SHIRE OF VICTORIA PLAINS
———————————
MEETING PROCEDURES
LOCAL LAW 2018
26 October 2018 GOVERNMENT GAZETTE, WA 4311
LOCAL GOVERNMENT ACT 1995
SHIRE OF VICTORIA PLAINS
MEETING PROCEDURES LOCAL LAW 2018
CONTENTS
PART 1—PRELIMINARY
1.1 Citation
1.2 Commencement
1.3 Application
1.4 Repeal
1.5 Definitions
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 Resignation of committee members
2.8 Register of delegations to committees
2.9 Committees to report
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
PART 4—PRESIDING MEMBER AND QUORUM
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
4.5 Election of deputy presiding members of committees
4.6 Functions of deputy presiding members
4.7 Who acts if no presiding member
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 Grant of leave of absence
5.4 Announcements by the presiding member
5.5 Motions of which previous notice has been given
5.6 New business of an urgent nature
5.7 Adoption by exception resolution
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PART 6—PUBLIC PARTICIPATION
6.1 Meetings generally open to the public
6.2 Closure of meetings 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 Presentation of petitions to Council
6.11 Presentation of gift or awards to Council
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
7.1 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 Official titles to be used
8.4 Entering or leaving a meeting
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
PART 10—DEBATE OF SUBSTANTIVE MOTIONS
10.1 Motions to be stated and in writing
10.2 Complex motions
10.3 Motions to be supported
10.4 Unopposed business
10.5 Only one substantive motion at a time
10.6 Order of call in debate
10.7 Limit of debate
10.8 Member may require motion to be read
10.9 Consent of seconder required for alteration
10.10 Order of amendments
10.11 Form of an amendment
10.12 Amendment must not negate original motion
10.13 Relevance of amendments
10.14 Mover of motion may speak on amendment
10.15 Effect of an amendment
10.16 Withdrawal of motion or amendment
10.17 Right of reply
26 October 2018 GOVERNMENT GAZETTE, WA 4313
PART 11—PROCEDURAL MOTIONS
11.1 Permissible procedural motions
11.2 No debate
11.3 Procedural motion—right of reply on substantive motion
11.4 Meeting to proceed to the next business
11.5 Debate to be adjourned
11.6 Meeting now adjourn
11.7 Ruling of the presiding member to be disagreed with
11.8 Meetings closed to the public
11.9 Question to be put
11.10 Member to be no longer heard
PART 12—DISCLOSURE OF INTERESTS
12.1 Disclosure of interests
PART 13—VOTING
13.1 Motion or amendment—when put
13.2 Majorities required for decisions
13.3 Voting
13.4 Method of taking vote
PART 14—MINUTES OF MEETINGS
14.1 Content of minutes
14.2 Keeping 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 LAW
17.1 Suspension of local law
17.2 Where local law does not apply
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
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
26 October 2018 GOVERNMENT GAZETTE, WA 4315
LOCAL GOVERNMENT ACT 1995
SHIRE OF VICTORIA PLAINS
MEETING PROCEDURES LOCAL LAW 2018
Under the powers conferred by the Local Government Act 1995 and under all other relevant powers,
the Council of the Shire of Victoria Plains resolved on 19 September 2018 to adopt the following local
law.
PART 1—PRELIMINARY
1.1 Citation
This local law may be cited as the Shire of Victoria Plains Meeting Procedures Local Law 2018.
1.2 Commencement
The local law comes into operation 14 days after the date of its publication in the Government Gazette.
1.3 Application
This local law provides rules and guidelines which apply to the conduct of meetings of the Council, its
committees and to meetings of electors.
1.4 Repeal
The Shire of Victoria Plains Local Law Relating to Standing Orders published in the Government
Gazette on 26 August 1997 is repealed.
1.5 Definitions
(1) In this local law unless the context otherwise requires—
absolute majority has the meaning given to it in section 1.4 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 section 5.8 of the Act;
committee meeting means a meeting of a committee;
Council means the Council of the local government;
employee means an employee of the local government and includes a person under
section 5.70(1) of the Act;
local government means the Shire of Victoria Plains;
meeting means a meeting of the Council, a committee or electors, as the context requires;
member has the meaning given to it in—
(a) section 1.4 of the Act; or
(b) section 5.10(1) of the Act;
original motion means the motion that first introduces a proposal to be considered at a meeting;
President means the President of the local government or other presiding member at a Council
meeting under section 5.6 of the Act;
presiding member means, as the context requires—
(a) in respect of the Council, the person presiding under section 5.6 of the Act;
(b) in respect of a committee, the person presiding under sections 5.12, 5.13, and 5.14 of the
Act; or
(c) in respect of an electors’ meeting, the person presiding under section 5.30 of the Act;
procedural motion means a motion used to control the conduct of a meeting;
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.
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(2) Unless otherwise defined in this local law, the terms and expressions used in this local law are to
have the meaning given to them in the Act and Regulations.
PART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES
2.1 Establishment of committees
(1) The establishment of committees is dealt with in section 5.8 of the Act.
(2) A Council resolution to establish a committee under section 5.8 of the Act is to include—
(a) the terms of reference of the committee;
(b) the number of Council members, employees and other persons to be appointed to the
committee;
(c) the names or titles of the Council members and employees 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 section 5.16 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 section 5.9 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 section 5.16 of the
Act.
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 section 5.17
of the Act.
2.5 Appointment of committee members
The appointment of committee members is dealt with in sections 5.10 and 5.11A of the Act.
2.6 Tenure of committee membership
Tenure of committee membership is dealt with in section 5.11 of the Act.
2.7 Resignation of committee members
The resignation of committee members is dealt with in regulation 4 of the Regulations.
2.8 Register of delegations to committees
The register of delegations to committees is dealt with in section 5.18 of the Act.
2.9 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.
PART 3—CALLING AND CONVENING MEETINGS
3.1 Ordinary and special Council meetings
(1) Ordinary and special Council meetings are dealt with in 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 section 5.4 of the Act.
3.3 Convening Council meetings
(1) The convening of a Council meeting is dealt with in section 5.5 of the Act.
(2) The CEO is to give at least 72 hours notice, for the purposes of section 5.5 of the Act, in convening
a special meeting of the Council, subject to subclause (3).
(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.
3.5 Public notice of meetings
Public notice of meetings is dealt with in regulation 12 of the Regulations.
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PART 4—PRESIDING MEMBER AND QUORUM
4.1 Who presides
Who presides at a Council meeting is dealt with in section 5.6 of the Act.
4.2 When the Deputy President can act
When the Deputy President can act is dealt with in section 5.34 of the Act.
4.3 Who acts if no President
Who acts if there is no President is dealt with in section 5.35 of the Act.
4.4 Election of presiding members of committees
The election of presiding members of committees is dealt with in section 5.12(1) of the Act.
4.5 Election of deputy presiding members of committees
The election of deputy presiding members of committees is dealt with in section 5.12(2) the Act.
4.6 Functions of deputy presiding members
The functions of deputy presiding members are dealt with in section 5.13 of the Act.
4.7 Who acts if no presiding member
Who acts if no presiding member is dealt with in section 5.14 of the Act.
4.8 Quorum for meetings
The quorum for meetings is dealt with in section 5.19 of the Act.
4.9 Reduction of quorum for Council meetings
The power of the Minister for to reduce the number for a quorum and certain majorities is dealt with
in section 5.7 of the Act.
4.10 Reduction of quorum for committee meetings
The reduction of a quorum for committee meetings is dealt with in section 5.15 the Act.
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 30 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
The names of the members then present are to be recorded in the minutes at any meeting—
(a) at which there is not a quorum present; or
(b) which is adjourned for want of a quorum.
PART 5—BUSINESS OF A MEETING
5.1 Business to be specified
(1) No business is to be transacted at any ordinary meeting other than that specified in the agenda,
without the approval of the presiding member or a decision of the members present.
(2) No business is to be transacted at a special meeting other than that given in the notice as the
purpose of the meeting.
(3) Where a meeting is adjourned to the next ordinary meeting then, the business unresolved at the
adjourned meeting is to be dealt with before considering Reports at that ordinary meeting.
(4) Where a meeting is adjourned to a meeting other than the next ordinary meeting, no business is to
be transacted at that later meeting other than that—
(a) specified in the notice of the meeting which had been adjourned; and
(b) which remains unresolved.
5.2 Order of business
(1) The order of business of an ordinary meeting of the Council shall be determined by the local
government from time to time, and shall include—
Declaration of Opening
1.1 Opening
1.2 Announcements by presiding member
Record of attendance—
2.1 Members present
2.2 Staff attending
2.3 Apologies
2.4 Approved leave of absence
2.5 Observers
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3. Disclosures of interest—
3.1 Financial
3.2 Proximity
3.3 Impartiality
4. Public Question Time—
4.1 Response to previous public questions taken on notice
4.2 Public questions without notice
5. Presentations and Deputations—
5.1 Presentations
5.2 Deputations
6. Applications for leave of absence
7. Confirmation of minutes
8. Reports requiring decision
9. Member motions of which previous notice has been given
10. New business of an urgent nature requiring decision introduced by decision of the meeting
11. Meeting closed to public—
11.1 Matters for which the meeting may be closed
11.2 Public reading of resolutions made during a closed meeting
12. Closure of meeting
(2) Unless otherwise decided by the committee, the order of business at any ordinary meeting of a
committee is to be as follows—
Declaration of Opening
1.1 Opening
1.2 Announcements by presiding member
Record of attendance—
2.1 Members present
2.2 Staff attending
2.3 Apologies
2.4 Approved leave of absence
Disclosures of interest—
3.1 Financial
3.2 Proximity
3.3 Impartiality
Public question time where a Committee has delegated authority—
4.1 Response to previous public questions taken on notice
4.2 Public questions without notice
Confirmation of minutes
Reports requiring decision
Member motions of which previous notice has been given
New business of an urgent nature requiring decision introduced by decision of the meeting
Meeting closed to public—
9.1 Matters for which the meeting may be closed
9.2 Public reading of resolutions made during a closed meeting
Closure of meeting
(3) Unless otherwise decided by the meeting, the order of business at any ordinary or special meeting
is to be the order in which that business stands in the agenda of the meeting.
(4) 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 Grant of leave of absence
The grant of leave of absence is dealt with in section 2.25 the Act.
5.4 Announcements by the presiding member
Announcements by the presiding member under item 1.2 of subclause 5.2(1) or item 1.2 of
subclause 5.2(2) are—
(a) to inform the meeting of official duties performed, or functions attended, by the President, or
of other matters of importance to the meeting, of which the meeting has not previously been
informed;
(b) to be brief and concise; and
(c) to be completed within ten minutes.
5.5 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 seven 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;
26 October 2018 GOVERNMENT GAZETTE, WA 4319
(b) will inform members on each occasion that a notice has been excluded and the reasons for
that exclusion;
(c) after consultation with the member where this is practicable, may 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 members 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 three months from the date of such lapse.
5.6 New business of an urgent nature
(1) In cases of 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 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 or committee before the next
meeting.
5.7 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 CEO 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 an absolute majority;
(b) in which a financial or proximity 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 section 5.23(1) of the Act.
6.2 Closure of meetings 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 section 5.23(2) of 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, unless a relevant interest is declared; and
(ii) any employee 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) A resolution under this clause may be made without notice.
(6) Unless the meeting resolves otherwise, once the meeting is reopened to members of the public, the
presiding member is to ensure that any resolution 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 section 5.24 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.
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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 or committee 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 or
committee.
(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) A member of the public shall have two minutes to submit a question or questions, unless the
presiding member agrees to extend the time permitted.
(6) Each member of the public with a question is entitled to ask up to two questions before other
members of the public will be invited to ask their questions.
(7) 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.
(8) 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.
(9) The presiding member may agree to extend public question time beyond the prescribed 15
minutes, but not more than an additional 15 minutes.
(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.
(11) A person addressing the meeting is to cease that address immediately after being directed to do
so by the presiding member.
(12) A person who fails to comply with a direction of the presiding member under subclause (11) may,
by order of the presiding member, be removed from the meeting.
6.8 Distinguished visitors
If a distinguished visitor is present at a meeting, 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.
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) Unless the council resolves otherwise, a deputation invited to attend a Council meeting—
(a) is not to exceed five persons, only two of whom may address the Council, although others may
respond to specific questions from members;
(b) is not to address the Council for a period exceeding ten minutes without the prior agreement
of the presiding member under subclause (1) or resolution of Council; and
(c) additional members of the deputation may be allowed to speak with the permission of the
presiding member.
(4) A person addressing the meeting is to cease that address immediately after being directed to do so
by the presiding member in order to preserve order, the time permitted has expired or the
presentation has diverged from the purpose of the deputation.
(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 meeting.
(6) 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.
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6.10 Presentation of petitions to Council
(1) A petition to the local government 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 employee
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 Presentation of gift or awards to Council
(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 or 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) A member may attend, as an observer, any meeting of a committee of which he or she is not a
member or the deputy of a member, but is to sit in an area set aside for observers separated from the
committee members.
(3) Without the consent of the presiding member, no person is to address a committee meeting.
(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 meeting.
(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 to be the subject of
a number of deputations, the meeting may resolve to meet at another time to provide a greater
opportunity to be heard.
(2) The CEO and the President or presiding member 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 meeting will be
held 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, and shall not
make any resolution.
(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 ten 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 held under subclause (1).
(9) The Council must not resolve on the matter that is the subject of a meeting under subclause (1)
until it has received the CEO’s report under subclause (8).
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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 office of the local government.
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 meeting under the item Matters for which meeting may be closed;
(b) marked Confidential in the agenda; and
(c) kept confidential by members and employees until the Council resolves or the CEO
determines otherwise.
(2) A member or an employee 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 employee to the
extent necessary for the purpose of carrying out his or her duties.
(3) Subclause (2) does not apply where a member or employee 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 a 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 Prevention of disturbance
(1) A reference in this clause to a person is to a person other than a member.
(2) A person addressing a meeting shall extend due courtesy and respect to the members 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 audible pager is not audible or used
during any meeting.
(5) The presiding member may expel a person from the meeting by ordering the person to leave the
meeting room, if—
(a) after being warned, the person again acts contrary to this clause, or to this local law; or
(b) a person refuses or fails to comply with a direction of the presiding member.
(6) A person who is ordered to leave the meeting room and fails to do so may by order of the presiding
member, be removed from the meeting room, and if the presiding member orders, from the premises.
(7) A person in breach of this clause is subject to the penalties specified in clause 19.1.
(8) A person shall not behave in a manner that is contrary to section 75 of the Criminal Code.
PART 7—QUESTIONS BY MEMBERS
7.1 Questions by members
(1) Members may ask questions of the CEO relating to an item on the notice paper.
(2) A member asking question at a meeting may ask a question without notice and with the consent of
the presiding member, may ask one or more further questions.
(3) Where possible the CEO 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 CEO may request that—
(a) the question be placed on notice for the next meeting; 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 discussion, except to the extent necessary to explain the question
or answer.
(5) In answering any question, the CEO 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 Members to be in their proper places
(1) At the first meeting held after each ordinary elections day, the CEO is to allot by random draw, a
position at the Council table to each member, and the member is to occupy that position when present
26 October 2018 GOVERNMENT GAZETTE, WA 4323
at meetings of the Council until such time as there is a call by a majority of members for a re-
allotment of positions.
(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 meeting has been commenced, a member is not to enter or leave the meeting
without first paying due respect to the presiding member.
8.3 Official 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 Entering or leaving a meeting
(1) During the course of a meeting, 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, and ensuring a quorum is present in the meeting.
(2) Where a member is leaving a meeting and does not intend to return, the member is to advise the
presiding member of such prior to departing.
8.5 Members to indicate their intention to speak
A member 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 presiding member.
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 meeting, subject to
compliance with this local law.
8.8 Relevance
(1) A member is to restrict his or her remarks to—
(a) the motion or amendment under discussion;
(b) a personal explanation; or
(c) a point of order.
(2) The presiding member may at any time—
(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.
8.9 Speaking twice
Without the consent of the presiding member, a member is not to address a meeting 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
A member is not to speak on any matter for more than five minutes without the consent of the
meeting which, if given, is to be given without debate.
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 under clause 11.1(g).
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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 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 or committee except on a motion
that the decision be revoked or changed under Part 16.
(2) Unless the meeting resolves, without debate, that the motion then before the meeting cannot
otherwise be adequately considered, a member is not—
(a) to reflect adversely on the character or actions of another member or employee; or
(b) to impute any motive to a member or employee.
(3) A member is not to use offensive or objectionable expressions in reference to any member,
employee 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 or committee may, by resolution, decide to record those words in the minutes.
8.16 Withdrawal of offensive language
(1) A member must withdraw the expression and make a satisfactory apology when directed by the
presiding member, if the presiding member is of the opinion that an expression used by the member—
(a) in the absence of a resolution under subclause 8.15(2)—
(i) reflects adversely on the character or actions of another member or employee; or
(ii) imputes any motive to a member or employee; or
(b) is offensive or insulting.
(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 considered 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, 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) 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.
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 shall not continue until permitted, but is to remain
silent until—
(a) the member raising the point of order has been heard; and
(b) the presiding member has ruled on the point of order.
9.4 Calling attention to breach
A member may, at any time, draw the attention of the presiding member to any breach of this local
law.
26 October 2018 GOVERNMENT GAZETTE, WA 4325
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—
(a) is not to be the subject of debate or comment except to move or vote on a motion under
paragraph (b); and
(b) is to be final unless the majority of members then 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) any motion, amendment or other matter before the meeting is out of order, it is not to be
considered further; and
(b) 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
The presiding member may direct the member to refrain from taking any further part in the debate of
that item, other than by voting, and the member is to comply with that direction, 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).
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 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 Complex motions
The presiding member may require that a complex substantive motion, or a complex amendment to a
substantive motion, is to be broken down and put in the form of more than one motion, each of which
is to be put in sequence.
10.3 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 or committee meeting is not open to
debate unless the motion has the support required under regulation 10 of the Regulations.
10.4 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 meeting.
(4) This clause does not apply—
(a) if a member opposes a motion; or
(b) to a motion to revoke or change a decision which has been made at a Council or committee
meeting.
10.5 Only one substantive motion at a time
(1) When a substantive motion is under debate at a meeting, no further substantive motion is to be
accepted.
(2) The meeting is not to consider more than one substantive motion at any time.
10.6 Order of call in debate
The presiding member—
(a) is to manage debate in any manner considered appropriate to fully consider and determine
the business before the meeting; and
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(b) is to call speakers to a substantive motion or amendment in the following order—
(i) the mover to state the motion;
(ii) a seconder to the motion;
(iii) the mover to speak to the motion;
(iv) the seconder to speak to the motion;
(v) a speaker against the motion;
(vi) a speaker for the motion;
(vii) other speakers against and for the motion, alternating where possible; and
(viii) mover takes right of reply which closes debate.
10.7 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.
10.8 Member may require motion to be read
A member may require the motion under discussion to be read at any time during a debate, but not so
as to interrupt any other member who is speaking.
10.9 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.
10.10 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.
10.11 Form of an amendment
An amendment must add, delete, or substitute words to the substantive motion.
10.12 Amendment must not negate original motion
An amendment to a substantive motion cannot negate the original motion or the intent of the original
motion.
10.13 Relevance of amendments
Each amendment is to be relevant to the motion in respect of which it is moved.
10.14 Mover of motion may speak on amendment
Any member may speak during debate on an amendment consistent with subclause 10.6(b).
10.15 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.
10.16 Withdrawal of motion or amendment
(1) Subject to subclause (2), the meeting 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.
10.17 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 motion;
(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.
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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 ruling of the presiding member be disagreed with;
(e) that the meeting be closed to the public;
(f) that the question be now put; and
(g) that the member be no longer heard.
11.2 No debate
(1) The mover of a motion specified in subclause 11.1(a), (b), (c), (d) or (e) may speak to the motion for
not more than two 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 subclause 11.1(f) or (g) 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 Procedural motion—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.
11.4 Meeting to proceed to the next business
(1) The motion that the meeting proceed to the next item of 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 meeting moves to the next item of business; and
(d) there is no requirement for the matter to be raised again for consideration.
(2) No person who has moved, seconded, or spoken for or against the substantive motion, or any
amendment to the substantive motion, may move a motion to proceed to the next business.
11.5 Debate to be adjourned
A motion that the debate be adjourned—
(a) is to state the time and date or circumstances 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.
11.6 Meeting now adjourn
(1) A motion that the meeting now adjourn—
(a) is to state the time and date or circumstances 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 or circumstances
specified in the motion.
(2) A member is not to move or second more than one motion of adjournment during the same sitting
of the Council or committee.
(3) Before putting the motion for the adjournment of the meeting, the presiding member may seek
leave of the meeting to deal first with matters that may be the subject of an adoption by exception
resolution under clause 5.7.
(4) A meeting adjourned under subclause (1) is to continue from the point at which it was adjourned,
unless the presiding member or the meeting determines otherwise.
11.7 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.
11.8 Meetings closed to the public
Closure of meetings to the public is dealt with under clause 6.2.
11.9 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) No person who has moved, seconded, or spoken for or against the substantive motion, or any
amendment to the substantive motion, may move the motion.
(3) If the motion is carried during discussion of an amendment, the presiding member is to put the
amendment to the vote without further debate.
(4) If the motion is lost, debate is to continue.
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11.10 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.
PART 12—DISCLOSURE OF INTERESTS
12.1 Disclosure of interests
Disclosure of interests is dealt with in Division 6 of Part 5 of the Act.
PART 13—VOTING
13.1 Motion or amendment—when put
(1) Immediately after the debate on any motion or amendment is concluded and the right of reply has
been exercised, the presiding member—
(a) is to put the motion or amendment to the meeting; and
(b) if requested by any member, is to again state the terms of the motion or amendment.
(2) A member is not to leave the meeting when the presiding member is putting any motion or
amendment.
13.2 Majorities required for decisions
The majorities required for decisions of the Council and committees are dealt with in section 5.20 of
the Act.
13.3 Voting
Voting is dealt with in section 5.21 of the Act and regulation 9 of the Regulations.
13.4 Method of taking vote
(1) In taking the vote on any motion or amendment the presiding member—
(a) is to put the motion, first in the affirmative, and then in the negative;
(b) may put the motion in this way as often as may be necessary to enable determination
whether the affirmative or the negative has the majority of votes;
(c) may accept a vote on the voices or may require a show of hands; and
(d) subject to this clause, is 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.
PART 14—MINUTES OF MEETINGS
14.1 Content of minutes
(1) The content of minutes is dealt with in regulation 11 of the Regulations.
(2) Recording of names of those voting is under section 5.21(4) of the Act.
(3) In addition to the matters required by regulation 11 of the Regulations, the minutes of a meeting
is to include—
(a) 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; and
(b) the number of members present voting for or against a motion or amendment.
14.2 Keeping of minutes
The keeping and confirmation of minutes are dealt with in section 5.22 of the Act.
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 or committee 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 seven clear working days before the next
ordinary meeting of the Council or committee.
(2) At the next ordinary meeting of the Council or committee, 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.
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PART 15—ADJOURNMENT OF MEETING
15.1 Meeting may be adjourned
The Council or committee may adjourn a meeting—
(a) to a later time on the same day; or
(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 this local law, debate is to be
resumed at the next meeting at the point where it was interrupted.
PART 16—REVOKING OR CHANGING DECISIONS
16.1 Requirements to revoke or change decisions
(1) The requirements to revoke or change a decision made at a meeting are dealt with in regulation 10
of the Regulations.
(2) For avoidance of doubt, this Part applies to committees exercising delegated authority of Council.
16.2 Limitations on powers to revoke or change decisions
(1) Subject to subclause (2), a meeting 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) A meeting 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—
authorisation means a licence, permit, approval or other means of authorising a person to do
anything;
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
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) 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.
(3) A decision made at a meeting is not to be implemented by the CEO or any other person—
(a) subject to subclause (2), until the afternoon of the first business day after the commencement
of the meeting at which the decision was made; or
(b) if the CEO or that person is given a valid notice of revocation motion before commencing any
implementation action; and
(c) unless and until the valid notice of revocation motion has been determined by the Council or
the committee as the case may be.
(4) The CEO is to ensure that members of the public attending the meeting are informed by an
appropriate notice at the commencement of both agenda and minutes of the meeting, 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 LAW
17.1 Suspension of local law
(1) A member may at any time move that the operation of one or more of the provisions of this local
law be suspended.
(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) is to—
(a) be seconded;
(b) be carried by absolute majority; and
(c) is to suspend the operation of the clause or clauses to which the motion relates for the
duration of the meeting, unless the meeting resolves otherwise.
4330 GOVERNMENT GAZETTE, WA 26 October 2018
17.2 Where local law does not apply
(1) The presiding member is to decide any question relating to the conduct of the meeting in
situations where—
(a) one or more provisions of this local law have been suspended; or
(b) a matter is not regulated by the Act, the Regulations or this local law.
(2) The decision of the presiding member under subclause (1) is final, except where a motion is moved
and carried under clause 11.7.
(3) Notwithstanding the provisions of subclause (1), the presiding member may call for a vote on a
ruling open to him or her under subclause (1).
(4) The vote is to be taken without a motion and without debate and the presiding member shall be
bound by the outcome of the vote.
PART 18—MEETINGS OF ELECTORS
18.1 Electors’ general meetings
Electors’ general meetings are dealt with in section 5.27 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 section 5.28 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 section 5.29 of the Act.
18.6 Who presides at electors’ meetings
Who presides at electors’ meetings is dealt with in section 5.30 of the Act.
18.7 Procedure for electors’ meetings
(1) The procedure for electors’ meetings is dealt with in section 5.31 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 this local law.
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 section 5.32 of the Act.
18.11 Decisions made at electors’ meetings
Decisions made at electors’ meetings are dealt with in section 5.33 of the Act.
PART 19—ENFORCEMENT
19.1 Penalty for breach
A person who breaches a provision of this local law commits an offence, and is liable for a penalty up
to $1,000, and if the breach is of a continuing nature, a further penalty of up to $100 in respect of
each day during which the offence has continued.
19.2 Who can prosecute
Who can prosecute is dealt with in section 9.24(2) the Act.
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Dated 19 September 2018.
The Common Seal of the Shire of Victoria Plains was affixed by authority of a resolution of Council in
the presence of—
D. S. LOVELOCK, Shire President.
G. M. TEEDE, Chief Executive Officer.
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