662GOVERNMENT GAZETTE, WA 23 March 2020

662 GOVERNMENT GAZETTE, WA 23 March 2020 (b) Announcements by the presiding person without discussion (c) Attendances, apologies and applications for leave of absence (d) Declarations of interest (e) Presentations or deputations (f) Statements by members of the public on agenda items (g) Questions from members of the public (h) Petitions (i) Confirmation of minutes (j) Business deferred from previous meeting (k) External committee reports/updates (l) Reports (m) Motions of which previous notice has been given (n) Announcements of notices of motion for the next meeting (o) Urgent business (p) Confidential business (q) Closure. (2) The items of business to be dealt with at an Ordinary Meeting of a Committee are— (a) Declaration of opening; announcement of visitors; acknowledgement of country (b) Announcements by the presiding person without discussion (c) Attendances, apologies and applications for leave of absence (d) Declarations of interest (e) Presentations or deputations (f) Public question time and statement by members of the public (g) Confirmation of minutes (h) Business deferred from previous meeting (i) Reports (j) Motions of which previous notice has been given (k) Announcements of notices of motion for the next meeting (l) Confidential business (m) Closure. (3) The order of business at any Special Meeting of Council or of a Committee shall be in the order in which it appears in the agenda. 5.3 Motions of which previous notice has been given (1) Unless the Act, Regulations or this Local Law otherwise provide, a member may raise at a meeting— (a) such business as he or she considers appropriate; (b) in the form of a motion; (c) of which notice has been given in writing to the CEO and which has been included on the agenda. (2) A notice of motion under subclause (1) is to be given at least ten (10) clear working days before the meeting at which the motion is moved. (3) A notice of motion is to relate to the good governance of the Local Government. (4) The CEO— (a) may, with the concurrence of the mayor, exclude from the notice paper any notice of motion deemed to be, or likely to involve, a breach of this Local Law or any other written law; (b) will inform members on each occasion that a notice has been excluded and the reasons for that exclusion; (c) may, after consultation with the member where this is practicable, make such amendments to the form, but not the substance, as will bring the notice of motion into due form; and (d) provide an officer report to accompany the notice of motion that has relevant and material facts and circumstances pertaining to the notice of motion on such matters as strategic direction within the Council’s adopted Strategic Plan, policy, budget and law. (5) A motion of which notice has been given is to lapse unless— (a) the member who gave notice of it, or some other member authorised by the originating member in writing, moves the motion when called on; or (b) the Council on a motion determines to defer consideration of the motion to a later stage or date. (6) If a notice of motion is given and lost under subclause (5), a notice of a motion in substantially the same terms or of substantially the same effect is not to be given again for at least three months from the date of such lapse.

23 March 2020 GOVERNMENT GAZETTE, WA 663 5.4 Adoption by En Bloc Voting (1) In this clause adoption by en bloc voting means a resolution of the Council that has the effect of adopting, for a number of specifically identified reports, the officer recommendation as the Council resolution. (2) Subject to subclause (3), Council may pass an adoption by en bloc voting. (3) An adoption by en bloc voting may not be used for a matter— (a) that requires a 75% majority or a special majority; (b) in which an interest has been disclosed; (c) that has been the subject of a petition or deputation; (d) that is a matter on which a member wishes to make a statement; or (e) that is a matter on which a member wishes to move a motion that is different to the recommendation. 5.5 Urgent business (1) In accordance with clause 5.2(1)(o) a member may move a motion to consider an item of urgent business that is not included in the agenda for that meeting provided that— (a) the presiding member has first consented to the urgent business being raised; (b) the presiding member considers that either— (i) the urgency of the business cannot wait for inclusion in the agenda for the next Ordinary Meeting of Council; or (ii) the delay caused by referring the business to the next Ordinary Meeting of Council may have adverse legal, reputational or financial implications for the local government; and (iii) other than a motion to revoke a decision, the item of urgent business is presented in the form of a report generated by an officer or the CEO, a copy of which is to be provided to members prior to the commencement of the meeting. (2) Where Council agrees to consider such item of urgent business, then it is to be dealt with in accordance with the order of business at clause 5.2(1)(o). (3) In this clause, urgent business includes— (a) matters that have arisen after the preparation of the agenda; and (b) that are considered by the Presiding Officer, or the CEO, or a member moving a motion referred in clause 5.3, to be of such urgency that the matters cannot be dealt with administratively by the Local Government, and must be considered and dealt with by Council before the next meeting. PART 6—PUBLIC PARTICIPATION 6.1 Meetings generally open to the public Meetings being generally open to the public is dealt with in the Act. 6.2 Meetings not open to the public (1) The CEO may, at any time, recommend that a meeting or part of a meeting be closed to members of the public. (2) The Council or a committee, in one (1) or more of the circumstances dealt with in the Act, may at any time by resolution, decide to close a meeting or part of a meeting. (3) If a resolution under subclause (2) is carried— (a) the presiding member is to direct everyone to leave the meeting except— (i) the members; (ii) the CEO; and (iii) any officer or other person specified by the presiding member. (b) the meeting is to be closed to the public until, at the conclusion of the matter justifying the closure of the meeting to the public, the Council or the committee, by resolution, decides (4) A person who fails to comply with a direction under subclause (3)(a) may, by order of the presiding member, be removed from the meeting. (5) While the resolution under subclause (2) remains in force, the operation of clause 7.9 (speaking twice) is to be suspended unless the Council or the committee, by resolution, decides otherwise. (6) A resolution under subclause (5) may be made without notice. (7) Unless the Council resolves otherwise, once the meeting is re-opened to members of the public, the presiding member is to ensure that any resolution of the Council, made while the meeting was closed, is to be read out, including a vote of a Member to be included in the minutes. 6.3 Question time for the public Question time for the public is dealt with in the Act. 6.4 Question time for the public at certain meetings Question time for the public at certain meetings is dealt with in the Regulations.