CITY OF BELMONT
———————————
STANDING ORDERS LOCAL
LAW 2017
18 July 2017 GOVERNMENT GAZETTE, WA 3993
LOCAL GOVERNMENT ACT 1995
CITY OF BELMONT
STANDING ORDERS LOCAL LAW 2017
ARRANGEMENT
PART 1—PRELIMINARY
1.1 Citation
1.2 Commencement
1.3 Purpose and effect
1.4 Interpretation
1.5 Repeal
PART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES
2.1 Establishment of committees
2.2 Committees to report
2.3 Observers at committee meetings
PART 3—CALLING AND CONVENING MEETINGS
3.1 Ordinary and special Council meetings
3.2 Convening Council meetings
3.3 Calling committee meetings
3.4 Failure to receive notice not to invalidate proceedings
PART 4—PRESIDING MEMBER AND QUORUM
4.1 Procedure where quorum not present during a meeting
4.2 Names to be recorded
PART 5—BUSINESS OF A MEETING
5.1 Business to be specified
5.2 Order of business
5.3 Motions of which previous notice has been given
5.4 New business of an urgent nature
5.5 Adoption by exception resolution
5.6 Announcements by the Presiding Member
PART 6—PUBLIC PARTICIPATION
6.1 Meetings not open to the public
6.2 Other procedures for question time for the public
6.3 Prevention of disturbance by the public
6.4 Withdrawal of offensive language by the public
6.5 Distinguished visitors
6.6 Deputations
6.7 Submissions
6.8 Petitions
6.9 Presentations
6.10 Participation at committee meetings
6.11 Recording of proceedings
PART 7—QUESTIONS
7.1 Questions on notice by Members
7.2 Questions without notice
7.3 Questions during debate
7.4 Restrictions on questions and answers
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PART 8—CONDUCT OF MEMBERS
8.1 Members to be in their proper places
8.2 Titles to be used
8.3 Advice of entry or departure
8.4 No conversing with public during meetings
8.5 Members to indicate their intention to speak
8.6 Priority of speaking
8.7 Presiding Member may take part in debates
8.8 Relevance
8.9 Speaking twice
8.10 Duration of speeches
8.11 No speaking after conclusion of debate
8.12 No interruption
8.13 Personal explanations
8.14 No re-opening of discussion
8.15 Adverse reflection
8.16 Withdrawal of offensive language
8.17 Recording of proceedings
8.18 Confidentiality of information withheld
PART 9—PRESERVING ORDER
9.1 Presiding Member to preserve order
9.2 Point of order
9.3 Procedures on a point of order
9.4 Calling attention to breach
9.5 Ruling by the Presiding Member
9.6 Continued breach of order
9.7 Right of Presiding Member to adjourn
PART 10—DEBATE OF SUBSTANTIVE MOTIONS
10.1 Motions to be stated and in writing
10.2 Motions to be supported
10.3 Unopposed business
10.4 Only one substantive motion at a time
10.5 Order of call in debate
10.6 Limit of debate
10.7 Member may require question to be read
10.8 Consent of seconder required for alteration
10.9 Order of amendments
10.10 Form of an amendment
10.11 Amendment must not negate original motion
10.12 Mover of motion may speak on amendment
10.13 Effect of an amendment
10.14 Withdrawal of motion or amendment
10.15 Right of reply
10.16 Foreshadowed Motion
PART 11—PROCEDURAL MOTIONS
11.1 Permissible procedural motions
11.2 No debate
11.3 Who may move
11.4 Procedural motions—right of reply on substantive motion
11.5 Meeting to proceed to the next item of business
11.6 Debate to be adjourned
11.7 Meeting be now adjourned
11.8 Question be now put
11.9 Member be no longer heard
11.10 Ruling of dissent against the Presiding Member
11.11 Item be referred back to Standing Committee or Briefing
PART 12—VOTING
12.1 Question—when put
12.2 Dividing Motions for voting
12.3 Method of taking vote
PART 13—MINUTES OF MEETINGS
13.1 Content of minutes
13.2 Confirmation of minutes
Section 1 - Standing Orders Local Law 2017 - Standing Orders Local Law 2017 | Zoe
18 July 2017 GOVERNMENT GAZETTE, WA 3995
PART 14—ADJOURNMENT OF MEETING
14.1 Meeting may be adjourned
14.2 Effect of adjournment
PART 15—MAKING, REVOKING OR CHANGING DECISIONS
15.1 Limitations on powers to revoke or change decisions
15.2 Implementing a decision
15.3 Revocation motion at the same meeting
15.4 Method of submitting motions to revoke or change
15.5 Method of Putting Motions
PART 16—SUSPENSION OF STANDING ORDERS
16.1 Suspension of Standing Orders
16.2 Where Standing Orders do not apply
PART 17—MEETINGS OF ELECTORS
17.1 Procedure for electors’ meetings
17.2 Participation of non-electors
PART 18—BRIEFINGS AND OTHER INFORMAL MEETINGS
18.1 Briefings and other informal meetings
PART 19—ENFORCEMENT
19.1 Penalty for breach
PART 20—COMMON SEAL
20.1 Custody of the common seal
20.2 Register
18 July 2017 GOVERNMENT GAZETTE, WA 3997
LOCAL GOVERNMENT ACT 1995
CITY OF BELMONT
STANDING ORDERS LOCAL LAW 2017
Under the powers conferred by the Local Government Act 1995 and under all other enabling powers,
the Council of the City of Belmont resolved on 27 June 2017 to make this local law.
PART 1—PRELIMINARY
1.1 Citation
(1) This local law may be cited as the City of Belmont Standing Orders Local Law 2017.
(2) In the sections that follow, this local law is referred to as “these Standing Orders”.
1.2 Commencement
These Standing Orders come into operation on the 14th day after the date of their publication in the
Government Gazette.
1.3 Purpose and effect
(1) The purpose of these Standing Orders is to provide the rules for the conduct of meetings of the
Council, the trustee, committees and electors.
(2) The effect of these Standing Orders is intended to result in—
(a) better decision-making at meetings;
(b) the orderly and efficient conduct of meetings; and
(c) greater community understanding of the business of the Council.
1.4 Interpretation
(1) In these Standing Orders—
75% majority in relation to a council, means a majority comprising enough of the members for
the time being of the council for their number to be at least 75% of the number of offices
(whether vacant or not) of member of the council;
absolute majority means—
(a) in relation to a council, means a majority comprising enough of the members for the time
being of the council for their number to be more than 50% of the number of offices
(whether vacant or not) of member of the council;
(b) in relation to any other body, means a majority comprising enough of the persons for the
time being constituting the body for their number to be more than 50% of the number of
offices (whether vacant or not) on the body;
Act means the Local Government Act 1995;
CEO means the Chief Executive Officer of the local government;
committee means a committee of the Council established under section 5.8 of the Act;
Council means the Council of the local government;
Deputation means a presentation by a person or group to the Council in accordance with
section 6.6;
District means an area of the State that is declared to be a district under section 2.1 on the Act;
elector in relation to a district or ward, means a person who is eligible to be enrolled to vote at
elections for the district or ward as defined under section 1.4 of the Act;
local government means the City of Belmont;
Mayor means the Mayor of the local government;
meeting means a meeting of the Council or the trustee or a committee or electors in accordance
with the Act, as the context requires;
Member means a member of Council or a committee, as the case may be;
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Presiding Member means—
(a) in respect of the Council, the person presiding under section 5.6 of the Act;
(b) in respect of a committee, the person presiding under sections 5.12, 5.13, and 5.14 of the
Act; and
(c) in respect of an electors’ meeting, the person presiding under section 5.30 of the Act;
Regulations mean the Local Government (Administration) Regulations 1996;
simple majority means more than 50% of the members present and voting;
submission means a submission made to the Council in accordance with section 6.7;
substantive motion means an original motion or an original motion as amended, but does not
include an amendment or a procedural motion;
trustee means the Council, when acting as trustee of the trust land; and
trust land means the land referred to in the Belmont Park Road Board Declaration of Trust
dated 25th day of May 1954, situated at 160 Stoneham Street and 154 Great Eastern
Highway, Ascot, and managed under the powers of the Trustees Act 1962.
(2) Unless otherwise defined, the terms used in this local law have the meaning given to them in the
Act and Regulations.
1.5 Repeal
The City of Belmont Standing Orders Local Law 2012, published in the Government Gazette on
21 December 2012, and the City of Belmont Standing Orders Amendment Local Law 2014, published
in the Government Gazette on 8 April 2014 are repealed.
PART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES
2.1 Establishment of committees
(1) These Standing Orders are to apply to the conduct of committee meetings.
(2) A Council resolution to establish a committee under section 5.8 of the Act is to include—
(a) the terms of reference of the committee;
(b) the number of Council Members, employees and other persons to be appointed to the
committee;
(c) the names or titles of the Council Members and employees to be appointed to the committee;
(d) the names of other persons to be appointed to the committee or an explanation of the
procedure to be followed to determine the appointments; and
(e) details of the delegation of any powers or duties to the committee under section 5.16 of the
Act.
2.2 Committees to report
A committee—
(a) is answerable to the Council; and
(b) is to report on its activities when, and to the extent, required by the Council.
2.3 Observers at committee meetings
(1) For the purposes of this section, an observer is a Member attending a meeting of a committee, of
which they are not a committee member.
(2) A Member may attend, as an observer, any meeting of a committee.
(3) Without the consent of the Presiding Member, no observer is to address a committee meeting.
(4) An observer addressing the committee with the consent of the Presiding Member must cease that
address immediately after being directed to do so by the Presiding Member.
(5) An observer who fails to comply with a direction of the Presiding Member under subsection (4)
may by order of the Presiding Member be removed from the meeting room.
PART 3—CALLING AND CONVENING MEETINGS
3.1 Ordinary and special Council meetings
(1) An ordinary meeting of the Council, held on a monthly basis or otherwise as determined by the
Council, is for the purpose of considering and dealing with the ordinary business of the Council.
(2) A special meeting of the Council is held for the purpose of considering and dealing with Council
business that is urgent, complex in nature, for a particular purpose or confidential.
3.2 Convening Council meetings
(1) Subject to subsection (2), the CEO is to give at least 72 hours’ notice, for the purposes of section 5.5
of the Act, in convening a special meeting of the Council.
(2) Where, in the opinion of the Mayor or at least one–third of the Members, there is a need to meet
urgently, the CEO may give a lesser period of notice of a special Council meeting.
3.3 Calling committee meetings
The CEO is to call a committee meeting when requested by the Mayor, the Presiding Member of a
committee or any 2 Members of that committee.
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3.4 Failure to receive notice not to invalidate proceedings
The validity of a meeting shall not be affected by—
(a) the failure of any Member to receive a notice convening the meeting; or
(b) an error contained in the notice of the meeting;
provided that all reasonable steps have been taken to prepare the notice accurately and give the
notice to all Members.
PART 4—PRESIDING MEMBER AND QUORUM
4.1 Procedure where quorum not present during a meeting
If at any time during a meeting a quorum is not present, the Presiding Member is—
(a) immediately to suspend the proceedings of the meeting for a period of up to 15 minutes; and
(b) if a quorum is not present at the expiry of that period, the Presiding Member is to adjourn the
meeting to some future time or date.
4.2 Names to be recorded
At any meeting—
(a) at which there is not a quorum present; or
(b) which is adjourned for want of a quorum,
the names of the Members then present are to be recorded in the minutes.
PART 5—BUSINESS OF A MEETING
5.1 Business to be specified
(1) No business is to be transacted at any meeting other than that specified in the agenda, without
the approval of the Presiding Member or the Council.
(2) No business is to be transacted at a special meeting of the Council other than that given in the
notice as the purpose of the meeting.
(3) No business is to be transacted at a committee meeting other than that specified in the agenda or
given in the notice as the purpose of the meeting, without the approval of the Presiding Member or a
decision of the committee.
(4) Subject to subsection (5), no business is to be transacted at an adjourned meeting of the Council
other than that—
(a) specified in the notice of the meeting which had been adjourned; and
(b) which remains unresolved.
(5) Where a meeting is adjourned to the next ordinary meeting of the Council then, unless the Council
resolves otherwise, the business unresolved at the adjourned meeting is to be dealt with before
considering reports at that ordinary meeting.
5.2 Order of business
(1) Unless otherwise decided by the Presiding Member, the order of business at any ordinary meeting
of the Council is to be as set out in the agenda of the meeting.
(2) Unless otherwise decided by the Presiding Member, the order of business at any special meeting of
the Council is to be as set out in the agenda of the meeting.
(3) In determining the order of business for any meeting of the Council, the provisions of the Act and
Regulations relating to the time at which public question time is to be held are to be observed.
5.3 Motions of which previous notice has been given
(1) Unless the Act, Regulations or these Standing Orders otherwise provide, a Member may raise at a
meeting such business as he or she considers appropriate, in the form of a motion, 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 subsection (1) is to be given at least 10 clear working days before the
meeting at which the motion is to be moved.
(3) A motion of which notice is given is to be accompanied by reason and relate to the good
government of the district.
(4) The CEO—
(a) with the concurrence of the Mayor, may exclude from the agenda paper any notice of
motion—
(i) that does not comply with subsection (3);
(ii) deemed to be, or likely to involve, a breach of any of these Standing Orders or any other
written law;
(iii) that is in the same terms or to the same effect of a previous notice of motion placed
before the Council within the preceding 6 months; or
(iv) that would in a procedural manner be best dealt with in the first instance by Council at
a meeting as described in Part 18 of these Standing Orders;
(b) may make such amendments to the form but not the substance as will bring the notice of
motion into due form;
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(c) may provide to the Council relevant and material facts and circumstances pertaining to the
notice of motion on such matters as policy, budget and law; and
(d) on each occasion that a notice of motion has been excluded from the agenda, shall inform
Members of that fact and the reasons for the exclusion.
(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 agrees to defer consideration of the motion to a later stage or date.
(6) If a notice of motion is given and lapses under subsection (5)(a), or is lost, a notice of motion in the
same terms or to the same effect is not to be given again for at least 6 months from the date of such
lapse or loss.
(7) Where a notice of motion is excluded from the agenda paper as provided in subsection (4), (a), (i),
(iii), or (iv) a Member with the approval of the Presiding Member may move and the Council may
resolve to have the excluded notice of motion included in the agenda paper at the next ordinary
meeting of the Council.
5.4 New business of an urgent nature
(1) In cases of extreme urgency or other special circumstances, matters may, on a motion by the
Presiding Member that is carried by the meeting, be raised without notice and decided by the
meeting.
(2) In subsection (1), “cases of extreme urgency or other special circumstances” means matters that
have arisen after the preparation of the agenda that are considered by the Presiding Member to be of
such importance and urgency that they are unable to be dealt with administratively by the local
government and must be considered and dealt with by the Council before the next meeting.
5.5 Adoption by exception resolution
(1) In this section, “adoption by exception resolution” means a resolution of the Council that has the
effect of adopting, for a number of specifically identified reports, the employee recommendation as the
Council resolution, and adoption “en bloc” has a corresponding meaning.
(2) Subject to subsection (3), the local government may pass an adoption by exception resolution.
(3) An adoption by exception resolution may not be used for a matter—
(a) that requires a 75% majority or a special majority;
(b) in which a financial interest has been disclosed;
(c) that has been the subject of a petition or of a deputation at that meeting;
(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.
5.6 Announcements by the Presiding Member
At any meeting of the Council or a committee, the Presiding Member may announce or raise any
matter of interest or relevance to the business of the Council or committee.
PART 6—PUBLIC PARTICIPATION
6.1 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 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 subsection (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 employee specified by the Presiding Member; and
(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
otherwise.
(4) A person who fails to comply with a direction under subsection (3) may, by order of the Presiding
Member, be removed from the meeting.
(5) A resolution under this section may be made without notice.
(6) Unless the Council resolves otherwise, once the meeting is reopened 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 made available to the public including a vote of a Member to be included in the minutes.
(7) Where a matter before a meeting deals with a question arising out of mediation at the State
Administrative Tribunal or in any other jurisdiction or in any other circumstances where there is an
obligation for the Council to deal with a matter confidentially, the matter is not to be dealt with at
that meeting or otherwise until the Council has resolved under section 5.23(2) of the Act to close the
relevant part of the meeting to the public.
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6.2 Other procedures for question time for the public
(1) A member of the public who wishes to ask a question during question time is to—
(a) first state his or her name and address;
(b) direct the question to the Presiding Member;
(c) ask the question as briefly and concisely as possible;
(d) limit any preamble to matters directly relevant to the question;
(e) ensure that the question is not accompanied by any argument, expression of opinion,
statement of fact or other comment, except insofar as it may be necessary to explain the
question; and
(f) where possible provide a written copy of the question prior to question time.
(2) Each member of the public with a question is entitled to ask up to 2 questions before other
members of the public will be invited to ask their questions.
(3) A member of the public is to have up to 2 minutes to ask his or her question or questions.
(4) A member of the public may give written prior notice to the CEO of the text or substance of the
question that he or she wishes to ask at a meeting.
(5) Unless the Presiding Member determines otherwise, a question of which prior written notice has
been given to the CEO is to be given priority in question time.
(6) Where a member of the public gives written notice of a question, the Presiding Member may
determine that the question is to be responded to as normal business correspondence.
(7) A question may be taken on notice by the Council for later response.
(8) When a question is taken on notice, the CEO is to ensure that—
(a) a written response is given to the person who asked the question; and
(b) a summary of the response is included in the agenda of the next meeting of the Council.
(9) Where a question relating to a matter in which a person has an interest is directed to that person,
that person is to—
(a) declare that he or she has an interest in the matter; and
(b) allow another person to respond to the question.
(10) The Presiding Member may decide that a question is not to be responded to where—
(a) the same or similar question was asked at a previous meeting, a response was provided and
the member of the public is directed to the minutes of the meeting at which the response was
provided;
(b) it is in the form of a statement, provided that the Presiding Member has taken all reasonable
steps to assist the member of the public to rephrase the statement as a question; or
(c) the question is offensive or defamatory in nature, or is one, which, if asked by a Member,
would be in breach of these Standing Orders or any other law.
(11) The Council, by resolution, may agree to extend public question time.
(12) Where an answer to a question is given at a meeting, a summary of the question and the answer
is to be included in the minutes.
(13) Where a question is not provided in writing council minutes will only reflect a precis of what the
Presiding Member understands the question to be.
6.3 Prevention of disturbance by the public
(1) A reference in this section to a “person” is to a person other than a Member.
(2) A person addressing the Council or committee must extend due courtesy and respect to the
Council or committee and the processes under which it operates and must comply with any direction
by the Presiding Member.
(3) A person observing a meeting must not create a disturbance at a meeting, by interrupting or
interfering with the proceedings, whether by expressing approval or dissent, by conversing aloud or
by any other means.
(4) A person must ensure that his or her mobile telephone or other electronic device is switched off
and not used during any meeting.
(5) A person must not behave in a manner that is contrary to section 75 of The Criminal Code.
(6) If a Member or the CEO specifically requests, immediately after their use, that any particular
words used by a person be recorded, the Presiding Member is to cause the words used to be taken
down and read to the meeting for verification and to then be recorded in a file note of the meeting,
unless the Presiding Member in any case decides otherwise.
(7) The Presiding Member may direct a person to refrain from conduct that is creating a disturbance
and that person must comply with the direction.
(8) If a person fails to comply with a direction of the Presiding Member, the Presiding Member may
direct that person to immediately leave the meeting room. If a person fails immediately to leave the
meeting room after being directed to do so by the Presiding Member or continues to create a
disturbance outside the meeting room, the Presiding Member may order the person to be removed
from the premises.
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(9) If a person ordered by the Presiding Member to be removed from the premises cannot be removed
without the application of physical force—
(a) a member of the Police Force may be called to the meeting to effect the removal of the person,
the meeting may be adjourned until the person has been removed and the person removed is
prohibited from joining the reconvened meeting; or
(b) the Presiding Member may adjourn the meeting for a period of up to one hour.
6.4 Withdrawal of offensive language by the public
(1) A reference in this section to a “person” is to a person other than a Member.
(2) A person who, in the opinion of the Presiding Member, uses an expression which—
(a) reflects adversely on the character or actions of a Member or employee;
(b) imputes any motive to a Member or employee; or
(c) is offensive or objectionable,
must, when directed by the Presiding Member, withdraw the expression and make an apology that, in
the opinion of the Presiding Member, is satisfactory.
(3) If a person fails to comply with a direction of the Presiding Member under subsection (2), the
Presiding Member may refuse to hear the person further on the matter then under discussion and call
on the next speaker.
6.5 Distinguished visitors
If a distinguished visitor is present at a meeting of the Council, the Presiding Member may
acknowledge the presence of the distinguished visitor at an appropriate time during the meeting, and
the presence of that visitor is to be recorded in the minutes.
6.6 Deputations
(1) A person or group directly affected by a matter on the agenda paper and wishing to be received as
a deputation by the Council is to either–
(a) apply, before the meeting, to the CEO for approval; or
(b) with the approval of the Presiding Member, at the meeting, address the Council.
(2) The CEO may–
(a) approve the request and invite the deputation to attend a meeting of the Council; or
(b) refer the request to the Council to decide by simple majority whether or not to receive the
deputation.
(3) Unless the Council resolves otherwise, a deputation invited to attend a Council meeting—
(a) is not to exceed 5 persons, only 2 of whom may address the Council, although others may
respond to specific questions from Members; and
(b) is not to address the Council for a period exceeding 15 minutes with discussion and questions
included.
(4) Unless the Council resolves otherwise, for the purpose of determining who may address the
Council on an issue, all those people in favour and all those are deemed in either case to comprise a
single deputation.
(5) A matter, which is the subject of a deputation to the Council, is not to be decided by the Council
until the deputation has completed its presentation.
(6) Interaction between the Members and the deputation is permitted with the permission of the
Presiding Member.
6.7 Submissions
(1) A person directly affected by a matter on the agenda paper and wishing to make a submission to
the Council is to—
(a) apply, before the meeting, to the CEO for approval; or
(b) with the approval of the Presiding Member, at the meeting, address the Council.
(2) The CEO may—
(a) approve the request and invite the person wishing to make a submission to attend a meeting
of the Council; or
(b) refer the request to the Council to decide by simple majority whether or not to receive the
submission.
(3) Unless the Council resolves otherwise, a person invited to make a submission must not address
the Council for a period exceeding 3 minutes without the agreement of the Council.
(4) A matter, which is the subject of a submission to the Council, is not to be decided by the Council
until all submissions relating to that matter have been completed.
(5) With the exception of the Presiding Member, there is to be no interaction between a Member and
the person making the submission.
6.8 Petitions
(1) A petition is to—
(a) be addressed to the Mayor;
(b) be made by electors of the district;
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(c) state the request on each page of the petition;
(d) contain the name, address and signature of each elector making the request, and the date
each elector signed;
(e) contain a summary of the reasons for the request; and
(f) state the name of the person to whom, and an address at which, notice to the petitioners can
be given.
(2) Upon receiving a petition, the local government is to submit the petition to the relevant employee
to be included in his or her deliberations and report on the matter that is the subject of the petition,
subject to subsection (3).
(3) At any meeting, the Council is not to vote on any matter that is the subject of a petition presented
to that meeting, unless—
(a) the matter is the subject of a report included in the agenda; and
(b) the Council has considered the issues raised in the petition.
6.9 Presentations
(1) In this section, reference to a “presentation” means the acceptance of a gift, grant or an award by
the Council on behalf of the local government or the community.
(2) A presentation may be made to the Council at a meeting only with the prior approval of the CEO.
6.10 Participation at committee meetings
(1) In this section a reference to a “person” is to a person who—
(a) is entitled to attend a committee meeting;
(b) attends a committee meeting; and
(c) is not a Member.
(2) Without the consent of the Presiding Member, no person is to address a committee meeting.
(3) The Presiding Member of a committee may allow a person to make an oral submission to the
committee for up to 3 minutes, and that time is not to be exceeded without the permission of the
committee.
(4) A person addressing the committee with the consent of the Presiding Member is to cease that
address immediately after being directed to do so by the Presiding Member.
(5) A person who fails to comply with a direction of the Presiding Member under subsection (4) may,
by order of the Presiding Member, be removed from the committee room.
6.11 Recording of proceedings
(1) A person must not use any electronic, visual or audio recording device or instrument to record the
proceedings of the Council without the permission of the Presiding Member or by a decision of the
Council.
(2) If the Presiding Member or Council gives permission under subsection (1), the Presiding Member
is to advise the meeting, immediately before the recording is commenced, that such permission has
been given and the nature and extent of that permission.
PART 7—QUESTIONS
7.1 Questions on notice by Members
(1) A question on notice is to be given by a Member in writing to the CEO at least 24 hours before the
meeting at which it is to be asked.
(2) If the CEO determines that a question referred to in subsection (1) is in order, the answer is to be
included in the minutes of the meeting.
(3) Except with the consent of the Presiding Member or by a decision of the meeting, there is to be no
discussion about a question on notice or its answer.
7.2 Questions without notice
(1) Questions without notice must be of a nature pertinent to the good government of persons in the
district and of such importance that there is an immediate need that it be asked and not able to be
considered through the normal communication methods available to Members.
(2) The Presiding Member shall rule by allowing or rejecting questions without notice to comply with
subsection (1).
(3) A Member who wishes to seek general information from an employee present at a Council meeting
may, without notice and with the consent of the Presiding Member—
(a) ask a question of that employee whilst demonstrating compliance with subsection (1); and
(b) with the consent of the Presiding Member, ask one or more further questions of that
employee or another employee present at the meeting.
(4) Where possible, the appropriate employee is to answer each question to the best of his or her
knowledge and ability but, if the information is unavailable or requires research or investigation, the
employee may ask—
(a) that the question be placed on notice for the next meeting of the Council; or
(b) for leave for the answer to the question be given to the Member who asked it, within 7 days.
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7.3 Questions during debate
At any time during the debate on a motion before the motion is put, a Member may ask a question
and, with the consent of the Presiding Member, may ask one or more further questions.
7.4 Restrictions on questions and answers
(1) Any questions asked by a Member pursuant to section 7.3, and any answer to such a question is—
(a) to be submitted as briefly and concisely as possible;
(b) to be phrased courteously and temperately;
(c) to relate to the good government of the local government; and
(d) not to be accompanied by—
(i) any argument expression of opinion, or statement of fact, except to the extent provided
in subsection (ii);
(ii) any statement except so far as the Presiding Member accepts as being necessary to
explain the question or answer; or
(iii) any discussion or further question, except with the consent of the Presiding Member.
(2) In answering any question, a Member or an employee may qualify his or her answer and may at a
later time in the meeting or at a later meeting alter, correct, add to or otherwise amend his or her
original answer.
PART 8—CONDUCT OF MEMBERS
8.1 Members to be in their proper places
(1) At the first meeting held after each election day, the CEO, in consultation with the Mayor, is to
allot a position at the Council table to each Member.
(2) Each Member is to occupy his or her allotted position at each Council meeting.
8.2 Titles to be used
A speaker, when referring to the Mayor, deputy Mayor or Presiding Member, or a Member or
employee, is to use the title of that person’s office.
8.3 Advice of entry or departure
During the course of a meeting, a Member is not to enter or leave the meeting without first indicating
to the person responsible for taking minutes, in order to facilitate the recording in the minutes of the
time of entry or departure.
8.4 No conversing with the public during meetings
A Member must not converse or otherwise communicate with any member of the public in the public
gallery during a Council meeting without the consent of the Presiding Member.
8.5 Members to indicate their intention to speak
(1) A Member who wishes to speak is to indicate his or her intention to speak by raising his or her
hand or by another method agreed by the Council.
(2) Unless otherwise directed by the Presiding Member, all persons at meetings are to address their
comments to the Presiding Member.
8.6 Priority of speaking
(1) Where two or more Members indicate, at the same time, their intention to speak, the Presiding
Member is to decide which Member is entitled to be heard first.
(2) A decision of the Presiding Member under subsection (1) is not open to discussion or dissent.
(3) A Member is to cease speaking immediately after being asked to do so by the Presiding Member.
8.7 Presiding Member may take part in debates
The Presiding Member may take part in a discussion of any matter before the meeting, subject to
compliance with these Standing Orders.
8.8 Relevance
(1) A Member is to restrict his or her remarks to the motion or amendment under discussion, or to a
personal explanation or point of order.
(2) The Presiding Member, at any time, may call the attention of the meeting to—
(a) any irrelevant, repetitious, offensive or insulting language by a Member; or
(b) any breach of order or decorum by a Member.
(3) If a Member who is the subject of a call to attention under subsection (2) on three occasions while
the Member is speaking, on the third occasion the Presiding Member may direct the Member to
discontinue his or her speech.
(4) A Member is to comply with the direction of the Presiding Member under subsection (3) by
immediately ceasing to speak.
(5) A Member directed by the Presiding Member under subsection (3) to cease speaking is not to
speak again on the matter then under consideration without the leave of the Presiding Member, and
then only to the extent permitted by the Presiding Member.
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8.9 Speaking twice
A Member is not to address the meeting more than once on any motion or amendment except—
(a) as the mover of a substantive motion, to exercise a right of reply;
(b) to raise a point of order;
(c) to make a personal explanation; or
(d) to speak to an amendment having already spoken to the substantive motion.
8.10 Duration of speeches
(1) A Member is not to speak on any matter for more than 5 minutes without the consent of the
meeting, which, if given, is to be given without debate.
(2) An extension under this section cannot be given to allow a Member’s total speaking time to exceed
10 minutes.
8.11 No speaking after conclusion of debate
A Member is not to speak on any motion or amendment—
(a) after the mover has replied; or
(b) after the motion or amendment has been put to the vote.
8.12 No interruption
(1) A Member is not to create a disturbance, converse aloud or interrupt another Member who is
speaking unless—
(a) to raise a point of order;
(b) to call attention to the absence of a quorum;
(c) to make a personal explanation under section 8.13; or
(d) to move a procedural motion that the Member be no longer heard (see section 11.1(e)).
(2) The Presiding Member may direct a Member to refrain from creating a disturbance, conversing
aloud or interrupting another Member who is speaking.
(3) If a Member fails to comply with a direction from the Presiding Member, the Presiding Member
may adjourn the meeting for a period of up to 15 minutes.
(4) If a meeting is adjourned under this section, the provisions of section 14.2 apply.
8.13 Personal explanations
(1) A Member who wishes to make a personal explanation relating to a matter referred to by another
Member who is then speaking is to indicate to the Presiding Member his or her intention to make a
personal explanation.
(2) The Presiding Member is to determine whether the personal explanation is to be heard
immediately or at the conclusion of the speech by the other Member.
(3) A Member making a personal explanation is to confine his or her observations to a succinct
statement relating to a specific part of the speech at which he or she may have been misunderstood.
(4) When making a personal explanation, a Member is not—
(a) to refer to matters unnecessary for that purpose;
(b) to seek to strengthen their former argument by introducing a new matter; or
(c) to reply to another Member.
8.14 No re-opening of discussion
A Member is not to re-open discussion on any decision at a meeting, except to move that the decision
be revoked or changed (see Part 15).
8.15 Adverse reflection
(1) A Member is not to reflect adversely on a decision of the Council or a committee except on a motion
that the decision be revoked or changed (see Part 15).
(2) A Member is not—
(a) to reflect adversely on the character or actions of another Member or employee; or
(b) to impute any motive to a Member or employee,
unless the meeting resolves, without debate, that the question then before the meeting cannot
otherwise be adequately considered.
(3) A Member is not to use offensive or objectionable expressions in reference to any Member,
employee or other person.
(4) If a Member specifically requests, immediately after their use, that any particular words used by a
Member be recorded in the minutes—
(a) the Presiding Member is to cause the words used and any action arising from the application
of section 8.16 to be taken down and read to the meeting for verification; and
(b) the meeting may, by resolution, decide to record those words in the minutes.
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8.16 Withdrawal of offensive language
(1) A Member who, in the opinion of the Presiding Member, uses an expression which—
(a) in the absence of a resolution under section 8.15—
(i) reflects adversely on the character or actions of another Member or employee; or
(ii) imputes any motive to a Member or employee; or
(b) is offensive or objectionable,
must, when directed by the Presiding Member, withdraw the expression and make a satisfactory
apology.
(2) If a Member fails to comply with a direction of the Presiding Member under subsection (1), the
Presiding Member may refuse to hear the Member further on the matter then under discussion and
call on the next speaker.
(3) If the Presiding Member under subsection (2) refuses to hear a Member further on a matter, the
Member shall not speak further on that matter without the leave of the Presiding Member, and then
only to the extent permitted by the Presiding Member, and then only consistently with the provisions
of these Standing Orders.
8.17 Recording of proceedings
(1) A Member is not to use any electronic, visual or audio recording device or instrument to record the
proceedings of the Council without the permission of the Presiding Member.
(2) If the Presiding Member gives permission under subsection (1), the Presiding Member is to advise
the meeting, immediately before the recording has commenced, that such permission has been given,
and the nature and extent of that permission.
8.18 Confidentiality of information withheld
(1) Information withheld by the CEO from the public under regulation 14(2) of the Regulations is to
be—
(a) identified in the agenda of a Council meeting under the item “Matters for which meeting may
be closed”;
(b) marked “Confidential” in the agenda; and
(c) kept confidential by employees and Members until the Council resolves otherwise.
(2) A Member or an employee who has—
(a) confidential information under subsection (1); or
(b) information that is provided or disclosed for the purposes of or during a meeting, or part of a
meeting, that is closed to the public, must not disclose any of that information to any person
other than another Member or employee to the extent necessary for the purpose of carrying
out his or her duties.
(3) Subsection (2) does not prevent a Member or employee from disclosing information—
(a) at a closed meeting;
(b) to the extent specified by the meeting and subject to such other conditions as the meeting
determines;
(c) that is already in the public domain;
(d) to an officer of the Department;
(e) to the Minister;
(f) to a legal practitioner for the purpose of obtaining legal advice; or
(g) if the disclosure is required or permitted by law.
PART 9—PRESERVING ORDER
9.1 Presiding Member to preserve order
(1) The Presiding Member is to preserve order, and, whenever he or she considers necessary, may call
any Member to order.
(2) When the Presiding Member speaks during a debate, any Member then speaking, or indicating
that he or she wishes to speak, is to preserve strict silence so that the Presiding Member may be
heard without interruption.
(3) Subsection (2) is not to be used by the Presiding Member to exercise the right provided in
section 8.7, but to preserve order.
(4) When the Presiding Member rises during the course of a meeting, a Member or any other person
who is then speaking or indicating an intention to speak, is immediately to cease speaking.
(5) When the Presiding Member rises during a meeting, each Member and each other person present
is to preserve strict silence so that the Presiding Member may be heard without interruption.
9.2 Point of order
(1) A Member may object, by way of a point of order, only to a breach of—
(a) any of these Standing Orders; or
(b) any other written law.
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(2) A Member raising a point of order must specify the grounds of the breach of order before speaking
further on the matter.
(3) A Member rising to express a difference of opinion or to contradict a speaker is not to be
recognised as raising a point of order.
(4) Examples of valid points of order are—
(a) a speaker’s remarks not being relevant to the motion or amendment being debated (see
section 8.8);
(b) a speaker’s use of offence of objectionable expressions or adverse reflection on a decision of
the Council (see section 8.15);
(c) the discussion is of a matter not before the meeting.
(5) Despite anything in these Standing Orders to the contrary, a point of order—
(a) takes precedence over any discussion; and
(b) until determined, suspends the consideration or discussion of any other matter.
9.3 Procedures on a point of order
(1) A Member who is addressing the Presiding Member is not to be interrupted except on a point of
order.
(2) A Member interrupted on a point of order is to cease speaking until—
(a) the Member raising the point of order has been heard; and
(b) the Presiding Member has ruled on the point of order,
and, if permitted, the Member who has been interrupted may then proceed.
9.4 Calling attention to breach
A Member may, at any time, draw the attention of the Presiding Member to any breach of these
Standing Orders.
9.5 Ruling by the Presiding Member
(1) The Presiding Member is to rule on any point of order which is raised by either upholding or
rejecting the point of order.
(2) A ruling by the Presiding Member on a point of order—
(a) is not to be the subject of debate or comment; and
(b) is to be final unless the majority of Members then present and voting, on a motion moved
immediately after the ruling, dissent from the ruling.
(3) Subject to a motion of dissent being carried under subsection (2), if the Presiding Member rules
that—
(a) any motion, amendment or other matter before the meeting is out of order, it is not to be
considered further; and
(b) a statement made or act done by a Member is out of order, the Presiding Member may require
the Member to make an explanation, retraction or apology and the Member shall thereupon
comply with that requirement.
9.6 Continued breach of order
If a Member—
(a) persists in any conduct that the Presiding Member had ruled is out of order; or
(b) refuses to make an explanation, retraction or apology required by the Presiding Member
under section 9.5(3),
the Presiding Member may direct the Member to refrain from taking any further part in the debate of
the item, other than by voting, and the Member is to comply with that direction and is not to speak
further without the leave of the Presiding Member, and then only to the extent permitted by the
Presiding Member.
9.7 Right of Presiding Member to adjourn
(1) For the purpose of preserving or regaining order, the Presiding Member may adjourn the meeting
for a period of up to 15 minutes.
(2) On resumption, the debate is to continue at the point at which the meeting was adjourned.
(3) If, at any one meeting, the Presiding Member adjourns the meeting more than once for the
purpose of preserving or regaining order, the second or subsequent adjournment may be to a later
time on the same day or to another day.
PART 10—DEBATE OF SUBSTANTIVE MOTIONS
10.1 Motions to be stated and in writing
A Member who wishes to move a substantive motion or an amendment to a substantive motion—
(a) is to state the substance and reason of the motion before speaking to it; and
(b) if required by the Presiding Member, is to put the motion or amendment in writing.
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10.2 Motions to be supported
(1) A substantive motion or an amendment to a substantive motion is not open to debate until it has
been seconded.
(2) A motion to revoke or change a decision made at a Council meeting is not open to debate unless
the motion has the support required under regulation 10 of the Regulations.
10.3 Unopposed business
(1) Immediately after a substantive motion has been moved and seconded, the Presiding Member may
ask the meeting if any Member opposes it.
(2) If no Member opposes the motion, the Presiding Member may declare it carried without debate
and without taking a vote.
(3) A motion declared carried under this section is to be recorded in the minutes as a unanimous
decision of the meeting.
(4) If a Member opposes a motion, the motion is to be dealt with under Part 10.
(5) This section does not apply to a motion to revoke or change a decision which has been made at a
meeting (see Part 15).
10.4 Only one substantive motion at a time
(1) When a substantive motion is under debate at a meeting, no further substantive motion is to be
accepted.
(2) The meeting is not to consider more than one substantive motion at any time.
10.5 Order of call in debate
The Presiding Member is to call speakers to a substantive motion in the following order—
(a) the mover to state the motion;
(b) a seconder to second the motion;
(c) the mover to speak to the motion;
(d) the seconder to speak to the motion;
(e) a speaker against the motion;
(f) a speaker for the motion;
(g) other speakers against and for the motion, alternating where possible; and
(h) the mover takes right of reply which closes debate.
10.6 Limit of debate
The Presiding Member may offer the right of reply and put a substantive motion to the vote if he or
she believes that sufficient discussion has taken place even though not all Members may have spoken.
10.7 Member may require question to be read
A Member may require the question or matter under discussion to be read at any time during a
debate, but not so as to interrupt any other Member who is speaking.
10.8 Consent of seconder required for alteration
The mover of a substantive motion may not alter the wording of the motion without the consent of the
seconder.
10.9 Order of amendments
Any number of amendments may be proposed to a substantive motion, but when an amendment is
moved to a substantive motion, no second or subsequent amendment is to be moved or considered
until the first amendment has been withdrawn, carried or lost.
10.10 Form of an amendment
An amendment must add, delete, or substitute words to the substantive motion.
10.11 Amendment must not negate original motion
An amendment to a substantive motion must be relevant to and cannot negate the original motion or
the intent of the original motion.
10.12 Mover of motion may speak on amendment
Any Member may speak during debate on an amendment.
10.13 Effect of an amendment
If an amendment to a substantive motion is carried, the motion as amended then becomes the
substantive motion, on which any Member may speak and any further amendment may be moved.
10.14 Withdrawal of motion or amendment
(1) Subject to subsection (2), the Council may, without debate, grant leave to withdraw a motion or
amendment on the request of the mover of the motion or amendment and with the approval of the
seconder.
(2) Where an amendment has been proposed to a substantive motion, the substantive motion is not to
be withdrawn, except by consent of the majority of Members present, until the amendment proposed
has been withdrawn, carried or lost.
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10.15 Right of reply
(1) The mover of a substantive motion has the right of reply.
(2) The mover of any amendment to a substantive motion does not have a right of reply.
(3) The right of the reply may only be exercised—
(a) where no amendment is moved to the substantive motion, at the conclusion of the discussion
on the motion; or
(b) where one or more amendments have been moved to the substantive motion, after any
amendment has been withdrawn, carried or lost, and at the conclusion of the discussion on
the substantive motion or the substantive motion as amended.
(4) After the mover of the substantive motion has commenced the reply—
(a) no other Member is to speak on the question;
(b) there is to be no further discussion on, or any further amendment to, the motion.
(5) The right of the reply is to be confined to rebutting arguments raised by previous speakers and no
new matter is to be introduced.
(6) At the conclusion of the right of reply, the substantive motion, or the substantive motion as
amended, is immediately to be put to the vote.
10.16 Foreshadowed Motion
(1) In speaking upon a motion, a member—
(a) may give notice to the meeting of the member’s intention to move a different motion on the
same subject matter, being a motion which cannot practically be moved by an amendment to
the motion under consideration; and
(b) shall provide to the Presiding Member the terms of the foreshadowed motion.
(2) If two or more members pursuant to subsection (1) foreshadow motions on the same subject, then
the Presiding Member shall take note of the order in which the foreshadowed motions are raised and
the terms of each foreshadowed motion.
(3) If the substantive motion under consideration is lost, then the foreshadowed motion is to be
brought forward forthwith. The foreshadowed motions shall be considered by the Council in
succession, until one of the motions is passed, whereupon there shall be no further consideration of
any other foreshadowed motion on that subject.
PART 11—PROCEDURAL MOTIONS
11.1 Permissible procedural motions
In addition to the right to move an amendment to a substantive motion (under Part 10), a Member
may move the following procedural motions—
(a) that the meeting proceed to the next item of business;
(b) that the debate be adjourned;
(c) that the meeting be now adjourned;
(d) that the question be now put;
(e) that the Member be no longer heard;
(f) that the ruling of the Presiding Member be disagreed with;
(g) Item be referred back to Standing Committee or Briefing;
(h) that the meeting be closed to the public (see section 6.1).
11.2 No debate
(1) The mover of a motion specified in paragraph (a), (b), (c), (f), (g) or (h) of section 11.1 may speak to
the motion for not more than 5 minutes, the seconder is not to speak other than to formally second the
motion, and there is to be no debate on the motion.
(2) The mover of a motion specified in paragraph (d) or (e) of section 11.1 may not speak to the motion,
the seconder is not to speak other than to formally second the motion, and there is to be no debate on
the motion.
(3) There is to be no amendment to a procedural motion.
11.3 Who may move
No person who has moved, seconded, or spoken for or against the substantive motion, or any
amendment to the substantive motion, may move any procedural motion which, if carried, would close
the debate on the substantive motion or amendment.
11.4 Procedural motions—right of reply on substantive motion
The carrying of a procedural motion which closes debate on a substantive motion or amendment and
forces a decision on the substantive motion or amendment does not deny the right of reply to the
mover of the substantive motion.
11.5 Meeting to proceed to the next item of business
The motion “that the meeting proceed to the next item of business”, if carried, has the effect that—
(a) the debate on the substantive motion or amendment ceases immediately;
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(b) no decision is made on the substantive motion;
(c) the Council moves to the next item of business; and
(d) there is no requirement for the matter to be raised again for consideration.
11.6 Debate to be adjourned
A motion “that the debate be adjourned”—
(a) is to state the time to which the debate is to be adjourned; and
(b) if carried, has the effect that all debate on the substantive motion or amendment ceases
immediately, but continues at the time stated in the motion.
11.7 Meeting be now adjourned
(1) A Member is not to move or second more than one motion for adjournment of the meeting during
the same sitting of the Council.
(2) Before putting the motion for the adjournment of the meeting, the Presiding Member may seek
leave of the Council to deal first with matters that may be the subject of an adoption by exception
resolution (see section 5.5).
(3) A motion “that the meeting be now adjourned”—
(a) is to state the time and date to which the meeting is to be adjourned; and
(b) if carried, has the effect that the meeting is adjourned to the time and date specified in the
motion.
(4) A meeting adjourned under subsection (3) is to continue from the point at which it was adjourned,
unless the Presiding Member or the Council determines otherwise.
11.8 Question be now put
(1) If the motion “that the question be now put”, is carried during debate on a substantive motion, the
Presiding Member is to offer the right of reply and then put the motion to the vote without further
debate.
(2) If the motion “that the question be now put” is carried during discussion of an amendment, the
Presiding Member is to put the amendment to the vote without further debate.
(3) This motion, if lost, causes debate to continue.
11.9 Member be no longer heard
If the motion “that the Member be no longer heard”, is carried, the speaker against whom the motion
has been moved cannot speak further on the current substantive motion, or any amendment relating
to it, except to exercise the right of reply if he or she is the mover of the substantive motion.
11.10 Ruling of dissent against the Presiding Member
If the motion “that the ruling of the Presiding Member be disagreed with”, is carried, that ruling is to
have no effect and the meeting is to proceed accordingly.
11.11 Item be referred back to Standing Committee or Briefing
(1) If a motion “that the item be referred back to a Standing Committee or Briefing” is carried, debate
on the substantive motion and any amendment is to cease and the substantive motion, including any
amendment, is to be referred back to the appropriate committee or briefing for further consideration.
(2) A Briefing in this section is that as described in Part 18 of these Standing Orders.
(3) If the motion in subsection (1) is lost, debate on the substantive motion or amendment is to
continue.
PART 12—VOTING
12.1 Question—when put
(1) Immediately after the debate on any question is concluded and the right of reply has been
exercised, the Presiding Member—
(a) is to put the question to the meeting; and
(b) if requested by any Member, is to again state the terms of the question.
(2) A Member is not to leave the meeting when the Presiding Member is putting any question.
12.2 Dividing Motions for voting
Where a report to Council contains more than one motion, the Presiding Member may put the
motions individually, in groups or as one.
12.3 Method of taking vote
(1) In taking the vote on any motion or amendment, the Presiding Member—
(a) is to put the question, taking votes first in the affirmative, and then in the negative;
(b) may put the question in this way as often as may be necessary to enable him or her to
determine whether the affirmative or the negative has the majority of votes;
(c) is to count and determine the votes of Members in any way (such as electronically or by a
show of hands) that enables a record to be taken of each Member’s vote; and
(d) subject to this section, is to declare the result.
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(2) The CEO is to ensure that the minutes record—
(a) the name of each Member who voted; and
(b) whether he or she voted in the affirmative or negative.
PART 13—MINUTES OF MEETINGS
13.1 Content of minutes
In addition to the matters required by regulation 11 of the Regulations, the minutes of a Council
meeting are to include, where an application for approval is refused or the authorisation of a licence,
permit or certificate is withheld or cancelled, the reasons for the decision.
13.2 Confirmation of minutes
(1) When minutes of an ordinary meeting of the Council are distributed to the Council for
consideration prior to their confirmation at the next meeting, if a Member is dissatisfied with the
accuracy of the minutes, he or she should where possible provide to the local government a written
copy of the alternative wording to amend the minutes no later than 7 clear working days before the
next ordinary meeting of the Council.
(2) At the next ordinary meeting of the Council the Member who provided the alternative wording, at
the time for confirmation of minutes is—
(a) to state the item or items with which he or she is dissatisfied; and
(b) to propose a motion clearly outlining the alternative wording to amend the minutes.
(3) Council Members must not discuss items of business contained in the minutes, other than
discussion as to their accuracy as a record of the proceedings.
PART 14—ADJOURNMENT OF MEETING
14.1 Meeting may be adjourned
The Council may adjourn any meeting—
(a) to a later time on the same day; or
(b) to any other time on any other day.
14.2 Effect of adjournment
Where any matter, motion, debate or meeting is adjourned under these Standing Orders—
(a) the names of Members who have spoken on the matter prior to the adjournment are to be
recorded in the minutes;
(b) debate is to be resumed at the next meeting at the point where it was interrupted unless the
Presiding Member or the Council determines otherwise; and
(c) the provisions of section 8.10 apply when the debate is resumed.
PART 15—MAKING, REVOKING OR CHANGING DECISIONS
15.1 Limitations on powers to revoke or change decisions
The Council or a committee is not to consider a motion to revoke or change a decision—
(a) where, at the time the motion is moved or notice is given, any action has been taken under
section 15.2 to implement the decision; or
(b) where the decision is procedural in its form or effect.
15.2 Implementing a decision
(1) In this Part—
authorisation means a licence, permit, approval or other means of authorising a person to do
anything;
implement, in relation to a decision, includes—
(i) communicate notice of the decision to a person affected by, or with an interest in, the
decision; and
(ii) take any other action to give effect to the decision; and
valid notice of revocation motion means a notice of a motion to revoke or change a decision
that complies with the requirements of the Act, Regulations and these Standing Orders and
may be considered, but has not yet been considered, by the Council or a committee as the case
may be.
(2) Applicants and the public should be made aware that a decision made at a Council meeting
regarding any application for authorisation should not be relied upon as effective until formal
notification in writing has been received by the applicant.
(3) Subject to subsection (5), and unless a resolution is made under subsection (4), a decision made at
a meeting is not to be implemented by the CEO or any employee until the afternoon of the first
business day after the commencement of the meeting at which the decision was made.
(4) The Council or a committee exercising a relevant delegated power may, by resolution carried at
the same meeting at which a decision was made, direct the CEO or another person to take immediate
action to implement the decision.
4012 GOVERNMENT GAZETTE, WA 18 July 2017
(5) A decision made at a meeting is not to be implemented by the CEO or any employee—
(a) if, before commencing any implementation action, the CEO or that person is given a valid
notice of revocation motion; and
(b) unless and until the valid notice of revocation motion has been determined by the Council or
the committee as the case may be.
(6) The CEO is to ensure that members of the public attending the meeting are informed, by an
appropriate notice, that a decision to grant an authorisation—
(a) is to take effect only in accordance with this section; and
(b) cannot be acted upon by the person who has been granted the authorisation unless and until
the decision has been implemented in accordance with this section.
15.3 Revocation motion at the same meeting
(1) If the CEO receives a valid notice of motion, to revoke a decision made at a meeting before the
close of that meeting, then the CEO is immediately to advise the Presiding Member of the notice of
motion.
(2) Where the Presiding Member is advised of a notice of motion under subsection (1) he or she at the
first available opportunity and before the end of the meeting is to—
(a) advise the meeting of the notice;
(b) bring on the revocation motion;
(c) determine whether there is sufficient support (under Regulation 10) for the motion; and
(d) deal with the motion, if there is sufficient support.
15.4 Method of submitting motions to revoke or change
A Member wishing to move a valid notice of revocation motion at a meeting must give to the CEO
notice of the revocation, which is to—
(a) be in writing;
(b) specify the decision proposed to be revoked or changed;
(c) include a reason or reasons for the revocation motion;
(d) be signed by the number of Members required by law to support the motion to revoke or
change the decision referred to on the revocation motion;
15.5 Method of Putting Motions
If a decision of the Council or a committee is unclear or in doubt, the Presiding Member is to put the
motion or amendment as often as necessary to determine the votes of Members in any way (such as
electronically or by a show of hands).
PART 16—SUSPENSION OF STANDING ORDERS
16.1 Suspension of Standing Orders
(1) A Member may, at any time, move that the operation of one or more of the provisions of these
Standing Orders be suspended.
(2) A Member moving a motion under subsection (1) is to state the reasons for the motion, but no
other discussion is to take place.
(3) A motion under subsection (1) which is—
(a) seconded; and
(b) carried by an absolute majority,
is to suspend the operation of the section or sections to which the motion relates for the duration of
the meeting, unless the meeting earlier resolves otherwise.
16.2 Where Standing Orders do not apply
(1) In situations where—
(a) these Standing Orders have been suspended; or
(b) a matter is not regulated by the Act, the Regulations or these Standing Orders,
the Presiding Member is to decide questions relating to the conduct of the meeting.
(2) The decision of the Presiding Member under subsection (1) is final, except where a motion of
dissent is moved and carried under section 11.10.
PART 17—MEETINGS OF ELECTORS
17.1 Procedure for electors’ meetings
In exercising his or her discretion to determine the procedure to be followed at an electors’ meeting,
the Presiding Member is to have regard to these Standing Orders.
17.2 Participation of non-electors
A person who is not an elector of the local government must not take part in any discussion at an
electors’ meeting unless the meeting, by resolution, permits the person to do so.
18 July 2017 GOVERNMENT GAZETTE, WA 4013
PART 18—BRIEFINGS AND OTHER INFORMAL MEETINGS
18.1 Briefings and other informal meetings
(1) The Council may conduct briefings, workshops and other informal meetings.
(2) Where the Council proposes to conduct a briefing, workshop or any other informal meeting, the
CEO is to—
(a) advise all Members of the time and date of the meeting; and
(b) ensure that notes of the meeting are kept.
(3) A formal motion is not to be moved or a resolution passed at any meeting other than an ordinary
or special meeting of the Council or a committee or an electors’ meeting.
(4) Section 18.1(3) does not apply to a motion and resolution for the meeting to go behind closed doors.
(5) The Council is not to meet, except at;
(a) a Council or committee meeting; or
(b) a briefing, workshop or informal meeting under this section.
PART 19—ENFORCEMENT
19.1 Penalty for breach
A person who commits an offence under this local law is liable to a penalty of $1000 and where the
offence is of a continuing nature, to a daily penalty of $500 in respect of each day or part of day during
which the offence has continued.
Penalty—$1,000, and a daily penalty of $500
PART 20—COMMON SEAL
20.1 Custody of the common seal
The CEO is to have charge of the common seal of the local government, and is responsible for the safe
custody and proper use of it.
20.2 Register
The CEO is to maintain a register that is to record, in respect of each occasion when the common seal
is affixed to a document—
(a) the date that the common seal was affixed;
(b) the nature of the document; and
(c) the parties described in the document.
————
The common seal of the City of Belmont was affixed by the authority of the Council in the presence
of—
STUART COLE, Chief Executive Officer.
PHIL MARKS, Mayor.
Date: 30 June 2017.
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