5224GOVERNMENT GAZETTE, WA 3 November 2022

5224 GOVERNMENT GAZETTE, WA 3 November 2022 (b) the member of the public uses public question time to make a statement, provided that the presiding member has taken 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 reasonable steps to assist the member of the public to phrase the question in a manner that is not offensive or defamatory. (7) The presiding member may agree to extend public question time. (8) 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. (9) In this clause: “relevant person” has the same meaning as in section 5.59 of the Act. 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 must be recorded in the minutes. 6.9 Deputations (1) Any person or group wishing to be received as a deputation by the Council or a committee, is to either— (a) apply, before the meeting, to the President for approval; or (b) with the approval of the presiding member, at the meeting, address the Council or a committee. (2) Any application for a deputation is to include details of the topic on which the deputation is to be made and a brief outline of the contents of the proposed submission which will be made during the deputation. (3) The President may either— (a) approve the request and invite the deputation to attend a meeting of the Council or committee; or (b) refer the request to the Council or the committee to decide by simple majority whether or not to receive the deputation. (4) Unless the Council or committee resolves otherwise, a deputation invited to attend a Council or committee meeting— (a) is not to exceed 5 persons, only 2 of whom may address the Council or a committee, although others may respond to specific questions from members; (b) is not to address the Council or a committee for a period exceeding 10 minutes without the agreement of the Council; and (c) an extension of time and the increase in number of speaking members of the deputation may be allowed with the leave of the presiding member. (5) Unless decided otherwise by the President or presiding member of a committee, the number of deputations approved for any meeting must not exceed four. (6) Any matter which is the subject of a deputation to the Council or a committee is not to be decided by the Council or the committee until the deputation has completed its presentation. 6.10 Petitions (1) Where a member or the CEO receives a petition conforming to the requirements of clause 6.10 (2), that petition is to be presented to the next Council meeting. (2) Except where required by the Act, the Regulations or any other written law, any petition to the Council— (a) must be addressed to the Council; (b) state the name and address of the person to whom correspondence in respect of the petition may be served; and (c) be in the form detailed in Schedule 1 of this local law. (3) Once a petition is presented to the Council, a motion may be moved to receive the petition and refer it to the CEO for action. 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 President. 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 November 2022 GOVERNMENT GAZETTE, WA 5225 (3) The presiding member of a committee may allow a person to make an oral submission to the committee for up to 3 minutes on a recommendation contained in a report to the committee, with a maximum of 3 speakers for the recommendation and 3 speakers against the recommendation. (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 President must 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 must— (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) must be conducted only to hear submissions but a member may, at any time with leave of the presiding member, ask a question to seek to clarify any aspect of a submission. The Council must not make resolutions at a meeting held under subclause (1). (5) At a meeting held under subclause (1), each person making a submission must be provided with the opportunity to fully state his or her case. (6) A member of the public must 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 the Shire’s administration office, any Shire library or 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”; and (b) marked “Confidential” in the agenda. (2) A member or an employee who has— (a) confidential information under subclause (1); or (b) 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 member employee to the extent necessary for the purpose of carrying out his or her functions. (3) Subclause (2) does not prevent a member or employee from disclosing the information— (a) at a closed meeting; (b) to the extent specified by Council and subject to such other conditions as the Council determines; (c) that is already in the public domain; (d) to an officer of the Department; (e) to the Minister; (f) to a legal practitioner for the purpose of obtaining legal advice; or (g) if the disclosure is required or permitted by law. (4) The Council may by resolution declare that any information withheld under clause 6.15 (1) must remain confidential for a specified period or indefinitely.