 Meeting May be Adjourned\n18.2 Notice of Adjourned Meeting\n18.3 Business at Adjourned Meeting\n18.4 Limit to Moving Adjournment of Council\n18.5 Unopposed Business—Motion for Adjournment of Council\n18.6 Withdrawal of Motion for Adjournment of Council\nPART 19—PERSONAL EXPLANATION\n19.1 Personal Explanation\n19.2 Personal Explanation—When Heard\n19.3 Ruling on Questions of Personal Explanation\nPART 20—COMMITTEES OF COUNCIL\n20.1 Committees\n20.2 Standing Orders to Apply to Committees\n20.3 Attendance by Councillors as Observers\nPART 21—ADMINISTRATIVE MATTERS\n21.1 Copies of Act and Standing Orders and Papers to Councillors of the Council\n21.2 Custody and Use of Common Seal\n21.3 Seal Not to be Improperly Used\n21.4 Suspension of Standing Orders\n21.5 Cases not Provided for in the Standing Orders\n21.6 Decisions of the Presiding member\n21.7 Penalty for Breach of Standing Orders\n21.8 Duty of Chief Executive Officer\n21.9 Enforcement\n\n\n\n8 May 2017 GOVERNMENT GAZETTE, WA 2415\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF PINGELLY\nSTANDING ORDERS LOCAL LAW 2017\nPART 1—INTERPRETATIONS AND STANDING ORDERS\n1.1 Citation\nThis local law may be cited as the Shire of Pingelly Standing Orders Local Law 2017.\n1.2 Commencement\nThis local law comes into operation 14 days after the day on which it is published in the Government\nGazette.\n1.3 Application\nThis local law provides rules and guidelines which apply to the conduct of meetings of the Council, its\ncommittees and to meetings of electors.\n1.4 Repeal\nThe Shire of Pingelly Local laws relating to Standing Orders published in the Government Gazette on\n16 April 1999 is repealed.\n1.5 Proceedings Conducted According to Standing Orders\nThe proceedings and business of the Council shall be conducted in accordance with the Local\nGovernment Act 1995, the regulations and any other Law, and where not specifically prescribed,\naccording to this local law, the clauses of which shall be referred to as “the Standing Orders”.\n1.6 All Meetings Governed by Standing Orders\nThe proceedings of all Council meetings, committee meetings and other meetings of the Council shall\nbe governed by these standing orders unless otherwise provided in the Local Government Act 1995,\nregulations, or any other law.\n1.7 Interpretations\nThe interpretations should be used in these standing orders, unless the context otherwise requires—\n“Absolute majority” is more than 50% of the current number of elected Council positions\nwhether they are vacant or not regardless of the number actually present;\n“Act” means the “Local Government Act 1995 and amendments and successors”;\n“Chief Executive Officer” means the Chief Executive Officer employed by the Shire under the\nAct;\n“Clause” means a clause of these standing orders;\n“Committee” means any Committee appointed in accordance with the provisions of the Act;\n“Council” means the Council of the Shire of Pingelly;\n“Councillor” means the President, or a Councillor of the Council;\n“Meeting” includes any Ordinary or Special Meeting of the Council or any other meeting held in\naccordance with the Act and properly convened as the Act requires;\n“Officer” is an employed member of the staff of the Council;\n“President” includes the Deputy President, in the absence of the President, and any Councillor\nchosen to preside in place of the President or Deputy President at any meeting of the Council\nin the manner prescribed in the Act;\n“Presiding Member” includes the Deputy Presiding Member, in the absence of the Presiding\nMember, and any member chosen to preside at any meeting in the manner prescribed in the\nAct;\n“Simple majority” is more than 50% of the Councillors present and voting;\n“Special majority” means that—\n(a) if there are more than 11 offices of Councillor, the power can only be exercised by, or in\naccordance with, a decision of 75% majority of the Council; or\n(b) if there are not more than 11 offices of Councillor, the power can only be exercised by, or\nin accord with, a decision of an absolute majority of the Council;\n\n2416 GOVERNMENT GAZETTE, WA 8 May 2017\n“75% majority” means a majority comprising enough of the Councillors for the time being of the\nCouncil for their number to be at least 75% of the number of offices (whether vacant or not) of\nCouncillors;\n“Substantive motion” means any motion other than an amendment or a procedural motion.\nPART 2—MEETINGS—NOTICE AND BUSINESS\n2.1 Notice of Meetings—Councillors to Receive Notice\nBefore any Ordinary or Special Meeting of the Council, a notice signed by the Chief Executive Officer,\nstating the place, date and hour of holding the meeting and specifying the business to be transacted\nwith an agenda and supporting committee reports, shall be transmitted by email or sent by any other\nelectronic means (so long as it is capable of being printed out in its entirety), to the last known or\nprovided email address and a hard copy placed in the Councillors drawer within the Chamber.\n2.2 Emergency Meetings\nA meeting of Council for the purpose of dealing with an emergency situation may be called by the\nPresident or Chief Executive Officer, or in their absence, any three Councillors. The Chief Executive\nOfficer, or a person authorised by him or her, shall either personally or by telephone, email, facsimile\nor other electronic means or otherwise leave or deliver to each Councillor, details of the nature of the\nemergency and the date, time place and purpose of the emergency meeting. Decisions made at this\nmeeting must be by absolute majority unless the Act specifies otherwise.\n2.3 Business to be Specified on Notice Paper\nNo business shall be transacted at any meeting other than that specified in the notice without the\napproval of the President or if there is dissent by any Councillor to the President’s ruling, with the\napproval of the majority of Councillors present determined by vote, except—\n(a) matters which the Act permits to be dealt with without notice,\n(b) matters which this local law (clause 5.5) permits to be dealt with without notice.\n2.4 Specified Papers\nCouncillors may request at least two days before any meeting of the Council or Committee, in writing\naddressed to the Chief Executive Officer requesting to provide any specified papers be prepared and\nlaid upon the table at any meeting. Notification is to be received by the Chief Executive Officer in\nwriting by way of email, fax or letter two days before the meeting. The written request is to state the\nreason for the specified papers, the meeting name, date time and location.\n2.5 Papers Relating to Matter Under Discussion\nAt any meeting of the Council, or of any Committee of the Council, the President or any Councillor\nmay require the production of any specified papers, documents, books or records, books of accounts,\nplans, or any other record or matter whatsoever relating to any question then under discussion\nproviding that wherever possible, the notice prescribed in clause 2.4 shall be given. In the event of\nnotice not having been given, the proceedings of the Council shall not be unreasonably delayed while\ndocuments are obtained.\n2.6 Public Notice of Meetings\nThe Chief Executive Officer shall give reasonable local public notice where practical of Council and\nCommittee meetings, as required by Regulation 12 of the Local Government (Administration)\nRegulations 1996.\n2.7 Public Inspection of Certain Documents\nThe Chief Executive Officer is to ensure that the notice papers and agenda relating to any Council or\nCommittee meeting and reports and other documents which—\n(a) are to be tabled at the meeting; or\n(b) have been produced by the Local Government or Committee for presentation at the meeting\nand which have been made available to Councillors or Committee,\nare available for inspection by members of the public at the same time as they were made available to\nthe Council or Committee members.\nMembers of the public are not entitled to inspect the information referred to above, if in the Chief\nExecutive Officer’s opinion the meeting, or that part of the meeting to which the information refers, is\nlikely to be closed to the public.\nPART 3—MEETINGS—QUORUM\n3.1 Quorum at Meetings\nExcept in cases where the Minister for Local Government may have reduced the number necessary to\nform a quorum for a Council meeting or the Council may have reduced the number necessary to form\na quorum for a committee meeting, the number of members necessary to form a quorum for any\nmeeting shall be—\n(a) where the total number of offices of member (whether vacant or not) is an even number, one\nhalf of that total;\n(b) where the total number of offices of member (whether vacant or not) is an odd number, the\ninteger nearest to, but greater than, one half of that total.\n\n8 May 2017 GOVERNMENT GAZETTE, WA 2417\n3.2 Count-out/Adjournment\n3.2.1 If a quorum has not been established within the 30 minutes after a Council or committee\nmeeting is due to begin then the meeting shall be adjourned, and\n(a) in the case of Council, by the President or if the President is not present at the meeting, by\nthe Deputy President\n(b) in the case of a Committee, by the presiding Councillor of the Committee or if the presiding\nCouncillor is not present at the meeting, by the deputy presiding Councillor;\n(c) if no person referred to in paragraph (a) or (b), as the case requires, is present at the meeting,\nby a majority of Councillors present,\n(d) if only one Councillor is present, by that Councillor; or\n(e) if no Councillor is present or if no Councillor other than the Chief Executive Officer is\npresent, by the Chief Executive Officer or a person authorised by the Chief Executive Officer.\n3.2.2 At any time during any meeting of the Council any Councillor or the Chief Executive Officer\nmay call the attention of the President to the fact that a quorum is not present. The President shall\nimmediately suspend the proceedings of the meeting for a period of five minutes. If a quorum is not\npresent at the end of this period, the meeting shall be deemed to have been counted out, and the\nPresident shall adjourn it to a later hour of the same day or to any other time, not more than seven\ndays from the date of adjournment.\nAt all meetings of the Council when the Council is counted out, and an absence of a quorum noted, the\ncircumstances, together with the names of the Councillors present, shall be recorded in the Minute\nBook.\nPART 4—MEETINGS—MINUTES\n4.1 Recording of Minutes\n4.1.1 The person presiding at a meeting of the Council or a committee is to cause minutes to be kept\nof the meeting’s proceedings.\n4.1.2 Binding or otherwise permanently affixing the minutes to form the leaves of a book shall be a\nsufficient recording of the minutes.\n4.2 Confirmation of Minutes\n4.2.1 Reading of the minutes of a previous meeting at a meeting of the Council or a committee may be\ndispensed with provided that a copy of those minutes has been supplied to each Councillor at least\n48 hours prior to the date of the meeting at which they are presented for confirmation.\n4.2.2 The minutes of any preceding meeting or meetings of the Council or a committee, not previously\nconfirmed, shall be submitted for confirmation to the next ordinary meeting of the Council or the\ncommittee as the case requires and no discussion of them shall be permitted except as to their\naccuracy as a record of the proceedings. The last page of the minutes must be signed and dated by the\nperson presiding at the meeting certifying that the minutes have been confirmed.\n4.2.3 Copies of unconfirmed minutes of each Council and committee meeting shall be made available\nfor inspection at the Shire office and Shire website or other publicly accessible places as determined\nby the Chief Executive Officer, for inspection by members of the public—\n(a) in the case of a Council meeting, within 10 business days after the meeting; and\n(b) in the case of a committee meeting, within 10 business days after the meeting.\nPART 5—MEETINGS—ORDER OF BUSINESS\n5.1 Ordinary Meeting—Order of Business\nThe order of business at meetings of the Council, unless altered by Council resolution to that effect,\nshall be as nearly as practicable as follows—\n1. Declaration of opening / announcement of visitors;\n2. Acknowledgement of country;\n3. Announcements by the presiding member;\n4. Record of attendance / apologies / approved leave of absence;\n5. Response to previous public questions taken on notice;\n6. Public question time;\n7. Applications for leave of absence;\n8. Disclosure of interest;\n9. Confirmation of minutes of previous Council meeting(s);\n10. Petitions, deputations, presentations / submissions;\n11. Reports of committees of Council;\n12. Reports of Council delegates on external committees;\n13. Reports from the Shire President;\n14. Office of the Chief Executive Officer;\n\n2418 GOVERNMENT GAZETTE, WA 8 May 2017\n15. Directorate of Corporate and Community Services;\n16. Directorate of Technical Services;\n17. Elected members motions of which previous notice has been given;\n18. New business or urgent business introduced by decision of the meeting;\n19. Closure of meeting.\n5.2 Order of Business at Special Meeting\nThe order of business (5.1) at any special meeting shall be the order in which that business stands in\nthe notice of the meeting unless the Council, by resolution, alters the order of business to that effect.\n5.3 Unacceptable Business\nIf the Presiding member is of the opinion that any motion or business proposed to be made or\ntransacted at a meeting is disrespectful, he or she may, either before or after the matter is brought\nforward at any meeting, declare that the motion or business shall not be entertained. Any Councillor\nmay move dissent from such a declaration made from the Chair and in the event of the dissent being\ncarried by a majority of the Councillors present, the business referred to shall then be considered\nimmediately, but if the motion is lost, the ruling of the Presiding member shall stand.\n5.4 Business at Adjourned Meeting\nAt an adjourned meeting of the Council, no business shall be transacted other than such as shall have\nbeen specified on the notice of the meeting of which it is an adjournment and which remains\nundisposed of, save and except in the case of an adjournment to the next Ordinary Meeting of the\nCouncil, when the business undisposed of at the adjourned meeting shall have the precedence at such\nordinary meeting of the Council.\n5.5 New business of an Urgent Introduced by Decision of the Meeting\n5.5.1 A Councillor may move a motion involving urgent business that is not included in the notice\npaper for that meeting provided that the Presiding Member has agreed to the business being raised\nand the Presiding Member considers that either;\n(a) the urgency of the business is such that the business cannot wait inclusion in the notice paper\nfor the next meeting of the Council or Committee; or\n(b) the delay in referring the business to the next meeting of the Council or Committee could\nhave adverse legal or financial implications for the Council.\n5.5.2 Any Councillor may move without notice a procedural motion of dissent in respect of the\nPresiding Member’s ruling that the business is not worthy of inclusion as urgent business. If the\nmotion of dissent is agreed to at the meeting by the majority of Councillors present, the business must\nthen be included as a matter of urgent business.\n5.6 Meeting of Electors\nThis local law apply, so far as is practicable, to any meeting of electors but where there is any\ninconsistency between this local law and the provisions of the Act, the Act shall prevail.\nPART 6—MEETINGS—PUBLIC CONDUCT\n6.1 Admission and Removal of the Public\n6.1.1 The public is admitted to Council meetings on the basis that no expression of dissent or\napproval, conversation or interruption to the proceedings of the Council shall take place. In the event\nof any such interruption, the Presiding member may use discretion and without a vote of the Council,\nrequire those interrupting to withdraw. The person or persons concerned shall immediately withdraw\nfrom the meeting. This direction by the Presiding member may not be challenged by moving dissent\nwith the ruling and the Presiding member ruling is final.\n6.1.2 Any person, not being a member of the Council, who interrupts the orderly conduct of the\nbusiness of the Council who does not withdraw immediately upon being called by the Presiding\nmember to withdraw from the meeting place, may, by order of the Presiding member, be removed\nfrom the meeting place.\nPART 7—ROLE OF PRESIDENT\n7.1 Directions by the President\n7.1.1 At any meeting of the Council the President shall have the right to direct attention to any\nmatter of interest or relevance to the business of the Council or propose a change to the order of\nbusiness.\n7.1.2 Any member may move that a change in order of business proposed by the President not be\naccepted and if carried by a majority of Councillors present, the proposed change in order will not\ntake place.\n7.2 The President to Take Part in Debates\nSubject to the provisions of the Act and this local law, the President may take part in a discussion\nupon any question before the Council, provided that like other Councillors in accordance with these\nstanding orders, the President may only speak once and provided that this is done before the right of\nreply is exercised.\n\n8 May 2017 GOVERNMENT GAZETTE, WA 2419\n7.3 Precedence of President\nWhen the President speaks during the progress of a debate, any Councillor then speaking, or offering\nto speak, shall immediately cease speaking and every Councillor present shall preserve strict silence\nso that the President may be heard without interruption. This clause must not be used by the\nPresident to exercise the right provided in Clause 7.2, but to preserve order.\n7.4 Dissent with the President’s Ruling\nExcept where expressly denied in this local law or the Act, a Councillor may move a procedural\nmotion to disagree with a ruling given by the President. The President must immediately call for a\nseconder and put the motion without debate.\nPART 8—QUESTIONS\n8.1 Questions of Which Due Notice Has to be Given\n8.1.1 Any Councillor seeking to ask a question at any meeting of the Council, other than Committee\nmeetings, shall give written notice of the specific question to the Chief Executive Officer at least\nfour (4) working hours before commencement of the meeting..\n8.1.2 All questions and answers shall be submitted as briefly and concisely as possible.\n8.2 Questions Not to Involve Argument or Opinion\nIn putting any question, no argument or expression of opinion shall be used or offered, nor any facts\nstated, except those necessary to explain the question.\nPART 9—PETITIONS / DEPUTATIONS / PRESENTATIONS / SUBMISSIONS\n9.1 Petitions\n9.1.1 Any petition to be submitted to the Council shall be in writing.\nA Ratepayer or Councillor presenting a petition shall be limited to a statement of the parties from\nwhom it comes, of the number of the signatures attached to it, the material issues contained in it and\nto the reading of the prayer.\nA Ratepayer presenting a petition shall be familiar with the nature and contents of the petition and\nascertain that it does not contain language disrespectful to the Council or other persons.\nThe only question which shall be considered by the Council on the presentation of any petition shall\nbe—\n(a) that the petition shall be accepted, or\n(b) that the petition not be accepted, or\n(c) that the petition be accepted and referred to the Chief Executive Officer or a Committee for\nconsideration and provide a report that Council can deal with.\n9.2 Deputations\n9.2.1 Deputations wishing to be received by the Council shall be required in the first instance to send\nor deliver to the Chief Executive Officer, in writing, the subject matter to be raised by the deputation\nand the Chief Executive Officer shall arrange to have the written subject matter and deputation visit\nincluded on the agenda of the appropriate Council or Committee at the first possible opportunity.\n9.2.2 If the Committee having received the deputation is of the opinion that the deputation matter is\none that should be brought before the Council, the Chief Executive Officer shall arrange for the\ndeputation written subject matter and deputation visit to be placed on the ordinary or special Council\nmeeting agenda at the first possible opportunity.\n9.2.3 A deputation shall not exceed five in number and any member of the deputation shall be at\nliberty to address the Council or a committee of the Council.\n9.3 Community Forum\nAny member of the public may at a Committee meeting of the Council, only and during the\ncommunity forum segment of the agenda and with the consent of the Presiding Member, speak on any\nmatter either on the agenda for the meeting or that comes under the jurisdiction of the Council,\nprovided that—\n(a) the member of the public’s speaking rights to be exercised before the meeting debates the\nparticular item if it is on the agenda;\n(b) a member of the public speaking during community forum will be limited to a maximum\nperiod of three (3) minutes unless extended by the consent of the meeting which shall be\nsignified without debate;\n(c) the meeting may, by resolution (which may be moved without notice) bring forward and deal\nwith any item listed on the agenda immediately following the conclusion of a person’s address\nto the meeting during community forum.\nPART 10—NOTICES OF MOTION\n10.1 Notices of Motion to be in Writing\nUnless the Act or this local law otherwise provides, a Councillor may only bring forward at a meeting\nsuch business as is referred to in this clause in the form of a motion of which notice has been given, in\nwriting, to the Chief Executive Officer.\n\n2420 GOVERNMENT GAZETTE, WA 8 May 2017\n10.2 Notice of Motion to the Chief Executive Officer\nNotice of motion shall be given to the Chief Executive Officer either—\n(a) at the last previous Council meeting, or\n(b) at least seven (7) business days before the meeting at which it is to be brought forward.\n10.3 Subject of Notice of Motion\nEvery notice of motion shall relate to business affecting the constitution, administration or condition\nof the Shire of Pingelly or the Council and the Chief Executive Officer shall rule out of order any\nnotice of motion which does not comply with this clause.\n10.4 Motion to Lapse\nEvery such motion as is mentioned in subclause 10.1 shall lapse unless—\n(a) the Councillor who gave notice, or another Councillor authorised by the Councillor, in\nwriting, is present to move the motion when called on; or\n(b) the Council by resolution agrees to defer consideration of the motion to a later stage or date.\nPART 11—CONDUCT OF MEMBERS\n11.1 Official Titles to be Used\nCouncillors shall address each other in the Council during the transaction of business by their\nrespective titles of President or Councillor. Councillors speaking of, or addressing officers, shall\ndesignate them by their respective official title.\n11.2 Leaving Meetings\nAfter a meeting of the Council has been formally constituted and the business commenced, a\nCouncillor or officer of the Council shall not enter or leave such meeting without first paying due\nrespect by deferring to the Presiding Member.\n11.3 Debate—Maintenance of Order—Imputations—Offensive Expressions\nNo member may impute motives or use offensive or objectionable expressions in reference to any\nCouncillor, officer of the Council, or any other person.\n11.4 Members to Occupy Own Seats\n11.4.1 At the first ordinary meeting attended by a Councillor after election, the Chief Executive\nOfficer shall allot by random draw, with position being allocated clockwise at the Council table to\neach Councillor with the Deputy President automatically being allocated the seventh (7) seat and the\nCouncillor shall, until such time as there is a call by a majority of Councillors for a re-allotment of\npositions, occupy that position when present at meetings of the Council.\n11.4.2 No Councillor shall be deemed to be present unless occupying that member’s allotted place\nwithin the Council Chambers.\n11.5 Alcohol\nConsumption of alcohol in Council or Committee meetings is prohibited.\n11.6 Smoking\nSmoking in Council or Committee meetings is prohibited.\nPART 12—CONDUCT OF MEMBERS DURING DEBATE\n12.1 Councillors Wishing to Speak\nEvery Councillor wishing to speak during a Council meeting shall indicate by show of hand or other\nmethod agreed upon by the Council. When invited by the President to speak, Councillors shall\naddress the Council through the President.\n12.2 Priority\nIn the event of two or more Councillors members wishing to speak at the same time, the President\nshall decide which Councillor is entitled to priority to be heard. The decision shall not be open to\ndiscussion or dissent.\n12.3 Relevance\nEvery Councillor shall restrict remarks to the motion or amendment under discussion, or to an\nexplanation or point of order.\n12.4 Speaking Twice/Right of Reply\nExcept where this clause is suspended under clause 12.5, a Councillor shall not speak twice on the\nsame motion or amendment except—\n(a) in reply, upon an original motion of which the Councillor was the mover;\n(b) in reply, upon an amendment last debated of which the Councillor was the mover of the\noriginal motion;\n(c) by way of personal explanation, in accordance with clause 19.\n\n8 May 2017 GOVERNMENT GAZETTE, WA 2421\n12.5 Suspension\nThe Council may, by resolution moved without notice, suspend the operation of clause 12.4 and it\nshall be suspended until such time as the Council shall, by similar resolution, otherwise decide.\n12.6 Limit of Speeches\nA Councillor shall only speak on any motion or amendment in reply for a period as in the discretion of\nthe President is appropriate and in any event not for a period longer than five (5) minutes without the\nconsent of the Council, which shall be signified without debate. An extension shall not be permitted\nunder this clause beyond a total of ten (10) minutes.\n12.7 Councillors not to Speak After Conclusion of Debates\nNo Councillor may speak to any motion or amendment after—\n(a) the mover has replied, or;\n(b) the question has been put.\n12.8 Irrelevance, Repetition, Imputations, Offensive Expressions.\n12.8.1 Any Councillor may call the attention of the Council to continued irrelevance, tedious\nrepetition, unbecoming language, or any breach of order on the part of a Councillor. The President\nmay then direct the offending Councillor to cease the activity brought to the attention of the Council.\n12.8.2 If after having been directed by the President in accordance with Clause 12.8.1 to cease\nspeaking a Councillor continues to speak, any other Councillor may move a motion that the\nCouncillor ceases to speak. The President shall immediately call for a seconder but there shall be no\ndebate. If the motion is carried by a majority of Councillors present, the offending Councillor may\ntake no further part in any debate on the question before the meeting.\n12.9 Councillors Not to Interrupt\nNo Councillor shall interrupt another Councillor 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 move a permissible procedural motion, as set out in clause 14.1.\n12.10 Presiding Member’s Right to Adjourn Without Explanation to Regain Order\nIf a meeting ceases to operate in an orderly manner, the President may use their discretion to adjourn\nthe meeting for a period of up to fifteen (15) minutes without explanation, for the purpose of regaining\norder. This action cannot be challenged by any Councillor. Upon resumption, debate will continue at\nthe point at which the meeting was adjourned. If at any one meeting, the President has cause to\nadjourn the meeting on two (2) occasions, the President has the right to adjourn the meeting for a\nperiod of no longer than seven (7) days.\nPART 13—PROCEDURES FOR DEBATE OF MOTIONS\n13.1 Motions and Amendments to be Presented\nAny Councillor who intends moving a substantive motion or amendment to a substantive motion shall\npresent its substance before speaking to it and if required by the President, shall cause the motion or\namendment to be put and submitted in writing.\n13.2 Motion or Amendment to be Seconded\nA motion or amendment to a motion shall not be discussed or put to the vote unless there is a\nseconder.\n13.3 Only One Substantive Motion Considered\nWhen a substantive motion is under debate at any meeting of the Council, no further substantive\nmotion shall be accepted.\n13.4 Order of Call in Debate\nThe President will 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(f) A speaker for the motion;\n(g) Other speakers against and for the motion, alternating in view; if any\n(h) Mover takes right of reply which closes debate.\n13.5 Limit of Debate\nThe President may offer the right of reply and put the motion to the vote if the President believes\nsufficient discussion has taken place even though all members may not have spoken.\n\n2422 GOVERNMENT GAZETTE, WA 8 May 2017\n13.6 Seconder Requesting Right to Speak\nA seconder may request the right to speak at a later time in the debate, however in the moving of any\nprocedural motion which will close debate, or any amendment to the substantive motion, if carried,\nwill automatically deny the seconder the right to speak to the substantive motion.\n13.7 Negated Motions\nA motion to the same effect as any motion that has been negated by the Council, except those\nmotions provided for in clause 14.1 of this local law, shall not again be entertained within a period of\nthree (3) months except with the consent of an absolute majority of the Councillors.\nPART 14—PROCEDURAL MOTIONS\n14.1 Permissible Procedural Motions\nIn addition to proposing a properly worded amendment to a substantive motion, it is permissible for a\nCouncillor to move the following procedural motions—\n(a) that the Council proceed to the next business;\n(b) that the question be adjourned;\n(c) that the Council now adjourn;\n(d) that the question be put;\n(e) that the Council move into Committee;\n(f) that the Council move out of Committee;\n(g) that the Councillor no longer be heard;\n(h) that the ruling of the President (or person chairing the meeting) be disagreed with;\n(i) that the motion lie on the table;\n(j) that the Council meet behind closed doors;\n(k) that the Council meet with open doors.\n14.2 Procedural Motions Not Required in Writing\nProcedural motions are not required to be presented in writing.\n14.3 Procedural Motions—Recording in Minutes\nThe mover, seconder and result of all procedural motions shall be recorded in the minutes of the\nmeeting.\n14.4 Procedural Motions—Majority Required\nAny procedural motion shall be carried upon the majority of Councillors voting.\n14.5 Procedural Motions—Closing Debate—Who May Move\nNo person who has moved, seconded, or spoken for or against the substantive motion, may move any\nprocedural motion which, once moved, would deny others the right to speak or, if carried, would close\nthe debate on the substantive motion or amendment.\n14.6 Procedural Motions—Right of Reply\nThere shall be no right of reply on any procedural motion.\n14.7 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 will not deny the right of reply, to the\nmover of the substantive motion.\nPART 15—EFFECT OF PROCEDURAL MOTIONS\n15.1 That the Council Proceed to the Next Business—Effect of Motion\nThe motion, that the Council proceed to the next business, having been carried, will cause the debate\nto cease immediately and for the Council to move to the next item on the agenda of the meeting. No\ndecision will be made on the substantive motion being discussed, nor is there any requirement for the\nmatter to be placed on any future notice paper.\n15.2 That the Question be Adjourned—Effect of Motion\nThe motion, that the question be adjourned, having been carried, will cause all debate on the\nsubstantive motion or amendment to cease but to continue when the discussion is reconvened.\n15.3 That the Council now Adjourn—Effect of Motion\nThe motion, that the Council now adjourn, having been carried, will cause the meeting to stand\nadjourned until it is re-opened at which time the meeting continues from the point at which it was\nadjourned, unless the President or the majority of Councillors by voting, determine otherwise.\n15.4 That the Question be Put—Effect of Motion\n15.4.1 The motion, that the question be put, having been carried during discussion on a substantive\nmotion without amendment, will cause the President to offer the right of reply and then immediately\nput the question under consideration without further debate.\n\n8 May 2017 GOVERNMENT GAZETTE, WA 2423\n15.4.2 The motion, that the question be put, having been carried during discussion on an amendment,\nwill cause the President to put the amendment to the vote without further debate.\n15.4.3 The motion, that the question be put, having been lost, will allow debate to continue.\n15.5 That the Council Move into Committee—Effect of Motion\nThe motion, that the Council move into Committee, having been carried, will allow free and open\ndiscussion on the matter before the meeting. There will be no restrictions on the number of times each\nCouncillor may speak, provided that normal courtesy and order is maintained.\n15.6 That the Council Move Out of Committee—Effect of Motion\nThe motion, that the Council move out of Committee, having been carried, will see the meeting\nresume its former status and any decisions made during the time that the Council sits in Committee\nmust be formally agreed by the carrying of a substantive motion when the Council moves out of\nCommittee.\n15.7 That the Councillor Be No Longer Heard—Effect of Motion\nThe motion, that the Councillor be no longer heard, having been carried, will cause the President to\nnot allow the Councillor against whom the motion has been moved to speak to the current substantive\nmotion or any amendment relating to it, except to exercise the right of reply if the person is the mover\nof the substantive motion.\n15.8 That the Ruling of the President be Disagreed with—Effect of Motion\n15.8.1 The motion, that the ruling of the President be disagreed with, having been carried, will cause\nthe ruling of the President about which this motion was moved, to be reversed and for the meeting to\nproceed accordingly.\n15.8.2 Where the President has adjourned the meeting in accordance with clause 12.10 of this local\nlaw, the motion, that the President be disagreed with, may not be moved.\n15.9 That the Motion Lie on the Table—Effect of Motion\n15.9.1 The motion, that the motion lie on the table, having been carried, will cause debate on the\nsubstantive motion and any amendment to cease immediately and for the meeting to proceed to the\nnext business.\n15.9.2 Any Councillor may raise the motion from the table, by giving appropriate notice of motion for\nany meeting in the future.\n15.9.3 When a motion is raised from the table, the mover of the original substantive motion, or in the\nabsence of the original mover, the person moving this procedural motion, is given the opportunity to\nreintroduce the matter after which debate shall continue according to this local law.\n15.10 That the Council Meet Behind Closed Doors—Effect of Motion\n15.10.1 In accordance with the Act, the motion, that Council, if carried, will cause the public and any\nofficers or employees of the Shire of Pingelly as the Council determines to leave the room.\n15.10.2 No person shall in any way publish, or make public, any of the discussion taking place on a\nmatter discussed behind closed doors, but this prohibition shall not extend to the actual resolution or\nresolutions carried as a result of such discussion and recorded in the minute book.\n15.11 That the Council Meet with Open Doors—Effect of motion\nThe motion, that Council now meet with open doors, if carried, will revert the meeting to its former\nstatus, being open to the public.\nPART 16—DECISION MAKING PROCEDURES\n16.1 Voting and Decisions—Majority to Determine\nAll acts of the Council, and all questions coming before the Council, may be decided by a simple\nmajority of the Councillors present and voting, at a properly constituted meeting, unless otherwise\nprovided for in this local law or the Act.\n16.2 Breaking Down of Complex Questions\nThe President may order a complex question to be broken down and put in the form of several\nmotions, which shall be put in sequence.\n16.3 Councillor May Require Questions to be Read\nAny Councillor 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 Councillor whilst speaking.\n16.4 Order of Amendments\nAny number of amendments may be proposed to a motion, but whenever an amendment is proposed\nto be made to a substantive motion, no second or subsequent amendment shall be moved or\nconsidered until the first amendment has been disposed of.\n16.5 Substantive Motion\nIf an amendment to a substantive motion is carried, the motion as amended shall then be submitted\nas the substantive motion, and shall become the question before the Council upon which any member\nmay speak and any further amendment may be moved.\n\n2424 GOVERNMENT GAZETTE, WA 8 May 2017\n16.6 Repetition of Motions\nNo motion or amendment shall be proposed which is the same in substance as a motion or\namendment which has been resolved during the same sitting of Council or during the last three (3)\nmonths, unless agreed by an absolute majority.\n16.7 Consent of Seconder Required to Accept Alteration of Wording\nThe mover of a substantive motion may not alter the wording of the motion without the consent of the\nseconder.\n16.8 Withdrawal of Motion and Amendments\nCouncil may, without debate, grant leave to withdraw a motion or amendment upon the request of\nthe mover of the motion or amendment and with the approval of the seconder provided that there is\nno objection raised by any Councillor, in which case discussion on the motion or amendment shall not\ncontinue.\n16.9 Limitation of Withdrawal\nSubject to clause 10, where an amendment has been moved to a substantive motion, the substantive\nmotion shall not be withdrawn, except by consent of the majority of Councillors present, until the\namendment proposed has been withdrawn or lost.\n16.10 Authority for Withdrawal\nA motion or amendment to a motion shall not be withdrawn in the absence of the Councillor who\nproposed it, except with their written authority.\n16.11 Right of Reply\n16.11.1 The mover of a substantive motion shall have the right of reply. After the mover of the\nsubstantive motion has commenced the reply, no other Councillor shall speak on the question.\n16.11.2 The right of reply must be confined to rebutting arguments raised by previous speakers and\nno new matters may be introduced.\n16.12 Right of Reply Provisions\nThe right of reply shall be governed by the following provisions—\n(a) If there is no amendment to the substantive motion, the mover may reply at the conclusion of\nthe discussion on the motion.\n(b) If there is an amendment, the mover of the substantive motion shall take the right of reply at\nthe conclusion of the vote on any amendments.\n(c) The mover of any amendment does not have a right of reply.\n(d) Once the right of reply has been taken as the mover of the substantive motion, there can be\nno further discussion, nor any other amendment and the substantive motion as amended is\nimmediately put to the vote.\n16.13 Amendments to be Relevant\nEvery amendment shall be relevant to the motion upon which it is moved and be framed to show\nprecisely which words need to be deleted, added or altered.\n16.14 Amendments Must Not Negate Original Motion\nNo amendment to a motion can be moved which negates the original motion or the intent of the\noriginal motion.\n16.15 Mover of Motion Not to Speak on Amendment\nOn an amendment being moved, any Councillor may speak to the amendment, except the person who\nmoved the substantive motion who is only entitled to a right of reply except, that if the person who\nmoved the substantive motion does choose to speak to the amendment, that person’s right of reply is\nforfeited.\n16.16 Question—When Put\nWhen the debate upon any question is concluded and the right of reply has been exercised, the\nPresident shall immediately put the question to the Council and, if so desired by any Councillor shall\nagain state it.\n16.17 Method of Taking Vote\n16.17.1 In putting the question to the Council, the President shall ask whether there is any objection\nto the motion, and if not the motion is carried unanimously.\n16.17.2 If objection is raised to the motion, the President shall put the question as often as necessary\nto determine the decision from a show of hands before declaring the decision.\n16.17.3 If the votes of members present at a Council meeting are equally divided, the person presiding\nmay cast a second vote.\n16.18 Votes to be Recorded\nIf a Councillor at a meeting asks that his or her vote, or the vote of all members present, be recorded\nin the Minutes, this shall be done.\n\n8 May 2017 GOVERNMENT GAZETTE, WA 2425\n16.19 Revoking or Changing Decisions Made at Council or Committee Meetings\n16.19.1 A substantive motion may be revoked at any time provided that no action in relation to the\nresolution being rescinded has already occurred,\n16.19.2 If a decision has been made at a Council meeting, then any motion to revoke or change the\ndecision must be supported—\n(a) in the case where an attempt to revoke or change the decision had been made within the\nprevious three (3) months but had failed, by an absolute majority; or\n(b) in any other case, by at least one third of the number of offices (whether vacant or not) of\nCouncillors of the Council or mover, inclusive of the mover.\n16.19.3 This clause does not apply to the change of a decision unless the effect of the change would be\nthat the decision would be revoked or would become substantially different.\n16.20 Unopposed Business\n16.20.1 Upon a motion being moved and seconded, the President shall enquire if any Councillor\nopposes that motion. If no one indicates an intention to oppose the motion, the President may proceed\nto put the motion to the vote without debate.\n16.20.2 If a Councillor signifies opposition to a motion the motion shall be dealt with according to this\nlocal law generally.\n16.21 All Councillors to Vote\nSave where the Act otherwise provides, at every meeting of the Council every member shall vote, and\nif any member who is entitled to vote fails to vote, the President shall call upon the member to vote.\nPART 17—POINTS OF ORDER\n17.1 Points of Order—When to Raise—Procedure\nUpon a matter of order arising during the progress of a meeting, any Councillor may raise a point of\norder including interrupting the speaker. Any Councillor who is speaking when a point of order is\nraised, shall immediately cease while the President listens to the point of order.\n17.2 Points of Order—Definitions\nExpressing a difference of opinion or to contradict a speaker shall not be recognised as raising a point\nof order, but the following shall be recognised as valid points of order—\n(a) That the discussion is of a question not before the Council.\n(b) That offensive or insulting language is being used.\n(c) Drawing attention to the violation of any local law or standing order of the Council, providing\nthat the Councillor raising the point of order shall state the local law or standing order\nbelieved to be breached.\n17.3 Points of Order—Ruling\nThe President shall give a decision on any point of order after the point has been raised by either\nupholding or rejecting the point of order.\n17.4 Points of Order—Ruling Conclusive, Unless Dissent Motion is Moved\nThe ruling of the President upon any point of order shall be final, unless a majority of the Councillors\nsupport a motion of dissent with the President’s ruling.\n17.5 Points of Order—Motion Against Ruling Procedure\nAn objection having been taken to the ruling of the President, the Councillor so objecting may\nimmediately move dissent with the ruling. Should the motion be seconded it shall be put to the vote\nimmediately and the result of the vote, whether in support of the ruling or otherwise, shall determine\nthe action of the Council.\n17.6 Points of Order Take Precedence\nNotwithstanding anything contained in these standing orders to the contrary, all points of order take\nprecedence over any other discussion and until decided, suspend the consideration and decision of\nevery other matter.\nPART 18—ADJOURNMENT OF MEETING\n18.1 Meeting May be Adjourned\nThe Council may, upon a motion moved and seconded, adjourn any meeting to a later hour of the\nsame day, or to any other time not more than seven (7) days from the date of adjournment.\n18.2 Notice of Adjourned Meeting\nWhen a meeting is adjourned, if time permits, notice of the adjourned meeting shall be forwarded to\neach Councillor in the manner provided in clause 2 of this local law.\n18.3 Business at Adjourned Meeting\nAt an adjourned meeting, no additional business shall be discussed except that which was on the\noriginal notice paper for that meeting.\n\n2426 GOVERNMENT GAZETTE, WA 8 May 2017\n18.4 Limit to Moving Adjournment of Council\nNo Councillor shall be allowed to move or second more than one motion of adjournment during the\nsame sitting of the Council.\n18.5 Unopposed Business—Motion for Adjournment of Council\nOn a motion for the adjournment of the Council, the President, before putting the motion, may seek\nleave of the Council to proceed to the transaction of unopposed business.\n18.6 Withdrawal of Motion for Adjournment of Council\nA motion or an amendment relating to the adjournment of the Council may be withdrawn by the\nmover, with the consent of the seconder, except that if any Councillor objects to the withdrawal the\nmotion must continue to be debated.\nPART 19—PERSONAL EXPLANATION\n19.1 Personal Explanation\nNo Councillor shall speak, except upon the question before the Council, unless it is to make a personal\nexplanation. Any Councillor who is permitted to speak under these circumstances must confine the\npersonal explanation to a succinct statement relating to a specific part of the former speech which\nmay have been misunderstood. When a Councillor gives an explanation, that Councillor shall make\nno reference to matters not strictly necessary for that purpose, nor endeavour to strengthen the\nformer position by introducing new argument or matter, nor reply to other Councillors of the Council.\n19.2 Personal Explanation—When Heard\nA Councillor wishing to make a personal explanation of matters referred to by any other Councillor\nthen speaking shall be entitled to be heard immediately if the Councillor then speaking consents, but\nif the Councillor who is speaking declines to give way, the personal explanation must be offered at the\nconclusion of that speech.\n19.3 Ruling on Questions of Personal Explanation\nThe ruling of the President on the admissibility of a personal explanation shall be final unless a\nmotion of dissent with the ruling is moved before any other business proceeds.\nPART 20—COMMITTEES OF COUNCIL\n20.1 Committees\nCommittees of the Council shall operate in accordance with the Act and its regulations.\n20.2 Standing Orders to Apply to Committees\nThis local law shall apply generally to the proceedings of Committees of the Council except that the\nrequirement for Councillors to speak only once shall not be applied in meetings of committees and at\nmeetings of Committees of the Council only, with the petitions, memorials and deputations segment\nof the meeting agenda, there shall be a community forum segment as set out in clause 9.2 of this local\nlaw\n20.3 Attendance by Councillors as Observers\nCouncillors have the right to attend meetings of Committees that they are not appointed to as\nobservers and may be permitted by the Presiding Member to speak on any matter under\nconsideration by the Committee but shall not be entitled to vote.\nPART 21—ADMINISTRATIVE MATTERS\n21.1 Copies of Act and Standing Orders and Papers to Councillors of the Council\nThe Chief Executive Officer shall provide to each Councillor as soon as convenient after being elected\nto office, a copy of the Act and local laws regulating and governing the administration of the local\ngovernment.\n21.2 Custody and Use of Common Seal\nThe Chief Executive Officer shall have charge of the common seal of the Council and shall be\nresponsible for the safe custody and proper use of it.\n21.3 Seal Not to be Improperly Used\nExcept as required by law, or in the exercise of the express authority of the Council, the Chief\nExecutive Officer shall not use the common seal of the Council.\n21.4 Suspension of Standing Orders\nThe mover of a motion to suspend any Standing Order shall state the clause or subclause of this local\nlaw to be suspended.\n21.5 Cases not provided for in the Standing Orders\nThe Presiding member shall decide all questions of order, procedure, debate or otherwise where no\nprovision or insufficient provision is made in this local law.\n\n8 May 2017 GOVERNMENT GAZETTE, WA 2427\n21.6 Decisions of the Presiding member\nAll decisions of the Presiding member shall be final unless a majority of the Councillors then present,\nby resolution made forthwith and without discussion, dissent therefrom.\n21.7 Penalty for Breach of Standing Orders\nAny person guilty of any breach of this local law or any of the provisions hereof, shall be liable upon\nconviction to a penalty not exceeding $1,000.00.\n21.8 Duty of Chief Executive Officer\nIt is the duty of the Chief Executive Officer to draw the attention of the Council to any breach or\nlikely breach of this local law even if it requires interrupting any person speaking, including the\nPresident.\n21.9 Enforcement\n21.9.1 The Presiding member of any Council or Committee meeting is authorised to enforce this local\nlaw during the course of the meeting.\n21.9.2 No action shall be taken by the Shire of Pingelly to institute legal proceedings for an alleged\nbreach of this local law unless by resolution of the Council.\n————\nDated this 20th day of April in the year of 2017.\nThe Common Seal of the Shire of Pingelly is hereunto affixed by authority of a resolution of Council in\nthe presence of—\nSHIRLEY LANGE, President.\nGAVIN POLLOCK, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a standard local government standing orders document made under the Local Government Act 1995. It covers the expected scope of meeting procedures, member conduct, and administrative matters. There is no evidence of scope creep; the document remains focused on its original purpose of governing council meeting conduct."},"complexity_factors":["21 distinct Parts with 80+ individual clauses, creating a lengthy but logically structured document","Multiple defined voting thresholds: 'simple majority', 'absolute majority', 'special majority', and '75% majority' — each with specific mathematical calculations based on council size","Extensive cross-referencing between clauses (e.g., clause 12.4 references 12.5, clause 16.19 references clause 10)","Nested conditional logic for procedural motions — different effects depending on whether the motion is on a substantive motion vs. amendment (clauses 15.4.1 vs 15.4.2)","Temporal restrictions scattered throughout (e.g., 3-month ban on repeating negated motions in clause 13.7, 48-hour notice for minutes in 4.2.1, 10 business days for public access in 4.2.3)","Exception-heavy structure: numerous 'unless otherwise provided', 'except where', and 'provided that' qualifiers","Dual application framework — most rules apply to both Council and Committees, but with specific variations noted (Part 20)"],"plain_english_summary":"The Shire of Pingelly Standing Orders Local Law 2017 is the rulebook for how council, committee and public meetings are run, setting procedures for notice, speaking, debate, voting and enforcement. It governs councillors, the CEO and residents who petition or speak at meetings, aiming to keep meetings transparent, orderly and efficient — with time limits, public access rules and penalties for breaches to prevent chaos and protect fair decision‑making."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the prior 1999 Standing Orders local law (clause 1.4) and replaces it with an updated set of procedural rules. Notable scope shifts in the text include express provision for electronic notice delivery (clause 2.1), a defined community forum for committee meetings (clauses 9.3, 20.2), explicit enforcement and penalty provisions (clauses 21.7–21.9), and clarified presiding member discretions (clauses 7.1, 12.10). These are changes in form and operational detail from the repealed instrument as reflected in the new clauses."},"complexity_factors":["Length and detail: many procedural clauses govern routine meeting practice (Parts 2–20) which increases drafting bulk but not conceptual difficulty.","Cross-references to higher law: frequent reliance on the Local Government Act 1995 and its regulations for scope and limits (clauses 1.5–1.6).","Multiple voting thresholds and definitions: simple, absolute, special and 75% majorities are defined and applied in different places (clause 1.7; Part 16).","Discretionary powers of the presiding member: broad procedural and order-making powers with limited internal check other than immediate dissent motions (clauses 7.1, 12.10, 21.6).","Operational requirements and compliance burden: notice rules (including electronic transmission) and public inspection obligations impose routine administrative tasks on the CEO (clauses 2.1, 2.6–2.7, 21.8).","Enforcement and sanctions: criminal penalty up to $1,000 and formal limits on instituting proceedings require council resolution (clauses 21.7, 21.9.2).","Committee and public-participation provisions: separate rules for committee forums and deputations add procedural variants (clauses 9.2–9.3, 20.2)."],"plain_english_summary":"This local law sets the rules for how the Shire of Pingelly’s council, its committees and meetings of electors are run — covering notice (including electronic delivery), agendas, quorum, debate rules, voting majorities, public attendance and enforcement (clauses 1.3, 2.1, 3.1, 16.1, 21.7). It affects councillors, the Chief Executive Officer and the public by prescribing who decides, how votes are taken, notification and disclosure duties, the President’s procedural powers, and sanctions for breaches."}},"importantCases":[],"_links":{"self":"/api/acts/pingelly-shire-of-standing-orders-local-law-2017","history":"/api/acts/pingelly-shire-of-standing-orders-local-law-2017/history","analysis":"/api/acts/pingelly-shire-of-standing-orders-local-law-2017/analysis","conflicts":"/api/acts/pingelly-shire-of-standing-orders-local-law-2017/conflicts","importantCases":"/api/acts/pingelly-shire-of-standing-orders-local-law-2017/important-cases","documents":"/api/acts/pingelly-shire-of-standing-orders-local-law-2017/documents"}}