Standing Orders Local Law 2018
!2018063GG! 1451 ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041 PERTH, THURSDAY, 3 MAY 2018 No. 63 SPECIAL PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON © STATE OF WESTERN AUSTRALIA WESTERN AUSTRALIAN GOVERNMENT LOCAL GOVERNMENT ACT 1995
CITY OF KARRATHA ——————————— STANDING ORDERS LOCAL LAW 2018
3 May 2018 GOVERNMENT GAZETTE, WA 1453 LOCAL GOVERNMENT ACT 1995 CITY OF KARRATHA STANDING ORDERS LOCAL LAW 2018 CONTENTS PART 1—PRELIMINARY 1.1 Citation 1.2 Commencement 1.3 Application 1.4 Interpretation 1.5 Repeal PART 2—CALLING MEETINGS 2.1 Ordinary and Special Council meetings 2.2 Calling Council meetings 2.3 Convening Council meetings 2.4 Calling Committee meetings 2.5 Public notice of meeting PART 3—BUSINESS OF THE MEETING 3.1 Business to be Specified on Notice Paper 3.2 Order of Business 3.3 Public Question Time 3.4 Petitions 3.5 Confirmation of minutes 3.6 Announcements by the Presiding Member without discussion 3.7 Motions of which previous notice has been given 3.8 Questions by members of which due notice has been given 3.9 Urgent business approved by the Presiding Member or by decision 3.10 Deputations PART 4—MATTERS BEHIND CLOSED DOORS 4.1 Confidentiality of information withheld PART 5—QUORUM 5.1 Quorum to be present 5.2 Loss of Quorum during a meeting PART 6—MINUTES OF MEETINGS 6.1 Reason for decisions 6.2 Keeping of minutes 6.3 Content of minutes 6.4 Public inspection of unconfirmed minutes 6.5 Preservation of minutes PART 7—CONDUCT OF PERSONS AT COUNCIL AND COMMITTEE MEETINGS 7.1 Official Titles to be used 7.2 Members to occupy own seats 7.3 Leaving meetings 7.4 Adverse reflection 7.5 Recording of proceedings 7.6 Prevention of disturbance
1454 GOVERNMENT GAZETTE, WA 3 May 2018 PART 8—CONDUCT OF MEMBERS DURING DEBATE 8.1 Priority 8.2 The Presiding Member to take part in the debates 8.3 Relevance 8.4 Limitation of number of speeches 8.5 Limitation of duration of speeches 8.6 Members not to speak after conclusion of debate 8.7 Members not to interrupt 8.8 Re-opening discussion on decisions PART 9—PROCEDURES FOR DEBATE OF MOTIONS 9.1 Motions to be stated 9.2 Motions to be supported 9.3 Unopposed business 9.4 Only one substantive motion considered 9.5 Breaking down of complex questions 9.6 Order of call in debate 9.7 Limit of debate 9.8 Member may require questions to be read 9.9 Consent of seconder required to accept alternation of wording 9.10 Order of amendments 9.11 Amendments must not negate original motion 9.12 Mover of motion not to speak on amendment 9.13 Substantive motion 9.14 Withdrawal of motion and amendments 9.15 Limitation of withdrawal 9.16 Personal explanation 9.17 Personal explanation—when heard 9.18 Ruling on questions of personal explanation 9.19 Right of reply 9.20 Right of reply provisions PART 10—PROCEDURAL MOTIONS 10.1 Permissible procedural motions 10.2 No debate on procedural motions 10.3 Procedural motions—closing debate—who may move 10.4 Procedural motions—right of reply on substantive motion PART 11—EFFECT OF PROCEDURAL MOTIONS 11.1 Council (or Committee) to proceed to the next business—effect of motion 11.2 Question to be adjourned—effect of motion 11.3 Council (or Committee) to now adjourn—effect of motion 11.4 Question to be put—effect of motion 11.5 Member to be no longer heard—effect of motion 11.6 Ruling of the Presiding Member disagreed with—effect of motion 11.7 Council (or Committee) to meet behind closed doors—effect of motion PART 12—MAKING DECISIONS 12.1 Question—when put 12.2 Question—method of putting PART 13—IMPLEMENTING DECISIONS 13.1 Implementation of a decision PART 14—PRESERVING ORDER 14.1 The Presiding Member to preserve order 14.2 Demand for withdrawal 14.3 Points of order—when to raise—procedure 14.4 Points of order—when valid 14.5 Points of order—ruling 14.6 Points of order—ruling conclusive, unless dissent motion is moved 14.7 Points of order take precedence 14.8 Precedence of Presiding Member 14.9 Right of the Presiding Member to adjourn without explanation to regain order
3 May 2018 GOVERNMENT GAZETTE, WA 1455 PART 15—ADJOURNMENT OF MEETING 15.1 Meeting may be adjourned 15.2 Limit to moving adjournment 15.3 Unopposed business—motion for adjournment 15.4 Withdrawal of motion for adjournment 15.5 Time to which adjourned PART 16—COMMITTEES OF THE COUNCIL 16.1 Establishment and appointment of Committees 16.2 Appointment of Deputy Committee members 16.3 Presentation of Committee reports 16.4 Reports of Committees—questions 16.5 Permissible motions on recommendation from Committee 16.6 Standing Orders apply to Committees PART 17—ADMINISTRATIVE MATTERS 17.1 Suspension of Standing Orders 17.2 Cases not provided for in Standing Orders PART 18—COMMON SEAL 18.1 The Council’s Common Seal
3 May 2018 GOVERNMENT GAZETTE, WA 1457 LOCAL GOVERNMENT ACT 1995 CITY OF KARRATHA STANDING ORDERS LOCAL LAW 2018 Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the City of Karratha resolved on 16 April 2018 to make the following local law. PART 1—PRELIMINARY 1.1 Citation (1) This Local Law may be cited as the City of Karratha Standing Orders Local Law 2018. (2) In the clauses to follow, this Local Law is referred to as “the Standing Orders”. 1.2 Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. 1.3 Application All meetings of the Council or a Committee and other matters as prescribed are to be conducted in accordance with the Act, the Regulations and this local law. 1.4 Interpretation (1) In this local law unless the context otherwise requires— Act means the Local Government Act 1995 and includes regulations and other subsidiary legislation made under the Act; CEO means the Chief Executive Officer or Acting Chief Executive Officer for the time being of the City of Karratha; Committee means a Committee of the Council; Council means the Council of the City of Karratha; local government means the City of Karratha; Presiding Member means the presiding member of a Committee or the deputy presiding member, or a member of the Committee when performing a function of the presiding member in accordance with the Act; Regulations means the Local Government (Administration) Regulations 1996; Mayor means the Mayor of the local government; simple majority is more than 50% of the members present and voting; and substantive motion means an original motion or an original motion as amended, but does not include an amendment or a procedural motion. (2) Unless otherwise defined herein the terms and expressions used in the Standing Orders are to have the meaning given to them in the Act and Regulations. 1.5 Repeal The Shire of Roebourne Local Law relating to Standing Orders published in the Government Gazette on 23 March 1999 is repealed. PART 2—CALLING MEETINGS 2.1 Ordinary and Special Council meetings (1) Ordinary and Special Council meetings are dealt with in the Act. (2) An ordinary meeting of the Council held on a monthly basis or otherwise determined by the Council, is for the purpose of considering and dealing with the ordinary business of the Council. (3) A special meeting of the Council is held for the purpose of considering and dealing with Council business that is urgent, complex in nature, for a particular purpose or confidential.
1458 GOVERNMENT GAZETTE, WA 3 May 2018 2.2 Calling Council meetings The calling of Council meetings is dealt with in the Act. 2.3 Convening Council meetings The convening of Council meetings is dealt with in the Act. 2.4 Calling Committee meetings The CEO is to call a meeting of any Committee when requested to do so verbally or in writing by— (a) the Mayor or the Presiding Member of a Committee; or (b) 1/3 of the members of the Committee; or (c) If so decided by the Council. 2.5 Public notice of meeting Public notice of meetings is dealt with by Regulation 12 of the Regulations. PART 3—BUSINESS OF THE MEETING 3.1 Business to be Specified on Notice Paper (1) No business is to be transacted at any ordinary meeting of the Council other than that specified in the agenda, without the approval of the Presiding Member or a decision of the Council. (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 given in the notice as the purpose of the meeting, without the approval of the Presiding Member or a decision of the Committee. (4) No business is to be transacted at an adjourned meeting of the Council or a Committee other than that— (a) specified in the notice of the meeting which had been adjourned; and (b) which remains unresolved; except in the case of an adjournment to the next ordinary meeting of the Council or the Committee, when the business unresolved at the adjourned meeting is to have precedence at that ordinary meeting. 3.2 Order of Business (1) The order of business of an ordinary meeting of the Council shall be determined by the local government from time to time. (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. 3.3 Public Question Time (1) Procedures for public question time are dealt with in sections 5.24(1), 5.24(2) of the Act and Regulations 5, 6, and 7 of the Regulations. (2) A member of the public who raises a question during question time is to provide his or her name and address. (3) Questions asked by members of the public are not to be accompanied by any statement reflecting adversely upon any member or employee. (4) The Council is not required to answer a question that does not relate to a matter affecting the local government or does not relate to the purpose of a special Council meeting. 3.4 Petitions A petition, in order to be effective, 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 names, addresses and signatures of the electors making the request and the date each elector signed; (e) contain a summary of the reasons for the request; (f) state the name of the person upon whom, and an address at which, notice to the petitioners can be given; and (g) be in the form prescribed by the Act and Local Government (Constitution) Regulations 1998 if it is— (i) a request for a poll on a recommended amalgamation; or (ii) a submission about changes to wards, the name of a district or ward or the number of Councillors for a district or ward.
3 May 2018 GOVERNMENT GAZETTE, WA 1459 3.5 Confirmation of minutes (1) When minutes of a meeting are submitted to an ordinary meeting of the Council or Committee for confirmation, if a member is dissatisfied with the accuracy of the minutes, then he or she is to— (a) state the item or items with which he or she is dissatisfied; and (b) propose a motion clearly outlining the alternative wording to amend the minutes. (2) Discussion of any minutes, other than discussion as to their accuracy as a record of the proceedings, is not permitted. 3.6 Announcements by the Presiding Member without discussion (1) At any meeting of the Council or a Committee the Presiding Member may announce or raise any matter of interest or relevance to the business of the Council or Committee, or propose a change to the order of business. (2) Any member may move that a change in order of business proposed by the Presiding Member not be accepted and if carried by a majority of members present, the proposed change in order is not to take place. 3.7 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. (2) A notice of motion under subclause (1) is to be given a least 48 hours before the meeting at which the motion is moved. (3) A notice of motion is to relate to the good government of persons in the district. (4) The CEO— (a) with the concurrence of the Mayor, may exclude from the notice paper any notice of motion deemed to be out of order; or (b) may on his or her own initiative make such amendments to the form but not the substance thereof as will bring the notice of motion into due form; and (c) may under his or her name provide relevant and material facts and circumstances pertaining to the notice of motion on such matters as policy, budget and law. (5) No notice of motion is to be out of order because the policy involved is considered to be objectionable. (6) A motion of which notice has been given is to lapse unless— (a) the member who gave notice thereof, or some other member authorised by him or her 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. (7) If a notice of motion is given and lapses in the circumstances referred to in subclause (6)(a), notice of motion in the same terms or the same effect is not to be given again for at least three months from the date of such lapse. 3.8 Questions by members of which due notice has been given (1) A question on notice is to be given by a member in writing to the CEO at least 48 hours before the meeting at which it is raised. (2) If the question referred to in subclause (1) is in order, the answer is, so far as is practicable, to be included in written form in the agenda of the meeting, or otherwise tabled at that meeting. (3) Every question and answer is to be submitted as briefly and concisely as possible and no discussion is to be allowed thereon, unless with the consent of the Presiding Member. 3.9 Urgent business approved by the Presiding Member or by decision In cases of extreme urgency or other special circumstance, matters may, with the consent of the Presiding Member, or by decision of the members present, be raised without notice and decided by the meeting. 3.10 Deputations (1) A deputation wishing to be received by the Council or a Committee is to apply in writing to the CEO who is to forward the written request to the Mayor or the Presiding Member as the case may be. (2) The Mayor, if the request is to attend a Council Meeting, or the Presiding Member of the Committee, if the request is to attend a meeting of a Committee, may either approve the request, in which event the deputation will be invited to attend a meeting of the Council or Committee as the case may be, or the request may be referred to the Council or Committee to decide by simple majority whether or not to receive the deputation. (3) A deputation invited to attend a Council or Committee meeting— (a) is not to exceed five persons, only two of whom may address the Council or Committee, although others may respond to specific questions from the members; and (b) is not to address the Council or Committee for a period exceeding five minutes without the agreement of the Council or the Committee as the case requires. (4) Any matter which is the subject of a deputation to the Council or a Committee is not to be decided by the Council or that Committee until the deputation has completed its presentation.
1460 GOVERNMENT GAZETTE, WA 3 May 2018 PART 4—MATTERS BEHIND CLOSED DOORS 4.1 Confidentiality of information withheld (1) Information withheld by the CEO from members of the public under Regulation 14.2, of the Regulations, is to be— (a) identified in the agenda of a Council or Committee meeting under the item “Matters behind closed doors”; and (b) marked “confidential” in the agenda. (2) A member of the Council or a Committee or an employee of the Council in receipt of confidential information is not to disclose such information to any person other than a member of the Council or the Committee or an employee of the Council to the extent necessary for the purpose of carrying out his or her duties. Penalty $5,000 PART 5—QUORUM 5.1 Quorum to be present The Council or a Committee is not to transact business at a meeting unless a quorum is present. 5.2 Loss of Quorum during a meeting (1) If at any time during the course of a meeting of the Council or a Committee a quorum is not present— (a) in relation to a particular matter because of a member or members leaving the meeting after disclosing a financial interest, the matter is adjourned until either— (i) a quorum is present to decide the matter; or (ii) the Minister allows a disclosing member or members to preside at the meeting or to participate in discussions or the decision making procedures relating to the matter under section 5.69 of the Act; or (b) because of a member or members leaving the meeting for reasons other than disclosure of a financial interest, the Presiding Member is to suspend the proceedings of the meeting for a period of five minutes, and if a quorum is not present at the end of that time, the meeting is deemed to have been adjourned and the Presiding Member is to reschedule it to some future time or date having regard to the period of notice which needs to be given under the Act, Regulations, or the Standing Orders when calling a meeting of that type. (2) Where debate on a motion is interrupted by an adjournment under subclause (1)(b)— (a) the debate is to be resumed at the next meeting at the point where it was so interrupted; and (b) in the case of a Council meeting— (i) the names of members who have spoken on the matter prior to the adjournment are to be recorded in the minutes; and (ii) the provisions of clause 8.5 apply when the debate is resumed. PART 6—MINUTES OF MEETINGS 6.1 Reason for decisions In addition to the matters contained in Regulation 11 of the Regulations, the content of minutes of a meeting of the Council or a Committee is to include, where an application for approval is declined or the authorisation of a licence, permit, or certificate is otherwise withheld or cancelled, the reasons for the decision. 6.2 Keeping of minutes The keeping and confirmation of minutes are dealt with in the Act. 6.3 Content of minutes (1) The content of minutes is dealt with in the Regulations. (2) In addition to the matters required by Regulation 11 of the Regulations, the minutes of a Council meeting are to include, where an application for approval is refused or the authorisation of a licence, permit or certificate is withheld or cancelled, the reasons for the decision. 6.4 Public inspection of unconfirmed minutes The public inspection of unconfirmed minutes is dealt with in the Regulations. 6.5 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 State Records Office of Western Australia, in accordance with the retention and disposal policy determined by that office from time to time.
3 May 2018 GOVERNMENT GAZETTE, WA 1461 PART 7—CONDUCT OF PERSONS AT COUNCIL AND COMMITTEE MEETINGS 7.1 Official Titles to be used Members of the Council are to speak of each other in the Council or Committee by their respective titles of Mayor or Councillor. Members of the Council, in speaking of or addressing employees, are to designate them by their respective official titles. 7.2 Members to occupy own seats At the first meeting held after each ordinary elections day, a position at the Council table is to be allotted by random draw to each Councillor and the Councillor is to occupy that position when present at meetings of the Council until such time as there is a call by a majority of Councillors for a re- allotment of positions. 7.3 Leaving meetings During the course of a meeting of the Council or a Committee, no member is to enter or leave the meeting without first advising the Presiding Member, in order to facilitate the recording in the minutes of the time of entry or departure. 7.4 Adverse reflection (1) No member of the Council or a Committee is to reflect adversely upon a decision of the Council or Committee except on a motion that the decision be revoked or changed, unless the meeting resolves, without debate, that the matter before the meeting cannot otherwise be adequately considered. (2) No member of the Council or a Committee is to use offensive or objectionable expressions in reference to any member, employee of the Council, or any other person. Penalty $1,000 (3) If a member of the Council or Committee specifically requests, immediately after their use, that any particular words used by a member be recorded in the minutes, the Presiding Member is to cause the words used to be taken down and read to the meeting for verification and to then be recorded in the minutes. 7.5 Recording of proceedings (1) No person is to use any electronic, visual or audio recording device or instrument to record the proceedings of the Council or a Committee without the written permission of the Council. (2) Subclause (1) does not apply if the record is taken by or at the direction of the CEO. (3) If a recording is made at the direction of the CEO, the Presiding Member is to advise the meeting, immediately before the recording is commenced, that such direction has been given and the nature and extent of that direction. 7.6 Prevention of disturbance (1) Any member of the public 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 take direction from the Presiding Member whenever called upon to do so. Penalty $1,000 (2) No person observing a meeting, is to create a disturbance at a meeting, by interrupting of interfering with the proceedings, whether by expressing approval or dissent, by conversing or by any other means. Penalty $1,000 PART 8—CONDUCT OF MEMBERS DURING DEBATE 8.1 Priority In the event of two or more members of the Council or a Committee wishing to speak at the same time, the Presiding Member is to decide which member is entitled to be heard first. The decision is not open to discussion or dissent. 8.2 The Presiding Member to take part in the debates Unless otherwise prohibited by the Act and subject to compliance with procedures for the debate of motions contained in this local law, the Presiding Member may take part in a discussion of any matter before the Council or Committee, as the case may be. 8.3 Relevance Every member of the Council or a Committee is to restrict his or her remarks to the motion or amendment under discussion, or to a personal explanation or point of order. 8.4 Limitation of number of speeches No member of the Council is to address the Council more than once on any motion or amendment before the Council except the mover of a substantive motion, in reply, or to a point of order, or in explanation. 8.5 Limitation of duration of speeches All addresses are to be limited to a maximum of three minutes. Extension of time is permissible only with the agreement of a simple majority of members present.
1462 GOVERNMENT GAZETTE, WA 3 May 2018 8.6 Members not to speak after conclusion of debate No member of the Council or a Committee is to speak to any question after it has been put by the Presiding Member. 8.7 Members not to interrupt No member of the Council or a Committee is to interrupt another member of the Council or Committee whilst 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 9.16; or (d) to move a motion under clause 10.1(e). 8.8 Re-opening discussion on decisions No member of the Council or a Committee is to re-open discussion on any decision of the Council or Committee, except for the purpose of moving that the decision be revoked or changed. PART 9—PROCEDURES FOR DEBATE OF MOTIONS 9.1 Motions to be stated Any member of the Council or a Committee who moves a substantive motion or amendment to a substantive motion is to state the substance of the motion before speaking to it. 9.2 Motions to be supported No motion or amendment to a substantive motion is open to debate until it has been seconded, or, in the case of a motion to revoke or change the decision made at a Council or a Committee meeting, unless the motion has the support required under Regulation 10 of the Regulations. 9.3 Unopposed business (1) Upon a motion being moved and seconded, the Presiding Member may ask the meeting if any member opposes it. (2) If no member signifies opposition to the motion the Presiding Member may declare the motion in subclause (1) carried without debate and without taking a vote on it. (3) A motion carried under subclause (2) is to be recorded in the minutes as a unanimous decision of the Council or Committee. (4) If a member signifies opposition to a motion, the motion is to be dealt with according to this Part. (5) This clause does not apply to any motion or decision to revoke or change a decision which has been made at a Council or Committee meeting. 9.4 Only one substantive motion considered When a substantive motion is under debate at any meeting of the Council or a Committee, no further substantive motion is to be accepted. 9.5 Breaking down of complex questions The Presiding Member may order a complex question to be broken down and put in the form of several motions, which are to be put in sequence. 9.6 Order of call in debate The Presiding Member is to call speakers to a substantiative 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) A speaker against the motion; (e) A speaker for the motion; (f) Other speakers against and for the motion, alternating in view, if any; and (g) Mover takes right of reply which closes debate. 9.7 Limit of debate The Presiding Member may offer the right of reply and put the motion to the vote, but only after points (e) to (g) in clause 9.6 have been performed, if he or she believes sufficient discussion has taken place even though all members may not have spoken. 9.8 Member may require questions to be read Any member may require the question or matter under discussion to be read at any time during the debate, but not so as to interrupt any other member whilst speaking. 9.9 Consent of seconder required to accept alternation of wording The mover of a substantive motion may not alter the wording of the motion without the consent of the seconder.
3 May 2018 GOVERNMENT GAZETTE, WA 1463 9.10 Order of amendments Any number of amendments may be proposed to a motion, but when an amendment is moved to a substantive motion, no second or subsequent amendment is to be moved or considered until the first amendment has been withdrawn or lost. 9.11 Amendments must not negate original motion No amendment to a motion can be moved which negates the original motion or the intent of the original motion. 9.12 Mover of motion not to speak on amendment On an amendment being moved, any member may speak to the amendment, provided that if the person who moved the substantive motion does choose to speak to the amendment, the right of reply is forfeited by that person. 9.13 Substantive motion 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 any further amendment may be moved. 9.14 Withdrawal of motion and amendments Council or a Committee may, without debate, grant leave to withdraw a motion or amendment upon request of the mover of the motion or amendment and with the approval of the seconder provided that there is no voice expressed to the contrary view by any member, in which case discussion on the motion or amendment is to continue. 9.15 Limitation of withdrawal 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. 9.16 Personal explanation (1) No member is to speak at any meeting of the Council or a Committee, except upon the matter before the Council or Committee, unless it is to make a personal explanation. (2) Any member of the Council or Committee who is permitted to speak under subclause (1) is to confine the observations to a succinct statement relating to a specific part of the former speech which may have been misunderstood. (3) When a member of the Council or Committee wishes to explain subclause (2), no reference is to be made to matters unnecessary for that purpose. 9.17 Personal explanation—when heard A member of the Council or a Committee wishing to make a personal explanation of matters referred to by any member of the Council or Committee then speaking, is entitled to be heard immediately, if the member of the Council or Committee then speaking consents at the time, but if the member of the Council or Committee who is speaking declines to give way, the explanation is to be offered at the conclusion of that speech. 9.18 Ruling on questions of personal explanation The ruling of the Presiding Member on the admissibility of a personal explanation is final unless a motion of dissent with the ruling is moved before any other business proceeds. 9.19 Right of reply (1) The mover of a substantive motion has the right of reply. After the mover of the substantive motion has commenced the reply, no other member is to speak on the question. (2) The right of reply is to be confined to rebutting arguments raised by previous speakers and no new matter is to be introduced. 9.20 Right of reply provisions The right of reply is governed by the following provisions— (a) if no amendment is moved to the substantive motion, the mover may reply at the conclusion of the discussion on the motion; (b) if an amendment is moved to the substantive motion the mover of the substantive motion is to take the right of reply at the conclusion of the vote on any amendments; (c) the mover of any amendments does not have a right of reply; (d) once the right of reply has been taken, there can be no further discussion, nor any other amendment and the original motion or the original motion as amended is immediately put to the vote; and (e) All right of reply speeches to be limited to a maximum of three minutes. PART 10—PROCEDURAL MOTIONS 10.1 Permissible procedural motions In addition to proposing a properly worded amendment to a substantive motion, it is permissible for a member to move the following procedural motions— (a) that the Council (or Committee) proceed to the next business; (b) that the question be adjourned;
1464 GOVERNMENT GAZETTE, WA 3 May 2018 (c) that the Council (or Committee) now adjourn; (d) that the question be now put; (e) that the member be no longer heard; (f) that the ruling of the Presiding Member be disagreed with; or (g) that the Council (or Committee) meet behind closed doors, if the meeting or part of the meeting to which the motion relates is a matter in respect of which the meeting may be closed to members of the public under section 5.23 of the Act. 10.2 No debate on procedural motions (1) The mover of a motion stated in each of paragraphs (a), (b), (c), (f) and (g) of clause 10.1 may speak to the motion for not more than three minutes, the seconder is not to speak other than to formally second the motion and there is to be no debate on the motion. (2) The mover of a motion stated in each of paragraphs (d) and (e) of Clause 10.1 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. 10.3 Procedural motions—closing debate—who may move No person who has moved, seconded, or spoken for or against the substantive motion, or any amendment may move any procedural motion which, if carried, would close the debate on the substantive motion or amendment. 10.4 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 or amendment does not deny the right of reply to the mover of the substantive motion. PART 11—EFFECT OF PROCEDURAL MOTIONS 11.1 Council (or Committee) to proceed to the next business—effect of motion (1) The motion “that the Council (or Committee) proceed to the next business”, if carried, causes the debate to cease immediately and for the Council (or Committee) to move to the next business of the meeting. (2) No decision will be made on the substantive motion in subclause (1) being discussed, nor is there any requirement for the matter to be again raised for consideration. 11.2 Question to be adjourned—effect of motion (1) The motion “that the question be adjourned”, if carried causes all debate on the substantive motion or amendment to cease but to continue at a time stated in the motion. (2) If the motion is carried at a meeting of the Council— (a) the names of members who have spoken on the matter are to be recorded in the minutes; and (b) the provisions of clause 8.4 apply when the debate is resumed. 11.3 Council (or Committee) to now adjourn—effect of motion (1) The motion “that the Council (or Committee) now adjourn”, if carried, causes the meeting to stand adjourned until it is re-opened at which time the meeting continues from the point at which it was adjourned, unless the Presiding Member or a simple majority of members upon vote, determine otherwise. (2) Where debate on a motion is interrupted by an adjournment under subclause (1)— (a) the debate is to be resumed at the next meeting at the point where it was so interrupted; and (b) in the case of a Council meeting (i) the names of members who have spoken on the matter prior to the adjournment are to be recorded in the minutes; and (ii) the provisions of clause 8.4 apply when the debate is resumed. 11.4 Question to be put—effect of motion (1) The motion “that the question be now put”, if carried during discussion of a substantive motion without amendment, causes the Presiding Member to offer the right to reply and then immediately put the matter under consideration without further debate. (2) This motion, if carried during discussion of an amendment, causes the Presiding Member to put the amendment to the vote without further debate. (3) This motion, if lost, causes debate to continue. 11.5 Member to be no longer heard—effect of motion The motion “that the member be no longer heard”, if carried, causes the Presiding Member to not allow the speaker against whom the motion has been moved to speak to the current substantive motion or any amendment relating to it, except to exercise the right of reply if the person is the mover of the substantive motion. 11.6 Ruling of the Presiding Member disagreed with—effect of motion The motion “that the ruling of the Presiding Member be disagreed with”, if carried, causes the ruling of the Presiding Member about which this motion was moved, to have no effect and for the meeting to proceed accordingly.
3 May 2018 GOVERNMENT GAZETTE, WA 1465 11.7 Council (or Committee) to meet behind closed doors—effect of motion (1) Subject to any deferral under clause 3.7 or other decision of the Council or Committee, this motion, if carried, causes the general public and any officer or employee the Council or Committee determines, to leave the room. (2) While a decision made under this clause is in force, the operation of clause 8.4 limiting the number of speeches a member of the Council may make, is suspended unless the Council decides otherwise. (3) Upon the public again being admitted to the meeting, the Presiding Member, unless the Council or Committee decides otherwise, is to cause the motions passed by the Council or Committee whilst it was proceeding behind closed doors to be read out including the vote of a member or members to be recorded in the minutes under section 5.21 of the Act. (4) A person who is a Council member, a Committee member, or an employee is not to publish, or make public any of the discussion taking place on a matter discussed behind closed doors, but this prohibition does not extend to the actual decision made as a result of such discussion and other information properly recorded in the minutes. Penalty $5,000 PART 12—MAKING DECISIONS 12.1 Question—when put When the debate upon any question is concluded and the right of reply has been exercised, the Presiding Member shall immediately put the question to the Council or the Committee, and, if so desired by any member of the Council or Committee, shall again state it. 12.2 Question—method of putting If a decision of the Council or a Committee is unclear or in doubt, the Presiding Member shall put the motion or amendment as often as necessary to determine the decision from a show of hands or other method agreed upon so that no voter’s vote is secret, before declaring the decision. PART 13—IMPLEMENTING DECISIONS 13.1 Implementation of a decision (1) If a notice of motion to revoke or change a decision of the Council or a Committee is received before any action has been taken to implement that decision, then no steps are to be taken to implement or give effect to that decision until such time as the motion of revocation or change has been dealt with, except that— (a) if a notice of motion to revoke or change a decision of the Council or a Committee is given during the same meeting at which the decision was made, the notice of motion is of no effect unless the number of members required to support the motion under Regulation 10 of the Regulations indicate their support for the notice of motion at that meeting; and (b) if a notice of motion to revoke or change a decision of the Council or a Committee is received after the closure of the meeting at which the decision was made, implementation of the decision is not to be withheld unless the notice of motion has the support in writing, of the number of members required to support the motion under Regulation 10 of the Regulations. (2) Implementation of a decision is only to be withheld under subclause (1) if the effect of the change proposed in a notice of motion would be that the decision would be revoked or would become substantially different. (3) The Council or a Committee shall not vote on a motion to revoke or change a decision of the Council or Committee whether the motion of revocation or change is moved with or without notice, if at the time the motion is moved or notice is given— (a) action has been taken to implement the decision; or (b) where the decision concerns the issue of an approval or the authorisation of a licence, permit or certificate, and where that approval or authorisation of a licence, permit or certificate has been put into effect by the Council in writing to the applicant or the applicant’s agent by an employee of the Council authorised to do so; without having considered a statement of impact prepared by or at the direction of the CEO of the legal and financial consequences of the proposed revocation or change. PART 14—PRESERVING ORDER 14.1 The Presiding Member to preserve order The Presiding Member is to preserve order and may call any member or other person in attendance to order, whenever, in his or her opinion, there is cause for so doing. 14.2 Demand for withdrawal A member at a meeting of the Council or a Committee may be required by the Presiding Member, or by a decision of the Council or Committee, to apologise and unreservedly withdraw any expression which is considered to reflect offensively on another member or an employee, and if the member declines or neglects to do so, the Presiding Member may refuse to hear the member further upon the matter then under discussion and call upon the next speaker.
1466 GOVERNMENT GAZETTE, WA 3 May 2018 14.3 Points of order—when to raise—procedure Upon a matter of order arising during the progress of a debate, any member may raise a point of order including interrupting the speaker. Any member who is speaking when a point of order is raised, is to immediately stop speaking while the Presiding Member listens to the point of order. 14.4 Points of order—when valid 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 offensive or insulting language is being used; or (c) drawing attention to the violation of any written law, or policy of the Local Government, provided that the member making the point of order states the written law or policy believed to be breached. 14.5 Points of order—ruling The Presiding Member is to give a decision on any point of order which is raised by either upholding or rejecting the point of order. 14.6 Points of order—ruling conclusive, unless dissent motion is moved The ruling of the Presiding Member upon any question of order is final, unless a majority of the members support a motion of dissent with the ruling. 14.7 Points of order take precedence Notwithstanding anything contained in this local law to the contrary, all points of order take precedence over any other discussion and until decided, suspend the consideration and decision of every other matter. 14.8 Precedence of Presiding Member (1) When the Presiding Member rises during the progress of a debate, any member of the Council or Committee then speaking, or offering to speak and every member of the Council or Committee present shall preserve strict silence so that the Presiding Member may be heard without interruption. Penalty $500 (2) Subclause (1) is not to be used by the Presiding Member to exercise the right provided in Clause 8.2, but to preserve order. 14.9 Right of the Presiding Member to adjourn without explanation to regain order (1) If a meeting ceases to operate in an orderly manner, the Presiding Member may use discretion to adjourn the meeting for a period of up to 15 minutes without explanation, for the purpose of regaining order. (2) Upon resumption, debate is to continue at the point at which the meeting was adjourned. (3) If, at any one meeting, the Presiding Member has cause to further adjourn the meeting, such adjournment may be to a later time on the same day or to any other day. (4) Where debate of a motion is interrupted by an adjournment under subclause (1), in the case of a Council meeting— (a) the names of members who have spoken on the matter prior to the adjournment are to be recorded; and (b) the provisions of clause 8.4 apply when the debate is resumed. PART 15—ADJOURNMENT OF MEETING 15.1 Meeting may be adjourned The Council or a Committee may decide to adjourn any meeting to a later time on the same day, or to any other day. 15.2 Limit to moving adjournment No member is to move or second more than one motion of adjournment during the same sitting of the Council or Committee. 15.3 Unopposed business—motion for adjournment On a motion for the adjournment of the Council or Committee, the Presiding Member, before putting the motion, may seek leave of the Council or Committee to proceed to the transaction of unopposed business. 15.4 Withdrawal of motion for adjournment A motion or an amendment relating to the adjournment of the Council or a Committee may be withdrawn by the mover, with the consent of the seconder, except that if any member objects to the withdrawal, debate of the motion is to continue. 15.5 Time to which adjourned The time to which a meeting is adjourned for want of a quorum, by the Presiding Member to regain order, or by decision of the Council, may be to a specified hour on a particular day or to a time which coincides with the conclusion of another meeting or event on a particular day.
3 May 2018 GOVERNMENT GAZETTE, WA 1467 PART 16—COMMITTEES OF THE COUNCIL 16.1 Establishment and appointment of Committees (1) A Committee is not to be established except on a motion setting out the proposed functions of the Committee and either— (a) the names of the Council members, employees and other persons to be appointed to the Committee; or (b) the number of Council members, employees and other persons to be appointed to the Committee and a provision that they be appointed by a separate motion. (2) A motion setting out the proposed functions of a Committee established in subclause (1) shall also include details of any delegated authority provided to the Committee by Council. 16.2 Appointment of Deputy Committee members (1) The Council may appoint one or more persons to be the deputy or deputies, as the case may be, to act on behalf of a member of a Committee whenever that member is unable to be present at a meeting thereof and where two or more deputies are so appointed they are to have seniority in the order determined by the Council. (2) Where a member of a Committee does not attend a meeting thereof a deputy of that member, selected according to seniority, is entitled to attend that meeting in place of the member and act for the member, and while so acting has all the powers of that member. 16.3 Presentation of Committee reports When the report or recommendations of a Committee are placed before the Council, the adoption of recommendations of the Committee is to be moved by— (a) the Presiding Member of the Committee if the Presiding member is a Council member and is in attendance; or (b) a Council member who is a member of the Committee, if the Presiding Member of the Committee is not a Council member, or is absent; or (c) otherwise, by a Council member who is not a member of the Committee. 16.4 Reports of Committees—questions When a recommendation of any Committee is submitted for adoption by the Council, any member of the Council may direct questions directly relating to the recommendation through the Presiding Member to the Presiding Member or to any member of the Committee in attendance. 16.5 Permissible motions on recommendation from Committee A recommendation made by or contained in the minutes of a Committee may be adopted by the Council without amendment or modification, failing which, it may be— (a) rejected by the Council and replaced by an alternative decision; or (b) amended or modified and adopted with such amendment or modification; or (c) referred back to the Committee for further consideration. 16.6 Standing Orders apply to Committees Where not otherwise specifically provided, this local law applies generally to the proceedings of Committees, except that the following Standing Orders do not apply to the meeting of a Committee— (a) Clause 7.2, in regard to seating; (b) Clause 8.4, limitation on the number of speeches. PART 17—ADMINISTRATIVE MATTERS 17.1 Suspension of Standing Orders (1) The Council or a Committee may decide, by simple majority vote, to suspend temporarily one or more of the Standing Orders. (2) The mover of a motion to suspend temporarily any one or more of the Standing Orders is to state the clause or clauses to be suspended, and the purpose of the suspension. 17.2 Cases not provided for in Standing Orders (1) The Presiding Member is to decide questions of order, procedure, debate, or otherwise in cases where this local law and the Act and Regulations are silent. (2) The decision of the Presiding Member in these cases is final, except where a motion is moved and carried under clause 10.1(f). PART 18—COMMON SEAL 18.1 The Council’s Common Seal (1) The CEO is to have charge of the common seal of the local government, and is responsible for the safe custody and proper use of it.
1468 GOVERNMENT GAZETTE, WA 3 May 2018 (2) The common seal of the local government may only be used on the authority of the Council given either generally or specifically and every document to which the seal is affixed must be signed by— (a) the Mayor and the CEO or an appropriate officer authorised; (b) the Deputy Mayor and the CEO or an appropriate officer authorised; or (c) the CEO and an appropriate officer authorised. (3) Each date on which the common seal of the local government was affixed to a document, the nature of the document and the parties to any agreement to which the common seal was affixed is to be recorded in a register. (4) Any person who uses the common seal of the local government or a replica thereof without authority commits an offence. Penalty $1,000 ———— Signed by authorised representatives of Council, P. LONG, Mayor. C. ADAMS, Chief Executive Officer. ———————————