4056GOVERNMENT GAZETTE, WA 21 September 2016

4056 GOVERNMENT GAZETTE, WA 21 September 2016 (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 two minutes to submit a question. (9) The Council, by resolution, may agree to extend public question time. (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. 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, 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 5 persons, only 2 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 10 minutes without the agreement of the Council; and, (c) additional members of the deputation may be allowed to speak with the leave of the Presiding Member. (4) Any matter which is the subject of a deputation to the Council is not to be decided by the Council until the deputation has completed its presentation. 6.10 Petitions (1) A petition is to— (a) be addressed to the President; (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 relevant officer 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. 6.12 Participation at committee meetings (1) In this 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 a committee may allow a person to make an oral submission to the committee for up to 3 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.

21 September 2016 GOVERNMENT GAZETTE, WA 4057 (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 President 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 10 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 Lot 7 Chapman Valley Road, Nabawa, and 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 “Matters for which meeting may be closed”; (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 gives permission under subclause (1), the Presiding Member is to advise the meeting, immediately before the recording is commenced, that such permission has been given and the nature and extent of that permission. 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 or audible pager is not switched on or 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.