Sch 2sets out model standards for local governments in relation to the following —

Schedule 2 sets out model standards for local governments in relation to the following — (a) the recruitment of CEOs; (b) the review of the performance of CEOs; (c) the termination of the employment of CEOs. [Regulation 18FA inserted: SL 2021/14 r. 6.] ##### 18FB. Certification of compliance with adopted standards for CEO recruitment (Act s. 5.39B(7)) adopted standards means — (a) the standards adopted by a local government under section 5.39B; or (b) if the local government has not adopted standards under that section, the standards taken under section 5.39B(5) to be the local government’s adopted standards. (2) This regulation applies if — (a) a local government employs a person in the position of CEO of the local government; and (b) the local government’s adopted standards in relation to the recruitment of CEOs apply to the employment. (3) As soon as practicable after the person is employed in the position of CEO, the local government must, by resolution*, certify that the person was employed in accordance with the local government’s adopted standards in relation to the recruitment of CEOs. * Absolute majority required. (4) The local government must give a copy of the resolution to the Inspector within 14 days after the resolution is passed by the local government. [Regulation 18FB inserted: SL 2021/14 r. 6; amended: SL 2025/208 r. 14.] ##### 18FC. Certification of compliance with adopted standards for CEO termination (Act s. 5.39B(7)) adopted standards has the meaning given in regulation 18FB(1). (2) This regulation applies if a local government terminates the employment of the CEO of the local government. (3) As soon as practicable after the CEO’s employment is terminated, the local government must, by resolution*, certify that the CEO’s employment was terminated in accordance with the local government’s adopted standards in relation to the termination of the employment of CEOs. * Absolute majority required. (4) The local government must give a copy of the resolution to the Inspector within 14 days after the resolution is passed by the local government. [Regulation 18FC inserted: SL 2021/14 r. 6; amended: SL 2025/208 r. 15.] ##### 18G. Delegations to CEOs, limits on (Act s. 5.43) Powers and duties of a local government exercised under the following provisions are prescribed under section 5.43(i) as powers and duties that a local government cannot delegate to a CEO — (a) section 7.12A(2), (3)(a) or (4); and (b) regulations 18C and 18D. [Regulation 18G inserted: Gazette 31 Mar 2005 p. 1039.] ##### 19. Delegates to keep certain records (Act s. 5.46(3)) Where a power or duty has been delegated under the Act to the CEO or to any other local government employee, the person to whom the power or duty has been delegated is to keep a written record of — (a) how the person exercised the power or discharged the duty; and (b) when the person exercised the power or discharged the duty; and (c) the persons or classes of persons, other than council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty. ##### 19A. Payments in addition to contract or award, limits of (Act s. 5.50(3)) (1) The value of a payment or payments made under section 5.50(1) and (2) to an employee whose employment with a local government finishes after 1 January 2010 is not to exceed in total — (a) the value of the person’s final annual remuneration, if the person — (i) accepts voluntary severance by resigning as an employee; and (ii) is not a CEO or a senior employee whose employment is governed by a written contract in accordance with section 5.39; or (b) in all other cases, $5 000. (2) In this regulation — final annual remuneration in respect of a person, means the value of the annual remuneration paid, or payable, to the person by the local government which employed that person immediately before the person’s employment with the local government finished. [Regulation 19A inserted: Gazette 31 Mar 2005 p. 1032; amended: Gazette 13 Jul 2012 p. 3218.] ## Part 4A — Codes of conduct for local government employees (Act s. 5.51A(4)) ### Division 1 — Terms used ##### 19AA. Terms used In this Part — activity involving a local government discretion means an activity — (a) that cannot be undertaken without an authorisation from the local government; or (b) by way of a commercial dealing with the local government; associated person means a person who — (a) is undertaking or seeking to undertake an activity involving a local government discretion; or (b) it is reasonable to believe, is intending to undertake an activity involving a local government discretion; code of conduct means a code of conduct under section 5.51A; gift — (a) has the meaning given in section 5.57; but (b) does not include — (i) a gift from a relative as defined in section 5.74(1); or (ii) a gift that must be disclosed under the *Local Government (Elections) Regulations 1997* regulation 30B; or (iii) a gift from a statutory authority, government instrumentality or non‑profit association for professional training; or (iv) a gift from WALGA, the Australian Local Government Association Limited (ABN 31 008 613 876), the Local Government Professionals Australia WA (ABN 91 208 607 072) or the LG Professionals Australia (ABN 85 004 221 818); interest — (a) means an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest; and (b) includes an interest arising from kinship, friendship or membership of an association; local government employee means a person — (a) employed by a local government under section 5.36(1); or (b) engaged by a local government under a contract for services; prohibited gift, in relation to a local government employee, means — (a) a gift worth the threshold amount or more; or (b) a gift that is 1 of 2 or more gifts given to the local government employee by the same person within a period of 1 year that are in total worth the threshold amount or more; threshold amount, for a prohibited gift, means $300 or a lesser amount determined under regulation 19AF. [Regulation 19AA inserted: SL 2021/16 r. 4.] ### Division 2 — Content of codes of conduct ##### 19AB. Prohibited gifts local government employee does not include the CEO. (2) A code of conduct must contain a requirement that a local government employee not accept a prohibited gift from an associated person. [Regulation 19AB inserted: SL 2021/16 r. 4.] ##### 19AC. Recording, storing, disclosure and use of information relating to gifts local government employee does not include the CEO. (2) A code of conduct must contain requirements relating to the recording, storing, disclosure and use of information relating to gifts that, under a code of conduct, may be accepted by local government employees from associated persons. [Regulation 19AC inserted: SL 2021/16 r. 4.] ##### 19AD. Conflicts of interest (1) A code of conduct must contain a requirement that a local government employee who has an interest in any matter to be discussed at a council or committee meeting attended by the local government employee disclose the nature of the interest — (a) in a written notice given to the CEO before the meeting; or (b) at the meeting immediately before the matter is discussed. (2) A code of conduct must contain a requirement that a local government employee who has given, or will give, advice in respect of any matter to be discussed at a council or committee meeting not attended by the local government employee disclose the nature of any interest the local government employee has in the matter — (a) in a written notice given to the CEO before the meeting; or (b) at the time the advice is given. (3) A code of conduct must exclude from a requirement under subregulation (1) or (2) an interest referred to in section 5.60. (4) A code of conduct must excuse a local government employee from a requirement under subregulation (1) or (2) if the local government employee fails to disclose the nature of an interest because they did not know and could not reasonably be expected to know — (a) that they had an interest in the matter; or (b) that the matter in which they had an interest would be discussed at the meeting and they disclosed the nature of the interest as soon as possible after the discussion began. (5) A code of conduct must require that if, to comply with a requirement under subregulation (1) or (2), a local government employee discloses an interest in a written notice given to the CEO before a meeting, then — (a) before the meeting the CEO must cause the notice to be given to the person who is to preside at the meeting; and (b) at the meeting the person presiding must bring the notice and its contents to the attention of the persons present immediately before any matter to which the disclosure relates is discussed. (6) Subregulation (7) applies if — (a) to comply with a requirement under subregulation (1), the nature of an interest in a matter is disclosed at a meeting; or (b) a disclosure is made as described in subregulation (4)(b) at a meeting; or (c) to comply with a requirement under subregulation (5)(b), notice of the interest is brought to the attention of the persons present at a meeting. (7) The nature of the interest must be recorded in the minutes of the meeting. [Regulation 19AD inserted: SL 2021/16 r. 4.] ##### 19ADA. Outside employment A code of conduct must contain requirements relating to a person employed by the local government under section 5.36(1) having employment outside the local government, including the disclosure by such a person of any employment that they have outside the local government. [Regulation 19ADA inserted: SL 2025/208 r. 16.] ##### 19AE. Other matters codes of conduct must deal with resources of the local government includes — (a) local government property; and (b) services provided, or paid for, by the local government. (2) A code of conduct must contain requirements relating to — (a) the behaviour expected of a local government employee in relation to each of the following — (i) the performance of the local government employee’s duties; (ii) dealings with other local government employees and the broader community; (iii) the use and disclosure of information acquired by the local government employee in the performance of their duties; (iv) the use of the resources of the local government; (v) the use of the local government’s finances; and (b) how the records of the local government are to be kept; and (c) the reporting by local government employees of suspected breaches of codes of conduct and suspected unethical, fraudulent, dishonest, illegal or corrupt behaviour; and (d) the way in which suspected breaches of the code of conduct and suspected unethical, fraudulent, dishonest, illegal or corrupt behaviour of a local government employee are to be managed. [Regulation 19AE inserted: SL 2021/16 r. 4.] ### Division 3 — Other matter in relation to codes of conduct ##### 19AF. Determination of threshold amount (1) The CEO may determine an amount (which may be nil) for the purposes of the definition of ***threshold amount*** in regulation 19AA. (2) A determination under subregulation (1) must be published on the local government’s official website. [Regulation 19AF inserted: SL 2021/16 r. 4.] ## Part 5 — Annual reports and planning ### Division 1 — Preliminary ##### 19BA. Terms used In this Part — corporate business plan means a plan made under regulation 19DA that, together with a strategic community plan, forms a plan for the future of a district made in accordance with section 5.56; strategic community plan means a plan made under regulation 19C that, together with a corporate business plan, forms a plan for the future of a district made in accordance with section 5.56. [Regulation 19BA inserted: Gazette 26 Aug 2011 p. 3482-3.] ### Division 2 — Annual reports [Heading inserted: Gazette 26 Aug 2011 p. 3483.] ##### 19B. Information to be included in annual report (Act s. 5.53(2)(g) and (i)) remuneration has the meaning given in the *Salaries and Allowances Act 1975* section 4(1). (2) For the purposes of section 5.53(2)(g) and (i), the annual report for a financial year beginning on or after 1 July 2020 must contain the following — (a) the number of employees of the local government entitled to an annual salary of $130 000 or more; (b) the number of employees of the local government entitled to an annual salary that falls within each band of $10 000 over $130 000; (c) any remuneration and allowances paid by the local government under Schedule 5.1 clause 9 during the financial year; (d) any amount ordered under section 5.110(6)(b)(iv) to be paid by a person against whom a complaint was made under section 5.107(1), 5.109(1) or 5.114(1) to the local government during the financial year; (e) the remuneration paid or provided to the CEO during the financial year; (f) the number of council and committee meetings attended by each council member during the financial year; (g) if available, the gender, linguistic background and country of birth of council members; (h) if available, the number of council members who are aged — (i) between 18 years and 24 years; and (ii) between 25 years and 34 years; and (iii) between 35 years and 44 years; and (iv) between 45 years and 54 years; and (v) between 55 years and 64 years; and (vi) over the age of 64 years; (i) if available, the number of council members who identify as Aboriginal or Torres Strait Islander; (j) details of any modification made to a local government’s strategic community plan during the financial year; (k) details of any significant modification made to a local government’s corporate business plan during the financial year. [Regulation 19B inserted: SL 2020/213 r. 20.] ##### 19BB. Information about trading undertakings to be included in annual report (Act s. 5.53(2)(i)) income statement has the meaning given in the *Local Government (Financial Management) Regulations 1996* regulation 3(1); major trading undertaking has the meaning given in section 3.59(1); statement of financial position has the meaning given in the *Local Government (Financial Management) Regulations 1996* regulation 3(1); trading undertaking has the meaning given in section 3.59(1). (2) For the purposes of section 5.53(2)(i), the annual report for a financial year beginning on or after 1 July 2022 must include the following — (a) separately, in relation to each trading undertaking carried on during the financial year — (i) an income statement; and (ii) a statement of financial position; and (iii) any other information that is necessary to provide full and complete information on the undertaking; (b) in relation to each major trading undertaking, in addition to the information required under paragraph (a), a statement setting out all other revenue and expenditure that is not included in the income statement referred to in paragraph (a)(i) but that has been used in the pricing structure for goods or services to be provided by the undertaking. [Regulation 19BB inserted: SL 2023/106 r. 33.] ##### 19BC. Information about land transactions to be included in annual report (Act s. 5.53(2)(i)) major land transaction has the meaning given in section 3.59(1); nature classification has the meaning given in the *Local Government (Financial Management) Regulations 1996* regulation 3(1). (2) For the purposes of section 5.53(2)(i), the annual report for a financial year beginning on or after 1 July 2022 must include the following, separately in relation to each major land transaction (according to nature classification) — (a) all income and expenditure for the transaction received or expended during the financial year; (b) details of assets and liabilities at 30 June; (c) any other information that is necessary to provide full and complete information on the transaction; (d) if the transaction is to span more than 1 financial year, a brief statement showing the cash flows expected during the lesser of the following periods — (i) the term of the transaction; (ii) the period covered by the corporate business plan. (3) For the purposes of section 5.53(2)(i), if a major land transaction has spanned more than 1 financial year and it is completed during a financial year beginning on or after 1 July 2022, the annual report for that financial year must — (a) disclose — (i) details of the total income and expenditure for the transaction from the date of commencement to the date of completion; and (ii) details of the amount or value of any surplus of money or assets distributed to the local government or a person other than the local government; and (iii) the amount or value of any loss and the resources used to cover the loss; and (b) include — (i) a comparison of the outcomes over the life of the transaction with expected outcomes in the business plan prepared for the transaction; and (ii) an explanation of the benefits of the transaction to the local government and the community. [Regulation 19BC inserted: SL 2023/106 r. 33.] ##### 19BD. Information about fees, expenses and allowances to be included in annual report (Act s. 5.53(2)(i)) For the purposes of section 5.53(2)(i), the annual report for a financial year beginning on or after 1 July 2022 must include, in relation to fees, expenses or allowances paid during the financial year to council members, the mayor or the president, for each person — (a) the nature of the fee, expense or allowance; and (b) the total amount or value of each class of fee, expense or allowance. [Regulation 19BD inserted: SL 2023/106 r. 33.] ##### 19BE. Information about capital grants, subsidies and contributions to be included in annual report (Act s. 5.53(2)(i)) renew, in relation to an asset, means to return the asset to its original state by rebuilding, repairing or restoring the asset; replace, in relation to an asset, does not include to upgrade the asset or to replace the asset with a different version of the asset. (2) For the purposes of section 5.53(2)(i), the annual report for a financial year beginning on or after 1 July 2022 must include the amount of all capital grants, subsidies and contributions, for replacing and renewing assets, that were received by the local government during — (a) the financial year; and (b) the 2 financial years before the financial year. [Regulation 19BE inserted: SL 2023/106 r. 33.] [**19CA.** Deleted: SL 2020/213 r. 20.] ### Division 3 — Planning for the future [Heading inserted: Gazette 26 Aug 2011 p. 3483.] ##### 19C. Strategic community plans, requirements for (Act s. 5.56) (1) A local government is to ensure that a strategic community plan is made for its district in accordance with this regulation in respect of each financial year after the financial year ending 30 June 2013. (2) A strategic community plan for a district is to cover the period specified in the plan, which is to be at least 10 financial years. (3) A strategic community plan for a district is to set out the vision, aspirations and objectives of the community in the district. (4) A local government is to review the current strategic community plan for its district at least once every 4 years. (5) In making or reviewing a strategic community plan, a local government is to have regard to — (a) the capacity of its current resources and the anticipated capacity of its future resources; and (b) strategic performance indicators and the ways of measuring its strategic performance by the application of those indicators; and (c) demographic trends. (6) Subject to subregulation (9), a local government may modify its strategic community plan, including extending the period the plan is made in respect of. (7) A council is to consider a strategic community plan, or modifications of such a plan, submitted to it and is to determine* whether or not to adopt the plan or the modifications. *Absolute majority required. (8) If a strategic community plan is, or modifications of a strategic community plan are, adopted by the council, the plan or modified plan applies to the district for the period specified in the plan. (9) A local government is to ensure that the electors and ratepayers of its district are consulted during the development of a strategic community plan and when preparing modifications of a strategic community plan. (10) A strategic community plan for a district is to contain a description of the involvement of the electors and ratepayers of the district in the development of the plan or the preparation of modifications of the plan. [Regulation 19C inserted: Gazette 26 Aug 2011 p. 3483-4.] ##### 19DA. Corporate business plans, requirements for (Act s. 5.56) (1) A local government is to ensure that a corporate business plan is made for its district in accordance with this regulation in respect of each financial year after the financial year ending 30 June 2013. (2) A corporate business plan for a district is to cover the period specified in the plan, which is to be at least 4 financial years. (3) A corporate business plan for a district is to — (a) set out, consistently with any relevant priorities set out in the strategic community plan for the district, a local government’s priorities for dealing with the objectives and aspirations of the community in the district; and (b) govern a local government’s internal business planning by expressing a local government’s priorities by reference to operations that are within the capacity of the local government’s resources; and (c) develop and integrate matters relating to resources, including asset management, workforce planning and long‑term financial planning. (4) A local government is to review the current corporate business plan for its district every year. (5) A local government may modify a corporate business plan, including extending the period the plan is made in respect of and modifying the plan if required because of modification of the local government’s strategic community plan. (6) A council is to consider a corporate business plan, or modifications of such a plan, submitted to it and is to determine* whether or not to adopt the plan or the modifications. *Absolute majority required. (7) If a corporate business plan is, or modifications of a corporate business plan are, adopted by the council, the plan or modified plan applies to the district for the period specified in the plan. [Regulation 19DA inserted: Gazette 26 Aug 2011 p. 3484-5.] ##### 19DB. Transitional provisions for plans for the future until 30 June 2013 former regulation 19C means regulation 19C as in force immediately before 26 August 2011 and continued under subregulation (2); former regulation 19D means regulation 19D as in force immediately before 26 August 2011; plan for the future means a plan for the future of its district made by a local government in accordance with former regulation 19C. (2) Except as stated in this regulation, former regulation 19C continues to have effect on and after 26 August 2011 until this regulation expires under subregulation (7). (3) A local government is to ensure that a plan for the future applies in respect of each financial year before the financial year ending 30 June 2014. (4) A local government is not required to review a plan for the future under former regulation 19C(4) on or after 26 August 2011. (5) If, for the purposes of complying with subregulation (3), a local government makes a new plan for the future, local public notice of the adoption of the plan is to be given in accordance with former regulation 19D. (6) If a local government modifies a plan for the future under former regulation 19C(4), whether for the purposes of complying with subregulation (3) or otherwise — (a) the local government is not required to comply with former regulation 19C(7) or (8) in relation to the modifications of the plan; and (b) local public notice of the adoption of the modifications of the plan is to be given in accordance with former regulation 19D. (7) This regulation expires at the end of 30 June 2013. [Regulation 19DB inserted: Gazette 26 Aug 2011 p. 3485-6.] ##### 19D. Public notice of adoption of strategic community plan (1) If a strategic community plan is adopted, the CEO must — (a) give local public notice that the plan has been adopted; and (b) publish the plan on the local government’s official website. (2) If modifications to a strategic community plan are adopted, the CEO must — (a) give local public notice that modifications to the plan have been adopted; and (b) publish the modified plan on the local government’s official website. [Regulation 19D inserted: SL 2020/213 r. 21.] ## Part 6 — Disclosure of financial interests and gifts [Heading inserted: Gazette 26 Aug 2011 p. 3487; amended: Gazette 18 Oct 2019 p. 3679.] ##### 20. Closely associated persons, matters prescribed for (Act s. 5.62) (1) In subregulation (2) — client or adviser means a person who supplies, or receives, legal or financial professional services. (2) A person who, within the previous 12 months, was a client or adviser of a relevant person is a person of a class of persons prescribed for the purposes of section 5.62(1)(ca). (3) The amount prescribed for the purposes of section 5.62(1)(d)(ii)(I) is $10 000. (4) The percentage prescribed for the purposes of section 5.62(1)(d)(ii)(II) is 1%. (5) The prescribed manner of calculating the value of shares for the purposes of the definition of ***value*** in section 5.62(2) is — (a) the closing share price of the shares on the Australian Stock Exchange Limited on the last trading day of the financial year; or (b) the nominal value of the share, if the share was not listed on the Australian Stock Exchange Limited on the last trading day of the financial year. [Regulation 20 inserted: Gazette 31 Mar 2005 p. 1039-40; amended: Gazette 19 Aug 2005 p. 3873; 4 Mar 2016 p. 650.] ##### 20A. Amounts relating to gifts prescribed (Act s. 5.62(1A), 5.68(1C), 5.71B(2) and (4), 5.87A(3) and 5.87B(3)) (1) The amount prescribed for the purposes of sections 5.62(1A)(a)(i) and (ii), 5.87A(3)(a) and 5.87B(3)(a) is $300. (2) The amount prescribed for the purposes of sections 5.68(1C)(a) and (b) and 5.71B(2)(a) and (4) is $1 000. [Regulation 20A inserted: Gazette 18 Oct 2019 p. 3680; amended: SL 2023/102 r. 5.] ##### 20B. Excluded gifts prescribed (Act s. 5.62(1B)(b)) For the purposes of section 5.62(1B)(b) a gift is an excluded gift if the gift is made by any of the following entities — (a) WALGA; (b) Australian Local Government Association Limited (ABN 31 008 613 876); (c) Local Government Professionals Australia WA (ABN 91 208 607 072); (ca) LG Professionals Australia (ABN 85 004 221 818); (d) a department of the Public Service; (e) a government department of another State, a Territory or the Commonwealth; (f) a local government or regional local government. [Regulation 20B inserted: Gazette 18 Oct 2019 p. 3680; amended: SL 2021/16 r. 5.] ##### 21. Interests that need not be disclosed (Act s. 5.63(1)(h)) The interests prescribed for the purposes of section 5.63(1)(h) are as follows — (a) an interest relating to an allowance to which section 5.98A or 5.99A refers; (b) an interest (not being an interest referred to in section 5.63(1)) relating to the payment by the local government of money that the local government is legally obliged to pay; (c) an interest that a relevant person has in a matter that is the subject of a question directed to him or her during the time allocated for questions to be raised by members of the public and responded to at a meeting to which section 5.24(1)(a) or (b) applies; (d) an interest relating to the provision by a local government of refreshments, meals or accommodation to persons — (i) attending a meeting or function of the local government; or (ii) attending a conference relevant to local government business; or (iii) on other local government business; (e) an interest relating to — (i) the provision by the local government of office equipment to a relevant person for both local government purposes and occasional personal use; or (ii) a relevant person becoming the owner of office equipment — (I) that is provided under subparagraph (i) to the relevant person; and (II) that has only minor residual value after use by the relevant person; or (iii) setting an amount of a minor residual value for the purposes of subparagraph (ii); (f) an interest relating to the application of the *Taxation Administration Act 1953* (Commonwealth) Schedule 1 section 12‑45(1)(e) in relation to the local government. [Regulation 21 inserted: Gazette 28 Jun 2002 p. 3080‑1; amended: Gazette 21 Aug 2007 p. 4189; 18 Oct 2019 p. 3680; SL 2025/7 r. 4.] ##### 21A. Information to be recorded in minutes of meeting (Act s. 5.68(2)(b)) For the purposes of section 5.68(2)(b) the following information is prescribed — (a) a description of the gift; (b) the disclosing member’s estimated value of the gift at the time it was made; (c) the name of the person who made the gift; (d) the town or suburb of the address of the person who made the gift; (e) the reasons for the decision. [Regulation 21A inserted: Gazette 18 Oct 2019 p. 3681.] ##### 22. Primary returns, form of (Act s. 5.75(1) and (2)) For the purposes of section 5.75(1) and (2), the form of a primary return is set out in Form 2. ##### 23. Annual returns, form of (Act s. 5.76(1) and (2)) For the purposes of section 5.76(1) and (2), the form of an annual return is set out in Form 3. ##### 24. Amount of income prescribed (Act s. 5.80(3)) The amount of income prescribed for the purposes of section 5.80(3) is $500. [**25, 26.** Deleted: Gazette 18 Oct 2019 p. 3681.] ##### 27. Amount of debt prescribed (Act s. 5.85(2)(a)) The amount of debt to be paid prescribed for the purposes of section 5.85(2)(a) is $500. ##### 28. Register of financial interests, form of (Act s. 5.88(2)) The register of financial interests is to be in a form that sets out — (a) in relation to each disclosure made under section 5.65, 5.70, 5.71 or 5.71A — (i) the date of the disclosure; and (ii) the nature of the interest disclosed; and (b) in relation to each disclosure made under section 5.65 or 5.70 where the extent of the interest has also been disclosed, the extent of the interest; and (c) in relation to each disclosure made under section 5.65 or 5.70 — (i) the date of the meeting at which the matter will be or was discussed; and (ii) the number and details of the matter’s agenda item at the meeting. [Regulation 28 amended: Gazette 18 Oct 2019 p. 3681.] ##### 28A. Register of gifts (Act s. 5.89A(3)) The register of gifts is to be in the form of Form 4. In the version of the register of gifts published under section 5.89A(5) information about individuals’ addresses must be modified as required by section 5.89A(5A). [Regulation 28A inserted: Gazette 18 Oct 2019 p. 3681.] ##### 28B. Transitional provision for register of gifts commencement day has the meaning given in Schedule 9.3 clause 56(1); former Form 4 means Form 4 as it was immediately before commencement day; former record of disclosures means the record of disclosures that is required to be contained in the register of gifts under Schedule 9.3 clause 56(2). (2) Despite regulation 28A, to the extent that the register of gifts contains the former record of disclosures, it is to be in the form of former Form 4. [Regulation 28B inserted: Gazette 18 Oct 2019 p. 3681-2.] ## Part 7 — Access to information [Heading inserted: Gazette 26 Aug 2011 p. 3487.] ##### 29. Information to be available for public inspection (Act s. 5.94) (1) Subject to subregulation (2), the information prescribed for the purposes of section 5.94(u)(ii) is — (a) the information contained in a register to which section 5.18 applies; (b) the information contained in a register to which section 5.46(1) applies; (ba) the information contained in an electoral gift register established and maintained under regulation 30G(1) of the *Local Government (Elections) Regulations 1997*; [(baa), (bb) deleted] (bc) details of a regional price preference policy adopted in accordance with Part 4A of the *Local Government (Functions and General) Regulations 1996*; [(c) deleted] (d) all superseded versions of each policy of the local government; (e) the information contained in a tenders register kept under the *Local Government (Functions and General) Regulations 1996*. [(2), (3) deleted] [Regulation 29 amended: Gazette 23 Apr 1999 p. 1718; 25 Feb 2000 p. 969; 21 Aug 2007 p. 4189‑90; SL 2020/213 r. 22; SL 2022/185 r. 9.] ##### 29A. Limits on right to inspect local government information (Act s. 5.95) [(1) deleted] (2) For the purposes of section 5.95(6), the following information is prescribed as information that is confidential but that, under section 5.95(7), may be available for inspection if a local government so resolves — (a) information referred to in section 5.94 that would reveal the determination by the local government of a price for the sale or purchase of property by the local government; and (b) information referred to in section 5.94 about the discussion of such a matter; and (c) information referred to in section 5.94 which deals with anything in respect of which a meeting has been closed to members of the public under section 5.23(2), (3) or (4). (3) The information referred to in subregulation (2)(a) and (b) is confidential until the sale or purchase takes place, or a decision is made that the sale or purchase will not take place. (4) Subregulation (2)(c) does not apply to information that — (a) is covered by section 5.95(4); or (b) is required to be recorded in the minutes of a meeting under section 5.23(8); or (c) is the subject of a direction under section 5.23AA(4)(a). [Regulation 29A inserted: Gazette 31 Mar 2005 p. 1040-1; amended: SL 2020/213 r. 23; SL 2025/208 r. 17.] ##### 29B. Copies of certain information not to be provided (Act s. 5.96) A local government must not make available to a person copies of information referred to in section 5.94(m) or (s) unless — (a) the request for the information is made in the manner and form approved by the CEO of the local government; and (b) the CEO of the local government is satisfied, by statutory declaration or otherwise, that the information will not be used for commercial purposes. [Regulation 29B inserted: Gazette 28 Feb 2014 p. 519.] ##### 29C. Information to be published on official website (Act s. 5.96A(1)(i)) annual return means a return required by section 5.76; primary return means a return required by section 5.75. (2) For the purposes of section 5.96A(1)(i), the following information is prescribed — [(a), (b) deleted] (c) an up‑to‑date version of each policy of the local government; (d) the name of each council member who lodged a primary return or annual return for a financial year beginning on or after 1 July 2020; (e) the position of each employee who lodged a primary return or annual return for a financial year beginning on or after 1 July 2020; (f) the type, and the amount or value, of any fees, expenses or allowances paid to each council member during a financial year beginning on or after 1 July 2020; (g) a copy of any local public notice given under the *Local Government (Elections) Regulations 1997* regulation 80(8), 86(a), 86A or 87A(4) in respect of the local government. [(3), (4) deleted] (5) The information referred to in subregulation (2)(d) and (e) must be published on the local government’s official website — (a) if the return is lodged with the local government on or before 31 August immediately following the financial year to which the return relates — on or before 14 September immediately following the end of that financial year; or (b) if the return is lodged with the local government after 31 August immediately following the financial year to which the return relates — within 14 days after the return is lodged with the local government. (6) The information referred to in subregulation (2)(f) must be published on the local government’s official website on or before 14 July immediately following the end of the financial year to which the information relates. [Regulation 29C inserted: SL 2020/213 r. 24; amended: SL 2023/102 r. 6; SL 2023/158 r. 8; SL 2025/208 r. 18.] ##### 29D. Period for which information to be kept on official website (Act s. 5.96A(5)) For the purposes of section 5.96A(5), a period of not less than 5 years, beginning on the day on which the information is first published on the local government’s official website, is prescribed for the following information — (a) the annual report; (b) the annual budget; (c) confirmed minutes of council and committee meetings; (d) minutes of electors’ meetings; (e) information referred to in section 5.96A(1)(h); (f) information referred to in regulation 29C(2). [Regulation 29D inserted: SL 2020/213 r. 24.] ##### 29E. Record of information about conduct (Act s. 5.96C) oversight entity means any of the following — (a) the Inspector; (b) an Independent Inquiry; (c) the State Administrative Tribunal; (d) the Public Sector Commissioner; (e) the Corruption and Crime Commission; (f) a Royal Commission. (2) For the purposes of section 5.96C(1)(f), the following information is prescribed to the extent that it is about the conduct of a person who is, or of a person when they were, a council member, the CEO or another employee — (a) any adverse recommendation made by the Inspector in a report under section 8.4 that is provided to the local government; (b) any adverse finding, recommendation or proposition made by an oversight entity that is made available to the public. (3) For the purposes of section 5.96C(4)(c), information included in a record of information must be kept in the record of information for the period of 12 years beginning on the day on which the information is first included in the record of information. (4) For the purposes of section 5.96C(4)(d), the period for which information included in a record of information must be kept on the local government’s official website is the same as the period for which it must be kept in the record of information under subregulation (3). [Regulation 29E inserted: SL 2025/208 r. 19.] ## Part 8 — Local government payments and gifts to members [Heading inserted: Gazette 26 Aug 2011 p. 3487.] ##### 30. Meeting attendance fees (Act s. 5.98(1) and (2A)) [(1), (2) deleted] (3A) Each of the following meetings is a meeting of a prescribed type for the purposes of section 5.98(2A) — (a) meeting of a WALGA Zone, where the council member is representing a local government as a delegate elected or appointed by the local government; (b) meeting of a Regional Road Group established by Main Roads Western Australia, where the council member is representing a local government as a delegate elected or appointed by the local government; (c) council meeting of a regional local government where the council member is the deputy of a member of the regional local government and is attending in the place of the member of the regional local government; (d) meeting other than a council or committee meeting where the council member is attending at the request of a Minister of the Crown who is attending the meeting; (e) meeting other than a council meeting or committee meeting where the council member is representing a local government as a delegate elected or appointed by the local government. [(3B) deleted] (3C) A council member is not entitled to be paid a fee for attending a meeting of a type referred to in subregulation (3A) if — (a) the person who organises the meeting pays the council member a fee for attending the meeting; or (b) the council member is paid an annual fee in accordance with section 5.99; or (c) if the meeting is a meeting referred to in subregulation (3A)(c), the member of the regional local government is paid an annual fee in accordance with section 5.99. [(3)‑(5) deleted] [Regulation 30 amended: Gazette 23 Apr 1999 p. 1719; 31 Mar 2005 p. 1034; 3 May 2011 p. 1595-6; 13 Jul 2012 p. 3219.] ##### 31. Expenses to be reimbursed (Act s. 5.98(2)(a)) (1) For the purposes of section 5.98(2)(a), the kinds of expenses that are to be reimbursed by all local governments are — (a) rental charges incurred by a council member in relation to one telephone and one facsimile machine; and (b) child care and travel costs incurred by a council member because of the member’s attendance at a council meeting or a meeting of a committee of which he or she is also a member; and (c) child care and travel costs incurred by a council member in completing the training required by section 5.126(1). [(2)‑(5) deleted] [Regulation 31 amended: Gazette 31 Mar 2005 p. 1034; 13 Jul 2012 p. 3219; SL 2022/185 r. 10.] ##### 32. Expenses that may be approved for reimbursement (Act s. 5.98(2)(b)) (1) For the purposes of section 5.98(2)(b), the kinds of expenses that may be approved by any local government for reimbursement by the local government are — (a) an expense incurred by a council member in performing a function under the express authority of the local government; and (b) an expense incurred by a council member to whom paragraph (a) applies by reason of the council member being accompanied by not more than one other person while performing the function if, having regard to the nature of the function, the local government considers that it is appropriate for the council member to be accompanied by that other person; and (c) an expense incurred by a council member in performing a function in his or her capacity as a council member. [(2) deleted] [Regulation 32 amended: Gazette 13 Jul 2012 p. 3219.] ##### 32A. Class 1 local governments and class 2 local governments required to pay superannuation contribution payments (Act s. 5.99B(4)) (1) This regulation applies for the purposes of section 5.99B(4) on and after 19 October 2025. (2) A local government, for which no decision under section 5.99B(2) is in effect, must pay superannuation contribution payments for its council members under section 5.99B if the local government is a class 1 local government or class 2 local government. Notes for this regulation: 1. In subregulation (2), ***class 1 local government*** and ***class 2 local government*** have the meanings given in the *Local Government (Constitution) Regulations 1998* regulations 2A and 2B. 2. This regulation is subject to sections 5.99C and 5.99D — see sections 5.99B(9), 5.99C(1)(b) and 5.99D(1)(b). [Regulation 32A inserted: SL 2025/7 r. 5.] ##### 32B. Recovery of amount for superannuation contribution payment referable to annual allowance or annual fee paid in advance (Act s. 5.99E(2)) (1) This regulation applies for the purposes of section 5.99E(2) in respect of a case to which section 5.99E(1) applies. (2) The relevant person must pay the local government an amount determined as follows — R is the amount that the relevant person must repay under regulation 34AE(2), 34AF(3) or 36A(7) (as the case requires) in respect of the advance payment; A is the amount of the advance payment; S is the amount of the superannuation contribution payment (subject to subregulation (3)). (3) If the superannuation contribution payment was paid only partly by reference to, or otherwise in connection with, the advance payment, the reference in subregulation (2) in the definition of the variable “S” to the superannuation contribution payment is a reference to the part of that payment, as determined by the local government, that was paid by reference to, or otherwise in connection with, the advance payment. (4) The local government must take action to recover the amount that must be paid under subregulation (2) as a debt due from the relevant person to the local government. [Regulation 32B inserted: SL 2025/7 r. 5; amended: SL 2025/208 r. 20.] [**33-34AB.** Deleted: Gazette 13 Jul 2012 p. 3219] ##### 34AC. Gifts to council members, when permitted etc. (Act s. 5.100A) (1) The retirement of a council member who has served at least one full 4 year term of office is prescribed under section 5.100A(a) as circumstances in which a gift can be given to the council member. (2) The amount of $100 for each year served as a council member to a maximum of $1 000 is prescribed under section 5.100A(b) in respect of a gift given to a council member in the circumstances set out in subregulation (1). [Regulation 34AC inserted: Gazette 3 May 2011 p. 1596.] ##### 34ACA. Fees paid and expenses reimbursed to committee members (Act s. 5.100) (1) A meeting of a committee of the council of which the committee member is not a member is a meeting of a prescribed type for the purposes of section 5.100(3). (2) For the purposes of section 5.100(4)(a), the kinds of expenses that are to be reimbursed by all local governments are child care and travel costs incurred by a committee member because of their attendance at a meeting of the committee of which they are a member. (3) For the purposes of section 5.100(4)(b), the kinds of expenses that may be approved by any local government for reimbursement by the local government are — (a) an expense incurred by a committee member in performing a function under the express authority of the local government; and (b) an expense incurred by a committee member in performing a function in their capacity as a committee member. (4) For the purposes of Schedule 9.3 clause 62(2) — (a) section 5.98(7), as in force immediately before the transitional period, continues to apply in relation to meetings of committees held before or during that period as if the *Local Government Amendment Act 2023* section 79(2) had not come into operation; and (b) section 5.100(1), as in force immediately before the transitional period, continues to apply in relation to committee meetings held before or during that period as if the *Local Government Amendment Act 2023* section 80 had not come into operation; and (c) section 5.100(2), as in force immediately before the transitional period, continues to apply in relation to expenses incurred before or during that period as if the *Local Government Amendment Act 2023* section 80 had not come into operation. (5) In subregulation (4) — transitional period means the period that — (a) begins when the *Local Government Amendment Act 2023* section 80 comes into operation; and (b) ends immediately before the first determination of the Salaries and Allowances Tribunal under the *Salaries and Allowances Act 1975* section 7BAA comes into operation or is deemed to have come into operation. [Regulation 34ACA inserted: SL 2023/102 r. 7.] ##### 34AD. Method of payment of expenses for which person can be reimbursed (Act s. 5.101A) (1) The provision of a vehicle owned by a local government — (a) to a council member who is a mayor or president of the local government; or (b) to a council member who is not a mayor or president of the local government if — (i) no reasonable alternative method of travel is available to the council member; and (ii) the CEO, mayor or president of the local government has given prior written approval for the provision of the vehicle, is prescribed under section 5.101A as a method of payment of expenses for which a council member can be reimbursed. (2) Before a vehicle owned by a local government is provided to a council member the local government and the council member must sign an agreement setting out the responsibilities of the council member in relation to the use of the vehicle. [Regulation 34AD inserted: Gazette 3 May 2011 p. 1596-7.] ##### 34AE. Repayment and recovery of advance payments of fees and allowances (Act s. 5.102AB) (1) This regulation applies if — (a) a local government pays an annual allowance or annual fee under Part 5 Division 8 of the Act to a person in advance (either wholly or in part); and (b) before the end of the period (the relevant period) to which the advance payment relates — (i) the person ceases to hold the office to which the advance payment relates (otherwise than because of the death of the person); or (ii) the person is suspended from the office to which the advance payment relates. (2) The person must repay to the local government an amount calculated as follows — R is the amount the person must repay; A is the total amount of the advance payment; D is the total number of days in the relevant period; N is the number of whole days in the relevant period that the person holds, and is not suspended from, the office to which the advance payment relates. (3) The local government must take action to recover the amount that must be repaid under subregulation (2) as a debt due from the person to the local government. [Regulation 34AE inserted: Gazette 14 Dec 2018 p. 4805‑6.] ##### 34AF. Repayment and recovery of advance payments of fees and allowances where sanction ordered under Act s. 8A.25(1)(b)(v) (Act s. 8A.25(4)(b) and (5)) (1) Subregulations (2) and (3) apply, for the purposes of section 8A.25(4)(b), if the advance payment paid to the person (the sanctioned person) relates to a period that — (a) is the same as the period specified in the order under section 8A.25(1)(b)(v); or (b) includes the whole or a part of that specified period. (2) The CEO must determine the proportion of the advance payment (which could be nil or 100% or another proportion) that represents fees and allowances that the sanctioned person is not entitled to be paid under the sanction (taking into account any provision included in the order under section 8A.25(4)(a)). (3) The sanctioned person must repay to the local government an amount equal to the proportion of the advance payment determined by the CEO under subregulation (2). (4) For the purposes of section 8A.25(5), the local government must take action to recover the amount that must be repaid under subregulation (3) as a debt due from the sanctioned person to the local government. [Regulation 34AF inserted: SL 2025/208 r. 21.] [Part 9: Div. 1 heading, Div. 2 (r. 34E‑34G) deleted: Gazette 18 Oct 2019 p. 3682; balance (r. 34B, 34C) deleted: SL 2021/16 r. 6.] [Part 9A (r. 34D) deleted: SL 2025/208 r. 22.] ## Part 10 — Training [Heading inserted: Gazette 9 Aug 2019 p. 3022.] ##### 35. Training for council members (Act s. 5.126(1)) (1) A council member completes training for the purposes of section 5.126(1) if the council member passes the course of training specified in subregulation (2) within the period specified in subregulation (3). (2) The course of training is the course titled *Council Member Essentials* that — (a) consists of the following modules — (i) Understanding Local Government; (ii) Serving on Council; (iii) Meeting Procedures; (iv) Conflicts of Interest; (v) Understanding Financial Reports and Budgets; and (b) is provided by any of the following bodies — (i) North Metropolitan TAFE; (ii) South Metropolitan TAFE; (iii) WALGA. (3) The period within which the course of training must be passed is the period of 12 months beginning on the day on which the council member is elected. [Regulation 35 inserted: Gazette 9 Aug 2019 p. 3022‑3.] ##### 36. Exemption from Act s. 5.126(1) requirement (1) A council member is exempt from the requirement in section 5.126(1) if — (a) the council member passed any of the following courses within the period of 5 years ending immediately before the day on which the council member is elected — (i) the course of training specified in regulation 35(2); (ii) the course titled *52756WA — Diploma of Local Government (Elected Member)*; (iii) the course titled *LGA50220 Diploma of Local Government ‑ Elected Member*; (iv) the course titled *LGASS00007 Elected Member*; or (b) the council member passed the course titled *LGASS00002 Elected Member Skill Set* before 1 July 2019 and within the period of 5 years ending immediately before the day on which the council member is elected. (2) A person who is a council member on the day on which the *Local Government Regulations Amendment (Induction and Training) Regulations 2019* regulation 8 comes into operation is exempt from the requirement in section 5.126(1) until the end of their term of office. [Regulation 36 inserted: Gazette 9 Aug 2019 p. 3023; amended: SL 2022/185 r. 11.] ##### 36A. Declaration relating to training (Act s. 5.126) (1) A council member must, within the declaration period under subregulation (2) and in accordance with subregulation (3), declare either of the following — (a) that the council member passed the course of training specified in regulation 35(2) on the date specified in the declaration; (b) that the council member is not required to pass the course of training specified in regulation 35(2) within the period specified in regulation 35(3) because the council member is exempt under regulation 36. (2) The declaration period is the following periods taken together — (a) the period specified in regulation 35(3); (b) the period of 1 month beginning on the day after the period specified in regulation 35(3). (3) The declaration — (a) must be in writing and signed by the council member; and (b) if made under subregulation (1)(a) — must have attached to it a certificate or other written document issued by the provider of the course of training that verifies the matters referred to in subregulation (1)(a); and (c) if made under subregulation (1)(b) in the case of an exemption under regulation 36(1)(a) — must have attached to it a certificate or other written document issued by the provider of the relevant course referred to in regulation 36(1)(a) that verifies the matters referred to in regulation 36(1)(a); and (d) be provided to the CEO. (4) The CEO must notify the Inspector if — (a) a council member contravenes subregulation (1); or (b) the CEO has reason to believe that a declaration provided to the CEO is false or misleading or is likely to deceive. (5) Despite Part 5 Division 8 of the Act, if a council member (the non‑compliant member) contravenes subregulation (1), the non‑compliant member loses their entitlement to all fees, reimbursement of expenses and allowances under that Division in relation to the period (the non‑compliance period) that — (a) begins on the day after the declaration period under subregulation (2); and (b) ends on the day on which the non‑compliant member provides the CEO with the required declaration. (6) Subregulation (7) applies if the local government has paid the non‑compliant member, in advance, an annual allowance or annual fee under Part 5 Division 8 of the Act relating to a period (the advance payment period) that — (a) is the same as the non‑compliance period; or (b) includes the whole or a part of the non‑compliance period. (7) The non‑compliant member must repay to the local government an amount calculated as follows — R is the amount that the non‑compliant member must repay; A is the amount of the advance payment; D is the number of days in the advance payment period; N is the number of days in the non‑compliance period that are also in the advance payment period. (8) The local government must take action to recover the amount that must be repaid under subregulation (7) as a debt due from the non‑compliant member to the local government. [Regulation 36A inserted: SL 2025/208 r. 23.] ##### 36B. Offences relating to training (Act s. 5.126) (1) A council member commits an offence if they contravene section 5.126(1). Penalty for this subregulation: a fine of $10 000. (2) A council member commits an offence if they contravene regulation 36A(1). Penalty for this subregulation: (a) a fine of $5 000; (b) a daily penalty of a fine of $500 for each day or part of a day during which the offence continues. (3) A council member commits an offence if — (a) the council member provides the CEO with a declaration required under regulation 36A(1), including in a case where the declaration is provided after the declaration period under regulation 36A(2); and (b) the declaration contains information that the council member knows — (i) is false or misleading in a material particular; or (ii) is likely to deceive in a material way. Penalty for this subregulation: a fine of $10 000. [Regulation 36B inserted: SL 2025/208 r. 23.] ##### 37. Fees and expenses (Act s. 5.129(4)) (1) This regulation applies to a policy of a local government under section 5.129 to the extent that the policy makes provision under section 5.129(1)(c) or (d). (2) The policy must not allow for the payment or reimbursement of an amount in relation to the participation of a council member in continuing professional development unless the continuing professional development is relevant to either or both of the following — (a) the council’s role under the Act or another written law, including as described in section 2.7; (b) the council member’s role under the Act or another written law, including as described in any of sections 2.8 to 2.10. (3) The policy must not allow for the payment or reimbursement of an amount in relation to the participation of a council member in continuing professional development if the participation occurs during any of the following periods — (a) the period of 3 months ending on the day on which the term for which the council member was elected as an elector mayor or president, or as a councillor, ends; (b) if the council member delivers a notice of resignation to the CEO under section 2.31 specifying a later day from which the resignation takes effect under section 2.31(4) — the period that — (i) begins on the date of delivery of the notice; and (ii) ends when the resignation takes effect; (c) a period of suspension of the council or council member under Part 8 or 8A of the Act. [Regulation 37 inserted: SL 2023/158 r. 6; amended: SL 2025/208 r. 24.] ## Part 10A — Restricting communication about complaints [Heading inserted: SL 2025/208 r. 25.] ##### 37A. CEO restrictions on communication about complaints (Act s. 5.130) (1) For the purposes of section 5.130(5)(a), the notice under section 5.130(4) must include the following — (a) if section 5.130(2)(a) applies — details of the local government’s previous response to the complainant regarding the subject matter of the complaint; (b) if section 5.130(2)(b) applies — the reasons why the CEO is satisfied that the complaint is vexatious, misconceived, frivolous or without substance; (c) the reasons why the CEO is satisfied that to respond to the complaint would divert an unreasonable portion of the local government’s resources away from its other operations; (d) details of how the complainant can make a general complaint to the Inspector under section 8A.28(2) in relation to the CEO’s decision under section 5.130(3). (2) For the purposes of section 5.130(5)(b), the period must end no later than 12 months after the day on which the notice is given under section 5.130(4). (3) For the purposes of section 5.130(6)(d), the following actions are prescribed — (a) making an application (however described but not including a complaint under the Act) to the local government that is specifically required or authorised under a written law for a particular purpose; (b) attending a meeting of a committee of the council or raising a question at a meeting of a committee of the council in accordance with the Act; (c) attending a meeting of the electors of the district or participating in a meeting of the electors of the district in accordance with the Act; (d) requesting a special meeting under section 5.28(1); (e) making a submission under Schedule 2.2 clause 3 or 7 of the Act. [Regulation 37A inserted: SL 2025/208 r. 25.] ## Part 11 — Transitional provisions [Heading inserted: SL 2025/135 r. 4.] ##### 38. Transitional provisions relating to Local Government Inspector Inspector means the person (if any) who, during the pre‑commencement period, is appointed by the Governor, acting under the *Interpretation Act 1984* section 25(2), to the office of Local Government Inspector under section 8B.2(1) as to be inserted by the *Local Government Amendment Act 2024* section 125; pre‑commencement period means the period that — (a) begins on the day on which the *Local Government Regulations Amendment (Transitional Provisions) Regulations 2025* regulation 4 comes into operation; and (b) ends on — (i) 30 June 2026; or (ii) if earlier — the day before the day on which the *Local Government Amendment Act 2024* section 125 comes into operation; remuneration has the meaning given in the *Salaries and Allowances Act 1975* section 4(1). (2) This regulation is made for the purposes of Schedule 9.3 clause 81(2). (3) In respect of the Inspector’s acting in the office of Local Government Inspector during the pre‑commencement period under the *Interpretation Act 1984* section 25(4) — (a) the Inspector is entitled to be paid the remuneration determined by the Minister on the recommendation of the Public Sector Commissioner; and (b) the Minister may, on the recommendation of the Public Sector Commissioner, determine — (i) any leave of absence to which the Inspector is entitled; and (ii) other terms and conditions of service that apply to the Inspector. [Regulation 38 inserted: SL 2025/135 r. 4.] ##### 39. Further transitional provisions relating to *Local Government Amendment Act 2024* (1) This regulation is made for the purposes of Schedule 9.3 clause 81(2). (2) Section 5.87AA(1)(a) and (2)(a) as inserted by the *Local Government Amendment Act 2024* section 57 — (a) do not apply in relation to a primary return if the period within which the primary return was required to be lodged ended before 1 January 2026; and (b) do not apply in relation to an annual return if the date by which the annual return was required to be lodged was before 1 January 2026. (3) Section 5.87AA(1)(b) and (2)(b), as inserted by the *Local Government Amendment Act 2024* section 57, do not apply in relation to a primary return or annual return lodged before 1 January 2026. (4) The CEO cannot make a decision under section 5.130(3), as inserted by the *Local Government Amendment Act 2024* section 74, if the current complaint was made before 1 January 2026. [Regulation 39 inserted: SL 2025/208 r. 26.] ##### 40. Transitional provisions relating to *Local Government Regulations Amendment (Local Government Amendment Act 2024) Regulations 2025* Pt. 2 (1) The amendments made by the *Local Government Regulations Amendment (Local Government Amendment Act 2024) Regulations 2025* regulations 5, 7, 11 and 17 do not apply in relation to meetings held before 1 January 2026 and, on and after 1 January 2026, these regulations apply in relation to such meetings as if those amendments had not been made. (2) The CEO must, as soon as practicable after the beginning of 2026, publish on the local government’s official website under regulation 12(2) any further meeting details for meetings to be held in 2026 that are required to be published as a result of the amendment made by the *Local Government Regulations Amendment (Local Government Amendment Act 2024) Regulations 2025* regulation 6(1). (3) On and after 1 January 2026, in relation to a copy of a recording of a meeting provided to the Departmental CEO before 1 January 2026, the reference in regulation 14K(1)(e) to the Inspector is to be read as a reference to the Departmental CEO. (4) Subregulation (5) applies to information (the pre‑amendment information) referred to in regulation 29C(2)(a) or (b), as in force immediately before 1 January 2026, if the pre‑amendment information was published on the local government’s official website under section 5.96A(1) before 1 January 2026. (5) On and after 1 January 2026 — (a) the information prescribed under regulation 29E(2) does not include the pre‑amendment information; and (b) if the 5‑year period specified under regulation 29D did not expire in relation to the pre‑amendment information before 1 January 2026 — the pre‑amendment information must be kept on the local government’s official website under section 5.96A(1) for the rest of that 5‑year period. (6) In paragraph (b) of the definition of ***oversight entity*** in regulation 29E(1), the reference to an Independent Inquiry includes an Inquiry Panel established before 1 January 2026 under section 8.16 as in force before 1 January 2026. (7) Regulation 29E(2)(a) covers any adverse recommendation made before 1 January 2026 that was covered by regulation 29C(2)(a) as in force before 1 January 2026, subject to subregulation (5)(a). (8) Regulations 36A and 36B apply only to council members elected on or after 1 July 2025. (9) In relation to a council member elected in the period beginning on 1 July 2025 and ending on 31 December 2025, regulations 35 to 36B apply as if the period specified in regulation 35(3) were the period beginning on the day on which the council member is elected and ending on 31 December 2026. [Regulation 40 inserted: SL 2025/208 r. 26.]