PART 4—BUSINESS OF THE MEETING
4.1 Business at Ordinary Meeting
The order of business at an ordinary meeting of the Council shall, unless for the greater convenience
of the Council, altered by resolution to that effect, be nearly as practicable to the order, as detailed in
clause 4.2.
4.2 Order of Business
(1) Declaration of Opening.
(2) Appointment of presiding member (if required).
(3) Disclaimer (to be read aloud by presiding member).
(4) Acknowledgement of receipt of written declarations of financial interests and conflicts of interest
(by presiding member).
(5) Apologies and leave of absence.
(6) Written requests for leave of absence
(7) Response to previous public questions taken on notice.
(8) Public question time.
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(9) Confirmation of minutes.
(10) Deputations.
(11) Petitions.
(12) Business left over from previous meeting (if adjourned).
(13) Declaration by members who have not given due consideration to matters contained in the
business paper presented before the meeting.
(14) Council matters.
(15) Planning and Development Division issues.
(16) Finance and Corporate Services Division issues.
(17) Engineering and Works Division issues.
(18) Community Services Division issues.
(19) Executive Division issues.
(20) Motions of which previous notice has been given.
(21) Notices of motion given at the meeting for consideration at next meeting.
(22) New business of an urgent nature introduced by Members or Officers.
(23) Matters to be noted for investigation, without debate.
(24) Confidential business.
(25) Resolution of compliance
(26) Closure of meeting.
4.3 Order of Business at Special Meeting
The order of business at any special meeting of the Council shall be the order in which that business
stands in the notice of the meeting.
4.4 Public Question Time
(1) Public Question Time
Fifteen minutes shall be allocated for questions to be raised by members of the public and
responded to at—
(a) every ordinary meeting of the Council;
(b) every special meeting of the Council as related to the purpose of the meeting;
(c) every meeting of a committee to which the Council has delegated a power or duty; and
(d) every other meeting prescribed for the purpose of clause 5.24(1) of the Act.
The Presiding Member may extend the time, subject to time constraints or limitations
imposed by the presiding member.
Once all the questions raised by members of the public have been presented and responded to
at a meeting, any unused portion of the time period may be used for other matters.
Each member of the public who wishes to raise a question or questions at a meeting referred
to in clause (1) shall be given equal and fair opportunity to raise the question or questions
and receive a response, subject to time constraints or limitations imposed by the presiding
member or otherwise by resolution of the meeting.
In addition to raising a question or questions without notice at meetings, a member of the
public wishing to raise a question or questions may register that interest by notification in
writing to the CEO in advance, setting out the text or substance of the question or questions.
The order in which registrations of interest are received by the CEO shall determine the
order of questions to be raised unless the presiding member determines otherwise. Persons
submitting questions to be raised pursuant to this clause shall be invited by the presiding
member to present their question or questions at the beginning of this session. If the person
is not present at the time, the matter shall lapse and any response prepared forwarded to the
person in writing
A member of the public having raised a question or questions shall return to a seat in the
gallery unless otherwise directed by the presiding member at the meeting.
Subclause (4) only requires the Council or committee to answer a question that relates to a
matter affecting the local government, with priority being given to items listed on the
meeting agenda paper being considered.
Subject to the procedural matters previously set out in this subclause, the procedures for the
raising of and responding to questions raised by members of the public at a meeting referred
to in subclause (1) are to be determined—
(a) by the presiding member at the meeting; or
(b) in the case where the majority of members present at the meeting disagree with the
presiding member, by the majority of these members.
Every reasonable effort should be made to provide a substantive response to a question or
questions raised by a member of the public, but if the meeting is unable to provide an
informative response to the whole of the issue, it may—
(a) respond to that part (if any) for which it has a substantive response; or
(b) respond otherwise that the response or part to which no substantive response has been
supplied will be responded to substantively in a manner and at a time indicated.
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(2) Questions and Answers to be Brief
All questions and answers shall be given as briefly and concisely as possible, and no discussion shall
be allowed thereon. Questions requiring a written response shall be taken on notice and responded to
as soon as practicable thereafter. Action taken shall be noted on the order of business at the following
ordinary meeting of the Council in relation to written responses taken on notice.
(3) Questions Not to Involve Bad Language, Argument or Opinion, or Adverse Reflection on
Integrity of any Member or Employee
In submitting any questions, no bad language, argument or expression of opinion shall be
used or offered, nor any facts stated except so far as may be necessary to explain the issue.
The presiding member may modify a question to make it comply with this subclause.
Questions shall not contain any statement reflecting adversely on the integrity of any
member or employee.
If in the opinion of a member, false information or any adverse reflection is contained in any
question or questions raised, then through the presiding member, the member may offer
comment by way of correction.
(4) No Discussion on Questions
Subject to clause (3) of the preceding subclause, no discussion or further questions shall be allowed on
any question or the response thereto.
4.5 Minutes
(1) Confirmation of Minutes
The minutes of a meeting of the Council, whether of an ordinary or a special meeting, shall be
submitted to the next ordinary meeting of the Council for confirmation as a true and accurate
record, subject to time constraints associated with preparation of the meeting agenda.
The minutes of a meeting of a committee shall be submitted to the next meeting of the
committee for confirmation.
Discussion of any minutes other than discussion as to their accuracy as a record of
proceedings shall not be permitted, and when confirmed the minutes shall thereupon be
signed and certified by the Mayor in the case of Council minutes or by the presiding member
in the case of a committee. In addition, that person shall initial each page of the minutes.
(2) Keeping of Minutes
Minutes may be pasted or otherwise permanently affixed to or as the leaves of a book which
may be known as the “Minute Book”.
Minutes may be otherwise kept in the records of the local government in a manner which
ensures that they are permanently and securely recorded, and available for inspection,
copying, and production in evidence in any court. Such record of the minutes may be referred
to as “Minute Book”, whether it is in book form or not.
(3) Content of Minutes
The content of minutes of a meeting of the Council or a committee is to include the matters contained
in regulation 11 of the Regulations.
(4) Preservation of Minutes
Minutes including the agenda of each Council and committee meeting are to be kept as a permanent
record of the activities of the local government and are to be transferred to the Public Records Office,
being a directorate of the Library and Information Service of Western Australia, in accordance with
DA 2015-001—General Disposal Authority for Local Government Records..
4.6 Petitions
(1) Every petition shall be respectful and temperate in its language and shall be presented to the
Council or CEO by a member who shall acquaint himself or herself with the contents thereof and
ascertain that it does not contain language disrespectful to the local government.
In addition, any individual may present a petition in the form mentioned in clause (2) direct to the
CEO who shall inform the Mayor and councillors of the content of the petition and any action taken in
response to the subject matter contained in the petition.
(2) A petition must—
(a) contain on each page, the subject of the petition;
(b) contain the name, address and signature of each petitioner; and
(c) have the name of the person who lodged the petition with the local government shown at the
top of the front page thereof but need not otherwise be in any particular form.
(3) On the presentation of a petition, the member presenting it shall be confined to reading the
petition, and the only motions that are in order are that the petition be received and if necessary that
it be referred for an officer’s report.
4.7 Deputations
(1) Any person or persons wishing to be received as a deputation by Council shall, in the first
instance, send to the CEO a written request, setting out the subject matter to be raised by the
deputation in concise terms, but nevertheless in sufficient detail to enable the Council to have a
general understanding of the purpose of the deputation.
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(2) Where the CEO receives a request in terms of the preceding subclause but not otherwise, the CEO
shall—
(a) refer it to the presiding member of the appropriate meeting,
(b) give a written precis of the request to the presiding member;
(c) recommend, with a-written explanation, whether or not the deputation should be received;
and
(d) request written advice from the presiding member within a stated time whether or not he or
she considers the deputation should be received.
(3) In the event that the presiding member indicates agreement, the person or persons wishing to be
received as a deputation shall be invited to meet the Council at its next meeting or another meeting
at which the subject matter is to be considered.
(4) A deputation shall not exceed 10 minutes in length and will consist of no more than 5 in number
and only 2 thereof shall be at liberty to address the Council except in reply to questions from
members to be raised through the presiding member.
(5) A Council shall not make a resolution arising from the subject of a deputation at the meeting at
which the deputation is received unless the matter is the subject of an officer report contained in the
business papers of the meeting.
4.8 Business at Adjourned Meeting
At an adjourned meeting of the Council no business shall be transacted other than that specified in
the notice of the meeting of which it is an adjournment, and which remains indisposed of, save and
except in the case of an adjournment to the next ordinary meeting of the Council, when the business
undisposed of at the adjourned meeting shall have the precedence at such ordinary meeting.
4.9 Declaration of Due Consideration
Any member who is not familiar with the substance of any report, minutes or other information
provided for consideration at a meeting shall declare that fact at the time declarations of due
consideration are called for in the order of business of the meeting.
4.10 Notices of Motion
(1) Giving Notice of Motion
(a) A member may have business included in the agenda of a meeting by forwarding a notice of
motion in writing to the CEO.
(b) The notice of motion must include a draft version of the motion proposed to be moved by the
member.
(c) The notice of motion must be accompanied by sufficient information to enable an officer’s
report to be prepared and included in the agenda of the meeting at which Council will
consider the motion.
(d) Except in the case of a special meeting of the Council, the notice of motion must be given—
(1) at least 14 clear days before the meeting at which it is considered; or
(2) at the previous Council meeting, and is to be read at Agenda Item 21 of the order of
business.
(2) Amendment of Notices
The CEO may on his or her own initiative make such amendments to the form of the motion, but not
its substance, so as, to bring the motion into proper form.
(3) Motion to Lapse
Subject to the provisions of clause 16.12, any motion of which notice has been given pursuant to
clause 4.10 lapses unless—
(a) the member who provided the notice, or some other member authorised by the member in
writing, is present to move the motion when called on; or
(b) the Council on a motion agrees to defer consideration of the motion to a later stage of the
meeting or date.
(4) Dealing with Lapsed Motion
(a) If a notice of motion is given and lapses in the circumstances referred to in the preceding
subclause, notice of motion in the same terms or to the same effect may be given for
consideration at a subsequent meeting of the Council.
(b) If a motion lapses and is in the same terms or to the same effect as a motion which lapsed at
a previous meeting of the Council, the Council shall not entertain a motion in the same terms
or to the same effect at a subsequent meeting until at least 3 months have elapsed from the
date of the meeting at which the motion last lapsed. This provision shall not apply to motions
to rescind or alter a resolution and to which clause 22.3 applies.
(5) Amendments to Notice of Motion
(a) An amendment to a motion of which notice has been given pursuant to clause 4.10(1), other
than a minor amendment, must not be considered at a meeting unless notice in writing of the
amendment is received by the CEO no later than 10am on the day of the meeting at which
the motion is to be considered.
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(b) In accordance with the procedures for debate of motions under Part 10 of this local law, a
motion of which notice has been given pursuant to clause 4.10(1) is not considered to have
been moved until a member has stated the motion at the relevant Council meeting.
(c) The Mayor shall decide whether any amendment moved without notice given in accordance
with the preceding clauses of this subclause is a minor amendment, but the Council may
dissent from the Mayor’s ruling in accordance with the provisions of clause 10.15(3).
(d) No amendment to a motion can be moved which negates the original motion or the intent of
the original motion.
4.11 Urgent Business
(1) When Introduced
A member may move a motion involving urgent business that is not included in the agenda paper for
that meeting provided that—
(a) the presiding member at the meeting has requested the member to move the motion or has
first consented to the business being raised having taken due regard to;
(i) the urgency of the business is such that the business cannot await inclusion in the
agenda paper for the next meeting of the Council; or
(ii) if the business was to be deferred to the next meeting, such delay could result in legal
or financial implications to the local government; or
(b) the business could not normally be dealt with by an officer of Council during Council office
hours.
(2) When Absolute Majority Required
If at an ordinary meeting a member objects that a motion introduced as urgent business and moved
without notice does not deal with urgent ordinary business within the meaning of that term in clause
4.11(a)(i) or (ii) of this local law, the motion shall be of no effect unless it is agreed to at the meeting
by an absolute majority of the Council.
(3) Items Decided Under Delegated Authority
Items dealt with by officers under the delegated authority of Council, will only be permitted for
addition to an agenda of Council, following the matter being discussed by a member at the request of
a third party, with the appropriate staff member responsible for the delegation and no agreeable
resolution being forthcoming from those discussions.
4.12 Matters Received in Writing to be Noted for Investigation, Without Debate
(1) When Introduced
A member seeking to have a matter related to the functions of the local government investigated may
do so in the following manner—
Forward a written request clearly domiciled “Matter for Investigation Without Debate” to the
CEO, by no later than 10.00am on the day of the Ordinary Council Meeting.
The request is to contain sufficient details of the matter to enable a clear understanding of
the topic and any outcomes expected.
Subject to the request complying with the requirements of sub-clauses 1 and 2 above, the
CEO shall ensure a listing of requests received pursuant to these provisions is reported to
members as part of the next scheduled ordinary Council meeting process.
Matters for Investigation Without Debate received in accordance with these requirements are
to be listed in the Minutes of the Council Meeting under this heading and upon being listed,
shall be referred to an appropriate staff member for research and a subsequent response to be
prepared for consideration by Council.
Officer Reports prepared in response to Matters for Investigation Without Debate will
subsequently appear on the Council Agenda under this heading and all outstanding Matters
for Investigation Without Debate will remain on the record of Agendas and Minutes under
this heading until addressed in an Officer Report and formally considered at a Council
Meeting, after which time they will be removed.
4.13 Confidential Business
(1) Obligation of Confidentiality
Every matter dealt with by, or brought before the Council sitting otherwise than with open doors,
shall be treated as strictly confidential by members and officers.
(2) CEO Restricting Documents
Any report, correspondence or other document which is to be placed before the Council and which in
the opinion of the CEO is of a confidential nature may at the CEO’s discretion be marked as such and
shall then be treated as strictly confidential by members and officers.
(3) Non-disclosure of Matters or Documents which are Strictly Confidential
No person, without the authority of the Council, is to disclose any matter or any report,
correspondence or other document, which is treated as strictly confidential under the terms of
subclause (1) or subclause (2), to any person other than the Mayor, any Councillor or any employee of
the local government (and in the case of employees, only so far as may be necessary for the
performance of their duties). The confidentiality of any matter under the provisions of subclause (1)
ceases upon that matter being discussed at a meeting of the Council held with open doors.
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(4) Freedom of Information Act 1992 and Discovery
The provisions of this clause 4.13 do not apply to restrict access to documents the local government
might otherwise be required to give under the Freedom of Information Act 1992, or under the
discovery processes of any Court, Tribunal or Commission, or under a subpoena duces tecum, or
pursuant to a lawful direction, order or request of an Inquiry under Part 8 of the Act.
(5) Committees
Notwithstanding clause 17.1, this clause 4.13 does not operate to authorise the disclosure of
confidential information or documents to a committee member other than the Mayor, or Councillor or
any employee of the local government.
4.14 Closure of Meeting
Should a meeting of Council still be in progress 2 hours after the opening of the meeting, the
presiding member shall request the meeting for an extension of time to enable the business of the
meeting which remains unresolved to be considered. A motion must be carried to this effect and
stipulate a time up to a maximum extension of 1 further hour until which business of the meeting
may be considered, at which time the presiding member shall close the meeting, if still in progress,
and any business remaining unresolved shall be adjourned and reconsidered to a day and time as
determined by Council or at the next ordinary meeting of the Council.