CITY OF BUSSELTON
———————————
STANDING ORDERS LOCAL
LAW 2018
4 April 2018 GOVERNMENT GAZETTE, WA 1183
LOCAL GOVERNMENT ACT 1995
CITY OF BUSSELTON
STANDING ORDERS LOCAL LAW 2018
ARRANGEMENT
PART 1—PRELIMINARY
1.1 Short title
1.2 Commencement
1.3 Application and intent
1.4 Terms used
1.5 Repeal
PART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES
2.1 Establishment of committees
2.2 Types of committees
2.3 Delegation of some powers and duties to certain committees
2.4 Limits on delegation of powers and duties to certain committees
2.5 Appointment of committee members
2.6 Tenure of committee membership
2.7 Appointment of deputies
2.8 Resignation of committee members
2.9 Register of delegations to committees
2.10 Committees to report
PART 3—CALLING AND CONVENING MEETINGS
3.1 Ordinary and special Council meetings
3.2 Calling Council meetings
3.3 Convening Council meetings
3.4 Calling committee meetings
3.5 Public notice of meetings
PART 4—PRESIDING MEMBER AND QUORUM
Division 1—Presiding member
4.1 Who presides
4.2 When the Deputy Mayor can act
4.3 Who acts if no Mayor or Deputy Mayor
4.4 Election of presiding members of committees
4.5 Election of deputy presiding members of committees
4.6 Functions of deputy presiding members
4.7 Who acts if no presiding member
Division 2—Quorum
4.8 Quorum for meetings
4.9 Reduction of quorum for Council meetings
4.10 Reduction of quorum for committee meetings
4.11 Procedure where no quorum to begin a meeting
4.12 Procedure where quorum not present during a meeting
4.13 Names to be recorded
4.14 Adjourned meeting procedures
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PART 5—BUSINESS OF A MEETING
5.1 Business to be specified
5.2 Order of business
5.3 Announcements without discussion
5.4 Grant of leave of absence
5.5 Leave of absence
5.6 Questions on notice
5.7 Items brought forward for the convenience of those in the public gallery
5.8 Motions of which previous notice has been given
5.9 Urgent business
5.10 Adoption by exception resolution
PART 6—PUBLIC PARTICIPATION
6.1 Meetings generally open to the public
6.2 Meetings not open to the public
6.3 Question time for the public
6.4 Question time for the public at certain meetings
6.5 Minimum question time for the public
6.6 Procedures for question time for the public
6.7 Other procedures for question time for the public
6.8 Distinguished visitors
6.9 Petitions
6.10 Presentations by parties with an interest
6.11 Deputations
6.12 Participation at committee meetings
6.13 Confidentiality of information withheld
6.14 Recording of proceedings
6.15 Prevention of disturbance
PART 7—QUESTIONS DURING DEBATE
7.1 Questions during debate
PART 8—CONDUCT OF MEMBERS
8.1 Members to be in their proper places at Council meetings
8.2 Respect to the presiding member
8.3 Titles to be used
8.4 Entering or leaving a meeting
8.5 Members to indicate their intention to speak
8.6 Members to rise
8.7 Priority of speaking
8.8 Presiding member may take part in debates
8.9 Relevance
8.10 Speaking twice
8.11 Duration of speeches
8.12 No speaking after conclusion of debate
8.13 No interruption
8.14 Personal explanations
8.15 No reopening of discussion
8.16 Adverse reflection
8.17 Withdrawal of offensive language
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 Ruling by the presiding member
9.5 Continued breach of order
9.6 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 Complex motions
10.6 Order of call in debate
10.7 Member may require motion or amendment to be read
10.8 Consent of seconder required for alteration
10.9 Number and order of amendments
Section 1 - Standing Orders Local Law 2018 - Standing Orders Local Law 2018 | Zoe
4 April 2018 GOVERNMENT GAZETTE, WA 1185
10.10 When amendment may be moved
10.11 Form of an amendment
10.12 Amendment must not negate original motion
10.13 Relevance of amendments
10.14 Mover of motion may speak on amendment
10.15 Effect of an amendment
10.16 Withdrawal of motion or amendment
10.17 Right of reply
10.18 Foreshadowing alternative motions
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 Item to be referred or adjourned
11.6 Meeting now adjourn
11.7 Motion to be put
11.8 Member to be no longer heard
11.9 Ruling of the presiding member to be disagreed with
PART 12—DISCLOSURE OF INTERESTS
12.1 Disclosure of interests
12.2 Separation of committee recommendations
PART 13—VOTING
13.1 Motion—when put
13.2 Voting
13.3 Majorities required for decisions
13.4 Method of taking vote
PART 14—MINUTES OF MEETINGS
14.1 Keeping of minutes
14.2 Content of minutes
14.3 Public inspection of unconfirmed minutes
14.4 Confirmation of minutes
PART 15—REVOKING OR CHANGING DECISIONS
15.1 Requirements to revoke or change decisions
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 Electors’ general meetings
17.2 Matters for discussion at electors’ general meetings
17.3 Electors’ special meetings
17.4 Requests for electors’ special meetings
17.5 Convening electors’ meetings
17.6 Who presides at electors’ meetings
17.7 Procedure for electors’ meetings
17.8 Participation of non-electors
17.9 Voting at electors’ meetings
17.10 Minutes of electors’ meetings
17.11 Decisions made at electors’ meetings
PART 18—ENFORCEMENT
18.1 Penalty for breach
18.2 Who can prosecute
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LOCAL GOVERNMENT ACT 1995
CITY OF BUSSELTON
STANDING ORDERS LOCAL LAW 2018
Under the powers conferred on it by the Local Government Act 1995 and under all other relevant
powers, the Council of the City of Busselton resolved on 14 March 2018 to make this local law.
PART 1—PRELIMINARY
1.1 Short title
This local law is the City of Busselton Standing Orders Local Law 2018.
1.2 Commencement
This local law will come into operation 14 days after the day on which it is published in the
Government Gazette.
1.3 Application and intent
(1) This local law provides rules and guidelines which apply to the conduct of meetings of the Council
and its committees and to meetings of electors.
(2) All meetings are to be conducted in accordance with the Act, the Administration Regulations and
this local law.
(3) This local law is intended to result in—
(a) better decision-making by the Council and committees;
(b) the orderly conduct of meetings dealing with Council business;
(c) better understanding of the process of conducting meetings; and
(d) the more efficient and effective use of time at meetings.
1.4 Terms used
In this local law unless the context otherwise requires—
75% majority has the meaning given to it in the Act;
absolute majority has the meaning given to it in the Act;
Administration Regulations means the Local Government (Administration) Regulations 1996;
Act means the Local Government Act 1995;
CEO means the Chief Executive Officer of the City;
City means the City of Busselton;
Code of Conduct means the City’s code of conduct, applying to members and employees, as in
force from time to time;
committee means a committee of the Council established under section 5.8 of the Act;
Council means the council of the City;
Deputy Mayor means the deputy mayor of the City;
employee means an employee of the City;
Mayor means the mayor of the City;
meeting means a meeting of the Council or a committee, as the context requires;
member means—
(a) in relation to the Council, an elected member of the City;
(b) in relation to a committee, a member of that committee;
Minister means the Minister responsible for administering the Act;
presiding member means—
(a) in respect of the Council, the person presiding under section 5.6 of the Act; and
(b) in respect of a committee, the person presiding under sections 5.12, 5.13, and 5.14 of the
Act;
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Rules of Conduct Regulations means the Local Government (Rules of Conduct)
Regulations 2007;
simple majority means more than 50% of the members present and voting;
special majority has the meaning given to it in the Act;
substantive motion means an original motion or an original motion as amended, but does not
include an amendment or a procedural motion; and
these standing orders means the provisions of this local law.
1.5 Repeal
The Shire of Busselton Standing Orders Local Law 2010, published in the Government Gazette on
9 May 2011, is repealed.
PART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES
2.1 Establishment of committees
(1) The establishment of committees is dealt with in the Act.
(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) either—
(i) the names or titles of the members, employees and any other persons to be appointed to
the committee; or
(ii) the number of members, officers and any other persons to be appointed to the
committee and a provision that they be appointed under a separate resolution; and
(c) details of the delegation of any powers or duties to the committee under section 5.16 of the
Act.
2.2 Types of committees
The types of committees are dealt with in the Act.
2.3 Delegation of some powers and duties to certain committees
The delegation of some powers and duties to certain committees is dealt with in the Act.
2.4 Limits on delegation of powers and duties to certain committees
The limits on the delegation of powers and duties to certain committees are dealt with in the Act.
2.5 Appointment of committee members
The appointment of committee members is dealt with in the Act.
2.6 Tenure of committee membership
Tenure of committee membership is dealt with in the Act.
2.7 Appointment of deputies
The appointment of a person to be a deputy of a member of a committee is dealt with in the Act.
2.8 Resignation of committee members
The resignation of committee members is dealt with in the Administration Regulations.
2.9 Register of delegations to committees
The register of delegations to committees is dealt with in the Act.
2.10 Committees to report
A committee—
(a) is answerable to the Council;
(b) is to report on its activities when, and to the extent, required by the Council; and
(c) is to prepare and submit to the Council reports containing recommendations.
PART 3—CALLING AND CONVENING MEETINGS
3.1 Ordinary and special Council meetings
(1) Ordinary and special Council meetings are dealt with in the Act.
(2) An ordinary meeting of the Council is for the purpose of considering and dealing with the ordinary
business of the Council.
(3) A special meeting of the Council may be 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 Calling Council meetings
The calling of Council meetings is dealt with in the Act.
3.3 Convening Council meetings
(1) The convening of a Council meeting is dealt with in the Act.
4 April 2018 GOVERNMENT GAZETTE, WA 1189
(2) Subject to subclause (3), 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.
(3) 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.
3.4 Calling committee meetings
A meeting of a committee is to be held—
(a) if called for in a verbal or written request to the CEO by the Mayor or the presiding member
of the committee, advising the date and purpose of the proposed meeting;
(b) if called for by at least one-third of the members of the committee in a notice to the CEO,
setting out the date and purpose of the proposed meeting; or
(c) in accordance with a decision of the Council or the committee.
3.5 Public notice of meetings
Public notice of meetings is dealt with in the Administration Regulations.
PART 4—PRESIDING MEMBER AND QUORUM
Division 1—Presiding member
4.1 Who presides
Who presides at a Council meeting is dealt with in the Act.
4.2 When the Deputy Mayor can act
When the Deputy Mayor can act is dealt with in the Act.
4.3 Who acts if no Mayor or Deputy Mayor
Who acts if there is no Mayor or Deputy Mayor is dealt with in the Act.
4.4 Election of presiding members of committees
The election of presiding members of committees is dealt with in the Act.
4.5 Election of deputy presiding members of committees
The election of deputy presiding members of committees is dealt with in the Act.
4.6 Functions of deputy presiding members
The functions of deputy presiding members are dealt with in the Act.
4.7 Who acts if no presiding member
Who acts if no presiding member is dealt with in the Act.
Division 2—Quorum
4.8 Quorum for meetings
The quorum for meetings is dealt with in the Act.
4.9 Reduction of quorum for Council meetings
The power of the Minister to reduce the number for a quorum and certain majorities is dealt with in
the Act.
4.10 Reduction of quorum for committee meetings
The reduction of a quorum for committee meetings is dealt with in the Act.
4.11 Procedure where no quorum to begin a meeting
The procedure where there is no quorum to begin a meeting is dealt with in the Administration
Regulations.
4.12 Procedure where quorum not present during a meeting
If, at any time during a meeting, a quorum is not present—
(a) the presiding member is immediately to suspend the proceedings of the meeting for a period
of up to 15 minutes;
(b) if a quorum is not present at the expiry of the suspension period under paragraph (a), the
presiding member may either adjourn the meeting to some future time or date or may extend
the extension period for a further period of up to 30 minutes; and
(c) if a quorum is not present at the expiry of the extended period of suspension under paragraph
(b), the presiding member is to adjourn the meeting to a later time on the same day or to
another day.
4.13 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.
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4.14 Adjourned meeting procedures
Where a meeting is adjourned for want of a quorum—
(a) the names of members who have spoken on a matter that was interrupted by the
adjournment are to be recorded in the minutes and clause 8.10 applies when the debate on
the matter is resumed; and
(b) the resumed meeting is to continue from the point at which it was adjourned, unless the
presiding member or the meeting determines otherwise.
PART 5—BUSINESS OF A MEETING
5.1 Business to be specified
(1) With the exception of urgent business under clause 5.9, no business is to be transacted at any
ordinary meeting of the Council other than that specified in the agenda.
(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
in the notice of the meeting as the purpose of the meeting, without the approval of the presiding
member or a decision of the committee.
(4) Where a Council 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) Where a committee meeting is adjourned to the next ordinary committee meeting, the business
unresolved at the meeting that is adjourned is to be given precedence at that ordinary meeting.
(6) Where a Council or committee meeting is adjourned to a meeting not described in subclause (4)
or (5), no business is to be transacted at that later meeting other than that—
(a) specified in the notice of the meeting that is adjourned; and
(b) which remains unresolved.
5.2 Order of business
(1) Unless otherwise decided by the presiding member or the Council, the order of business at any
ordinary meeting of the Council is to be as follows—
Declaration of opening/Acknowledgement of Country/Acknowledgement of visitors/Disclaimer
Attendance
2.1 Apologies
2.2 Approved leave of absence
Prayer
Applications for leave of absence
Disclosure of interests
Announcements by the presiding member (without discussion)
Question time for public
7.1 Response to previous questions taken on notice
7.2 Question time for public
Confirmation of minutes
Receiving of petitions, presentations and deputations
9.1 Petitions
9.2 Presentations
9.3 Deputations
Questions by members of which due notice has been given (without discussion)
Items brought forward for the convenience of those in the public gallery
Reports of committee meetings
Reports
Motions of which previous notice has been given
Urgent business
Confidential matters
Closure
(2) Unless otherwise decided by the presiding member or the members present, the order of business
at any special meeting of the Council or at a committee meeting is to be the order in which that
business stands in the notice of, or agenda for, the meeting.
(3) Despite subclauses (1) and (2), the CEO may include on the agenda of a Council or committee
meeting in an appropriate place within the order of business any matter which must be decided, or
which he or she considers is appropriate to be decided, by that meeting.
5.3 Announcements without discussion
Announcements made by the presiding member at a Council meeting are—
(a) to inform the Council of matters of importance to the Council;
(b) to be brief and concise; and
(c) not to be the subject of any discussion, unless the Council resolves otherwise.
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5.4 Grant of leave of absence
The grant of leave of absence is dealt with in the Act.
5.5 Leave of absence
(1) A member seeking the Council’s approval to take leave of absence must give written notice to the
CEO prior to the commencement of the meeting.
(2) The notice referred to in subclause (1) must include the period of leave of absence required and the
reasons for seeking the leave.
5.6 Questions on notice
(1) A member who wishes to ask a question at a meeting of the Council on a matter that is not
included in the agenda for that meeting is to give written notice of the specific question to the CEO at
least three clear working days before the meeting of the Council.
(2) The CEO may, after consultation with the member where this is practicable, and with the
concurrence of the Mayor, make such amendments to the question so as to clarify the intent of the
question and bring the question into due form.
(3) If the question referred to in subclause (1) relates to a matter within the responsibility of the
Council, and is respectful and temperate in its language, it must be tabled at the meeting at item 10
of the order of business as outlined in clause 5.2(1) and the answer is, as far as practicable, to be
provided at that meeting of the Council.
(4) Every question and answer is to be submitted as briefly and concisely as possible, and no
discussion on the question or answer is permitted.
5.7 Items brought forward for the convenience of those in the public gallery
Any items on the agenda which are either the subject of a question by members of the public, or
where requested by others in attendance, may, with the consent of the presiding member, be brought
forward to item 11 of the order of business.
5.8 Motions of which previous notice has been given
(1) Unless the Act, Administration Regulations or this local law 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 subclause (1) is to be given at least 10 clear days before the meeting at
which the motion is moved.
(3) A notice of motion is to be accompanied by supporting reasons, must relate to the good government
of the district and must be within the lawful responsibilities of the Council.
(4) The CEO—
(a) with the concurrence of the Mayor, may exclude from the agenda any notice of motion deemed
to be, or likely to involve, a breach of any of these standing orders or any other written law;
(b) is to inform members on each occasion that a notice has been excluded and the reasons for
that exclusion; and
(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.
(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 and the motion is seconded; or
(b) the Council or the committee 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 lost, notice of a motion in the same terms or to the same effect
must not be given again for at least 3 months from the date of such loss, unless supported by an
absolute majority of members in writing.
5.9 Urgent business
(1) 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 business being raised;
(b) the presiding member considers that either—
(i) the urgency of the business is such that the business cannot await inclusion in the
agenda for the next meeting of the Council; or
(ii) the delay in referring the business to the next meeting of the Council could have
adverse legal, reputational or financial implications for the local government; and
(c) other than a motion to revoke a decision, the item of urgent business is presented in the form
of a report generated by an employee, a copy of which is to be provided to members prior to
the commencement of the meeting.
(2) Where the Council agrees to consider such item of urgent business, then it is to be dealt with at
item 15 of the order of business as outlined in clause 5.2(1).
5.10 Adoption by exception resolution
(1) In this clause adoption by exception resolution means a resolution of the Council that has the
effect of adopting, for a number of specifically identified reports, the committee or employee
recommendation as the Council resolution.
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(2) The Council 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 an interest has been disclosed;
(c) that is a matter on which a member wishes to ask a question;
(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.
(4) A member who wishes to ask a question or make a statement in relation to a matter that would
otherwise be within an adoption by exception motion should, as far as practicable, notify the CEO by
3pm on the day before the meeting.
(5) A member who wishes to move a motion that is different to the recommendation in a matter that
would otherwise be within an adoption by exception resolution should, as far as practicable, give
notice of the motion that—
(a) is in writing;
(b) identifies the matter and gives the reason or reasons for the motion; and
(c) is given to the CEO by 3pm on the day before the meeting.
(6) Where a member intends to move a motion referred to in sub-clause (5), the CEO must be given an
opportunity to provide advice to the Council prior to consideration of the motion, in accordance with
section 5.41 (b) of the Local Government Act.
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 or more of the circumstances dealt with in the Act, may at any
time, by resolution, decide to close to members of the public 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) any employee of the City unless specified in a resolution; and
(iii) any other person specified in a resolution; 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 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 8.10 is to be
suspended unless the Council or the committee, by resolution, decides otherwise.
(6) A resolution under this clause may be made without notice of the relevant motion.
(7) Once the meeting is reopened to members of the public, the presiding member is to ensure that, if
any member of the public returns to the meeting, any resolution made while the meeting was closed is
to be read out or summarised, including the details of any voting recorded.
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 Administration Regulations.
6.5 Minimum question time for the public
Minimum question time for the public is dealt with in the Administration Regulations.
6.6 Procedures for question time for the public
Procedures for question time for the public are dealt with in the Administration Regulations.
6.7 Other procedures for question time for the public
(1) A member of the public who wishes to ask a question during question time must first state his or
her name and address.
(2) A question may be taken on notice for later response.
(3) When a question is taken on notice the CEO is to ensure that—
(a) a response is given to the member of the public in writing prior to the next meeting; and
(b) a summary of the response is presented to, and recorded in the minutes of, the next meeting.
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(4) Where a question relating to a matter in which a relevant person has an interest is directed to the
relevant person, the relevant person may—
(a) declare that he or she has an interest in the matter; and
(b) allow another person to respond to the question.
(5) Each member of the public with one or more questions is to be given an equal and fair opportunity,
to be determined by the presiding member, to ask the question or questions.
(6) 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) the member of the public uses public question time to make a statement, provided that the
presiding member has taken reasonable steps to assist the member of the public to phrase the
statement as a question;
(c) the member of the public asks a question that 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;
and
(d) the presiding member is of the view that the question or questions have already been
answered or the matter adequately dealt with.
6.8 Distinguished visitors
If a distinguished visitor is present at a meeting of the Council or a committee, 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.
6.9 Petitions
(1) A petition, in order to be considered by the Council, is to—
(a) be addressed to the Mayor;
(b) be made by electors of the district;
(c) state the request on each page of the petition;
(d) contain the name, address and signature of each elector making the request;
(e) contain a summary of the reasons for the request;
(f) state the name of the person to whom, and an address at which, notice to the petitioners can
be given; and
(g) be respectful and temperate in its language.
(2) Despite subclause (1), the presiding member may allow a petition to be considered in
circumstances where the petition complies with the majority of the requirements in subclause (1).
(3) In response to a petition presented to it, the Council may determine—
(a) that the petition be received;
(b) that the petition be rejected;
(c) that the petition be received and referred to the CEO to prepare a report to the Council or a
committee; or
(d) that the petition be received and referred to the CEO for action.
(4) 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.
6.10 Presentations by parties with an interest
(1) Once an agenda of a meeting of the Council has been issued, parties with a demonstrable interest
in any item listed on the agenda for discussion may seek to present to the Council at the time during
the meeting allocated for this purpose.
(2) A person must demonstrate that they are a party with an interest in an item on the agenda by
stating their name, the item to which they wish to speak, whether or not they are in agreement with
the recommendation in the agenda and they are—
(a) the applicant or one duly authorised representative of the applicant;
(b) an adjoining neighbour sharing a common length of boundary or directly opposite neighbour
of the affected property;
(c) one person duly representing a community-based organisation where an item on the agenda
has broad community impact and is associated with the objectives of the organisation; or
(d) such other person as in the opinion of the presiding member has a significant direct interest
or is duly representing those that have a significant direct interest in the item.
(3) A person addressing the Council on an agenda item will be limited to a period of 5 minutes unless
the person is granted an extension by the presiding member.
(4) Where multiple parties wish to present on an item, the applicant (or their duly authorised
representative) is to be given the opportunity to give the final presentation on the item.
(5) Members may, through the presiding member, question a person addressing the Council on the
item but no debate or general discussion will be permitted.
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6.11 Deputations
(1) Any person or group 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 either—
(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 people, only 2 of whom may address the Council although others may
respond to specific questions from members;
(b) is not to address the Council for a period exceeding 10 minutes without the agreement of the
Council; and
(c) may seek leave of the presiding member for additional members of the deputation to be
allowed to speak.
(4) Any matter which relates to an item on the agenda and 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.
6.12 Participation at committee meetings
(1) In this clause 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 of that committee.
(2) A member may attend, as an observer, any meeting of a committee of which he or she is not a
member or the deputy of a member, but is to sit in an area set aside by the CEO for observers
separated from the committee members.
(3) Without the consent of the presiding member, a person must not address a committee meeting.
(4) The presiding member of a committee may allow a person to make an oral address to the
committee for up to 5 minutes.
(5) A person 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.
(6) A person who fails to comply with a direction of the presiding member under subclause (4) may, by
order of the presiding member, be removed from the committee meeting.
6.13 Confidentiality of information withheld
(1) Information withheld by the CEO from the public under regulation 14(2) of the Administration
Regulations is to be—
(a) identified in the agenda of a Council or committee meeting under the item “Confidential
matters”, along with the reason for the confidentiality as dealt with in the Act; and
(b) kept confidential by employees and members until, in the opinion of the CEO, or the Council
or the committee (as the case may be), the reason for confidentiality ceases to exist.
(2) A member or an employee in receipt of confidential information under subclause (1), or
information that is provided or disclosed 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 an
employee to the extent necessary for the purpose of carrying out his or her duties.
(3) Subclause (2) does not apply where a member or employee discloses the information to a legal
practitioner or government officer for the purpose of seeking advice in order to lawfully fulfil his or
her role and responsibilities, or where disclosure is required or permitted by law.
6.14 Recording of proceedings
(1) A person must not use any electronic, visual or audio recording device or instrument to record the
proceedings of a meeting without the permission of the presiding member.
(2) If the presiding member gives permission under subclause (1), the presiding member must advise
the meeting, immediately before the recording is commenced, that such permission has been given
and the nature and extent of that permission.
(3) Subclause (1) does not apply if the recording is taken by or at the direction of the CEO for the
purpose of taking minutes.
(4) In the case of a recording taken under subclause (3), the CEO must advise the meeting,
immediately before the recording is commenced, that the meeting is being recorded for the purpose of
taking minutes.
6.15 Prevention of disturbance
(1) A reference in this clause to a person is to a person other than a member.
(2) A person addressing a meeting must extend due courtesy and respect to the Council or the
committee and the processes under which it operates and must comply with any direction by the
presiding member.
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(3) A person present at or 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 or by any other means.
(4) A person must ensure that his or her mobile telephone, pager or other audible device is not
switched on or used during any meeting.
(5) The presiding member may warn a person who fails to comply with this clause.
(6) If—
(a) after being warned, the person again acts contrary to this clause, or to any of these standing
orders; or
(b) a person refuses or fails to comply with a direction by the presiding member,
the presiding member may expel the person from the meeting by ordering him or her to leave the
meeting room.
(7) A person who is ordered to leave the meeting room and fails to do so may, by order of the presiding
member, be removed from the meeting room and, if the presiding member orders, from the premises.
PART 7—QUESTIONS DURING DEBATE
7.1 Questions during debate
(1) At any time during debate on a motion prior to the mover of the motion commencing the right of
reply, a member may ask a question in relation to the motion and, with the consent of the presiding
member, may ask one or more further questions.
(2) Where possible the CEO or the CEO’s nominee is to answer the question to the best of his or her
knowledge and ability, however, if the information is unavailable or the answer requires research or
investigation, the respondent may ask that—
(a) the question is taken on notice; and
(b) the answer to the question is given to the members as soon as practicable.
(3) Every question and answer—
(a) is to be brief and concise; and
(b) is not to be accompanied by argument, expression of opinion or statement of facts, except to
the extent necessary to explain the question or answer.
(4) In answering any question, a respondent may qualify his or her answer and may at a later time in
the meeting or at a subsequent meeting, correct, add to or otherwise amend the original answer.
PART 8—CONDUCT OF MEMBERS
8.1 Members to be in their proper places at Council meetings
(1) At the first meeting held after each election day, each member is to be allocated a position at the
Council table by a ballot conducted by the CEO after considering requests for a specific allocation for
special circumstances.
(2) Each member is to occupy his or her allotted position at each Council meeting.
8.2 Respect to the presiding member
After the business of a meeting has commenced, a member must not enter or leave the meeting
without first paying due respect to the presiding member.
8.3 Titles to be used
A speaker, when referring to the Mayor, Deputy Mayor or presiding member, or a member or
employee, must use the title of that person’s office.
8.4 Entering or leaving a meeting
During the course of a meeting, a member must not enter or leave the meeting without first giving an
appropriate indication, in order to facilitate the recording in the minutes of the time of entry or
departure.
8.5 Members to indicate their intention to speak
A member who wishes to speak at a meeting must indicate his or her intention to speak by raising his
or her hand or by another method agreed by the presiding member.
8.6 Members to rise
A member, other than the presiding member, asking a question or taking part in discussion or a
debate at a meeting must stand, except when prevented from doing so by sickness or infirmity.
8.7 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 subclause (1) is not open to discussion or dissent.
(3) A member must cease speaking immediately after being asked to do so by the presiding member.
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8.8 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 this local law.
8.9 Relevance
(1) A member must restrict his or her remarks to the motion under discussion, or to a personal
explanation or point of order.
(2) The presiding member, at any time, may—
(a) call the attention of the meeting to—
(i) any irrelevant, repetitious, offensive or insulting language by a member; or
(ii) any breach of order by a member; and
(b) direct that member, if speaking, to discontinue his or her speech.
(3) A member must comply with the direction of the presiding member under subclause (2) by
immediately ceasing to speak.
8.10 Speaking twice
(1) A member must not address the meeting more than once on any motion or amendment except—
(a) as the mover of a substantive motion or an amendment, to exercise a right of reply;
(b) to raise a point of order; or
(c) to make a personal explanation.
(2) A member who asks a question, or who makes a request or responds to a request under
clause 10.7, has not addressed the meeting for the purpose of this clause.
(3) This clause does not apply to a committee meeting unless the committee by resolution decides that
it is to apply to the meeting or a part of the meeting.
8.11 Duration of speeches
(1) A member must not speak on any matter for more than five minutes without the consent of the
members which, if given, is to be given without debate.
(2) An extension under this clause cannot be given to allow a member’s total speaking time to exceed
ten minutes.
8.12 No speaking after conclusion of debate
A member must not speak on any motion or amendment—
(a) after the mover has replied; or
(b) after the motion or amendment has been put.
8.13 No interruption
A member must not 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 clause 8.14; or
(d) to move a procedural motion that the member be no longer heard.
8.14 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.
8.15 No reopening of discussion
A member must not reopen discussion on any decision, except to move that the decision be revoked or
changed (see Part 15).
8.16 Adverse reflection
(1) A member must not reflect adversely on a decision of the Council or committee except on a motion
that the decision be revoked or changed (see Part 16).
(2) A member must not—
(a) reflect adversely on the character or actions of another member or employee; or
(b) impute any motive to a member or employee,
unless the meeting resolves, without debate, that the matter then before the meeting cannot
otherwise be adequately considered.
(3) A member must not use offensive or insulting expressions in reference to any member, employee
or other person.
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(4) If a member or CEO specifically requests, immediately after their use, that any particular words
used by a member that are in breach of this clause be recorded in the minutes, the member making
the request is to provide the words to the meeting for verification and the presiding member is to
cause the words used to be taken down and recorded in the minutes.
8.17 Withdrawal of offensive language
A member who, in the opinion of the presiding member, uses an expression which—
(a) in the absence of a resolution under clause 8.16(2)—
(i) reflects adversely on the character or actions of another member or an employee; or
(ii) imputes any motive to another member or an employee; or
(b) is offensive or insulting,
must, when directed by the presiding member, withdraw the expression and make a satisfactory
apology.
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, must immediately sit down and every member present must preserve
strict silence so that the presiding member may be heard without interruption.
(3) Subclause (2) is not to be used by the presiding member to exercise the right provided in
clause 8.8, but to preserve order.
9.2 Point of order
(1) A member may at any time, draw the attention of the presiding member (including as an
objection, by way of a point of order), to a breach of—
(a) any of these standing orders; or
(b) any other written law.
(2) Examples of valid points of order are—
(a) a speaker’s remarks not being relevant to the motion being debated (see clause 8.9); and
(b) a speaker’s use of offensive or insulting expressions (see clause 8.16(3)).
(3) Despite anything in this local law 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 must not be interrupted except on a point of
order.
(2) A member interrupted on a point of order must cease speaking and resume his or her seat 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 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 subclause (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 direct
the member to make an explanation, retraction or apology.
9.5 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 comply with a direction from the presiding member (such as a direction under
clause 8.9(2)(b) or 9.4(3)(b)),
the presiding member may direct the member to refrain from taking any further part in the debate on
the matter then before the meeting, other than by voting, and the member must comply with that
direction.
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9.6 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 of the motion before speaking to it; and
(b) is to put the motion or amendment in writing if he or she is required to do so by the presiding
member.
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 or committee meeting is not open to
debate unless the motion has the support required under regulation 10 of the Administration
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 immediately proceed to put the
matter to the vote.
10.4 Only one substantive motion at a time
The presiding member is not to accept a substantive motion while another substantive motion is
being debated.
10.5 Complex motions
The presiding member may require that a complex substantive motion, or a complex amendment to a
substantive motion, is to be broken down and put in the form of more than one motion, each of which
is to be put in sequence.
10.6 Order of call in debate
(1) 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 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) mover takes right of reply which closes debate.
(2) When called on to speak, the seconder to a motion may elect to reserve that right and speak to the
motion at a later time when a speaker for the motion is called.
10.7 Member may require motion or amendment to be read
A member may require the motion or amendment 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 Number and order of amendments
(1) No more than three amendments may be proposed to a substantive motion unless the presiding
member determines that further amendments are to be permitted.
(2) Where an amendment is moved to a substantive motion, a second or subsequent amendment is not
to be moved or considered until the first amendment has been withdrawn, carried or lost.
(3) An amendment may be proposed to a substantive motion either in its original terms or as
subsequently amended.
10.10 When amendment may be moved
A member may move an amendment to a motion during the debate on the motion, except—
(a) when the mover has been called by the presiding member to exercise the right of reply; or
(b) during debate on a procedural motion.
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10.11 Form of an amendment
An amendment must add, delete, or substitute words to the substantive motion.
10.12 Amendment must not negate original motion
An amendment to a substantive motion cannot negate the original motion or the intent of the original
motion.
10.13 Relevance of amendments
Each amendment must be relevant to the motion in respect of which it is moved.
10.14 Mover of motion may speak on amendment
Any member, including the mover of a motion, may speak during debate on an amendment.
10.15 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 a further amendment may be moved,
subject to the limitation on the number of amendments in clause 10.9.
10.16 Withdrawal of motion or amendment
(1) Subject to subclause (2), the Council or a committee 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 or lost.
10.17 Right of reply
(1) The mover of a substantive motion has the right of reply.
(2) The right of reply under subclause (1) may be exercised only—
(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—at the
conclusion of the discussion on the substantive motion and any amendments.
(3) The mover of an amendment to a substantive motion has the right of reply in relation to that
amendment.
(4) The right of reply under subclause (3) may be exercised only at the conclusion of the discussion on
that amendment.
(5) After the mover of the substantive motion has commenced the reply—
(a) no other member is to speak on the motion;
(b) there is to be no further discussion on, question about or any further amendment to, the
motion.
(6) The right of reply is to be confined to rebutting arguments raised by previous speakers and no new
matter is to be introduced.
(7) At the conclusion of the right of reply under subclause (2), the substantive motion, or the
substantive motion as amended, is immediately to be put to the vote, subject to any requirement to
read the motion under clause 10.7 before the vote.
10.18 Foreshadowing alternative motions
(1) In this clause, Alternative Motion means an alternative substantive motion that negates the
terms and intent of a substantive motion that is being considered, or is to be considered, by the
Council.
(2) A member who wishes the Council to consider an Alternative Motion, the member must
foreshadow the Alternative Motion before the right of reply in respect of the substantive motion has
commenced.
(3) If the substantive motion is lost, the presiding member must call on the member who
foreshadowed the Alternative Motion to move the Alternative Motion.
(4) Once moved and seconded, the foreshadowed Alternative Motion becomes the substantive motion
and the same procedures and rules of debate apply to this motion as any other substantive motion.
(5) If more than one foreshadowed Alternative Motion is proposed for any item before the Council, the
presiding member must deal with them in the order in which they were foreshadowed.
(6) Where a member has identified an item for exclusion from the adoption by exception resolution
under clause 5.10(5), and includes a motion that is different to the employee recommendation, that
motion is taken to be a foreshadowed Alternative Motion and is to be the substantive motion that is
first considered by the Council.
(7) Where a member has identified an item for exclusion from the adoption by exception resolution
under clause 5.10(5), and includes a motion that is different to the committee recommendation, that
motion is taken to be a foreshadowed Alternative Motion and members are first to be given the option
to debate the committee recommendation.
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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 item be referred or adjourned to a Council or a committee meeting;
(b) that the meeting now adjourn;
(c) that the motion be now put;
(d) that the ruling of the presiding member be disagreed with;
(e) that the member be no longer heard;
(f) that the meeting be closed to the public (see clause 6.2).
11.2 No debate
(1) A procedural motion is not open to debate until it has been seconded.
(2) The mover of a motion specified in paragraph (a), (b), (d) or (f) of clause 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.
(3) The mover of a motion specified in paragraph (c) or (e) of clause 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.
11.3 Who may move
A member who has moved, seconded, or spoken for or against the substantive motion, or any
amendment to the substantive motion, cannot 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 the 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 Item to be referred or adjourned
(1) A motion “that the item be referred or adjourned”—
(a) is, in the case of a referral, to state the Council or committee meeting to which the item is to
be referred and the time of that meeting (and the reasons for the motion);
(b) is, in the case of an adjournment, to state the time to which the debate on the item is to be
adjourned (and the reasons for the motion); and
(c) if carried, has the effect that all debate on the substantive motion or amendment ceases
immediately, but is to continue at the meeting, and at the time, stated in the motion.
(2) If a motion “that the item be adjourned” is carried at a meeting—
(a) the name of each member who has spoken on the item before the adjournment is to be
recorded in the minutes; and
(b) clause 8.10 is to apply when the debate on the item is resumed.
11.6 Meeting now adjourn
(1) A member is not to move or second more than one motion of adjournment during the same
meeting.
(2) Before putting the motion for the adjournment, the presiding member may seek leave of the
meeting to deal first with matters that may be the subject of an adoption by exception resolution (see
clause 5.6).
(3) A motion “that the meeting now adjourn”—
(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) The Council or a committee may adjourn any meeting—
(a) to a later time on the same day; or
(b) to any other time on any other day, including a time which coincides with the conclusion of
another meeting or event.
(5) A meeting adjourned under subclause (3)—
(a) is to continue from the point at which it was adjourned, unless the presiding member or the
meeting determines otherwise; and
(b) in case of a Council meeting—
(i) the name of each member who has spoken on any item that is adjourned is to be
recorded in the minutes; and
(ii) clause 8.10 is to apply when the debate on that item is resumed.
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11.7 Motion to be put
(1) If the motion “that the motion be now put”, is carried during debate on a substantive motion
without amendment, 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 motion be now put” is carried during discussion of an amendment, the
presiding member is to offer the right of reply in relation to the amendment and then put the
amendment to the vote without further debate.
(3) If the motion “that the motion be now put” is lost, the debate is to continue.
11.8 Member to 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 or
amendment.
11.9 Ruling of the presiding member to be disagreed with
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.
PART 12—DISCLOSURE OF INTERESTS
12.1 Disclosure of interests
The requirements for members and employees to disclose financial and other interests, the nature of
the interests that must be disclosed, and related matters are dealt with in the Act, the Administration
Regulations, the Rules of Conduct Regulations and the Code of Conduct.
12.2 Separation of committee recommendations
Where, at a committee meeting—
(a) a member discloses a financial interest in a matter; and
(b) the matter is included in the recommendations (or part of the recommendations) of the
committee to a Council or committee meeting that will or may be attended by the member,
the agenda of that Council or committee meeting is to separate the relevant recommendation (or the
relevant part of the recommendation) from other recommendations of the committee.
PART 13—VOTING
13.1 Motion—when put
(1) Immediately after the debate on any motion is concluded and the right of reply has been exercised,
the presiding member—
(a) is to put the motion to the meeting; and
(b) if requested by any member, is to again state the terms of the motion.
(2) A member is not to leave the meeting when the presiding member is putting any motion.
13.2 Voting
Voting is dealt with in the Act and the Administration Regulations.
13.3 Majorities required for decisions
The majorities required for decisions of the Council and committees are dealt with in the Act.
13.4 Method of taking vote
(1) In taking the vote on any motion the presiding member—
(a) is to put the motion, first in the affirmative, and then in the negative;
(b) may put the motion 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 clause, is to declare the result.
(2) The CEO is to ensure that the minutes record whether or not the motion is carried unanimously,
and if the motion is not carried unanimously—
(a) the name of each member who voted; and
(b) whether he or she voted in the affirmative or negative.
PART 14—MINUTES OF MEETINGS
14.1 Keeping of minutes
The keeping and confirmation of minutes are dealt with in the Act.
14.2 Content of minutes
The content of minutes is dealt with in the Administration Regulations.
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14.3 Public inspection of unconfirmed minutes
The public inspection of unconfirmed minutes is dealt with in the Administration Regulations.
14.4 Confirmation of minutes
(1) If a member is dissatisfied with the accuracy of the draft minutes, he or she is to provide to the
CEO a written copy of the alternative wording to amend the draft minutes no later than 3 clear
business days before the meeting where the minutes are to be confirmed.
(2) At that meeting, during the item dealing with the confirmation of minutes, the member who
provided the alternative wording—
(a) is to state the item or items with which he or she is dissatisfied; and
(b) is to propose a motion clearly outlining the alternative wording to amend the minutes.
PART 15—REVOKING OR CHANGING DECISIONS
15.1 Requirements to revoke or change decisions
The requirements to revoke or change a decision made at a meeting are dealt with in regulation 10 of
the Administration Regulations.
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 these standing orders be
suspended.
(2) A motion under subclause (1) which is seconded and carried is to suspend the operation of the
standing order or orders to which the motion relates for the duration of the meeting or such other part
of the meeting specified in the motion, unless the meeting earlier resolves otherwise.
16.2 Where standing orders do not apply
(1) In situations where—
(a) one or more of these standing orders have been suspended; or
(b) a matter is not regulated by the Act, the Administration Regulations or this local law, the
presiding member is to decide questions relating to the conduct of the meeting.
(2) The decision of the presiding member under subclause (1) is final, except where a motion is moved
and carried under clause 11.9.
PART 17—MEETINGS OF ELECTORS
17.1 Electors’ general meetings
Electors’ general meetings are dealt with in the Act.
17.2 Matters for discussion at electors’ general meetings
The matters to be discussed at electors’ general meetings are dealt with in the Administration
Regulations.
17.3 Electors’ special meetings
Electors’ special meetings are dealt with in the Act.
17.4 Requests for electors’ special meetings
Requests for electors’ special meetings are dealt with in the Administration Regulations.
17.5 Convening electors’ meetings
Convening electors’ meetings is dealt with in the Act.
17.6 Who presides at electors’ meetings
Who presides at electors’ meetings is dealt with in the Act.
17.7 Procedure for electors’ meetings
(1) The procedure for electors’ meetings is dealt with in the Act and the Administration Regulations.
(2) 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 this local law.
17.8 Participation of non-electors
A person who is not an elector of the City must not take part in any discussion at an electors’ meeting
unless the meeting, by resolution, permits the person do so.
17.9 Voting at electors’ meetings
Voting at electors’ meetings is dealt with in the Administration Regulations.
17.10 Minutes of electors’ meetings
Minutes of electors’ meetings are dealt with in the Act.
17.11 Decisions made at electors’ meetings
Decisions made at electors’ meetings are dealt with in the Act.
4 April 2018 GOVERNMENT GAZETTE, WA 1203
PART 18—ENFORCEMENT
18.1 Penalty for breach
A person who breaches a provision of this local law commits an offence. Penalty—$5,000.00 and a
daily penalty of $500.00.
18.2 Who can prosecute
Who can prosecute is dealt with in the Act.
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Dated: 14 March 2018.
The Common Seal of the City of Busselton was affixed by the authority of a resolution of Council in
the presence of—
GRANT DOUGLAS HENLEY, Mayor.
MICHAEL S. L. ARCHER, Chief Executive Officer.
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