5226GOVERNMENT GAZETTE, WA 3 November 2022

5226 GOVERNMENT GAZETTE, WA 3 November 2022 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, any committee or electors meeting 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 Standard of conduct (1) A reference in this clause to a person is to a person other than a member. (2) A person at a meeting— (a) addressing the Council or a committee must, when invited to speak, extend due courtesy and respect to the person presiding and others at the meeting; (b) must not reflect adversely on the character or actions of any member or employee; (c) must not impute any motive to a member or employee; (d) must not use offensive or objectionable expressions; (e) must not create a disturbance, by interrupting or interfering with the orderly conduct of the proceedings, whether expressing approval or dissent, by conversing or by any other means; (f) must ensure that his or her mobile telephone or audible pager is not switched on or used; and (g) must not behave in a manner that is contrary to section 75 of the Criminal Code. (3) The presiding person may warn a person who fails to comply with this clause. (4) If a person– (a) after being warned, acts contrary to this clause, or to this local law; or (b) refuses or fails to comply with a direction by the presiding member, the presiding member may expel the person from the meeting by ordering him or her to leave the meeting room. (5) A person who is ordered to leave the meeting room and fails to do so may, by order of the presiding person, be removed from the meeting room and, if the presiding person orders, from the premises. 6.18 Right of reply (1) A member who is aggrieved by a statement made (including a question asked) by a member of the public at a meeting may, with the leave of the presiding member, reply to that statement. (2) A reply under this clause is to be confined to a succinct response to the specific part of the statement in respect of which the member is aggrieved. PART 7—QUESTIONS BY MEMBERS 7.1 With due notice (1) A question on notice is to be given by a member in writing to the CEO at least four (4) clear business days before the meeting at which it is raised. (2) If the question referred to in subclause (1) is in order, the answer is, so far as practicable, to be included in written form in the agenda of the meeting, or otherwise tabled at that meeting. (3) Every question and answer is to be submitted as briefly and concisely as possible and no discussion is to be allowed thereon, unless with the consent of the presiding member. 7.2 Without due notice (1) Members may ask questions relating to an item on the notice paper or on matters related to the good government of persons in the district. (2) A member requesting general information from an employee at a Council or committee meeting may ask a question without notice and with the consent of the presiding member, may ask one or more further questions of that employee or another employee present at the meeting. (3) Where possible the employee must 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 employee may ask that– (a) the question be placed on notice for the next meeting of Council; or committee 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 employee 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.

3 November 2022 GOVERNMENT GAZETTE, WA 5227 PART 8—CONDUCT OF MEMBERS 8.1 Members to be in their proper places (1) At the first meeting held after each election day, or at any other time considered necessary, each member, other than the President, is to be allocated a seat at the Council table by a method determined by the Council from time to time. (2) In any set allocation, the President is to be seated next to the CEO. (3) Each member is to occupy his or her position allotted position at each Council or committee meeting. 8.2 Respect to the presiding member After the business of a Council or a committee has been commenced, a member is not to enter or leave the meeting without first paying due respect to the presiding member. 8.3 Titles to be used A speaker, when referring to the President, Deputy President or presiding member, or a member or employee, is to use the title of that person’s office. 8.4 Advice of entry or departure 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. 8.5 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. 8.6 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. 8.7 Presiding member may take part in debates The presiding member may take part in a discussion of any matter before the Council or a committee, subject to compliance with this local law. 8.8 Relevance 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. 8.9 Speaking twice A member is not to address the Council or a committee 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. 8.10 Duration of speeches (1) A member is not to speak on any matter for more than 5 minutes without the consent of the Council or a committee 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. 8.11 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. 8.12 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 8.13; or (d) to move a procedural motion that the member be no longer heard (see clause 11.1(i)). 8.13 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.