PART 6—PUBLIC PARTICIPATION
6.1 Meetings generally open to the public
Meetings being generally open to the public are dealt with in the Act.
6.2 Procedure to close meetings 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 for the meeting to deal with business of a type listed in the Act as a matter for which a
meeting may be closed to members of the public.
(2) The Council or a committee may at any time, whether or not the CEO has made a recommendation
under subclause (1), decide by resolution in accordance with clause 13.9 to close a meeting or part of a
meeting to members of the public to deal with matters listed in the Act.
(3) If a resolution under subclause (2) is made—
(a) the Presiding Member is to direct everyone to leave the meeting except—
(i) the Members;
(ii) the CEO, unless the CEO has declared an interest that requires them to leave the
meeting; and
(iii) any employee specified by the Presiding Member; and
(b) the meeting is to be closed to the public until, at the conclusion of the matter justifying the
closure of the meeting to the public, the Council or the committee, by resolution, decides
otherwise.
(4) A person who fails to comply with a direction under subclause (3)(a) commits an offence and may,
by order of the Presiding Member, be removed from the Chamber.
(5) A motion under this clause may be moved without notice.
(6) Subject to the Regulations prescribing confidential information, when the meeting is reopened to
members of the public the Presiding Member is to read out the record of decisions made while the
meeting was closed to members of the public.
6.3 Question time for the public
Question time for the public is dealt with in the Act and the Regulations.
6.4 Duration of question time for the public
(1) Minimum question time for the public is dealt with in the Regulations.
(2) Subject to subclause (3), public question time is to be for a period of 15 minutes.
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(3) The Council may, by resolution, agree to extend public question time in 5 minute increments to a
maximum of 30 minutes.
6.5 General procedures for question time for the public
General procedures for question time for the public are dealt with in the Regulations.
6.6 Receiving questions during question time for the public
(1) Any member of the public may raise a question during public question time.
(2) A member of the public who asks a question during public question time must—
(a) state their name; and
(b) direct their question to the Presiding Member; and
(c) ask their question clearly and concisely; and
(d) not include any statement other than the minimum information necessary to understand the
question; and
(e) not provide false or misleading information, or use offensive or derogatory language.
(3) A member of the public who asks a question at the meeting under subclause (1) shall also provide a
written copy of their question, in order to ensure accurate recording, and if requested to do so, an
employee of the local government may assist the person to provide their question in writing.
(4) A person may ask a question on behalf of another person who is unable to attend the meeting subject
to providing the Presiding Member with proof of the consent of the person on whose behalf they are
asking the question.
(5) The name of the person asking the question and, if applicable, the name of the person on whose
behalf it is asked, shall be recorded in the minutes.
6.7 Ensuring equal and fair opportunity to ask questions
(1) A member of the public may, prior to the meeting, register their intent to ask a question at the
meeting with an employee nominated by the CEO, and the employee shall record the time and date
that the registration was received.
(2) Questions on notice may be submitted to the CEO in writing at least 4 clear working days prior to
the meeting at which they are to be asked.
(3) The CEO shall ensure that the Presiding Member is advised at the commencement of the meeting
of the people who wish to ask a question and the order in which the registrations of intent or questions
on notice were received.
(4) The Presiding Member may determine the order in which questions are to be asked.
(5) Each member of the public with a question—
(a) is entitled to ask one question, and may ask a supplementary question with the permission of
the Presiding Member; and
(b) shall be limited to 2 minutes to ask their question(s);
before other members of the public are invited to ask their questions.
(6) Where questions have been submitted in writing, each subsidiary question will be regarded as a
separate question for the purposes of subclause (5).
(7) If a person who submitted a written question is not present at the meeting to ask their question, the
Presiding Member may—
(a) invite another person nominated by the questioner to ask the question; or
(b) defer the question and response to the next meeting; or
(c) declare that the question is taken on notice to be dealt with under clause 6.9; or
(d) rule that summaries of the question and response will be entered into the minutes of the
meeting without being read out.
(8) If a person who submitted a written question deferred under subclause (7)(b) is not present to ask
their question at the meeting to which it was deferred, the question will be taken on notice at that
meeting and dealt with under clause 6.9.
(9) If time remains in public question time after each person who registered their intent to ask a
question or submitted a written question has asked their question and received a response, the
Presiding Member may—
(a) call upon any other members of the public present if they have a question; and
(b) allow additional questions from persons who have already asked a question, subject to the
process in subclause (5).
6.8 Dealing with public questions
(1) The Presiding Member shall—
(a) if the necessary information is readily available, determine who is to respond to the question;
or
(b) if the necessary information must be retrieved or researched, declare that the question will be
taken on notice.
(2) A response to a question—
(a) is to be relevant and concise; and
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(b) subject to subclause (3), is not to be the subject of any discussion.
(3) If, in the opinion of a Member or the CEO, false or misleading information is contained in any
question asked or statement made by a member of the public, then the Member or CEO may, with the
permission of the Presiding Member, correct or clarify the matter.
(4) Summaries of the questions asked at the meeting and the responses given will be included in the
minutes of the meeting unless the question is taken on notice.
6.9 Questions taken on notice
When a question from a member of the public is taken on notice the CEO is to ensure that—
(a) a response is given to the member of the public in writing; and
(b) a copy of the question and response is provided to all Members at the time the response is
provided to the questioner; and
(c) summaries of the question and the response are included in the agenda documents of the next
meeting of the Council.
6.10 When Presiding Member may decide a public question will not be answered
The Presiding Member may decide that a question from a member of the public shall not be responded
to where—
(a) the same or a similar question was asked at a previous meeting, a response was provided, the
answer to the question has not changed, and the member of the public is directed to the minutes
of the meeting at which the response was provided; or
(b) a question asked at a special meeting is not relevant to the purpose of the meeting; or
(c) the question relates to a matter for which a Council or committee meeting will or could be closed
to the public under section 5.23 of the Act; or
(d) the question relates to the private activities of any person; or
(e) the question relates to a matter that is currently before a court or the State Administrative
Tribunal; or
(f) 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 rephrase
the statement as a question; or
(g) the member of the public asks a question which, if asked by a Member, would contravene any
written law, provided that the Presiding Member has taken reasonable steps to assist the
member of the public to rephrase the question in a manner that does not breach any written
law; or
(h) responding to the question would divert a substantial and unreasonable portion of the local
government’s resources away from its other functions; or
(i) the Presiding Member is of the view that the question has already been answered or the matter
adequately dealt with; or
(j) the question seeks information that would not be made available if it was sought under the
Freedom of Information Act 1992 or relates to a matter to which section 5.95 of the Act applies,
or relates to any matter that is required to be kept confidential under any written law.
6.11 Petitions
(1) A petition is to—
(a) be addressed to the Council;
(b) be in a form approved by the local government;
(c) be signed by at least 6 electors of the district;
(d) state the request on each page of the petition;
(e) contain the name, address and signature of each elector making the request, and the date each
elector signed;
(f) not contain duplicate signatories;
(g) contain a summary of the reasons for the request;
(h) state the name of the lead petitioner to whom, and an address at which, notice to the petitioners
can be given; and
(i) be respectful in its language.
(2) Upon receiving a valid petition relating to a matter to be considered by Council, the local government
is to ensure the petition is provided to the relevant employee for consideration in the report on the
matter that is the subject of the petition.
(3) On the presentation of a petition, the Council shall acknowledge the petition and—
(a) give due consideration to the petition when deliberating on the relevant matter listed on the
same agenda; or
(b) refer it to a committee for consideration and report; or
(c) direct that a report on the matters raised be prepared by a date determined by Council; or
(d) take no further action.
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(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.
(5) A summary of the petition, the name and suburb of the lead petitioner and the decision of Council
under subclause (3) are to be included in the minutes of the meeting.
6.12 Deputations
(1) A member of the public or representative of a community group may seek to make a deputation to
the Council or a committee on a matter to be considered at a Council or committee meeting.
(2) Deputations on matters to be considered at Council meetings will be received at the relevant agenda
briefing forum held prior to the meeting, unless the matter for which the deputation has been requested
was not included in the agenda briefing forum related to the meeting.
(3) Persons wishing to make a deputation may—
(a) apply, before the relevant agenda briefing forum or meeting, to the CEO for approval; or
(b) seek the approval of the Presiding Member, at the agenda briefing forum or the meeting, to
address the Council or committee.
(4) An application to make a deputation under subclause (3)(a)—
(a) is to be made in the form and within the timeframe approved by the local government; and
(b) is to relate to an item on the agenda of the agenda briefing forum or meeting at which the
deputation is to be made.
(5) On receipt of an application for a deputation under subclause (3)(a), the CEO may—
(a) approve the request and invite the deputation to attend the relevant agenda briefing forum or
meeting; or
(b) refer the request to the Mayor or Presiding Member to approve or reject the request.
(6) On receipt of an application for a deputation referred by the CEO under subclause (5)(b), the Mayor
or Presiding Member may—
(a) approve the request and invite the deputation to attend the relevant agenda briefing forum or
meeting; or
(b) reject the request.
(7) Where a person or group seeks, at an agenda briefing forum or at a Council or committee meeting,
approval to make a deputation to the Council or relevant committee, the Presiding Member may—
(a) rule that the deputation be received; or
(b) rule that the deputation not be received.
(8) Unless the Council resolves otherwise, a deputation invited to attend an agenda briefing forum or
meeting—
(a) is not to exceed 3 persons, only 2 of whom may address the Council or committee, although
others may respond to specific questions from Members; and
(b) may speak for a period not exceeding 10 minutes unless an extension of time is granted by the
Presiding Member or committee on a motion without debate, but a deputation’s total speaking
time must not exceed 15 minutes.
(9) Members of a deputation—
(a) are not to make offensive, defamatory, false or misleading statements to the Council or
committee; and
(b) if wishing to table documents in support of their position, must provide a copy of each document
to the local government prior to the meeting; and
(c) if wishing to present information in video or slideshow format to the Council or committee,
must provide the material to the CEO prior to the agenda briefing forum or meeting in an
approved format to permit inspection for cyber-security risks.
(10) A period not exceeding 5 minutes will be given for Members to ask questions of the deputation and
receive answers, with additional question time granted at the discretion of the Presiding Member in
circumstances where the matter is unclear.
(11) Any Member may, with the permission of the Presiding Member, ask questions of a member of a
deputation but is not to make a statement on the matter.
(12) Any Member or the CEO may draw the Presiding Member’s attention to an alleged breach of
subclause (9)(a) by a member of a deputation.
(13) If the Presiding Member rules that a member of a deputation has made an offensive, defamatory,
false or misleading statement, the Presiding Member may—
(a) direct the person to withdraw the offensive or defamatory statement or to correct the false or
misleading statement; or
(b) direct the person to cease speaking and be seated.
(14) A person who does not comply with a direction under subclause (13) may be directed by the
Presiding Member to leave the meeting.
(15) A person who does not comply with a direction to leave the meeting under subclause (14) commits
an offence.
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(16) Any matter which is the subject of an approved deputation to the Council is not to be decided by
the Council until the deputation has completed its presentation.
(17) Documents provided by a deputation under subclause (9)(b) are deemed to be documents tabled at
the meeting for the purposes of section 5.94(p)(i) and section 5.96(h)(i) of the Act.
(18) The minutes are to record the names of the members of the deputation and where relevant the
name of the organisation that they represent.
6.13 Written submissions
(1) A person or group wishing to bring a particular issue to the attention of Council or a committee on
a matter to be decided at a Council or committee meeting may make a written submission.
(2) Written submissions on matters to be considered at a Council meeting must be received by the CEO
at least 3 working days before the relevant agenda briefing forum held prior to the meeting, unless the
matter to which the submission relates was not included in the agenda briefing forum related to the
meeting.
(3) Written submissions on matters to be considered at committee meetings must be received by the
CEO at least 3 working days before the meeting.
(4) The CEO shall send a copy of any submissions received under subclauses (2) and (3) to all Elected
Members at least 2 working days before the agenda briefing forum or meeting to which it refers.
(5) At the meeting at which the matter is to be considered, the Presiding Member shall advise the
meeting of the written submissions that had been submitted and circulated prior to the meeting.
6.14 Public hearings
(1) Where an item on the agenda at a Council meeting has attracted significant public interest and/or
multiple requests for deputations, a meeting in the form of a public hearing to provide a greater
opportunity for members of the public to be heard may be held—
(a) if called for by the Mayor or one-third of the Members in a notice to the CEO; or
(b) if resolved by the Council.
(2) Where a public hearing is called under subclause (1), the CEO shall—
(a) in consultation with the Mayor, set the time, date and place of the public hearing;
(b) publish details for the public hearing and the purpose of the public hearing on the local
government’s official website as soon as practicable after the decision is made, with advice on
how to lodge requests for deputations;
(c) send a written invitation to address the public hearing to all members of the public who have
applied under clause 6.12(3)(a) to make a deputation on the issue; and
(d) cause notes of the public hearing to be taken.
(3) A public hearing held under subclause (1) shall be conducted only to hear submissions from members
of the public and is not a decision-making meeting of Council.
(4) The provisions of subclauses (8) to (15) of clause 6.12 shall apply to members of deputations
participating in a public hearing.
(5) The CEO is to ensure that a report is included on the agenda of the next Council meeting
summarising each submission made at the public hearing and recording the names of all Members
present at that public hearing.
6.15 No unauthorised recording of proceedings
(1) A person is not to make a visual or audio record of the proceedings of an agenda briefing forum, a
Council meeting or a committee meeting without the permission of the Presiding Member.
(2) If the Presiding Member gives permission under subclause (1), they are to advise the forum or
meeting, before the recording is commenced, that such permission has been given, the name of the
person to whom it has been given, and the nature and extent of that permission.
6.16 Public inspection of agenda materials
Public inspection of agenda materials is dealt with in the Regulations.