Meeting Procedures Local Laws 2018
!2018077GG! 1711 ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041 PERTH, FRIDAY, 25 MAY 2018 No. 77 SPECIAL PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 1.00 PM © STATE OF WESTERN AUSTRALIA WESTERN AUSTRALIAN GOVERNMENT LOCAL GOVERNMENT ACT 1995
TOWN OF CLAREMONT ——————————— MEETING PROCEDURES LOCAL LAW 2018
25 May 2018 GOVERNMENT GAZETTE, WA 1713 LOCAL GOVERNMENT ACT 1995 TOWN OF CLAREMONT MEETING PROCEDURES LOCAL LAW 2018 TABLE OF CONTENTS PART 1—PRELIMINARY 1.1 Citation 1.2 Commencement 1.3 Application and intent 1.4 Interpretation 1.5 Repeal 1.6 Provisions of the Act, Regulations and other legislation PART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES 2.1 Establishment of committees 2.2 Types of committees 2.3 Delegation of some powers and duties to certain committees 2.4 Limits on delegation of powers and duties to certain committee 2.5 Appointment of committee members 2.6 Tenure of committee membership 2.7 Resignation of committee members 2.8 Register of delegations to committees 2.9 Committees to report PART 3—CALLING AND CONVENING MEETINGS 3.1 Ordinary and special Council meetings 3.2 Calling Council meetings 3.3 Convening Council meetings 3.4 Public notice of meetings PART 4—PRESIDING MEMBER AND QUORUM Division 1—Who presides 4.1 Who presides 4.2 When the Deputy Mayor can act 4.3 Who acts if no Mayor 4.4 Election of Presiding Members of committees 4.5 Election of Deputy Presiding Members of committees 4.6 Functions of Deputy Presiding Members 4.7 Who acts if no Presiding Member Division 2—Quorum 4.8 Quorum for meetings 4.9 Reduction of quorum for Council meetings 4.10 Reduction of Quorum for committee meetings 4.11 Procedure where no quorum to begin a meeting 4.12 Procedure where quorum not present during a meeting 4.13 Names to be recorded
1714 GOVERNMENT GAZETTE, WA 25 May 2018 PART 5—BUSINESS OF A MEETING 5.1 Business to be specified 5.2 Order of business 5.3 Motions of which previous notice has been given 5.4 New business of an urgent nature 5.5 Adoption by exception resolution PART 6—PUBLIC PARTICIPATION 6.1 Meetings generally open to the public 6.2 Meetings not open to the public 6.3 Public question time 6.4 Public question time at certain meetings 6.5 Minimum question time for the public 6.6 Procedures for public question time 6.7 Public statement time 6.8 Distinguished visitors 6.9 Deputations 6.10 Petitions 6.11 Presentations 6.12 Participation at committee meetings 6.13 Council may meet to hear public submissions 6.14 Public inspection of agenda materials 6.15 Confidentiality of information withheld 6.16 Recording of proceedings 6.17 Prevention of disturbance PART 7—CONDUCT OF MEMBERS 7.1 Members to be in their proper places 7.2 Respect to the Presiding Member 7.3 Titles to be used 7.4 Advice of entry or departure 7.5 Members to indicate their intention to speak 7.6 Priority of speaking 7.7 Presiding Member may take part in debates 7.8 Relevance 7.9 Speaking twice 7.10 Duration of speeches 7.11 No speaking after conclusion of debate 7.12 No interruption 7.13 Personal explanations 7.14 No re-opening of discussion 7.15 Adverse reflection 7.16 Withdrawal of offensive language PART 8—PRESERVING ORDER 8.1 Presiding Member to preserve order 8.2 Point of order 8.3 Procedures on a point of order 8.4 Calling attention to breach 8.5 Ruling by the Presiding Member 8.6 Continued breach of order 8.7 Right of Presiding Member to adjourn PART 9—DEBATE OF SUBSTANTIVE MOTIONS 9.1 Motions to be stated and in writing 9.2 Motions to be supported 9.3 Only one substantive motion at a time 9.4 Order of call in debate 9.5 Limit of debate 9.6 Member may require question to be read 9.7 Consent of seconder required for alteration 9.8 Order of amendments 9.9 Form of an amendment 9.10 Amendment must not negate original motion
25 May 2018 GOVERNMENT GAZETTE, WA 1715 9.11 Relevance of amendments 9.12 Mover of motion may speak on amendment 9.13 Effect of an amendment 9.14 Withdrawal of motion or amendment 9.15 Right of reply PART 10—PROCEDURAL MOTIONS 10.1 Permissible procedural motions 10.2 No debate 10.3 Who may move 10.4 Procedural motions—right of reply on substantive motion 10.5 Motion be deferred 10.6 Meeting now adjourn 10.7 Motion to be put 10.8 Ruling of the Presiding Member to be disagreed with PART 11—DISCLOSURE OF INTERESTS 11.1 Disclosure of Interests PART 12—VOTING 12.1 Motion—when put 12.2 Voting 12.3 Majorities required for decisions 12.4 Method of taking vote PART 13—MINUTES OF MEETINGS 13.1 Keeping of minutes 13.2 Content of minutes 13.3 Public inspection of unconfirmed minutes 13.4 Confirmation of minutes PART 14—ADJOURNMENT OF MEETING 14.1 Meeting may be adjourned 14.2 Effect of adjournment PART 15—REVOKING OR CHANGING DECISIONS 15.1 Requirements to revoke or change decisions 15.2 Implementing a decision PART 16—SUSPENSION OF LOCAL LAWS 16.1 Suspension of Local Laws 16.2 Where Local Laws do not apply 16.3 Cases not provided for in Local Laws PART 17—MEETING OF ELECTORS 17.1 Electors’ general meeting 17.2 Matters for discussion at Electors’ general meetings 17.3 Electors’ special meetings 17.4 Requests for Electors’ special meetings 17.5 Convening Electors’ meetings 17.6 Who presides at Electors’ meetings 17.7 Procedure for Electors’ meetings 17.8 Participation of non-Electors 17.9 Voting at Electors’ meetings 17.10 Minutes of Electors’ meetings 17.11 Decisions made at Electors’ meetings PART 18—ENFORCEMENT 18.1 Penalty for breach 18.2 Who can prosecute
25 May 2018 GOVERNMENT GAZETTE, WA 1717 LOCAL GOVERNMENT ACT 1995 TOWN OF CLAREMONT MEETING PROCEDURES LOCAL LAW 2018 Under the powers conferred by the Local Government Act 1995 and under all other relevant powers, the Town of Claremont resolved on 15 May 2018 to make the following Local Law. PART 1—PRELIMINARY 1.1 Citation (1) This may be cited as the Town of Claremont Meeting Procedures Local Law 2018. 1.2 Commencement By virtue of section 3.14 of the Act, this local law comes into operation 14 days after the date of their publication in the Government Gazette. 1.3 Application and intent (1) This local law provides rules and guidelines which apply to the conduct of meetings of Council and its committees and to meetings of electors. (2) All meetings are to be conducted in accordance with the Act, the Regulations and this local law. (3) This local law is intended to result in— (a) better decision-making by the Council and committees; (b) the orderly conduct of meetings dealing with Council business; (c) better understanding of the process of conducting meetings; and (d) the more efficient and effective use of time at meetings. 1.4 Interpretation (1) In this local law, unless the contact otherwise requires— absolute majority has the meaning given to it in the Act; 75% majority has the meaning given to it in the Act; Act means the Local Government Act 1995; CEO means the Chief Executive Officer of the Town of Claremont; committee means a committee of the Council, established under section 5.8 of the Act; committee meeting means a meeting of a committee; Council means the Council of the Town of Claremont; District means the district of the Town of Claremont; Local Government means the Town of Claremont; Mayor means the Mayor of the Town of Claremont or other Presiding Member at a Council meeting under section 5.6 of the Act; meeting means a meeting of the Council or a committee, as the context requires; Member has meaning given to it in the Act; Presiding Member means— (a) in respect of the Council, the person presiding under section 5.6 of the Act; and (b) in respect of a committee, the person presiding under sections 5.12, 5.13, and 5.14 of the Act; Regulations means the Local Government (Administration) Regulations 1996; simple majority means more than 50% of the Members present and voting; substantiative motion means an original motion as amended, but does not include an amendment or a procedural motion; Town means the district or the administration of the Town of Claremont, as the context requires. (2) Unless otherwise defined in this local law, the terms and expressions used in this local law is to have the meaning given to them in the Act and Regulations.
1718 GOVERNMENT GAZETTE, WA 25 May 2018 1.5 Repeal The Town of Claremont Standing Orders Local Law 2009 published in the Government Gazette on 26 October 2009 is repealed. PART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES 2.1 Establishment of committees (1) The establishment of committees is dealt with in the Act. (2) A Council resolution to establish a committee under section 5.8 of the Act is to include— (a) the terms and reference of the committee; (b) the number of Council Members, officers and other persons to be appointed to the committee; (c) the names or titles of the Council Members and officers to be appointed to the committee; (d) the names of other persons to be appointed to the committee or an explanation of the procedure to be followed to determine the appointments; and (e) details of the delegation of any powers or duties to the committee under section 5.16 of the Act. (3) This local law is to apply to the conduct of committee meetings. 2.2 Types of committees The types of committees are dealt with in the Act. 2.3 Delegation of some powers and duties to certain committees The delegation of some powers and duties to certain committees are dealt with in the Act. 2.4 Limits on delegation of powers and duties to certain committee The limits on the delegation of powers and duties to certain committees are dealt with in the Act. 2.5 Appointment of committee members The appointment of committee members is dealt with in the Act. 2.6 Tenure of committee membership Tenure of committee membership is dealt with in the Act. 2.7 Resignation of committee members Resignation of committee members is dealt with in the Act. 2.8 Register of delegations to committees The register of delegations to the committees is dealt with in the Act. 2.9 Committees to report (1) A committee— (a) is answerable to the Council; and (b) is to report on its activities when, and to the extent, required by Council. PART 3—CALLING AND CONVENING MEETINGS 3.1 Ordinary and special Council meetings (1) Ordinary and special Council meetings are dealt with in the Act. (2) An ordinary meeting of Council is generally held on a bi-monthly basis or otherwise as determined by the Council, and is for the purpose of considering and dealing with the ordinary business of the Council. (3) A special meeting of the Council is held for the purpose of considering and dealing with Council business that is urgent, complex in nature, for a particular purpose or confidential. 3.2 Calling Council meetings The calling of Council meetings is dealt with in the Act. 3.3 Convening Council meetings (1) The convening of a Council meeting is dealt with in the Act. (2) Subject to subclause (3), the CEO is to give at least 72 hours’ notice, for the purposes of section 3.1(3) in convening a special meeting of the Council. (3) Where, in the opinion of the Mayor or at least one-third of the Members, there is a need to meet urgently, the CEO may give a lesser period of notice of a special Council meeting. 3.4 Public notice of meetings Public notice of meetings is dealt with in the Regulations.
25 May 2018 GOVERNMENT GAZETTE, WA 1719 PART 4—PRESIDING MEMBER AND QUORUM Division 1—Who presides 4.1 Who presides Who presides at a Council meeting is dealt with in the Act. 4.2 When the Deputy Mayor can act When the Deputy Mayor can act is dealt with in the Act. 4.3 Who acts if no Mayor Who acts if there is no Mayor is dealt with in the Act. 4.4 Election of Presiding Members of committees The election of Presiding Members of committees and their deputies is dealt with in the Act. 4.5 Election of Deputy Presiding Members of committees The election of a Deputy Presiding Members of committees is dealt with in the Act. 4.6 Functions of Deputy Presiding Members The functions of Deputy Presiding Members are dealt with in the Act. 4.7 Who acts if no Presiding Member Who acts if no Presiding Member is dealt with in the Act. Division 2—Quorum 4.8 Quorum for meetings The quorum for meetings is dealt with in the Act. 4.9 Reduction of quorum for Council meetings The power of the Minister to reduce the number for a quorum and certain majorities is dealt with in the Act. 4.10 Reduction of quorum for committee meetings The reduction of a quorum for committee meetings is dealt with in the Act. 4.11 Procedure where no quorum to begin a meeting The procedure where there is no quorum to begin a meeting is dealt with in the Regulations. 4.12 Procedure where quorum not present during a meeting If at any time during a meeting the quorum is not present, the Presiding Member is to— (a) immediately suspend the proceedings of the meeting for a period of up to 15 minutes; and (b) adjourn the meeting to some future date or time if a quorum is not present at the expiry of that period. 4.13 Names to be recorded At any meeting— (a) at which there is not a quorum present; or (b) which is adjourned for want of a quorum, the names of the Members then present are to be recorded in the minutes. PART 5—BUSINESS OF A MEETING 5.1 Business to be specified (1) No business is to be transacted at any ordinary meeting of the Council other than that specified in the agenda without the approval of the Presiding Member or the Council. (2) No business is to be transacted at a special meeting of the Council other than that given in the notice as the purpose of the meeting. (3) Subject to subclause (4), no business is to be transacted at an adjourned meeting of the Council other than that— (a) specified in the notice of the meeting which had been adjourned; and (b) which remains unresolved. (4) Where a meeting is adjourned to the next ordinary meeting of the Council then, unless the Council resolves otherwise, the business unresolved at the adjourned meeting is to be dealt with before considering reports at that ordinary meeting. 5.2 Order of business (1) Unless otherwise decided by the Council, the order of business at any ordinary meeting of council is to be as follows—
- Declaration of Opening/ Announcement of Visitors
- Record of Attendance/ Apologies/ Leave of Absence
1720 GOVERNMENT GAZETTE, WA 25 May 2018 3. Disclosure of Interests 4. Response to Previous Public Questions Taken on Notice 5. Public Question Time 6. Public Statement Time 7. Applications for Leave of Absence 8. Petitions/ Deputations/ Presentations 9. Confirmation of Minutes of Previous Meetings 10. Announcement of Confidential Matters for Which Meeting may be Closed to the Public 11. Business Not Dealt With From a Previous Meeting 12. Reports of Committees 13. Reports of the CEO 14. Announcements by the Presiding Person 15. Elected Members’ Motions of Which Previous Notice has Been Given 16. New Business of an Urgent Nature Approved by the Person Presiding or by Decision of Meeting 17. Confidential Matters for Which the Meeting may be Closed to the Public 18. Future Meetings of Council 19. Declaration of Closure of Meeting. (2) Unless otherwise decided by the Council, the order of business at any special meeting of the Council is to be the order in which that business stands in the agenda of the meeting. (3) In determining the order of business for any meeting of the Council, the provisions of the Act and Regulations relating to the time at which public question time is to be held are to be observed. 5.3 Motions of which previous notice has been given (1) Unless the Act, Regulations or this local law otherwise provide, a Member may raise at a meeting such business as he or she considers appropriate, in the form of a motion, of which notice has been given in writing to the CEO and which has been included on the agenda. (2) A notice of motion under subclause (1) is to be given at least seven clear working days before the meeting at which the motion is moved. (3) A notice of motion is to relate to the good governance of the district. (4) The CEO— (a) may, with the concurrence of the Mayor, exclude from the notice paper any notice of motion deemed to be, or likely to involve, a breach of any of this local law or any other written law; (b) will inform Members on each occasion that a notice has been excluded and the reasons for that exclusion; (c) may, after consultation with the Member where this is practicable, make such amendments to the form, but not that substance as will bring the notice of motion into due form; and (d) may provide to the Council relevant and materials facts and circumstances pertaining to the notice of motion on such matters as policy, budget and law. (5) A motion of which notice has been given is to lapse unless— (a) the Member who gave notice of it, or some other Member authorised by the originating Member in writing, moves the motion when called on; or (b) the Council on a motion agrees to defer consideration of the motion to a later stage or date. (6) If a notice of motion is given and lapses under subclause (5), a notice of motion in the same terms or to the same effect is not to be given again for at least three months from the date of such lapse. 5.4 New business of an urgent nature (1) In the cases of extreme urgency or other special circumstances, the Presiding Member may dispense with the requirement to give notice under clause 5.3(2). (2) In subclause (1), ‘cases of extreme urgency or other special circumstances’ means matters that have arisen after the preparation of the agenda that are considered by the Presiding Member to be of such importance and urgency that they are unable to be dealt with administratively by the local government and must be considered and dealt with by the Council before the next meeting. 5.5 Adoption by exception resolution (1) In this clause ‘adoption by exception resolution’ means a resolution of the Council that has the effect of adopting, for a number of specifically identified reports, the officer recommendation as the Council resolution. (2) Subject to subclause (3), the local government may pass an adoption by exception resolution. (3) An adoption by exception resolution may not be used for a matter— (a) that requires 75% majority or a special majority; (b) in which an interest has been disclosed; (c) that has been the subject of a petition or deputation;
25 May 2018 GOVERNMENT GAZETTE, WA 1721 (d) that is a matter on which a Member wishes to make a statement; or (e) that is a matter on which a Member wishes to move a motion that is different to the recommendation. PART 6—PUBLIC PARTICIPATION 6.1 Meetings generally open to the public Meetings being generally open to the public is dealt with in the Act. 6.2 Meetings not open to the public (1) The CEO may, at any time, recommend that a meeting or part of a meeting be closed to members of the public. (2) The Council, in one or more of the circumstances dealt with in the Act, may at any time, by resolution, decide to close a meeting or part of a meeting. (3) If a resolution under subclause (2) is carried— (a) the Presiding Member is to direct everyone to leave the meeting except— (i) the Members; (ii) the CEO; and (iii) any officer specified by the Presiding Member; and (b) the meeting is to be closed to the public until, at the conclusion of the matter justifying the closure of the meeting to the public, the Council or the committee, by resolution, decides otherwise. (4) A person who fails to comply with a direction under subclause (3)(a) may, by order of the Presiding Member, be removed from the meeting. (5) A resolution under this clause may be made without notice. (6) Unless the Council resolves otherwise, once the meeting is re-opened to Members of the public, the Presiding Member is to ensure that any resolution of the Council made while the meeting was closed is to be read out including a vote of a Member to be included in the minutes. 6.3 Public question time Public question time at meetings is dealt with in the Act and Regulations. 6.4 Public question time at certain meetings Public question time at certain meetings is dealt with in the Regulations. 6.5 Minimum question time for the public Minimum question time for the public is dealt with in the Regulations. 6.6 Procedures for public question time (1) A member of the public who raises a question during question time, is to state his or her name and address. (2) A question may be taken on notice by the Presiding Member for later response. (3) When a question is taken on notice, the CEO is to ensure that— (a) a response is given to the member of the public in writing; and (b) a summary of the response is included in the agenda of the meeting of the Council. (4) Where a question relating to a matter in which a relevant person has an interest is directed to the relevant person, the relevant person is to— (a) declare that he or she has an interest in the matter; and (b) allow another person to respond to the question. (5) Each member of the public with a question is entitled to ask up to five questions before other members of the public will be invited to ask their questions, unless the Presiding Member permits additional questions to be asked. (6) Where a member of the public provides written questions, then the Presiding Member may elect for the questions to be responded to as normal business correspondence. (7) The Presiding Member may decide that a public question shall not be responded to where— (a) the same or similar question was asked at a previous meeting, a response was provided and the member of the public is directed to the minutes of the meeting at which the response was provided; (b) the member of the public uses public question time to make a statement, provided that the Presiding Member has taken all reasonable steps to assist the member of the public to phrase the statement as a question; or (c) the member of the public asks a question that is offensive or defamatory in nature, provided that the Presiding Member has taken all reasonable steps to assist the member of the public to phrase the question in a manner that is not offensive or defamatory. (8) A member of the public shall have five minutes to submit their questions. (9) The Council, by resolution, may agree to extend public question time.
1722 GOVERNMENT GAZETTE, WA 25 May 2018 (10) Where an answer to a question is given at a meeting, a summary of the question and the answer is to be included in the minutes. (11) Other procedures for Public Question Time are dealt with in the Regulations. 6.7 Public statement time (1) A member of the public wanting to make a statement during public statement time must submit their statement in writing— (a) to the CEO for approval prior to the date of the relevant meeting of Council; or (b) to the Presiding Member for approval on the day of the relevant meeting of Council immediately before the meeting commences. (2) Statements made by the public are to relate to an item of business for the meeting of Council in which the statement is made. (3) When making their statement to Council, a member of the public must state— (a) their name and address; (b) the item of business for which the statement is being made; and (c) whether the statement is being made for or against that item of business. (4) Each member of the public wishing to make a statement will be given five minutes to make their statement. (5) The maximum time allotted for receiving statements made by the public during a meeting of Council is 15 minutes. (6) The Council, by resolution, may agree to extend public statement time. 6.8 Distinguished visitors If a distinguished visitor is present at a meeting of the Council, the Presiding Member may acknowledge the presence of the distinguished visitor at an appropriate time during the meeting, and the presence of that visitor shall be recorded in the minutes. 6.9 Deputations (1) Any person or group wishing to be received as a deputation by the Council is to either— (a) apply in writing before the meeting to the CEO for approval; or (b) with the approval of the Presiding Member, at the meeting, address the Council. (2) The CEO may either— (a) approve the request and invite the deputation to attend a meeting of the Council; or (b) refer the request to the Council to decide by simple majority whether or not to receive the deputation. (3) Unless the Council resolves otherwise, a deputation invited to attend a Council meeting— (a) is not to exceed five persons, only two of whom may address the Council, although others may respond to specific questions from members; (b) is not to address the Council for a period exceeding five minutes without the agreement of the Council; and (c) additional members of the deputation may be allowed to speak with approval from the Presiding Member. 6.10 Petitions (1) A petition is to— (a) be addressed to the Mayor; (b) be made by electors of the district; (c) state the request on each page of the petition; (d) contain the name, address and signature of each elector making the request, and the date each elector signed; (e) contain a summary of the reasons for the request; and (f) state the name of the person to whom, and an address at which, notice to the petitioners can be given. (2) Upon receiving a petition, the local government is to submit the petition to the CEO to be included in his or her deliberations and report on the matter that is the subject of the petition, subject to subclause (3). (3) At any meeting, the Council is not to vote on any matter that is the subject of a petition presented to that meeting, unless— (a) the matter is the subject of a report included in the agenda; and (b) the Council has considered the issues raised in the petition. 6.11 Presentations (1) In this clause, a ‘presentation’ means the acceptance of a gift or an award by the Council on behalf of the local government or the community. (2) A presentation may be made to the Council at a meeting only with the prior approval of the CEO.
25 May 2018 GOVERNMENT GAZETTE, WA 1723 6.12 Participation at committee meetings (1) In the clause, a reference to a person is to a person who— (a) is entitled to attend a committee meeting; (b) attends a committee meeting; and (c) is not a member of that committee. (2) Without the consent of the Presiding Member, no person is to address a committee meeting. (3) The Presiding Member of the committee may allow a person to make an oral submission to the committee for up to five minutes. (4) A person addressing the committee with the consent of the Presiding Member is to cease that address immediately after being directed to do so by the Presiding Member. (5) A person who fails to comply with a direction of the Presiding Member under subclause (4) may, by order of the Presiding Member, be removed from the committee room. (6) The Council may make a policy dealing with the circumstances in which a person may be given consent to address a committee meeting. 6.13 Council may meet to hear public submissions (1) Where an item on the agenda at a Council meeting is contentious and is likely be the subject of a number of deputations, the Council may resolve to meet at another time to provide a greater opportunity to be heard. (2) The CEO and the Mayor shall set the time and date of the meeting to provide the opportunity to be heard. (3) Where the Council resolves to meet to provide the opportunity to be heard under subclause (1), the Presiding Member shall— (a) instruct the CEO to provide local public notice of the time and date when the Council will meet to provide an opportunity to be heard; (b) provide a written invitation to attend the meeting to provide the opportunity to be heard to all members of the public who have applied under clause 6.9 to make a deputation on the issue; and (c) cause minutes to be kept of the meeting to provide the opportunity to be heard. (4) A meeting held under subclause (1) shall be conducted only to hear submissions. The council shall not make resolutions at a meeting to provide the opportunity to be heard. (5) At a meeting held under subclause (1), each person making a submission shall be provided with the opportunity to fully state his or her case. (6) A member of the public shall be limited to five minutes in making an oral submission, but this period may be extended at the discretion of the Presiding Member. (7) Once every member of the public has had the opportunity to make a submission the Presiding Member is to close the meeting. (8) The CEO is to ensure that a report is included on the agenda of the next Council meeting summarising each submission made at the meeting. (9) The Council must not resolve on the matter that is the subject of a meeting to provide the opportunity to be heard until it has received the CEO’s report under subclause (8). 6.14 Public inspection of agenda materials The right of the public to inspect the documents referred to, and in accordance with, regulation 14 of the Regulations may be exercised at the Town of Claremont’s Administration Building and, where applicable, on the local government’s website. 6.15 Confidentiality of information withheld (1) Information withheld by the CEO from the public under regulation 14(2) of the Regulations is to be— (a) identified in the agenda of a Council meeting under the item ‘Confidential Matters for Which the Meeting may be Closed to the Public’; (b) marked ‘confidential’ in the agenda; and (c) kept confidential by Officers and Members until the Council resolves otherwise. (2) A member or an officer in receipt of confidential information under subclause (1) or information that is provided or disclosed during a meeting or part of a meeting that is closed to the public is not to disclose any of that information to any person other than another Member or an Officer to the extent necessary for the purpose of carrying out his or her duties. (3) Subclause (2) does not apply where a Member or Officer discloses the information to his or her lawyer or government officer for the purpose of seeking advice in order to lawfully fulfil his or her role and responsibilities. 6.16 Recording of proceedings (1) A person is not to use any electronic, visual or audio recording device or instrument to record the proceedings of the Council without the permission of the Presiding Member. (2) If the Presiding Member grants permission under subclause (1), the Presiding Member is to advise the meeting before the recording is commenced, that the recording is permitted and the extent of the permission.
1724 GOVERNMENT GAZETTE, WA 25 May 2018 6.17 Prevention of disturbance (1) A reference in this clause to a person is to a person other than a Member. (2) A person addressing the Council shall extend due courtesy and respect to the Council and the processes under which it operates and shall comply with any direction by the Presiding Member. (3) A person observing a meeting shall not create a disturbance at a meeting, by interrupting or interfering with the proceedings, whether by expressing approval or dissent, by conversing or by any other means. (4) A person shall ensure that his or her mobile telephone is silenced and not used during any meeting of the Council. (5) A person shall not behave in a manner that is contrary to section 75 of the Criminal Code. PART 7—CONDUCT OF MEMBERS 7.1 Members to be in their proper places (1) At the first meeting held after each Election Day, the CEO is to allot, by ballot, a position at the Council table to each Member. (2) Each Member is to occupy his or her allotted position at each Council meeting. 7.2 Respect to the Presiding Member After the business of a Council has commenced, a Member is not to enter or leave the meeting without first paying due respect to the Presiding Member. 7.3 Titles to be used A speaker, when referring to the Mayor, Deputy Mayor or Presiding Member, or a Member or Officer, is to use the title of that person’s office. 7.4 Advice of entry or departure During the course of a meeting of the Council, a Member is not to enter or leave the meeting without first advising the Presiding Member in order to facilitate the recording in the minutes of the time of entry or departure. 7.5 Members to indicate their intention to speak A Member of the Council who wishes to speak is to indicate his or her intention to speak by raising his or her hand or by another method agreed by the Council. 7.6 Priority of speaking (1) Where two or more Members indicate, at the same time, their intention to speak, the Presiding Member is to decide which Member is entitled to be heard first. (2) A decision of the Presiding Member under subclause (1) is not open to discussion or dissent. (3) A Member is to cease speaking immediately after being asked to do so by the Presiding Member. 7.7 Presiding Member may take part in debates The Presiding Member may take part in a discussion of any matter before the Council, subject to compliance with this local law. 7.8 Relevance (1) A Member is to restrict his or her remarks to the motion or amendment under discussion, or to a personal explanation or point of order. (2) The Presiding Member, at any time, may— (a) call the attention of the meeting to— (i) any irrelevant, repetitious, offensive or insulting language by a Member; or (ii) any breach of order by a Member; and (b) direct that Member, if speaking, to discontinue his or her speech. (3) A Member is to comply with the direction of the Presiding Member under subclause (2) by immediately ceasing to speak. 7.9 Speaking twice A Member is not to address the Council more than once on any motion or amendment except— (a) as the mover of a substantive motion, to exercise a right of reply; (b) to raise a point of order; or (c) to make a personal explanation. 7.10 Duration of speeches (1) A Member is not to speak on any matter for more than five minutes without the consent of the Council which, if given, is to be given without debate. (2) An extension under this clause cannot be given to allow a Member’s total speaking time to exceed 10 minutes.
25 May 2018 GOVERNMENT GAZETTE, WA 1725 7.11 No speaking after conclusion of debate A Member is not to speak on any motion or amendment— (a) after the mover has replied; or (b) after the question has been put. 7.12 No interruption A Member is not to interrupt another Member who is speaking unless— (a) to raise a point of order; (b) to call attention to the absence of a quorum; (c) to make a personal explanation under clause 7.13; or (d) to move a procedural motion that the Member be no longer heard. 7.13 Personal explanations (1) A Member who wishes to make a personal explanation relating to a matter referred to by another Member who is then speaking is to indicate to the Presiding Member his or her intention to make a personal explanation. (2) The Presiding Member is to determine whether the personal explanation is to be heard immediately or at the conclusion of the speech by the other Member. (3) A Member making a personal explanation is to confine his or her observations to a succinct statement relating to a specific part of the speech at which he or she may have been misunderstood. 7.14 No re-opening of discussion A Member is not to reopen discussion on any Council decision, except to move that the decision be revoked or changed. 7.15 Adverse reflection (1) A Member is not to reflect adversely on a decision of the Council except on a motion that the decision be revoked or changed, unless the meeting resolves, without debate, that the matter before the meeting cannot otherwise be adequately considered. (2) A Member is not— (a) to reflect adversely on the character or actions of another Member or Officer; or (b) to impute any motive to a Member or Officer, unless the meeting resolves, without debate, that the question then before the meeting cannot otherwise be adequately considered. (3) A Member is not to use offensive or insulting expressions in reference to any Member, Officer or other person. (4) If a Member specifically requests, immediately after their use, that any particular words used by a Member be recorded in the minutes— (a) the Presiding Member is to cause the words used to be taken down and read to the meeting for verification; and (b) the Council may, by resolution, decide to record those words in the minutes. 7.16 Withdrawal of offensive language (1) A Member who, in the opinion of the Presiding Member, uses an expression which— (a) in the absence of a resolution under clause 7.15— (i) reflects adversely on the character or actions of another Member or Officer; or (ii) imputes any motive to a Member or Officer; or (b) is offensive or insulting, must, when directed by the Presiding Member, withdraw the expression and make a satisfactory apology. (2) If a Member fails to comply with a direction of the Presiding Member under subclause (1), the Presiding Member may refuse to hear the Member further on the matter then under discussion and call on the next speaker. PART 8—PRESERVING ORDER 8.1 Presiding Member to preserve order (1) The Presiding Member is to preserve order, and, whenever he or she considers necessary, may call any Member to order. (2) When the Presiding Member speaks during a debate, every Member present is to preserve strict silence so that the Presiding Member may be heard without interruption. (3) Subclause (2) is not to be used by the Presiding Member to exercise the right provided in clause 7.7, but to preserve order. 8.2 Point of order (1) A Member may object, by way of a point of order, only to a breach of— (a) any of this local law; or (b) any other written law.
1726 GOVERNMENT GAZETTE, WA 25 May 2018 (2) Despite anything in this local law to the contrary, a point of order— (a) takes precedence over any discussion; and (b) until determined, suspends the consideration or discussion of any other matter. 8.3 Procedures on a point of order (1) A Member who is addressing the Presiding Member is not to be interrupted except on a point of order. (2) A Member interrupted on a point of order is to resume his or her seat until— (a) the Member raising the point of order has been heard; and (b) the Presiding Member has ruled on the point of order, and, if permitted, the Member who has been interrupted may then proceed. 8.4 Calling attention to breach A Member may, at any time, draw the attention of the Presiding Member to any breach of this local law. 8.5 Ruling by the Presiding Member (1) The Presiding Member is to rule on any point of order which is raised by either upholding or rejecting the point of order. (2) A ruling by the Presiding Member on a point of order is to be final unless the majority of Members then present and voting, on a motion moved immediately after the ruling, dissent from the ruling. (3) Subject to a motion of dissent being carried under subclause (2), if the Presiding Member rules that— (a) any motion, amendment or other matter before the meeting is out of order, it is not to be considered further; and (b) a statement made or act done by a Member is out of order, the Presiding Member may require the Member to make an explanation, retraction or apology. 8.6 Continued breach of order If a Member— (a) persists in any conduct that the Presiding Member had ruled is out of order; or (b) refuses to make an explanation, retraction or apology required by the Presiding Member under clause 8.5(3), the Presiding Member may direct the Member to refrain from taking any further part in the matter under discussion, other than by voting, and the Member is to comply with that direction. 8.7 Right of Presiding Member to adjourn (1) For the purpose of preserving or regaining order, the Presiding Member may adjourn the meeting for a period of up to 15 minutes. (2) On resumption, the debate is to continue at the point at which the meeting was adjourned. (3) If, at any one meeting, the Presiding Member adjourns the meeting more than once for the purpose of preserving or regaining order, the second or subsequent adjournment may be to a later time on the same day or to another day. PART 9—DEBATE OF SUBSTANTIVE MOTIONS 9.1 Motions to be stated and in writing Any Member who wishes to move a substantive motion or an amendment to a substantive motion— (a) is to state the substance of the motion before speaking to it; and (b) is to put the motion or amendment in writing. 9.2 Motions to be supported (1) A substantive motion or an amendment to a substantive motion is not open to debate until it has been seconded. (2) A motion to revoke or change a decision made at a Council meeting is not open to debate unless the motion has the support required under regulation 10 of the Regulations. 9.3 Only one substantive motion at a time When a substantive motion is under debate at a meeting of the Council, no further substantive motion is to be accepted. The Council is not to consider more than one substantive motion at any time. 9.4 Order of call in debate The Presiding Member is to 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) the seconder to speak to the motion; (e) a speaker against the motion;
25 May 2018 GOVERNMENT GAZETTE, WA 1727 (f) a speaker for the motion; (g) other speakers against and for the motion, alternating where possible, and (h) mover takes right of reply, which closes debate. 9.5 Limit of debate The Presiding Member may offer the right of reply and put a substantive motion to the vote if he or she believes that sufficient discussion has taken place even though all Members may not have spoken. 9.6 Member may require question to be read A Member may require the question or matter under discussion to be read at any time during a debate, but not so as to interrupt any other Member who is speaking. 9.7 Consent of seconder required for alteration The mover of a substantive motion may not alter the wording of the motion without the consent of the seconder. 9.8 Order of amendments Any number of amendments may be proposed to a substantive motion, but when an amendment is moved to a substantive motion, no second or subsequent amendment is to be moved or considered until the first amendment has been withdrawn, carried or lost. 9.9 Form of an amendment An amendment must add, delete, or substitute words to the substantive motion. 9.10 Amendment must not negate original motion An amendment to a substantive motion cannot negate the original motion or the intent of the original motion. 9.11 Relevance of amendments Each amendment is to be relevant to the motion in respect of which it is moved. 9.12 Mover of motion may speak on amendment Any Member may speak during the debate on an amendment. 9.13 Effect of an amendment If an amendment to a substantive motion is carried, the motion as amended then becomes the substantive motion, on which any Member may speak and any further amendment may be moved. 9.14 Withdrawal of motion or amendment (1) Subject to subclause (2), the Council may, without debate, grant leave to withdraw a motion or amendment on the request of the mover of the motion or amendment and with the approval of the seconder. (2) Where an amendment has been proposed to a substantive motion, the substantive motion is not to be withdrawn, except by consent of the majority of Members present, until the amendment proposed has been withdrawn or lost. 9.15 Right of reply (1) The mover of a substantive motion has the right of reply. (2) The mover of any amendment to a substantive motion has a right of reply. (3) The right of the reply may only be exercised— (a) where no amendment is moved to the substantive motion, at the conclusion of the discussion on the motion; or (b) where one or more amendments have been moved to the substantive motion, at the conclusion of the discussion on the substantive motion and any amendments. (4) After the mover of the substantive motion has commenced the reply— (a) no other Member is to speak on the question; (b) there is to be no further discussion on, or any further amendment to, the motion. (5) The right of the reply is to be confined to rebutting arguments raised by previous speakers and no new matter is to be introduced. (6) At the conclusion of the right of reply, the substantive motion, or the substantive motion as amended, is immediately to be put to the vote. PART 10—PROCEDURAL MOTIONS 10.1 Permissible procedural motions In addition to the right to move an amendment to a substantive motion (under Part 9), a Member may move the following procedural motions— (a) that the motion be deferred; (b) that the meeting now adjourn; (c) that the motion be now put; (d) that the ruling of the Presiding Member be disagreed with;
1728 GOVERNMENT GAZETTE, WA 25 May 2018 (e) that the meeting be closed to the public (see clause 6.2); (f) that the meeting be reopened to the public. 10.2 No debate (1) The mover of a motion specified in paragraph (a), (b), (c), (e) or (f) of clause 10.1 may speak to the motion for not more than five minutes, the seconder is not to speak other than to formally second the motion, and there is to be no debate on the motion. (2) The mover of a motion specified in paragraph (d) of clause 10.1 may not speak to the motion, the seconder is not to speak other than to formally second the motion, and there is to be no debate on the motion. 10.3 Who may move No person who has moved, seconded, or spoken for or against the substantive motion, or any amendment to the substantive motion, may move any procedural motion which, if carried, would close the debate on the substantive motion or amendment. 10.4 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 does not deny the right of reply to the mover of the substantive motion. 10.5 Motion be deferred A motion ‘that the motion be deferred’— (a) is to state the time to which the debate on the motion is to be deferred; and (b) if carried, has the effect that all debate on the substantive motion or amendment ceases immediately, but continues at the time stated in the motion. 10.6 Meeting now adjourn (1) A Member is not to move or second more than one motion of adjournment during the same sitting of the Council. (2) Before putting the motion for the adjournment of the Council, the Presiding Member may seek leave of the Council to deal first with matters that may be the subject of an adoption by exception resolution (see clause 5.5). (3) A motion “that the meeting now adjourn”— (a) is to state the time and date to which the meeting is to be adjourned; and (b) if carried, has the effect that the meeting is adjourned to the time and date specified in the motion. (4) A meeting adjourned under subclause (3) is to continue from the point at which it was adjourned, unless the Presiding Member or the Council determines otherwise. 10.7 Motion to be put (1) If the motion ‘that the motion be now put’, is carried during debate on a substantive motion without amendment, the Presiding Member is to offer the right of reply and then put the motion to the vote without further debate. (2) If the motion ‘that the motion be now put’ is carried during discussion of an amendment, the Presiding Member is to put the amendment to the vote without further debate. (3) This motion, if lost, causes debate to continue. 10.8 Ruling of the Presiding Member to be disagreed with If the motion ‘that the ruling of the Presiding Member be disagreed with’, is carried, that ruling is to have no effect and the meeting is to proceed accordingly. PART 11—DISCLOSURE OF INTERESTS 11.1 Disclosure of Interests Disclosure of Interests is dealt with in the Act. PART 12—VOTING 12.1 Motion—when put (1) Immediately after the debate on any question is concluded and the right of reply has been exercised, the Presiding Member— (a) is to put the motion to the Council; and (b) if requested by any Member, is to again state the terms of the motion. (2) A Member is not to leave the meeting when the Presiding Member is putting any motion. 12.2 Voting Voting is dealt with in the Act and the Regulations
25 May 2018 GOVERNMENT GAZETTE, WA 1729 12.3 Majorities required for decisions The majorities required for decisions of the Council and committees are dealt with in the Act. 12.4 Method of taking vote (1) In taking the vote on any motion or amendment the Presiding Member— (a) is to put the motion, first in the affirmative, and then in the negative; (b) may put the motion in this way as often as may be necessary to enable him or her to determine whether the affirmative or the negative has the majority of votes; (c) may accept a vote on the voices or may require a show of hands; (d) is, subject to this clause, to declare the result; and (e) is to cause to record the vote of all members present in the minutes. (2) If a Member calls for a show of hands, the result of the vote is to be determined on the count of raised hands. (3) If the vote results in a division, the CEO is to record— (a) the name of each member who voted; and (b) whether he or she voted in the affirmative or negative. PART 13—MINUTES OF MEETINGS 13.1 Keeping of minutes The keeping and confirmation of minutes are dealt with in the Act. 13.2 Content of minutes (1) The content of minutes is dealt with in the Regulations. (2) In addition to the matters required by regulation 11, the minutes of a Council meeting is to include, where an application for approval is refused or the authorisation of a licence, permit or certificate is withheld or cancelled, the reasons for the decision. 13.3 Public inspection of unconfirmed minutes The public inspection of unconfirmed minutes is dealt with in the Regulations. 13.4 Confirmation of minutes (1) When minutes of an ordinary meeting of the Council are distributed for consideration prior to their confirmation at the next meeting, if a Member is dissatisfied with the accuracy of the minutes, the Member may provide the local government with a written copy of the alternative wording to amend the minutes no later than seven clear working days before the next ordinary meeting of the Council. (2) At the next ordinary meeting of the Council, the Member who provided the alternative wording shall, at the time for confirmation of minutes— (a) state the item or items with which he or she is dissatisfied; and (b) propose a motion clearly outlining the alternative wording to amend the minutes. (3) Members must not discuss items of business contained in the minutes, other than discussion as to their accuracy as a record of the proceedings. PART 14—ADJOURNMENT OF MEETING 14.1 Meeting may be adjourned (1) The Council may adjourn any meeting— (a) to a later time on the same day; or (b) to any other time on any other day, including a time which coincides with the conclusion of another meeting or event. 14.2 Effect of adjournment Where any matter, motion, debate or meeting is adjourned under this local law— (a) the names of Members who have spoken on the matter prior to the adjournment are to be recorded in the minutes; (b) debate is to be resumed at the next meeting at a point where it was interrupted; and (c) the provisions of clause 8.9 [speaking twice] apply when the debate is resumed. PART 15—REVOKING OR CHANGING DECISIONS 15.1 Requirements to revoke or change decisions The requirements to revoke or change a decision made at a meeting are dealt with in regulation 10 of the Regulations.
1730 GOVERNMENT GAZETTE, WA 25 May 2018 15.2 Implementing a decision (1) In this clause— (a) authorisation means a licence, permit, approval or other means of authorising a person to do anything; (b) ‘implement’, in relation to a decision, includes— (i) communicate notice of the decision to a person affected by, or with an interest in, the decision; and (ii) take any other action to give effect to the decision; and (c) ‘valid notice of revocation motion’ means a notice of motion to revoke or change a decision that complies with the requirements of the Act, Regulations and the Local Laws, and may be considered, but has not yet been considered, by the Council or a committee as the case may be. (2) Subject to subclause (4), and unless a resolution is made under subclause (3), a decision made at a meeting is not to be implemented by the CEO or any other person until the afternoon of the first business day after the commencement of the meeting at which the decision was made. (3) The Council or a committee may, by resolution carried at the same meeting at which a decision was made, direct the CEO or another person to take immediate action to implement the decision. (4) A decision made at a meeting is not to be implemented by the CEO or any other person— (a) if, before commencing any implementation action, the CEO or that person is given a valid notice of revocation motion; and (b) unless and until the valid notice of revocation motion has been determined by the Council or the committee as the case may be. (5) The CEO is to ensure that members of the public attending the meeting are informed by an appropriate notice that a decision to grant an authorisation— (a) is to take effect only in accordance with this clause; and (b) cannot be acted upon by the person who has been granted the authorisation unless and until the decision has been implemented in accordance with this clause. PART 16—SUSPENSION OF LOCAL LAWS 16.1 Suspension of Local Laws (1) A Member may at any time move that the operation of one or more of the provisions of this local law be suspended. (2) A Member moving a motion under subclause (1) is to state the reasons for the motion but no other discussion is to take place. (3) A motion under subclause (1) which is— (a) seconded; and (b) carried by an absolute majority, is to suspend the operation of the clause or clauses to which the motion relates for the duration of the meeting, unless the meeting earlier resolves otherwise. 16.2 Where Local Laws do not apply (1) In situations where— (a) one or more provisions of this local law has been suspended; or (b) a matter is not regulated by the Act, the Regulations or this local law, the Presiding Member is to decide questions relating to the conduct of the meeting. (2) The decision of the Presiding Member under subclause (1) is final, except where a motion is moved and carried under clause 10.8. 16.3 Cases not provided for in Local Laws (1) The Presiding Member is to decide questions of order, procedure, debate, or otherwise in cases where this local law, the Act or the Regulations are silent. (2) The decision of the Presiding Member in these cases is final, except where a motion is moved and carried under clause 10.8. PART 17—MEETING OF ELECTORS 17.1 Electors’ general meeting Electors’ general meetings are dealt with in the Act. 17.2 Matters for discussion at Electors’ general meetings The matters to be discussed at electors’ general meetings are dealt with in the Regulations. 17.3 Electors’ special meetings Electors’ special meetings are dealt with in the Act. 17.4 Requests for Electors’ special meetings Requests for electors’ special meetings are dealt with in the Regulations.
25 May 2018 GOVERNMENT GAZETTE, WA 1731 17.5 Convening Electors’ meetings Convening electors’ meetings is dealt with in the Act. 17.6 Who presides at Electors’ meetings Who presides at electors’ meetings is dealt with in the Act. 17.7 Procedure for Electors’ meetings (1) The procedure for electors’ meetings is dealt with in the Act and the Regulations. (2) In exercising his or her discretion to determine the procedure to be followed at an electors’ meeting, the Presiding Member is to have regard to this local law. 17.8 Participation of non-Electors A person who is not an elector of the Local Government shall not take part in any discussion at an electors’ meeting unless the meeting, by resolution, permits the person do so. 17.9 Voting at Electors’ meetings Voting at electors’ meetings is dealt with in the Regulations. 17.10 Minutes of Electors’ meetings Minutes of electors’ meetings are dealt with in the Act. 17.11 Decisions made at Electors’ meetings Decisions made at electors’ meetings are dealt with in the Act. PART 18—ENFORCEMENT 18.1 Penalty for breach A person who breaches a provision of this local law commits an offence. The penalty is $1,000.00 and a daily penalty of $100.00. 18.2 Who can prosecute Who can prosecute is dealt with in the Act. ———— Dated 23 May 2018. The Common Seal of the Town of Claremont was affixed by the authority of a resolution of Council in the presence of— JOCK BARKER, Mayor. LIZ LEDGER, Chief Executive Officer. ———————————