{"id":"warmun-community-bylaws-2006","name":"Warmun Community By-laws 2006","slug":"warmun-community-by-laws-2006","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182416,"registerId":"wa-warmun-community-bylaws-2006-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Warmun Community By-laws 2006","content":"![Crest]()Western Australia\n\nAboriginal Communities Act 1979\n\nWarmun Community By-laws 2006\n\nWestern Australia\n\nWarmun Community By-laws 2006\n\nContents\n\n1. Introduction 1\n\n2. How the Council makes decisions 2\n\n3. Giving and refusing permission 2\n\n4. Members on community lands 3\n\n5. Non-members on community lands 3\n\n6. Places that are out of bounds 3\n\n7. Driving and traffic control 4\n\n8. Damage 4\n\n9. Rubbish 4\n\n10. Fires 5\n\n11. Other people’s houses 5\n\n12. Drugs and harmful substances 5\n\n13. Alcohol 6\n\n14. Bad behaviour 6\n\n15. Noise at night 7\n\n16. Police powers 7\n\n17. Offences against these by‑laws 7\n\nNotes\n\nCompilation table 9\n\nDefined terms\n\n  \n\nWestern Australia\n\nAboriginal Communities Act 1979\n\nWarmun Community By-laws 2006\n\n##### 1. Introduction\n\n(1) These are the *Warmun Community By-laws 2006*.\n\n(2) These by‑laws replace the *Warmun Community (Turkey Creek) Inc. By‑laws* made in 1991, which are repealed.\n\n(3) These by‑laws have been made by the Council of Warmun Community (Turkey Creek) Inc. and approved by the Governor.\n\n(4) Warmun Community (Turkey Creek) Inc. is an Aboriginal community to which the *Aboriginal Communities Act 1979* applies.\n\n(5) As that Act says, these by-laws apply to you if you are on the community lands of that Aboriginal community and it does not matter if you are a member of the community or not.\n\n(6) Under that Act the Governor has said which lands are the community lands of the community.\n\n(7) You are a member of the community if you are a member of Warmun Community (Turkey Creek) Inc. under its constitution or if the Council has agreed that you are a member for the purposes of these by-laws.\n\n(8) These by-laws are in addition to the laws of Western Australia.\n\n##### 2. How the Council makes decisions\n\n(1) When it is making a decision under these by‑laws the Council will consider the welfare of the community as the most important consideration.\n\n(2) The Council does not have to give reasons for any of its decisions under these by‑laws.\n\n(3) The Council must tell you about a decision it has made under these by‑laws and can do so by speaking or writing to you or by putting up a notice of it in a public place on the community lands.\n\n##### 3. Giving and refusing permission\n\n(1) The Council can permit a member of the Council or any other person to make decisions on its behalf about giving, refusing or taking away permission under these by‑laws and if it does it must do so in writing.\n\n(2) If you want the Council’s permission under these by‑laws to do something you must ask the Council, or a person who has been given permission under by-law 3(1) to make decisions.\n\n(3) If these by‑laws allow the Council to give permission to do something, it can give permission to any person or to any class of persons and also can at any time —\n\n- require the person or class to comply with conditions when doing the thing; or\n- change or take away any such conditions; or\n- take away the permission.\n\n\n(4) If these by‑laws allow the Council to give permission to do something, it can refuse to give permission.\n\n##### 4. Members on community lands\n\nIf you are a member of the community you can be on the community lands at any time except when you are removed by a member of the Police Force under by‑law 16(3).\n\n##### 5. Non-members on community lands\n\n(1) If you are not a member of the community, you can only be on the community lands if you have got permission from the Council.\n\n(2) In order to ask for permission to be on the community lands, you may enter the community lands between 8.00 a.m. and 12.00 noon and between 1.00 and 4.00 p.m. on any day except Saturdays and Sundays, as long as you go straight to the administration office.\n\n(3) If you get permission to be on the community lands before you enter them, you must tell a member of the Council of your arrival as soon as you do arrive.\n\n(4) If, after you get permission from the Council to be on the community lands, you go on them, you must obey any conditions that the Council has imposed.\n\n(5) If you do not obey those conditions when you are on the community lands, the Council can order you to leave the lands and, if it does, you must leave immediately.\n\n##### 6. Places that are out of bounds\n\n(1) The Council can decide that some places on the community lands are out of bounds to all people, or to some people, at all times or at some times.\n\n(2) The Council can decide that some places on the community lands are out of bounds to all vehicles or some vehicles, at all times or at some times.\n\n##### 7. Driving and traffic control\n\n(1) When you are driving you must not be under the influence of alcohol or any drug or harmful substance.\n\n(2) When you are driving you must drive carefully and not cause danger to your passengers or other people.\n\n(3) When you are driving you and your passengers must wear seatbelts and young children must be secured with safety harnesses.\n\n(4) When you are riding a motorcycle you and any passenger must wear a safety helmet.\n\n(5) When you are driving you must have a valid Australian driver’s licence.\n\n(6) When you are driving your car must be licensed under the *Road Traffic Act 1974*.\n\n(7) When you are driving your car must be in good mechanical condition.\n\n(8) The Council can put up signs telling drivers where they can drive, how fast they can drive and how they must drive.\n\n(9) When you are driving you must obey those signs.\n\n##### 8. Damage\n\n(1) You must not damage anything that belongs to Warmun Community (Turkey Creek) Inc. or anything that does not belong to you.\n\n(2) You must not damage any plant that has been planted by another person or the Council.\n\n##### 9. Rubbish\n\n(1) You must not leave rubbish at any camping or fishing or other place on the community lands except in a rubbish bin, or a rubbish tip, set up by the Council.\n\n(2) You must not leave rubbish in any house or outside any house without the permission of the people living in the house.\n\n##### 10. Fires\n\n(1) The Council can decide where fires cannot be lit on the community lands.\n\n(2) You must not light or use a fire on the community lands at a place where fires cannot be lit.\n\n(3) This by‑law does not let you break the law in the *Bush Fires Act 1954*.\n\n##### 11. Other people’s houses\n\n(1) You must not enter another person’s house without their permission.\n\n(2) You must leave another person’s house if they ask you to leave.\n\n##### 12. Drugs and harmful substances\n\n(1) For this by-law —\n\n  a harmful substance is any substance that is not meant to be swallowed, inhaled or injected by you, and that may harm your health if you swallow, inhale or inject it, such as glue or petrol;\n\n  an illegal drug is any drug that it is illegal to possess under the laws of Western Australia.\n\n(2) You must not —\n\n- bring an illegal drug on to the community lands; or\n- give or sell an illegal drug to another person; or\n- have or keep an illegal drug; or\n- deliberately swallow or inhale or inject yourself with an illegal drug or harmful substance.\n\n\n(3) If you are under the influence of an illegal drug or harmful substance —\n\n- you must go home and stay in your home until you are no longer under the influence; and\n- you must not go into the association’s store or office or any other public place.\n\n\n(4) This by-law does not stop you taking any medication in the way it is meant to be taken or any drug that has been prescribed for you by a doctor or nurse.\n\n##### 13. Alcohol\n\n(1) Unless you have the Council’s permission to do so, you must not —\n\n- bring any alcohol on to the community lands; or\n- give or sell any alcohol to another person; or\n- have or keep any alcohol; or\n- drink any alcohol.\n\n\n(2) If you are under the influence of alcohol —\n\n- you must go home and stay in your home until you are no longer under the influence; and\n- you must not go into the association’s store or office or any other public place.\n\n\n##### 14. Bad behaviour\n\n(1) You must not annoy or frighten other people by using bad or abusive language, by fighting, by carrying a weapon, by being rowdy, or by driving irresponsibly.\n\n(2) You must not make it difficult for the Council or any of its members or employees to do their jobs.\n\n(3) You must not disrupt a meeting of the Council or of members of the community or a customary meeting.\n\n(4) If you do disrupt such a meeting, the meeting can ask you to leave the meeting and, if it does, you must leave immediately.\n\n##### 15. Noise at night\n\nAfter 10.00 p.m. on Sundays to Thursdays, and after midnight on Fridays and Saturdays, and before 7.00 a.m. the next day, you must not play loud music, or make a loud noise, that disturbs people.\n\n##### 16. Police powers\n\n(1) If a member of the Police Force believes a person is breaking, or has broken, one of these by‑laws, he or she can ask the person for the person’s name and address.\n\n(2) If a member of the Police Force asks you for your name and address under by‑law 16(1), you must tell him or her.\n\n(3) If a member of the Police Force believes a person is breaking, or has broken, one of these by‑laws, he or she can arrest the person and remove him or her from the community lands.\n\n(4) A person who is arrested under by‑law 16(3) must be released after being dealt with by a court for the breach and in any event must not be kept in custody for longer than 24 hours.\n\n(5) A member of the Police Force can remove any thing from the community lands that is connected with the breach of one of these by-laws including but not limited to vehicles.\n\n##### 17. Offences against these by‑laws\n\n(1) You commit an offence against these by‑laws —\n\n- if you do not obey one of these by‑laws; or\n- if you do not obey a condition that was imposed by the Council when it gave you permission under these by‑laws to do something.\n\n\n(2) A member of the Police Force can charge a person with committing an offence against these by‑laws.\n\n(3) A court that finds a person guilty of an offence against these by‑laws can fine the person not more than $5 000.\n\n(4) If a court finds a person guilty of an offence against these by‑laws and finds that when the person committed the offence the person damaged property of another person or the association, the court may order the person to pay compensation of not more than $250 to the other person or the association.\n\nThe Common Seal of Warmun Community (Turkey Creek) Incorporated was put here in accordance with a resolution of the Council in the presence of —\n\nMAX THOMAS (CHAIRMAN)\n\nBETTY CARRINGTON\n\nPATRICK MUNG MUNG\n\nSHIRLEY PURDIE\n\nJOHN MOSQUITO\n\nDate 25.7.06\n\nNotes\n\n1 This is a compilation of the *Warmun Community By-laws 2006*. The following table contains information about those by-laws.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Warmun Community By-laws 2006* | 18 Aug 2006 p. 3451‑62 | 18 Aug 2006 |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nharmful substance 12(1)\n\nillegal drug 12(1)\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These by‑laws formally replace the Warmun Community (Turkey Creek) Inc. By‑laws 1991 (Intro 2) and continue the same core regulatory scope: control of access to community lands, standards of behaviour, traffic and safety rules, alcohol and drug controls, and penalties for breaches. They do not add a markedly new regulatory domain beyond that established previously; instead they consolidate and modernise local rules, clarify delegation and enforcement mechanics, and cross‑reference applicable state laws (for example Road Traffic Act 1974 and Bush Fires Act 1954)."},"complexity_factors":["Short, self‑contained instrument (17 substantive by‑laws).","Only 2 expressly defined terms (harmful substance; illegal drug).","Multiple broad discretionary powers vested in the Council (e.g. 2(1) welfare test; 3(3) conditions; 6(1) out‑of‑bounds declarations).","Cross‑references to state legislation (Road Traffic Act 1974; Bush Fires Act 1954) requiring dual compliance.","Enforcement depends on external actor (Police) with specified powers and procedural limit (16(1)–(5)).","Penalties are simple (single fine cap and small compensation cap) reducing procedural complexity.","Several operational constraints and timings (non‑member office hours at 5(2); night noise curfew at 15) that create conditional rules but are not heavily nested.","No complex appeal, review or notice requirements; Council need not give reasons (2(2)), which reduces procedural layering but increases substantive discretion. "],"plain_english_summary":"**What this instrument is, mechanically**\n\n- These are local by‑laws made by the Council of Warmun Community (Turkey Creek) Inc. under the Aboriginal Communities Act 1979 to regulate behaviour and use of the community lands. (Intro and 1.)\n- They replace an earlier set of by‑laws from 1991. (Intro 2.)\n\n**Who is covered**\n\n- Everyone on the community lands is covered — members and non‑members alike. (Intro 5.)\n- A “member” means someone on the community association’s membership roll or a person the Council treats as a member for the purposes of these by‑laws. (Intro 7.)\n\n**What the by‑laws do (plain terms, by topic)**\n\n- Access: Members may be on community lands at any time unless removed by police (4). Non‑members must have Council permission and may only seek permission in limited hours and must go straight to the administration office when doing so (5(1)–(3)). The Council can impose conditions on permission, change them or revoke permission (3(3)).\n\n- Council decision‑making: The Council must consider the community’s welfare as the primary factor when making decisions (2(1)), does not have to give reasons for decisions (2(2)), and may delegate decision‑making in writing (3(1)). The Council can declare parts of the land or certain vehicles out of bounds (6).\n\n- Public order and safety rules: Rules cover driving standards, licensing, vehicle condition, seatbelts and helmets, obeying on‑site signs, damage to property and plants, rubbish disposal, where fires may be lit (with a note that state bushfire law still applies), entering other people’s houses, noise curfews, disruptive behaviour and weapons (7–11, 14–15).\n\n- Drugs and alcohol: Bringing, possessing, supplying or using illegal drugs or alcohol on the community lands is prohibited unless the Council permits otherwise. Persons under the influence must stay at home and cannot enter the association’s shop, office or other public places (12–13).\n\n- Enforcement, sanctions and police powers: Police may ask for name and address where they suspect a by‑law breach and may arrest and remove a person from the lands (16(1)–(3)). Detention must not exceed 24 hours (16(4)). Police may seize items connected with an alleged breach, including vehicles (16(5)). Courts may impose fines up to $5,000 and order compensation up to $250 for property damage (17).\n\n**Why it matters (practical effects)**\n\n- Who decides: The Council controls access for non‑members, decides where people may go and sets conditions for permission. It also exercises broad discretion in many areas and may delegate its authority in writing (3(1), 6(1)).\n\n- Who pays: Individuals who breach the by‑laws face fines (up to $5,000) and possible compensation orders (up to $250) if property is damaged (17(3)–(4)). There are also compliance costs for visitors required to obtain permission and follow conditions.\n\n- Behaviour changes required: Non‑members will generally need prior permission and must comply with time windows and administrative arrival procedures (5). All persons must follow traffic, waste, fire and noise rules and must not bring/consume alcohol or illegal drugs unless permitted (7, 9–10, 12–13, 15).\n\n- Interaction with state law and markets: The by‑laws cross‑refer to state legislation (for example Road Traffic Act 1974 for vehicle licensing and Bush Fires Act 1954 for fire rules) so compliance requires following both sets of rules (7(6), 10(3)). Restrictions on alcohol and controlled access may affect any small businesses on the lands (for example the association’s store) by limiting customers or alcohol sales if not permitted by the Council.\n\n**Implementation, discretion and risks**\n\n- Administrative burden: The Council must operate a permission system and signage and enforce conditions; this requires administrative capacity and consistent procedures (3, 5, 7(8)).\n\n- Discretion and transparency: The Council need only ‘‘consider the welfare of the community’’ and is not obliged to give reasons for decisions (2(1)–(2)), which concentrates decision‑making power locally and may create uncertainty for applicants. Delegations must be in writing (3(1)), which creates a formal channel for some decisions but does not require publication of delegation policies.\n\n- Enforcement capacity: The by‑laws rely on police for enforcement powers (16). Practical enforcement thus depends on police availability and interpretation of what constitutes a breach.\n\n**Key cross‑references**\n\n- The by‑laws operate alongside (and do not override) Western Australian law such as the Road Traffic Act 1974 and the Bush Fires Act 1954 (7(6), 10(3)).\n\n**Where to look in the text for specifics**\n\n- Access and membership: Intro, 4, 5\n- Delegation and permissions: 2–3\n- Driving and vehicle rules: 7\n- Drugs, alcohol and intoxication rules: 12–13\n- Police powers and penalties: 16–17\n\n"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as a community governance instrument under the Aboriginal Communities Act 1979. It covers standard community by-law matters (access control, alcohol, drugs, traffic, public order) without significant expansion beyond typical Aboriginal community by-law scope. The 2006 version replaced the 1991 by-laws but maintained similar coverage appropriate for community self-management."},"complexity_factors":["Short document: 17 by-laws covering discrete topics","Minimal defined terms: only 2 terms formally defined (harmful substance, illegal drug)","Plain English drafting: avoids traditional legal jargon and uses accessible language (e.g., \"you must not\" rather than \"a person shall not\")","Simple conditional structure: mostly straightforward prohibitions and permissions without nested exceptions","Limited cross-referencing: only references to the Aboriginal Communities Act 1979, Road Traffic Act 1974, and Bush Fires Act 1954","No complex administrative procedures or appeal mechanisms","Clear penalty structure: single maximum fine amount ($5,000) with optional compensation provision"],"plain_english_summary":"**What this is:** These are the local rules (by-laws) for Warmun Community (also known as Turkey Creek), an Aboriginal community in Western Australia. They were made in 2006 to replace older rules from 1991.\n\n**Who it affects:**\n- **Everyone** on Warmun community lands — whether you're a community member or just visiting\n- **Community members** — people who belong to Warmun Community (Turkey Creek) Inc. under its constitution, or who the Council recognises as members\n- **Non-members** — visitors, workers, or anyone else who wants to enter the community\n\n**What it does:**\n\n**Access and permission:**\n- Members can be on community lands anytime (unless police remove them)\n- Non-members need Council permission to enter, and can only apply during office hours (8am–12pm and 1pm–4pm, weekdays only)\n- The Council can declare certain areas \"out of bounds\" for some or all people\n\n**Behaviour rules:**\n- **Alcohol:** Banned completely unless you have Council permission. If you're drunk, you must go home and stay there\n- **Drugs:** Illegal drugs and harmful substances (like petrol or glue) are banned. If affected by them, you must stay home\n- **Driving:** No drink-driving, seatbelts required, helmets for motorbikes, valid licences needed, and obey community traffic signs\n- **Respect:** No entering others' homes without permission, no abusive language, no fighting, no weapons, no disrupting meetings\n- **Noise:** Quiet after 10pm Sunday–Thursday, after midnight Friday–Saturday, and before 7am\n\n**Property and environment:**\n- No damaging community or private property\n- No littering except in designated bins or tips\n- No fires in areas where the Council has banned them\n\n**Enforcement:**\n- Police can ask for your name and address, arrest you for breaking by-laws, and remove you from the lands\n- Maximum penalty: $5,000 fine\n- Courts can also order up to $250 compensation for property damage\n\n**Why it matters:** These by-laws give the Warmun Community Council legal tools to manage safety, health, and order on their lands. They operate alongside regular WA laws but add extra community-specific protections — particularly around alcohol control and who can enter the community. The rules recognise the Council's authority to make decisions based on \"the welfare of the community as the most important consideration.\""},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available. The page hosting the Warmun Community By-laws 2006 has been removed from the Western Australian legislation website, leaving no content to analyse."},"complexity_factors":["No legislative text was available for analysis — only a website error page was provided","Complexity cannot be meaningfully assessed without the actual content of the by-laws","Score of 1 reflects absence of content, not simplicity of the legislation itself"],"plain_english_summary":"The Warmun Community By-laws 2006 page is no longer available online, so the text couldn’t be reviewed. From the title, it would have been local, legally‑binding by‑laws for the Warmun (East Kimberley) community—likely covering noise, behaviour, access and local order—and would affect residents and visitors. For the authoritative text, contact the WA Parliamentary Counsel’s Office or search the current WA legislation database at legislation.wa.gov.au."}},"importantCases":[],"_links":{"self":"/api/acts/warmun-community-by-laws-2006","history":"/api/acts/warmun-community-by-laws-2006/history","analysis":"/api/acts/warmun-community-by-laws-2006/analysis","conflicts":"/api/acts/warmun-community-by-laws-2006/conflicts","importantCases":"/api/acts/warmun-community-by-laws-2006/important-cases","documents":"/api/acts/warmun-community-by-laws-2006/documents"}}