Local Government (Local Government Inspector) Regulations 2025 (Western Australia)

These regulations set out how the Local Government Inspector scheme will operate: handling breach and general complaints, mediation, publication of outcomes, appointment and powers of monitors and authorised officers, and the use of infringement notices. Decision-making authority is allocated to the Inspector, the Principal Adjudicator and adjudicators; local governments must fund mediation costs and monitor remuneration (regs 7(4)(e), 12(4)); and the rules prescribe publication timeframes and transitional arrangements for pre‑2026 matters (rr.8–9, 24–27).

These regulations set out procedural and administrative detail for the Local Government Inspector role and related functions created or modified by the Local Government Act 1995 as amended. Mechanically the instrument does the following.

Fixes commencement dates: Part 1 on publication (r. 2(a)), and the remainder on 1 January 2026 (r. 2(b)). The compilation note records SL 2025/209, published 17 December 2025, with most provisions commencing 1 January 2026.
Prescribes definitions and terms used for Part 8A (breach and general complaints) (r. 3), including an express definition of “adopted code of conduct” (r. 3(1)) and a “local law as to conduct” for purposes of conduct breaches (r. 4).
Specifies how certain complaints are to be handled: what counts as a conduct breach (r. 4), when an alleged behavioural breach must be referred to a local government’s code of conduct or to the Principal Adjudicator (r. 6), and the mediation framework (r. 7).
Sets publication timeframes for censures and orders on the Inspector’s website (r. 8, r. 9), including a 12‑year retention rule for published items (r. 8(1), r. 9(2)).
Provides process rules for complaints about CEOs, including delegation of the CEO’s role to an employee nominated by the mayor or president and subject to their direction (r. 10).
Establishes requirements for appointing monitors (Part 3): remuneration determination and how it is paid (r. 12), disqualifications for selection (r. 13), variation and early termination of monitors’ appointments (r. 14-15), and a specified power to adjourn council or committee meetings (r. 16).
Sets out application content and form for entry warrants for authorised officers (r. 17-18, Schedule 1).
Prescribes offences that may be the subject of infringement notices and the modified penalties for each (r. 19, Schedule 2), who may be appointed to issue infringement notices (r. 20), the form of notice and approved officer (r. 21, Schedule 3), issuance timing (r. 22), and the form for withdrawal (r. 23, Schedule 4).
Implements transitional provisions keeping certain earlier Local Government Act sections in force for a defined transitional period (Part 6, r. 24-27), including continuation of sections deleted by the Local Government Amendment Act 2024 for specified purposes and periods.

The regulations supply operational detail to the Act: who pays what, who may be appointed, how certain procedural steps must be performed and recorded, and how records and published material are to be maintained. Where the Act delegates power or requires procedural rules (for example, Part 8A, Part 8B and Part 9 of the Act), these regulations specify the forms, timeframes, payment directions and eligibility rules that implement those delegations.

The regulations are organised around a set of recurring administrative concepts that operationalise the Act: complaints handling (Part 2), monitors (Part 3), authorised officers’ powers (Part 4), infringement notice regime (Part 5) and transitional continuity (Part 6). The principal concepts and their legal mechanics in the instrument are:

Adopted code of conduct and local law as to conduct. The regulations import the Act’s terminology and define “adopted code of conduct” as the code adopted under s. 5.104 of the Act (r. 3(1)). For conduct breach purposes, “local law as to conduct” is used to treat contravention of a local law that governs conduct at council or committee meetings as a conduct breach (r. 4). This ties local government internal rules into the Inspector’s complaints framework (cross‑referencing s. 8A.3 and s. 8A.4 of the Act).
Behavioural breach referral threshold. The default is that behavioural breach complaints are referred back to the local government to be dealt with under the adopted code of conduct (r. 6(2)), but there is a defined exception. If the respondent has been found on at least two prior occasions, on or after 1 January 2026, to have committed behavioural breaches under a local government’s adopted code of conduct, and the Inspector considers the complaint ought to be dealt with as a conduct breach, the Inspector must refer it to the Principal Adjudicator for adjudication under Part 8A Division 5 of the Act (r. 6(3)(a)-(b)).
Mediation panel and cost allocation. The Principal Adjudicator must create and maintain a mediators panel (r. 7(2)). Mediators may be adjudicators (r. 7(3)), subject to the constraint that an adjudicator who heard a matter under s. 8A.15 of the Act cannot appoint themself as mediator for that matter (r. 7(5)). If mediation proceeds by agreement, the adjudicator or Inspector appoints a mediator from the panel and sets a completion time (r. 7(4)(a)-(c)). Critically, the costs of mediation, as certified by the Principal Adjudicator, must be paid to the State by the local government concerned (r. 7(4)(e)). Where an adjudicator or Inspector subsequently orders repayment, the same amount can be ordered to be paid to the local government (r. 7(6)-(7)). Mediation costs are recoverable as a debt (r. 7(8)).
Publication windows. When the Act requires publication of censures or orders, the regulations prescribe that the information must be maintained on the Inspector’s website for 12 years from publication (r. 8(1), r. 9(2)). If an appeal or review is lodged, a note that an application has been made and the outcome must be published alongside the order (r. 8(2)-(3); r. 9(3)).

The regulations create duties and constraints for a discrete set of public officials and impose costs and procedural obligations on local governments and individuals who are subjects of complaints or alleged offences. The principal affected parties are:

The Inspector and the Principal Adjudicator. The regulations allocate roles and procedural steps to the Inspector and Principal Adjudicator: referrals of behavioural complaints (r. 6), creation of a mediators panel and certification of mediation costs (r. 7), publication obligations (r. 8-9), appointment and payment authority for monitors (r. 12-15), appointment of authorised inspectorate officers (r. 20), and acting as the approved officer for receipt of modified penalties (r. 21(2)).
Adjudicators and mediators. Adjudicators may serve on the mediators panel (r. 7(3)), but an adjudicator who hears a mediation matter under s. 8A.15 cannot appoint themself as mediator for that matter (r. 7(5)). Members of the mediators panel are appointed by the Principal Adjudicator (r. 7(2)).
Local governments. Local governments are required to pay costs set out in the regulator’s determinations: mediation costs to the State (r. 7(4)(e)), and monitor remuneration and expenses as determined (r. 12(2)-(4)). The local government must meet the monitor’s costs in accordance with the determination and the State may recover unpaid amounts as a debt (r. 12(4)-(5)). Local governments are also the primary bodies to which behavioural breach complaints default for handling under adopted codes of conduct (r. 6(2)).
Council members, mayors and presidents. Individuals who are members of councils may be respondents to complaints. The regs also prescribe that a member of a council cannot be selected or appointed as a monitor (r. 13(2)(b)). The mayor or president is given a role in CEO complaint handling: they nominate an employee to perform the CEO’s role in dealing with the matter and may direct that employee (r. 10(3)-(4)).
Chief executive officers and local government employees. The CEO is the subject of specific provisions. If the complaint concerns the CEO, the mayor or president nominates an employee to perform the CEO’s role under s. 5.41 and that employee is subject to the mayor or president’s direction while dealing with the matter (r. 10(3)-(5)). Employees of local governments are expressly excluded from being appointed as monitors (r. 13(2)(d)).
Investigator/authorised inspectorate officers. The Inspector may appoint an inspectorate officer who is an investigator to be an authorised inspectorate officer with power to issue infringement notices under specified offences (r. 20(1)-(2)). Their identity card must show the authority to issue infringement notices (r. 20(3)).

The regulations translate statutory delegations into specific duties for officials and actionable rights for respondents, local governments and other parties. The key duties and rights set out in the instrument are:

Duties of the Inspector and Principal Adjudicator

Referral duty on behavioural complaints. The Inspector must refer a complaint alleging a behavioural breach to the local government’s adopted code of conduct (r. 6(2)), subject to a specified exception where prior findings exist and the Inspector considers the complaint should be treated as a conduct breach and referred to the Principal Adjudicator (r. 6(3)(a)-(b)). This is a mandatory referral posture with a defined threshold.
Establish and maintain a mediators panel. The Principal Adjudicator must establish and maintain a mediators panel consisting of persons considered suitably qualified and experienced to be mediators (r. 7(2)). The Principal Adjudicator also certifies the mediation costs payable to the State (r. 7(4)(e)).
Publication duties. Where the Act requires publication of censures or orders, the Inspector must publish information on the Inspector’s website and keep it for 12 years (r. 8(1); r. 9(2)). If a review or appeal is lodged, the Inspector must publish a note that an application has been made and the outcome (r. 8(2)-(3), r. 9(3)).

Duties in relation to monitors

Determination of remuneration and payment procedure. Before appointment, the Inspector must determine monitor remuneration and expenses and include that determination in the monitor’s terms (r. 12(2)). The determination may provide that the local government pays amounts to the State rather than the monitor directly (r. 12(3)(b)). The local government is required to pay these amounts and unpaid sums are recoverable by the State as a debt (r. 12(4)-(5)).
Notification when varying or terminating appointments. The Inspector must give written notice to the monitor and the local government when varying terms or terminating an appointment early, specifying the variations or termination time (r. 14(3)(a) and r. 15(3)(a)).

Duties of monitors and powers

Adjournment power. A monitor attending a council or committee meeting may adjourn the meeting for up to 24 hours at a time where the monitor considers the meeting is disorderly, not conducted in accordance with the Act, or considering an unauthorised motion (r. 16(2)). The monitor must notify the Inspector if the meeting is adjourned to the following day (r. 16(3)).

The regulations give concrete effect to enforcement pathways within the local government oversight scheme: a prescribed infringement regime, mechanisms to recover debts and costs, and the usual court and administrative review avenues. The principal enforcement features are:

Infringement notices and modified penalties

Schedule 2 lists prescribed offences and their modified penalties under the Act (r. 19). The offences and penalties include, for example, s. 4.87(1) , $500, s. 5.21(5) , $1,000, s. 5.75(1) or (2) , $1,000, and several other offences and regulation contraventions (Schedule 2).
The Inspector is the approved officer for receipt of payment of modified penalties (r. 21(2)). The formal infringement notice is the form in Schedule 3 (r. 21(1)), which must inform the alleged offender that payment must be made to the approved officer within 28 days to avoid prosecution (note referencing Criminal Procedure Act 2004 and r. 21(2)).
Schedule 3 sets out the consequences if the modified penalty is not paid within 28 days: potential prosecution or enforcement under the Fines, Penalties and Infringement Notices Enforcement Act 1994, including licence suspension, vehicle immobilisation, publication of details, garnishee of earnings or bank accounts, and seizure and sale of property (Schedule 3 text). This cross‑references external enforcement legislation for execution of monetary penalties.

Issue and withdrawal procedures

The Inspector may appoint investigators as authorised inspectorate officers to issue infringement notices (r. 20(1)). The appointed investigator’s identity card must state their authority to issue such notices (r. 20(3)).
The prescribed period for issuing infringement notices is the earlier of six months after the alleged offence or 21 days after the authorised inspectorate officer forms the belief there is sufficient evidence supporting the allegation (r. 22(2)-(3)). This creates a finite window for officers to issue notices and therefore a limitation practical enforcement constraint for inspectors.
Schedule 4 provides a formal form for withdrawal of an infringement notice (r. 23). Where an infringement notice is withdrawn and the modified penalty was paid, the withdrawal form states the amount will be refunded (Schedule 4).

Debt recovery and court enforcement

Mediation costs certified by the Principal Adjudicator are payable to the State by the local government concerned (r. 7(4)(e)) and sums ordered to be paid under adjudication powers are recoverable as debts in a court (r. 7(8)).

The regulations are tightly cross‑referenced to the Local Government Act 1995 and to a number of other statutes and subordinate instruments. The interplay with those laws is both operational and transitional. Key interactions and linkages in the instrument are:

Primary legislative framework: Local Government Act 1995

The regulations are principally procedural adjuncts to the Local Government Act 1995. Multiple provisions of the regulations are expressly made for the purposes of specific sections of the Act: Part 2 aligns with Part 8A of the Act (see r. 3 heading and the references throughout Part 2 to sections such as s. 8A.3, s. 8A.4, s. 8A.12, s. 8A.15) and Parts 3 and 4 implement elements of Part 8B of the Act (r. 12 heading referencing ss. 8B.39 and 8B.41; r. 17 referencing s. 8B.50). The regulations do not alter the Act’s substantive offences but define processes for enforcing and administering the Act’s procedures.
The regulations explicitly adopt certain Act terms and continue other Act provisions for transitional purposes (Part 6). For example, they preserve s. 5.118 and s. 5.121 as in force immediately before 1 January 2026 for publication and register purposes during a transitional period (r. 25(2)-(3)), and they provide transitional treatment for s. 5.119 suspensions and disqualifications (r. 26).

Subordinate instruments and other regulations

The regulations designate a particular offence from the Local Government (Administration) Regulations 1996 , regulation 36B , as a “specified offence” for the purposes of s. 8A.4(2)(b) of the Act (r. 5). Schedule 2 also lists offences drawn from the Local Government (Administration) Regulations 1996 and the Local Government (Elections) Regulations 1997.
Schedule 2 includes offences under the Local Government (Elections) Regulations 1997 (regulation 22AA and 30B), linking the infringement notice regime to election regulations.

Criminal Procedure Act 2004

The instrument notes that the Criminal Procedure Act 2004 s. 9(1)(f)(iii), as applied by s. 9.22E(1) of the Act, requires an infringement notice to inform the alleged offender of the payment option and the 28‑day period. The regulations adopt that requirement and place it in the Schedule 3 form (r. 21 note and Schedule 3 content).

Fines, Penalties and Infringement Notices Enforcement Act 1994

Schedule 3 explicitly warns that the failure to pay a modified penalty may lead to enforcement action under the Fines, Penalties and Infringement Notices Enforcement Act 1994 and lists the possible enforcement actions. The regulations therefore render the Act’s infringement notices enforceable through the state’s infringement enforcement machinery.

The regulation text provides limited formal amendment history, but it records the originating instrument and commencement dates and documents the transitional interaction with the Local Government Amendment Act 2024. The explicit amendment and commencement history in the source is:

Citation and publication. The compilation table records the regulations as the Local Government (Local Government Inspector) Regulations 2025, SL 2025/209, published 17 December 2025 (Compilation table). Regulation 2 sets commencement: Part 1 on the day of publication on the WA legislation website and the remainder on 1 January 2026 (r. 2).
Relationship to Local Government Amendment Act 2024. Several transitional provisions respond to deletions made by the Local Government Amendment Act 2024. The regulations explicitly continue certain sections of the Act that the Amendment Act deleted, for specific transitional needs:
- Section 5.118 of the Act, as in force immediately before 1 January 2026, continues to apply during the transitional period for publication of particular censures (r. 25(2)).
- Section 5.121 of the Act, as in force immediately before 1 January 2026, continues to apply during the transitional period for complaints that resulted or will result in certain findings (r. 25(3)).
- Section 5.94(ab) as in force before 1 January 2026 continues to apply for any register of complaints required during the transitional period (r. 25(6)).
- Section 5.119 of the Act (suspension and disqualification provisions) is treated so that orders made before 1 January 2026 are taken to have effect as orders under the new Act provisions after 1 January 2026, except for a provision in s. 2.25A of the Act (r. 26(1)). Uncompleted SAT proceedings under s. 5.119 continue and may be completed under that section after 1 January 2026, with resulting suspensions or disqualifications taken to be under the new Act ordering (r. 26(2)-(3)).
- Section 5.123 (confidentiality about complaints) is continued in relation to complaints made before 1 January 2026 (r. 27(2)-(3)). The regulation also sets out how, if a complaint is to be dealt with under the amended Act, the confidentiality regime switches to the new s. 8A.36 (r. 27(4)).
Transitional period definition. The regulations define the transitional period relevant to these continuations as beginning on 1 January 2026 and ending on 15 October 2027 (r. 25(1)). During that period some pre‑amendment provisions continue to apply in specific contexts.

The regulations themselves do not record any litigation history or reported cases. The text contains references to administrative review and tribunal functions under the Act, but it does not name cases, report judgments, or list litigation outcomes. The concrete references to adjudicative or review forums in the instrument are:

State Administrative Tribunal. The regulations anticipate SAT involvement in matters arising under the Act. For example, r. 9 concerns publication of censures and SAT orders and requires the Inspector to include a note of the outcome of an appeal when a note is required under s. 8A.26(3)(b). Regulation 11(h) addresses an SAT refusal to find a specified breach under s. 8A.24(1) as an authorising event for confidential disclosure.
Court jurisdictions for debt recovery and enforcement. The instrument specifies that certain monetary sums are recoverable in a court of competent jurisdiction as debts due to the State or local government: mediation costs certified by the Principal Adjudicator (r. 7(8)) and unpaid monitor remuneration and expenses (r. 12(5)). It also contemplates standard court prosecution of offences where modified penalties are not paid (Schedule 3).
Magistrates and warrants. Entry warrants under Part 8B Division 6 are to be issued by magistrates in the form in Schedule 1 (r. 18). The magistrate’s role is procedural: issuing the warrant after application, with specified contents required in the application (r. 17).
No reported cases. The regulations contain no lists of cases, no reported litigation referred to in footnotes, and no judicial decisions annotated in the compilation we were given. The only adjudicative references are statutory and procedural , the presence of SAT and courts as forums for appeals and recovery.

Consequences for practice

Because the regulations enable tribunal and court processes but record no decisions, practitioners should expect litigation and review to be conducted in the normal forums referenced (SAT, magistrates, courts) but must consult case law databases and tribunal decisions outside this instrument to understand how these procedural rules are being interpreted in contention. The regulations require publication of outcomes for particular orders and appeals (r. 8(2)-(3); r. 9(3)), which will create a public record that may, over time, generate precedent and inform practitioners on enforcement patterns.
Transitional provisions may generate litigation where parties challenge the continued application of deleted provisions or the conversion of pre‑amendment orders into the new framework (r. 25-27). The regulations permit uncompleted SAT proceedings under s. 5.119 to be completed under the pre‑amendment framework (r. 26(2)-(3)), which may give rise to questions about the proper legal basis for particular orders; these are issues to be resolved in the forums identified by the Act and the regulations.

The regulations contain several technical features and operational traps that can create legal and administrative risk if not observed. Below are the concrete “gotchas” drawn from the text and their mechanisms.

Mediation cost allocation is to local governments

The Principal Adjudicator certifies mediation costs but the payment obligation is expressly placed on the local government, to be paid to the State (r. 7(4)(e)). Even when parties agree to mediation, the local government must pay an amount equal to the certified costs. If an adjudicator later finds a conduct breach, the adjudicator may order the respondent to repay the local government an amount equal to the costs the local government paid to the State (r. 7(6)). The immediate cash flow and budget impacts fall on the local government during the mediation phase; recovery against a respondent is discretionary and post hoc.

Strict mediation timeframes and appointment constraints

The adjudicator or Inspector must set a completion time for mediation and the mediator must complete the process within that time, subject only to extensions the adjudicator or Inspector allows (r. 7(4)(a)(ii)-(c)). This creates a tight scheduling constraint for mediators and parties.
An adjudicator that heard a mediation matter under s. 8A.15 cannot appoint themself as mediator afterwards (r. 7(5)). Parties and practitioners should therefore ensure appointment conflicts do not arise.

Referral threshold for behavioural breaches

Behavioural breaches usually return to the local government’s adopted code of conduct (r. 6(2)). The exception occurs only where the respondent has been found on at least two prior occasions, on or after 1 January 2026, to have committed behavioural breaches under a code of conduct and the Inspector considers the complaint should be treated as a conduct breach (r. 6(3)). Practically, counting prior findings starts on 1 January 2026 , matters before that date do not count unless specifically preserved by the transitional rules. Misreading the threshold could lead to misreferral.

Monitors eligibility constraints narrow the pool

The regulations exclude inspectors, council members, local government employees, WALGA and LG Professionals WA employees, and persons connected to bodies that advocate for local governments from being monitors (r. 13(2)(a), (b), (d), (e), (f)). Additionally, audit, risk and improvement committee members cannot be selected or appointed as monitors (r. 13(3)). These exclusions can materially shrink the available candidate pool and slow appointments in practice.

Compliance under these regulations requires process, record‑keeping, role allocation and budgetary arrangements. The following practical steps track the mandatory requirements in the regulations and identify the records and internal controls that will reduce legal and operational risk.

Start with commencement and transitional rules

Be aware of commencement dates: Part 1 of the regulations commenced on publication; the remainder on 1 January 2026 (r. 2). Check whether any matters in your jurisdiction are within the transitional window defined in r. 25(1) (1 January 2026 to 15 October 2027) so you can apply the pre‑amendment provisions preserved for that period (r. 25-27). Where a complaint was made before 1 January 2026 and s. 5.123 applied, keep treating disclosure rules under that section unless and until the complaint is transferred to the post‑amendment regime (r. 27).

Complaint handling and referrals

For behavioural breach complaints, implement a triage protocol: by default refer complaints to the local government’s adopted code of conduct (r. 6(2)). Maintain a register of prior findings against any respondent so you can identify whether the respondent has been found on at least two occasions, on or after 1 January 2026, to have committed behavioural breaches; if so, consult the Inspector and consider referral to the Principal Adjudicator under r. 6(3). Keep copies of decisions and findings in the register to evidence the count of prior findings.

Mediation procedures and budgeting

If mediation is agreed, expect the adjudicator or Inspector to appoint a mediator from the Principal Adjudicator’s mediators panel and set the completion timeframe (r. 7(2), (4)(a)-(c)). Budget for the mediation costs that the Principal Adjudicator may certify and prepare to pay these certified costs to the State (r. 7(4)(e)). Ensure your procurement and accounts payable processes can make payments to the State promptly and document any recovery orders where an adjudicator later orders the respondent to reimburse the local government (r. 7(6), (8)).

Monitors: appointment, selection and payments

If a monitor is to be appointed for your local government, provide the Inspector with necessary information and be prepared to accept the remuneration and expense determination which will be included in the monitor’s terms (r. 12(2)). Ensure the local government’s accounts process can pay monitor remuneration and expenses in accordance with the determination, and where the determination specifies payment to the State, ensure payment is processed accordingly (r. 12(3)(b), (4)). If the Inspector varies or terminates a monitor’s appointment, expect a written notice specifying the variation or termination time (r. 14(3)(a), r. 15(3)(a)).

CrestWestern Australia

Local Government Act 1995

Local Government (Local Government Inspector) Regulations 2025

Western Australia

Local Government (Local Government Inspector) Regulations 2025

Contents

Part 1 — Preliminary

Citation 1
Commencement 1

Part 2 — Breach complaints and general complaints (Part 8A of Act)

Terms used 2
Conduct breaches (s. 8A.3 of Act) 2
Specified breaches (s. 8A.4 of Act) 2
Complaint alleging behavioural breach (s. 8A.12 of Act) 2
Mediation (s. 8A.15 and 8A.34 of Act) 3
Publication of censures and orders made by adjudicator (s. 8A.20 of Act) 5
Publication of censures and SAT orders (s. 8A.26 of Act) 5
Complaint or report about CEO (s. 8A.33 and 8A.35 of Act) 5
Confidentiality about complaints (s. 8A.36 of Act) 7

Part 3 — Monitors (Part 8B Division 5 of Act)

Remuneration and expenses (s. 8B.39 and 8B.41 of Act) 9
Selection and appointment (s. 8B.41 of Act) 9
Variation of terms of appointment (s. 8B.41 of Act) 10
Early termination of appointment (s. 8B.41 of Act) 11
Powers (s. 8B.41 of Act) 11

Part 4 — Powers of authorised officers (Part 8B Division 6 of Act)

Application for entry warrant (s. 8B.50 of Act) 13
Form of entry warrant (s. 8B.51 of Act) 13

Part 5 — Infringement notices issued by authorised inspectorate officer (Part 9 Division 2 Subdivision 2A of Act)

Prescribed offences and modified penalties (s. 9.22B of Act) 14
Appointment of authorised inspectorate officer (s. 9.22C of Act) 14
Form of infringement notice and approved officer (s. 9.22C and 9.22E of Act) 14
Issuing infringement notices (s. 9.22D of Act) 15
Form of notice to withdraw infringement notice (s. 9.22G of Act) 15

Part 6 — Transitional provisions (Schedule 9.3 clause 81(2) of Act)

Application 16
Publication of information relating to complaints 16
Provisions relating to s. 5.119(1) of Act 17
Confidentiality about complaints made before 1 January 2026 18

Schedule 1 — Form of entry warrant

Schedule 2 — Prescribed offences and modified penalties

Schedule 3 — Form of infringement notice

Schedule 4 — Form of notice to withdraw infringement notice

Notes

Compilation table 26

Defined terms

Local Government Act 1995

Local Government (Local Government Inspector) Regulations 2025

Part 1 — Preliminary

1. Citation

	These regulations are the *Local Government (Local Government Inspector) Regulations 2025*.

2. Commencement

These regulations come into operation as follows —

(a) Part 1 — on the day on which these regulations are published on the WA legislation website;

(b) the rest of the regulations — on 1 January 2026.

Part 2 — Breach complaints and general complaints (Part 8A of Act)

3. Terms used

(1) In this Part —

adopted code of conduct, of a local government, means the code of conduct adopted by the local government under section 5.104 of the Act.

(2) If a term used in this Part is given a meaning in section 8A.1 of the Act, it has the same meaning in this Part.

4. Conduct breaches (s. 8A.3 of Act)

(1) In this regulation —

local law as to conduct means a local law made under the Act that relates to the conduct of people at council meetings or meetings of a committee of a council.

(2) For the purposes of section 8A.3(1)(b) of the Act, the contravention of a local law as to conduct is a conduct breach.

5. Specified breaches (s. 8A.4 of Act)

For the purposes of section 8A.4(2)(b) of the Act, an offence under the Local Government (Administration) Regulations 1996 regulation 36B is a specified offence.

6. Complaint alleging behavioural breach (s. 8A.12 of Act)

(1) This regulation applies for the purposes of section 8A.12(1) of the Act.

(2) Subject to subregulation (3), the Inspector must refer the complaint to the local government concerned to be dealt with under the local government’s adopted code of conduct.

(3) The Inspector must refer the complaint to the Principal Adjudicator under section 8A.13(1)(a) of the Act to be dealt with under Part 8A Division 5 of the Act as if the complaint were a breach complaint alleging a conduct breach if —

(a) the respondent has, on at least 2 previous occasions, been found, under a local government’s adopted code of conduct, to have committed, on or after 1 January 2026, a behavioural breach; and

(b) having regard to those behavioural breaches, the Inspector considers that the complaint ought to be dealt with under Part 8A Division 5 of the Act as if the complaint were a breach complaint alleging a conduct breach.

7. Mediation (s. 8A.15 and 8A.34 of Act)

(1) This regulation applies for the purposes of sections 8A.15(2) and 8A.34(4) of the Act.

(2) The Principal Adjudicator must establish and maintain a panel (the mediators panel) that consists of persons who the Principal Adjudicator considers to be suitably qualified and experienced to be mediators.

(3) An adjudicator may be a member of the mediators panel.

(4) If a complainant and respondent agree to a request to participate in mediation under section 8A.15(1) or 8A.34(3) of the Act —

(a) the adjudicator or Inspector, as the case requires, must —

(i) appoint a member of the mediators panel to be the mediator; and

(ii) set the time within which the mediation must be completed;

and

(b) the mediator must determine the procedures to be followed for the mediation; and

(c) the mediation must be completed within the time set under paragraph (a)(ii), subject to any extension of that time allowed by the adjudicator or Inspector, as the case requires; and

(d) the mediator must report the outcome of the mediation to the adjudicator or Inspector, as the case requires; and

(e) an amount equal to the costs of the mediation, as determined and certified by the Principal Adjudicator, must be paid to the State by the local government concerned.

Examples for this paragraph:

The mediator’s remuneration and expenses.
Administrative costs incurred by the State in connection with the mediation.

(5) In the case of a mediation under section 8A.15(1) of the Act, the adjudicator cannot appoint themself to be the mediator under subregulation (4)(a)(i).

(6) If, after a mediation under section 8A.15(1) of the Act, the adjudicator finds under section 8A.18 of the Act that a conduct breach has occurred, the adjudicator may order that the respondent pay to the local government concerned an amount equal to the amount to be paid by the local government to the State under subregulation (4)(e).

(7) If, after a mediation under section 8A.34(3) of the Act, the Inspector forms the view under section 8A.34(5) of the Act that a person has contravened, or is contravening, a provision, the Inspector may order that the person pay to the local government concerned an amount equal to the amount to be paid by the local government to the State under subregulation (4)(e).

(8) An amount certified under subregulation (4)(e), or ordered to be paid under subregulation (6) or (7), is recoverable by the State or the local government, as the case requires, in a court of competent jurisdiction as a debt due to the State or the local government.

8. Publication of censures and orders made by adjudicator (s. 8A.20 of Act)

(1) For the purposes of section 8A.20(2) of the Act, information referred to in section 8A.20(1) of the Act must be kept on the Inspector’s website for the period of 12 years beginning on the day on which the information is published on the Inspector’s website.

(2) If an application is made under section 8A.22(1) of the Act for a review of a decision to make an order that is required to be published under section 8A.20(1) of the Act, the Inspector must also publish the following on the Inspector’s website as soon as practicable —

(a) a note that the application has been made;

(b) a note of the outcome of the application.

(3) A note published under subregulation (2) must be kept on the Inspector’s website with the published order.

9. Publication of censures and SAT orders (s. 8A.26 of Act)

(1) This regulation applies for the purposes of section 8A.26(1)(c) and (4) of the Act.

(2) Information referred to in section 8A.26(1)(a) or (b) of the Act must be kept on the Inspector’s website for the period of 12 years beginning on the day on which the information is published on the Inspector’s website.

(3) If the Inspector includes a note under section 8A.26(3)(b) of the Act, the Inspector must include a note of the outcome of the appeal as soon as practicable.

10. Complaint or report about CEO (s. 8A.33 and 8A.35 of Act)

(1) In this regulation —

employee means an employee of the local government other than the CEO;

matter means, as the case requires —

(a) the complaint relating to the CEO referred to in section 8A.33(6) of the Act; or

(b) the investigator’s report referred to in section 8A.35(5) of the Act.

(2) This regulation applies for the purposes of sections 8A.33(6) and 8A.35(5) of the Act.

(3) In relation to the dealing with of the matter —

(a) the role of the CEO, as described in section 5.41(1) to (5) of the Act, is to be performed by an employee nominated by the mayor or president; and

(b) in performing that role, the employee is subject to the direction of the mayor or president.

(4) Without limiting subregulation (3)(b), the mayor or president may direct the employee —

(a) to determine the reports, advice or other assistance that the council will need in order to deal with the matter; and

(b) to provide or procure those reports, advice or other assistance; and

(5) Without limiting subregulation (3), if the mayor or president decides to call for a special meeting of the council under section 5.4(a) of the Act for the purpose of dealing with the matter —

(a) the notice under section 5.4(a) of the Act is to be given to an employee nominated by the mayor or president; and

(b) that employee must then, at the direction of the mayor or president, perform the CEO’s function under section 5.5(2) of the Act.

11. Confidentiality about complaints (s. 8A.36 of Act)

For the purposes of section 8A.36(6)(h) of the Act, the disclosure or use of information to which section 8A.36(2) of the Act applies is authorised if any of the following has occurred —

(a) the complaint is dismissed or withdrawn under the adopted code of conduct of the local government concerned;

(b) a finding is made under the adopted code of conduct of the local government concerned as to whether the alleged breach the subject of the complaint has occurred;

(d) the Inspector declines to continue dealing with the complaint under section 8A.8(2) of the Act;

(e) the Inspector declines to accept the complaint under section 8A.9 of the Act;

(f) the complaint is withdrawn under section 8A.16(1) of the Act (unless section 8A.16(4) of the Act applies);

(g) the Inspector publishes information relating to the complaint under section 8A.20(1) or 8A.26(1) of the Act;

(h) on an allegation under section 8A.24(1) of the Act, the State Administrative Tribunal refuses to find that the person against whom the allegation was made committed a specified breach;

(i) the Inspector declines to accept the complaint under section 8A.31(1) of the Act;

(j) the Inspector declines to continue dealing with the complaint under section 8A.31(2) of the Act;

(k) the Inspector declines to accept the complaint under section 8A.32 of the Act;

(l) after receiving a report in relation to the complaint from an investigator under section 8A.34 of the Act, the Inspector decides that the complaint is not to be dealt with any further under that section.

Part 3 — Monitors (Part 8B Division 5 of Act)

12. Remuneration and expenses (s. 8B.39 and 8B.41 of Act)

(1) This regulation applies for the purposes of sections 8B.39(2)(c) and (g) and 8B.41(a), (b) and (c) of the Act.

(2) Before appointing a monitor for a local government, the Inspector must —

(a) determine the remuneration and expenses to be paid to the monitor and the procedure for their payment; and

(b) include the determination in the monitor’s terms of appointment under section 8B.39 of the Act.

(3) Without limiting what else may be included in the determination, the determination may provide as follows —

(a) for the monitor to be paid an expense that is not otherwise covered by the determination if the expense is incurred with the Inspector’s prior approval;

(b) for the local government to pay the monitor’s remuneration and expenses to the State (rather than to the monitor directly).

(4) The local government must pay the monitor’s remuneration and expenses in accordance with the determination.

(5) If the local government does not pay any remuneration or expense of the monitor in accordance with the determination, the unpaid amount is recoverable from the local government by the State in a court of competent jurisdiction as a debt due to the State.

13. Selection and appointment (s. 8B.41 of Act)

(1) This regulation applies for the purposes of section 8B.41(e) and (f) of the Act.

(2) None of the following can be selected or appointed as a monitor —

(a) an inspectorate officer;

(b) a member of a council;

(d) an employee of a local government or regional subsidiary;

(e) an employee of WALGA or the Local Government Professionals Australia (WA);

(f) a member of the governing body of, or an employee of, a body corporate the activities of which are, wholly or mainly, advocating or otherwise acting for, or on behalf of, 1 or more of the following —

(i) local governments;

(ii) members of councils;

(iii) employees of local governments.

(3) A person cannot be selected or appointed as a monitor for a local government if the person is a member of the local government’s audit, risk and improvement committee under Part 7 Division 1A of the Act, including where that committee is a shared committee under section 7.1CB of the Act.

14. Variation of terms of appointment (s. 8B.41 of Act)

(1) This regulation applies for the purposes of section 8B.41(g) of the Act.

(2) The Inspector may vary a monitor’s terms of appointment at any time.

(3) If the Inspector decides to vary a monitor’s terms of appointment —

(a) the Inspector must give the monitor and the local government each a written notice that —

(i) sets out the variation; and

(ii) specifies the time at which the variation takes effect;

and

(b) the terms of appointment are varied accordingly at the specified time.

15. Early termination of appointment (s. 8B.41 of Act)

(1) This regulation applies for the purposes of section 8B.41(h) of the Act.

(2) The Inspector may terminate a monitor’s appointment early.

(3) If the Inspector decides to terminate a monitor’s appointment early —

(a) the Inspector must give the monitor and the local government each a written notice that —

(i) states that the appointment is to be terminated early; and

(ii) specifies the time at which the termination takes effect;

and

(b) the appointment terminates accordingly at the specified time.

16. Powers (s. 8B.41 of Act)

(1) This regulation applies for the purposes of section 8B.41(i) of the Act if a monitor attends a council meeting or a meeting of a committee of a council.

(2) The monitor may, on 1 or more occasions, adjourn the meeting for up to 24 hours at a time if the monitor considers that —

(a) the meeting is disorderly; or

(b) the meeting is not being conducted in accordance with the Act; or

(c) the meeting is considering a motion that, if carried, would result in a decision or other action that is not authorised by, or that otherwise contravenes, a written law.

(3) The monitor must notify the Inspector if the monitor adjourns the meeting to the following day.

Part 4 — Powers of authorised officers (Part 8B Division 6 of Act)

17. Application for entry warrant (s. 8B.50 of Act)

For the purposes of section 8B.50(2)(a) of the Act, an application for an entry warrant must include the following information —

(a) the applicant’s name and the position they hold;

(b) a reasonably particular description of the place to which the application relates;

(d) if the authorised purpose is investigating a suspected offence under the Act — the provision of the Act suspected of being contravened;

(e) the grounds of the application, including an explanation as to why it is necessary for an authorised person to enter the place for the authorised purpose.

18. Form of entry warrant (s. 8B.51 of Act)

For the purposes of section 8B.51(3) of the Act, the form of entry warrant is the form in Schedule 1.

Part 5 — Infringement notices issued by authorised inspectorate officer (Part 9 Division 2 Subdivision 2A of Act)

19. Prescribed offences and modified penalties (s. 9.22B of Act)

For the purposes of section 9.22B(1) and (3)(a) of the Act, the offences and modified penalties are as set out in Schedule 2.

20. Appointment of authorised inspectorate officer (s. 9.22C of Act)

(1) For the purposes of section 9.22C(a) of the Act, the Inspector may appoint, as an authorised inspectorate officer, an inspectorate officer who is an investigator.

(2) Unless otherwise specified by the Inspector, an appointment under subregulation (1) applies in relation to all the offences prescribed under regulation 19.

(3) For the purposes of section 9.22C(b) of the Act, the identity card issued under section 8B.34(1) of the Act to an investigator who is an authorised inspectorate officer must state that the investigator is authorised to issue infringement notices under Part 9 Division 2 Subdivision 2A of the Act.

21. Form of infringement notice and approved officer (s. 9.22C and 9.22E of Act)

(1) For the purposes of section 9.22C(c) of the Act, the form of infringement notice is the form in Schedule 3.

(2) The Inspector is the approved officer for the purposes of infringement notices.

Note for this subregulation:

The Criminal Procedure Act 2004 section 9(1)(f)(iii), as applied by section 9.22E(1) of the Act, requires an infringement notice to inform the alleged offender that if the alleged offender does not want to be prosecuted for the alleged offence, the modified penalty for the offence may be paid to an approved officer within 28 days after the date of the notice.

22. Issuing infringement notices (s. 9.22D of Act)

(1) This regulation applies for the purposes of section 9.22D(2) of the Act.

(2) Subject to subregulation (3), the prescribed period is the period of 6 months after the day on which the authorised inspectorate officer believes the alleged offence to have been committed.

(3) If it has not already expired, the prescribed period expires at the end of the period of 21 days after the day on which the authorised inspectorate officer forms the belief that there is sufficient evidence to support the allegation of the offence.

23. Form of notice to withdraw infringement notice (s. 9.22G of Act)

For the purposes of section 9.22G(2) of the Act, the form of notice is the form in Schedule 4.

Part 6 — Transitional provisions (Schedule 9.3 clause 81(2) of Act)

24. Application

This Part applies for the purposes of Schedule 9.3 clause 81(2) of the Act.

25. Publication of information relating to complaints

(1) In this regulation —

transitional period means the period beginning on 1 January 2026 and ending on 15 October 2027.

(2) Despite its deletion by the Local Government Amendment Act 2024 section 71, section 5.118 of the Act, as in force immediately before 1 January 2026, continues to apply during the transitional period in relation to the publication of the following —

(a) a censure ordered before 1 January 2026;

(b) a censure ordered during the transitional period by a standards panel under Schedule 9.3 clause 73(2) of the Act.

(3) Despite its deletion by the Local Government Amendment Act 2024 section 71, section 5.121 of the Act, as in force immediately before 1 January 2026, continues to apply during the transitional period in relation to the following —

(a) a complaint that resulted, before 1 January 2026, in a finding referred to in section 5.121(1) of the Act;

(b) a complaint that results, during the transitional period, in a finding referred to in section 5.121(1) of the Act under Schedule 9.3 clause 73(2) of the Act.

(4) For the purposes of section 5.121 of the Act as it continues to apply under subregulation (3), the CEO of a local government is taken to be the complaints officer for the local government.

(5) In section 5.53(2)(hb) of the Act, as inserted by the Local Government Amendment Act 2024 section 52(1), the reference to entries made under section 5.96C of the Act includes the following —

(a) entries made before 1 January 2026 under section 5.121 of the Act;

(b) entries made during the transitional period under section 5.121 of the Act as it continues to apply under subregulation (3).

(6) Despite its deletion by the Local Government Amendment Act 2024 section 59(1), section 5.94(ab) of the Act, as in force immediately before 1 January 2026, continues to apply during the transitional period in relation to any register of complaints that is required to be maintained during the transitional period under section 5.121 of the Act as it continues to apply under subregulation (3).

26. Provisions relating to s. 5.119(1) of Act

(1) On and after 1 January 2026 —

(a) a person suspended by an order made before 1 January 2026 under section 5.119(1) of the Act is taken to be, or to have been, suspended by an order under section 8A.27(2)(b) of the Act, except in section 2.25A of the Act; and

(b) a person disqualified from holding office as a member of a council by an order made before 1 January 2026 under section 5.119(1) of the Act is taken to be, or to have been, disqualified by an order under section 8A.27(2)(b) of the Act.

(2) Subregulation (3) applies if, immediately before 1 January 2026, there are uncompleted proceedings before the State Administrative Tribunal under section 5.119 of the Act.

(3) On and after 1 January 2026 —

(a) the proceedings may be completed under section 5.119 of the Act, which continues to apply with section 5.117 of the Act accordingly despite their deletion by the Local Government Amendment Act 2024 section 71; and

(b) if an order is made under section 5.119(1) of the Act suspending a person — the person is taken to have been suspended by an order under section 8A.27(2)(b) of the Act, except in section 2.25A of the Act; and

(c) if an order is made under section 5.119(1) of the Act disqualifying a person from holding office as a member of a council — the person is taken to have been disqualified by an order under section 8A.27(2)(b) of the Act.

27. Confidentiality about complaints made before 1 January 2026

(1) In this regulation —

complaint means a complaint made before 1 January 2026 and in relation to which section 5.123 of the Act applied immediately before 1 January 2026.

(2) In relation to the disclosure, on or after 1 January 2026, of information relating to a complaint, section 5.123 of the Act continues to apply on and after 1 January 2026 as it applied immediately before 1 January 2026, despite its deletion by the Local Government Amendment Act 2024 section 71.

(3) In section 5.123(2)(c) of the Act, as it continues to apply under subregulation (2), the reference to section 5.110(6) of the Act includes that provision as it continues to apply under Schedule 9.3 clause 73(2) of the Act.

(4) If, in accordance with Schedule 9.3 clause 73(3), (5) or (6) of the Act, a complaint is to be dealt with under the Act as amended by the Local Government Amendment Act 2024 —

(a) subregulation (2) does not apply, or ceases to apply, in relation to the disclosure of information relating to the complaint; and

(b) section 8A.36 of the Act applies instead as if the complaint were covered by the definition of complaint in section 8A.36(1) of the Act.

Schedule 1 — Form of entry warrant

[r. 18]

Local Government Act 1995 s. 8B.51 Entry warrant
To All authorised officers under the Local Government Act 1995 Part 8B Division 6.
Application The applicant has applied under the Local Government Act 1995 s. 8B.50 to me, a magistrate, for an entry warrant.
Applicant’s details Name of authorised officer
Position held by authorised officer
Authorised purpose
Warrant This warrant authorises you to enter the place described below for the authorised purpose.
Place to be entered
Period during which warrant may be executed
Issuing details Name of magistrate
Date Time
Magistrate’s signature Issued by me on the above date and at the above time.Magistrate

Schedule 2 — Prescribed offences and modified penalties

[r. 19]

Offence	Modified penalty
Offence under section 4.87(1) of the Act	$500
Offence under section 5.21(5) of the Act	$1 000
Offence under section 5.75(1) or (2) of the Act	$1 000
Offence under section 5.76(1) or (2) of the Act	$1 000
Offence under section 5.87A(1) of the Act	$1 000
Offence under section 5.87B(1) of the Act	$1 000
Offence under section 9.10(6) of the Act	$500
Offence under the Local Government (Administration) Regulations 1996 regulation 36B(1) or (2)	$500
Offence under the Local Government (Elections) Regulations 1997 regulation 22AA(4) or (7)	$500
Offence under the Local Government (Elections) Regulations 1997 regulation 30B(2)	$1 000

Schedule 3 — Form of infringement notice

[r. 21]

Local Government Act 1995 Part 9 Division 2 Subdivision 2AINFRINGEMENT NOTICE Infringement notice no.
Alleged offender Name
Address
Alleged offence Date or period
Place
Provision of written law contravened
Details of offence
Date Date of notice
Issuing officer Name
Office
Signature
Modified penalty $_____
TAKE NOTICE It is alleged that you have committed the above offence.If you do not want to be prosecuted in court for the offence, pay the modified penalty to the Local Government Inspector within 28 days after the date of this notice.If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following actions may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold.If you need more time to pay the modified penalty, you should contact the Local Government Inspector at the address below.Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case.If you want this matter to be dealt with by prosecution in court, sign and date here: __________________________________ / /20 and post this notice to the Local Government Inspector at the address below within 28 days after the date of this notice.If you consider that you have good reason to have this notice withdrawn, you can write to the Local Government Inspector at the address below requesting that this notice be withdrawn and setting out why you consider that this notice should be withdrawn. Your letter must be received not later than 28 days after the date of this notice.
How to pay In person [Insert details for paying in person]
By post Post this notice, with a cheque or money order made payable to [insert payee], to:*[Insert address]*Do not send cash in the mail.
Online [Insert details for paying online]

Schedule 4 — Form of notice to withdraw infringement notice

[r. 23]

Local Government Act 1995 Part 9 Division 2 Subdivision 2AWITHDRAWAL OF INFRINGEMENT NOTICE Withdrawal no.
Alleged offender Name
Address
Details of infringement notice Infringement notice no.
Date of notice
Alleged offence Date or period
Place
Provision of written law contravened
Details of offence
Local Government Inspector Name
Signature
Date Date of withdrawal
Withdrawal of infringement notice The above infringement notice issued against you for the above alleged offence has been withdrawn.If you have already paid the modified penalty for the alleged offence in accordance with the infringement notice, the amount will be refunded to you.

View image in the official source

Notes

This is a compilation of the Local Government (Local Government Inspector) Regulations 2025. For provisions that have come into operation see the compilation table.

Compilation table

Citation	Published	Commencement
Local Government (Local Government Inspector) Regulations 2025	SL 2025/209 17 Dec 2025	Pt. 1: 17 Dec 2025 (see r. 2(a)); Regulations other than Pt. 1: 1 Jan 2026 (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)

adopted code of conduct 3(1)

complaint 27(1)

employee 10(1)

local law as to conduct 4(1)

matter 9(1)

mediators panel 7(2)

transitional period 25(1)

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.

Attribute work as: © State of Western Australia 2026.

By Authority: ROGER JACOBS, Acting Government Printer

Western Australia

Local Government Act 1995

Local Government (Local Government Inspector) Regulations 2025

Western Australia

Local Government (Local Government Inspector) Regulations 2025

Contents

Part 1 — Preliminary

Citation 1
Commencement 1

Part 2 — Breach complaints and general complaints (Part 8A of Act)

Terms used 2
Conduct breaches (s. 8A.3 of Act) 2
Specified breaches (s. 8A.4 of Act) 2
Complaint alleging behavioural breach (s. 8A.12 of Act) 2
Mediation (s. 8A.15 and 8A.34 of Act) 3
Publication of censures and orders made by adjudicator (s. 8A.20 of Act) 5
Publication of censures and SAT orders (s. 8A.26 of Act) 5
Complaint or report about CEO (s. 8A.33 and 8A.35 of Act) 5
Confidentiality about complaints (s. 8A.36 of Act) 7

Part 3 — Monitors (Part 8B Division 5 of Act)

Remuneration and expenses (s. 8B.39 and 8B.41 of Act) 9
Selection and appointment (s. 8B.41 of Act) 9
Variation of terms of appointment (s. 8B.41 of Act) 10
Early termination of appointment (s. 8B.41 of Act) 11
Powers (s. 8B.41 of Act) 11

Part 4 — Powers of authorised officers (Part 8B Division 6 of Act)

Application for entry warrant (s. 8B.50 of Act) 13
Form of entry warrant (s. 8B.51 of Act) 13

Part 5 — Infringement notices issued by authorised inspectorate officer (Part 9 Division 2 Subdivision 2A of Act)

Prescribed offences and modified penalties (s. 9.22B of Act) 14
Appointment of authorised inspectorate officer (s. 9.22C of Act) 14
Form of infringement notice and approved officer (s. 9.22C and 9.22E of Act) 14
Issuing infringement notices (s. 9.22D of Act) 15
Form of notice to withdraw infringement notice (s. 9.22G of Act) 15

Part 6 — Transitional provisions (Schedule 9.3 clause 81(2) of Act)

Application 16
Publication of information relating to complaints 16
Provisions relating to s. 5.119(1) of Act 17
Confidentiality about complaints made before 1 January 2026 18

Schedule 1 — Form of entry warrant

Schedule 2 — Prescribed offences and modified penalties

Schedule 3 — Form of infringement notice

Schedule 4 — Form of notice to withdraw infringement notice

Notes

Compilation table 26

Defined terms

Local Government Act 1995

Local Government (Local Government Inspector) Regulations 2025

Part 1 — Preliminary

1. Citation

	These regulations are the *Local Government (Local Government Inspector) Regulations 2025*.

2. Commencement

These regulations come into operation as follows —

(a) Part 1 — on the day on which these regulations are published on the WA legislation website;

(b) the rest of the regulations — on 1 January 2026.

Part 2 — Breach complaints and general complaints (Part 8A of Act)

3. Terms used

(1) In this Part —

adopted code of conduct, of a local government, means the code of conduct adopted by the local government under section 5.104 of the Act.

(2) If a term used in this Part is given a meaning in section 8A.1 of the Act, it has the same meaning in this Part.

4. Conduct breaches (s. 8A.3 of Act)

(1) In this regulation —

local law as to conduct means a local law made under the Act that relates to the conduct of people at council meetings or meetings of a committee of a council.

(2) For the purposes of section 8A.3(1)(b) of the Act, the contravention of a local law as to conduct is a conduct breach.

5. Specified breaches (s. 8A.4 of Act)

For the purposes of section 8A.4(2)(b) of the Act, an offence under the Local Government (Administration) Regulations 1996 regulation 36B is a specified offence.

6. Complaint alleging behavioural breach (s. 8A.12 of Act)

(1) This regulation applies for the purposes of section 8A.12(1) of the Act.

(2) Subject to subregulation (3), the Inspector must refer the complaint to the local government concerned to be dealt with under the local government’s adopted code of conduct.

(a) the respondent has, on at least 2 previous occasions, been found, under a local government’s adopted code of conduct, to have committed, on or after 1 January 2026, a behavioural breach; and

7. Mediation (s. 8A.15 and 8A.34 of Act)

(1) This regulation applies for the purposes of sections 8A.15(2) and 8A.34(4) of the Act.

(3) An adjudicator may be a member of the mediators panel.

(4) If a complainant and respondent agree to a request to participate in mediation under section 8A.15(1) or 8A.34(3) of the Act —

(a) the adjudicator or Inspector, as the case requires, must —

(i) appoint a member of the mediators panel to be the mediator; and

(ii) set the time within which the mediation must be completed;

and

(b) the mediator must determine the procedures to be followed for the mediation; and

(c) the mediation must be completed within the time set under paragraph (a)(ii), subject to any extension of that time allowed by the adjudicator or Inspector, as the case requires; and

(d) the mediator must report the outcome of the mediation to the adjudicator or Inspector, as the case requires; and

(e) an amount equal to the costs of the mediation, as determined and certified by the Principal Adjudicator, must be paid to the State by the local government concerned.

Examples for this paragraph:

The mediator’s remuneration and expenses.
Administrative costs incurred by the State in connection with the mediation.