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(3) Subject to subclause (4), no business is to be transacted at an adjourned meeting of the Council
other than that—
(a) specified in the notice of the meeting which had been adjourned; and
(b) which remains unresolved.
(4) Where a meeting is adjourned to the next ordinary meeting of the Council then, unless the Council
resolves otherwise, the business unresolved at the adjourned meeting is to be dealt with before
considering Reports (Item 9) at that ordinary meeting.
5.2 Order of business
(1) Unless otherwise decided by the Council the order of business at any ordinary meeting of the
Council is to be as follows—
Declaration of Opening/Announcement of Visitors
Announcements from the Presiding Member
Attendance
3.1 Apologies
3.2 Approved leave of absence
Declaration of interest
Public Question Time
5.1 Response to previous public questions taken on notice
5.2 Public question time
New business of an urgent nature introduced by decision of the meeting
Meeting closed to public
14.1 Matters for which the meeting may be closed
14.2 Public reading of resolutions that may be made public
Closure
(2) Unless otherwise decided by the Council, the order of business at any special meeting of the
Council is to be the order in which that business stands in the agenda of the meeting.
(3) In determining the order of business for any meeting of the Council, the provisions of the Act and
Regulations relating to the time at which public question time is to be held are to be observed. [See
section 5.24 of the Act; and regulations 6 and 7 of the Regulations]
5.3 Motions of which previous notice has been given
(1) Unless the Act, 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 7 clear working days before the
meeting at which the motion is moved.
(3) A notice of motion is to relate to the good governance of the district.
(4) The CEO—
(a) may, with the concurrence of the President, may exclude from the notice paper any notice of
motion deemed to be, or likely to involve, a breach of any of this local law or any other written
law;
(b) will inform Members on each occasion that a notice has been excluded and the reasons for
that exclusion;
(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; and
(d) may provide to the Council relevant and material facts and circumstances pertaining to the
notice of motion on such matters as policy, budget and law.
(5) A motion of which notice has been given is to lapse unless—
(a) the Member who gave notice of it, or some other Member authorised by the originating
Member in writing, moves the motion when called on; or
(b) the Council on a motion agrees to defer consideration of the motion to a later stage or date.
5 March 2021 GOVERNMENT GAZETTE, WA 987
(6) If a notice of motion is given and lapses under subclause (5), notice of a motion in the same terms
or to the same effect is not to be given again for at least 3 months from the date of such lapse.
5.4 New business of an urgent nature
(1) In cases of extreme urgency or other special circumstances, matters may, on a motion by the
Presiding Member that is carried by the meeting, be raised without notice and decided by the
meeting.
(2) In subclause (1), ‘cases of extreme urgency or other special circumstances’ means matters that
have arisen after the preparation of the agenda that are considered by the Presiding Member to be of
such importance and urgency that they are unable to be dealt with administratively by the Local
Government and must be considered and dealt with by the Council before the next meeting.
5.5 Adoption by exception resolution
(1) In this 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 officer recommendation as the
Council resolution.
(2) Subject to subclause (3), the Local Government may pass an adoption by exception resolution.
(3) An adoption by exception resolution may not be used for a matter—
(a) in which an interest has been disclosed;
(b) that has been the subject of a petition or deputation;
(c) that is a matter on which a Member wishes to make a statement; or
(d) that is a matter on which a Member wishes to move a motion that is different to the
recommendation.
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 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) the CEO; and
(iii) any Officer 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) 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 8.9 is to be
suspended until the Council or the committee, by resolution, decides otherwise.
(6) A resolution under this clause may be made without notice.
(7) Unless the Council resolves otherwise, once the meeting is reopened to members of the public, the
Presiding Member is to ensure that any resolution of the Council made while the meeting was closed
is to be read out including a vote of a Member to be included in the minutes.
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 Regulations.
6.5 Minimum question time for the public
Minimum question time for the public is dealt with in the Regulations.
6.6 Procedures for question time for the public
Procedures for question time for the public are dealt with in the Regulations.
6.7 Other procedures for question time for the public
(1) A member of the public who raises a question during question time, is to state his or her name and
address.
(2) A question may be taken on notice by the Council 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; and
(b) a summary of the response is included in the agenda of the next meeting of the Council.