5222GOVERNMENT GAZETTE, WA 3 November 2022

5222 GOVERNMENT GAZETTE, WA 3 November 2022 (6) Where a Council or committee meeting is adjourned to a meeting not described in subclauses (4) or (5), no business is to be transacted at that later meeting other than that— (a) is specified in the notice of the meeting that is adjourned; and (b) which remains unresolved. 5.2 Order of business (1) The order of business of an ordinary meeting of the Council or a committee must be determined by the Council from time to time. (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 or a committee, 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 5 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) with the concurrence of the President, may 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) must 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 the substance as will bring the notice of motion into due form; and (d) may provide to the meeting relevant and material 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 meeting 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), notice of a motion in the same terms or to the same effect is not to be given again for at least 3 months from the date of such lapse. 5.4 New business of an urgent nature (1) In cases of extreme urgency or other special circumstances, matters may, on a motion by the presiding member that is carried by the meeting, be raised without notice and decided by the meeting. (2) In subclause (1), ‘cases of extreme urgency or other special circumstances’ means matters– (a) 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 or committee before the next meeting; and (b) that, if not dealt with at the meeting, are likely to– (i) have a significant adverse effect (financially or otherwise) on the Local Government; or (ii) result in a contravention of a written law. (3) Before debate begins on a matter under this clause that is not the subject of a written employee report to the meeting– (a) the presiding member is to ask the CEO to give; and (b) the CEO, or the CEO’s nominee, is to give, a verbal report to the meeting. (4) The minutes of the meeting are to include– (a) a summary of the verbal report and any recommendations of the CEO or the CEO’s nominee; and (b) the reasons for any decision made at the meeting that is significantly different from any advice or recommendations of the CEO or the CEO’s nominee. 5.5 Motions without notice A motion moved without notice, must be worded so as to refer to a particular matter for investigation and report to a committee for consideration of the Council at a later date, or directly to Council. 5.6 Adoption by exception resolution (1) In this clause ‘adoption by exception resolution’ means a resolution of the Council that has the effect of adopting, recommendations from any committee or, for a number of specifically identified reports, the employee recommendation as the Council resolution.