{"id":"wa-local:victoria-plains-shire-of-shire-of-victoria-plains-meeting-procedures-local-law-2018","name":"Shire of Victoria Plains Meeting Procedures Local Law 2018","slug":"shire-of-victoria-plains-meeting-procedures-local-law-2018","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439003,"registerId":"wa-local:victoria-plains-shire-of-shire-of-victoria-plains-meeting-procedures-local-law-2018-pdf-1775955190924","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Shire of Victoria Plains Meeting Procedures Local Law 2018","content":"!2018165GG!\n4309\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, FRIDAY, 26 OCTOBER 2018 No. 165 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_________\nSHIRE OF VICTORIA PLAINS\n———————————\nMEETING PROCEDURES\nLOCAL LAW 2018\n\n\n\n26 October 2018 GOVERNMENT GAZETTE, WA 4311\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF VICTORIA PLAINS\nMEETING PROCEDURES LOCAL LAW 2018\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Application\n1.4 Repeal\n1.5 Definitions\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 committees\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 Calling committee meetings\n3.5 Public notice of meetings\nPART 4—PRESIDING MEMBER AND QUORUM\n4.1 Who presides\n4.2 When the Deputy President can act\n4.3 Who acts if no President\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\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\nPART 5—BUSINESS OF A MEETING\n5.1 Business to be specified\n5.2 Order of business\n5.3 Grant of leave of absence\n5.4 Announcements by the presiding member\n5.5 Motions of which previous notice has been given\n5.6 New business of an urgent nature\n5.7 Adoption by exception resolution\n\n4312 GOVERNMENT GAZETTE, WA 26 October 2018\nPART 6—PUBLIC PARTICIPATION\n6.1 Meetings generally open to the public\n6.2 Closure of meetings to the public\n6.3 Question time for the public\n6.4 Question time for the public at certain meetings\n6.5 Minimum question time for the public\n6.6 Procedures for question time for the public\n6.7 Other procedures for question time for the public\n6.8 Distinguished visitors\n6.9 Deputations\n6.10 Presentation of petitions to Council\n6.11 Presentation of gift or awards to Council\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—QUESTIONS BY MEMBERS\n7.1 Questions by members\nPART 8—CONDUCT OF MEMBERS\n8.1 Members to be in their proper places\n8.2 Respect to the Presiding Member\n8.3 Official titles to be used\n8.4 Entering or leaving a meeting\n8.5 Members to indicate their intention to speak\n8.6 Priority of speaking\n8.7 Presiding member may take part in debates\n8.8 Relevance\n8.9 Speaking twice\n8.10 Duration of speeches\n8.11 No speaking after conclusion of debate\n8.12 No interruption\n8.13 Personal explanations\n8.14 No reopening of discussion\n8.15 Adverse reflection\n8.16 Withdrawal of offensive language\nPART 9—PRESERVING ORDER\n9.1 Presiding member to preserve order\n9.2 Point of order\n9.3 Procedures on a point of order\n9.4 Calling attention to breach\n9.5 Ruling by the presiding member\n9.6 Continued breach of order\n9.7 Right of presiding member to adjourn\nPART 10—DEBATE OF SUBSTANTIVE MOTIONS\n10.1 Motions to be stated and in writing\n10.2 Complex motions\n10.3 Motions to be supported\n10.4 Unopposed business\n10.5 Only one substantive motion at a time\n10.6 Order of call in debate\n10.7 Limit of debate\n10.8 Member may require motion to be read\n10.9 Consent of seconder required for alteration\n10.10 Order of amendments\n10.11 Form of an amendment\n10.12 Amendment must not negate original motion\n10.13 Relevance of amendments\n10.14 Mover of motion may speak on amendment\n10.15 Effect of an amendment\n10.16 Withdrawal of motion or amendment\n10.17 Right of reply\n\n26 October 2018 GOVERNMENT GAZETTE, WA 4313\nPART 11—PROCEDURAL MOTIONS\n11.1 Permissible procedural motions\n11.2 No debate\n11.3 Procedural motion—right of reply on substantive motion\n11.4 Meeting to proceed to the next business\n11.5 Debate to be adjourned\n11.6 Meeting now adjourn\n11.7 Ruling of the presiding member to be disagreed with\n11.8 Meetings closed to the public\n11.9 Question to be put\n11.10 Member to be no longer heard\nPART 12—DISCLOSURE OF INTERESTS\n12.1 Disclosure of interests\nPART 13—VOTING\n13.1 Motion or amendment—when put\n13.2 Majorities required for decisions\n13.3 Voting\n13.4 Method of taking vote\nPART 14—MINUTES OF MEETINGS\n14.1 Content of minutes\n14.2 Keeping of minutes\n14.3 Public inspection of unconfirmed minutes\n14.4 Confirmation of minutes\nPART 15—ADJOURNMENT OF MEETING\n15.1 Meeting may be adjourned\n15.2 Effect of adjournment\nPART 16—REVOKING OR CHANGING DECISIONS\n16.1 Requirements to revoke or change decisions\n16.2 Limitations on powers to revoke or change decisions\n16.3 Implementing a decision\nPART 17—SUSPENSION OF LOCAL LAW\n17.1 Suspension of local law\n17.2 Where local law does not apply\nPART 18—MEETINGS OF ELECTORS\n18.1 Electors’ general meetings\n18.2 Matters for discussion at electors’ general meetings\n18.3 Electors’ special meetings\n18.4 Requests for electors’ special meetings\n18.5 Convening electors’ meetings\n18.6 Who presides at electors’ meetings\n18.7 Procedure for electors’ meetings\n18.8 Participation of non-electors\n18.9 Voting at electors’ meetings\n18.10 Minutes of electors’ meetings\n18.11 Decisions made at electors’ meetings\nPART 19—ENFORCEMENT\n19.1 Penalty for breach\n19.2 Who can prosecute\n\n\n\n26 October 2018 GOVERNMENT GAZETTE, WA 4315\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF VICTORIA PLAINS\nMEETING PROCEDURES LOCAL LAW 2018\nUnder the powers conferred by the Local Government Act 1995 and under all other relevant powers,\nthe Council of the Shire of Victoria Plains resolved on 19 September 2018 to adopt the following local\nlaw.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the Shire of Victoria Plains Meeting Procedures Local Law 2018.\n1.2 Commencement\nThe local law comes into operation 14 days after the date of its publication in the Government Gazette.\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 Victoria Plains Local Law Relating to Standing Orders published in the Government\nGazette on 26 August 1997 is repealed.\n1.5 Definitions\n(1) In this local law unless the context otherwise requires—\nabsolute majority has the meaning given to it in section 1.4 of the Act;\nAct means the Local Government Act 1995;\nCEO means the Chief Executive Officer of the local government;\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 local government;\nemployee means an employee of the local government and includes a person under\nsection 5.70(1) of the Act;\nlocal government means the Shire of Victoria Plains;\nmeeting means a meeting of the Council, a committee or electors, as the context requires;\nmember has the meaning given to it in—\n(a) section 1.4 of the Act; or\n(b) section 5.10(1) of the Act;\noriginal motion means the motion that first introduces a proposal to be considered at a meeting;\nPresident means the President of the local government or other presiding member at a Council\nmeeting under section 5.6 of the Act;\npresiding member means, as the context requires—\n(a) in respect of the Council, the person presiding under section 5.6 of the Act;\n(b) in respect of a committee, the person presiding under sections 5.12, 5.13, and 5.14 of the\nAct; or\n(c) in respect of an electors’ meeting, the person presiding under section 5.30 of the Act;\nprocedural motion means a motion used to control the conduct of a meeting;\nRegulations means the Local Government (Administration) Regulations 1996;\nsimple majority means more than 50% of the members present and voting; and\nsubstantive motion means an original motion or an original motion as amended, but does not\ninclude an amendment or a procedural motion.\n\n4316 GOVERNMENT GAZETTE, WA 26 October 2018\n(2) Unless otherwise defined in this local law, the terms and expressions used in this local law are to\nhave the meaning given to them in the Act and Regulations.\nPART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES\n2.1 Establishment of committees\n(1) The establishment of committees is dealt with in section 5.8 of the Act.\n(2) A Council resolution to establish a committee under section 5.8 of the Act is to include—\n(a) the terms of reference of the committee;\n(b) the number of Council members, employees and other persons to be appointed to the\ncommittee;\n(c) the names or titles of the Council members and employees to be appointed to the committee;\n(d) the names of other persons to be appointed to the committee or an explanation of the\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 section 5.9 of the Act.\n2.3 Delegation of some powers and duties to certain committees\nThe delegation of some powers and duties to certain committees is dealt with in section 5.16 of the\nAct.\n2.4 Limits on delegation of powers and duties to certain committees\nThe limits on the delegation of powers and duties to certain committees are dealt with in section 5.17\nof the Act.\n2.5 Appointment of committee members\nThe appointment of committee members is dealt with in sections 5.10 and 5.11A of the Act.\n2.6 Tenure of committee membership\nTenure of committee membership is dealt with in section 5.11 of the Act.\n2.7 Resignation of committee members\nThe resignation of committee members is dealt with in regulation 4 of the Regulations.\n2.8 Register of delegations to committees\nThe register of delegations to committees is dealt with in section 5.18 of the Act.\n2.9 Committees to report\nA committee—\n(a) is answerable to the Council; and\n(b) is to report on its activities when, and to the extent, required by the 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 the Council, held on a monthly basis or otherwise as determined by the\nCouncil, is for the purpose of considering and dealing with the ordinary business of the Council.\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 section 5.4 of the Act.\n3.3 Convening Council meetings\n(1) The convening of a Council meeting is dealt with in section 5.5 of the Act.\n(2) The CEO is to give at least 72 hours notice, for the purposes of section 5.5 of the Act, in convening\na special meeting of the Council, subject to subclause (3).\n(3) Where, in the opinion of the President 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 Calling committee meetings\nThe CEO is to call a meeting of any committee when requested by the President, the presiding\nmember of a committee or any two members of that committee.\n3.5 Public notice of meetings\nPublic notice of meetings is dealt with in regulation 12 of the Regulations.\n\n26 October 2018 GOVERNMENT GAZETTE, WA 4317\nPART 4—PRESIDING MEMBER AND QUORUM\n4.1 Who presides\nWho presides at a Council meeting is dealt with in section 5.6 of the Act.\n4.2 When the Deputy President can act\nWhen the Deputy President can act is dealt with in section 5.34 of the Act.\n4.3 Who acts if no President\nWho acts if there is no President is dealt with in section 5.35 of the Act.\n4.4 Election of presiding members of committees\nThe election of presiding members of committees is dealt with in section 5.12(1) of the Act.\n4.5 Election of deputy presiding members of committees\nThe election of deputy presiding members of committees is dealt with in section 5.12(2) the Act.\n4.6 Functions of deputy presiding members\nThe functions of deputy presiding members are dealt with in section 5.13 of the Act.\n4.7 Who acts if no presiding member\nWho acts if no presiding member is dealt with in section 5.14 of the Act.\n4.8 Quorum for meetings\nThe quorum for meetings is dealt with in section 5.19 of the Act.\n4.9 Reduction of quorum for Council meetings\nThe power of the Minister for to reduce the number for a quorum and certain majorities is dealt with\nin section 5.7 of the Act.\n4.10 Reduction of quorum for committee meetings\nThe reduction of a quorum for committee meetings is dealt with in section 5.15 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 regulation 8 of the\nRegulations.\n4.12 Procedure where quorum not present during a meeting\nIf at any time during a meeting a quorum is not present, the presiding member is—\n(a) immediately to suspend the proceedings of the meeting for a period of up to 30 minutes; and\n(b) if a quorum is not present at the expiry of that period, the presiding member is to adjourn the\nmeeting to some future time or date.\n4.13 Names to be recorded\nThe names of the members then present are to be recorded in the minutes at any meeting—\n(a) at which there is not a quorum present; or\n(b) which is adjourned for want of a quorum.\nPART 5—BUSINESS OF A MEETING\n5.1 Business to be specified\n(1) No business is to be transacted at any ordinary meeting other than that specified in the agenda,\nwithout the approval of the presiding member or a decision of the members present.\n(2) No business is to be transacted at a special meeting other than that given in the notice as the\npurpose of the meeting.\n(3) Where a meeting is adjourned to the next ordinary meeting then, the business unresolved at the\nadjourned meeting is to be dealt with before considering Reports at that ordinary meeting.\n(4) Where a meeting is adjourned to a meeting other than the next ordinary meeting, no business is to\nbe transacted at that later meeting other than that—\n(a) specified in the notice of the meeting which had been adjourned; and\n(b) which remains unresolved.\n5.2 Order of business\n(1) The order of business of an ordinary meeting of the Council shall be determined by the local\ngovernment from time to time, and shall include—\n1. Declaration of Opening\n1.1 Opening\n1.2 Announcements by presiding member\n2. Record of attendance—\n2.1 Members present\n2.2 Staff attending\n2.3 Apologies\n2.4 Approved leave of absence\n2.5 Observers\n\n4318 GOVERNMENT GAZETTE, WA 26 October 2018\n3. Disclosures of interest—\n3.1 Financial\n3.2 Proximity\n3.3 Impartiality\n4. Public Question Time—\n4.1 Response to previous public questions taken on notice\n4.2 Public questions without notice\n5. Presentations and Deputations—\n5.1 Presentations\n5.2 Deputations\n6. Applications for leave of absence\n7. Confirmation of minutes\n8. Reports requiring decision\n9. Member motions of which previous notice has been given\n10. New business of an urgent nature requiring decision introduced by decision of the meeting\n11. Meeting closed to public—\n11.1 Matters for which the meeting may be closed\n11.2 Public reading of resolutions made during a closed meeting\n12. Closure of meeting\n(2) Unless otherwise decided by the committee, the order of business at any ordinary meeting of a\ncommittee is to be as follows—\n1. Declaration of Opening\n1.1 Opening\n1.2 Announcements by presiding member\n2. Record of attendance—\n2.1 Members present\n2.2 Staff attending\n2.3 Apologies\n2.4 Approved leave of absence\n3. Disclosures of interest—\n3.1 Financial\n3.2 Proximity\n3.3 Impartiality\n4. Public question time where a Committee has delegated authority—\n4.1 Response to previous public questions taken on notice\n4.2 Public questions without notice\n5. Confirmation of minutes\n6. Reports requiring decision\n7. Member motions of which previous notice has been given\n8. New business of an urgent nature requiring decision introduced by decision of the meeting\n9. Meeting closed to public—\n9.1 Matters for which the meeting may be closed\n9.2 Public reading of resolutions made during a closed meeting\n10. Closure of meeting\n(3) Unless otherwise decided by the meeting, the order of business at any ordinary or special meeting\nis to be the order in which that business stands in the agenda of the meeting.\n(4) In determining the order of business for any meeting of the Council or a committee, the provisions\nof the Act and Regulations relating to the time at which public question time is to be held are to be\nobserved.\n5.3 Grant of leave of absence\nThe grant of leave of absence is dealt with in section 2.25 the Act.\n5.4 Announcements by the presiding member\nAnnouncements by the presiding member under item 1.2 of subclause 5.2(1) or item 1.2 of\nsubclause 5.2(2) are—\n(a) to inform the meeting of official duties performed, or functions attended, by the President, or\nof other matters of importance to the meeting, of which the meeting has not previously been\ninformed;\n(b) to be brief and concise; and\n(c) to be completed within ten minutes.\n5.5 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 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) with the concurrence of the President, may 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\n26 October 2018 GOVERNMENT GAZETTE, WA 4319\n(b) will inform members on each occasion that a notice has been excluded and the reasons for\nthat exclusion;\n(c) after consultation with the member where this is practicable, may make such amendments to\nthe form but not the substance as will bring the notice of motion into due form; and\n(d) may provide to the members relevant and material 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 meeting 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), notice of a 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.\n5.6 New business of an urgent nature\n(1) In cases of urgency or other special circumstances, matters may, on a motion by the presiding\nmember that is carried by the meeting, be raised without notice and decided by the meeting.\n(2) In subclause (1), cases of urgency or other special circumstances means matters that have\narisen after the preparation of the agenda that are considered by the presiding member to be of such\nimportance 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 or committee before the next\nmeeting.\n5.7 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 CEO 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 an absolute majority;\n(b) in which a financial or proximity interest has been disclosed;\n(c) that has been the subject of a petition or deputation;\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 section 5.23(1) of the Act.\n6.2 Closure of meetings to the public\n(1) The CEO may, at any time, recommend that a meeting or part of a meeting be closed to members\nof the public.\n(2) The Council or a committee, in one or more of the circumstances dealt with in section 5.23(2) of the\nAct, may at any time, by resolution, 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, unless a relevant interest is declared; and\n(ii) any employee specified by the presiding member; and\n(b) the meeting is to be closed to the public until, at the conclusion of the matter justifying the\nclosure of the meeting to the public, the Council or the committee, by resolution, decides\notherwise.\n(4) A person who fails to comply with a direction under subclause (3)(a) 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 meeting resolves otherwise, once the meeting is reopened to members of the public, the\npresiding member is to ensure that any resolution made while the meeting was closed is to be read\nout including a vote of a member to be included in the minutes.\n6.3 Question time for the public\nQuestion time for the public is dealt with in section 5.24 of the Act.\n6.4 Question time for the public at certain meetings\nQuestion time for the public at certain meetings is dealt with in regulation 5 of the Regulations.\n6.5 Minimum question time for the public\nMinimum question time for the public is dealt with in regulation 6 of the Regulations.\n\n4320 GOVERNMENT GAZETTE, WA 26 October 2018\n6.6 Procedures for question time for the public\nProcedures for question time for the public are dealt with in regulation 7 of the Regulations.\n6.7 Other procedures for question time for the public\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 Council or committee 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 next meeting of the Council or\ncommittee.\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) A member of the public shall have two minutes to submit a question or questions, unless the\npresiding member agrees to extend the time permitted.\n(6) Each member of the public with a question is entitled to ask up to two questions before other\nmembers of the public will be invited to ask their questions.\n(7) Where a member of the public provides written questions then the presiding member may elect for\nthe questions to be responded to as normal business correspondence.\n(8) 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(9) The presiding member may agree to extend public question time beyond the prescribed 15\nminutes, but not more than an additional 15 minutes.\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) A person addressing the meeting is to cease that address immediately after being directed to do\nso by the presiding member.\n(12) A person who fails to comply with a direction of the presiding member under subclause (11) may,\nby order of the presiding member, be removed from the meeting.\n6.8 Distinguished visitors\nIf a distinguished visitor is present at a meeting, the presiding member may acknowledge the\npresence of the distinguished visitor at an appropriate time during the meeting, and the presence of\nthat 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, 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 ten minutes without the prior agreement\nof the presiding member under subclause (1) or resolution of Council; and\n(c) additional members of the deputation may be allowed to speak with the permission of the\npresiding member.\n(4) A person addressing the meeting is to cease that address immediately after being directed to do so\nby the presiding member in order to preserve order, the time permitted has expired or the\npresentation has diverged from the purpose of the deputation.\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 meeting.\n(6) Any matter which is the subject of a deputation to the Council is not to be decided by the Council\nuntil the deputation has completed its presentation.\n\n26 October 2018 GOVERNMENT GAZETTE, WA 4321\n6.10 Presentation of petitions to Council\n(1) A petition to the local government is to—\n(a) be addressed to the President;\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 relevant employee\nto be included in his or her deliberations and report on the matter that is the subject of the petition,\nsubject to subclause (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 Presentation of gift or awards to Council\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\nPresident or CEO.\n6.12 Participation at committee meetings\n(1) In this 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) A member may attend, as an observer, any meeting of a committee of which he or she is not a\nmember or the deputy of a member, but is to sit in an area set aside for observers separated from the\ncommittee members.\n(3) Without the consent of the presiding member, no person is to address a committee meeting.\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 meeting.\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 to be the subject of\na number of deputations, the meeting may resolve to meet at another time to provide a greater\nopportunity to be heard.\n(2) The CEO and the President or presiding member shall set the time and date of the meeting to\nprovide the opportunity to be 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 meeting will be\nheld 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, and shall not\nmake any resolution.\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 ten 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 held under subclause (1).\n(9) The Council must not resolve on the matter that is the subject of a meeting under subclause (1)\nuntil it has received the CEO’s report under subclause (8).\n\n4322 GOVERNMENT GAZETTE, WA 26 October 2018\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 office of the local government.\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 meeting under the item Matters for which meeting may be closed;\n(b) marked Confidential in the agenda; and\n(c) kept confidential by members and employees until the Council resolves or the CEO\ndetermines otherwise.\n(2) A member or an employee 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 employee to the\nextent necessary for the purpose of carrying out his or her duties.\n(3) Subclause (2) does not apply where a member or employee 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 a meeting without the permission of the presiding member.\n(2) If the presiding member gives permission under subclause (1), the presiding member is to advise\nthe meeting, immediately before the recording is commenced, that such permission has been given\nand the nature and extent of that permission.\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 a meeting shall extend due courtesy and respect to the members 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 or audible pager is not audible or used\nduring any meeting.\n(5) The presiding member may expel a person from the meeting by ordering the person to leave the\nmeeting room, if—\n(a) after being warned, the person again acts contrary to this clause, or to this local law; or\n(b) a person refuses or fails to comply with a direction of the presiding member.\n(6) A person who is ordered to leave the meeting room and fails to do so may by order of the presiding\nmember, be removed from the meeting room, and if the presiding member orders, from the premises.\n(7) A person in breach of this clause is subject to the penalties specified in clause 19.1.\n(8) A person shall not behave in a manner that is contrary to section 75 of the Criminal Code.\nPART 7—QUESTIONS BY MEMBERS\n7.1 Questions by members\n(1) Members may ask questions of the CEO relating to an item on the notice paper.\n(2) A member asking question at a meeting may ask a question without notice and with the consent of\nthe presiding member, may ask one or more further questions.\n(3) Where possible the CEO shall endeavour to answer the question to the best of his or her\nknowledge and ability, however, if the information is unavailable or the answer requires research or\ninvestigation, the CEO may request that—\n(a) the question be placed on notice for the next meeting; and\n(b) the answer to the question be given to the member who asked it within 14 days.\n(4) Every question and answer—\n(a) is to be brief and concise; and\n(b) is not to be accompanied by discussion, except to the extent necessary to explain the question\nor answer.\n(5) In answering any question, the CEO may qualify his or her answer and may at a later time in the\nmeeting or at a subsequent meeting alter, correct, add to or otherwise amend the original answer.\nPART 8—CONDUCT OF MEMBERS\n8.1 Members to be in their proper places\n(1) At the first meeting held after each ordinary elections day, the CEO is to allot by random draw, a\nposition at the Council table to each member, and the member is to occupy that position when present\n\n26 October 2018 GOVERNMENT GAZETTE, WA 4323\nat meetings of the Council until such time as there is a call by a majority of members for a re-\nallotment of positions.\n(2) Each member is to occupy his or her allotted position at each Council meeting.\n8.2 Respect to the Presiding Member\nAfter the business of a meeting has been commenced, a member is not to enter or leave the meeting\nwithout first paying due respect to the presiding member.\n8.3 Official titles to be used\nA speaker, when referring to the President, Deputy President or presiding member, or a member or\nemployee, is to use the title of that person’s office.\n8.4 Entering or leaving a meeting\n(1) During the course of a meeting, a member is not to enter or leave the meeting without first\nadvising the presiding member, in order to facilitate the recording in the minutes of the time of entry\nor departure, and ensuring a quorum is present in the meeting.\n(2) Where a member is leaving a meeting and does not intend to return, the member is to advise the\npresiding member of such prior to departing.\n8.5 Members to indicate their intention to speak\nA member who wishes to speak is to indicate his or her intention to speak by raising his or her hand\nor by another method agreed by the presiding member.\n8.6 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.\n8.7 Presiding member may take part in debates\nThe presiding member may take part in a discussion of any matter before the meeting, subject to\ncompliance with this local law.\n8.8 Relevance\n(1) A member is to restrict his or her remarks to—\n(a) the motion or amendment under discussion;\n(b) a personal explanation; or\n(c) a point of order.\n(2) The presiding member may at any time—\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.\n8.9 Speaking twice\nWithout the consent of the presiding member, a member is not to address a meeting more than once\non 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.\n8.10 Duration of speeches\nA member is not to speak on any matter for more than five minutes without the consent of the\nmeeting which, if given, is to be given without debate.\n8.11 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.\n8.12 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 8.13; or\n(d) to move a procedural motion that the member be no longer heard under clause 11.1(g).\n\n4324 GOVERNMENT GAZETTE, WA 26 October 2018\n8.13 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.\n8.14 No reopening of discussion\nA member is not to reopen discussion on any decision, except to move that the decision be revoked or\nchanged.\n8.15 Adverse reflection\n(1) A member is not to reflect adversely on a decision of the Council or committee except on a motion\nthat the decision be revoked or changed under Part 16.\n(2) Unless the meeting resolves, without debate, that the motion then before the meeting cannot\notherwise be adequately considered, a member is not—\n(a) to reflect adversely on the character or actions of another member or employee; or\n(b) to impute any motive to a member or employee.\n(3) A member is not to use offensive or objectionable expressions in reference to any member,\nemployee or other 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 or committee may, by resolution, decide to record those words in the minutes.\n8.16 Withdrawal of offensive language\n(1) A member must withdraw the expression and make a satisfactory apology when directed by the\npresiding member, if the presiding member is of the opinion that an expression used by the member—\n(a) in the absence of a resolution under subclause 8.15(2)—\n(i) reflects adversely on the character or actions of another member or employee; or\n(ii) imputes any motive to a member or employee; or\n(b) is offensive or insulting.\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 9—PRESERVING ORDER\n9.1 Presiding member to preserve order\n(1) The presiding member is to preserve order, and, whenever considered necessary, may call any\nmember to order.\n(2) When the presiding member speaks during a debate, any member then speaking, or indicating\nthat he or she wishes to speak, and every member present is to preserve strict silence so that the\npresiding 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 8.7, but to preserve order.\n9.2 Point of order\n(1) A member may object, by way of a point of order, only to a breach of—\n(a) this local law; or\n(b) any other written law.\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.\n9.3 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 shall not continue until permitted, but is to remain\nsilent 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.\n9.4 Calling attention to breach\nA member may, at any time, draw the attention of the presiding member to any breach of this local\nlaw.\n\n26 October 2018 GOVERNMENT GAZETTE, WA 4325\n9.5 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—\n(a) is not to be the subject of debate or comment except to move or vote on a motion under\nparagraph (b); and\n(b) is to be final unless the majority of members then present and voting, on a motion moved\nimmediately 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.\n9.6 Continued breach of order\nThe presiding member may direct the member to refrain from taking any further part in the debate of\nthat item, other than by voting, and the member is to comply with that direction, if 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 9.5(3).\n9.7 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 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 purpose\nof preserving or regaining order, the second or subsequent adjournment may be to a later time on the\nsame day or to another day.\nPART 10—DEBATE OF SUBSTANTIVE MOTIONS\n10.1 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) if required by the presiding member, is to put the motion or amendment in writing.\n10.2 Complex motions\nThe presiding member may require that a complex substantive motion, or a complex amendment to a\nsubstantive motion, is to be broken down and put in the form of more than one motion, each of which\nis to be put in sequence.\n10.3 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 or committee meeting is not open to\ndebate unless the motion has the support required under regulation 10 of the Regulations.\n10.4 Unopposed business\n(1) Immediately after a substantive motion has been moved and seconded, the presiding member may\nask the meeting if any member opposes it.\n(2) If no member opposes the motion, the presiding member may declare it carried without debate and\nwithout taking a vote.\n(3) A motion declared carried under this clause is to be recorded in the minutes as a unanimous\ndecision of the meeting.\n(4) This clause does not apply—\n(a) if a member opposes a motion; or\n(b) to a motion to revoke or change a decision which has been made at a Council or committee\nmeeting.\n10.5 Only one substantive motion at a time\n(1) When a substantive motion is under debate at a meeting, no further substantive motion is to be\naccepted.\n(2) The meeting is not to consider more than one substantive motion at any time.\n10.6 Order of call in debate\nThe presiding member—\n(a) is to manage debate in any manner considered appropriate to fully consider and determine\nthe business before the meeting; and\n\n4326 GOVERNMENT GAZETTE, WA 26 October 2018\n(b) is to call speakers to a substantive motion or amendment in the following order—\n(i) the mover to state the motion;\n(ii) a seconder to the motion;\n(iii) the mover to speak to the motion;\n(iv) the seconder to speak to the motion;\n(v) a speaker against the motion;\n(vi) a speaker for the motion;\n(vii) other speakers against and for the motion, alternating where possible; and\n(viii) mover takes right of reply which closes debate.\n10.7 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.\n10.8 Member may require motion to be read\nA member may require the motion under discussion to be read at any time during a debate, but not so\nas to interrupt any other member who is speaking.\n10.9 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.\n10.10 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.\n10.11 Form of an amendment\nAn amendment must add, delete, or substitute words to the substantive motion.\n10.12 Amendment must not negate original motion\nAn amendment to a substantive motion cannot negate the original motion or the intent of the original\nmotion.\n10.13 Relevance of amendments\nEach amendment is to be relevant to the motion in respect of which it is moved.\n10.14 Mover of motion may speak on amendment\nAny member may speak during debate on an amendment consistent with subclause 10.6(b).\n10.15 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.\n10.16 Withdrawal of motion or amendment\n(1) Subject to subclause (2), the meeting 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.\n10.17 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 motion;\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.\n\n26 October 2018 GOVERNMENT GAZETTE, WA 4327\nPART 11—PROCEDURAL MOTIONS\n11.1 Permissible procedural motions\nIn addition to the right to move an amendment to a substantive motion a member may move the\nfollowing procedural motions—\n(a) that the meeting proceed to the next item of business;\n(b) that the debate be adjourned;\n(c) that the meeting now adjourn;\n(d) that the ruling of the presiding member be disagreed with;\n(e) that the meeting be closed to the public;\n(f) that the question be now put; and\n(g) that the member be no longer heard.\n11.2 No debate\n(1) The mover of a motion specified in subclause 11.1(a), (b), (c), (d) or (e) may speak to the motion for\nnot more than two minutes, the seconder is not to speak other than to formally second the motion,\nand there is to be no debate on the motion.\n(2) The mover of a motion specified in subclause 11.1(f) or (g) 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.\n11.3 Procedural motion—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.\n11.4 Meeting to proceed to the next business\n(1) The motion that the meeting proceed to the next item of business, if carried, has the effect that—\n(a) the debate on the substantive motion or amendment ceases immediately;\n(b) no decision is made on the substantive motion;\n(c) the meeting moves to the next item of business; and\n(d) there is no requirement for the matter to be raised again for consideration.\n(2) No person who has moved, seconded, or spoken for or against the substantive motion, or any\namendment to the substantive motion, may move a motion to proceed to the next business.\n11.5 Debate to be adjourned\nA motion that the debate be adjourned—\n(a) is to state the time and date or circumstances to which the debate is to be adjourned; 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.\n11.6 Meeting now adjourn\n(1) A motion that the meeting now adjourn—\n(a) is to state the time and date or circumstances 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 or circumstances\nspecified in the motion.\n(2) A member is not to move or second more than one motion of adjournment during the same sitting\nof the Council or committee.\n(3) Before putting the motion for the adjournment of the meeting, the presiding member may seek\nleave of the meeting to deal first with matters that may be the subject of an adoption by exception\nresolution under clause 5.7.\n(4) A meeting adjourned under subclause (1) is to continue from the point at which it was adjourned,\nunless the presiding member or the meeting determines otherwise.\n11.7 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.\n11.8 Meetings closed to the public\nClosure of meetings to the public is dealt with under clause 6.2.\n11.9 Question to be put\n(1) If the motion that the question 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) No person who has moved, seconded, or spoken for or against the substantive motion, or any\namendment to the substantive motion, may move the motion.\n(3) If the motion is carried during discussion of an amendment, the presiding member is to put the\namendment to the vote without further debate.\n(4) If the motion is lost, debate is to continue.\n\n4328 GOVERNMENT GAZETTE, WA 26 October 2018\n11.10 Member to be no longer heard\nIf the motion that the member be no longer heard is carried, the speaker against whom the motion has\nbeen moved cannot speak further on the current substantive motion, or any amendment relating to it,\nexcept to exercise the right of reply if he or she is the mover of the substantive motion.\nPART 12—DISCLOSURE OF INTERESTS\n12.1 Disclosure of interests\nDisclosure of interests is dealt with in Division 6 of Part 5 of the Act.\nPART 13—VOTING\n13.1 Motion or amendment—when put\n(1) Immediately after the debate on any motion or amendment is concluded and the right of reply has\nbeen exercised, the presiding member—\n(a) is to put the motion or amendment to the meeting; and\n(b) if requested by any member, is to again state the terms of the motion or amendment.\n(2) A member is not to leave the meeting when the presiding member is putting any motion or\namendment.\n13.2 Majorities required for decisions\nThe majorities required for decisions of the Council and committees are dealt with in section 5.20 of\nthe Act.\n13.3 Voting\nVoting is dealt with in section 5.21 of the Act and regulation 9 of the Regulations.\n13.4 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 determination\nwhether 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; and\n(d) subject to this clause, is to declare the result.\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.\nPART 14—MINUTES OF MEETINGS\n14.1 Content of minutes\n(1) The content of minutes is dealt with in regulation 11 of the Regulations.\n(2) Recording of names of those voting is under section 5.21(4) of the Act.\n(3) In addition to the matters required by regulation 11 of the Regulations, the minutes of a meeting\nis to include—\n(a) 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; and\n(b) the number of members present voting for or against a motion or amendment.\n14.2 Keeping of minutes\nThe keeping and confirmation of minutes are dealt with in section 5.22 of the Act.\n14.3 Public inspection of unconfirmed minutes\nThe public inspection of unconfirmed minutes is dealt with in regulation 13 of the Regulations.\n14.4 Confirmation of minutes\n(1) When minutes of an ordinary meeting of the Council or committee are distributed for\nconsideration prior to their confirmation at the next meeting, if a member is dissatisfied with the\naccuracy of the minutes, the member may provide the local government with a written copy of the\nalternative wording to amend the minutes no later than seven clear working days before the next\nordinary meeting of the Council or committee.\n(2) At the next ordinary meeting of the Council or committee, the member who provided the\nalternative wording shall, 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.\n\n26 October 2018 GOVERNMENT GAZETTE, WA 4329\nPART 15—ADJOURNMENT OF MEETING\n15.1 Meeting may be adjourned\nThe Council or committee may adjourn a 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.\n15.2 Effect of adjournment\nWhere any matter, motion, debate or meeting is adjourned under this local law, debate is to be\nresumed at the next meeting at the point where it was interrupted.\nPART 16—REVOKING OR CHANGING DECISIONS\n16.1 Requirements to revoke or change decisions\n(1) The requirements to revoke or change a decision made at a meeting are dealt with in regulation 10\nof the Regulations.\n(2) For avoidance of doubt, this Part applies to committees exercising delegated authority of Council.\n16.2 Limitations on powers to revoke or change decisions\n(1) Subject to subclause (2), a meeting is not to consider a motion to revoke or change a decision—\n(a) where, at the time the motion is moved or notice is given, any action has been taken under\nclause 16.3 to implement the decision; or\n(b) where the decision is procedural in its form or effect.\n(2) A meeting may consider a motion to revoke or change a decision of the kind described in\nsubclause (1)(a) if the motion is accompanied by a written statement of the legal and financial\nconsequences of carrying the motion.\n16.3 Implementing a decision\n(1) In this clause—\nauthorisation means a licence, permit, approval or other means of authorising a person to do\nanything;\nimplement, 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\nvalid notice of revocation motion means a notice of motion to revoke or change a decision that\ncomplies 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) 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(3) A decision made at a meeting is not to be implemented by the CEO or any other person—\n(a) subject to subclause (2), until the afternoon of the first business day after the commencement\nof the meeting at which the decision was made; or\n(b) if the CEO or that person is given a valid notice of revocation motion before commencing any\nimplementation action; and\n(c) unless and until the valid notice of revocation motion has been determined by the Council or\nthe committee as the case may be.\n(4) The CEO is to ensure that members of the public attending the meeting are informed by an\nappropriate notice at the commencement of both agenda and minutes of the meeting, that a decision\nto 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 17—SUSPENSION OF LOCAL LAW\n17.1 Suspension of local law\n(1) A member may at any time move that the operation of one or more of the provisions of this local\nlaw be suspended.\n(2) A member moving a motion under subclause (1) is to state the reasons for the motion but no other\ndiscussion is to take place.\n(3) A motion under subclause (1) is to—\n(a) be seconded;\n(b) be carried by absolute majority; and\n(c) is to suspend the operation of the clause or clauses to which the motion relates for the\nduration of the meeting, unless the meeting resolves otherwise.\n\n4330 GOVERNMENT GAZETTE, WA 26 October 2018\n17.2 Where local law does not apply\n(1) The presiding member is to decide any question relating to the conduct of the meeting in\nsituations where—\n(a) one or more provisions of this local law have been suspended; or\n(b) a matter is not regulated by the Act, the Regulations or this local law.\n(2) The decision of the presiding member under subclause (1) is final, except where a motion is moved\nand carried under clause 11.7.\n(3) Notwithstanding the provisions of subclause (1), the presiding member may call for a vote on a\nruling open to him or her under subclause (1).\n(4) The vote is to be taken without a motion and without debate and the presiding member shall be\nbound by the outcome of the vote.\nPART 18—MEETINGS OF ELECTORS\n18.1 Electors’ general meetings\nElectors’ general meetings are dealt with in section 5.27 of the Act.\n18.2 Matters for discussion at electors’ general meetings\nThe matters to be discussed at electors’ general meetings are dealt with in regulation 15 of the\nRegulations.\n18.3 Electors’ special meetings\nElectors’ special meetings are dealt with in section 5.28 of the Act.\n18.4 Requests for electors’ special meetings\nRequests for electors’ special meetings are dealt with in regulation 16 of the Regulations.\n18.5 Convening electors’ meetings\nConvening electors’ meetings is dealt with in section 5.29 of the Act.\n18.6 Who presides at electors’ meetings\nWho presides at electors’ meetings is dealt with in section 5.30 of the Act.\n18.7 Procedure for electors’ meetings\n(1) The procedure for electors’ meetings is dealt with in section 5.31 of the Act and regulation 18 of\nthe 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.\n18.8 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.\n18.9 Voting at electors’ meetings\nVoting at electors’ meetings is dealt with in regulation 17 of the Regulations.\n18.10 Minutes of electors’ meetings\nMinutes of electors’ meetings are dealt with in section 5.32 of the Act.\n18.11 Decisions made at electors’ meetings\nDecisions made at electors’ meetings are dealt with in section 5.33 of the Act.\nPART 19—ENFORCEMENT\n19.1 Penalty for breach\nA person who breaches a provision of this local law commits an offence, and is liable for a penalty up\nto $1,000, and if the breach is of a continuing nature, a further penalty of up to $100 in respect of\neach day during which the offence has continued.\n19.2 Who can prosecute\nWho can prosecute is dealt with in section 9.24(2) the Act.\n————\nDated 19 September 2018.\nThe Common Seal of the Shire of Victoria Plains was affixed by authority of a resolution of Council in\nthe presence of—\nD. S. LOVELOCK, Shire President.\nG. M. TEEDE, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of regulating meeting procedures. It is a direct replacement of the 1997 Standing Orders local law and covers the expected scope: council meetings, committees, and electors' meetings. There is no significant scope creep beyond procedural governance."},"complexity_factors":["Length: Moderate length at 19 Parts and approximately 80 clauses, but highly structured and repetitive","Cross-references: Heavy reliance on external legislation (Local Government Act 1995 and Local Government (Administration) Regulations 1996) - many clauses simply defer to these parent laws rather than stating substantive rules","Defined terms: 15 defined terms in clause 1.5, including technical distinctions like 'absolute majority' vs 'simple majority' and 'substantive motion' vs 'procedural motion'","Procedural detail: Extensive granular rules for meeting conduct (e.g., specific speaking orders in clause 10.6, precise time limits for speeches and question time)","Conditional logic: Multiple nested exceptions and qualifications (e.g., clause 5.7 on 'adoption by exception' resolutions lists 5 specific exclusions; clause 16.3 has complex timing rules for implementing decisions)","Self-referential: Contains provisions for its own suspension (Part 17) and gaps where it defers to the presiding member's discretion"],"plain_english_summary":"This local law from the Shire of Victoria Plains sets binding rules for how council, committee and electors’ meetings are run—covering calling meetings, chairing, debate, voting, public questions/deputations, when meetings may be closed, and penalties for breaches.  \n\nIt applies to councillors, committee members, the CEO/staff and any members of the public attending meetings. It promotes orderly, transparent and fair decision-making, protects public participation rights, and replaces the 1997 procedure local law."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The local law expressly repeals the Shire’s 1997 Standing Orders (cl.1.4) and restates rules governing Council, committee and electors’ meetings (cl.1.3). The text does not itself assert a narrowing or broadening of subject-matter scope beyond replacing the prior local law; it continues to cover meeting procedures, public participation, disclosure, decision implementation and enforcement as its core remit."},"complexity_factors":["Extensive cross-references to the Local Government Act 1995 and the Local Government (Administration) Regulations 1996 (see cl.1.5(2) and multiple provisions throughout Parts 2–18), requiring readers also to consult primary legislation.","Detailed procedural layering across many Parts (agenda order, debate rules, procedural motions, public question time) creating many interaction points (Parts 5, 10, 11, 6).","Significant presiding member discretion (e.g. to close meetings cl.6.2, allow recordings cl.6.16, extend question time cl.6.7(9), determine conduct where law silent cl.17.2), which affects predictability and implementation.","Specific implementation and stay rules for decisions (cl.16.3) that restrict when authorisations take effect and interact with revocation motions, adding operational complexity for staff and applicants.","Enforcement and sanctions (penalty and daily fine, cl.19.1) impose compliance costs and risk for members and the public.","Procedural limits on member behaviour and speaking (time limits, one-speech rules, withdrawal of offensive language: Parts 8–9) that require active minute-keeping and chair management.","Delegation and committee reporting rules referencing Act sections (Part 2) require alignment with the council’s delegations register and executive practice."],"plain_english_summary":"Sets the rules for meetings of the Shire of Victoria Plains Council, its committees and electors: how agendas, public participation, debate, voting, minutes, closures and enforcement operate. It applies to councillors, the CEO, employees and meeting attendees and prescribes who decides (presiding member, Council, CEO), procedural duties, disclosure obligations and penalties up to $1,000 (cl.19.1), affecting compliance costs and how decisions can be implemented or deferred (cl.16.3)."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-victoria-plains-meeting-procedures-local-law-2018","history":"/api/acts/shire-of-victoria-plains-meeting-procedures-local-law-2018/history","analysis":"/api/acts/shire-of-victoria-plains-meeting-procedures-local-law-2018/analysis","conflicts":"/api/acts/shire-of-victoria-plains-meeting-procedures-local-law-2018/conflicts","importantCases":"/api/acts/shire-of-victoria-plains-meeting-procedures-local-law-2018/important-cases","documents":"/api/acts/shire-of-victoria-plains-meeting-procedures-local-law-2018/documents"}}