Local Government (Constitution) Regulations 1998 (Western Australia)

These regulations set out the procedural, transitional and classificatory rules that implement and fill out parts of the Local Government Act 1995 concerning local government districts, wards, methods for filling mayoral/presidential offices, and internal council elections. Mechanically the instrument does the following.

Creates a four‑class taxonomy of local governments and lists which local governments fall into each class (reg 2A; Schedule 2). The classes are used elsewhere in the regulations to change permissible governance arrangements (for example, reg 10AE restricting method of filling the office of mayor or president for class 1 and 2 local governments).
Prescribes the forms and thresholds for elector initiated proposals and submissions about creating, altering or abolishing districts, for requests for polls on proposed amalgamations, and for proposals to change the method of filling the office of mayor or president (Forms 1-4; regs 8-10 and 10AD).
Sets out the legal consequences that flow on from an order under s 2.1 of the Act that creates, changes the boundaries of, or abolishes a district. These consequences cover the timing of the first electors’ meeting after creation (reg 4(2)), transfer of Crown land under care and management (regs 4(3), 5(4)(aa), 6(5)(aa)), treatment of enrolment eligibility claims (regs 5(4)(a), 6(4)(b), 6(5)(a)), valuation method for rating (regs 5(4)(b), 6(4)(c), 6(5)(b)), planning schemes and responsible authority status under the Planning and Development Act 2005 (regs 5(4)(c), 6(4)(d), 6(5)(c)), continuation and administration of local laws (reg 7), and transfer of property, rights, liabilities, contracts and pending proceedings (regs 6(4)(a), 6(4)(i)-(k)).
Prescribes election and ballot procedures when a council elects its mayor, president, deputy mayor or deputy president from among councillors under Schedule 2.3 to the Act, including form, authentication, marking, assistance for impaired voters, drawing of lots, declaration, public notice, reporting to the Minister and record retention requirements (regs 11A, 11B, 11C, 11D, 11E, 11EA, 11F, 11FA, 11G).

CrestWestern Australia

Local Government Act 1995

Local Government (Constitution) Regulations 1998

Western Australia

Local Government (Constitution) Regulations 1998

Contents

Part 1 — Preliminary

Citation 1
Terms used in these regulations 1

Part 1A — Classes of local governments

2A. Local governments divided into 4 classes 2

2B. Regional local governments 2

Part 2 — Districts and wards

Division 1 — Orders under section 2.1

Interpretation 4
Creating a new district: consequences 4
Changing district boundaries: consequences 5
Abolishing a district: consequences 7
Effect of section 2.1 order on local laws 11

Division 2 — Matters under Schedules 2.1 and 2.2 to the Act

Proposals for creating, changing the boundaries of, or abolishing districts (Sch. 2.1 cl. 2) 14
Request for a poll on a recommended amalgamation (Sch. 2.1 cl. 8) 14
Submission about changes to wards, names or representation (Sch. 2.2 cl. 3) 14

Division 3 — Districts that cannot be divided into wards

10AA. Term used: class 3 or 4 district 15

10AB. Class 3 or 4 district cannot be divided into wards (s. 2.2A(1)(a)) 15

10AC. Abolition of wards in class 3 or 4 district (s. 2.2A(1)(b) and (2)(b) and (c)) 15

Part 3 — Offices on councils

Division 1 — Method of filling office of mayor or president

10AD. Proposals to change method of filling office of mayor or president (s. 2.12) 17

10AE. Class 1 or 2 local government must use election by electors method (s. 2.12B(1)(a)) 17

10AF. Change of method of filling office of mayor or president (s. 2.12B(1)(b) and (2)(a), 2.13(4)(a)) 17

Division 2 — Matters under Schedule 2.3 of Act

10A. Terms used 19

11A. Election of mayor, president, deputy mayor or deputy president by council (Sch. 2.3) 20

11B. Ballot papers to be authentic (Sch. 2.3 cl. 4 and 8) 20

11C. Spoilt ballot papers (Sch. 2.3 cl. 4 and 8) 21

11D. Marking and dealing with the ballot paper (Sch. 2.3 cl. 4 and 8) 21

11E. Assistance to be given to council members who cannot otherwise vote (Sch. 2.3 cl. 4 and 8) 21

11EA. Drawing of lots (Sch. 2.3 cl. 4, 5, 8 and 9) 22

11F. Declaration and notice of result of election — (Sch. 2.3 cl. 4 and 8) 22

11FA. Report to Minister (Sch. 2.3 cl. 4 and 8) 23

11G. Records of election to be retained (Sch. 2.3 cl. 4 and 8) 24

11H. Notice of effect of Court’s decision (Sch. 2.3 cl. 12) 24

Division 3 — Other provisions

Oaths, affirmations and declarations (s. 2.29, 2.42) 25

Part 4 — Miscellaneous

Transitional provision: Certain council members (s. 9.71) 27

14A. Transitional provision: reviews under Sch. 2.2 cl. 6 of Act 27

14B. Transitional provision: elections under Sch. 2.3 of Act 28

14C. Transitional provision: Advisory Board 28

Schedule 1 — Forms

Schedule 2 — Classes of local governments

Division 1 — Class 1 local governments

Division 2 — Class 2 local governments

Division 3 — Class 3 local governments

Division 4 — Class 4 local governments

Notes

Compilation table 47

Defined terms

Local Government Act 1995

Local Government (Constitution) Regulations 1998

Part 1 — Preliminary

1. Citation

These regulations may be cited as the Local Government (Constitution) Regulations 1998.

2. Terms used in these regulations

In these regulations, unless the contrary intention appears —

Form means a Form in Schedule 1;

section means a section of the Local Government Act 1995.

Part 1A — Classes of local governments

[Heading inserted: SL 2023/102 r. 10.]

2A. Local governments divided into 4 classes

For the purposes of these regulations and any other regulations made under the Act —

(a) a class 1 local government is a local government listed in Schedule 2 Division 1; and

(b) a class 2 local government is a local government listed in Schedule 2 Division 2; and

(d) a class 4 local government is a local government listed in Schedule 2 Division 4.

[Regulation 2A inserted: SL 2023/102 r. 10.]

2B. Regional local governments

(1) This regulation applies for the purposes of any provision of regulations made under the Act —

(a) that applies to regional local governments under section 3.66; and

(b) in which any of the following terms is used —

(i) class 1 local government;

(ii) class 2 local government;

(iii) class 3 local government;

(iv) class 4 local government.

(2) No regional local government is a class 1 local government.

(3) Each of the following is a class 2 local government —

(a) Eastern Metropolitan Regional Council;

(b) Resource Recovery Group;

(4) Each of the following is a class 3 local government —

(a) Mindarie Regional Council;

(b) Rivers Regional Council.

(5) Each of the following is a class 4 local government —

(a) Bunbury‑Harvey Regional Council;

(b) Murchison Regional Vermin Council;

[(c) deleted]

(d) Western Metropolitan Regional Council.

[Regulation 2B inserted: SL 2023/102 r. 10; amended: SL 2023/158 r. 10.]

Part 2 — Districts and wards

Division 1 — Orders under section 2.1

3. Interpretation

(1) If there is a reference in a provision in this Part to a district described as “district A” then a reference in that provision to “local government A” is a reference to the local government of district A.

(2) Subregulation (1), with necessary changes, applies in respect of other districts similarly described.

4. Creating a new district: consequences

(1) This regulation applies if an order is made under section 2.1 declaring an area of the State to be a district.

(2) The first general meeting of the electors of the district is to be held under section 5.27 after the local government of the district accepts the annual report for its first financial year.

(3) If, on the commencement of the order referred to in subregulation (1), a part of the area of a district (“district A”) (which is not abolished) is included in the area of the new district (“district B”), then on that commencement any Crown land that is in that part of district A and that, immediately before that commencement, is under the care, control and management of local government A becomes under the care, control and management of local government B on the same conditions to which the care, control and management of that Crown land by local government A were subject.

[Regulation 4 amended: Gazette 12 Dec 2014 p. 4734.]

5. Changing district boundaries: consequences

(1) In this regulation —

commencement means the commencement of the order referred to in subregulation (2).

(2) This regulation applies if an order is made under section 2.1 changing the boundaries of a district (“district A”).

(3) If as a result of the order the whole of the area of a ward of district A is severed from it, then on commencement —

(a) the ward is abolished; and

(b) the number of offices of councillor on the council of local government A is reduced by the number of offices of councillor for the ward.

(4) If as a result of the order the area of district A incorporates a part of the area of another district (which is not abolished) (“district B”), then on commencement —

(aa) any Crown land that is in that part of district B and that, immediately before commencement, is under the care, control and management of local government B becomes under the care, control and management of local government A on the same conditions to which the care, control and management of that Crown land by local government B were subject; and

(a) if under section 4.32 a person has, in respect of rateable property in that part of district B, made an enrolment eligibility claim that has been accepted and still has effect under section 4.33 immediately before commencement —

(i) the claim is to be taken to have been made and accepted in respect of district A on the day on which it was accepted in respect of district B; and

(ii) for the purposes of section 4.33, any ordinary elections of local government B held after the claim was so accepted are to be treated as if they had been held by local government A;

and

(b) the method of valuation of land used by local government B as a basis for a rate in respect of land in that part of district B immediately before commencement becomes the method of valuation to be used by local government A in respect of that land; and

(c) if immediately before commencement that part of district B is subject to a local planning scheme that is in force under the Planning and Development Act 2005 —

(i) the scheme has effect in respect of that part as if it were a scheme prepared by local government A in respect of that part, approved by the Minister under that Act, and published under that Act on commencement; and

(ii) in so far as the scheme applies to that part, local government A is taken to be the responsible authority for the purposes of that Act; and

(iii) in so far as the scheme applies to that part, a reference in the scheme to local government B is to be taken to be a reference to local government A;

and

(d) if a matter or procedure under a written law in relation to any land in that part of district B has not been completed before commencement, any function performed in respect of that land under that law before commencement, whether by local government B or another person, has effect as if it had been performed by local government A or that other person and the matter or procedure may be completed by local government A or that other person; and

(e) actions and proceedings by or against local government B are not affected.

[Regulation 5 amended: Gazette 12 Dec 2014 p. 4734‑5.]

6. Abolishing a district: consequences

(1) In this regulation —

commencement means the commencement of the order referred to in subregulation (2).

(2) This regulation applies if an order is made under section 2.1 abolishing a district (“district A”).

(3) On commencement —

(a) local government A is disestablished;

(b) all offices of members of the council of local government A cease to exist.

(4) If on commencement the whole of the area of district A is included in the area of one other district (“district B”), whether by means of a boundary change to an existing district or by means of a declaration of a new district, then on commencement —

(a) the property, rights and liabilities of local government A become those of the local government B; and

(b) if under section 4.32 a person has, in respect of rateable property in district A, made an enrolment eligibility claim that has been accepted and still has effect under section 4.33 immediately before commencement —

(i) the claim is to be taken to have been made and accepted in respect of district B on the day on which it was accepted in respect of district A; and

(ii) for the purposes of section 4.33, any ordinary elections of local government A held after the claim was so accepted are to be treated as if they had been held by local government B;

and

(c) the method of valuation of land used by local government A as a basis for a rate in respect of land in district A immediately before commencement becomes the method of valuation to be used by local government B in respect of that land; and

(d) if immediately before commencement any land in district A is subject to a local planning scheme that is in force under the Planning and Development Act 2005 —

(i) the scheme has effect in respect of that area as if it were a scheme prepared by local government B in respect of that area, approved by the Minister under that Act, and published under that Act on commencement; and

(ii) in so far as the scheme applies to that area, local government B is taken to be the responsible authority for the purposes of that Act; and

(iii) in so far as the scheme applies to that area, a reference in the scheme to local government A is to be taken to be a reference to local government B;

and

(e) if a matter or procedure under a written law in relation to any land in district A has not been completed before commencement, any function performed in respect of that land under that law before commencement, whether by local government A or another person, has effect as if it had been performed by local government B or that other person and the matter or procedure may be completed by local government B or that other person; and

(f) if a matter or procedure under a written law has not been completed by local government A before commencement, the matter or procedure may be completed by local government B; and

(g) a person who, immediately before commencement, has a contract of employment with local government A, is to be taken to have an identical contract of employment with local government B; and

(h) a person who, immediately before commencement, holds an appointment made under a written law by local government A for the purposes of enforcing or administering that written law, becomes a person appointed by local government B for those purposes; and

(i) a reference in any instrument, contract, written law, or proceedings made or commenced before commencement to local government A shall be read and construed as a reference to local government B; and

(j) actions and other proceedings commenced by or against local government A and pending immediately before commencement may be continued by or against local government B; and

(k) actions and other proceedings which could have been brought by or against local government A may be brought by or against local government B.

(5) If on commencement, a part of the area of district A is included in the area of another district (“district B”), whether by means of a boundary change to an existing district or by means of a declaration of a new district, then on commencement —

(aa) any Crown land that is in that part of district A and that, immediately before commencement, is under the care, control and management of local government A becomes under the care, control and management of local government B on the same conditions to which the care, control and management of that Crown land by local government A were subject; and

(a) if under section 4.32 a person has, in respect of rateable property in that part of district A, made an enrolment eligibility claim that has been accepted and still has effect under section 4.33 immediately before commencement —

(i) the claim is to be taken to have been made and accepted in respect of district B on the day on which it was accepted in respect of district A; and

(ii) for the purposes of section 4.33, any ordinary elections of local government A held after the claim was so accepted are to be treated as if they had been held by local government B;

and

(b) the method of valuation of land used by local government A as a basis for a rate in respect of land in that part of district A immediately before commencement becomes the method of valuation to be used by local government B in respect of that land; and

(c) if immediately before commencement that part of district A is subject to a local planning scheme that is in force under the Planning and Development Act 2005 —

(i) the scheme has effect in respect of that part as if it were a scheme prepared by local government B in respect of that part, approved by the Minister under that Act, and published under that Act on commencement; and

(ii) in so far as the scheme applies to that part, local government B is taken to be the responsible authority for the purposes of that Act; and

(iii) in so far as the scheme applies to that part, a reference in the scheme to local government A is to be taken to be a reference to local government B;

and

(d) if a matter or procedure under a written law in relation to any land in that part of district A has not been completed before commencement, any function performed in respect of that land under that law before commencement, whether by local government A or another person, has effect as if it had been performed by local government B or that other person and the matter or procedure may be completed by local government B or that other person; and

(e) actions and other proceedings commenced by or against local government A in relation to any land, or in relation to a matter that occurred on any land, in that part of district A and pending immediately before commencement may be continued by or against local government B; and

(f) actions and other proceedings which could have been brought by or against local government A in relation to any land, or in relation to a matter that occurred on any land, in that part of district A may be brought by or against local government B.

[Regulation 6 amended: Gazette 12 Dec 2014 p. 4735.]

7. Effect of section 2.1 order on local laws

(1) In this regulation —

commencement means —

(a) in subregulation (2), the commencement of the order referred to in subregulation (2);

(b) in subregulation (3), the commencement of the order referred to in subregulation (3).

(2) If as a result of an order made under section 2.1 an area of the State is declared to be a district (“district A”) and the area includes —

(a) a part of the area of a district (“district B”) the boundaries of which are changed by the order; or

(b) the whole, or a part, of the area of a district (“district C”) that is abolished by the order; or

then on commencement —

(d) the local laws that applied in that part of the area of district B immediately before the commencement continue to apply in respect of that part of the area of district B that is included in district A; and

(e) the local laws that applied in the whole, or that part, of the area of district C immediately before the commencement continue to apply in respect of the whole, or that part, of the area of district C that is included in district A; and

(f) the local laws of local government C continue to apply in respect of the whole, or that part, of the area of district C that is included in district A; and

(g) the local laws of local governments B and C, in so far as they continue to apply in respect of those areas —

(i) are to be administered and enforced by local government A; and

(ii) subject to Division 2 of Part 3 of the Act, may be amended or repealed by local government A,

as if they were local laws of local government A.

(3) If as a result of an order made under section 2.1 an area of the State is included in the area of another district (“district A”) and the area of the State includes —

(a) a part of the area of a district (“district B”) the boundaries of which are changed by the order; or

(b) the whole, or a part, of the area of a district (“district C”) that is abolished by the order; or

then on commencement —

(f) the local laws of local government C continue to apply in respect of the whole, or that part, of the area of district C that is included in district A; and

(g) the local laws of local governments B and C, in so far as they continue to apply in respect of those areas —

(i) are to be administered and enforced by local government A; and

(ii) subject to Part 3 Division 2 of the Act, may be amended or repealed by local government A,

as if they were local laws of local government A; and

(h) until the local laws of local government A provide otherwise, the local laws of local government A do not apply in respect of —

(i) that part of the area of district B that is included in district A; or

(ii) the whole, or that part, of the area of district C that is included in district A.

[Regulation 7 amended: Gazette 12 Dec 2014 p. 4735‑7.]

Division 2 — Matters under Schedules 2.1 and 2.2 to the Act

8. Proposals for creating, changing the boundaries of, or abolishing districts (Sch. 2.1 cl. 2)

A proposal by affected electors under clause 2 of Schedule 2.1 to the Act is to be in the form of Form 1.

9. Request for a poll on a recommended amalgamation (Sch. 2.1 cl. 8)

A request by electors under clause 8 of Schedule 2.1 to the Act asking for a recommendation of the Advisory Board that districts be abolished and amalgamated to be put to a poll of electors of the districts is to be in the form of Form 2.

10. Submission about changes to wards, names or representation (Sch. 2.2 cl. 3)

A submission by affected electors under clause 3 of Schedule 2.2 to the Act is to be in the form of Form 3.

Division 3 — Districts that cannot be divided into wards

[Heading inserted: SL 2023/102 r. 11.]

10AA. Term used: class 3 or 4 district

In this Division —

class 3 or 4 district means a district that is —

(a) the district of a class 3 local government; or

(b) the district of a class 4 local government.

[Regulation 10AA inserted: SL 2023/102 r. 11.]

10AB. Class 3 or 4 district cannot be divided into wards (s. 2.2A(1)(a))

(1) For the purposes of section 2.2A(1)(a), a class 3 or 4 district cannot be divided into wards.

(2) Subregulation (1) is subject to regulation 10AC(3).

[Regulation 10AB inserted: SL 2023/102 r. 11.]

10AC. Abolition of wards in class 3 or 4 district (s. 2.2A(1)(b) and (2)(b) and (c))

(1) In this regulation —

amendment day means the day on which the Local Government Regulations Amendment Regulations (No. 2) 2023 regulation 11 comes into operation;

next election, in relation to a class 3 or 4 district, means the first ordinary election after amendment day for the local government of which it is the district;

next election day, in relation to a class 3 or 4 district, means the day fixed under the Act for the holding of any poll needed for the next election (whether or not any poll is actually held).

(2) This regulation applies to a class 3 or 4 district which, immediately before amendment day, is divided into wards.

(3) Regulation 10AB(1) does not apply to the class 3 or 4 district before next election day.

(4) For the purposes of section 2.2A(1)(b), all of the wards are abolished on next election day.

(5) For the purposes of section 2.2A(2)(b), Part 4 of the Act applies for the purpose of preparing for, and conducting, the next election as if the abolition of all of the wards takes effect on amendment day.

Note for this subregulation:

The operation of Part 4 of the Act is modified to the extent necessary to give effect to this subregulation — see section 2.2A(2)(c).

(6) Subregulations (4) and (5) do not apply if all of the wards are to be abolished on next election day by an order made under the Act that is published in the Gazette before amendment day.

[Regulation 10AC inserted: SL 2023/102 r. 11.]

Part 3 — Offices on councils

Division 1 — Method of filling office of mayor or president

[Heading inserted: SL 2023/102 r. 12.]

10AD. Proposals to change method of filling office of mayor or president (s. 2.12)

A proposal by electors under section 2.12 to change the method of filling the office of mayor or president of a local government to the other method mentioned in section 2.11(1)(a) or (b) must be in the form of Form 4.

[Regulation 10AD inserted: SL 2023/102 r. 12.]

10AE. Class 1 or 2 local government must use election by electors method (s. 2.12B(1)(a))

(1) For the purposes of section 2.12B(1)(a), the method of filling the office of mayor or president used by a local government that is a class 1 local government or a class 2 local government —

(a) must be the election by the electors method; and

(b) cannot be changed to the election by the council method.

(2) Subregulation (1) does not apply to the City of Perth.

Note for this subregulation:

The City of Perth Act 2016 section 20 provides for the City of Perth to use the election by the electors method.

[Regulation 10AE inserted: SL 2023/102 r. 12.]

10AF. Change of method of filling office of mayor or president (s. 2.12B(1)(b) and (2)(a), 2.13(4)(a))

(1) In this regulation —

amendment day means the day on which the Local Government Regulations Amendment Regulations (No. 2) 2023 regulation 12 comes into operation;

relevant local government means —

(a) a class 1 local government if, immediately before amendment day, the method of filling the office of mayor or president used by the class 1 local government is the election by the council method; or

(b) a class 2 local government if, immediately before amendment day, the method of filling the office of mayor or president used by the class 2 local government is the election by the council method.

(2) For the purposes of section 2.12B(1)(b), the method of filling the office of mayor or president used by a relevant local government is changed to the election by the electors method.

(3) For the purposes of section 2.13(4)(a), the change has effect in relation to the filling of the office of mayor or president at the next ordinary elections for the relevant local government that are held after amendment day.

Note for this subregulation:

This subregulation makes the provision required by section 2.12B(2)(a) because of the provision made by subregulation (2).

(4) Subregulations (2) and (3) do not apply to a relevant local government if —

(a) before amendment day, the relevant local government made a decision under section 2.11(2) to change the method of filling the office of mayor or president used by it to the election by the electors method; and

(b) in accordance with section 2.13(1), the change has effect in relation to the filling of the office of mayor or president at the next ordinary elections for the relevant local government that are held after amendment day.

[Regulation 10AF inserted: SL 2023/102 r. 12.]

Division 2 — Matters under Schedule 2.3 of Act

[Heading inserted: SL 2023/102 r. 13.]

10A. Terms used

In this Division —

election means an election under Schedule 2.3 to the Act;

first‑preference vote has the meaning given in Schedule 4.1 clause 1 of the Act;

records of the election includes —

(a) each marked ballot paper returned to the CEO under regulation 11D(2); and

(b) each ballot paper marked by the CEO on behalf of a council member under regulation 11E; and

(d) a paper record that shows the number of first‑preference votes that each candidate had; and

(e) if the result of the election is ascertained under Schedule 4.1 clause 5 of the Act (as applied under Schedule 2.3 of the Act) — a paper record that shows —

(i) each candidate who was excluded under Schedule 4.1 clause 5(2)(a) of the Act; and

(ii) details of the setting aside or transfer of ballot papers under Schedule 4.1 clause 5(2)(b) or (c) of the Act; and

(iii) the number of votes that each candidate who was not excluded had on the last count under Schedule 4.1 clause 5(2)(d) of the Act.

[Regulation 10A inserted: Gazette 31 Mar 2005 p. 1044; amended: Gazette 21 Aug 2007 p. 4184-5; 28 Aug 2009 p. 3371; SL 2023/102 r. 14.]

[11. Deleted: SL 2023/102 r. 15.]

11A. Election of mayor, president, deputy mayor or deputy president by council (Sch. 2.3)

(1) The CEO is to cause sufficient numbers of ballot papers to be printed for the purposes of the election.

(2) The CEO is to cause the ballot papers to be printed so that the names of the candidates appear on the ballot paper —

(a) in alphabetical order; or

(b) in such order as is determined using a method selected by the CEO which is fair to all of the candidates.

(3) The ballot papers are to be in the form of Form 10 of the Local Government (Elections) Regulations 1997, modified as is necessary for the purposes of the election.

(4) Section 4.69(2) to (4) apply in relation to the casting of votes, modified as is necessary for the purposes of the election.

[(5) deleted]

[Regulation 11A inserted: Gazette 31 Mar 2005 p. 1044-5; amended: Gazette 21 Aug 2007 p. 4185; 28 Aug 2009 p. 3372; SL 2023/102 r. 16.]

11B. Ballot papers to be authentic (Sch. 2.3 cl. 4 and 8)

Before giving a person a ballot paper under this Part the CEO is to initial the back of it or make sure that it is authenticated in some other way.

[Regulation 11B inserted: Gazette 31 Mar 2005 p. 1045.]

11C. Spoilt ballot papers (Sch. 2.3 cl. 4 and 8)

If the CEO is satisfied that a ballot paper given to a council member has been spoilt by accident or mistake, the CEO is to —

(a) give the person a replacement ballot paper; and

(b) endorse “spoilt” on the spoilt ballot paper.

[Regulation 11C inserted: Gazette 31 Mar 2005 p. 1045; amended: Gazette 21 Aug 2007 p. 4188.]

11D. Marking and dealing with the ballot paper (Sch. 2.3 cl. 4 and 8)

(1) Subject to regulation 11E, a council member who receives a ballot paper under this Part is to mark the ballot paper in such a manner that it cannot be seen by anyone else.

(2) The council members are to return the marked ballot paper to the CEO.

[Regulation 11D inserted: Gazette 31 Mar 2005 p. 1045; amended: Gazette 21 Aug 2007 p. 4188.]

11E. Assistance to be given to council members who cannot otherwise vote (Sch. 2.3 cl. 4 and 8)

(1) If a council member who receives a ballot paper under this Part cannot vote without assistance because of impairment of sight or any other impairment or condition affecting the council member’s ability to read or to write, the council member may request the CEO to mark on the ballot paper the vote that the council member wishes to cast.

(2) If a request is made under subregulation (1) the CEO, or another local government employee authorised for that purpose by the CEO, is to mark the ballot paper to record the vote that the council member wishes to cast.

[Regulation 11E inserted: Gazette 31 Mar 2005 p. 1045-6; amended: Gazette 21 Aug 2007 p. 4188.]

11EA. Drawing of lots (Sch. 2.3 cl. 4, 5, 8 and 9)

If a provision of Schedule 4.1 of the Act (as applied under Schedule 2.3 of the Act) requires the drawing of lots, the applicable regulation of the Local Government (Elections) Regulations 1997 Part 12C Division 4 applies, modified as is necessary for the purposes of the election.

Note for this regulation:

A requirement to draw lots under Schedule 4.1 clause 2(2) or 5(6)(b) of the Act is subject to Schedule 2.3 clause 5(1) or 9(1) of the Act (as the case requires).

[Regulation 11EA inserted: SL 2023/102 r. 17.]

11F. Declaration and notice of result of election — (Sch. 2.3 cl. 4 and 8)

(1) The CEO is to declare the result of the election to the council members at the meeting at which the election was held.

(2) The declaration is to include —

(a) the names of the candidates; and

[(aa) deleted]

(b) the name and term of office of the candidate declared elected.

(3) The declaration may include the following information —

(a) the number of first‑preference votes that each candidate had;

(b) if the result of the election is ascertained under Schedule 4.1 clause 5 of the Act (as applied under Schedule 2.3 of the Act) —

(i) each candidate who was excluded under Schedule 4.1 clause 5(2)(a) of the Act; and

(ii) details of the setting aside or transfer of ballot papers under Schedule 4.1 clause 5(2)(b) or (c) of the Act; and

(iii) the number of votes that each candidate who was not excluded had on the last count under Schedule 4.1 clause 5(2)(d) of the Act.

(4) The CEO must also give local public notice of the result of the election.

(5) The local public notice must be in the form of Form 19 of the Local Government (Elections) Regulations 1997, modified as is necessary for the purposes of this regulation.

(6) If applicable, a document approved by the CEO that contains the details referred to in subregulation (3)(b)(ii) must be published on the local government’s official website with the local public notice.

[Regulation 11F inserted: Gazette 31 Mar 2005 p. 1046; amended: Gazette 21 Aug 2007 p. 4186 and 4188; 28 Aug 2009 p. 3372; SL 2023/102 r. 18; SL 2023/158 r. 11; SL 2023/158 r. 13; SL 2025/7 r. 7.]

11FA. Report to Minister (Sch. 2.3 cl. 4 and 8)

(1) Within 14 days after the declaration of the result of the election, the CEO is to provide the Minister with a report as to the result of the election.

(2) The report is to be in the form of Form 20 of the Local Government (Elections) Regulations 1997, modified as is necessary for the purposes of this regulation.

[Regulation 11FA inserted: Gazette 21 Aug 2007 p. 4186; amended: SL 2025/7 r. 8.]

11G. Records of election to be retained (Sch. 2.3 cl. 4 and 8)

(1) As soon as practicable after the result of the election is declared the CEO is to —

(a) put the records of the election in one or more parcels; and

(b) secure each parcel; and

(2) The CEO is to keep the parcels in safe custody and retain them for a period of at least 4 years after the declaration of the result of the election.

(3) If, after the period mentioned in subregulation (2), the parcels are to be destroyed, the destruction is to be carried out by or under the supervision of the CEO in the presence of at least 2 employees.

[Regulation 11G inserted: Gazette 31 Mar 2005 p. 1046; amended: Gazette 12 Dec 2014 p. 4737.]

11H. Notice of effect of Court’s decision (Sch. 2.3 cl. 12)

If a Court of Disputed Returns makes a declaration under regulation 85(1)(a), (b) or (c) of the Local Government (Elections) Regulations 1997, as applied under clause 12(2) of Schedule 2.3 to the Act, the CEO is, as soon as practicable —

(a) to give local public notice in a form that conveys the effect of the declaration; and

(b) to provide to the Minister a report in a form that conveys the effect of the declaration.

[Regulation 11H inserted: Gazette 21 Aug 2007 p. 4186-7.]

Division 3 — Other provisions

[Heading inserted: SL 2023/102 r. 19.]

[12. Deleted: SL 2025/7 r. 9.]

13. Oaths, affirmations and declarations (s. 2.29, 2.42)

(1) For the purposes of sections 2.29 and 2.42 —

[(a), (b) deleted]

(d) the form of declaration for a commissioner is that in Form 8.

(2) A declaration required by section 2.29 to be made by a person elected as a mayor or president is to be made before —

(a) the immediate predecessor of the person in the office of mayor or president; or

(b) an authorised person.

(3) A declaration required by section 2.29 to be made by a person elected as a councillor, deputy mayor or deputy president is to be made before an authorised person.

(4) A declaration required by section 2.42 to be made by a person appointed as a commissioner is to be made before an authorised person.

(5) In this regulation —

authorised person means a person before whom a statutory declaration can be made under the Oaths, Affidavits and Statutory Declarations Act 2005.

[Regulation 13 amended: Gazette 20 Jan 2006 p. 380-1.]

Part 4 — Miscellaneous

14. Transitional provision: Certain council members (s. 9.71)

(1) To avoid doubt it is declared that for the purposes of the application of Part 2 Division 5 of the Act and section 2.32 to —

(a) the remainder of the term of office of a member of council referred to in clause 6 of Schedule 9.3 to the Act; or

(b) the term of office of a member of council elected at an election referred to in clause 13 of Schedule 9.3 to the Act,

the member is to be regarded as being an elector of the district so long as he or she continues to —

(d) be, within the meaning of the former provisions, the owner or occupier of rateable property in the district.

(2) In subregulation (1) —

former provisions means the Local Government Act 1960 as in force immediately before the day on which the Local Government Act 1995 came into operation.

[Regulation 14 amended: Gazette 21 Aug 2007 p. 4187.]

14A. Transitional provision: reviews under Sch. 2.2 cl. 6 of Act

(1) In this regulation —

amendment day means the day on which the Local Government Amendment Act 2023 section 90 comes into operation.

(2) For the purposes of Schedule 9.3 clause 62(2) of the Act —

(a) the amendments made by the Local Government Amendment Act 2023 section 90 do not affect a requirement imposed by the Advisory Board on a local government under Schedule 2.2 clause 6(3) of the Act before amendment day; and

(b) the Act continues to apply in relation to the requirement as if those amendments had not been made and the local government must comply with the requirement accordingly.

[Regulation 14A inserted: SL 2023/102 r. 20.]

14B. Transitional provision: elections under Sch. 2.3 of Act

The amendments made by the Local Government Regulations Amendment Regulations (No. 2) 2023 regulations 14(2) and (3) and 16 to 18 do not apply in relation to an election which is conducted at a meeting held before 21 October 2023 and, accordingly, these regulations apply in relation to the election as if those amendments had not been made.

[Regulation 14B inserted: SL 2023/102 r. 20.]

14C. Transitional provision: Advisory Board

(1) In this regulation —

2024 amendment Act means the Local Government Amendment Act 2024;

existing deputy means a person who, immediately before reconstitution day, is a deputy under Schedule 2.5 clause 3 of the Act;

existing member means a person who, immediately before reconstitution day, is a member of the Advisory Board;

reconstitution day means the day on which sections 146 to 151 of the 2024 amendment Act come into operation.

(2) This regulation is made for the purposes of Schedule 9.3 clause 81(2) of the Act.

(3) Despite the amendment made by section 146 of the 2024 amendment Act, on and after reconstitution day, an existing member continues to hold office as a member of the Advisory Board —

(a) for the unfinished part of the existing member’s term of office as specified in their instrument of appointment, subject to their office becoming vacant before the end of their term under Schedule 2.5 clause 6 of the Act as amended by section 149 of the 2024 amendment Act; and

(b) otherwise in accordance with their instrument of appointment.

(4) The existing member who was appointed under Schedule 2.5 clause 2(a) of the Act, as in force before reconstitution day, is taken to be designated as the chairperson of the Advisory Board under Schedule 2.5 clause 2A of the Act as inserted by section 146 of the 2024 amendment Act.

(5) For the purposes of Schedule 2.5 clause 2A(3) of the Act, the term of the existing member’s designation as chairperson is the unfinished part of the existing member’s term of office referred to in subregulation (3)(a).

(6) Despite the amendments made by section 147(1) of the 2024 amendment Act, on and after reconstitution day, an existing deputy who is a deputy for an existing member immediately before reconstitution day —

(a) continues to be a deputy for the existing member in accordance with the existing deputy’s instrument of appointment; and

(b) may act under Schedule 2.5 clause 3(4) of the Act, as amended by section 147(3) of the 2024 amendment Act, accordingly.

(7) An existing deputy to whom subregulation (6) does not apply goes out of office as a deputy at the beginning of reconstitution day.

[Regulation 14C inserted: SL 2025/135 r. 6.]

[15. Omitted under the Reprints Act 1984 s. 7(4)(f).]

Schedule 1 — Forms

Form 1. Proposal to create, change the boundaries of, or abolish a district [r. 8]

Local Government Act 1995

Local Government (Constitution) Regulations 1998

Proposal to create, change the boundaries of, or abolish a district1

To: The Local Government Advisory Board.

The affected electors, whose names, details and signatures are set out in the attached list, propose that an order should be made under section 2.1 of the Local Government Act 1995 in relation to the district of [name of district proposed to be created, affected or abolished].
A summary of the purposes of the proposed order is as follows:

[Here set out summary]

The following documents are attached to and form part of this proposal:

• a statement setting out clearly the nature of the proposal and the effects of the proposal on local governments; and

• a plan illustrating any proposed changes of the boundaries of a district.

This proposal is served on behalf of the listed signatories by —

Name: Signature:

Contact address: Phone No.:

Date:

Under clause 2(1)(d) of Schedule 2.1 to the Local Government Act 1995 a proposal that an order be made under section 2.1 of the Act to create, change the boundaries of, or abolish a district can be made to the Local Government Advisory Board by affected electors who —

• are at least 250 in number; or

• are at least 10% of the total number of affected electors.

[Form 1 continued]

List of affected electors (form of each page of signatories)

We, the undersigned, propose that an order be made under section 2.1 of the Local Government Act 1995 for the purposes summarized in item 2 of this proposal in relation to the district named in item 1.

Full name of affected elector2	Address which entitles, or would entitle, you to vote in the elections of the local government of the district proposed to be created, affected or abolished	Signature of affected elector	Date

2 An “elector” is one of the following —

• a resident owner or occupier enrolled to vote at State elections;

• an owner of rateable property (e.g. an absentee land owner or an owner of business premises, vacant land or other non-residential property);

• an occupier of rateable property (e.g. tenant of business premises or other non-residential property).

An “affected elector” is —

• an elector whose eligibility as an elector comes from residence, or ownership or occupation of property, in the area directly affected by the proposal; or

• a person who would be an elector if the area directly affected by the proposal became, or became part of, a district.

Form 2. Request for poll on a recommended amalgamation [r. 9]

Local Government Act 1995

Local Government (Constitution) Regulations 1998

Request for a poll on a recommended amalgamation1

To: The Minister for Local Government.

The electors of the district of [name of district whose electors are making the request], whose names, details and signatures are set out in the attached list, request that the recommendation of the Local Government Advisory Board that the districts of [names of the 2 or more districts to be abolished or amalgamated] be abolished and amalgamated, be put to a poll of electors of the districts.
This request is served on behalf of the listed signatories by —

Name: Signature:

Contact address: Phone No.:

Date:

List of electors (form of each page of signatories)

We the undersigned, electors of the district of [name of district whose electors are making the request], request that the recommended abolition and amalgamation of the districts of [names of the 2 or more districts to be abolished or amalgamated] be put to a poll of electors of those districts under the Local Government Act 1995.

Full name of elector2	Address which entitles you to vote in the elections of the local government of a district recommended for amalgamation	Signature of elector	Date

Under clause 8 of Schedule 2.1 to the Local Government Act 1995, a request asking for a recommendation of the Local Government Advisory Board that districts be abolished and amalgamated to be put to a poll of electors of the districts can be made to the Minister for Local Government by —

• at least 250 of the electors of one of the districts; or

• at least 10% of the electors of one of the districts.

2 An “elector” is one of the following —

• a resident owner or occupier enrolled to vote at State elections;

• an owner of rateable property (e.g. an absentee land owner or an owner of business premises, vacant land or other non-residential property);

• an occupier of rateable property (e.g. tenant of business premises or other non-residential property).

Form 3. Submission about changes to wards, name or representation [r. 10]

Local Government Act 1995

Local Government (Constitution) Regulations 1998

Submission about changes to wards, name or representation1

To: The 2Mayor/President of [name of local government].

The affected electors of the district of [name of district], whose names, details and signatures are set out in the attached list, submit that an order should be made under the Local Government Act 1995 for the following purpose:

[Here set out the purpose]

for the following reasons:

[Here set out the reasons]

[Attach any other relevant documentation, including a map if appropriate]

This submission is served on behalf of the listed signatories by —

Name: Signature:

Contact address: Phone No.:

Date:

________________________________

Under clause 3 of Schedule 2.2 to the Local Government Act 1995, a submission that an order be made under the Act about wards, the name of a district or ward or the number of councillors for a district or ward can be made to the local government concerned by affected electors who —

• are at least 250 in number; or

• are at least 10% of the total number of affected electors.

2 Delete the one that does not apply.

[Form 3 continued]

List of affected electors (form of each page of signatories)

We the undersigned, submit that an order should be made under the Local Government Act 1995 for the purpose set out in item 1 of this submission in relation to the [name of local government].

Full name of affected elector3	Address which entitles you to vote in the elections of the local government to which this submission relates	Signature of affected elector	Date

3 An “elector” is one of the following —

• a resident owner or occupier enrolled to vote at State elections;

• an owner of rateable property (e.g. an absentee land owner or an owner of business premises, vacant land or other non-residential property);

• an occupier of rateable property (e.g. tenant of business premises or other non-residential property).

An “affected elector” is an elector whose eligibility as an elector comes from residence, or ownership or occupation of property, in the area directly affected by the submission.

Form 4. Proposal to change the method of filling the office of mayor or president [r. 10AD]

Local Government Act 1995

Local Government (Constitution) Regulations 1998

Proposal to change the method of filling the office of mayor or president1

To: The 2Mayor/President of [name of local government].

The method of filling the office of 2mayor/president currently used by the [name of local government] is 2election by electors of the district/election by the council from amongst the councillors.
The electors of [name of district], whose names, details and signatures are set out in the attached list, propose that the method of electing the mayor/president of the [name of local government] be changed to 2election by the council from amongst the councillors/election by electors of the district.
A summary of the reasons for the proposed change is as follows:

[Here set out summary]

This proposal is served on behalf of the listed signatories by —

Name: Signature:

Contact address: Phone No.:

Date:

[Form 4 continued]

List of electors (form of each page of signatories)

We the undersigned, propose that the method of filling the office of 2mayor/president of the [name of local government] be changed to 2election by the council from amongst the councillors/election by electors of the district.

Full name of elector3	Address which entitles you to vote in the elections of the local government to which this proposal relates	Signature of elector	Date

Under section 2.11(1) of the Local Government Act 1995, the method of filling the office of mayor or president of a local government is either —

• election by the electors of the district; or

• election by the council from amongst the councillors.

Under section 2.12 of the Act, a proposal to change from one method to the other method can be made to the local government by electors of the district who —

• are at least 250 in number; or

• are at least 10% of the total number of electors of the district.

2 Delete the one that does not apply.

3 An elector is one of the following —

• a resident owner or occupier enrolled to vote at State elections;

• an owner of rateable property (e.g. an absentee land owner or an owner of business premises, vacant land or other non-residential property);

• an occupier of rateable property (e.g. tenant of business premises or other non-residential property).

[Form 4 amended: SL 2023/102 r. 21.]

[Forms 5 and 6 deleted: Gazette 20 Jan 2006 p. 381.]

Form 7. Declaration by elected member of council [r. 13(1)(c)]

Local Government Act 1995

Local Government (Constitution) Regulations 1998

Declaration by elected member

I, .........................................................................................................................................

of 1 .....................................................................................................................................,

having been elected to the office of 2mayor/deputy mayor/president/deputy president/councillor of the3 ...............................................................................................,

declare that I take the office upon myself and will duly, faithfully, honestly, and with integrity, fulfil the duties of the office for the people in the district according to the best of my judgment and ability, and will observe the code of conduct adopted by the 3 ................................ under section 5.104 of the Local Government Act 1995.

Declared at ............................................ on ....................................................................

by .............................................................

Before me: .............................................................

_____________________________

1 Insert your residential address.

2 Delete those that do not apply.

3 Insert the name of the local government.

[Form 7 inserted: Gazette 21 Aug 2007 p. 4187; amended: SL 2021/15 r. 7.]

Form 8. Declaration by commissioner [r. 13(1)(d)]

Local Government Act 1995

Local Government (Constitution) Regulations 1998

Declaration by commissioner

I, .......................................................................................................................................

of 1....................................................................................................................................,

having been appointed to the office of commissioner

of the2 .............................................................................................................................., declare that I take the office upon myself and will duly, faithfully, honestly, and with integrity, fulfil the duties of the office according to the best of my judgment and ability.

Declared at ............................................ on .................................................................

by ..................................................................

Before me: ...................................................................

1 Insert your residential address.

2 Insert the name of the local government.

[Form 8 inserted: Gazette 21 Aug 2007 p. 4188.]

Schedule 2 — Classes of local governments

[r. 2A]

[Heading inserted: SL 2023/102 r. 22.]

Division 1 — Class 1 local governments

[Heading inserted: SL 2023/102 r. 22.]

City of Albany
City of Armadale
City of Bayswater
City of Belmont
City of Bunbury
City of Busselton
City of Canning
City of Cockburn
City of Fremantle
City of Gosnells
City of Greater Geraldton
City of Joondalup
City of Kalgoorlie‑Boulder
City of Karratha
City of Kwinana
City of Mandurah
City of Melville
City of Perth
Town of Port Hedland
City of Rockingham
City of Stirling
City of Swan
City of Wanneroo

[Division 1 inserted: SL 2023/102 r. 22.]

Division 2 — Class 2 local governments

[Heading inserted: SL 2023/102 r. 22.]

Shire of Ashburton
Shire of Augusta‑Margaret River
Shire of Broome
Town of Cambridge
Shire of Carnarvon
Shire of Derby‑West Kimberley
Shire of East Pilbara
Shire of Esperance
Shire of Harvey
City of Kalamunda
Shire of Manjimup
Shire of Mundaring
Shire of Murray
City of Nedlands
Shire of Northam
Shire of Serpentine‑Jarrahdale
City of South Perth
City of Subiaco
Town of Victoria Park
City of Vincent
Shire of Wyndham‑East Kimberley

[Division 2 inserted: SL 2023/102 r. 22.]

Division 3 — Class 3 local governments

[Heading inserted: SL 2023/102 r. 22.]

Town of Bassendean
Shire of Bridgetown‑Greenbushes
Shire of Capel
Shire of Chittering
Town of Claremont
Shire of Collie
Shire of Coolgardie
Town of Cottesloe
Shire of Dalwallinu
Shire of Dandaragan
Shire of Dardanup
Shire of Denmark
Shire of Donnybrook‑Balingup
Town of East Fremantle
Shire of Exmouth
Shire of Gingin
Shire of Halls Creek
Shire of Irwin
Shire of Katanning
Shire of Kojonup
Shire of Laverton
Shire of Leonora
Shire of Meekatharra
Shire of Merredin
Shire of Moora
Town of Mosman Park
Shire of Narrogin
Shire of Northampton
Shire of Plantagenet
Shire of Ravensthorpe
Shire of Toodyay
Shire of Waroona
Shire of Yilgarn
Shire of York

[Division 3 inserted: SL 2023/102 r. 22.]

Division 4 — Class 4 local governments

[Heading inserted: SL 2023/102 r. 22.]

Shire of Beverley
Shire of Boddington
Shire of Boyup Brook
Shire of Brookton
Shire of Broomehill‑Tambellup
Shire of Bruce Rock
Shire of Carnamah
Shire of Chapman Valley
Shire of Coorow
Shire of Corrigin
Shire of Cranbrook
Shire of Cuballing
Shire of Cue
Shire of Cunderdin
Shire of Dowerin
Shire of Dumbleyung
Shire of Dundas
Shire of Gnowangerup
Shire of Goomalling
Shire of Jerramungup
Shire of Kellerberrin
Shire of Kent
Shire of Kondinin
Shire of Koorda
Shire of Kulin
Shire of Lake Grace
Shire of Menzies
Shire of Mingenew
Shire of Morawa
Shire of Mount Magnet
Shire of Mount Marshall
Shire of Mukinbudin
Shire of Murchison
Shire of Nannup
Shire of Narembeen
Shire of Ngaanyatjarraku
Shire of Nungarin
Shire of Peppermint Grove
Shire of Perenjori
Shire of Pingelly
Shire of Quairading
Shire of Sandstone
Shire of Shark Bay
Shire of Tammin
Shire of Three Springs
Shire of Trayning
Shire of Upper Gascoyne
Shire of Victoria Plains
Shire of Wagin
Shire of Wandering
Shire of West Arthur
Shire of Westonia
Shire of Wickepin
Shire of Williams
Shire of Wiluna
Shire of Wongan‑Ballidu
Shire of Woodanilling
Shire of Wyalkatchem
Shire of Yalgoo

[Division 4 inserted: SL 2023/102 r. 22.]

View image in the official source

Notes

This is a compilation of the Local Government (Constitution) Regulations 1998 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Citation	Published	Commencement
Local Government (Constitution) Regulations 1998	26 Jun 1998 p. 3449-74	26 Jun 1998
Local Government (Constitution) Amendment Regulations 2005	31 Mar 2005 p. 1044-6	7 May 2005 (see r. 2)
Local Government (Constitution) Amendment Regulations 2006	20 Jan 2006 p. 380-1	20 Jan 2006
*Reprint 1: The Local Government (Constitution) Regulations 1998* as at 19 Jan 2007** (includes amendments listed above)
Local Government (Constitution) Amendment Regulations 2007	21 Aug 2007 p. 4183‑8	r. 1 and 2: 21 Aug 2007 (see r. 2(a)); r. 3 and 10: 22 Aug 2007 (see r. 2(b)); Regulations other than r. 1-3, 10 and 12: 6 Sep 2007 (see r. 2(d) and Gazette 3 Aug 2007 p. 3989); r. 12: 21 Oct 2007 (see r. 2(c) and Gazette 21 Aug 2007 p. 4173)
Local Government (Constitution) Amendment Regulations 2009	28 Aug 2009 p. 3371‑72	r. 1 and 2: 28 Aug 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 29 Aug 2009 (see r. 2(b) and Gazette 28 Aug 2009 p. 3347)
Local Government (Constitution) Amendment Regulations 2014	12 Dec 2014 p. 4733‑7	r. 1 and 2: 12 Dec 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 13 Dec 2014 (see r. 2(b))
Local Government (Model Code of Conduct) Regulations 2021 r. 7	SL 2021/15 2 Feb 2021	3 Feb 2021 (see r. 2(b) and SL 2021/13 cl. 2)
Local Government Regulations Amendment Regulations (No. 2) 2023 Pt. 3	SL 2023/102 30 Jun 2023	1 Jul 2023 (see r. 2(d))
Local Government Regulations Amendment Regulations (No. 3) 2023 Pt. 3	SL 2023/158 18 Oct 2023	Pt. 3 Div. 1: 19 Oct 2023 (see r. 2(c)); Pt. 3 Div. 2: 1 Jan 2024 (see r. 2(b))
Local Government Regulations Amendment Regulations (No. 2) 2025 Pt. 3	SL 2025/7 22 Jan 2025	1 Feb 2025 (see r. 2(b))
Local Government Regulations Amendment (Transitional Provisions) Regulations 2025 Pt. 3	SL 2025/135 23 Jul 2025	24 Jul 2025 (see r. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

2024 amendment Act 14C(1)

amendment day 10AC(1), 10AF(1), 14A(1)

authorised person 13(5)

class 1 local government 2A

class 2 local government 2A

class 3 local government 2A

class 3 or 4 district 10AA

class 4 local government 2A

commencement 5(1), 6(1), 7(1)

election 10A

existing deputy 14C(1)

existing member 14C(1)

first-preference vote 10A

Form 2

former provisions 14(2)

next election 10AC(1)

next election day 10AC(1)

reconstitution day 14C(1)

records of the election 10A

relevant local government 10AF(1)

section 2

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Local Government Act 1995

Local Government (Constitution) Regulations 1998

Western Australia

Local Government (Constitution) Regulations 1998

Contents

Part 1 — Preliminary

Citation 1
Terms used in these regulations 1

Part 1A — Classes of local governments

2A. Local governments divided into 4 classes 2

2B. Regional local governments 2

Part 2 — Districts and wards

Division 1 — Orders under section 2.1

Interpretation 4
Creating a new district: consequences 4
Changing district boundaries: consequences 5
Abolishing a district: consequences 7
Effect of section 2.1 order on local laws 11

Division 2 — Matters under Schedules 2.1 and 2.2 to the Act

Proposals for creating, changing the boundaries of, or abolishing districts (Sch. 2.1 cl. 2) 14
Request for a poll on a recommended amalgamation (Sch. 2.1 cl. 8) 14
Submission about changes to wards, names or representation (Sch. 2.2 cl. 3) 14

Division 3 — Districts that cannot be divided into wards

10AA. Term used: class 3 or 4 district 15

10AB. Class 3 or 4 district cannot be divided into wards (s. 2.2A(1)(a)) 15

10AC. Abolition of wards in class 3 or 4 district (s. 2.2A(1)(b) and (2)(b) and (c)) 15

Part 3 — Offices on councils

Division 1 — Method of filling office of mayor or president

10AD. Proposals to change method of filling office of mayor or president (s. 2.12) 17

10AE. Class 1 or 2 local government must use election by electors method (s. 2.12B(1)(a)) 17

10AF. Change of method of filling office of mayor or president (s. 2.12B(1)(b) and (2)(a), 2.13(4)(a)) 17

Division 2 — Matters under Schedule 2.3 of Act

10A. Terms used 19

11A. Election of mayor, president, deputy mayor or deputy president by council (Sch. 2.3) 20

11B. Ballot papers to be authentic (Sch. 2.3 cl. 4 and 8) 20

The regulations revolve around a limited set of recurring legal concepts and operational constructs that shape local government governance transitions and internal electoral practice. These are:

Classes of local governments, introduced by regulation 2A and populated in Schedule 2. The classification creates regulatory differentials (for example reg 10AE obliges class 1 and class 2 local governments to use election by electors for mayor/president). The divisions list specific local governments; the list is an operational instrument rather than a definition derived from population or other metrics.
District orders under s 2.1 of the Act, and the prescribed legal consequences of making such orders. The regulations define what happens to wards, councillor numbers, Crown land under care and management, enrolment eligibility claims, valuation methods used for rates, local planning schemes, pending administrative matters, and legal proceedings when districts are created, changed or abolished (regs 4-7). The mechanism is that the making of the order triggers statutory vesting and conversion rules on commencement (the regulations repeatedly use the phrase “on commencement” to mark effect).
Ward structure and abolition rules, including a specific rule that class 3 or 4 districts cannot be divided into wards (reg 10AB) with transitional treatment for pre‑existing ward divisions (reg 10AC). The regulations introduce temporal triggers such as “amendment day” and “next election day” that control when abolition takes legal effect and how Part 4 of the Act operates for election preparation (reg 10AC(1), (4)-(5)).
Methods of filling offices of mayor or president, and the power of electors to propose a change from election by council to election by electors and vice versa. The instrument prescribes the form for such proposals (Form 4) and makes permanent the requirement that class 1 and 2 local governments (except City of Perth) must use election by electors (reg 10AD, 10AE). The regulations also convert the method used by certain councils that, immediately before amendment day, were using election by council to election by electors for the next ordinary elections (reg 10AF).
Internal council elections under Schedule 2.3 of the Act, where the council elects its mayor/president from the councillors. The regulations apply Schedule 4.1 counting provisions as modified and supply detailed procedures for printing, ordering and authenticating ballot papers, for dealing with spoilt papers, assistance to impaired voters, drawing lots, declaration and notice of results, reporting to the Minister and retention of election records for at least four years (regs 10A, 11A-11G, 11EA).
Form‑based elector thresholds for triggering certain processes. The forms attached in Schedule 1 implement the Act’s elector‑initiation thresholds: a proposal or submission must be signed by at least 250 affected electors or 10% of electors (Forms 1, 3 and Form 4 summary; see accompanying explanatory text on forms).
Transitional provisions. Several regs operate temporally to preserve rights or to phase in new rules when other amending instruments commence (regs 14-14C). They specify saving and transition mechanics for Advisory Board membership and for election rules amended by later instruments.

These concepts structure who decides and who must act. CEOs are given specific operational duties in the election context (printing, authenticating, counting assistance, record retention, public notice and reporting to the Minister , regs 11A, 11B, 11E, 11F, 11FA, 11G). The Local Government Advisory Board and the Minister receive specified forms and requests (Forms 1 and 2, regs 8-9). The Act’s s 2.1 orders remain the source of substantive boundary changes; the regulations supply the administrative consequences of those orders (regs 4-7).

The regulations affect a defined set of actors and constituencies, both public and private. The primary affected groups in the text are:

Local governments listed in Schedule 2. Schedule 2 divides the local governments of Western Australia into classes 1-4 (reg 2A; Schedule 2 Divisions 1-4). The classification changes legal entitlements (for example, reg 10AE requires class 1 and 2 local governments to use the election by electors method).
Electors and affected electors. The regulations and forms enable elector‑initiated proposals and submissions. Forms 1-4 require lists of signatories and, in line with the Act, set the thresholds for valid initiations: at least 250 affected electors or at least 10% of electors (see Forms 1, 2, 3, 4 text and the explanatory notes in each form). Electors therefore have standing and procedural channels to trigger boundary changes, amalgamation polls and method changes for filling the mayor/president office.
Councillors and council office‑holders. Councillors are both the subjects and agents of several rules. Regulations govern the process when a council elects a mayor/president from among its members (Schedule 2.3 applied; regs 11A-11F). The regulations also provide for oath/declaration forms that elected members must sign (Form 7; reg 13).
Chief Executive Officers. The CEO has multiple operative duties: print and order ballot papers (11A(1)-(3)); authenticate ballot papers (11B); replace and endorse spoilt ballot papers (11C); receive marked ballot papers (11D); assist impaired council members to vote by marking ballot papers (11E); declare and give notice of election results (11F); prepare a report to the Minister within 14 days of declaration (11FA); and secure and retain election records for at least four years (11G). The CEO therefore bears most of the election administrative burden imposed by the regulations.
Minister for Local Government and the Local Government Advisory Board. The Advisory Board is the recipient of elector proposals under Schedule 2.1 (Form 1; reg 8) and the Minister receives requests for polls about recommended amalgamations (Form 2; reg 9). Transitional regulations also affect the Advisory Board’s composition and deputies (reg 14C).
Employees and contractors of local governments. On abolition or boundary change, employees under contract are taken to have identical contracts with the successor local government (reg 6(4)(g); reg 6(5) contains analogous provisions for part transfers). Persons appointed under written law by the old council for enforcement or administration become appointed by the new local government (reg 6(4)(h)). Consequently, staff and holders of statutory appointments are directly affected by automatic transfer mechanics.
Owners, occupiers and ratepayers. The regulations address valuation methods used as the basis for rates when an area transfers between local governments (regs 5(4)(b), 6(4)(c), 6(5)(b)). Enrolment eligibility claims under s 4.32-4.33 are transferred in a manner that preserves their effect (regs 5(4)(a), 6(4)(b), 6(5)(a)). These mechanisms affect who pays rates and under what valuation basis, and who qualifies as an elector for local government elections.
State agencies and statutory authorities in relation to planning schemes. Where land transfers, an existing local planning scheme in force under the Planning and Development Act 2005 in respect of that land is treated as if prepared and approved by the receiving local government and the receiving council is the responsible authority (regs 5(4)(c), 6(4)(d), 6(5)(c)). This affects planning approvals, referrals and decision points in the development approvals regime.

Secondary stakeholders include parties to actions and proceedings (which continue but may be continued against the successor council , reg 6(4)(j)-(k), 6(5)(e)), and litigants in the Court of Disputed Returns, whose decisions can trigger CEO statutory publicity and reporting obligations (reg 11H).

Geographic incidence is concrete: the Schedule lists specific named local governments and several regional councils (reg 2B). The rules distinguish between regional local governments and ordinary local governments (reg 2B(1)-(5)). The City of Perth is specifically excepted from reg 10AE’s constraint on changing the method of filling mayoral/presidential offices (reg 10AE(2) note referring to City of Perth Act 2016 s 20).

The regulations allocate explicit duties to decision‑makers and procedural rights to electors. Below are the principal duties and related rights, with the statutory anchors.

Duties imposed on CEOs and councils

Ballot procedures and integrity. CEOs must cause sufficient ballot papers to be printed, set candidate ordering either alphabetically or by a fair method selected by the CEO, ensure form compliance (Form 10 of the Elections Regulations, modified), authenticate each ballot by initialling or otherwise (regs 11A(1)-(3), 11B). They must receive marked ballot papers from council members (11D(2)), mark ballots where a council member requests assistance due to impairment (11E(1)-(2)), handle spoilt ballot papers by replacing and endorsing them as “spoilt” (11C), and apply drawing of lots procedures where required (11EA).
Declaration, notice and reports. CEOs must declare election results at the meeting (11F(1)-(2)), give local public notice in the form of Form 19 (as modified) (11F(4)-(5)), and provide a report to the Minister within 14 days using Form 20 (as modified) (11FA(1)-(2)).
Record retention. CEOs must parcel, secure, endorse and retain election records for at least four years after the result declaration (11G(1)-(3)).
Administer and enforce local laws continuing in transferred areas. When a district order moves areas between local governments, the receiving local government must administer and enforce the former local laws (reg 7(2)(g)(i)-(ii), 7(3)(g)(i)-(ii)).

Rights and procedural mechanisms for electors

Electro‑initiated proposals and submissions. Affected electors have the right to propose creation, abolition or boundary change of districts by submitting Form 1 to the Local Government Advisory Board (reg 8; Form 1) and to request a poll on a recommended amalgamation via Form 2 to the Minister (reg 9; Form 2). Electors can submit requests about wards, names or representation via Form 3 (reg 10; Form 3). The forms and notes make clear threshold entitlements (250 electors or 10% of electors). These are statutory procedural rights anchored in Schedule 2.1 and 2.2 of the Act as implemented by the regulations.
Proposals to change the mayor/president election method. Electors can propose a change under s 2.12 using Form 4; the regulation prescribes the form and the elector thresholds (reg 10AD; Form 4).
Continuity of enrolment claims. Property owners and occupiers with accepted enrolment eligibility claims under s 4.32 are protected by transfer provisions: their claims are taken to have been made in respect of the receiving local government on the same day and are treated as if subsequent ordinary elections of the former local government were held by the receiving local government for s 4.33 purposes (regs 5(4)(a)(i)-(ii), 6(4)(b)(i)-(ii), 6(5)(a)(i)-(ii)).
Assistance when voting in internal council elections. Councillors who are impaired have a statutory right to request that the CEO mark their ballot in council elections (reg 11E(1)-(2)).

Other duties and consequential rules

Automatic vesting and continuation. On abolition or full transfer, property, rights and liabilities vest in the receiving council (reg 6(4)(a)); contracts of employment are taken to be identical with the successor local government (reg 6(4)(g)); statutory appointments to enforce or administer written laws transfer to the successor local government (reg 6(4)(h)). These duties are automatic consequences of a s 2.1 order and the receiving council must incorporate them in its administration.
Planning scheme continuity. A local planning scheme that applied immediately before transfer continues to apply as if prepared and approved by the receiving local government, and the receiving local government becomes responsible authority under the Planning and Development Act 2005 (regs 5(4)(c)(i)-(iii), 6(4)(d)(i)-(iii), 6(5)(c)(i)-(iii)). This imposes a duty on the receiving council to administer planning regulation for the area from commencement.

Limits and constraints in the instrument

The regulations themselves do not create criminal penalties or express fines; they set administrative duties, forms and times. Where enforcement is relevant, the regulations reference other provisions of the Act or other instruments (for example, references to Schedule 4.1 vote counting procedures and the Local Government (Elections) Regulations 1997). The absence of explicit monetary penalties in these regulations indicates enforcement will mainly be administrative and through compliance with the Act and its remedying mechanisms.

The Constitution Regulations operate primarily as an administrative and procedural code. The text supplied does not introduce new monetary penalties or criminal offences; instead it establishes duties and records the consequences of orders and administrative processes. The enforcement architecture, as evident in the regulations, is administrative and documentary rather than penal.

What the regulations require and how they enable enforcement

Procedural compliance is enforced through mandatory steps and reporting requirements. For example, CEOs must declare election results at the meeting and give local public notice (reg 11F(1), (4)), provide a report to the Minister within 14 days (reg 11FA(1)), and retain records for at least four years (reg 11G(2)). Non‑compliance with these procedural duties would normally be addressed by the Act’s supervisory and review mechanisms and by Ministerial oversight rather than by a pecuniary penalty specified in the regulation text. The regulations thus create documentary trails (records of elections, reports to Minister) that make non‑compliance visible to the Minister and the Advisory Board.
Vesting and transfer provisions create legal certainty and reduce litigation risk by specifying that property, rights and liabilities transfer to the successor local government (reg 6(4)(a)), that contracts of employment are taken to be identical with the receiving local government (reg 6(4)(g)), and that actions and proceedings by or against a disestablished council may be continued against the successor (reg 6(4)(j)-(k)). These rules narrow the scope for procedural disputes about assets and liabilities by supplying statutory treatment on commencement.

What the regulations do not do

The regulations do not specify fines, criminal offences or administrative penalty regimes in their text. Consequently, enforcement mechanisms,should a CEO fail to comply with reg 11F or 11G requirements, for example,would be pursued under the broader enforcement and sanction provisions of the Local Government Act 1995 or other relevant legislation, not by these regulations themselves. The instrument therefore functions to produce records and reporting rights that enable Ministerial or statutory enforcement, but not to establish novel penal instruments.
The regulations do not specify review or merits appeal mechanisms for the administrative tasks they impose, nor do they set deadlines for the Minister or Advisory Board to act on Forms 1-4; those timelines are governed by the Act or other instruments.

Indirect enforcement and risk allocation

The regulations’ automatic transfer mechanics (regs 4-7) reduce the enforcement burden by making transfers legally effective on commencement and by specifying that pre‑commencement matters, such as incomplete procedures under written laws, continue to have effect and may be completed by the successor local government (regs 5(4)(d), 6(4)(d), 6(5)(d)). This reduces disputes over responsibility for unfinished administrative business but shifts the operational and fiscal burden to the receiving local government, which may have to complete or pick up incomplete matters.
Public notice, reporting to the Minister and record retention (regs 11F, 11FA, 11G) create transparency which supports public accountability as an enforcement tool: poor administration is more likely to attract Ministerial inquiry or actions under the Act’s supervision provisions.

Court references

The regulations reference the Court of Disputed Returns in reg 11H, which requires the CEO to give local public notice and to report to the Minister if the Court makes a particular declaration under the Elections Regulations. This is a reactive requirement triggered by a judicial decision rather than a stand‑alone enforcement mechanism inside these regulations.

In short, enforcement is primarily administrative, documentary and reliant on the Act and Ministerial oversight. The regulations supply the operational duties whose breach would be evident to oversight bodies, but they do not create a nested penal regime within the regulations themselves.

The regulations are heavily cross‑referential. They do not operate in isolation; instead they stitch together the Act, election regulations, planning statute, and oath/statutory declaration legislation. Key interactions are as follows.

Local Government Act 1995

The regulations are made under and defined against the Local Government Act 1995, with “section” in the regulations expressly meaning a section of the Act (reg 2). The regulations implement and amplify specific schedules and sections of the Act, notably s 2.1 orders (Part 2 Div 1, regs 4-7) and Schedule 2.3 election provisions (Part 3 Div 2, regs 10A-11H). Many provisions are procedural bridges implementing the Act’s powers.

Local Government (Elections) Regulations 1997 and Schedule 4.1

Regulation 11A(3) requires the ballot paper to be in the form of Form 10 of the Local Government (Elections) Regulations 1997, modified as necessary. Regulation 11EA applies the Local Government (Elections) Regulations 1997 Part 12C Division 4 for drawing of lots, modified as necessary. Regulation 11F requires the local public notice to be in the form of Form 19 of the Elections Regulations, modified. Further, regulation 10A imports the term “first‑preference vote” from Schedule 4.1 clause 1 of the Act and applies Schedule 4.1 counting procedures under Schedule 2.3 of the Act. The regulations therefore sit on top of the elections regulatory framework and tailor parts for internal council elections.

Planning and Development Act 2005

Regulations 5 and 6 make explicit provision about local planning schemes that are in force under the Planning and Development Act 2005. On transfer of area, the existing scheme is to have effect as if prepared by the receiving local government, approved by the Minister, and published under that Act (regs 5(4)(c)(i)-(ii), 6(4)(d)(i)-(ii), 6(5)(c)(i)-(ii)). The receiving local government is to be treated as the responsible authority for the purposes of that Act (regs 5(4)(c)(ii), 6(4)(d)(ii), 6(5)(c)(ii)). This interaction ensures planning continuity but also shifts planning administration and potential liabilities to the receiving local government.

Oaths, Affidavits and Statutory Declarations Act 2005

Regulation 13(5) defines “authorised person” as a person before whom a statutory declaration can be made under the Oaths, Affidavits and Statutory Declarations Act 2005. The declaration forms for elected members (Form 7) and commissioners (Form 8) are to be made before either the immediate predecessor in office (for mayors/presidents per reg 13(2)) or an authorised person (reg 13(2)-(4)). This cross‑references the witness and attestation rules for statutory declarations.

City of Perth Act 2016

Regulation 10AE(2) notes that the City of Perth is excepted from the blanket rule requiring class 1 and 2 local governments to use election by electors; the note explicitly points to s 20 of the City of Perth Act 2016 which provides for the City of Perth to use election by electors. The regulations therefore treat Perth’s governance arrangements as a local exception grounded in another Act.

Other amending instruments and transitional legislation

The compilation table and several regulations (10AC, 10AF, 14A, 14B, 14C) record specific transitional interactions with the Local Government Amendment Act 2023, the Local Government Regulations Amendment Regulations (No. 2) 2023, Local Government Regulations Amendment Regulations (No. 3) 2023, and instruments enacted in 2024 and 2025. These transitional provisions determine when new rules take effect, whether they affect pending elections, and how advisory board membership is preserved during reconstitution (regs 10AC, 10AF, 14A, 14B, 14C). The cross‑instrument timing is critical: the regulations define “amendment day” and “reconstitution day” for the purpose of transitional application (regs 10AC(1), 10AF(1), 14C(1)).

Court of Disputed Returns procedures

Regulation 11H requires action if the Court of Disputed Returns makes certain declarations under regulation 85 of the Local Government (Elections) Regulations 1997, as applied under Schedule 2.3. That interaction embeds a judicially triggered administrative duty for public notice and report to the Minister.

Administrative law and rights of review

Although the regulations prescribe forms, procedural steps and recordkeeping, they do not themselves prescribe merits review mechanisms. Any review, injunctions or judicial oversight would occur against the background of administrative law and the review provisions in the Act or other statutes. The regulations’ requirement to produce reports and public notices (regs 11F, 11FA) increases transparency and informs possible review or intervention via Ministerial oversight.

In short, the Constitution Regulations are an interlocking layer inside a broader statutory matrix: they operationalise parts of the Local Government Act 1995 and interface directly with the Elections Regulations, the Planning and Development Act, the Oaths Act, and various amending instruments. Practitioners planning boundary changes, elections or governance changes must therefore consult the Act and those other instruments as integrated parts of the legal workflow.

The compilation table at the end of the text records the chronology of amendments and inserts that have altered the regulations since 1998. The key milestones and their mechanical effects are:

Original enactment: Local Government (Constitution) Regulations 1998, commenced 26 June 1998, establishing the base regulations (citation and initial provisions).
2005 Amendment: Local Government (Constitution) Amendment Regulations 2005 (Gazette 31 Mar 2005) made substantive insertions, including electoral procedure material later codified as regs 10A and 11A-11G. This amendment’s commencement date was 7 May 2005 for some parts (see compilation notes).
2006 Amendment: Amendment Regulations 2006 (Gazette 20 Jan 2006), with immediate commencement for provisions therein.
2007 Amendment: Amendment Regulations 2007 (Gazette 21 Aug 2007) added the declaration forms (Form 7, Form 8) and expanded the elections materials; various specific commencement dates are recorded (21 Aug 2007, 22 Aug 2007, 6 Sep 2007 and 21 Oct 2007).
2009 Amendment: Amendment Regulations 2009 (Gazette 28 Aug 2009) introduced further technical changes to electoral procedures; most parts commenced 29 Aug 2009.
2014 Amendment: Amendment Regulations 2014 (Gazette 12 Dec 2014) made changes to the transfer provisions (see reg 4 amendment note and regs 5-7 amendments recorded at Gazette 12 Dec 2014). These amendments commenced in December 2014 (some parts on 12 Dec, others on 13 Dec 2014).
2021 Model Code link: Local Government (Model Code of Conduct) Regulations 2021 (SL 2021/15 r 7) has an incidental commencement note recorded in the compilation table (3 Feb 2021), indicating coordination with model code provisions.
2023 package: Local Government Regulations Amendment Regulations (No. 2) 2023 (SL 2023/102) and (No. 3) 2023 (SL 2023/158) inserted the class system (reg 2A, Schedule 2), introduced regs 10AA-10AC regarding abolition of wards for class 3 and 4 districts, and made various other structural changes. Commencement dates are 1 July 2023 for SL 2023/102 Pt 3 and 19 Oct 2023 / 1 Jan 2024 for SL 2023/158 Pt 3 Divs (see compilation table). These 2023 amendments materially reclassified local governments into four classes and changed the rules on mayor/president election methods (regs 10AD-10AF).
2025 amendments: Local Government Regulations Amendment Regulations (No. 2) 2025 (SL 2025/7) and the Local Government Regulations Amendment (Transitional Provisions) Regulations 2025 (SL 2025/135) made further modifications, including to reporting and transitional arrangements (reg 11FA amended SL 2025/7 r 8; reg 14C inserted SL 2025/135 r 6); commencement dates noted in compilation table are 1 Feb 2025 (SL 2025/7) and 24 Jul 2025 (SL 2025/135 respective parts).

Transitional provisions appear repeatedly and are mapped to the specific amending instruments. Examples include:

Reg 10AC uses the defined term “amendment day” to tie ward abolition timing to the Local Government Regulations Amendment Regulations (No. 2) 2023 reg 11 commencement.
Reg 10AF similarly defines “amendment day” and prescribes when certain councils’ mayoral election methods change.
Reg 14A refers to “amendment day” as the date when the Local Government Amendment Act 2023 s 90 comes into operation and preserves requirements imposed by the Advisory Board under Schedule 2.2 cl 6(3) before amendment day.
Reg 14B preserves previous election procedures for meetings held before 21 October 2023.
Reg 14C provides transitional arrangements for the Advisory Board after reconstitution under the Local Government Amendment Act 2024.

Practitioners must consult the compilation table to determine which regulatory version applies at a given time, and must pay attention to the “amendment day” or “reconstitution day” definitions included in the transitional provisions. The Schedule to these regulations and compilation table provide the authoritative log of amendments and commencement dates.

The text supplied contains no reported cases or judicial decisions that interpret these specific regulations. There is, however, an express procedural interface with judicial processes and with the Court of Disputed Returns:

Regulation 11H requires action if the Court of Disputed Returns makes a declaration under regulation 85(1)(a), (b) or (c) of the Local Government (Elections) Regulations 1997, as applied under Schedule 2.3 to the Act. If such a declaration occurs, the CEO must give local public notice conveying the effect of the declaration and provide the Minister with a report (reg 11H(a)-(b)). This is the sole express, direct mention of a judicial body in the regulations.
The regulations also treat votes and counting under Schedule 4.1 clause 5, which generates procedures that could be subject to judicial challenge when applied in practice (reg 10A and regs 11A, 11EA). If disputes arise over election results or counting, the Courts and the Court of Disputed Returns under the Elections Regulations framework are the relevant forums, but the regulations themselves do not summarise litigation outcomes or precedent.
The regulations supply recordkeeping and reporting routes (regs 11F, 11FA, 11G) that a Court could consult if disputes arise. The requirement to retain election records for at least four years (reg 11G(2)) increases evidentiary availability for judicial review or challenges.

Because these regulations are largely procedural, disputes likely arise in practice either from:

challenges to the legality of a s 2.1 order (creation/abolition/boundary change) under the Act; or
disputes arising from election procedures and results where Schedule 2.3 is applied; these would be litigated under the Elections Regulations and by the Court of Disputed Returns.

No cases are cited in the regulations, and no litigation history is recorded in the compilation table. Practitioners should therefore search case law databases for judicial decisions concerning the Act, Schedule 2.3, and the Elections Regulations where these regulations have been applied or challenged. Where the Court of Disputed Returns is engaged, the CEO’s obligations in reg 11H create a compulsory administrative response which itself might be reviewed if executed improperly.

In summary, the instrument provides procedural hooks into judicial processes but does not itself summarise litigation. Any litigation history must be established from external case law databases and court reports rather than from these regulations.

Several practical and legal traps arise when applying these regulations. The following are concrete points that practitioners and administrators often miss or mismanage.

Automatic transfer rules can create unexpected obligations for the receiving local government

On abolition or full transfer, property, rights and liabilities, contracts of employment and statutory appointments automatically vest in the receiving council (reg 6(4)(a), (g)-(h)). The receiving council therefore inherits not only assets but also contingent liabilities and incomplete statutory processes (reg 6(4)(d)-(f)). Councils taking on new areas must perform due diligence before commencement; the regulation does not pause pending liabilities.

Valuation method for rates changes on transfer

The method of valuation used immediately before transfer becomes the method that the receiving council must use for rating that land (regs 5(4)(b), 6(4)(c), 6(5)(b)). That can alter rate burdens for property owners and change rate revenue for councils. Practitioners should check local valuation methods where boundary changes are proposed.

Enrolment eligibility claims are preserved but treated as if made for the receiving council

Accepted enrolment eligibility claims under s 4.32 transfer and are taken to have been made for the receiving local government on the same day (regs 5(4)(a)(i)-(ii), 6(4)(b)(i)-(ii)). This affects elector rolls and can change the composition of who can vote post‑transfer. Failure to carry forward these claims correctly may disenfranchise electors or generate legal challenges.

Local planning scheme continuity imposes planning administration on the receiver

A planning scheme in operation immediately before transfer continues to apply and the receiving local government is taken to be the responsible authority under the Planning and Development Act 2005 (regs 5(4)(c)(i)-(iii), 6(4)(d)(i)-(iii)). If the receiving council’s planning instruments differ materially, staff and resourcing demands may spike because the receiving council must administer a scheme it did not prepare.

Local laws stay in force until actively amended

Where areas move between districts, the local laws that applied to the transferred areas continue to apply and are to be administered and enforced by the receiving local government “as if they were local laws of local government A” (reg 7(2)(d)-(g); 7(3)(d)-(g)). That means the receiving council may have to run parallel local law regimes until it amends or repeals them. Practically, this can mean inconsistent regulatory regimes across one council’s territory until consolidation occurs.

Classification and timing pitfalls around wards and mayoral election method changes

The abolition of wards in class 3 or 4 districts is subject to a tight temporal scheme: reg 10AC defines “amendment day” and “next election day”, and provides that Part 4 of the Act applies for the purpose of preparing and conducting the next election as if the abolition took effect on amendment day (10AC(1), (5)). However, reg 10AC(6) preserves any Gazette order abolishing wards published before amendment day. Practitioners must track the relevant amendment day and any published orders lest they misapply the timing rules and run an incorrect election process.
Similarly, reg 10AE imposes a permanent constraint that class 1 and 2 local governments (except City of Perth) must use election by electors and cannot change to election by council. However reg 10AF converts certain councils from council election method to electors’ method for the next ordinary elections after “amendment day” unless they had already lawfully changed earlier. This creates transitional traps if councils or electors act without checking whether their local government is a “relevant local government” as defined (10AF(1)) or whether they have already lawfully changed method under s 2.11(2) before amendment day (10AF(4)(a)-(b)).

CEO discretion in ballot ordering and assistance

Regulation 11A(2) gives the CEO the discretion to order candidate names either alphabetically or by another “method … which is fair to all of the candidates”. The choice can affect vote distribution if the ordering method is not truly random or fair; candidates may object to perceived bias. Similarly, regulation 11E allows the CEO or an authorised employee to mark the ballot for a council member who cannot otherwise vote. That assistance creates potential conflict of interest and must be managed with robust contemporaneous records.

No express penalties in the regulations

Because the regulations themselves do not create monetary penalties, enforcement must be sought under the Act or other legislation. Administrative non‑compliance therefore can be non‑trivial to remedy and may require Ministerial intervention.

Records destruction has a strict supervision requirement

If parcels of election records are destroyed after the 4‑year retention period, destruction must be carried out by or under the supervision of the CEO in the presence of at least two employees (reg 11G(3)). Failure to follow this procedure could risk evidential and accountability issues if records are required after destruction.

Interaction with the Court of Disputed Returns produces immediate publicity obligations

If a Court of Disputed Returns makes specified declarations, the CEO must publish a notice and report to the Minister (reg 11H). This is a mandatory and immediate reputational and administrative requirement.

In practice, these “gotchas” mean that lawyers and administrators dealing with boundary changes, transfers, governance method changes, or council‑elected office elections must map legal effects to operational tasks (e.g., staff contracts, rating models, planning responsibility and local law administration) and time their actions to amendment and election days identified in the regulations.

Below is a practical compliance checklist and playbook reflecting the duties in the regulations, organised by actor and transactional event. Each step quotes the relevant regulation(s) and cites forms and transitional timing where applicable.

For local governments receiving territory (on a s 2.1 order)

Prepare for immediate vesting of assets, rights and liabilities on commencement (reg 6(4)(a)). Conduct due diligence on property titles, leases and contractual obligations before the order’s commencement date.
Plan for transfer of Crown land under care and management; Crown land that was under the care and control of the former local government becomes the receiving council’s responsibility on the same terms (regs 4(3), 5(4)(aa), 6(5)(aa)). Ensure records of care conditions and maintenance contracts are transferred.
Review employment contracts and statutory appointments: employees under contract are taken to have identical contracts with the successor local government (reg 6(4)(g)); persons with statutory appointments become appointed by the receiving local government (reg 6(4)(h)). Update payroll, HR systems and appointment instruments at commencement.
Check valuation methods used for rating and adopt the method that applied immediately before commencement for the transferred land (regs 5(4)(b), 6(4)(c), 6(5)(b)). Ensure rating notices and modelling reflect the valuation method until the receiving council lawfully changes it.
Treat any in‑force local planning scheme as applying in the transferred area as if prepared by the receiving local government; take over responsibility as the responsible authority under the Planning and Development Act 2005 (regs 5(4)(c)(i)-(iii), 6(4)(d)(i)-(iii), 6(5)(c)(i)-(iii)). Notify planning staff and update delegations.
Assume administration and enforcement of local laws that continue to apply in the transferred area (reg 7(2)(g)). Inventory existing local laws and identify conflicts with the receiving council’s laws; schedule reviews or consolidations.
Where matters or procedures under written law have not been completed before commencement, be prepared to finish them (regs 5(4)(d), 6(4)(d), 6(5)(d)). Maintain continuity of file supervision for building, planning, compliance or enforcement matters.
Accept continuation of legal actions and proceedings either by or against the disestablished council (reg 6(4)(j)-(k), 6(5)(e)). Coordinate with legal counsel to assume conduct of pending litigation.

For CEOs running internal council elections under Schedule 2.3

Print and authenticate ballots: cause sufficient ballot papers to be printed and initial or otherwise authenticate the back of each ballot paper before issuing (regs 11A(1)-(3), 11B).
Determine candidate ordering: use alphabetical order or a method the CEO selects that is fair to all candidates (11A(2)). Document the ordering method and reasons for fairness to reduce dispute risk.
Use the correct ballot form: the ballot must be Form 10 of the Local Government (Elections) Regulations 1997, modified as necessary (11A(3)). Check the Elections Regulations for any recent form updates.
Handle spoilt ballots properly: if a ballot is spoilt by accident or mistake, the CEO must give a replacement and endorse “spoilt” on the spoilt ballot (11C).
Maintain privacy and assist impaired voters: ensure council members mark ballots privately unless assistance is requested; if assistance is requested because of impairment, the CEO or authorised employee is to mark the ballot per the member’s direction (11D(1)-(2), 11E(1)-(2)). Keep a contemporaneous record of any assistance provided.
Apply Schedule 4.1 counting rules and drawing of lots rules as modified and applicable (10A; 11EA). Maintain paper records showing first‑preference counts and transfers as required by Schedule 4.1 (reg 10A definition of records).
Declare and notify results immediately at the meeting and by local public notice: make the declaration at the meeting and provide local public notice in the form of Form 19 (as modified) (11F(1), 11F(4)-(5)). If detailed count information is applicable, publish a document approved by the CEO on the local government’s website (11F(6)).
Report to the Minister within 14 days using Form 20 of the Elections Regulations modified as needed (11FA(1)-(2)). File and archive the report and supporting documents.
Secure and retain records: parcel, secure and endorse records and retain them for at least four years after declaration (11G(1)-(2)). If destroying records after four years, do so under CEO supervision with at least two employees present (11G(3)).
If the Court of Disputed Returns makes a relevant declaration, publish a local public notice conveying the effect and report to the Minister (11H).

For electors and groups proposing changes under Schedule 2.1 or 2.2

Use the prescribed forms: proposals, requests and submissions must use Form 1 (proposal to create/change/abolish a district), Form 2 (request for poll on recommended amalgamation), and Form 3 (submission about wards/names/representation) respectively (regs 8-10). Proposals to change the method of filling mayor/president use Form 4 (reg 10AD).
Meet the signatory thresholds: Each form requires either at least 250 affected electors or at least 10% of the total number of affected electors (see Forms 1-4 notes). Ensure each signature page includes the full name, qualifying address and signature; incomplete forms risk rejection.
Serve the proposal on the correct body: Form 1 goes to the Local Government Advisory Board (reg 8 and Form 1 heading), Form 2 to the Minister (reg 9), Form 3 to the mayor/president of the relevant local government, and Form 4 to the mayor/president (reg 10AD and Form 4).
Provide the supporting documents called for by the form: proposals must include a statement clearly setting out the nature of the proposal, effects on local governments and an illustrative plan (Form 1 items 2-3). Keep certified copies of all supporting documents.

For managing ward abolition and mayor/president method changes

Track amendment day and next election day definitions that apply to ward abolition for class 3 and 4 districts (reg 10AC(1)-(5)). If wards are to be abolished by an earlier Gazette order published before amendment day, confirm that status (10AC(6)).
For class 1 and 2 local governments, confirm that the election method must be election by electors and cannot be changed to council election (10AE(1)). For local governments that used council election immediately before amendment day, verify whether reg 10AF requires change to election by electors for the next ordinary election and check whether the council had previously changed method under s 2.11(2) before amendment day, which would preserve the earlier choice (10AF(2)-(4)).

For declarations and oaths

Use the forms in Schedule 1: Form 7 for elected members’ declarations and Form 8 for commissioners (reg 13(1)(c)-(d)). Ensure mayors/presidents make declarations before the immediate predecessor in office or an authorised person, and councillors do so before an authorised person (reg 13(2)-(4)). Verify that the witness is an “authorised person” as defined by the Oaths, Affidavits and Statutory Declarations Act 2005 (reg 13(5)).

General governance and documentation

Keep detailed, time‑stamped records of all steps: printing/authentication decisions, ballot ordering rationale, spoilt ballot endorsements, assistance logs, declaration minutes, local public notices and reports to the Minister. These records support transparency and reduce litigation risk.
Where transferring territory, communicate with state agencies (Planning and Development) early to confirm the practicalities of responsible authority status and to align development assessment processes.
Seek legal advice when doubts arise about the transfer of contingent liabilities, the scope of “matters or procedures under a written law” that remain incomplete, and the applicability of valuation methods for rates.

By following these steps and building checklists tied to specific regulation numbers, local governments, CEOs and elector groups can operationalise compliance, create audit trails, and reduce transition risks in boundary, ward, and mayor/president election changes.

Deep Dive

What it does

Current sections