This Act creates elected local governments, defines their powers and procedures, and sets rules for money management — including rates, service charges, borrowing and budgets. Councils adopt budgets and set rates by absolute majority, and landowners are liable for rates/service charges (ss.6.32; 6.44).
It also establishes enforcement, review and oversight mechanisms: objection and SAT review rights, authorised officers and infringement procedures, ministerial directions and commissioner appointments, suspension/dismissal of councils or members, receivers on loan default, and transitional audit‑contract powers (ss.9.4; 9.10; 8.25; 6.21(3); 6.22–6.24; Clauses 51–52).
The Local Government Act 1995 (WA) is the foundational statute for the system of elected local government in Western Australia. It came into operation on 1 July 1996 and has been substantially amended many times, including significant reforms in 2016, 2019, 2023 and 2024. The Act establishes the constitutional, electoral, administrative and financial framework within which local governments operate across the state.
The Act's four stated purposes (section 1.3) are: better decision-making by local governments; greater community participation in local government decisions and affairs; greater accountability of local governments to their communities; and more efficient and effective local government.
The Act creates a comprehensive self-contained regime. It constitutes local governments (Part 2), defines their functions (Part 3), governs elections (Part 4), prescribes administrative obligations (Part 5), regulates financial management and rating (Part 6), provides for audit (Part 7), enables scrutiny of local government affairs (Part 8), creates a breach complaint system (Parts 8A and 8B), and addresses objections, review, enforcement and other miscellaneous matters (Part 9).
The Crown is not generally bound by the Act (section 1.6), except as expressly stated in specific provisions.
Main concepts
District. The state is divided into districts by Gubernatorial order on Ministerial recommendation, following recommendation by the Local Government Advisory Board (section 2.1). Each district is designated a city, town or shire (section 2.4). A city must have either more than 30,000 inhabitants (metropolitan) or more than 20,000 inhabitants (non-metropolitan), with more than half living in an urban area.
Current sections
Direct links to the current provisions in Local Government Act 1995.
58
Part 1
Introductory matters
Part 1 — Introductory matters
1.1. Short title 2
1.2. Commencement 2
1.3. Content and intent 2
1.4. Terms used 3
1.4A. Caretaker period 9
1.5. Descriptions in italics not part of the law 10
1.6. Crown not generally bound 10
1.7. Local public notice 10
1.8. Statewide public notice 11
1.9. Decisions by absolute majority 11
Part 2
Constitution of local government
Part 2 — Constitution of local government
Div 1
Districts and wards
Division 1 — Districts and wards
2.1. State divided into districts 12
2.2. Districts may be divided into wards 13
2.2A. Regulations may provide that district cannot be divided into wards 14
2.3. Names of districts and wards 14
2.4. District to be designated city, town or shire 15
Div 2
Local governments and councils of local governments
Division 2 — Local governments and councils of local governments
2.5. Local governments created as bodies corporate 16
2.6. Local governments to be run by elected councils 16
2.7. Role of council 17
2.8. Role of mayor or president 18
2.9. Role of deputy mayor or deputy president 19
2.10. Role of councillors 19
Div 3
How offices on the council are filled
Division 3 — How offices on the council are filled
2.11. Alternative methods of filling office of mayor or president 20
2.12. Electors may propose change of method 21
2.12A. Procedure to change method to election by council 21
2.12B. Regulations may require local government to use election by electors method 23
2.13. When new method takes effect 24
2.14. Extension of term in certain cases 25
2.15. Filling office of deputy mayor or deputy president 25
2.16. Filling offices of councillors 25
Div 4
Membership and size of the council
Division 4 — Membership and size of the council
2.16A. Terms used 26
2.16B. Population estimates 26
Subdiv 2
Membership and size
Subdivision 2 — Membership and size
2.17. Members of council where mayor or president elected by electors 28
2.17A. Members of council where mayor or president elected by council 29
Subdiv 3
Orders
Subdivision 3 — Orders
2.18. Fixing and changing number of councillors 30
2.18A. Change orders 31
Div 5
Qualifications for holding office on the council
Division 5 — Qualifications for holding office on the council
2.19. Qualifications for election to council 34
2.20. Members of parliament disqualified 35
2.21. Disqualification because of insolvency 36
2.22. Disqualification because of convictions 36
2.23. Disqualification because of membership of another council 37
2.24. Disqualification because of misapplication of funds or property 37
2.25. Disqualification for failure to attend meetings 37
2.25A. Disqualification because of recurrent suspension 39
2.26. Election to council terminates employment with local government 40
2.27. Procedure to determine qualification to retain membership of council 41
Div 6
Terms of office on the council and vacation of office
Division 6 — Terms of office on the council and vacation of office
2.28. Days on which terms begin and end 43
2.29. Declaration 47
2.30. Terms extended if ordinary elections delayed 48
2.31. Resignation 48
2.32. How extraordinary vacancies occur in offices elected by electors 48
2.34. How extraordinary vacancies occur in offices elected by council 49
2.35. Vacancies on restructure of districts, wards or membership 50
2.36. Vacancies on dismissal of council or council member 50
2.36A. Power to declare offices vacant if district to be abolished 51
2.37. Power to declare offices vacant 51
2.37A. Vacancies in all offices for any other reason 52
Div 7
Commissioners
Division 7 — Commissioners
2.38. Function of commissioner 52
2.39. Appointment of commissioner 53
2.40. Joint commissioners 53
2.41. Appointment, tenure, meetings etc. 53
2.42. Commissioner to make declaration 54
2.43. Applicability of certain provisions of this Act 54
Div 8
Local Government Advisory Board
Division 8 — Local Government Advisory Board
2.44. Advisory Board, establishment of 54
2.45. Advisory Board, functions of 55
Part 3
Functions of local governments
Part 3 — Functions of local governments
Division 1 — General
3.1. General function 56
3.2. Relationship to State Government 57
3.3. Act not to affect Crown’s rights concerning alienated land 57
3.4. Functions may be legislative or executive 57
Division 2 — Legislative functions of local governments
Subdiv 1
Local laws made under this Act
Subdivision 1 — Local laws made under this Act
3.5. Legislative power of local governments 58
3.6. Places outside district 59
3.7. Inconsistency with written laws 59
3.8. Local laws may adopt codes etc. 60
3.9. Model local laws 60
3.10. Creating offences and prescribing penalties 61
Subdivision 2 — Local laws made under any Act
3.11. Subdivision applies to local laws made under any Act 61
3.12. Procedure for making local laws 62
3.13. Procedure where significant change in proposal 65
3.14. Commencement of local laws 65
3.15. Local laws to be publicised 66
3.16. Periodic review of local laws 66
3.17. Governor may amend or repeal local laws 67
Division 3 — Executive functions of local governments
Subdivision 1 — Performing executive functions
3.18. Performing executive functions 68
3.19. Places to be regarded as within district 69
3.20. Performing functions outside district 69
3.21. Duties when performing functions 70
3.22. Compensation 71
3.23. Arbitration 72
Subdivision 2 — Certain provisions about land
3.24. Authorising persons under this Subdivision 72
3.25. Notices requiring certain things to be done by owner or occupier of land 73
3.26. Additional powers when notices given 74
3.27. Particular things local governments can do on land that is not local government property 75
Subdivision 3 — Powers of entry
3.28. When this Subdivision applies 76
3.29. Powers of entry are additional 76
3.30. Assistants and equipment 76
3.31. General procedure for entering property 76
3.32. Notice of entry 77
3.33. Entry under warrant 77
3.34. Entry in emergency 78
3.35. Purpose of entry to be given on request 79
3.36. Opening fences 79
Subdiv 4
Impounding abandoned vehicle wrecks and goods involved in certain contraventions
Subdivision 4 — Impounding abandoned vehicle wrecks and goods involved in certain contraventions
3.37. Contraventions that can lead to impounding 80
3.38. Terms used 80
3.39. Power to remove and impound 81
3.40. Vehicle may be removed if goods to be impounded are in or on vehicle 81
3.40A. Abandoned vehicle wreck may be taken 81
3.41. Impounded perishable goods, notice to collect 82
3.42. Impounded non‑perishable goods 83
3.43. Impounded non‑perishable goods, court may confiscate 83
3.44. Notice to collect goods if not confiscated 83
3.45. Notice to include warning 84
3.46. Goods may be withheld until costs paid 84
3.47. Confiscated or uncollected goods, disposal of 84
3.47A. Sick or injured animals, disposal of 86
3.48. Impounding expenses, recovery of 86
Subdiv 5
Certain provisions about thoroughfares
Subdivision 5 — Certain provisions about thoroughfares
3.50. Closing certain thoroughfares to vehicles 87
3.50A. Partial closure of thoroughfare for repairs or maintenance 88
3.51. Affected owners to be notified of certain proposals 89
3.52. Public access to be maintained and plans kept 90
Subdiv 6
Various executive functions
Subdivision 6 — Various executive functions
3.53. Control of certain unvested facilities 90
3.54. Reserves under control of local government 91
3.55. Acquisition of land 91
3.56. Tidal waters 92
3.57. Tenders for providing goods or services 92
3.58. Disposing of property 92
3.59. Commercial enterprises by local governments 94
3.60. No capacity to form or acquire control of body corporate 97
Division 4 — Regional local governments and regional subsidiaries
3.61. Establishing regional local government 98
3.62. Constitution and purpose of regional local government 98
3.63. Dissolution or partial dissolution of regional local government 99
3.64. Establishment agreement, what it must contain 99
3.65. Establishment agreement, amendment of 100
3.66. Application of enabling Acts to regional local government 101
3.67. Inconsistency between regional and other local laws 102
3.68. Other arrangements not affected 102
3.69. Regional subsidiaries 102
3.70. Regional subsidiaries to have charter 103
3.70A. Audit requirements for regional subsidiaries 104
3.70B. Principles affecting employment by regional subsidiaries 104
3.71. Regulations about regional subsidiaries 105
3.72. Other provisions and arrangements not affected 105
Division 5 — Caretaker period
3.73. Restrictions on what local government may do during caretaker period 106
Part 4
Elections and other polls
Part 4 — Elections and other polls
4.1. Terms used 109
4.1A. Conflict with Commonwealth or State election or referendum 110
4.1B. Polling day may be changed where conflict with Commonwealth or State election or referendum 111
4.1C. Orders mandating method of conducting election: postal elections 112
4.1D. Orders mandating method of conducting election: voting in person elections 113
Division 2 — Inaugural elections
4.2. Inaugural elections 115
4.3. Polling day for inaugural election 115
Division 3 — Ordinary elections
4.4. Ordinary elections 115
4.5. Frequency of ordinary elections 116
4.6. Election day for ordinary elections 116
4.7. Ordinary elections day usually third Saturday in October 116
Division 4 — Extraordinary elections
4.8. Extraordinary elections 117
4.9. Election day for extraordinary election 117
4.10. Extraordinary election can be held before resignation has taken effect 118
Division 5 — Other elections
4.11. Elections after restructure of districts, wards or membership 118
4.12. Elections after reinstatement of council 118
4.13. Elections after all members’ offices become vacant 119
4.14. Elections after council is dismissed 119
4.15. Fresh election after election declared invalid 119
Division 6 — Postponement and consolidation of elections
4.16. Postponement of elections to allow consolidation 119
4.17. Cases in which vacant offices can remain unfilled 120
4.18. Certain elections to be held as one 121
Division 7 — Provisions about electoral officers and the conduct of elections
4.19. Returning officer 121
4.20. CEO to be returning officer unless other arrangements made 122
4.21. Deputy returning officers 123
4.22. Returning officer to conduct elections 123
4.23. Returning officer’s functions 123
4.24. Electoral Commissioner’s functions 124
4.25. Access to information 124
4.26. Delegation 124
4.27. Regulations about electoral officers and conduct of elections 125
4.28. Fees and expenses 125
Division 8 — Eligibility for enrolment
4.29. Eligibility of residents to be enrolled 125
4.30. Eligibility of non‑resident owners and occupiers to be enrolled 126
4.31. Rateable property: ownership and occupation 127
4.32. How to claim eligibility to enrol under s. 4.30 131
4.33. Claim of eligibility to enrol under s. 4.30, expiry of 135
4.34. Accuracy of enrolment details to be maintained 136
4.35. Decision that eligibility to enrol under s. 4.30 has ended 136
Div 9
Electoral process
Division 9 — Electoral process
Subdivision 1 — Stages of electoral process
4.36. Application and term used: election 138
Subdivision 2 — Stage 1: Preparing the electoral roll
4.37. New roll for each election 138
4.38. What roll consists of 139
4.39. Close of enrolments 139
4.40. Residents roll 140
4.41. Owners and occupiers roll 140
4.42. Supply of rolls to returning officer, members and candidates 141
4.43. Correction of rolls 142
4.44A. Alteration of rolls 143
4.44. One enrolment per roll 143
4.45. Failure to comply with time limits as to preparation of rolls 143
4.46. Fresh roll may be required 144
4.46A. Restrictions on use of information contained in rolls 144
Subdivision 3 — Stage 2: Nomination of candidates
4.47. Nominations, call for 147
4.48. Candidate, eligibility of 147
4.49. How to make an effective nomination 148
4.50. Deposits, how dealt with 149
4.51. Nominations, rejection of 149
4.52. Information about candidates to be published 150
4.53. Nominations, cancellation of 151
Subdivision 4 — Stage 3: After nominations close
4.54. Nominations to be declared 152
4.55. Same number of candidates as vacancies 153
4.56. More candidates than vacancies 153
4.57. Less candidates than vacancies 153
4.58. Death of candidate after close of nominations 154
4.59. Candidates, regulations about 154
Subdivision 5 — Stage 4: Preparing for voting
4.60. Voting by electors 155
4.61. Choice of methods of conducting election 155
4.62. Polling places required 156
4.63. Presiding and other officers, appointment of 157
4.64. Public notice about election 157
Subdivision 6 — Stage 5: Voting
4.65. Right to vote 157
4.66. One vote for each elector 158
4.67. Where to vote in person 158
4.68. When to vote 158
4.69. How to vote 159
4.70. Presiding officer to maintain order at polling place 160
4.71. Regulations about voting procedure 160
Subdiv 7
Stage 6: Counting the votes
Subdivision 7 — Stage 6: Counting the votes
4.72. Outcome of election to be determined 161
4.72A. Re‑counts of votes 161
4.73. Procedure when person is candidate in 2 elections 162
4.73A. Procedure when councillor whose term is not expiring is candidate for mayor or president 164
4.74. How votes counted (Sch. 4.1) 164
4.75. Acceptance and rejection of ballot papers 165
4.76. Review of decisions on ballot papers 165
Subdiv 8
Stage 7: Declaring the result
Subdivision 8 — Stage 7: Declaring the result
4.77. Returning officer to declare result 166
4.78. Order of retirement of councillors 166
4.79. Report to Minister 166
Div 10
Validity of elections
Division 10 — Validity of elections
4.80. Complaints about result of election 167
4.81. Complaints to go to Court of Disputed Returns 168
4.82. No appeal 169
4.83. Validity of election 170
4.84. Retention and availability of electoral papers, regulations about 170
Div 11
Electoral offences
Division 11 — Electoral offences
4.85. Bribery and undue influence, offence 170
4.86. Breach or neglect by officers, offence 171
4.87. Printing and publication of electoral material 172
4.88. Offence to print, publish or distribute misleading or deceptive material 173
4.89. Canvassing in or near polling places, offence 173
4.90. False statements, offence 174
4.91. Offences relating to nomination papers, ballot papers and ballot boxes 174
4.92. Offences relating to postal votes 175
4.93. Interference with electors: infringement of secrecy, offence 176
4.94. Other electoral offences 176
4.95. Offences, attempts to commit 177
4.96. Investigation of electoral misconduct 177
4.97. Prosecutions 178
4.98. Criminal Code not to apply 178
Div 12
Polls and referendums
Division 12 — Polls and referendums
4.99. Election procedures to apply to polls and referendums 179
Part 5
Administration
Part 5 — Administration
5.1. Term used: committee 180
5.2. Administration of local governments 180
Division 2 — Council meetings, committees and their meetings and electors’ meetings
Subdivision 1 — Council meetings
5.3. Ordinary and special council meetings 181
5.4. Calling council meetings 181
5.5. Convening council meetings 181
5.6. Who presides at council meetings 182
5.7. Minister may reduce number for quorum and certain majorities 182
Subdivision 2 — Committees and their meetings
5.8. Establishment of committees 183
5.9. Committees, types of 183
5.10. Appointment of committee members 183
5.11A. Deputy committee members 185
5.11. Committee membership, tenure of 185
5.12. Presiding members and deputies 186
5.13. Deputy presiding members, functions of 186
5.14. Who acts if no presiding member 187
5.15. Reduction of quorum for committees 187
5.16. Delegation of some powers and duties to certain committees 187
5.17. Limits on delegation of powers and duties to certain committees 188
5.18. Register of delegations to committees 189
Subdivision 3 — Matters affecting council and committee meetings
5.19. Quorum for meetings 189
5.20. Decisions of councils and committees 190
5.21. Voting 190
5.22. Minutes of council and committee meetings 191
5.23. Meetings generally open to public 192
5.23AA. Powers of Inspector and Departmental CEO relating to closing of meetings 195
5.23A. Electronic broadcasting and video or audio recording of council meetings 197
5.24. Question time for public 198
5.25. Regulations about council and committee meetings and committees 198
Subdivision 4 — Electors’ meetings
5.26. Term used: electors 200
5.27. Electors’ general meetings 200
5.28. Electors’ special meetings 200
5.29. Convening electors’ meetings 202
5.30. Who presides at electors’ meetings 202
5.31. Procedure for electors’ meetings 203
5.32. Minutes of electors’ meetings 203
5.33. Decisions made at electors’ meetings 203
Division 3 — Acting for the mayor or president
5.34. When deputy mayors and deputy presidents can act 204
5.35. Who acts if no mayor, president or deputy 204
Division 4 — Local government employees
5.36. Local government employees 205
5.37. Senior employees 206
5.38. Annual review of employees’ performance 207
5.39. Contracts for CEO and senior employees 207
5.39A. Model standards for CEO recruitment, performance and termination 208
5.39B. Adoption of model standards 209
5.39C. Policy for temporary employment or appointment of CEO 210
5.40. Principles affecting employment by local governments 210
5.41. Role of CEO 211
5.42. Delegation of some powers and duties to CEO 212
5.43. Limits on delegations to CEO 213
5.44. CEO may delegate powers and duties to other employees 214
5.45. Other matters relevant to delegations under this Division 214
5.46. Register of, and records relevant to, delegations to CEO and employees 215
5.47. Superannuation regulations 215
5.48. Long service benefits for employees and employees of local government associations 215
5.49. Workers compensation insurance 216
5.50. Payments to employees in addition to contract or award 217
5.51. Employee who nominates for election to council to take leave 218
5.51A. Code of conduct for employees 218
Division 5 — Annual reports and planning
5.53. Annual reports 219
5.54. Acceptance of annual reports 220
5.55. Notice of annual reports 220
5.55A. Publication of annual reports 220
5.56. Planning for the future 220
Division 6 — Disclosure of financial interests and gifts
Subdiv 1A
Preliminary
Subdivision 1A — Preliminary
5.57. Terms used 221
5.58. Provisions about gifts 221
Subdivision 1 — Disclosure of financial interests in matters affecting local government decisions
5.59. Terms used 222
5.60. When person has an interest 222
5.60A. Financial interest 223
5.60B. Proximity interest 223
5.61. Indirect financial interests 224
5.62. Closely associated persons 224
5.63. Some interests need not be disclosed 227
5.65. Members’ interests in matters to be discussed at meetings to be disclosed 229
5.66. Meeting to be informed of disclosures 230
5.67. Disclosing members not to participate in meetings 230
5.68. Councils and committees may allow members disclosing interests to participate etc. in meetings 231
5.69. Minister may allow members disclosing interests to participate etc. in meetings 232
5.69A. Minister may exempt committee members from disclosure requirements 233
5.70. Employees to disclose interests relating to advice or reports 234
5.71. Employees to disclose interests relating to delegated functions 235
5.71A. CEOs to disclose interests relating to gifts in connection with advice or reports 235
5.71B. Council or Minister may allow CEOs to provide advice or reports 236
5.72. Defence to prosecution 237
5.73. Disclosures to be minuted 237
Subdivision 2 — Disclosure of financial interests in returns
5.74. Terms used 238
5.75. Primary returns 240
5.76. Annual returns 241
5.77. Acknowledging receipt of returns 242
5.78. Information to be disclosed in returns 242
5.79. Real property 242
5.80. Source of income 243
5.81. Trusts 245
5.84. Interests and positions in corporations 245
5.85. Debts 246
5.86. Dispositions of property 248
5.87. Discretionary disclosures generally 249
5.87AA. Inspector must be notified of failure to lodge returns and errors and omissions in returns 249
Subdiv 2A
Disclosure of gifts
Subdivision 2A — Disclosure of gifts
5.87A. Council members to disclose gifts 250
5.87B. CEOs to disclose gifts 251
5.87C. Provisions about disclosure 252
Subdivision 3 — General
5.88. Register of financial interests 253
5.89A. Register of gifts 253
5.89. Offence to give false or misleading information 254
5.90. Offence to publish information in certain cases 255
Div 6A
Attendance at events
Division 6A — Attendance at events
5.90A. Policy for attendance at events 255
Division 7 — Access to information
5.91. Interpretation 256
5.92. Access to information by council, committee members 257
5.93. Improper use of information 258
5.94. Public can inspect certain local government information 258
5.95. Further provisions relating to right to inspect local government information 260
5.96. Copies of information to be available 262
5.96A. Information published on official website 263
5.96C. Record of information about conduct 264
5.97. Freedom of Information Act 1992 not affected 265
Division 8 — Local government payments and gifts to its members
5.98. Fees, reimbursements and allowances for council members 266
5.98A. Allowance for deputy mayor or deputy president 268
5.99. Annual fee for council members in lieu of fees for attending meetings 269
5.99A. Allowances for council members in lieu of reimbursement of expenses 269
5.99B. Superannuation for council members: main provisions 270
5.99C. Superannuation for council members: opt outs 272
5.99D. Superannuation for council members: other exceptions 272
5.99E. Superannuation for council members: supplementary provisions 274
5.100A. Gifts to council members 275
5.100. Fees paid and expenses reimbursed to committee members 275
5.101. Payments for employee committee members 277
5.101A. Regulations about payment of expenses 277
5.102. Expense may be funded before actually incurred 277
5.102AA. Apportionment of annual payments 277
5.102AB. Repayment of advance annual payments if recipient ceases to hold office 277
5.102AC. Application of this Division to regional local governments 278
Division 9 — Code of conduct
5.102A. Terms used 278
5.103. Model code of conduct for council members, committee members and candidates 279
5.104. Adoption of model code of conduct 280
5.105. Dealing with complaint alleging behavioural breach 281
5.128. Policy for continuing professional development 284
5.129. Fees and expenses 285
Division 11 — Restricting communication about complaints
5.130. CEO may restrict communication about complaints 286
5.131. Guidelines for restricting communication 288
5.132. Inspector may direct CEO to revoke decision 289
5.133. Other laws concerning access to information not affected 289
Part 6
Financial management
Part 6 — Financial management
6.1. Terms used 290
Division 2 — Annual budget
6.2. Local government to prepare annual budget 291
6.3. Budget for other circumstances 292
Division 3 — Reporting on activities and finance
6.4. Financial report 293
Division 4 — General financial provisions
6.5. Accounts and records 294
6.6. Funds to be established 294
6.7. Municipal fund 294
6.8. Expenditure from municipal fund not included in annual budget 295
6.9. Trust fund 295
6.10. Financial management regulations 296
6.11. Reserve accounts 296
6.12. Power to defer, grant discounts, waive or write off debts 297
6.13. Interest on money owing to local governments 298
6.14. Power to invest 299
6.14A. Prohibitions on certain payments connected with legal matters 300
Division 5 — Financing local government activities
Subdivision 1 — Introduction
6.15. Local government’s ability to receive revenue and income 302
Subdivision 2 — Fees and charges
6.16. Imposition of fees and charges 303
6.17. Setting level of fees and charges 304
6.18. Effect of other written laws 305
6.19. Local government to give notice of fees and charges 305
Subdivision 3 — Borrowings
6.20. Power to borrow 305
6.21. Restrictions on borrowing 307
6.22. Appointment of receivers 308
6.23. Powers of receivers 308
6.24. Application of money 309
Division 6 — Rates and service charges
Subdivision 1 — Introduction and basis of rating
6.25. Terms used 310
6.26. Rateable land 311
6.27. Multiple rating 313
6.28. Basis of rates 314
6.29. Valuation and rates on mining and petroleum interests 315
6.30. Valuation of and rates on certain land 316
6.31. Phasing in of certain valuations 317
Subdivision 2 — Categories of rates and service charges
6.32. Rates and service charges 317
6.33. Differential general rates 318
6.34. Limit on revenue or income from general rates 320
6.35. Minimum payment 320
6.36. Local government to give notice of certain rates 321
6.37. Specified area rates 323
6.38. Service charges 325
Subdivision 3 — Imposition of rates and service charges
6.39. Rate record 327
6.40. Effect of amendment of rate record 328
6.41. Service of rate notice 329
Subdivision 4 — Payment of rates and service charges
6.42. Term used: service charge 330
6.43. Rates and service charges are a charge on land 331
6.44. Liability for rates or service charges 331
6.45. Options for payment of rates or service charges 331
6.46. Discounts 332
6.47. Concessions 332
6.48. Regulation of grant of discounts and concessions 333
6.49. Agreement as to payment of rates and service charges 333
6.50. Rates or service charges due and payable 333
6.51. Accrual of interest on overdue rates or service charges 334
6.52. Rates and service charges may be apportioned 335
6.53. Land becoming or ceasing to be rateable land 335
Subdivision 5 — Recovery of unpaid rates and service charges
6.54. Term used: service charge 336
6.55. Recovery of rates and service charges 336
6.56. Rates or service charges recoverable in court 336
6.57. Non‑compliance with procedure in Act not to prevent recovery of rate or service charge 337
6.58. Defence in special cases 337
6.59. Question of title to land not to affect jurisdiction 337
6.60. Local government may require lessee to pay rent 338
6.61. Requirement to give name of person liable 339
6.62. Application of money paid for rates and service charges 339
Subdivision 6 — Actions against land where rates or service charges unpaid
6.63. Term used: service charge 340
6.64. Actions to be taken 340
6.65. Power to lease: procedure 341
6.66. Effect of lease 341
6.67. Release of property after payment of arrears 341
6.68. Exercise of power to sell land 342
6.69. Right to pay rates, service charges and costs, and stay proceedings 343
6.70. Effect of changes in boundaries of local government area 343
6.71. Power to transfer land to Crown or to local government 344
6.72. Title to land sold or transferred 344
6.73. Discharge of liability on sale of land 345
6.74. Power to have land revested in Crown if rates in arrears 3 years 345
6.75. Land to be vested in local government 346
Subdivision 7 — Objections and review
6.76. Grounds of objection 347
6.77. Review of decision of local government on objection 348
6.78. Review of decision to refuse to extend time for objection 348
6.79. New matters raised on review 348
6.79B. Written reasons for certain determinations to be given and published 349
6.80. Objections and reviews against valuations 349
6.81. Objection not to affect liability to pay rates or service charges 349
6.82. General review of imposition of rate or service charge 350
Part 7
Audit
Part 7 — Audit
7.1. Terms used 351
Div 1A
Audit, risk and improvement committee
Division 1A — Audit, risk and improvement committee
7.1A. Establishment of audit, risk and improvement committee 352
7.1B. Deputy of presiding member or of deputy presiding member 353
7.1C. Delegation to audit, risk and improvement committee 353
7.1CA. Decisions of audit, risk and improvement committee 354
7.1CB. Two or more local governments may have shared audit, risk and improvement committee 354
Div 3A
Financial audit
Division 3A — Financial audit
7.12AB. Conducting a financial audit 356
7.12AC. Dispensing with a financial audit 356
7.12AD. Reporting on a financial audit 356
7.12AE. Fees for a financial audit 357
Div 3B
Supplementary audit
Division 3B — Supplementary audit
7.12AG. Conducting a supplementary audit 357
7.12AH. Reporting on a supplementary audit 357
7.12AI. Fees for a supplementary audit 358
Div 3C
Performance audit
Division 3C — Performance audit
7.12AJ. Conducting a performance audit 358
7.12AK. Reporting on a performance audit 359
Div 3D
Other audits
Division 3D — Other audits
7.12AL. Audits of accounts of related entities and certain subsidiary bodies 359
Division 4 — General
7.12A. Duties of local government with respect to audits 360
7.13. Regulations as to audits 361
Part 8
Scrutiny of the affairs of local governments
Part 8 — Scrutiny of the affairs of local governments
Division 1 — Inquiry by Inspector
8.1. Terms used 363
8.2. Inquiry by Inspector 363
8.3 Delegation by Inspector 364
8.4. Report on inquiry 365
8.5. Copies of report to be given to local government and suspended council members 366
8.6. Advice from local government and council members 367
8.7. Minister may take action to ensure recommendations are put into effect 368
8.8. Reinstatement of suspended council or council member on recommendation of Inspector 369
8.9. Minister may recommend that council be dismissed 369
8.10. Minister may recommend that council member be dismissed 370
8.11. Dismissal of council or council member by Governor 371
8.12. Referral to other authorities 371
8.13. Local government may have to meet inquiry costs 371
Division 1A — Intervention by the Minister in certain circumstances
Subdivision 1 — Council may be suspended or required to undertake remedial action
8.15B. Notice that council may be peremptorily suspended or required to undertake remedial action 372
8.15C. Minister may order that council be peremptorily suspended or required to undertake remedial action 372
8.15CA. Suspension of council may be extended while inquiry conducted 374
Subdivision 2 — Council member may be suspended or required to undertake remedial action
8.15D. Terms used 374
8.15E. Minister may suspend council member or require member to undertake remedial action 375
8.15F. Period of suspension: order under section 8.15E 377
8.15G. Suspension of certain council members may be extended while inquiry conducted 378
8.15H. Reinstatement of council member whose suspension was extended under section 8.15G 379
8.15I. Minister may suspend council member if member fails to undertake remedial action as ordered 380
8.15J. Council member must inform CEO if charged with disqualification offence 380
Subdivision 3 — Council member may be dismissed
8.15K. Minister may recommend that council member be dismissed 381
8.15L. Governor may dismiss council member on recommendation of the Minister 382
8.15M. Report setting out grounds to be made available to the public 382
Division 2 — Inquiries by Independent Inquiry
8.16. Minister may institute inquiry 383
8.16A. Terms of appointment 383
8.16B. Procedures and remuneration 384
8.17. Scope and duration of inquiry 384
8.18. Local government to be informed 384
8.19. Suspension of council while inquiry is held 385
8.19A. Suspension of council member while inquiry is held 386
8.20. Powers of Independent Inquiry 387
8.21. Referral to other authorities 387
8.22. Report of Independent Inquiry 388
8.23. Copies to be given to local government and suspended council members, and made available to public 389
8.24. Minister to decide action on Independent Inquiry’s report 390
8.25. Dismissal of council or council member by Governor 391
8.26. Suspension of council if Minister’s order not complied with 391
8.27. Local government may have to meet inquiry costs 392
Division 3 — General provisions about suspension and dismissal of councils and council members
Subdivision 1 — Provisions about suspension of councils
8.28. Period of suspension: reinstatement of council 392
8.29. Effect of suspension of council 393
8.30. Appointment of commissioner while council is suspended 394
Subdivision 2 — Provisions about suspension of council members
8.30A. Period of suspension for orders under sections 8.7, 8.15I and 8.19A 394
8.30B. Effect of suspension of council member 395
8.30C. Continuing effect of suspension 396
8.30D. Reinstatement of suspended council member 396
Subdivision 3 — Provisions about dismissal of councils
8.31. No dismissal of council except on Minister’s recommendation 397
8.32. When dismissal of council takes effect 397
8.33. Appointment of commissioner on dismissal of council 397
8.34. Elections following dismissal of council 397
Subdivision 4 — Provisions about dismissal of council members
8.34A. No dismissal of council member except on Minister’s recommendation 398
8.34B. When dismissal of council member takes effect 398
Division 4 — Misapplication of funds and property
8.35. Interpretation 398
8.36. Authorisation 399
8.38. Liability for misapplication of funds or property 399
8.39. Action to recover amounts misapplied 400
8.40. Notice to be given before action is taken 400
8.41. Decision whether or not to proceed with action 401
8.42. Power of court to order payment 401
8.43. Disqualification of person who has misapplied funds or property 402
8.44. Evidence of authorisation 403
Part 8A
Breach complaints and general complaints
Part 8A — Breach complaints and general complaints
8A.1. Terms used 404
Division 2 — Types and occurrences of breaches
8A.2. Behavioural breaches 405
8A.3. Conduct breaches and recurrent breaches 405
8A.4. Specified breaches 406
Division 3 — Making breach complaint and preliminary matters
8A.5. Breach complaints 407
8A.6. Acknowledgment of breach complaint 407
8A.7. Preliminary assessment of breach complaint 408
8A.8. Inspector may decline to accept, or to continue to deal with, breach complaint 409
8A.9. Inspector must decline to accept certain breach complaints 410
8A.10. Inspector may defer dealing with complaint until report from monitor received 411
8A.11. Inspector may refer certain complaints to local government 412
Division 4 — Dealing with behavioural breach
8A.12. Regulations about complaint alleging behavioural breach 413
Division 5 — Dealing with conduct breach
8A.13. Referral of complaint alleging conduct breach 414
8A.14. Dealing with recurrent breach 414
8A.15. Mediation 415
8A.16. Withdrawal of complaint referred to adjudicator 416
8A.17. Practice and procedure 417
8A.18. Finding as to whether conduct breach has occurred 417
8A.19. Costs of adjudication 419
8A.20. Publication of censures and orders 420
8A.21. SAT’s enforcement powers 420
8A.22. Review of adjudicator decision 421
Division 6 — Dealing with specified breach
8A.23. Investigation and report of complaint alleging specified breach 421
8A.24. Allegation to SAT of specified breach 422
8A.25. Sanction for specified breach 423
8A.26. Publication of censures and SAT orders 425
8A.27. SAT’s enforcement powers 426
Division 7 — General complaints
8A.28. General complaint 427
8A.29. Acknowledgment of general complaint 428
8A.30. Preliminary assessment of general complaint 428
8A.31. Inspector may decline to accept, or to continue to deal with, general complaint 429
8A.32. Inspector must decline to accept certain general complaints 430
8A.33. Inspector may refer general complaint to local government 431
8A.34. Dealing with general complaints 432
8A.35. Report if finding is about CEO 433
Division 8 — Miscellaneous
8A.36. Confidentiality about complaints 434
8A.37. When Inspector may exercise discretion regarding notification requirement 436
8A.38. Giving false or misleading information 437
Part 8B — Local Government Inspector, adjudicators and authorised officers
Division 1 — Local Government Inspector
Subdivision 1 — Appointment and terms and conditions of appointment
8B.1. Local Government Inspector 438
8B.2. Appointment 438
8B.3. Remuneration and terms and conditions of service 439
8B.4. When office becomes vacant 439
8B.5. Resignation 440
8B.6. Removal from office 440
8B.7. Outside employment 441
8B.8. Public service officer appointed as Inspector 441
8B.9. Appointment of person to act as Inspector 442
Subdivision 2 — Functions of Inspector
8B.10. Functions of Inspector 443
8B.11. Conflict of interest 444
8B.12. Independence of Inspector and inspectorate officers 445
8B.13. Minister may give Inspector directions 445
8B.14. Minister may request information 446
8B.15. Consultation 447
8B.16. Delegation 447
8B.17. Annual report 448
8B.18. Supplementary provision for laying document before Parliament 449
Division 2 — Adjudicators
Subdivision 1 — Appointment and terms and conditions of appointment
8B.19. Appointment of Principal Adjudicator and Deputy Adjudicator 449
8B.20. Terms and conditions of appointment 450
8B.21. Remuneration 450
8B.22. Leave of absence 451
8B.23. When office becomes vacant 451
8B.24. Resignation 451
8B.25. Removal from office 452
Subdivision 2 — Functions and powers
8B.26. Functions of Principal Adjudicator 452
8B.27. Functions of Deputy Adjudicator 453
8B.28. General freedom from direction 453
8B.29. Deputy Adjudicator acting as Principal Adjudicator 453
8B.30. Procedure of adjudicators 454
8B.31. Annual report 454
Division 3 — Inspectorate officers
8B.32. Inspectorate officers 455
Division 4 — Investigators
8B.33. Designating persons as investigators 456
8B.34. Identity cards 456
8B.35. Functions and powers of investigators 457
Division 5 — Monitors
8B.36. Terms used 457
8B.37. Inspector may appoint monitor for local government 458
8B.38. Request to appoint monitor 459
8B.39. Terms of appointment 459
8B.40. Functions and powers of monitor 461
8B.41. Regulations 461
Division 6 — Powers of authorised officers
8B.42. Terms used 462
Subdivision 2 — General power of Inspector to require information
8B.43. Inspector may require information 463
Subdivision 3 — Powers of authorised officers
8B.44. Scope of powers under s. 8B.45 and 8B.48 464
8B.45. Powers to obtain evidence and information 464
8B.46. Non‑disclosure notation 466
8B.47. Failure to comply with non‑disclosure notation 467
8B.48. Entry powers 468
8B.49. Application of Criminal Investigation Act 2006 to Inspector and investigators 469
Subdivision 4 — Entry warrants
8B.50. Application for entry warrant 470
8B.51. Issue and content of entry warrant 471
8B.52. Refusal of entry warrant 472
8B.53. Effect of entry warrant 472
Subdivision 5 — General
8B.54. Protection from liability 473
8B.55. Protection from liability for publishing official statements 474
8B.56. Self‑incrimination 474
8B.57. Offences 475
8B.58. Referral to other public officers or bodies 476
8B.59. Sharing of relevant information between Inspector and Departmental CEO 476
8B.60. Confidentiality for authorised officers 477
8B.61. Inspector may give notice to prevent continuing contravention 478
Part 9
Miscellaneous provisions
Part 9 — Miscellaneous provisions
Division 1 — Objections and review
9.1. When this Division applies 480
9.2. Terms used 481
9.3. Rights of affected person extended to certain owners 481
9.4. Advice of objection and review rights 481
9.5. Objection may be lodged 482
9.6. Dealing with objection 482
9.7. Review 483
9.9. Suspension of effect of decision 484
Division 2 — Enforcement and legal proceedings
Subdivision 1 — Miscellaneous provisions about enforcement
9.10. Appointment of authorised persons 485
9.11. Persons found committing breach of Act to give name on demand 486
9.12. Obstructing person acting under written law, offence 487
9.13. Onus of proof in vehicle offences may be shifted 488
9.14. Penalty for offence when not otherwise specified 490
Subdivision 2 — Infringement notices issued by authorised persons
9.15. Terms used 490
9.16. Notice, giving of to alleged offender 491
9.17. Content of notice 492
9.18. Notice placing onus on vehicle owner 492
9.19. Extension of time 493
9.20. Withdrawal of notice 493
9.21. Benefit of paying modified penalty 494
9.22. Application of penalties collected 494
Subdivision 2A — Infringement notices issued by authorised inspectorate officer
9.22A. Terms used 494
9.22B. Prescribed offences and modified penalties 495
9.22C. Other matters to be prescribed 495
9.22D. Issuing infringement notices 496
9.22E. Content of infringement notice 496
9.22F. Extension of time 497
9.22G. Withdrawal of notice 497
9.22H. Benefit of paying modified penalty 497
9.22I. Application of modified penalties 498
Subdivision 3 — General provisions about legal proceedings
9.24. Commencing prosecutions 498
9.25. Prosecutions, time limit for 499
9.26. Prosecuting accused whose name unknown 499
9.27. Civil remedy not affected by proceedings for offence 500
9.28. Interests of public 500
9.29. Representing local government in court 500
Subdivision 4 — Evidence in legal proceedings
9.30. When this Subdivision applies 501
9.31. Terms used 501
9.32. Evidence Act 1906 not excluded 502
9.33. Presumptions about certificates 502
9.34. Evidence of local laws 502
9.35. Evidence of text adopted by local laws 503
9.36. Using Gazette notice as evidence 503
9.37. Using meeting minutes as evidence 503
9.38. Evidence of documents coming from local government 503
9.39. Proving document given to another party 504
9.40. Using copy of rate record as evidence 504
9.41. Proving ownership, occupancy, and other things by certificate 504
9.42. Person may be alleged to be owner or occupier of land 505
9.43. Certificate of returning officer about election 506
9.44. Spouses and de facto partners presumed to be living with one another 506
9.45. Evidence of authorisation or approval 506
9.46. Things may be alleged to be property of local government 507
9.47. Proof of certain matters not required 507
9.48. Evidence of thoroughfare 508
Division 3 — Documents
9.49A. Execution of documents 509
9.49B. Contract formalities 510
9.49. Documents, how authenticated 510
9.50. Giving documents to persons, generally 510
9.51. Giving documents to local government 511
9.52. Giving documents in difficult cases 511
9.53. Other provisions about giving documents 511
9.54. Defects in documents 512
9.55. Effect of document on persons deriving title 512
Division 4 — Protection from liability
9.56. Certain persons protected from liability for wrongdoing 512
9.57. Local government protected from certain liability 513
9.57A. Local government protected from liability for defamation: council proceedings on website 514
Division 5 — Associations of local government
9.58. Constitution of associations of local government 514
Division 6 — Regulations, directions and orders
9.59. General regulations 515
9.60. Regulations that operate as local laws 516
9.61. Provisions about regulations 517
9.61A. Further provisions about regulations 518
9.62. Governor may give directions as consequence of making order 519
9.63. Minister may give directions to resolve disputes between local governments 519
9.63A. Minister may grant exemptions from compliance with Act 519
9.64. Governor may rectify omissions and irregularities 522
9.65. Orders made by Governor or Minister 522
Division 7 — Other miscellaneous provisions
9.65A. Minister or Departmental CEO may require information 523
9.66. Delegation by Minister 523
9.67. Delegation by Departmental CEO 523
9.68. Local government to be notified of disposal of land 524
9.69. Land descriptions 525
9.69AA. Good practice guidelines 525
9.69A. Notification under Corruption, Crime and Misconduct Act 2003 526
9.69B. DAP functions 526
Division 8 — Amendments to 1960 Act and transitional provisions
9.71. Transitional provisions 527
Sch 2
1 — Provisions about creating, changing the boundaries of, and abolishing districts
Schedule 2.1 — Provisions about creating, changing the boundaries of, and abolishing districts
Terms used 529
Making a proposal 529
Dealing with proposals 530
Notice of inquiry 531
Conduct of inquiry 532
Recommendation by Advisory Board 532
Minister may require poll of electors 533
Electors may demand poll on recommended amalgamation 533
Procedure for holding poll 534
Minister may accept or reject recommendation 534
10A. Recommendations regarding names, wards and representation 535
Transitional arrangements for orders about districts 535
Registration of documents 538
Schedule 2.2 — Provisions about names, wards and representation
Terms used 539
Advisory Board to make recommendations relating to new district 539
Who may make submissions about ward changes etc. 539
Dealing with submissions 540
Local government may propose ward changes or make minor proposals 541
Local government with wards to review periodically 541
Reviews 542
Matters to be considered in respect of wards 542
Proposal by local government 543
Recommendation by Advisory Board 543
Inquiry by Advisory Board 544
Minister may accept or reject recommendation 544
Schedule 2.3 — When and how mayors, presidents, deputy mayors and deputy presidents are elected by the council
Division 1 — Mayors and presidents
Terms used 545
When council elects mayor or president 545
CEO to preside 545
How mayor or president is elected 545
Votes may be cast a second time 546
Division 2 — Deputy mayors and deputy presidents
Terms used 547
When council elects deputy mayor or deputy president 547
How deputy mayor or deputy president is elected 547
Votes may be cast a second time 548
Division 3 — Validity of elections
Term used: election 549
Complaints about validity of election 549
Complaints to go to Court of Disputed Returns 549
No appeal 550
Certain defects do not affect election 550
Regulations about retention and availability of electoral papers 550
Schedule 2.4 — Provisions about commissioners
Eligibility for appointment 551
Tenure 551
Vacancies 551
Vacancies may be filled 552
Payment of commissioners 552
Procedure at meetings of joint commissioners 552
Schedule 2.5 — Provisions about the Local Government Advisory Board
Term used: member 553
Membership of Advisory Board 553
2A. Chairperson and deputy chairperson 553
2B. Deputy chairperson acting as chairperson 554
Deputies 554
Term of office 555
Vacation of office 555
Meetings 556
Remuneration and allowances 556
Protection 557
Staff 557
Delegation 557
Powers of inquiry 558
Investigations 559
Annual report 559
Offences 559
Schedule 3.1 — Powers under notices to owners or occupiers of land
Division 1 — Things a notice may require to be done
Division 2 — Provisions contraventions of which may lead to a notice requiring things to be done
Schedule 3.2 — Particular things local governments can do on land even though it is not local government property
Schedule 4.1A — Filling extraordinary vacancy without extraordinary election
Terms used 565
Division 2 — Application of Schedule
Certain extraordinary vacancies to be filled under Schedule instead of by extraordinary election 565
Division 3 — One office elections
Subdivision 1 — One office election: 2 candidates
Application of Subdivision 567
Filling of vacancy by unsuccessful candidate 567
Subdivision 2 — One office election: 3 or more candidates where former member elected under Schedule 4.1 clause 4
Application of Subdivision 568
Filling of vacancy by second placed candidate 569
Filling of vacancy by third placed candidate 570
Subdivision 3 — One office election: 3 or more candidates where former member elected under Schedule 4.1 clause 5
Application of Subdivision 572
Filling of vacancy by second placed candidate 573
Filling of vacancy by third placed candidate 574
Division 4 — Elections of 2 or more councillors
Application of Division 575
Filling of vacancy by first unelected candidate 577
Filling of vacancy by second unelected candidate 578
Division 5 — Former member elected under cl. 6, 9 or 12
Terms used 579
Former member elected under cl. 6 580
Former member elected under cl. 9 580
Former member elected under cl. 12 581
Division 6 — Final provisions
Regulations about notifications and time periods 581
Declarations and notices under section 4.77 for purposes of Schedule 582
Sch 4
1B — Filling office of councillor who is elected elector mayor or president
Schedule 4.1B — Filling office of councillor who is elected elector mayor or president
Vacancy caused by councillor becoming elector mayor or president not to be filled by extraordinary election in certain circumstances 584
Concurrent election ascertained under Schedule 4.1 clause 2 585
Concurrent election ascertained under Schedule 4.1 clause 4 585
Concurrent election ascertained under Schedule 4.1 clause 5 586
Concurrent election ascertained under Schedule 4.1 Division 3 586
Schedule 4.1 — How to count votes and ascertain the result of an election
Terms used 588
Division 2 — One office elections
One office election: 2 candidates 589
One office election: 3 or more candidates 589
Count of first‑preference votes 589
Process if no candidate elected under clause 4 589
Division 3 — Elections for 2 or more councillors
Application of Division 592
Terms used 592
Subdivision 2 — Counting and transferring votes
Count of first‑preference votes and determination of quota 593
Transfer of surplus votes (1) 593
Transfer of surplus votes (2) 594
Exclusion of candidates 596
Subdivision 3 — Supplementary provisions
No further transfers to elected candidates 597
Filling last office 598
No need for further transfers of votes if number of continuing candidates equals number of vacancies 598
Order of transfers of surpluses 598
Procedure to determine excluded candidates if votes equal 599
Setting aside ballot papers as finally dealt with or exhausted 599
Transfers to be treated separately 600
Schedule 4.2 — Order of retirement from office of councillors
Sch 6
1 — Provisions relating to the phasing in of valuations
Schedule 6.1 — Provisions relating to the phasing in of valuations
Phasing in of certain valuations 605
Phasing in of rating based on gross rental values 606
Schedule 6.2 — Provisions relating to lease of land where rates or service charges unpaid
Form of lease 609
Application of rent received 609
Schedule 6.3 — Provisions relating to sale or transfer of land where rates or service charges unpaid
Conditions for exercise of power of sale of land 611
Advertisement for sale 612
Power of sale 613
Power of local government to transfer or convey land 613
Application of purchase money 614
Receipt by local government sufficient discharge 616
If sale not completed within 12 months after commencement, proceedings lapse 616
Transfer of land to Crown or local government under s. 6.71 616
Sch 8A
1 — Specified offences
Schedule 8A.1 — Specified offences
Sch 9
1 — Certain matters for which Governor may make regulations
Schedule 9.1 — Certain matters for which Governor may make regulations
Parking for disabled 620
Disturbing local government land or anything on it 621
Obstructing or encroaching on public thoroughfare 621
Separating land from public thoroughfare 621
Gates across public thoroughfares 621
Dangerous excavation in or near public thoroughfare 621
Crossing from public thoroughfare to private land or private thoroughfare 622
Private works on, over, or under public places 622
Protection of watercourses, drains, tunnels and bridges 623
Protection of thoroughfares from water damage 623
Works required for supply of gas or water 623
Wind erosion and sand drifts 624
Schedule 9.3 — Transitional provisions
Division 1 — Provisions for Local Government Act 1995
Terms used 625
Interpretation Act 1984 applies 625
Construction of references in written laws 625
Subdivision 2 — Continuation of constitutional arrangements, membership and appointments
Former districts continue as districts 626
Former municipalities continue as local governments 627
Former councils continue as previously constituted 627
Wards and representation 627
Former method of electing mayor or president continued 628
Commissioners continued 628
Regional councils continued 628
Local Government Associations continued 629
Subdivision 3 — Electoral matters
Existing provisions continue for elections before 1997 ordinary elections 629
Transition from annual to biennial election system 629
14A. Transition to October elections 630
Subdivision 4 — Administration
Employees 631
Superannuation schemes: transitional and savings 632
Long service benefits: transitional and savings 632
Committees continue until first ordinary elections 632
Delegations continue for up to a year 633
First annual report 633
First plan for principal activities 633
First code of conduct 633
First declaration by certain designated employees 633
Previous records to be kept by continuing authorities 633
Subdivision 5 — Financial management and audit
Rateable land exemptions 634
Land declared to be exempt from payment of rates 634
Basis of rates 634
Recovery of rates 635
Continuation of debentures issued 635
Reserve accounts 635
Borrowing: loan polls 636
Subdivision 6 — Former by-laws, uniform general by-laws and regulations
Former by‑laws continued 636
First periodic review as a local law 637
Former uniform general by‑laws continued 638
Former regulations continued 638
Subdivision 7 — Miscellaneous
Townsites 638
Gates across thoroughfares in cities or towns 639
Deferments under Rates and Charges (Rebates and Deferments) Act 1992 639
Commercial enterprises 639
Evidence in proceedings under former provisions 640
Division 2 — Provisions for the Local Government Amendment Act 2012
Term used: amending Act 640
Saving provisions for CEOs 640
Section 6.14(1) does not apply to existing investments 641
Division 3 — Provisions for Local Government Legislation Amendment Act 2016
Term used: amending Act 642
Part 5 Division 9: complaints 642
Part 9 Division 2 Subdivision 2 642
Schedule 2.1: transitional arrangements 643
Division 4 — Provisions for the Local Government Amendment (Auditing) Act 2017
Terms used 643
Minister to publish status of audit contracts 643
Audit contracts may be terminated after completion of FY17/18 audit 643
Audit contracts are terminated after completion of FY19/20 audit 644
No breach of contract 645
Transitional regulations 645
Division 5 — Provisions for the Local Government Legislation Amendment Act 2019
Authorised persons 646
Register of gifts 646
Division 6 — Provisions for Local Government Amendment Act 2023
Term used: 2023 amendment Act 647
Continued application of repealed provisions relating to membership and size of councils 647
Transitional orders relating to constitution of local government 648
Enrolment eligibility claims 650
Electors’ special meetings 650
Transitional regulations 651
Division 7 — Provisions for Local Government Amendment Act 2024
Term used: 2024 amendment Act 651
Subdivision 2 — Serious local government offences
Conviction for serious local government offence 652
Subdivision 3 — Local laws
Periodic review of local laws 652
Subdivision 4 — Committees
Establishment of committees 654
Presiding members 654
Deputy presiding members 655
Audit, risk and improvement committees 655
Subdivision 5 — Electoral matters
Nominee of body corporate 656
Saving for cl. 12 657
Subdivision 6 — Conduct breaches and disciplinary matters
Terms used 657
Pending conduct matters: minor breach, recurrent breach, serious breach 658
Findings about minor, recurrent and serious breaches committed before amendment day 659
Order made before amendment day 659
Primary standards panel annual report 660
Subdivision 7 — Inquiries and Ministerial intervention
Current inquiries by, or authorised by, Departmental CEO 660
Inquiry Panels 661
Ministerial intervention 661
Subdivision 8 — Misapplication of funds and property
Part 8 Division 4 authorisations and Departmental CEO actions and approvals 662
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Local Government Act 1995
Western Australia
Local Government Act 1995
Contents
Part 1 — Introductory matters
1.1. Short title 2
1.2. Commencement 2
1.3. Content and intent 2
1.4. Terms used 3
1.4A. Caretaker period 9
1.5. Descriptions in italics not part of the law 10
1.6. Crown not generally bound 10
1.7. Local public notice 10
1.8. Statewide public notice 11
1.9. Decisions by absolute majority 11
Part 2 — Constitution of local government
Division 1 — Districts and wards
2.1. State divided into districts 12
2.2. Districts may be divided into wards 13
2.2A. Regulations may provide that district cannot be divided into wards 14
2.3. Names of districts and wards 14
2.4. District to be designated city, town or shire 15
Division 2 — Local governments and councils of local governments
2.5. Local governments created as bodies corporate 16
2.6. Local governments to be run by elected councils 16
2.7. Role of council 17
2.8. Role of mayor or president 18
2.9. Role of deputy mayor or deputy president 19
2.10. Role of councillors 19
Division 3 — How offices on the council are filled
2.11. Alternative methods of filling office of mayor or president 20
2.12. Electors may propose change of method 21
2.12A. Procedure to change method to election by council 21
2.12B. Regulations may require local government to use election by electors method 23
2.13. When new method takes effect 24
2.14. Extension of term in certain cases 25
2.15. Filling office of deputy mayor or deputy president 25
2.16. Filling offices of councillors 25
Division 4 — Membership and size of the council
Subdivision 1 — Preliminary
2.16A. Terms used 26
2.16B. Population estimates 26
Subdivision 2 — Membership and size
2.17. Members of council where mayor or president elected by electors 28
2.17A. Members of council where mayor or president elected by council 29
Local government. A local government is an elected body corporate established under the Act for each district (Part 2). It is constituted by its elected council, which is the decision-making body. The Act distinguishes between the local government (the entity) and the council (its elected governing body).
Council and councillors. The council consists of a mayor or president and councillors. The mayor or president may be elected directly by electors (elector mayor or president) or by councillors from among themselves (councillor mayor or president). Councillors hold office for four-year terms, with approximately half the seats contested at each ordinary election cycle (Part 2).
Absolute majority. Many decisions under the Act require an absolute majority: more than 50% of the total number of council offices, not merely more than 50% of those voting or present. This is a higher threshold than a simple majority and applies to adopting the annual budget (section 6.2), changes to reserve accounts (section 6.11), and many other significant decisions.
General function. Section 3.1 confers on each local government the broad general function to provide for the good government of persons in its district. A 2023 amendment requires this function to be exercised having regard to economic, social and environmental sustainability, climate change risk planning, consideration of long-term consequences, recognition of Aboriginal interests, and collaboration with other local governments (section 3.1(1A)).
Local laws. Local governments exercise legislative functions by making local laws (sections 3.5 to 3.10). A local law may create offences with fines up to $10,000 and continuing daily penalties of up to $500. Local laws cannot be inconsistent with the Act or any other written law (section 3.7). The procedure for making local laws (section 3.12) requires council notice, at least six weeks of public notice, and submission to the Minister.
Municipal fund and trust fund. All money received by a local government is held in the municipal fund (section 6.7) or the trust fund (section 6.9) depending on its nature. The municipal fund is the operational fund for running the local government. The trust fund holds money held for specific purposes or for other persons. The two funds must be kept separate and distinct (section 6.6).
Commissioner. A commissioner appointed under sections 2.6, 2.36A, 2.37, 2.37A, 8.30 or 8.33 takes the place of the elected council and exercises all the council's powers when an elected council cannot function or has been dismissed.
Who it affects
The Act affects everyone in Western Australia who lives within a local government district, and this covers almost all persons in the state. The key affected parties are:
Ratepayers and property owners: The rates and service charges framework in Part 6 directly affects all owners and occupiers of rateable land within a local government district. Rates are the primary revenue source for local governments. Multiple rate types exist: general rates (section 6.32), differential general rates (section 6.33), specified area rates (section 6.37), and service charges (section 6.38).
Residents and electors: Everyone eligible to be enrolled as an elector in a district or ward is directly affected by the electoral provisions in Part 4 and the community participation obligations across the Act.
Businesses and developers: Businesses operating in a district are subject to local laws, planning processes, authorisations and fees and charges levied under Part 6.
Council members (mayors, presidents, councillors): Elected members are subject to qualification requirements (Part 2, Division 5), term of office rules, codes of conduct (Part 5), and the breach complaint framework (Parts 8A and 8B) that can result in sanctions, suspension or removal from office.
Chief executive officers and senior employees: The CEO (chief executive officer) of a local government has extensive statutory obligations, including maintaining accounts and records (section 6.5) and appointing authorised persons for enforcement (section 9.10).
Contractors and service providers: Local governments make significant procurement decisions, and Part 3 executive functions extend to trading undertakings and land transactions requiring specific budget disclosure.
Traditional owner groups and Aboriginal communities: Since 2023, the general function must be exercised recognising the particular interests of Aboriginal people and involving them in decision-making processes (section 3.1(1A)).
Key obligations
Annual budget. A local government must prepare and adopt an annual budget between 1 June and 31 August each financial year, or within any Ministerial extension (section 6.2). The budget must estimate expenditure, independent revenue, and the rate deficiency. It must disclose estimated rate yields, proposed service charges, proposed fees and charges, proposed borrowings, and proposed reserve account movements. Adoption requires an absolute majority.
Financial reporting. The CEO must ensure proper accounts and records of all transactions are maintained in accordance with regulations and available for inspection at any time (section 6.5). An annual financial report must be prepared for each preceding financial year and submitted to the Auditor General by 30 September (section 6.4).
Local public notice. Wherever the Act requires local public notice (section 1.7), the local government must publish notice on its official website and give notice by at least three of the prescribed methods. Statewide public notice (section 1.8) adds further requirements.
Code of conduct. Under section 5.104, each local government must adopt a code of conduct for council members. The code must include the rules of conduct prescribed by regulation. Breach of the code constitutes a behavioural breach under Part 8A.
Plan for the future. Section 5.56 requires each local government to prepare a plan for the future of its district. The annual budget must have regard to this plan (section 6.2(2)).
Expenditure authority. A local government must not incur expenditure from the municipal fund for an additional purpose (one not included in the adopted budget) except with absolute majority council approval in advance or with the mayor or president's authorisation in an emergency (section 6.8).
Reserve accounts. Where a local government wishes to set aside money for use in a future financial year, it must establish and maintain a reserve account for each purpose (section 6.11). Changes of purpose or uses of reserve money for another purpose require one month's local public notice and an absolute majority decision, unless already disclosed in the budget.
Powers and discretions
The council has broad legislative and executive powers. In the legislative domain, it may make local laws about any matter necessary or convenient for performing its functions (section 3.5), subject to inconsistency with state law and any Ministerial regulations restricting the power. Local laws may prescribe fines and continuing daily penalties.
Executive functions include the power to grant authorisations (licences, permits, approvals), enter into contracts for goods and services, establish and operate trading undertakings (subject to the process in section 3.59), acquire and dispose of land (subject to the process in section 3.58), and borrow money (subject to the process in Part 6).
The Minister holds significant oversight powers: approving extended budget timeframes, directing investigations and inquiries (Part 8), appointing commissioners, and making regulations prescribing many aspects of local government operations.
The Local Government Inspector (section 8B.1) holds independent statutory powers to receive and investigate breach complaints against council members, refer complaints to adjudicators or local governments, appoint monitors, and investigate matters on the Inspector's own initiative under Part 8.
The State Administrative Tribunal (SAT) has review jurisdiction over a wide range of local government decisions. Under Part 9, Division 1, affected persons can object to unfavourable local government decisions within 28 days and then apply to SAT within 42 days of the decision or the objection outcome (section 9.7). SAT review rights also arise under the rating provisions for challenges to valuations and rate impositions.
The CEO may appoint authorised persons under section 9.10 to perform enforcement functions under the Act and specified related legislation including the Dog Act 1976, Cat Act 2011, Caravan Parks and Camping Grounds Act 1995, and others.
Penalties and enforcement
Local law offences. Local laws made under the Act may impose fines up to $10,000 per offence and daily penalties of $500 for continuing offences (section 3.10).
Electoral offences. Part 4, Division 11 sets out electoral offences. Section 4.87 creates offences for improper influence of voters. Section 4.95 provides for penalties for various forms of electoral fraud and tampering with ballots.
Breach framework. Parts 8A and 8B (inserted by the 2024 amendments) create a comprehensive new framework for dealing with breaches by council members. Three types of breaches are defined:
Behavioural breach (section 8A.2): breach of a requirement of the adopted code of conduct.
Conduct breach (section 8A.3): contravention of a rule of conduct prescribed by regulation, or a local law contravention prescribed as a conduct breach.
Specified breach (section 8A.4): commission of a specified offence listed in Schedule 8A.1.
A conduct breach that occurs after two previous findings of conduct breach is a recurrent breach (section 8A.3(4)). The Inspector deals with breach complaints (sections 8A.5 to 8A.37) and may refer matters to adjudicators for hearings. Sanctions available following findings of breach include reprimands, orders to undertake training, fines, and in serious cases suspension or disqualification from office.
Enforcement of local government decisions. Section 9.10 empowers the CEO to appoint authorised persons with enforcement powers under specified Acts. Authorised persons who fail to return identity cards commit an offence carrying a fine of $5,000 plus $500 daily continuing penalty (section 9.10(6)).
Scrutiny provisions. Under Part 8, the Minister may direct an investigation into local government affairs. Findings may result in the appointment of a commissioner, dismissal of the council, or other remedial action.
Process and timelines
Local law-making. The procedure in section 3.12 requires at minimum six weeks of public notice before a local law is made. Notice must be given to the Departmental CEO and any relevant department. The council considers submissions, adopts the local law, forwards it to the Minister, and publishes it in the Government Gazette.
District boundary changes. Gubernatorial orders under section 2.1 may only be made on Ministerial recommendation, which in turn requires an Advisory Board recommendation. Schedule 2.1 sets out the detailed procedure.
Elections. Ordinary elections are held every two years on a day fixed by or under section 4.6, with approximately half the council seats contested at each election. The Electoral Commissioner supervises elections. Postal voting is the standard method for WA local government elections. Results are declared by returning officers under section 4.77. Extraordinary elections to fill casual vacancies are governed by Part 4, Division 4.
Budget cycle. The financial year runs from 1 July to 30 June (section 1.4). The annual budget must be adopted from 1 June to 31 August of each financial year (section 6.2). The annual financial report must be submitted to the auditor by 30 September following each financial year (section 6.4).
Rates objections and review. The rates provisions in Part 6, Divisions 6 and 7 set out the objection process for rate assessments, including grounds of objection and timeframes. SAT review is available for unresolved objections under Part 9.
Breach complaints. A breach complaint must be lodged with the Inspector and acknowledged within 14 days (section 8A.6). The Inspector must decline to accept conduct breach complaints where the conduct occurred more than 12 months before the complaint was received (section 8A.9(1)). The Inspector may defer, refer to the local government, refer to an adjudicator, or deal with the complaint according to the framework in Part 8A.
Interactions with other law
The Local Government Act 1995 operates within a dense network of related legislation:
Constitution Act 1889 (WA): Part IIIB of the Constitution Act 1889 provides the constitutional basis for the system of elected local government. The Local Government Act gives effect to and expands upon those constitutional requirements.
Planning and Development Act 2005 (WA): The definition of "metropolitan area" is imported from that Act (section 1.4). Planning and local government functions frequently interact, particularly for land use decisions.
State Administrative Tribunal Act 2004 (WA): SAT is the primary review body for local government decisions. Review application timeframes and procedures are governed by that Act.
Audit Act 1994 (WA) / Auditor General Act 2006 (WA): The Auditor General is the auditor of local governments under Part 7 of the Local Government Act, with audit conducted under the framework of those Acts.
Electoral Act 1907 (WA): The Electoral Commissioner appointed under the Electoral Act administers local government elections and has express powers under Part 4 of the Local Government Act.
Dog Act 1976 and Cat Act 2011: Local government authorised persons may exercise enforcement functions under these Acts (section 9.10).
Caravan Parks and Camping Grounds Act 1995: Local governments regulate caravan parks and camping grounds, and authorised persons may enforce this Act.
Building Act 2011 (WA): Section 3.5(4A) confirms that local laws may address building work matters notwithstanding the Building Act.
Public Health Act 2016 (WA): Section 3.5(4B) confirms that local laws may address public health matters notwithstanding that Act.
Mining Act 1978 (WA): The definition of "owner" for rating purposes extends to holders of mining tenements (section 1.4).
Trustees Act 1962 (WA): Municipal and trust fund investments must be made as trust funds may be invested under that Act (section 6.14).
Strata Titles Act 1985 (WA): The definition of "owner" includes owners of lots in leasehold schemes under that Act.
Gotchas
Absolute majority is not simple majority. Many critical decisions require an absolute majority, which means more than 50% of all council offices, not just of those present and voting. A council with 11 members needs at least 6 votes for absolute majority decisions, regardless of how many attend the meeting.
Crown is not generally bound. Section 1.6 expressly states the Crown is not generally bound. Persons dealing with the state government on matters regulated by the Act need to check whether the specific provision they rely on is one that the Act applies to the Crown.
Caretaker period restrictions. The Act imposes restrictions on what a local government may do during the caretaker period (Part 3, Division 5) that begins at the close of nominations for any election. Decisions that could improperly advantage or disadvantage candidates or parties are restricted during this period.
Local law inconsistency. A local law is inoperative to the extent it is inconsistent with any other written law (section 3.7), not merely the Local Government Act itself. This means a local law purporting to regulate a matter covered by state or Commonwealth legislation may be wholly or partially invalid.
Expenditure outside budget. Spending money from the municipal fund on a purpose not in the adopted budget requires absolute majority advance approval (section 6.8). Emergency authorisation by the mayor or president is only available for genuinely urgent circumstances and must be reported to the next ordinary council meeting.
Breach complaint time limits. Conduct breach complaints must be lodged within 12 months of the conduct (section 8A.9(1)). The Inspector has no discretion to extend this period. Complaints about specified offences are also subject to the prosecution time limit for the underlying offence.
SAT review timelines. The review application periods under Part 9 are short: 28 days to lodge an objection (section 9.5), then 42 days to apply to SAT (section 9.7). Missing these periods can defeat an otherwise valid challenge to a local government decision.
Rate objection versus SAT review. The rates provisions have their own specific objection pathways distinct from the general Part 9 procedure. Ratepayers challenging a rate assessment must use the specific rates objection process, not merely the general Part 9 pathway.
Practical examples
A local government imposing a new service charge. A council wishes to impose a new service charge under section 6.38 for a specific infrastructure service. It must disclose the charge in the annual budget (requiring absolute majority adoption) and give the prescribed notices. Affected ratepayers have objection and review rights. If the council imposes the charge without budget disclosure or without following the rates procedure, the charge is potentially invalid and refundable.
A developer seeking approval under a local law. A business applies to the local government for a licence under a local law regulating food premises. If the local government refuses or imposes conditions the applicant considers unfavourable, section 9.4 obliges the local government to give written reasons and inform the applicant of objection and review rights. The applicant has 28 days to object and, if the objection is not resolved within 35 days, a further 42 days to apply to SAT.
A complaint about a council member. A ratepayer believes a councillor has contravened the code of conduct by conducting themselves improperly in a council meeting. Under Part 8A, the ratepayer can lodge a breach complaint with the Inspector. The Inspector acknowledges the complaint within 14 days, conducts a preliminary assessment, and decides whether to accept, decline, or refer the complaint. If accepted and the complaint alleges a conduct breach, it may be referred to an adjudicator for a hearing. A finding of conduct breach may result in a reprimand, required training, a fine, or, for a recurrent breach, suspension or disqualification.
Caretaker period during an election. Between the close of nominations and the declaration of the election result, the local government is in a caretaker period. During this period, Part 3 Division 5 restricts the council from making decisions on significant contracts, appointments or policy changes that should be left to the incoming council. A decision made in breach of the caretaker period restrictions may be challengeable.
A council member losing their seat. A councillor who fails to maintain their qualifications under Part 2, Division 5, or who is convicted of an offence triggering a disqualification, vacates their office. The position then becomes a vacancy to be filled by extraordinary election or, if within a certain period before the next ordinary election, by the remaining councillors in accordance with section 4.13 or 4.14.