LOCAL GOVERNMENT ACT 1995
SHIRE OF NAREMBEEN
STANDING ORDERS LOCAL LAW 2020
ARRANGEMENT
PART 1—PRELIMINARY
1.1 Citation
1.2 Commencement
1.3 Purpose and intent
1.4 Application
1.5 Repeal
1.6 Interpretation
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 Convening committee meetings
3.6 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 Motions of which previous notice has been given
5.4 New business of an urgent nature
5.5 Motions without notice
5.6 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 Standard of conduct
6.18 Right of reply
PART 7—QUESTIONS BY MEMBERS
7.1 With due notice
7.2 Without due notice
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
PART 10—DEBATE OF MEMBERS
10.1 Recommendations in reports
10.2 Alternative motion
10.3 Motions to be stated and in writing
10.4 Motions to be supported
10.5 Unopposed business
10.6 Only one substantive motion at a time
10.7 Order of call in debate
10.8 Limit of debate
10.9 Member may require question to be read
10.10 Consent of seconder required for alteration
10.11 Order of amendments
10.12 Form of an amendment
10.13 Amendment must not negate original motion
10.14 Relevance of amendments
10.15 Mover of motion may speak on amendment
10.16 Effect of an amendment
10.17 Withdrawal of motion or amendment
10.18 Right of reply
10.19 Foreshadowing alternative motions
PART 11—PROCEDURAL MOTION
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 INTEREST
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 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
SCHEDULE 1—PETITION OF ELECTORS OF THE SHIRE OF NAREMBEEN
LOCAL GOVERNMENT ACT 1995
SHIRE OF NAREMBEEN
STANDING ORDERS LOCAL LAW 2020
Under the powers conferred by the
Local Government Act 1955 and under all other powers enabling
it, the Council of the Shire of Narembeen resolved on 20th May 2020 to make the following local law.
PART 1—PRELIMINARY
1.1 Citation
This local law may be cited as the
Shire of Narembeen Standing Orders Local Law 2020.
1.2 Commencement
This local law comes into operation 14 days after the date of its publication in the
Government
Gazette
1.3 Purpose and intent
(1) The purpose of the local law is to provide for the conduct of meetings of the Council, Committees
and electors.
(2) This local law is intended to result in—
(a) better decision-making at meetings;
(b) the orderly and efficient conduct of meetings;
(c) greater community participation and understanding of the business of the Council; and
(d) more open and accountable local government.
1.4 Application
All meetings of the Council, committees and the electors are to be conducted in accordance with the
Act, the Regulations and this local law.
1.5 Repeal
This local law repeals the
Municipality of the Shire of Narembeen Adoption of Draft Model By-law
relating to Standing Orders No. 4 as published in the
Government Gazette on 7 December 1979.
1.6 Interpretation
In this local law, unless the contrary intention appears—
absolute majority has the meaning given to it in the Act;
Act means the
Local Government Act 1995;
CEO means the Chief Executive Officer of the Shire;
committee means a committee of the council (established under section 5.8 of the Act);
Council means the Council of the Shire;
Councillor has the same meaning as is given to it in the Act;
Deputy President means the deputy president of the Shire;
district means the district of the local government;
employee has the same meaning as is given to it in the Act;
Local Government means the Shire;
meeting means a meeting of the Council or of a committee, or an electors’ meeting, as the context
requires;
member has the same meaning as given to it in the Act;
Minister means the Minister responsible for administering the Act;
minor amendment in relation to a motion, means an amendment which does not alter the basic
intent of the motion to which the amendment applies;
President means the president of the Shire;
presiding person means the person presiding at a meeting;
Regulations means the
Local Government (Administration) Regulations 1996;
Rules of Conduct Regulations means
the Local Government (Rules of Conduct) Regulations 2007,
Shire means the Shire of Narembeen;
simple majority means more than 50% of the members present and voting;
substantive motion means an original motion, or an original motion as amended, but does not
include an amendment motion or a procedural motion.
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 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 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 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 the Act.
2.5 Appointment of committee members
The appointment of committee members is dealt with in the Act.
2.6 Tenure of committee membership
Tenure of committee membership is dealt with in the Act.
2.7 Resignation of committee members
The resignation of committee members is dealt with in the Regulations.
2.8 Register of delegations to committees
The register of delegations to committees is dealt with in 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 the Act.
3.3 Convening Council meetings
(1) The convening of a Council meeting is dealt with in the Act.
(2) Subject to subclause (3), 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.
(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
A meeting of a committee is to be held—
(a) If called for in a verbal or written request to the CEO by the President or the presiding
member of the committee, advising the date and purpose of the proposed meeting;
(b) If called for by at least one-third of the members of the committee in a notice to the CEO,
setting out the date and purpose of the proposed meeting; or
(c) In accordance with a decision of the Council or the committee.
3.5 Convening committee meetings
(1) The CEO is to convene a committee meeting by giving each member of the committee notice of the
date, time and place of the meeting and an agenda for the meeting
(2) Subject to subclause (3), the CEO is to give at least 72 hours’ notice, for the purposes of
subclause (1), in convening a meeting of a committee.
(3) Where, in the opinion of the President, the presiding member of the committee or at least one-
third of the members of the committee, there is a need to meet urgently, the CEO may give a lesser
period of notice of a committee meeting.
3.6 Public notice of meetings
Public notice of meetings is dealt with in 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 the Act.
4.2 When the Deputy President can act
When the Deputy President can act is dealt with in the Act.
4.3 Who acts if no President
Who acts if there is no President is dealt with in the Act.
4.4 Election of presiding members of committees
The election of presiding members of committees and their deputies is dealt with in the Act.
4.5 Election of deputy presiding members of committees
The election of deputy presiding members of committees is dealt with in the Act.
4.6 Functions of deputy presiding members
The functions of deputy presiding members are dealt with in the Act.
4.7 Who acts if no presiding member
Who acts if no presiding member is dealt with in the Act.
Division 2: Quorum
4.8 Quorum for meetings
The quorum for meetings is dealt with in 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
the Act.
4.10 Reduction of quorum for committee meetings
The reduction of a quorum for committee meetings is dealt with in 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 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
which is adjourned for want of a quorum,
(b) 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.
(3) No business is to be transacted at a committee meeting other than that specified in the agenda or
in the notice of the meeting as the purpose of the meeting, without the approval of the presiding
member or the committee.
(4) Where a Council meeting is adjourned to the next ordinary meeting of the Council, the business
unresolved at the meeting that is adjourned is to be dealt with as soon as practicable after the
confirmation of the minutes of the previous meeting.
(5) Where a committee meeting is adjourned to the next ordinary committee meeting, the business
unresolved at the meeting that is adjourned is to be dealt with as soon as practicable after the
confirmation of the minutes of the previous meeting.
(6) Where a Council or committee meeting is adjourned to a meeting not described in subclauses (4)
or (5), no business is to be transacted at that later meeting other than that—
(a) is specified in the notice of the meeting that is adjourned; and
(b) which remains unresolved.
5.2 Order of business
(1) The order of business of an ordinary meeting of the Council or a committee must be determined by
the Council from time to time.
(2) Unless otherwise decided by the Council, the order of business at any special meeting of the
Council is to be the order in which that business stands in the agenda of the meeting.
(3) In determining the order of business for any meeting of the Council or a committee, the provisions
of the Act and Regulations relating to the time at which public question time is to be held are to be
observed.
5.3 Motions of which previous notice has been given
(1) Unless the Act, Regulations or this local law otherwise provide, a member may raise at a meeting
such business as he or she considers appropriate, in the form of a motion, of which notice has been
given in writing to the CEO and which has been included on the agenda.
(2) A notice of motion under subclause (1) is to be given at least 5 clear working days before the
meeting at which the motion is moved.
(3) A notice of motion is to relate to the good governance of the district.
(4) The CEO—
(a) with the concurrence of the President, may exclude from the notice paper any notice of motion
deemed to be, or likely to involve, a breach of any of this local law or any other written law;
(b) must inform members on each occasion that a notice has been excluded and the reasons for
that exclusion;
(c) may, after consultation with the member where this is practicable, make such amendments to
the form but not the substance as will bring the notice of motion into due form; and
(d) may provide to the meeting relevant and material facts and circumstances pertaining to the
notice of motion on such matters as policy, budget and law.
(5) A motion of which notice has been given is to lapse unless—
(a) the member who gave notice of it, or some other member authorised by the originating
member in writing, moves the motion when called on; or
(b) the meeting on a motion agrees to defer consideration of the motion to a later stage or date.
(6) If a notice of motion is given and lapses under subclause (5), notice of a motion in the same terms
or to the same effect is not to be given again for at least 3 months from the date of such lapse.
5.4 New business of an urgent nature
(1) In cases of extreme urgency or other special circumstances, matters may, on a motion by the
presiding member that is carried by the meeting, be raised without notice and decided by the
meeting.
(2) In subclause (1), ‘cases of extreme urgency or other special circumstances’ means matters—
(a) that have arisen after the preparation of the agenda that are considered by the presiding
member to be of such importance and urgency that they are unable to be dealt with
administratively by the Local Government and must be considered and dealt with by the
Council or committee before the next meeting; and
(b) that, if not dealt with at the meeting, are likely to—
(i) have a significant adverse effect (financially or otherwise) on the Local Government; or
(ii) result in a contravention of a written law.
(3) Before debate begins on a matter under this clause that is not the subject of a written employee
report to the meeting—
(a) the presiding member is to ask the CEO to give; and
(b) the CEO, or the CEO’s nominee, is to give,
a verbal report to the meeting.
(4) The minutes of the meeting are to include—
(a) a summary of the verbal report and any recommendations of the CEO or the CEO’s nominee;
and
(b) the reasons for any decision made at the meeting that is significantly different from any
advice or recommendations of the CEO or the CEO’s nominee.
5.5 Motions without notice
A motion moved without notice, must be worded so as to refer to a particular matter for investigation
and report to a committee for consideration of the Council at a later date, or directly to Council.
5.6 Adoption by exception resolution
(1) In this clause ‘adoption by exception resolution’ means a resolution of the Council that has the
effect of adopting, recommendations from any committee or, for a number of specifically identified
reports, the employee recommendation as the Council resolution.
(2) Subject to subclause (3), the Council 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 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 the Act.
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;
(iii) 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) 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 the vote of a member or members that is required under clause 13.4(3) to
be included in the minutes.
6.3 Question time for the public
Question time for the public is dealt with in the Act.
6.4 Question time for the public at certain meetings
Question time for the public at certain meetings is dealt with in the Regulations.
6.5 Minimum question time for the public
Minimum question time for the public is dealt with in the Regulations.
6.6 Procedures for question time for the public
Procedures for question time for the public are dealt with in 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 a 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 the
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) 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.
(6) The presiding member may decide that a public question must 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 reasonable steps to assist the member of the public to phrase the
statement as a question; or
(c) the member of the public asks a question that is offensive or defamatory in nature, provided
that the presiding member has taken reasonable steps to assist the member of the public to
phrase the question in a manner that is not offensive or defamatory.
(7) The presiding member may agree to extend public question time.
(8) Where an answer to a question is given at a meeting, a summary of the question and the answer is
to be included in the minutes.
(9) In this clause: “relevant person” has the same meaning as in section 5.59 of the Act.
6.8 Distinguished visitors
If a distinguished visitor is present at a meeting of the Council, the presiding member may
acknowledge the presence of the distinguished visitor at an appropriate time during the meeting, and
the presence of that visitor must be recorded in the minutes.
6.9 Deputations
(1) Any person or group wishing to be received as a deputation by the Council or a committee, is to
either—
(a) apply, before the meeting, to the President for approval; or
(b) with the approval of the presiding member, at the meeting, address the Council or a
committee.
(2) Any application for a deputation is to include details of the topic on which the deputation is to be
made and a brief outline of the contents of the proposed submission which will be made during the
deputation.
(3) The President may either—
(a) approve the request and invite the deputation to attend a meeting of the Council or
committee; or
(b) refer the request to the Council or the committee to decide by simple majority whether or not
to receive the deputation.
(4) Unless the Council or committee resolves otherwise, a deputation invited to attend a Council or
committee meeting—
(a) is not to exceed 5 persons, only 2 of whom may address the Council or a committee, although
others may respond to specific questions from members;
(b) is not to address the Council or a committee for a period exceeding 10 minutes without the
agreement of the Council; and
(c) an extension of time and the increase in number of speaking members of the deputation may
be allowed with the leave of the presiding member.
(5) Unless decided otherwise by the President or presiding member of a committee, the number of
deputations approved for any meeting must not exceed four.
(6) Any matter which is the subject of a deputation to the Council or a committee is not to be decided
by the Council or the committee until the deputation has completed its presentation.
6.10 Petitions
(1) Where a member or the CEO receives a petition conforming to the requirements of clause 6.10 (2),
that petition is to be presented to the next Council meeting.
(2) Except where required by the Act, the Regulations or any other written law, any petition to the
Council—
(a) must be addressed to the Council;
(b) state the name and address of the person to whom correspondence in respect of the petition
may be served; and
(c) be in the form detailed in Schedule 1 of this local law.
(3) Once a petition is presented to the Council, a motion may be moved to receive the petition and
refer it to the CEO for action.
6.11 Presentations
(1) In this clause, a
presentation means the acceptance of a gift or an award by the Council on behalf
of the Local Government or the community.
(2) A presentation may be made to the Council at a meeting only with the prior approval of the
President.
6.12 Participation at committee meetings
(1) In this clause a reference to a
person is to a person who—
(a) is entitled to attend a committee meeting;
(b) attends a committee meeting; and
(c) is not a member of that committee.
(2) Without the consent of the presiding member, no person is to address a committee meeting.
(3) The presiding member of a committee may allow a person to make an oral submission to the
committee for up to 3 minutes on a recommendation contained in a report to the committee, with a
maximum of 3 speakers for the recommendation and 3 speakers against the recommendation.
(4) A person addressing the committee with the consent of the presiding member is to cease that
address immediately after being directed to do so by the presiding member.
(5) A person who fails to comply with a direction of the presiding member under subclause (4) may, by
order of the presiding member, be removed from the committee room.
(6) The Council may make a policy dealing with the circumstances in which a person may be given
consent to address a committee meeting.
6.13 Council may meet to hear public submissions
(1) Where an item on the agenda at a Council meeting is contentious and is likely be the subject of a
number of deputations, the Council may resolve to meet at another time to provide a greater
opportunity to be heard.
(2) The CEO and the President must set the time and date of the meeting to provide the opportunity
to be heard.
(3) Where the Council resolves to meet to provide the opportunity to be heard under subclause (1), the
presiding member must—
(a) instruct the CEO to provide local public notice of the time and date when the Council will
meet to provide an opportunity to be heard;
(b) provide a written invitation to attend the meeting to provide the opportunity to be heard to
all members of the public who have applied under clause 6.9 to make a deputation on the
issue; and
(c) cause minutes to be kept of the meeting to provide the opportunity to be heard.
(4) A meeting held under subclause (1) must be conducted only to hear submissions but a member
may, at any time with leave of the presiding member, ask a question to seek to clarify any aspect of a
submission. The Council must not make resolutions at a meeting held under subclause (1).
(5) At a meeting held under subclause (1), each person making a submission must be provided with
the opportunity to fully state his or her case.
(6) A member of the public must be limited to 10 minutes in making an oral submission, but this
period may be extended at the discretion of the presiding member.
(7) Once every member of the public has had the opportunity to make a submission the presiding
member is to close the meeting.
(8) The CEO is to ensure that a report is included on the agenda of the next Council meeting
summarising each submission made at the meeting.
(9) The Council must not resolve on the matter that is the subject of a meeting to provide the
opportunity to be heard until it has received the CEO’s report under subclause (8).
6.14 Public Inspection of agenda materials
The right of the public to inspect the documents referred to, and in accordance with, regulation 14 of
the Regulations may be exercised at the Shire’s administration office, any Shire library or on the
Local Government’s website.
6.15 Confidentiality of information withheld
(1) Information withheld by the CEO from the public under regulation 14(2) of the Regulations is to
be—
(a) identified in the agenda of a Council meeting under the item”Matters for which meeting may
be closed”; and
(b) marked “
Confidential” in the agenda.
(2) A member or an employee who has—
(a) confidential information under subclause (1); or
(b) information that is provided or disclosed during a meeting or part of a meeting that is closed
to the public,
is not to disclose any of that information to any person other than member employee to the extent
necessary for the purpose of carrying out his or her functions.
(3) Subclause (2) does not prevent a member or employee from disclosing the information—
(a) at a closed meeting;
(b) to the extent specified by Council and subject to such other conditions as the Council
determines;
(c) that is already in the public domain;
(d) to an officer of the Department;
(e) to the Minister;
(f) to a legal practitioner for the purpose of obtaining legal advice; or
(g) if the disclosure is required or permitted by law.
(4) The Council may by resolution declare that any information withheld under clause 6.15 (1) must
remain confidential for a specified period or indefinitely.
6.16 Recording of proceedings
(1) A person is not to use any electronic, visual or audio recording device or instrument to record the
proceedings of the Council, any committee or electors meeting without the permission of the presiding
member.
(2) If the presiding member gives permission under subclause (1), the presiding member is to advise
the meeting, immediately before the recording is commenced, that such permission has been given
and the nature and extent of that permission.
6.17 Standard of conduct
(1) A reference in this clause to a person is to a person other than a member.
(2) A person at a meeting—
(a) addressing the Council or a committee must, when invited to speak, extend due courtesy and
respect to the person presiding and others at the meeting;
(b) must not reflect adversely on the character or actions of any member or employee;
(c) must not impute any motive to a member or employee;
(d) must not use offensive or objectionable expressions;
(e) must not create a disturbance, by interrupting or interfering with the orderly conduct of the
proceedings, whether expressing approval or dissent, by conversing or by any other means;
(f) must ensure that his or her mobile telephone or audible pager is not switched on or used; and
(g) must not behave in a manner that is contrary to section 75 of the Criminal Code.
(3) The presiding person may warn a person who fails to comply with this clause.
(4) If a person—
(a) after being warned, acts contrary to this clause, or to this local law; or
(b) refuses or fails to comply with a direction by the presiding member,
the presiding member may expel the person from the meeting by ordering him or her to leave the
meeting room.
(5) A person who is ordered to leave the meeting room and fails to do so may, by order of the presiding
person, be removed from the meeting room and, if the presiding person orders, from the premises.
6.18 Right of reply
(1) A member who is aggrieved by a statement made (including a question asked) by a member of the
public at a meeting may, with the leave of the presiding member, reply to that statement.
(2) A reply under this clause is to be confined to a succinct response to the specific part of the
statement in respect of which the member is aggrieved.
PART 7—QUESTIONS BY MEMBERS
7.1 With due notice
(1) A question on notice is to be given by a member in writing to the CEO at least four (4) clear
business days before the meeting at which it is raised.
(2) If the question referred to in subclause (1) is in order, the answer is, so far as practicable, to be
included in written form in the agenda of the meeting, or otherwise tabled at that meeting.
(3) Every question and answer is to be submitted as briefly and concisely as possible and no
discussion is to be allowed thereon, unless with the consent of the presiding member.
7.2 Without due notice
(1) Members may ask questions relating to an item on the notice paper or on matters related to the
good government of persons in the district.
(2) A member requesting general information from an employee at a Council or committee meeting
may ask a question without notice and with the consent of the presiding member, may ask one or
more further questions of that employee or another employee present at the meeting.
(3) Where possible the employee must endeavour to answer the question to the best of his or her
knowledge and ability, however, if the information is unavailable or the answer requires research or
investigation, the employee may ask that—
(a) the question be placed on notice for the next meeting of Council; or committee and
(b) the answer to the question be given to the member who asked it within 14 days
(4) Every question and answer—
(a) is to be brief and concise; and
(b) is not to be accompanied by argument, expression of opinion or statement of facts, except to
the extent necessary to explain the question or answer
(5) In answering any question, an employee may qualify his or her answer and may at a later time in
the meeting or at a subsequent meeting alter, correct, add to or otherwise amend the original answer
PART 8—CONDUCT OF MEMBERS
8.1 Members to be in their proper places
(1) At the first meeting held after each election day, or at any other time considered necessary, each
member is to be allocated a seat at the Council table by the Council.
(2) Each member is to occupy his or her position allotted position at each Council or committee
meeting.
8.2 Respect to the presiding member
After the business of a Council or a committee has been commenced, a member is not to enter or leave
the meeting without first paying due respect to the presiding member.
8.3 Titles to be used
A speaker, when referring to the President, Deputy President or presiding member, or a member or
employee, is to use the title of that person’s office.
8.4 Advice of entry or departure
A member is not to enter or leave the meeting without first advising the presiding member, in order
to facilitate the recording in the minutes of the time 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 or by another method agreed by the Council.
8.6 Priority of speaking
(1) Where two or more members indicate, at the same time, their intention to speak, the presiding
member is to decide which member is entitled to be heard first.
(2) A decision of the presiding member under subclause (1) is not open to discussion or dissent.
(3) A member is to cease speaking immediately after being asked to do so by the presiding member.
8.7 Presiding member may take part in debates
The presiding member may take part in a discussion of any matter before the Council or a committee,
subject to compliance with this local law.
8.8 Relevance
A member is to restrict his or her remarks to the motion or amendment under discussion, or to a
personal explanation or point of order.
8.9 Speaking twice
A member is not to address the Council or a committee more than once on any motion or amendment
except—
(a) as the mover of a substantive motion, to exercise a right of reply;
(b) to raise a point of order; or
(c) to make a personal explanation.
8.10 Duration of speeches
(1) A member is not to speak on any matter for more than 5 minutes without the consent of the
Council or a committee which, if given, is to be given without debate.
(2) An extension under this clause cannot be given to allow a member’s total speaking time to
exceed 10 minutes.
8.11 No speaking after conclusion of debate
A member is not to speak on any motion or amendment—
(a) after the mover has replied; or
(b) after the question has been put.
8.12 No interruption
A member is not to interrupt another member who is speaking unless—
(a) to raise a point of order;
(b) to call attention to the absence of a quorum;
(c) to make a personal explanation under clause 8.13; or
(d) to move a procedural motion that the member be no longer heard (see clause 11.1(e)).
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 or committee 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—
(a) on a motion that the decision be revoked or changed; or
(b) where the meeting resolves, without debate, that the question then 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 employee; or
(b) to impute any motive to a member or employee, 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, 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 who, in the opinion of the presiding member, uses an expression which—
(a) in the absence of a resolution under clause 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,
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 direct the member to refrain from taking any further part in the debate of
that item, other than by voting, and the member must comply with that direction.
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 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 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 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.
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.
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
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
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 debate of
that item, 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 MEMBERS
10.1 Recommendations in reports
(1) Recommendations contained in a committee or employee’s report are to be given first priority
consideration for adoption by the Council.
(2) Any proposed amendment to a recommendation in a committee or employees’ report that is
significantly different to the recommendation, is not to be accepted unless a notice of motion in
accordance with clause 5.3 has been given by the mover of the proposed amendment.
(3) The Council may by majority decision dispense with requirements of clause 5.1 (2) where the
Council is satisfied that the reason for the proposed amendment meets the criteria of
“extreme
urgency or other special circumstances” in clause 5.4 (2).
(4) The requirements for recording of written reasons in the minutes of a meeting for each decision
made at the meeting that is significantly different from the relevant written recommendation of a
committee or an employee are dealt with in the regulations.
10.2 Alternative motion
(1) A member may submit an alternative motion for consideration by the Council that differs from a
committee or employee’s recommendation contained in the meeting agenda.
(2) A member may submit an alternative motion for consideration by a committee that differs from an
employee’s recommendation contained in a meeting agenda.
(3) A request for an alternative motion must be received by the CEO or their delegate no later
than 9.00am on the day of the meeting.
(4) The meeting may by absolute majority dispense with the requirement of clause 10.2 (3) where the
meeting is satisfied that that the alternative motion does not—
(a) reflect a significant departure from the intent of the recommendation; or
(b) involve a determination of a matter or the exercise of a discretion under the Local Planning
Scheme.
10.3 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.
(c) for complex amendments they must be in writing.
10.4 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.
10.5 Unopposed business
(1) Immediately after a substantive motion has been moved and seconded, the presiding member may
ask the meeting—
(a) if any member opposes it; or
(b) if any member wishes the mover to speak to the motion before deciding whether to oppose it.
(2) If any member wishes the mover to speak to the motion, the presiding member may—
(a) call on the mover to speak to the motion; and
(b) after the mover has spoken to the motion, again ask the meeting if any member opposes it.
(3) If no member opposes the motion, the presiding member may declare it carried without debate and
without taking a vote.
(4) A motion declared carried under this clause is to be recorded in the minutes as a “carried without
dissent” decision of the Council.
(5) If a member opposes a motion, the motion is to be dealt with under this Part.
(6) This clause does not apply to a motion to revoke or change a decision which has been made at a
Council meeting.
10.6 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
10.7 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) the seconder to speak to the motion;
(e) a speaker against the motion;
(f) a speaker for the motion;
(g) other speakers against and for the motion, alternating where possible; and
(h) mover takes right of reply which closes debate.
10.8 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.
10.9 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.
10.10 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.
10.11 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.
10.12 Form of an amendment
An amendment must add, delete, or substitute words to the substantive motion.
10.13 Amendment must not negate original motion
An amendment to a substantive motion cannot negate the original motion or the intent of the original
motion.
10.14 Relevance of amendments
Each amendment is to be relevant to the motion in respect of which it is moved.
10.15 Mover of motion may speak on amendment
Any member may speak during debate on an amendment in reference to the order set out in clause
10.7.
10.16 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.
10.17 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.
10.18 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; and
(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.
10.19 Foreshadowing alternative motions
(1) Should a member wish to negate a substantive motion and have a meeting consider a new
substantive motion on the matter with different intent, the member is to foreshadow the new
substantive motion prior to the right of reply.
(2) Should a substantive motion be lost, the presiding member is to call upon the member who
foreshadowed the new substantive motion to move the proposed motion.
(3) Once moved and seconded, the foreshadowed motion becomes the substantive motion and the
same procedures and rules of debate apply to this motion as any other motion.
(4) If more than one foreshadowed motion is proposed for any item before a meeting, the presiding
member is to deal with them in the order in which they were presented.
PART 11—PROCEDURAL MOTION
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; and
(g) that the meeting be closed to the public.
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 (see clause 5.6).
(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 INTEREST
12.1 Disclosure of interests
Disclosure of interests is dealt with in the Act.
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 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 voices or may require a 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) Unless decided otherwise by a decision of Council or a committee the details of the members vote
or votes for or against, a matter, as the case may be, is to be recorded in the minutes.
PART 14—MINUTES OF MEETINGS
14.1 Keeping of minutes
The keeping and confirmation of minutes are dealt with in the Act.
14.2 Content of minutes
(1) The content of minutes is dealt with in the Regulations.
(2) In addition to the matters required by regulation 11 of the Regulations, 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 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
must, 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 or a committee may adjourn any 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—
(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 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 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) 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.
17.2 Where local law does not apply
(1) 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,
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.
PART 18—MEETINGS OF ELECTORS
18.1 Electors’ general meetings
Electors’ general meetings are dealt with in the Act.
18.2 Matters for discussion at electors’ general meetings
The matters to be discussed at electors’ general meetings are dealt with in the Regulations.
18.3 Electors’ special meetings
Electors’ special meetings are dealt with in the Act.
18.4 Requests for electors’ special meetings
Requests for electors’ special meetings are dealt with in the Regulations.
18.5 Convening electors’ meetings
Convening electors’ meetings is dealt with in the Act.
18.6 Who presides at electors’ meetings
Who presides at electors’ meetings is dealt with in the Act.
18.7 Procedure for electors’ meetings
(1) The procedure for electors’ meetings is dealt with in the Act and 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 must 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 the Regulations.
18.10 Minutes of electors’ meetings
Minutes of electors’ meetings are dealt with in the Act.
18.11 Decisions made at electors’ meetings
Decisions made at electors’ meetings are dealt with in the Act.
PART 19—ENFORCEMENT
19.1 Penalty for breach
A person who breaches a provision of this local law commits an offence.
Penalty: $1,000.00 and a daily penalty of $500.00.
19.2 Who can prosecute
Who can prosecute is dealt with in the Act.
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Schedule 1
PETITION OF ELECTORS OF THE SHIRE OF NAREMBEEN
To the Shire President and Councillors of the Shire of Narembeen
We, the undersigned, all being electors of the Shire of Narembeen do respectfully request that the
Council—
[Here set out a concise statement of facts and the action sought]
Correspondence in respect of this petition should be addressed to—
[Here set out relevant name(s) and address (es) for correspondence]
The names and addresses of your petitioners are as follows—
Date Full Name Address Signature Agree/Disagree/
No Opinion
————
Dated 20th day of May 2020.
The Common Seal of the Shire of Narembeen was affixed by authority of a resolution of Council in the
presence of—
RHONDA COLE, Shire President.
CHRIS JACKSON, Chief Executive Officer.
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