SHIRE OF NORTHAM
———————————
STANDING ORDERS LOCAL
LAW 2018
24 April 2018 GOVERNMENT GAZETTE, WA 1367
LOCAL GOVERNMENT ACT 1995
SHIRE OF NORTHAM
STANDING ORDERS LOCAL LAW 2018
ARRANGEMENT
Table of Contents
PART 1—PRELIMINARY
1.1 Citation
1.2 Commencement
1.3 Application and intent
1.4 Interpretation
1.5 Repeal
1.6 Provisions of the Act, Regulations and other legislation
PART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES
2.1 Establishment of committees
2.2 Types of committees
2.3 Delegation of some powers and duties to certain committees
2.4 Limits on delegation of powers and duties to certain committees
2.5 Appointment of committee members
2.6 Tenure of committee membership
2.7 Absence from committee meetings
2.8 Resignation of committee members
2.9 Register of delegations to committees
2.10 Committees to report
2.11 Reports of committees to be taken as read
2.12 Confirmation of committees report
2.13 Procedure of report of committees
2.14 Withdrawal, correction and amendments of committees
2.15 Reports of committees—questions
2.16 Procedure on amendments on reports of the committees
2.17 Non-related motions on reports of committees
2.18 Recommendations of committees—inspection of plans
2.19 Committee procedure
2.20 Rights and responsibilities of members who are not committee members
2.21 Local law applies to committees
PART 3—CALLING AND CONVENING MEETINGS
3.1 Ordinary and special Council meetings
3.2 Calling council meetings
3.3 Convening council meetings
3.4 Calling committee meetings
3.5 Public notice of meetings
3.6 Attendance by Telephone etc
3.7 Attendance by telephone etc after natural disaster
PART 4—PRESIDING MEMBER AND QUORUM
Division 1—Who presides
4.1 Who presides
4.2 When the Deputy President can act
4.3 Who acts if no President
4.4 Election of presiding members of committees
1368 GOVERNMENT GAZETTE, WA 24 April 2018
4.5 Election of deputy presiding members of committees
4.6 Functions of deputy presiding members
4.7 Who acts if no presiding member
Division 2—Quorum
4.8 Quorum for meetings
4.9 Reduction of quorum for Council meetings
4.10 Reduction of quorum for committee meetings
4.11 Procedure where no quorum to begin a meeting
4.12 Procedure where quorum not present during a meeting
4.13 Names to be recorded
PART 5—BUSINESS OF A MEETING
5.1 Business to be specified
5.2 Order of business
5.3 Motions of which previous notice has been given
5.4 New business of an urgent nature
5.5 Adoption by exception resolution
PART 6—PUBLIC PARTICIPATION
6.1 Meetings generally open to the public
6.2 Meetings not open to the public
6.3 Question time for the public
6.4 Question time for the public at certain meetings
6.5 Minimum question time for the public
6.6 Procedures for question time for the public
6.7 Other procedures for question time for the public
6.8 Distinguished visitors
6.9 Deputations
6.10 Petitions
6.11 Presentations
6.12 Participation at committee meetings
6.13 Council may meet to hear public submissions
6.14 Public Inspection of agenda materials
6.15 Confidentiality of information withheld
6.16 Recording of proceedings
6.17 Prevention of disturbance
PART 7—QUESTIONS BY MEMBERS
PART 8—CONDUCT OF MEMBERS
8.1 Members to be in their proper places
8.2 Respect to the Presiding Member
8.3 Titles to be used
8.4 Advice of entry or departure
8.5 Members to indicate their intention to speak
8.6 Priority of speaking
8.7 Presiding Member may take part in debates
8.8 Relevance
8.9 Speaking twice
8.10 Duration of speeches
8.11 No speaking after conclusion of debate
8.12 No interruption
8.13 Personal explanations
8.14 No reopening of discussion
8.15 Adverse reflection
8.16 Withdrawal of offensive language
PART 9—PRESERVING ORDER
9.1 Presiding Member to preserve order
9.2 Point of order
9.3 Procedures on a point of order
9.4 Calling attention to breach
9.5 Ruling by the Presiding Member
9.6 Continued breach of order
9.7 Right of Presiding Member to adjourn
24 April 2018 GOVERNMENT GAZETTE, WA 1369
PART 10—DEBATE OF SUBSTANTIVE MOTIONS
10.1 Motions to be stated and in writing
10.2 Motions to be supported
10.3 Unopposed business
10.4 Only one substantive motion at a time
10.5 Order of call in debate
10.6 Limit of debate
10.7 Member may require question to be read
10.8 Consent of seconder required for alteration
10.9 Order of amendments
10.10 Form of an amendment
10.11 Amendment must not negate original motion
10.12 Relevance of amendments
10.13 Mover of motion may speak on amendment
10.14 Effect of an amendment
10.15 Withdrawal of motion or amendment
10.16 Right of reply
PART 11—PROCEDURAL MOTIONS
11.1 Permissible procedural motions
11.2 No debate
11.3 Who may move
11.4 Procedural motions—right of reply on substantive motion
11.5 Meeting to proceed to the next business
11.6 Debate to be adjourned
11.7 Meeting now adjourn
11.8 Question to be put
11.9 Member to be no longer heard
11.10 Ruling of the Presiding Member to be disagreed with
PART 12—DISCLOSURE OF INTERESTS
12.1 Disclosure of interests
PART 13—VOTING
13.1 Question—when put
13.2 Voting
13.3 Majorities required for decisions
13.4 Method of taking vote
PART 14—MINUTES OF MEETINGS
14.1 Keeping of minutes
14.2 Content of minutes
14.3 Public inspection of unconfirmed minutes
14.4 Confirmation of minutes
PART 15—ADJOURNMENT OF MEETING
15.1 Meeting may be adjourned
15.2 Effect of adjournment
PART 16—REVOKING OR CHANGING DECISIONS
16.1 Requirements to revoke or change decisions
16.2 Limitations on powers to revoke or change decisions
16.3 Implementing a decision
PART 17—SUSPENSION OF LOCAL LAWS
17.1 Suspension of Local Laws
17.2 Where Local Laws do not apply
17.3 Cases not provided for in Local Laws
PART 18—MEETINGS OF ELECTORS
18.1 Electors’ general meetings
18.2 Matters for discussion at electors’ general meetings
18.3 Electors’ special meetings
18.4 Requests for electors’ special meetings
18.5 Convening electors’ meetings
18.6 Who presides at electors’ meetings
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18.7 Procedure for electors’ meetings
18.8 Participation of non-electors
18.9 Voting at electors’ meetings
18.10 Minutes of electors’ meetings
18.11 Decisions made at electors’ meetings
PART 19—ENFORCEMENT
19.1 Penalty for breach
19.2 Who can prosecute
24 April 2018 GOVERNMENT GAZETTE, WA 1371
LOCAL GOVERNMENT ACT 1995
SHIRE OF NORTHAM
STANDING ORDERS LOCAL LAW 2018
Under the powers conferred by the Local Government Act 1995 and under all other relevant powers,
the Shire of Northam resolved on 18 April 2018 to make the following local law.
PART 1—PRELIMINARY
1.1 Citation
This local law may be cited as the Shire of Northam—Standing Orders Local Law 2018.
1.2 Commencement
By virtue of s3.14 of the Act, these Local Laws come into operation 14 days after the date of their
publication in the Government Gazette.
1.3 Application and intent
(1) These Local Laws provide rules and guidelines which apply to the conduct of meetings of the
Council and its committees and to meetings of electors.
(2) All meetings are to be conducted in accordance with the Act, the Regulations and these Local
Laws.
(3) These Local Laws are intended to result in—
(a) better decision-making by the Council and committees;
(b) the orderly conduct of meetings dealing with Council business;
(c) better understanding of the process of conducting meetings; and
(d) the more efficient and effective use of time at meetings.
1.4 Interpretation
In these Local Laws unless the context otherwise requires—
Absolute majority has the meaning given to it in s1.4 Introductory Matters of the Act;
75% majority has the meaning given to it in s1.4 Introductory Matters of the Act;
Act means the Local Government Act 1995;
CEO means the Chief Executive Officer of the Local Government;
Committee means a committee of the Council established under s5.8 of the Act;
Committee meeting means a meeting of a committee;
Council means the Council of the Shire of Northam;
District means the district of the Shire of Northam;
Local Government means the Shire of Northam;
President means the President of the Local Government or other Presiding Member at a Council
meeting under s5.6 of the Act;
Meeting means a meeting of the Council or a committee, as the context requires;
Member has the meaning given to it in s1.4 Introductory Matters of the Act;
Presiding member means—
(a) in respect of the Council, the person presiding under s5.6 of the Act; and
(b) in respect of a committee, the person presiding under sections 5.12, 5.13 and 5.14 of the
Act;
Regulations means the Local Government (Administration) Regulations 1996;
Simple majority means more than 50% of the members present and voting; and,
Substantive motion means an original motion or an original motion as amended, but does not
include an amendment or a procedural motion.
(2) Unless otherwise defined in these Local Laws, the terms and expressions used in these Local Laws
are to have the meaning given to them in the Act and Regulations.
1372 GOVERNMENT GAZETTE, WA 24 April 2018
1.5 Repeal
This local law repeals the Shire of Northam Standing Orders Local Law 2008 as published in the
Government Gazette on 16 September 2008
1.6 Provisions of the Act, Regulations and other legislation
(1) Throughout these Local Laws, provisions of the Act and Regulations, and provisions of other
legislation, are reproduced in a boxed format.
(2) The purpose of reproducing these provisions is to assist the reader by giving a fuller picture of
related legislative provisions that also apply to meetings of the Council, committees and electors.
(3) The reproduced provisions of the Act and Regulations and other legislation—
(a) are to be treated as footnotes and are not part of these Local Laws (see section 32(2) of the
Interpretation Act 1984); and
(b) reproduce only the provisions that were in force at the time that the Council resolved to adopt
these Local Laws and therefore may not necessarily be correct at a future date.
PART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES
2.1 Establishment of committees
(1) The establishment of committees is dealt with in the Act.
(2) A Council resolution to establish a committee under s5.8 of the Act is to include—
(a) the terms of reference of the committee;
(b) the number of council members, officers and other persons to be appointed to the committee;
(c) the names or titles of the council members and officers to be appointed to the committee;
(d) the names of other persons to be appointed to the committee or an explanation of the
procedure to be followed to determine the appointments; and
(e) details of the delegation of any powers or duties to the committee under s5.16 of the Act.
(3) This local law is to apply to the conduct of committee meetings.
2.2 Types of committees
The types of committees are dealt with in s5.9 of the Act.
2.3 Delegation of some powers and duties to certain committees
The delegation of some powers and duties to certain committees is dealt with in s5.16 of the Act.
*Absolute Majority
2.4 Limits on delegation of powers and duties to certain committees
The limits on the delegation of powers and duties to certain committees are dealt with in s5.16 of the
Act. * Absolute Majority
2.5 Appointment of committee members
The appointment of committee members is dealt with in s5.10 of the Act. *Absolute Majority
2.6 Tenure of committee membership
Tenure of committee membership is dealt with in s5.11 of the Act.
2.7 Absence from committee meetings
If any member of a committee, other than the President, is absent from three consecutive meetings
without having obtained consent from the Council or committee, that member’s seat on the committee
will become vacant.
2.8 Resignation of committee members
The resignation of committee members is dealt with in regulation 4 of the Regulations.
2.9 Register of delegations to committees
The register of delegations to committees is dealt with in s5.18 of the Act.
2.10 Committees to report
A committee—
(a) is answerable to the Council; and
(b) is to report on its activities when, and to the extent, required by the Council.
2.11 Reports of committees to be taken as read
The reports and recommendations of every committee shall, when presented to the Council be taken
as read.
2.12 Confirmation of committees report
The confirmation and adoption of recommendations of the committee shall be moved by—
(a) the Chairperson of each committee;
(b) or if absent, another member of committee;
(c) if no member of committee is present, a member of the Council nominated by the President;
and it shall not be necessary to second the motion to adopt.
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2.13 Procedure of report of committees
(1) Upon the consideration by the Council or any report or recommendations of a committee, the
President shall, without further motion, put the recommendations, in numerical order, unless the
Council shall otherwise determine.
(2) Each item adopted by the Council shall become a resolution of the Council.
2.14 Withdrawal, correction and amendments of committees
(1) In moving, the adoption of a recommendation of any Committee, the mover may not propose any
amendment to any recommendation, except for the correction of a verbal or clerical error.
(2) The Presiding Member of a committee, may be excused from moving the adoption if the Presiding
Member wishes to move an amendment to it. In that case, another member of the Council may move
the confirmation and adoption of the recommendation.
(3) The Presiding Member or other members of a committee bringing up a recommendation may move
the confirmation and adoption of the recommendation.
2.15 Reports of committees—questions
When a recommendation of any committee of the Council is submitted for confirmation and adoption,
any member of that Council may direct questions directly relating to the recommendation—
(a) through the President;
(b) to the Presiding Member; or
(c) any member of the committee bringing up the recommendation. No argument or speeches are
permitted.
2.16 Procedure on amendments on reports of the committees
When an amendment is proposed with reference to the adoption or otherwise of any recommendation
of any committee, the amendment shall be disposed of before the other proceedings of the committee
are considered.
2.17 Non-related motions on reports of committees
A Member of the Council may not move any motion on any report or recommendation of any
committee which does not relate to the recommendations presented by the committee.
2.18 Recommendations of committees—inspection of plans
All plans referred to in the recommendations of the committee that may require the consideration of
the Council, shall lay on the table of the Council Chamber for the inspection of Members of the
Council at the meeting at which the matter is being considered.
2.19 Committee procedure
Each committee may, subject to the Act, these Standing Orders and any policy made by the Council,
regulate its own procedure.
2.20 Rights and responsibilities of members who are not committee members
Members who are not members of a committee may participate in the meeting, only at the invitation
of the Presiding Member but they are not entitled to vote.
2.21 Local law applies to committees
Unless otherwise specifically provided, the provisions of this local law apply generally to the
proceedings of committees, except for Clause 8.1
PART 3—CALLING AND CONVENING MEETINGS
3.1 Ordinary and special Council meetings
(1) Ordinary and special Council meetings are dealt with in s5.3 of the Act.
(2) An ordinary meeting of the Council, held on a monthly basis or otherwise as determined by the
Council, is for the purpose of considering and dealing with the ordinary business of the Council.
(3) A special meeting of the Council is held for the purpose of considering and dealing with Council
business that is urgent, complex in nature, for a particular purpose or confidential.
3.2 Calling council meetings
The calling of Council meetings is dealt with in s5.4 of the Act.
3.3 Convening council meetings
(1) The convening of a Council meeting is dealt with in s5.5 of the Act.
(2) Subject to subclause (3), the CEO is to give at least 72 hours notice, for the purposes of section 5.5,
in convening a special meeting of the Council.
(3) Where, in the opinion of the President or at least one-third of the Members, there is a need to meet
urgently, the CEO may give a lesser period of notice of a special Council meeting.
3.4 Calling committee meetings
The CEO is to call a meeting of any committee when requested by the President, the Presiding
Member of a committee or any two members of that committee.
1374 GOVERNMENT GAZETTE, WA 24 April 2018
3.5 Public notice of meetings
Public notice of meetings is dealt with in the regulation 12 of the Regulations.
3.6 Attendance by Telephone etc
Attending a meeting by telephone or other electronic media is dealt with in regulation 14A of the
Regulations.
3.7 Attendance by telephone etc after natural disaster
Attending a meeting by telephone or other electronic media after a natural disaster is dealt with in
regulation 14B of the Regulations.
PART 4—PRESIDING MEMBER AND QUORUM
Division 1—Who presides
4.1 Who presides
Who presides at a Council meeting is dealt with in s5.6 of the Act.
4.2 When the Deputy President can act
When the Deputy President can act is dealt with in s5.34 of the Act.
4.3 Who acts if no President
Who acts if there is no President is dealt with in s5.35 of the Act.
4.4 Election of presiding members of committees
The election of Presiding Members of committees and their deputies is dealt with in s5.12 of the Act.
4.5 Election of deputy presiding members of committees
The election of Deputy Presiding Members of committees is dealt with in s5.12 of the Act.
4.6 Functions of deputy presiding members
The functions of Deputy Presiding Members are dealt with in s5.13 of the Act.
4.7 Who acts if no presiding member
Who acts if no Presiding Member is dealt with in s5.14 of the Act.
Division 2—Quorum
4.8 Quorum for meetings
The quorum for meetings is dealt with in s5.19 of the Act.
4.9 Reduction of quorum for Council meetings
The power of the Minister to reduce the number for a quorum and certain majorities is dealt with in
s5.7 of the Act.
4.10 Reduction of quorum for committee meetings
The reduction of a quorum for committee meetings is dealt with in s5.15 of the Act. * Absolute Majority
4.11 Procedure where no quorum to begin a meeting
The procedure where there is no quorum to begin a meeting is dealt with in regulation 8 of the
Regulations.
4.12 Procedure where quorum not present during a meeting
If at any time during a meeting a quorum is not present, the Presiding Member is—
(a) immediately to suspend the proceedings of the meeting for a period of up to 15 minutes; and
(b) if a quorum is not present at the expiry of that period, the Presiding Member is to adjourn the
meeting to some future time or date.
4.13 Names to be recorded
At any meeting—
(a) at which there is not a quorum present; or
(b) which is adjourned for want of a quorum,
the names of the Members then present are to be recorded in the minutes.
PART 5—BUSINESS OF A MEETING
5.1 Business to be specified
(1) No business is to be transacted at any ordinary meeting of the Council other than that specified in
the agenda, without the approval of the Presiding Member or the Council.
(2) No business is to be transacted at a special meeting of the Council other than that given in the
notice as the purpose of the meeting.
24 April 2018 GOVERNMENT GAZETTE, WA 1375
(3) Subject to subclause (4), no business is to be transacted at an adjourned meeting of the Council
other than that—
(a) specified in the notice of the meeting which had been adjourned; and
(b) which remains unresolved.
(4) Where a meeting is adjourned to the next ordinary meeting of the Council then, unless the Council
resolves otherwise, the business unresolved at the adjourned meeting is to be dealt with before
considering Reports (Item 10) at that ordinary meeting.
5.2 Order of business
(1) The order of business of an ordinary meeting shall be as decided by the Presiding Member or the
CEO, unless the Council resolves what the order of business shall be.
(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, the provisions of the Act and
Regulations relating to the time at which public question time is to be held are to be observed. [See
section 5.24 of the Act; and regulations 6 & 7 of the Regulations]
5.3 Motions of which previous notice has been given
(1) Unless the Act, Regulations or these Local Laws 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 7 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) may with the concurrence of the President, exclude from the notice paper any notice of motion
deemed to be, or likely to involve, a breach of any of these Local Laws or any other written
law;
(b) will 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 Council 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 Council 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 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 before the next meeting.
5.5 Adoption by exception resolution
(1) In this clause ‘adoption by exception resolution’ means a resolution of the Council that has the
effect of adopting, for a number of specifically identified reports, the officer recommendation as the
Council resolution.
(2) Subject to subclause (3), the Local Government may pass an adoption by exception resolution.
(3) An adoption by exception resolution may not be used for a matter—
(a) that requires a 75% majority or a special majority;
(b) in which an interest has been disclosed;
(c) that has been the subject of a petition or deputation;
(d) that is a matter on which a Member wishes to make a statement; or
(e) that is a matter on which a Member wishes to move a motion that is different to the
recommendation.
PART 6—PUBLIC PARTICIPATION
6.1 Meetings generally open to the public
Meetings being generally open to the public is dealt with in s5.23 of the Act.
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6.2 Meetings not open to the public
(1) The CEO may, at any time, recommend that a meeting or part of a meeting be closed to members
of the public.
(2) The Council or a committee, in one or more of the circumstances dealt with in the Act, may at any
time, by resolution, decide to close a meeting or part of a meeting.
(3) If a resolution under subclause (2) is carried—
(a) the Presiding Member is to direct everyone to leave the meeting except—
(i) the Members;
(ii) the CEO; and
(iii) any Officer specified by the Presiding Member; and
(b) the meeting is to be closed to the public until, at the conclusion of the matter justifying the
closure of the meeting to the public, the Council or the committee, by resolution, decides
otherwise.
(4) A person who fails to comply with a direction under subclause (3)(a) may, by order of the Presiding
Member, be removed from the meeting.
(5) While the resolution under subclause (2) remains in force, the operation of clause 8.9 is to be
suspended until the Council or the committee, by resolution, decides otherwise.
(6) A resolution under this clause may be made without notice.
(7) Unless the Council resolves otherwise, once the meeting is reopened to members of the public, the
Presiding Member is to ensure that any resolution of the Council made while the meeting was closed
is to be read out including a vote of a Member to be included in the minutes.
6.3 Question time for the public
Question time for the public is dealt with in s5.24 of the Act.
6.4 Question time for the public at certain meetings
Question time for the public at certain meetings is dealt with in regulation 5 of the Regulations.
6.5 Minimum question time for the public
Minimum question time for the public is dealt with in regulation 6 of the Regulations.
6.6 Procedures for question time for the public
Procedures for question time for the public are dealt with in regulation 7 of the Regulations.
6.7 Other procedures for question time for the public
(1) A member of the public who raises a question during question time, is to state his or her name and
address.
(2) A question may be taken on notice by the Council for later response.
(3) When a question is taken on notice the CEO is to ensure that—
(a) a response is given to the member of the public in writing; and
(b) a summary of the response is included in the agenda of the next meeting of the Council.
(4) Where a question relating to a matter in which a relevant person has an interest is directed to the
relevant person, the relevant person is to—
(a) declare that he or she has an interest in the matter; and
(b) allow another person to respond to the question.
(5) Each member of the public with a question is entitled to ask up to 2 questions before other
members of the public will be invited to ask their questions.
(6) Where a member of the public provides written questions then the Presiding Member may elect for
the questions to be responded to as normal business correspondence.
(7) The Presiding Member may decide that a public question shall not be responded to where—
(a) the same or similar question was asked at a previous meeting, a response was provided and
the member of the public is directed to the minutes of the meeting at which the response was
provided;
(b) the member of the public uses public question time to make a statement, provided that the
Presiding Member has taken all 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 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.
24 April 2018 GOVERNMENT GAZETTE, WA 1377
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)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.
(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.
1378 GOVERNMENT GAZETTE, WA 24 April 2018
(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 the Shire of Northam Administration Office 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 pager is not audible during any meeting
of the Council.
(5) A person shall not behave in a manner that is contrary to the Criminal Code.
PART 7—QUESTIONS BY MEMBERS
7.1 (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 Officer at a Council meeting may ask a
question without notice and with the consent of the Presiding Member, may ask one or more further
questions of that Officer or another Officer present at the meeting.
(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.
24 April 2018 GOVERNMENT GAZETTE, WA 1379
PART 8—CONDUCT OF MEMBERS
8.1 Members to be in their proper places
(1) At the first meeting held after each election day, the CEO is to allot a position at the Council table
to each Member.
(2) Each Member is to occupy his or her allotted position at each Council meeting.
8.2 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.
8.3 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.
8.4 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.
8.5 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 and must stand when speaking at council meetings (excluding committee meetings.)
Standing is not required for a member who has an impairment which excludes his/her ability to
stand.
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, subject to
compliance with these Local Laws.
8.8 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 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.
8.9 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.
8.10 Duration of speeches
(1) A Member is not to speak on any matter for more than 5 minutes without the consent of the
Council 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.
1380 GOVERNMENT GAZETTE, WA 24 April 2018
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.
(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.
8.14 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.
8.15 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 expressions in reference to any Member, Officer or other person.
(4) A member must not make a statement that a local government employee is incompetent or
dishonest, either verbally or in writing.
(5) 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.
8.16 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 8.15-
(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, 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 immediately to sit down and every Member present 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 8.7, 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) any of these Local Laws; or
(b) any other written law.
(2) Despite anything in these Local Laws 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.
9.3 Procedures on a point of order
(1) A Member who is addressing the Presiding Member is not to be interrupted except on a point of
order.
(2) A Member interrupted on a point of order is to resume his or her seat until—
(a) the Member raising the point of order has been heard; and
(b) the Presiding Member has ruled on the point of order,
and, if permitted, the Member who has been interrupted may then proceed.
24 April 2018 GOVERNMENT GAZETTE, WA 1381
9.4 Calling attention to breach
A Member may, at any time, draw the attention of the Presiding Member to any breach of these Local
Laws.
9.5 Ruling by the Presiding Member
(1) The Presiding Member is to rule on any point of order which is raised by either upholding or
rejecting the point of order.
(2) A ruling by the Presiding Member on a point of order is to be final unless the majority of members
present and voting, on a motion moved immediately after the ruling, dissent from the ruling.
(3) Subject to a motion of dissent being carried under subclause (2), if the Presiding Member rules
that—
a statement made or act done by a Member is out of order, the Presiding Member may require the
Member to make an explanation, retraction or apology.
9.6 Continued breach of order
If a Member—
(a) persists in any conduct that the Presiding Member had ruled is out of order; or
(b) refuses to make an explanation, retraction or apology required by the Presiding Member
under clause 9.5(3), the Presiding Member may direct the Member to refrain from taking any
further part in the matter under discussion, other than by voting, and the Member is to
comply with that direction.
9.7 Right of Presiding Member to adjourn
(1) For the purpose of preserving or regaining order, the Presiding Member may adjourn the meeting
for a period of up to 15 minutes.
(2) On resumption, the debate is to continue at the point at which the meeting was adjourned.
(3) If, at any one meeting, the Presiding Member adjourns the meeting more than once for the
purpose of preserving or regaining order, the second or subsequent adjournment may be to a later
time on the same day or to another day.
PART 10—DEBATE OF SUBSTANTIVE MOTIONS
10.1 Motions to be stated and in writing
Any Member who wishes to move a substantive motion or an amendment to a substantive motion—
(a) is to state the substance of the motion before speaking to it; and
(b) if required by the Presiding Member, is to put the motion or amendment in writing.
10.2 Motions to be supported
(1) A substantive motion or an amendment to a substantive motion is not open to debate until it has
been seconded.
(2) A motion to revoke or change a decision made at a Council meeting is not open to debate unless
the motion has the support required under regulation 10 of the Regulations.
10.3 Unopposed business
(1) Immediately after a substantive motion has been moved and seconded, the Presiding Member may
ask the meeting if any Member opposes it.
(2) If no Member opposes the motion, the Presiding Member may declare it carried without debate
and without taking a vote.
(3) A motion declared carried under this clause is to be recorded in the minutes as a unanimous
decision of the Council.
(4) If a Member opposes a motion, the motion is to be dealt with under this Part.
(5) This clause does not apply to a motion to revoke or change a decision which has been made at a
Council meeting.
10.4 Only one substantive motion at a time
When a substantive motion is under debate at a meeting of the Council, no further substantive
motion is to be accepted. The Council is not to consider more than one substantive motion at any time.
10.5 Order of call in debate
The Presiding Member is to call speakers to a substantive motion in the following order—
(a) the mover to state the motion;
(b) a seconder to the motion;
(c) the mover to speak to the motion;
(d) a speaker against the motion;
(e) the seconder to speak to the motion
(f) a speaker for the motion;
(g) other speakers against and for the motion, alternating in view where possible; and
(h) mover takes right of reply which closes debate.
1382 GOVERNMENT GAZETTE, WA 24 April 2018
10.6 Limit of debate
The Presiding Member may offer the right of reply and put a substantive motion to the vote if he or
she believes that sufficient discussion has taken place even though all Members may not have spoken.
10.7 Member may require question to be read
A Member may require the question or matter under discussion to be read at any time during a
debate, but not so as to interrupt any other Member who is speaking.
10.8 Consent of seconder required for alteration
The mover of a substantive motion may not alter the wording of the motion without the consent of the
seconder.
10.9 Order of amendments
Any number of amendments may be proposed to a substantive motion, but when an amendment is
moved to a substantive motion, no second or subsequent amendment is to be moved or considered
until the first amendment has been withdrawn, carried or lost.
10.10 Form of an amendment
An amendment must add, delete, or substitute words to the substantive motion.
10.11 Amendment must not negate original motion
An amendment to a substantive motion cannot negate the original motion or the intent of the original
motion.
10.12 Relevance of amendments
Each amendment is to be relevant to the motion in respect of which it is moved.
10.13 Mover of motion may speak on amendment
Any Member may speak during debate on an amendment.
10.14 Effect of an amendment
If an amendment to a substantive motion is carried, the motion as amended then becomes the
substantive motion, on which any Member may speak and any further amendment may be moved.
10.15 Withdrawal of motion or amendment
(1) Subject to subclause (2), the Council may, without debate, grant leave to withdraw a motion or
amendment on the request of the mover of the motion or amendment and with the approval of the
seconder.
(2) Where an amendment has been proposed to a substantive motion, the substantive motion is not to
be withdrawn, except by consent of the majority of Members present, until the amendment proposed
has been withdrawn or lost.
10.16 Right of reply
(1) The mover of a substantive motion has the right of reply.
(2) The mover of any amendment to a substantive motion has a right of reply.
(3) The right of the reply may only be exercised—
(a) where no amendment is moved to the substantive motion—at the conclusion of the discussion
on the motion; or
(b) where one or more amendments have been moved to the substantive motion—at the
conclusion of the discussion on the substantive motion and any amendments.
(4) After the mover of the substantive motion has commenced the reply—
(a) no other Member is to speak on the question;
(b) there is to be no further discussion on, or any further amendment to, the motion.
(5) The right of the reply is to be confined to rebutting arguments raised by previous speakers and no
new matter is to be introduced.
(6) At the conclusion of the right of reply, the substantive motion, or the substantive motion as
amended, is immediately to be put to the vote.
PART 11—PROCEDURAL MOTIONS
11.1 Permissible procedural motions
In addition to the right to move an amendment to a substantive motion a Member may move the
following procedural motions—
(a) that the meeting proceed to the next item of business;
(b) that the debate be adjourned;
(c) that the meeting now adjourn;
(d) that the question be now put;
(e) that the Member be no longer heard;
(f) that the ruling of the Presiding Member be disagreed with;
(g) that the Standing Orders clause…. be suspended;
24 April 2018 GOVERNMENT GAZETTE, WA 1383
(h) that the Standing Orders be resumed;
(i) that the meeting be closed to the public (see clause 6.2).
(j) that the motion lie on the table
11.2 No debate
(1) The mover of a motion specified in paragraph (a), (b), (c), (f) or (g) of clause 11.1 may speak to the
motion for not more than five minutes, the seconder is not to speak other than to formally second the
motion, and there is to be no debate on the motion.
(2) The mover of a motion specified in paragraph (d) or (e) of clause 11.1 may not speak to the motion,
the seconder is not to speak other than to formally second the motion, and there is to be no debate on
the motion.
11.3 Who may move
No person who has moved, seconded, or spoken for or against the substantive motion, or any
amendment to the substantive motion, may move any procedural motion which, if carried, would close
the debate on the substantive motion or amendment.
11.4 Procedural motions—right of reply on substantive motion
The carrying of a procedural motion which closes debate on the substantive motion or amendment
and forces a decision on the substantive motion or amendment does not deny the right of reply to the
mover of the substantive motion.
11.5 Meeting to proceed to the next business
The motion “that the meeting proceed to the next business”, if carried, has the effect that—
(a) the debate on the substantive motion or amendment ceases immediately;
(b) no decision is made on the substantive motion;
(c) the Council moves to the next item of business; and
(d) there is no requirement for the matter to be raised again for consideration.
11.6 Debate to be adjourned
A motion “that the debate be adjourned”—
(a) is to state the time to which the debate is to be adjourned; and
(b) if carried, has the effect that all debate on the substantive motion or amendment ceases
immediately, but continues at the time stated in the motion.
11.7 Meeting now adjourn
(1) A Member is not to move or second more than one motion of adjournment during the same sitting
of the Council.
(2) Before putting the motion for the adjournment of the Council, the Presiding Member may seek
leave of the Council to deal first with matters that may be the subject of an adoption by exception
resolution.
(3) A motion “that the meeting now adjourn”—
(a) is to state the time and date to which the meeting is to be adjourned; and
(b) if carried, has the effect that the meeting is adjourned to the time and date specified in the
motion.
(4) A meeting adjourned under subclause (3) is to continue from the point at which it was adjourned,
unless the Presiding Member or the Council determines otherwise.
11.8 Question to be put
(1) If the motion “that the question be now put”, is carried during debate on a substantive motion
without amendment, the Presiding Member is to offer the right of reply and then put the motion to
the vote without further debate.
(2) If the motion “that the question be now put” is carried during discussion of an amendment, the
Presiding Member is to put the amendment to the vote without further debate.
(3) This motion, if lost, causes debate to continue.
11.9 Member to be no longer heard
If the motion “that the member be no longer heard”, is carried, the speaker against whom the motion
has been moved cannot speak further on the current substantive motion, or any amendment relating
to it, except to exercise the right of reply if he or she is the mover of the substantive motion.
11.10 Ruling of the Presiding Member to be disagreed with
If the motion “that the ruling of the Presiding Member be disagreed with”, is carried, that ruling is to
have no effect and the meeting is to proceed accordingly.
PART 12—DISCLOSURE OF INTERESTS
12.1 Disclosure of interests
Disclosure of interests is dealt with in Part 5 Division 6 of the Act.
1384 GOVERNMENT GAZETTE, WA 24 April 2018
PART 13—VOTING
13.1 Question—when put
(1) Immediately after the debate on any question is concluded and the right of reply has been
exercised, the Presiding Member—
(a) is to put the question to the Council; and
(b) if requested by any Member, is to again state the terms of the question.
(2) A Member is not to leave the meeting when the Presiding Member is putting any question.
13.2 Voting
Voting is dealt with in s5.21 of the Act and the Regulations.
13.3 Majorities required for decisions
The majorities required for decisions of the Council and committees are dealt with in the Act.
13.4 Method of taking vote
(1) In taking the vote on any motion or amendment the Presiding Member—
(a) is to put the question, first in the affirmative, and then in the negative;
(b) may put the question in this way as often as may be necessary to enable him or her to
determine whether the affirmative or the negative has the majority of votes;
(c) may accept a vote on the show of hands; and,
(d) is subject to this clause to declare the result.
(2) If a Member calls for a show of hands, the result of the vote is to be determined on the count of
raised hands.
(3) If a member of council or a committee specifically requests that there be recorded—
(a) his or her vote; or,
(b) the vote of all members present on a matter voted on at a meeting of the council or committee,
the person presiding is to cause the vote or votes, as the case may be, to be recorded in the
minutes.
(4) If a Member calls for a division—
(a) those voting in the affirmative are to pass to the right of the Chair; and
(b) those voting in the negative are to pass to the left of the Chair.
(5) For every division, the CEO is to record—
(a) the name of each member who voted; and
(b) whether he or she voted in the affirmative or negative.
PART 14—MINUTES OF MEETINGS
14.1 Keeping of minutes
The keeping and confirmation of minutes are dealt with in s5.22 of the Act.
14.2 Content of minutes
(1) The content of minutes is dealt with in regulation 11 of the Regulations.
(2) In addition to the matters required by regulation 11, the minutes of a Council meeting is to
include, where an application for approval is refused or the authorisation of a licence, permit or
certificate is withheld or cancelled, the reasons for the decision.
14.3 Public inspection of unconfirmed minutes
The public inspection of unconfirmed minutes is dealt with in regulation 13 of the Regulations.
14.4 Confirmation of minutes
(1) When minutes of an ordinary meeting of the Council are distributed for consideration prior to
their confirmation at the next meeting, if a Member is dissatisfied with the accuracy of the minutes,
the Member may provide the Local Government with a written copy of the alternative wording to
amend the minutes no later than 7 clear working days before the next ordinary meeting of the
Council.
(2) At the next ordinary meeting of the Council, the Member who provided the alternative wording
shall, at the time for confirmation of minutes—
(a) state the item or items with which he or she is dissatisfied; and
(b) propose a motion clearly outlining the alternative wording to amend the minutes.
(3) Members must not discuss items of business contained in the minutes, other than discussion as to
their accuracy as a record of the proceedings.
PART 15—ADJOURNMENT OF MEETING
15.1 Meeting may be adjourned
The Council may adjourn any meeting—
(a) to a later time on the same day; or
24 April 2018 GOVERNMENT GAZETTE, WA 1385
(b) to any other time on any other day, including a time which coincides with the conclusion of
another meeting or event.
15.2 Effect of adjournment
Where any matter, motion, debate or meeting is adjourned under these Local Laws—
(a) the names of Members who have spoken on the matter prior to the adjournment are to be
recorded in the minutes;
(b) debate is to be resumed at the next meeting at the point where it was interrupted; and
(c) the provisions of clause 8.9 [speaking twice] apply when the debate is resumed.
PART 16—REVOKING OR CHANGING DECISIONS
16.1 Requirements to revoke or change decisions
The requirements to revoke or change a decision made at a meeting are dealt with in regulation 10 of
the Regulations.
16.2 Limitations on powers to revoke or change decisions
(1) Subject to subclause (2), the Council or a committee is not to consider a motion to revoke or change
a decision—
(a) where, at the time the motion is moved or notice is given, any action has been taken under
clause 16.3 to implement the decision; or
(b) where the decision is procedural in its form or effect.
(2) The Council or a committee may consider a motion to revoke or change a decision of the kind
described in subclause (1)(a) if the motion is accompanied by a written statement of the legal and
financial consequences of carrying the motion.
16.3 Implementing a decision
(1) In this clause—
(a) “authorisation” means a licence, permit, approval or other means of authorising a person to
do anything;
(b) “implement”, in relation to a decision, includes—
(i) communicate notice of the decision to a person affected by, or with an interest in, the
decision; and
(ii) take any other action to give effect to the decision; and
(c) “valid notice of revocation motion” means a notice of motion to revoke or change a decision
that complies with the requirements of the Act, Regulations and the Local Laws and may be
considered, but has not yet been considered, by the Council or a committee as the case may
be.
(2) Subject to subclause (4), and unless a resolution is made under subclause (3), a decision made at a
meeting is not to be implemented by the CEO or any other person until the afternoon of the first
business day after the commencement of the meeting at which the decision was made.
(3) The Council or a committee may, by resolution carried at the same meeting at which a decision
was made, direct the CEO or another person to take immediate action to implement the decision.
(4) A decision made at a meeting is not to be implemented by the CEO or any other person—
(a) if, before commencing any implementation action, the CEO or that person is given a valid
notice of revocation motion; and
(b) unless and until the valid notice of revocation motion has been determined by the Council or
the committee as the case may be.
(5) The CEO is to ensure that members of the public attending the meeting are informed by an
appropriate notice that a decision to grant an authorisation—
(a) is to take effect only in accordance with this clause; and
(b) cannot be acted upon by the person who has been granted the authorisation unless and until
the decision has been implemented in accordance with this clause.
PART 17—SUSPENSION OF LOCAL LAWS
17.1 Suspension of Local Laws
(1) A Member may at any time move that the operation of one or more of the provisions of these Local
Laws be suspended and nominate which clause they wish to suspend.
(2) A Member moving a motion under subclause (1) is to state the reasons for the motion, but no other
discussion is to take place.
(3) A motion under subclause (1) which is—
(a) seconded; and
(b) carried by an absolute majority, is to suspend the operation of the clause or clauses to which
the motion relates for the duration of the meeting, unless the meeting earlier resolves
otherwise.
1386 GOVERNMENT GAZETTE, WA 24 April 2018
17.2 Where Local Laws do not apply
(1) In situations where—
(a) one or more provisions of these Local Laws have been suspended; or
(b) a matter is not regulated by the Act, the Regulations or this local law, the Presiding Member
is to decide questions relating to the conduct of the meeting.
(2) The decision of the Presiding Member under subclause (1) is final, except where a motion is moved
and carried under clause 11.10.
17.3 Cases not provided for in Local Laws
The Presiding Member is to decide questions of order, procedure, debate, or otherwise in cases where
these Local Laws, the Act or the Regulations are silent. The decision of the Presiding Member in
these cases is final, except where a motion is moved and carried under clause 11.10.
PART 18—MEETINGS OF ELECTORS
18.1 Electors’ general meetings
Electors’ general meetings are dealt with in s5.27 of the Act.
18.2 Matters for discussion at electors’ general meetings
The matters to be discussed at electors’ general meetings are dealt with in Regulation 15 of the
Regulations.
18.3 Electors’ special meetings
Electors’ special meetings are dealt with in s5.28 of the Act.
18.4 Requests for electors’ special meetings
Requests for electors’ special meetings are dealt with in regulation 16 of the Regulations.
18.5 Convening electors’ meetings
Convening electors’ meetings is dealt with in s5.29 of the Act.
18.6 Who presides at electors’ meetings
Who presides at electors’ meetings is dealt with in s5.30 of the Act.
18.7 Procedure for electors’ meetings
(1) The procedure for electors’ meetings is dealt with in s5.31 of the Act and regulation 18 of the
Regulations.
(2) In exercising his or her discretion to determine the procedure to be followed at an electors’
meeting, the Presiding Member is to have regard to these Local Laws.
18.8 Participation of non-electors
A person who is not an elector of the Local Government shall not take part in any discussion at an
electors’ meeting unless the meeting, by resolution, permits the person do so.
18.9 Voting at electors’ meetings
Voting at electors’ meetings is dealt with in Regulation 17 of the Regulations.
18.10 Minutes of electors’ meetings
Minutes of electors’ meetings are dealt with in s5.32 of the Act.
18.11 Decisions made at electors’ meetings
Decisions made at electors’ meetings are dealt with in s5.33 of the Act.
PART 19—ENFORCEMENT
19.1 Penalty for breach
A person who commits an offence under this local law is liable to a penalty of $1000 and where the
offence is of a continuing nature, to a daily penalty of $100 in respect of each day or part day during
which the offence has continued.
19.2 Who can prosecute
Who can prosecute is dealt with in the Act.
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Dated: 18 April 2018.
The Common Seal of the Shire of Northam was affixed by the authority of a resolution of Council in
the presence of—
MICHAEL RYAN, Deputy President.
JASON WHITEAKER, Chief Executive Officer.
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