PART 20: ADMINISTRATIVE MATTERS
20.1 Suspension of Standing Orders
20.2 Cases Not Provided for in Standing Orders
20.3 Penalty for Breach of Standing Orders
20.4 Duty of Chief Executive Officer
20.5 Confidentiality
20.6 Meetings of Electors
GOVERNMENT GAZETTE, WA [26 February 1998972
enabling it, the Council of the Shire of Carnarvon hereby records having resolved on the 28th day of
January 1998, to revoke the By-Laws of the Shire of Carnarvon referred to as the ‘Standing Orders’
published in the Government Gazette on 2 May 1986, as amended in the Government Gazette on 31
December 1987, 29 April 1994 and 28 October 1994, and to make the following local laws.
INTERPRETATIONS AND STANDING ORDERS
1.1 Proceedings Conducted According to Standing Orders
The proceedings and business of the Council shall be conducted in accordance with the Act, regulations,
and any other law, and where not specifically prescribed, according to these local laws, the clauses of
which shall be referred to as “the Standing Orders”.
1.2 All Meetings Governed by Standing Orders
The proceedings of all Council Meetings, Committee Meetings and other meetings of the Council shall
be governed by these standing orders unless otherwise provided in the Act, regulations, or any other law.
1.3 Interpretations
The Interpretations should be used in these standing orders, unless the context otherwise requires—
“Act” means the “Local Government Act, 1995 and all its amendments and successors”;
“Clause” means a clause of these standing orders;
“Committee” means any Committee appointed in accordance with the provisions of the Act;
“President” includes the Deputy President, in the absence of the President, and any Councillor
chosen to preside at any meeting of the Council in the manner prescribed in the Act;
“Presiding Member” includes the Deputy Presiding Member, in the absence of the Presiding
Member, and any member chosen to preside at any meeting of a Committee in the manner
prescribed in the Act;
“Meeting” includes any Ordinary or Special Meeting of the Council or any other meeting held in
accordance with the Act and properly convened as the Act requires;
“Member” means the President, or a Councillor of the Council, or in the case of Committees, a
member of the Committee appointed in accordance with the Act;
“Officer” is an employed member of the staff of the Council;
“Chief Executive Officer” means the Chief non-elected officer of the Shire or the officer who, for the
time being, is acting in that capacity;
“Simple majority” is more than 50% of the members present and voting;
“Substantive motion” means any motion other than an amendment or a procedural motion;
MEETINGS—NOTICE OF BUSINESS
2.1 Notice of Meetings—Members to Receive Notice
Notice of meetings shall be given by the Chief Executive Officer in accordance with the Act.
2.2 Notices of Motion—Ordinary and Extraordinary Business
Members may bring forward business in the form of a written motion, of which notice shall be given in
writing to the Chief Executive Officer, either at the meeting previous to the meeting at which it is
intended to move the motion, or at any time thereafter up to 24 hours before the close of the business
Agenda Paper.
The CEO may, on his own initiative, make such amendments to the form but not the substance thereof
as will bring the notice of motion into due form.
2.3 Motion to Lapse
A motion shall lapse unless the member who gave notice is present, unless another member is willing to
move the motion when it is called.
2.4 Objectionable Business
If the President is of the opinion that any motion or business proposed is of an objectionable nature, the
President may, either before or after the matter is brought forward at any meeting, declare that it shall
not be considered.
Any member may move dissent from such a declaration made from the Chair. On the motion being
seconded, the motion to dissent shall be put without debate, and in the event of the motion being carried
by a majority of the members present, the business referred to shall then be considered immediately, but
if the motion is lost, the ruling of the President shall stand.
GOVERNMENT GAZETTE, WA 97326 February 1998]
2.5 Business to be Specified on Notice Paper
No business shall be transacted at any meeting other than that specified in the notice without the
approval of the President or the approval of the majority of members present determined by vote.
3. MEETINGS—QUORUM
3.1 Quorum at Meetings
In accordance with the Act, the quorum at all meetings of the Council shall be at least 50% of the total
number of offices (whether vacant or not) of members of the Council.
3.2 Count-out/Adjournment
At any time during any meeting of the Council any Councillor or the Chief Executive Officer may call
the attention of the President to the fact that a quorum is not present. The President shall immediately
suspend the proceedings of the meeting for a period of five minutes. If a quorum is not present at the end
of this period, the meeting shall be deemed to have been counted out, and the President shall adjourn it
to a later hour of the same day or to any other time, not more than seven days from the date of adjourn-
ment.
3.3 Absence of Quorum—Record in Minute Book
At all meetings of the Council when the Council is counted out, and an absence of quorum noted, the
circumstances, together with the names of the members present, shall be recorded in the minutes.
4. MEETINGS—MINUTES
4.1 Recording and Confirmation of Minutes
Minutes are to be kept of each meeting’s proceedings, confirmed or amended at the next Ordinary Meet-
ing of the Council and signed and certified by the person presiding.
5. ORDINARY MEETING—WHEN HELD AND ORDER OF BUSINESS
5.1 Ordinary Meetings—When Held
The Council shall resolve at the first meeting held after each ordinary elections day, the days and times
each month when Ordinary Meetings of the Council shall be held.
5.2 Ordinary Meeting—Order of Business
Unless otherwise decided by the Council, the order of business at any Ordinary Meeting of the Council
is to be as follows—
(a) Oath;
(b) Apologies and Leave of Absence;
(c) Public Question Time;
(d) Questions of Which Due Notice Has Been Given Without Discussion;
(e) Urgency Questions without Discussion;
(f) Confirmation of Minutes;
(g) Business Arising from Minutes Which Does Not Appear Subsequently in the Agenda;
(h) Disclosure of Members’ Financial Interests;
(i) Petitions & Memorials;
(j) Announcements by the President Without Discussion;
(k) Matters for Which Meeting May be Closed;
(l) Reports of Committees;
(m) CEO’s Report;
(n) Motions of Which Previous Notice Has Been Given;
(o) Notice of Motion for Consideration at the Following Meeting without Discussion.;
(p) Urgent Business Approved by the Presiding Member or By Decision of Council;
(q) Matters Behind Closed Doors;
(r) Date of Next Meeting;
(s) Closure;
5.3 Late Items
In cases of extreme urgency or other special circumstances, late items may, with the consent of the
President, or at the request of a majority of Councillors present, be read and dealt with.
5.4 Deputations
(1) A deputation wishing to be received by the Council or a Committee is to apply in writing to the CEO
who is to forward the written request to the President or Presiding Member as the case may be.
(2) If the President is of the opinion that the request for a deputation is one which should be brought
before the Council and if the Council makes a decision to that effect, the deputation is to be invited to
attend.
(3) If the Presiding Member of a Committee is of the opinion that the request for a deputation is one
which should be brought before the Committee and a simple majority of members is in agreement, the
deputation is to be invited to attend.
(4) A deputation invited to attend a Council or Committee meeting—
(a) is not to exceed five members, only two of whom may address the Council or Committee, al-
though others may respond to specific questions from the members; and
GOVERNMENT GAZETTE, WA [26 February 1998974
(b) is not to address the Council or Committee for a period exceeding 15 minutes without the
agreement of the Council or the Committee as the case requires;
(5) Any matter which is the subject of a deputation to the Council or a Committee is not to be further
considered by the Council or that Committee until the deputation has withdrawn.
6. MEETINGS—PUBLIC CONDUCT
6.1 Admission and Removal of the Public
(1) The public is admitted to Council Meetings on the basis that no expression of dissent or approval,
conversation or interruption to the proceedings of the Council shall take place. In the event of any such
interruption, the President may use discretion and without a vote of the Council, require those inter-
rupting to withdraw.
The person or persons concerned shall immediately withdraw from the meeting.
(2) Any person, not being a member of the Council, who interrupts the orderly conduct of the Council
who does not withdraw immediately upon being called by the President to withdraw from the meeting,
may, by order of the President, be removed from the meeting.
7. ROLE OF PRESIDENT
7.1 (1) At any meeting of the Council the President shall have the right to direct attention to any matter
of interest or relevance to the business of the meeting or propose a change to the order of business
(2) Any member may move that a change in order of business proposed by the President not be ac-
cepted and if carried by a majority of members present, the proposed change in order will not take place.
7.2 The President to Take Part in Debates
Subject to the provisions of these standing orders, the President may take part in a discussion upon any
question before the Council, provided that like other Councillors in accordance with these standing
orders, the President may only speak once and provided that this is done before the right of reply is
exercised.
7.3 Precedence of President
When the President rises during the progress of a debate, any member then speaking, or offering to
speak, shall immediately cease and every member present shall preserve strict silence so that the Presi-
dent may be heard without interruption. This clause should not be used by the President to exercise the
right provided in Clause 7.2, but should be used to preserve order.
7.4 Dissent With the President’s Ruling
A member may move a procedural motion to disagree with a ruling given by the President. The Presi-
dent must immediately call for a seconder and put the motion without debate.
8. CONDUCT OF MEMBERS
8.1 Member to Rise When Speaking
Every member of the Council desiring to speak shall rise in his place and address the President provided
that any member of the Council unable to conveniently stand by reason of sickness or infirmity, shall
under such circumstances, be permitted to sit while speaking.
It shall not be a requirement for the President to rise to address the Council.
8.2 Official Titles to be Used
Members shall speak of each other in the Council during the transaction of business by their respective
titles of President or Councillor. Members, in speaking of or addressing officers, shall designate them by
their respective official titles.
8.3 Debate—Maintenance of Order—Imputations—Offensive Expressions
No member may impute motives or use offensive or objectionable expressions in reference to any mem-
ber, officer of the Council, or any other person.
8.4 Demand for Withdrawal
If a member commits a breach of clause 8.3, the President, or the Council by resolution, may require that
member to withdraw unreservedly any offending comment and to make a satisfactory apology; and if the
member declines or neglects to do so, the President may direct such member to cease speaking, and may
call on the next speaker.
8.5 Members to Occupy Own Seats
(1) At the first Ordinary Meeting attended by a Councillor after election, the Chief Executive Officer
shall allot by random draw, a position at the Council table to each Councillor and the Councillor shall,
until such time as there is a call by a majority of Councillors for a re-allotment of positions, occupy that
position when present at meetings of the Council, except that the Deputy President shall be seated at
top left of the table as viewed from the President’s Chair.
(2) No Councillor shall be deemed to be present unless occupying that member’s allotted place within
the Council Chambers.
9. CONDUCT OF MEMBERS DURING DEBATE
9.1 Relevance
All members shall restrict remarks to the motion or amendment under discussion, or to an explanation
or point of order.
9.2 Limitation of Number of Speeches
No member shall address the Council more than once on any motion or amendment before the Council
except the mover of a substantive motion, in reply, or to a point of order, or in explanation.
GOVERNMENT GAZETTE, WA 97526 February 1998]
9.3 Limitation of Duration of Speeches
All addresses shall be limited to a maximum of five minutes. Extension of time is permissible only with
the agreement of the majority of members present.
9.4 Members Not to Interrupt
No member shall interrupt another member whilst speaking unless—
(a) to raise a point of order;
(b) to call attention to the absence of a quorum.
9.5 Members Not to Speak After Conclusion of Debate
No member of the Council or a Committee is to speak to any question after it has been put by the person
presiding.
9.6 Re-Opening Discussion on Decisions
No member of the Council or a Committee is to re-open discussion on any decision of the Council or
Committee, except for the purpose of moving that the decision be revoked or changed.
10. PROCEDURES FOR DEBATE OF MOTIONS
10.1 Unopposed Business
Upon a motion being moved, the President may ask the meeting if any member opposes it. If no one
signifies opposition to the motion or opposition to the motion being treated as unopposed business, the
President may declare the motion carried without debate and without taking a vote thereon.
Any motion declared carried under this Clause shall, for all purposes be deemed a resolution of the
If any member signifies opposition to a motion or to a motion being treated as unopposed business, the
motion shall be dealt with according to the following clauses.
10.2 To be Seconded
Except as provided by Clause 10.1, no motion or amendment to a substantive motion shall be in order, or
be open to debate until it has been seconded.
10.3 Only One Substantive Motion Considered
When a substantive motion is under debate at any meeting, no further substantive motion shall be
accepted.
10.4 Order of Call in Debate
The President will call speakers to a substantive motion in the following order
(a) the mover to state the motion;
(b) a seconder to the motion;
(c) the mover to speak to the motion;
(d) a speaker against the motion;
(e) a speaker for the motion;
(f) other speakers against and for the motion, alternating in view, if any—
(g) mover takes right of reply which closes debate.
10.5 Limit of Debate
The President may offer the right of reply and put the motion to the vote if the President believes
sufficient discussion has taken place even though all members may not have spoken.
11. PROCEDURAL MOTIONS
11.1 Permissable Procedural Motions
Subject to Clause 17.8, in addition to proposing a properly worded amendment to a substantive motion,
it is permissible for a member to move the following procedural motions—
(a) that the Council proceed to the next business;
(b) that the debate be adjourned;
(c) that the meeting adjourn;
(d) that the motion be now put;
(e) that the motion lie on the table;
(f) that the Council meet behind closed doors;
(g) that the question be referred to a Committee of the Council for consideration and report;
(h) that the member (Councillor)be no longer heard;
(i) the meeting be now closed;
11.2 Reason for Closure to be Stated
A member who moves a procedural motion under Clause 11.1(f) shall state the reason for moving the
motion and this must relate to a matter contained in Section 5.23(2) of the Act.
11.3 Procedural Motions Not Required in Writing
Procedural motions are not required to be presented in writing.
11.4 Procedural Motions—Recording in Minutes
The mover, seconder and result of all procedural motions shall be recorded in the minutes of the
meeting.
GOVERNMENT GAZETTE, WA [26 February 1998976
11.5 Procedural Motions—Majority Required
Any procedural motion shall be carried upon the majority of members present voting in the affirmative.
11.6 Procedural Motions—Closing Debate—Who May Move
No person who has moved, seconded, or spoken for or against the substantive motion, may move any
procedural motion which, once moved, would deny others the right to speak or, if carried, would close the
debate on the substantive motion or amendment.
11.7 Procedural Motions—Right of Reply on Substantive Motion
The carrying of a procedural motion which closes debate on the substantive motion or amendment and
forces a decision on the substantive motion or amendment will not deny the right of reply to the mover
of the substantive motion.
12. EFFECT OF PROCEDURAL MOTIONS
12.1 The Council Proceed to the Next Business
(1) A member may, at the conclusion of the speech of any other member move, without notice, that the
meeting proceed to the next business.
(2) On a motion that the meeting proceed to the next business, the mover may speak for not more than
five minutes, the seconder shall not speak other than formally to second, and no other debate shall be
allowed.
(3) During the course of the same motion, a second motion that the meeting do proceed with the next
business shall not be made within one hour after a similar motion has been negatived.
(4) When a motion is carried that the meeting proceed to the next business, the motion under discus-
sion shall be considered as lapsed, but if that motion was an amendment to a substantive motion, the
substantive motion shall then become the next item of business.
12.2 The Debate be Adjourned
(1) A member may, at the conclusion of the speech of another member move without previous notice
that the debate be adjourned to a later hour of the same meeting or to a subsequent meeting. The
member will be limited to speaking for five minutes.
(2) No discussion shall be allowed upon a motion for the adjournment of a debate.
(3) At the same meeting, a member shall not move or second more than one motion for adjourning of
the same debate.
(4) On a motion for the adjournment of a debate being carried, a record shall be taken of all those who
have spoken on the subject under debate and they shall not be permitted to speak on any resumption of
the debate on that subject, but this Local Law shall not deprive a mover of the original motion of the
right of reply.
(5) On resuming an adjourned debate, the member who moved its adjournment shall be entitled to
speak first.
12.3 The Meeting Adjourn
(1) A member may, at the conclusion of the speech of any other member or on the conclusion of any
business, move without notice that the meeting do now adjourn and that motion shall state the time and
date to which the meeting is to adjourn.
(2) On a motion to adjourn the mover may speak for not more than five minutes, the seconder shall not
speak other than formally to second and the mover of the motion (if any) which was then under debate
may speak for not more than five minutes, but no other debate shall be allowed.
(3) At the same meeting a member may not move or second more than one motion for the adjournment
of a meeting.
(4) Upon a motion for the adjournment of a meeting being carried, a record shall be taken of all those
who have spoken on the motion then under consideration and they shall not be permitted to speak on
any subsequent consideration of the same motion, but this Local Law shall not deprive a mover of the
original motion of the right of reply.
(5) Upon a motion to adjourn a meeting being carried, the Chairperson shall adjourn the meeting to
such time and date as the motion specifies, or where no time and date is specified, to such time and date
as the Chairperson shall then declare.
(6) If on any motion for adjournment of a meeting being put and negatived, the motion then under
consideration, or the next on the notice paper, or any other that may be allowed precedence, shall be
considered and put to the vote before any subsequent motion for adjournment shall be entertained.
(7) On a motion for the adjournment of the Meeting being carried, the debate on the motion (if any)
under debate when the motion was moved shall be continued immediately upon the meeting resuming.
12.4 The Motion be Now Put
(1) A member may, at the conclusion of the speech of any other member move without comment, that
the motion under consideration be now put.
(2) No discussion shall be allowed on a motion that the motion be now put.
(3) At the same meeting a member may not move or second more than one motion that the motion be
now put in relation to the same motion.
(4) When it is resolved by the Meeting that the motion under consideration be put, the mover of the
motion under consideration may speak in reply for not more than five minutes provided that at least one
member has spoken in opposition thereto.
GOVERNMENT GAZETTE, WA 97726 February 1998]
(5) A motion that the motion be now put shall relate only to the motion or amendment then before the
Meeting, and if carried in respect of an amendment shall not affect the debate on the substantive mo-
tion.
(6) When it is decided by the Meeting in regard to a motion that the motion be now put, the motion to
be so put includes the motion as well as any amendment thereto already carried by the Meeting.
(7) The Chairperson may refuse to accept a motion that the motion be now put where it would have the
effect of unfairly limiting debate before the principal arguments for and against the motion have been
presented.
12.5 The Motion Lie on the Table
(1) A member may, at the conclusion of the speech of any other member, move, without notice, that the
motion lie on the table.
(2) On a motion that the motion lie on the table, the mover may speak for not more than five minutes,
the seconder shall not speak other than formally to second, and no other debate shall be allowed.
(3) A member shall not, at the same meeting, move or second more than one motion for the laying of
the motion on the table.
(4) If a motion that the motion lie on the table is carried debate on that motion shall not be resumed
until a motion has been passed to take the motion from the table.
(5) On a motion for the laying of the motion on the table being carried, a record shall be taken of all
those who have spoken on the motion under debate and they shall not be permitted to speak on any
resumption of the debate on that motion, but this does not deprive the mover of the motion of the right
of reply.
(6) Any motion that was subject to a resolution that the motion lie on the table and not dealt with
subsequently at the same meeting, shall be included in the agenda for the next ordinary meeting.
(7) A member moving the taking of the motion from the table shall be entitled to speak first upon the
resumption of the debate thereon.
(8) A motion that the motion lie on the table shall not be moved in respect of the election the President
or Deputy President.
12.6 The Council Meet Behind Closed Doors
(1) A member may move at any time, notwithstanding that another member may be speaking to a
question then under debate, that the meeting sit behind closed doors. The reason for sitting behind
closed doors must be recorded in the minutes.
(2) On a motion that the meeting sit behind closed doors, the mover may speak for not more than five
minutes, the seconder shall not speak other than formally to second, and no other debate shall be al-
lowed.
(3) A member shall not, in respect of the same item of business, move or second more than one motion
that the meeting sit behind closed doors.
(4) Upon the carrying of a resolution to close a meeting to the public, the Chairperson shall direct all
persons, other than members and such employees as the meeting may resolve to permit to remain, to
leave the Council Chambers, and every such person shall forthwith comply with such direction.
(5) After the carrying of a resolution to close a meeting to the public, the business at that meeting shall
proceed behind closed doors until the Council by resolution decides to proceed with open doors.
(6) Any person who fails to comply with a direction made to leave the Council Chambers commits an
offence and may by order of the Chairperson be removed from the Council Chambers.
(7) Upon resuming with open doors the Chairperson shall read out the resolutions passed by the
Council whilst it was proceeding behind closed doors, and details of any voting recorded.
12.7 That the Question be Referred to a Committee of the Council
(1) This motion having been carried will cause the debate to cease immediately and for the substan-
tive motion with any amendment to be referred to the next meeting of the nominated Committee. The
meeting will proceed to the next order of business.
(2) The motion being lost will allow debate to continue.
(3) On a motion that the question be referred to a Committee, the mover may speak for not more than
5 minutes, the seconder shall not speak other than formally to second, and the mover of the motion (if
any) which was then under debate may speak for no more than 5 minutes, but no other debate shall be
allowed.
12.8 That the Member (Councillor) No Longer be Heard
This motion, having been carried, will cause the person presiding to not allow the speaker against whom
the motion has been moved, to speak to the current substantive motion or any amendment relating to it
except to exercise the right of reply if the person is the mover of the substantive motion.
No discussion will be allowed on the motion that the member no longer is heard.
12.9 The Meeting be Now Closed
(1) A member may, after the debate and voting on any motion has been concluded move, without
notice, that the meeting be now closed.
(2) The mover, seconder, and any other member wishing to speak on a motion that the meeting be now
closed, may so speak for not more than five minutes.
(3) On a motion that the meeting be now closed being carried, the Chairperson shall forthwith close
the meeting, and no further business may be transacted. Any business outstanding on the notice paper
for that meeting shall be carried forward to the notice paper for the next ordinary meeting of the
GOVERNMENT GAZETTE, WA [26 February 1998978
13. DECISION MAKING PROCEDURES
13.1 Voting and Decisions—Majority to Determine
All acts of the Council, and all questions coming before the Council, may be decided by a simple majority
of the members present and voting at a properly constituted meeting, unless otherwise provided in the
Act, Regulations, or the Standing Orders.
13.2 Breaking Down of Complex Questions
The President may order a complex question to be broken down and put in the form of several motions,
which shall be put in sequence. Amendments may be proposed to a motion, but whenever any amend-
ment is made upon a substantive motion, no second or subsequent amendment shall be moved or consid-
ered until the first amendment has been disposed of.
13.3 Order of Amendments
Any number of amendments may be proposed to a motion, but whenever any amendment is made upon
a substantive motion, no second or subsequent amendment shall be moved or considered until the first
amendment has been disposed of.
13.4 Nature of Amendments
An amendment to a substantive motion shall take one or more of the following forms—
(a) that certain words be omitted therefrom;
(b) that certain words be omitted and others substituted;
(c) that words be added.
13.5 Substantive Motion
If an amendment to a substantive motion is carried, the motion as amended shall then be submitted as
the substantive motion, and shall become the question before the meeting upon which any member may
speak and any further amendment may be moved.
13.6 Consent of Seconder Required to Accept Alteration of Wording
The mover of a substantive motion may not alter the wording of the motion without the consent of the
seconder.
13.7 Withdrawal of Motion and Amendments
Council may, without debate, grant leave to withdraw a motion or amendment upon request of the
mover of the motion or amendment, and with the approval of the seconder, provided that there is no
voice expressed to the contrary view by any member, in which case discussion on the motion or amend-
ment shall not continue.
13.8 Limitation of Withdrawal
Where an amendment has been proposed to a substantive motion, the substantive motion shall not be
withdrawn, except by consent of the majority of members present, until the amendment proposed has
been withdrawn or lost.
13.9 Authority for Withdrawal
A motion or amendment to a motion shall not be withdrawn in the absence of any member who proposed
it, except with that member’s written authority.
13.10 Right of Reply
(1) The mover of a substantive motion shall have the right of reply. After the mover of the substantive
motion has commenced the reply, no other member shall speak on the question.
(2) The right of reply must be confined to rebutting arguments raised by previous speakers and no new
matter may be introduced.
13.11 Right of Reply Provisions
The right of reply shall be governed by the following provisions—
(a) If there is no amendment to the substantive motion, the mover may reply at the conclusion of
the discussion on the motion.;
(b) If there is an amendment, the mover of the substantive motion shall take the right of reply at
the conclusion of the vote on any amendments;
(c) The mover of the amendment does not have a right of reply;
(d) Once the right of reply has been taken, there can be no further discussion, nor any other amend-
ment and the substantive motion as amended is immediately put to the vote;
13.12 Amendments Must Not Negate Original Motion
No amendment to a motion can be moved which negates the original motion or the intent of the original
motion.
13.13 Mover of Motion Not to Speak on Amendment
On an amendment being moved, any member may speak to the amendment, except the person who
moved the substantive motion who is only entitled to a right of reply on the substantive motion except,
that if the person who moved the substantive motion does choose to speak to the amendment, that
person’s right of reply is forfeited.
13.14 Question—When Put
When the debate upon any question is concluded and the right of reply has been exercised, the President
shall immediately put the question and, if so desired by any member, shall again state it.
GOVERNMENT GAZETTE, WA 97926 February 1998]
13.15 Method of Taking Vote
(1) In putting the question to the Council, the President shall ask whether there is any objection to the
motion, and if not the motion is carried unanimously.
(2) If objection is raised to the motion, the President shall put the question as often as necessary to
determine the decision from a show of hands before declaring the decision.
(3) If any motion for the approval of any matter is decided in the negative, then the matter is deemed
to have been refused. A separate motion may then be moved giving reason for refusal.
(4) If any motion for the refusal of any matter is decided in the negative, then a separate motion for
approval is needed to authorise any action to be taken.
14. POINTS OF ORDER
14.1 Points of Order—When to Raise—Procedure
Upon a matter of order arising during the progress of a debate, any member may raise a point of order
including interrupting the speaker. Any member who is speaking when a point of order is raised, shall
immediately cease while the President listens to the point of order.
14.2 Points of Order—Definitions
A difference of opinion or a contradiction of a speaker shall not be recognised as a point of order, but the
following shall be recognised as valid points of order—
(a) That the discussion is of a question not before the meeting;
(b) That offensive or insulting language is being used;
(c) Drawing attention to the violation of any Local Law or Standing Order of the Council, provid-
ing that the member raising the point of order shall state the Local Law or Standing Order
believed to be breached;
14.3 Points of Order—Ruling
The President shall give a decision on any point of order after the point has been raised by either uphold-
ing or rejecting the point of order.
14.4 Points of Order—Ruling Conclusive, Unless Dissent Motion is Moved
The ruling of the President upon any question of order shall be final, unless a majority of the members
support a motion of dissent with the ruling.
14.5 Points of Order—Motion Against Ruling Procedure
An objection having been taken to the ruling of the President, the member so objecting may immediately
move dissent with the ruling. Should the motion be seconded it shall be put to the vote immediately and
the result of the vote, whether in support of the ruling or otherwise, shall determine the action to be
taken.
14.6 Points of Order Take Precedence
Notwithstanding anything contained in these Standing Orders to the contrary, all points of order take
precedence over any other discussion and until decided, suspend the consideration and decision of every
other question.
15. ADJOURNMENT OF MEETING
15.1 Meeting May be Adjourned
The Council may, upon a motion moved and seconded, adjourn any meeting to a later hour of the same
day, or to any other time not more than seven days from the date of adjournment.
15.2 Notice of Adjourned Meeting
When a meeting is adjourned, if time permits, notice of the adjourned meeting shall be forwarded to
each member in accordance with the Act.
15.3 Business at Adjourned Meeting
At an adjourned meeting, no additional business shall be discussed except that which was on the origi-
nal notice paper for that meeting.
15.4 Unopposed Business—Motion for Adjournment of Council
On a motion for the adjournment of the Council, the President, before putting the motion, may seek
leave of the Council to proceed to the transaction of unopposed business.
15.5 Withdrawal of Motion for Adjournment of Council
A motion or an amendment relating to the adjournment of the Council may be withdrawn by the mover,
with the consent of the seconder, except that if any member objects to the withdrawal the motion must
continue to be debated.
16. PERSONAL EXPLANATION
16.1 Personal Explanation
No member shall speak, except upon the question before the meeting, unless it is to make a personal
explanation. Any member who is permitted to speak under these circumstances must confine the obser-
vations to a succinct statement of what is to be explained in relation to a specific part of the former
speech which may have been misunderstood and to the explanation itself. When a member gives an
explanation, that member shall make no reference to matters not strictly necessary for that purpose, nor
endeavour to strengthen the former position by introducing new argument or matter, nor reply to other
members of the Council.
GOVERNMENT GAZETTE, WA [26 February 1998980
16.2 Personal Explanation—When Heard
A member wishing to make a personal explanation of matters referred to by any member then speaking
shall be entitled to be heard forthwith, if the member then speaking consents at the time, but if the
member who is speaking declines to give way, the explanation must be offered at the conclusion of that
speech.
16.3 Ruling on Questions of Personal Explanation
The ruling of the President on the admissibility of a personal explanation shall be final unless a motion
of dissent with the ruling is moved before any other business proceeds.
17. COMMITTEES OF COUNCIL
17.1 Appointment of Committees
A Committee shall not be appointed except on a motion setting out
(a) the powers and duties proposed to be entrusted to such Committee, and
(b) the names of the Council members, employees and other persons to constitute the Committee
or;
(c) the number of members intended to constitute the Committee and a provision that they be
appointed by a separate motion.
17.2 Election of Committee Presiding Member and Deputy Presiding Member
At the first meeting of a Committee, a Presiding Member and a Deputy Presiding Member shall be
elected.
17.3 Absence from Committee Meetings
If any member of a Committee, other than the President, is absent from three consecutive meetings
without having obtained leave of absence from the Council or the Committee, that member’s seat on the
Committee shall become vacant.
17.4 Items to be Numbered
The minutes of every Committee shall be divided into items which shall be numbered consecutively.
17.5 Reports of Committees to be Taken as Read
(1) The reports and recommendations of every Committee shall, when presented to the Council, be
taken as read.
(2) The adoption of recommendations of the Committee shall be moved by—
(a) the Presiding Member of each Committee;
(b) or if absent, another member of the Committee;
(c) or if no member of the Committee is present, a member of the Council;
17.6 Procedure of Report of Committees
(1) Upon the consideration by the Council of any report or recommendations of a Committee, the
President shall, without further motion, put the paragraphs of the report or recommendations, in their
numerical order, unless the Council shall otherwise determine.
(2) Each item adopted by the Council shall become a resolution of the Council and shall be recorded in
the minutes.
17.7 Withdrawal, Correction and Amendments of Committees
(1) In moving the adoption of a recommendation of any Committee, the mover may not propose an
amendment to any recommendation, except for the correction of a verbal or clerical error.
(2) The Presiding Member of a Committee, may be excused from moving the
adoption if the Presiding Member wishes to move an amendment to it. In that case, another member of
the Committee or in the absence of a member of the Committee, another member of the Council may
move the adoption of the recommendation.
(3) The Presiding Member or other member of a Committee bringing up a recommendation may, with
the consent of the Council, withdraw the recommendation.
17.8 Permissable Motions on Recommendations from a Committee
(1) A recommendation made by or contained in a report of a Committee may be—
(a) adopted by the Council without amendment or modification;
(b) rejected by the Council in its entirety;
(c) subject to Sub Section 13.12 and 17.11, amended or modified and adopted with such amend-
ments or modifications;
(d) referred back to the Committee for further consideration in accordance with paragraph (2)
hereof;
(2) A Member may at the conclusion of the speech of any other Member move without notice that the
question or part thereof be referred back to the Committee.
(3) On a motion referred to in paragraph (2)—
(a) the mover may speak for not more than five minutes;
(b) the seconder is not to speak other than to formally second the motion;
(c) no other debate is to be allowed;
(4) Where part of the recommendation is referred back to the Committee, the balance of the recom-
mendation is to be dealt with otherwise in accordance with this sub section.
GOVERNMENT GAZETTE, WA 98126 February 1998]
(5) Where any matter is still under consideration by a Committee, that Committee may report to the
Council for information purposes only and not for decision by the Council.
17.9 Reports of Committees—Questions
When a recommendation of any Committee of the Council is submitted for adoption, any member of the
Council may direct questions directly relating to the recommendation through the President, to the
Presiding Member or any member of the Committee bringing up the recommendation.
17.10 Procedure on Amendments on Reports of the Committees
When an amendment is proposed with reference to the adoption or otherwise of any recommendation of
any Committee, the amendment shall be disposed of before the other proceedings of the Committee are
considered.
17.11 Non-Related Motions on Reports of Committees
A member of the Council may not move any motion on any report or recommendation of any Committee
which does not relate to the recommendations presented by the Committee.
17.12 Recommendations of Committees—Inspection of Plans
All plans referred to in the recommendation of the Committee, and that may require the consideration of
the Council, shall lay on the table of the Council Chamber for the inspection of members of the Council
at the meeting at which the matter is being considered.
17.13 Committee Procedure
Each Committee shall, subject to the Act, Regulations, these Standing Orders and any policy made by
the Council, regulate its own procedure.
17.14 Rights and Responsibilities of Councillors who are not Committee Members
Councillors who are not members of a Committee may participate in the meeting only at the Invitation
of the Presiding Member but they are not entitled to vote.
17.15 Standing Orders to Apply to Committees
(1) These Standing Orders shall apply generally to the proceedings of Committees of the Council,
except that the following Clauses shall not apply to meetings of Committees—Clauses 2.1, 7.2, 8.1, 8.6,
9.2, 13.13, 15.2, 17.1 and 17.5 to 17.11 inclusive.
(2) In the case of Clauses not excluded by subClause (1) above, a reference to a Council meeting shall
be read as a reference to a Committee meeting, a reference to the Council shall be read as a reference to
a Committee, and a reference to President shall be read as a reference to Presiding Member.
18. DISCLOSURE OF FINANCIAL INTERESTS
18.1 Members’ Interests to be Disclosed
A member who has an interest in any matter to be discussed at a Council or Committee meeting that
will be attended by the member must disclose the nature of the interest—
(a) in a written notice given to the CEO before the meeting; or
(b) at the meeting immediately before the matter is discussed.
18.2 Separation of Committee Recommendations
Where a member has disclosed an interest in a matter, at a Committee meeting, and the matter is
contained in the recommendations of the Committee to an ordinary meeting of Council or to another
Committee of the Council, the recommendation concerned is to be separated on the agenda of that
ordinary meeting or other Committee meeting, from other recommendations of the Committee, to enable
the member concerned to declare the interest and leave the room prior to consideration of that matter
only.
18.3 Member with an Interest to Leave
Subject to 18.4 and 18.5, a member who has disclosed the nature of an interest in a matter is to leave the
room when the matter arises for consideration or when invited to do so.
18.4 Member with an Interest May Ask to be Present
(1) Where a member has disclosed the nature of his or her interest in a matter, immediately before the
matter is considered by the meeting, he or she may, without disclosing the extent of the interest, request
that he or she be allowed to be present during any discussion or decision making procedure related to the
matter.
(2) If such a request is made, the member must leave the room while the request is considered. If the
request is allowed by the members, the member may return to the meeting and be present during the
discussion or decision making procedure related to that matter, but is not permitted to participate in
any way.
18.5 Member with an Interest may ask Permission to Participate
(1) A member who discloses both the nature and extent of an interest, may request permission and
take part in the consideration or discussion of the matter, or to vote on the matter.
(2) If such a request is made, the member must leave the room while the request is considered. If it is
decided at a meeting that a member who has disclosed both the nature and extent of an interest in a
matter, be permitted to participate in the consideration and discussion of the matter or to vote on the
matter, or both, then the member may return to participate to the extent permitted.
18.6 Invitation to Return to Provide Information
Where a member has disclosed an interest in a matter and has left the room in accordance with the Act,
the meeting may resolve to invite the member to return to provide information in respect of the matter
or in respect of the member’s interest in the matter and in such case the member is to withdraw after
providing the information.
GOVERNMENT GAZETTE, WA [26 February 1998982
18.7 Declaration of Due Consideration
Any member who is not familiar with the substance of any report or minutes or other information
provided for consideration at a meeting is to declare that fact before the meeting considers the matter
and in the event that any member makes such a declaration the relevant matter is to be stood down for
later consideration at the meeting so as to allow an opportunity for any member making a declaration to
become familiar with the relevant report or minutes or other information. If the delay in consideration
of the matter has not allowed sufficient time for the member to give due consideration to the matter, the
member should leave the room before any question concerning the matter is put to the vote.
18.8 Disclosures by Employees
(1) If an employee within the meaning of Section 5.70 of the Act, presents a written report to a meet-
ing, on a matter in which the employee has an interest, the nature of the interest is to be disclosed at the
commencement of the report.
(2) If such an employee makes a verbal report to a meeting on a matter in which the employee has an
interest, the employee is to preface his or her advice to the meeting by verbally disclosing the nature of
the interest.
19. REVOKING OR CHANGING DECISIONS
19.1 Revoking Decisions—When this Can Occur
A decision may be revoked or changed at the same meeting at which it was made if—
(1) (a) at least one third of the number of offices (whether vacant or not) of members of the Council
or Committee support the motion to revoke or change the decision;
(b) the member who proposes the revocation or change of the decision—
(i) clearly identifies the decision to be revoked or changed and;
(ii) clearly states the reason for seeking the revocation or change;
(c) the motion to revoke or change the decision is carried—
(i) in the case where the decision to be revoked or changed was required to be carried by
an absolute majority or by a special majority, by that kind of majority; or
(ii) in any other case by an absolute majority;
(2) A decision may be revoked or changed at a meeting other than the one at which it was originally
made if—
(a) The motion to revoke or change the decision is supported—
(i) in the case where an attempt to revoke or change the decision has been made within
the previous 3 months but had failed, by an absolute majority; or
(ii) in any other case, by at least one third of the number of offices (whether vacant or not)
of members of the Council or Committee;
(b) the member who proposes the revocation or change of the decision—
(i) clearly identifies the decision to be revoked or changed; and
(ii) clearly states the reason for seeking the revocation or change;
(c) the motion to revoke or change the decision is carried—
(i) in the case where the decision to be revoked or changed was required to be carried by
an absolute majority or by a special majority, by that kind of majority; or
(ii) in any other case, by an absolute majority;
19.2 Implementation of a Decision
(1) If a notice of motion to revoke or change a decision of the Council or a Committee is received by the
CEO before any action has been taken to implement that decision, then no steps are to be taken to
implement or give effect to that decision until such time as the motion of revocation has been dealt with.
(2) The Council or a Committee shall not entertain a motion for revocation or change of a decision of
the Council or the Committee whether the motion of revocation or change is moved with or without
notice, if at the time the motion is moved or notice is given—
(a) action has been taken to implement the decision; or
(b) where the decision concerns the issue of an approval or the authorisation of a licence, permit or
certificate, and where that approval or authorisation of a licence, permit or certificate has been
put into effect by the Council in writing to the applicant or the applicant’s agent by an employee
of the Council authorised to do so;
unless there is a statement of impact of the legal and financial consequences of accepting and carrying
a motion of revocation or change.
19.3 Motion to Change Having Effect of Revocation
This Clause does not apply to the change of a decision unless the effect of the change would be that the
decision would be revoked or would become substantially different.
20. Administrative Matters
20.1 Suspension of Standing Orders
(a) The mover of a motion to suspend any Standing Order or Orders shall state the Standing Order
or Orders to be suspended.
(b) A motion to suspend, temporarily, any one or more of the Standing Orders regulating the pro-
ceedings and business of the Council or a Committee must be seconded, but the motion need
not be presented in writing.
GOVERNMENT GAZETTE, WA 98326 February 1998]
20.2 Cases Not Provided for in Standing Orders
The President shall decide all questions of order, procedure, debate or otherwise in respect of which no
provisions of insufficient provision is made in these Local Laws.
The decisions of the President in all such cases shall be final in each particular case unless a majority of
the members then present shall on motion made forthwith without discussion dissent therefrom.
20.3 Penalty for Breach of Standing Orders
Any person guilty of any breach of these Standing Orders or any of the provisions hereof, shall be liable
to a penalty not exceeding $1,000.00.
20.4 Duty of Chief Executive Officer
It is the duty of the Chief Executive Officer to draw the attention of the Council to any breach or likely
breach of these Standing Orders even if it requires interrupting any person speaking, including the
President.
20.5 Confidentiality
(1) Every matter dealt with by, or brought before a meeting sitting behind closed doors, shall be treated
as strictly confidential, and shall not without the authority of the Council be disclosed to any person
other than the President, members or the officers or employees of the Shire (and in the case of officers
and employees only so far as may be necessary for the performance of their duties) prior to the discus-
sion of that matter at a meeting of the Council held with open doors. Nothing herein shall prevent the
CEO from recording the business conducted at the meeting in the Minute Book.
(2) All documents of the Local Government, whether brought before the Council or a Committee of the
Council or not, that are marked ‘CONFIDENTIAL’ or ‘NOT FOR PUBLICATION’ at the head therefore,
are confidential to the Council, and shall not be published, copied or reproduced, in whole or in part, in
any manner whatsoever without the express permission of the Council or the CEO.
(3) A person who contravenes the provisions of the preceding Clause commits an offence.
20.6 Meetings of Electors
These Standing Orders Local Laws shall so far as is practicable, apply to all meetings of Electors held
pursuant to the Act.
A person who is not an elector may not take any part in any discussion at that meeting, unless the
meeting, by a motion so permits, but that person is not entitled to vote.
The Common Seal of the SHIRE OF CARNARVON was hereunto affixed by a a resolution of the Council
in the presence of—
GOVERNMENT GAZETTE, WA [26 February 1998984
LOCAL LAWS RELATING TO ADVERTISING DEVICES
Under the powers conferred upon it by the Local Government Act 1995 and by all other powers, the
Council of the Shire of Carnarvon hereby records having resolved to make the following Local Laws on
the 26th day of November 1997.
PART 1—PRELIMINARY
1.0 Revocation
The following Local Laws are revoked—
The By-Laws relating to Advertising Devices published in the Government Gazette of 18 March
1994 and as amended in the Government Gazette on 31 December 1996.
1.1 Citation
These Local Laws may be cited as the Shire of Carnarvon Local Laws Relating to Advertising Devices.
1.2 Interpretation
In these Local Laws, unless the context otherwise requires—
“Act” means the Local Government Act 1995 (as amended)
“Advertising Device” means any object on which words, motifs or numerals are written, placed,
affixed or painted for the purpose of advertising any business, function, operation, event or
undertaking or any product or thing whatsoever, and includes any vehicle or trailer or other
similar stationary object placed or located so as to serve the purpose of advertising any busi-
ness, function, event, product, or undertaking and includes any sign, hoarding, bills, placards
and other devices, structures or things as prescribed in the Act or these Local Laws.
“Animated Sign” means any sign which moves or is capable thereof or contains moving parts or
which changes or alters its messages, flashes on and off, chases, scintillates or has a moving
flashing or scintillating border or emblem and includes an advertisement light display but does
not include a flashing beacon sign.
“Authorised Person” means in respect of a particular function to be performed under these Local
Laws an employee of the Shire of Carnarvon authorised by the Council to perform that function.
“Bill Posting” means the sticking or posting of any bill, or painting, stencilling, placing, or affixing of
any advertisement on any building, structure, fence, wall, hoarding, signpost, pole, blind, or
awning or on any rock or other like place or thing so as to be visible to any person in a thorough-
fare, public place, reserve or other land, and bill post has a like meaning.
“Council” means the Council of the Shire of Carnarvon.
“Development Sign” means a sign or signs erected on an area of land which has been approved for
subdivision into a number of smaller lots, advertising the lots for sale but upon which no build-
ing development has taken place at the time of approval of the sign(s).
“Direction Sign” means a sign erected in a street or public place to indicate the direction to another
place but does not include any such sign erected or affixed by the Council or the Commissioner
of Main Roads or a road direction sign erected or affixed by a duly incorporated association or
union of motorists authorised in that regard by the Minister for the time being administering
the Traffic Act.
“Display Home Sign” means a sign erected on a lot on which a display home is erected.
“Election Sign” means a sign erected in a thoroughfare, public place or on private property for a
limited period and for the sole purpose of an election of candidates in Commonwealth, State or
Local Government elections.
“Fly Posting” without limiting the generality of the provisions in these Local Laws relating to bill
posting means advertising by means of more than one poster placed on fences, walls, trees,
rocks, and any like places, or things without authority and fly post has a like meaning.
“Hoarding” means a detached or detachable structure other than a pylon sign that is erected for the
sole purpose of displaying a sign or signs and does not include a hoarding within the meaning of
Section 377 of the Local Government (Miscellaneous Provisions) Act, but shall include a poster
panel, wall panel or an illuminated panel.
“Horizontal Sign” means an Advertising Device fixed parallel to the wall of a building to which it is
attached with its largest dimension horizontal.
“Illuminated Panel” means a posted or painted advertisement externally illuminated by an artifi-
cial source of light.
“Illuminated Sign” means an Advertising Device that is so arranged as to be capable of being lighted
either from within or without the Advertising Device by artificial light provided, or mainly
provided for that purpose.
GOVERNMENT GAZETTE, WA 98526 February 1998]
“Information Panel” means a panel used for displaying Government and Local Government notices,
functional and dated announcements of a religions, educational, cultural, recreational or simi-
lar character, general information for the benefit of the public and travellers and general com-
mercial advertising.
“Institutional Sign” means a sign erected or placed on any land or building used for or in connection
with a surgery, clinic, hospital, rest home, home for the aged, or other institution or place of a
similar nature.
“Licence” means a licence issued by the Local Government in accordance with the requirements of
“Other Sign” means any other type of advertisement not specifically defined in these Local Laws.
“Portable Sign” is an Advertising Device and means an unfixed free standing sign.
“Projection Sign” means a sign that is made by the projection of light on a wall or similar structure.
“Pylon Sign” means an Advertising Device supported by one or more piers and not attached to a
building and includes a detached sign framework supported on one or more piers to which sign
infills may be added.
“Roof Sign” means an Advertising Device erected on the roof of a building.
“Rural Producer’s Sign” means a sign erected on land zoned for horticultural purposes and which
advertises goods or products produced, grown or lawfully manufactured upon the land within
the boundaries of which the sign is located and includes the property owners name.
“Sale Sign” means a sign indicating that the premises whereon it is affixed are for sale, for letting or
to be auctioned.
“Sandwich Board Sign” means a free standing double sided sign forming an “A” frame shape being
of a portable type.
“Semaphore Sign” means an Advertising Device affixed and supported at, or by one of its ends only.
“Sign” includes a signboard, portable sign, horizontal sign, illuminated sign, institutional sign, py-
lon sign, roof sign, sale sign or any other sign or Advertising Device as prescribed in these Local
“Sign Infill” means a panel which can be fitted into a pylon sign framework.
“Tower Sign” means an Advertising Device affixed to or placed on a chimney stack or an open struc-
tural mast or tower.
“Verandah” for the purpose of these Local Laws, includes cantilever awnings, cantilever verandahs
and balconies whether over public thoroughfares or over private land.
“Verandah Sign” means an Advertising Device above, on or under verandahs.
“Vertical Sign” means an Advertising Device attached to a building in which the vertical dimension
exceeds the horizontal dimension exclusive of the back projection.
“Wall Panel” means a panel used for displaying a posted or painted advertisement; it is affixed to or
adjoining the wall of business premises or erected on the forecourt of such business premises.
“Wall Sign” is an Advertising Device and means a sign painted on or directly affixed to the fabric of
a wall.
1.3 Application of these Local Laws
(1) These Local Laws apply to the whole of the district of the Shire of Carnarvon.
(2) All Advertising Devices, unless otherwise exempt under clause 1.4 of these Local Laws, are to be
constructed, erected and maintained in accordance with the provisions of these Local Laws.
1.4 Exempt Advertising Devices
These Local Laws do not apply in the case of the following Advertising Devices—
(a) an Advertising Device erected or maintained pursuant to any Act having operation within the
State;
(b) a ‘for sale’ sign not exceeding 1sq.m. in area for sale of that property upon which the sign is
erected;
(c) a plate not exceeding 1sq.m. in area erected or affixed on or between the street alignment and
the building line to indicate the name and occupation or profession of the occupier of the premises;
(d) Advertising Devices for use solely for the direction and/or control of people, animals and/or
vehicles or to indicate the name and/or street number of a premises, providing the area of any
such sign does not exceed 1sq.m. in area;
(e) advertisements affixed to or painted on a shop window by the occupier thereof and relating to
the business carried on therein;
(f) Advertising Devices within a building unless such signs are deemed to be objectional by
Council;
(g) Advertising Devices not larger than 1sq.m. in area on advertising pillars or panels approved by
or with the consent of Council for the purpose of displaying public notices for information;
(h) building name signs on residential flats or home units not exceeding 1sq.m. in area;
(i) for businesses selling newspapers, Advertising Devices of the newspaper headline type,
provided such Advertising Devices are secured flat against the wall of the premises.
GOVERNMENT GAZETTE, WA [26 February 1998986
PART 2—LICENSING