Shire of Dandaragan Site Erosion and Sand Drift Prevention Local Law 2019
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Shire of Dandaragan Site Erosion and Sand Drift Prevention Local Law 2019
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3934 GOVERNMENT GAZETTE, WA 5 November 2019 (3) Where possible the officer shall endeavour to answer the question to the best of his or her knowledge and ability, however, if the information is unavailable or the answer requires research or investigation, the officer may ask that— (a) the question be placed on notice for the next meeting of Council; and (b) the answer to the question be given to the Member who asked it within 14 days. (4) Every question and answer— (a) is to be brief and concise; and (b) is not to be accompanied by argument, expression of opinion or statement of facts, except to the extent necessary to explain the question or answer. (5) In answering any question, an officer may qualify his or her answer and may at a later time in the meeting or at a subsequent meeting alter, correct, add to or otherwise amend the original answer. PART 8—CONDUCT OF MEMBERS 8.1 Respect to the Presiding Member After the business of a Council has been commenced, a Member is not to enter or leave the meeting without first paying due respect to the Presiding Member. 8.2 Titles to be used A speaker, when referring to the President, Deputy President or Presiding Member, or a Member or officer, is to use the title of that person’s office. 8.3 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 or entry or departure. 8.4 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. 8.5 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. 8.6 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. 8.7 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. 8.8 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. 8.9 Duration of speeches (1) A Member is not to speak on any matter for more than 5 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. 8.10 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.
5 November 2019 GOVERNMENT GAZETTE, WA 3935 8.11 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 8.12; or (d) to move a procedural motion that the Member be no longer heard. 8.12 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. 8.13 No reopening of discussion A Member is not to reopen discussion on any Council decision, except to move that the decision be revoked or changed. 8.14 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. 8.15 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 8.14— (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 9—PRESERVING ORDER 9.1 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, any Member then speaking, or indicating that he or she wishes to speak, 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 8.6, but to preserve order. 9.2 Point of order (1) A Member may object, by way of a point of order, only to a breach of— (a) this local law; or (b) any other written law. (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.