Part 20PRESERVING ORDER

PART 20—PRESERVING ORDER 20.1 Presiding Member to preserve order The Presiding Member is to preserve order and, whenever they consider it necessary, may call any Member or any other person to order. 20.2 Presiding Member to ensure compliance The Presiding Member of a meeting is to use all reasonable endeavours to ensure compliance with these meeting procedures. 20.3 Presiding Member to be heard without interruption (1) Whenever the Presiding Member signifies a desire to speak at any time during the meeting, any Member speaking or offering to speak must be silent, so that the Presiding Member may be heard without interruption. (2) This clause is not to be used by the Presiding Member to exercise the right provided for in clause 4.6 but to preserve order. 20.4 Point of order (1) The following are to be recognised as valid points of order— (a) that the discussion is of a matter not before the Council or committee; (b) that a breach of these meeting procedures or the Code of Conduct has been committed by a Member; (c) that a breach of any written law, policy or any other local law of the local government has been committed by any person. (2) A Member drawing attention to a suspected breach under subclauses (1)(b) or (1)(c) is to specify the alleged breach when making the point of order. (3) Despite any other provision in this local law, a point of order— (a) takes precedence over any discussion; and (b) until determined, suspends the consideration or discussion of any other matter. (4) A Member expressing a difference of opinion or contradicting a speaker shall not be recognised as raising a point of order.

6 May 2022 GOVERNMENT GAZETTE, WA 2925 20.5 Procedures on a point of order (1) A Member interrupted on a point of order is to immediately 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 then, if permitted, the Member who has been interrupted may proceed. (2) A Member who is raising a point of order is not to be interrupted while making the point of order. 20.6 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) If the Presiding Member rules that any motion, amendment or other matter before the meeting is out of order, it is not to be considered further. (3) The Presiding Member, on becoming aware of conduct by a Member that breaches these meeting procedures, may rule that conduct to be out of order and direct that Member to immediately discontinue the conduct that is out of order and— (a) provide an explanation; or (b) unreservedly withdraw a specified expression or statement and make an unconditional apology; or (c) discontinue their speech. (4) Where a Member fails to comply with a direction of the Presiding Member under subclause (3), the Presiding Member may refuse to hear the Member further on the matter under discussion and call on the next speaker. (5) A ruling by the Presiding Member on a point of order 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. 20.7 Continued breach of order (1) If a Member— (a) persists in any conduct that the Presiding Member has ruled is out of order; or (b) refuses to make an explanation, retraction or apology required by the Presiding Member under clause 20.6(3), then the Presiding Member may direct the Member to refrain from taking any further part in the item under discussion other than by recording the Member’s vote and the Member must comply with that direction. (2) If the Member subject to a direction under subclause (1) is exercising their right of reply as the mover of a substantive motion, the Presiding Member may immediately call for a vote on the matter. 20.8 Prevention of disturbance (1) In this clause, “person” means a person other than a Member. (2) Any person addressing the Council or a committee is to extend due courtesy and respect to the Council or committee and the processes under which they operate and must comply with any direction from the Presiding Member. (3) A person attending a meeting shall not create a disturbance at a meeting, by interrupting or interfering with the proceedings, whether by expressing approval or dissent, by conversing, using a mobile device capable of producing sound, or by any other means. (4) A person attending a Council or committee meeting shall not— (a) attempt to threaten, harass or intimidate any Member, employee or other person attending the meeting, or (b) behave in a manner that is contrary to section 75 of the Criminal Code. (5) Where a person is considered by the Presiding Member of the Council or committee to be in breach of subclauses (3) or (4) the Presiding Member of the Council or committee may direct the offending person to leave the meeting and the person must immediately comply with that direction. (6) A person who fails to comply with a direction given under subclause (5) commits an offence. (7) For the purposes of section 70A of the Criminal Code, the CEO is a person in authority in relation to the Chamber or meeting room and the local government premises of which they form a part and may request a person subject to a direction under subclause (5) to leave the place or a specified part of the place. 20.9 Right of Presiding Member to adjourn (1) The Presiding Member may adjourn the meeting for a period of up to 15 minutes— (a) for the purpose of preserving or regaining order; or (b) where a person given a direction under clause 20.8(5) refuses to leave the meeting. (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. (4) If there is an adjournment under this clause, the names of the Members who have spoken on the matter before the adjournment are to be recorded.