Local Government (Administration) Amendment Regulations 2022 (WA)

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ISSN 2204-4264 (online)

PERTH, TUESDAY, 8 NOVEMBER 2022

No. 161

SPECIAL

PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER

Local Government Act 1995

Local Government (Administration)

Amendment Regulations 2022

SL 2022/185

Made by the Governor in Executive Council.
1. Citation

These regulations are the Local Government (Administration)
Amendment Regulations 2022.

2. Commencement
These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these
regulations are published in the Gazette;

(b) the rest of the regulations — on the day after that day.

3. Regulations amended

These regulations amend the Local Government
(Administration) Regulations 1996.

4. Regulations 14A and 14B deleted
Delete regulations 14A and 14B.

5. Regulation 14C amended

(1) In regulation 14C(1) insert in alphabetical order:
natural disaster includes fire, flood, lightning,
movement of land and storm;

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relevant period, in relation to the proposed meeting referred to in subregulation (3), means the period of 12 months ending on the day on which the proposed meeting is to be held.

(2) In regulation 14C(1) in the definition of meeting paragraph (d)
delete “government.” and insert:
government;
(3) Delete regulation 14C(2) and (3) and insert:

(2) A member of a council or committee may attend a
meeting by electronic means —
(a) if —
(i)      a public health emergency or state of emergency exists or a natural disaster has occurred; and
(ii)      because of the public health emergency, state of emergency or natural disaster, the member is unable, or considers it inappropriate, to be present in person at the meeting; and
(iii)      the member is authorised to attend the meeting by electronic means by the mayor, president or council;

or

(b)

if the member is otherwise authorised to attend the meeting by electronic means by the mayor, president or council.

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(3) The mayor, president or council cannot authorise a
member to attend a meeting (the proposed meeting)
under subregulation (2)(b) if the member’s attendance
at the proposed meeting under that authorisation would
result in the member attending more than half of the
meetings (including the proposed meeting) of the
council or committee, in the relevant period, under an
authorisation under subregulation (2)(b).
(4) Subregulation (3) does not apply to a member who is a
person with a disability as defined in the Disability
Services Act 1993 section 3.

(5)

In deciding whether to authorise a member to attend a meeting by electronic means under subregulation (2), the mayor, president or council must have regard to

whether the location from which the member intends to attend the meeting, and the equipment that the member intends to use to attend the meeting, are suitable for the member to be able to effectively engage in
deliberations and communications during the meeting.
Note: The heading to amended regulation 14C is to read:
Attendance at meetings by electronic means may be authorised
(Act s. 5.25(1)(ba))

6. Regulation 14CA inserted
After regulation 14C insert:

14CA. Provisions relating to attendance at meetings by
electronic means (Act s. 5.25(1)(ba))

(1) In this regulation —
meeting has the meaning given in regulation 14C(1).

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(2)

The electronic means by which a member may attend a meeting under an authorisation under regulation 14C(2) include telephone, video conference or other means of
instantaneous communication, as determined by the
mayor, president or council.
(3) A member who attends a meeting under an
authorisation under regulation 14C(2) by electronic
means determined under subregulation (2) is, whether
or not the member is physically in the State, taken to
attend and be present at the meeting for the purposes of
the Act and these regulations while the member is in
contact by those electronic means with each other
member present at the meeting.
(4) Subregulations (5) to (7) apply if —

(a)

a member has been authorised to attend a meeting by electronic means under regulation 14C(2); and

(b)

the meeting, or part of the meeting, is to be closed to members of the public under section 5.23(2).

(5) The member must not attend the meeting or the closed
part of the meeting unless, before the meeting, or the
part of the meeting, is closed, the member declares that
the member can maintain confidentiality during the
meeting or the closed part of the meeting (as the case
requires).
(6) If the member makes the declaration under
subregulation (5) and subsequently cannot maintain
confidentiality, the member must leave the meeting or
the closed part of the meeting.
(7) A member’s declaration under subregulation (5) must
be recorded in the minutes of the meeting.

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7. Regulation 14D amended

(1) In regulation 14D(1) insert in alphabetical order:
relevant period, in relation to the proposed meeting
referred to in subregulation (2A), means the period of
12 months ending on the day on which the proposed
meeting is to be held.

(2) In regulation 14D(1) in the definition of meeting paragraph (d)
delete “government.” and insert:
government;
(3) In regulation 14D(2):

(a) delete paragraph (a)(ii) and insert:
(ii) the mayor, president or council considers it appropriate for the meeting to be held by electronic means because of the public health emergency or state of emergency and having regard to the matters in subregulation (2B);

(b) in paragraph (b)(ii) delete “means.” and insert:
means;

(c) after paragraph (b) insert:
or

(c)

if the council otherwise authorises the meeting to be held by electronic means.

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(4) After regulation 14D(2) insert:

(2A) The council cannot authorise a meeting (the proposed
meeting) to be held under subregulation (2)(c) if
holding the proposed meeting under that authorisation
would result in more than half of the meetings
(including the proposed meeting) of the council or
committee, in the relevant period, being held under an
authorisation under subregulation (2)(c).
(2B) In considering whether it is appropriate for a meeting
to be held by electronic means under
subregulation (2)(a) or deciding whether to authorise a
meeting to be held by electronic means under
subregulation (2)(b) or (c), the mayor, president or
council must have regard to whether the location from
which each member of the council or committee
intends to attend the meeting, and the equipment that
each member intends to use to attend the meeting, are
suitable for the member to be able to effectively engage
in deliberations and communications during the
meeting.

(5) After regulation 14D(4) insert:

(5) Subregulations (6) to (8) apply if —

(a)

a meeting is to be held by electronic means under this regulation; and

(b)

the meeting, or part of the meeting, is to be closed to members of the public under section 5.23(2).

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(6) A member of the council or committee must not attend
the meeting or the closed part of the meeting unless,
before the meeting, or the part of the meeting, is
closed, the member declares that the member can
maintain confidentiality during the meeting or the
closed part of the meeting (as the case requires).
(7) If a member makes the declaration under
subregulation (6) and subsequently cannot maintain
confidentiality, the member must leave the meeting or
the closed part of the meeting.
(8) A member’s declaration under subregulation (6) must
be recorded in the minutes of the meeting.
Note: The heading to amended regulation 14D is to read:

Meetings held by electronic means (Act s. 5.25(1)(ba))

8. Regulation 14E amended

(1) In regulation 14E(1) insert in alphabetical order:
Band 3 or 4 council or committee means the council of, or a committee established by, a Band 3 or 4 local government;
Band 3 or 4 local government means a local
government that is allocated to Band 3 or Band 4 under
Schedule 1 of the Local Government Chief Executive
Officers and Elected Members Determination No. 1
of 2022 published in the Gazette on 11 April 2022;

(2) Delete regulation 14E(3) and insert:

(3) If a council or a committee holds an electronic meeting,
a member of the council or committee who attends the
meeting by electronic means determined under

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regulation 14D(3) is, whether or not the member is
physically in the State, taken to attend and be present at
the meeting for the purposes of the Act and these
regulations while the member is in contact by those
electronic means with each other member present at the
meeting.

(3A) If a council or a committee holds an electronic meeting,
the meeting is open to members of the public under
section 5.23(1) if —

(a) in the case of a Band 3 or 4 council or
committee — the requirement to publish the

unconfirmed minutes of the meeting under
regulation 13(1)(a) is complied with within the
applicable time period set out in
regulation 13(2) or (3); or
(b) in any case — the council or committee
publicly broadcasts the meeting on a website or
the meeting or a broadcast of the meeting is
otherwise accessible to the public.

(3) Delete regulation 14E(4)(b) and insert:

(b) the council or committee determines at the
meeting —
(i) in the case of a meeting held by electronic means under
regulation 14D(2)(a) or (b) — that,

of emergency or direction issued under
the Public Health Act 2016 or the

given the public health emergency, state not appropriate to respond to the question at the meeting; or

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(ii) in any case — to respond to the question

at the meeting in accordance with the
procedure determined by the council or
committee.

9. Regulation 29 amended
Delete regulation 29(1)(bb).

10. Regulation 31 amended
In regulation 31(1):

(a) in paragraph (b) delete “member.” and insert:
member; and

(b) after paragraph (b) insert:

(c)

child care and travel costs incurred by a council member in completing the training required by section 5.126(1).
Note: The heading to amended regulation 31 is to read:
Expenses to be reimbursed (Act s. 5.98(2)(a))

11. Regulation 36 amended
In regulation 36(1):

(a) in paragraph (a) delete “either” and insert:
any

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(b) after paragraph (a)(ii) insert:
(iii) the course titled LGA50220 Diploma of Local Government - Elected Member;
(iv) the course titled LGASS00007 Elected Member;

Note: The heading to regulation 32 is to read:
Expenses that may be approved for reimbursement
(Act s. 5.98(2)(b))

N. HAGLEY, Clerk of the Executive Council.

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or
(b)	if the member is otherwise authorised to attend the meeting by electronic means by the mayor, president or council.

(3)	The mayor, president or council cannot authorise a member to attend a meeting (the *proposed meeting*)
under subregulation (2)(b) if the member’s attendance
at the proposed meeting under that authorisation would result in the member attending more than half of the meetings (including the proposed meeting) of the council or committee, in the relevant period, under an authorisation under subregulation (2)(b).
(4)	Subregulation (3) does not apply to a member who is a person with a disability as defined in the Disability Services Act 1993 section 3.
(5)	In deciding whether to authorise a member to attend a meeting by electronic means under subregulation (2), the mayor, president or council must have regard to
whether the location from which the member intends to attend the meeting, and the equipment that the member intends to use to attend the meeting, are suitable for the member to be able to effectively engage in
deliberations and communications during the meeting.

(1)	In this regulation —
*meeting* has the meaning given in regulation 14C(1).

(2)	The electronic means by which a member may attend a meeting under an authorisation under regulation 14C(2) include telephone, video conference or other means of
instantaneous communication, as determined by the mayor, president or council.
(3)	A member who attends a meeting under an authorisation under regulation 14C(2) by electronic means determined under subregulation (2) is, whether or not the member is physically in the State, taken to attend and be present at the meeting for the purposes of the Act and these regulations while the member is in contact by those electronic means with each other member present at the meeting.
(4)	Subregulations (5) to (7) apply if —

(a)	a member has been authorised to attend a meeting by electronic means under regulation 14C(2); and
(b)	the meeting, or part of the meeting, is to be closed to members of the public under section 5.23(2).

(5)	The member must not attend the meeting or the closed part of the meeting unless, before the meeting, or the part of the meeting, is closed, the member declares that the member can maintain confidentiality during the meeting or the closed part of the meeting (as the case requires).
(6)	If the member makes the declaration under subregulation (5) and subsequently cannot maintain confidentiality, the member must leave the meeting or the closed part of the meeting.
(7)	A member’s declaration under subregulation (5) must
be recorded in the minutes of the meeting.

(2)	In regulation 14D(1) in the definition of *meeting* paragraph (d)
delete “government.” and insert:
government;
(3)	In regulation 14D(2):

(a)	a meeting is to be held by electronic means under this regulation; and
(b)	the meeting, or part of the meeting, is to be closed to members of the public under section 5.23(2).

(6)	A member of the council or committee must not attend the meeting or the closed part of the meeting unless, before the meeting, or the part of the meeting, is closed, the member declares that the member can maintain confidentiality during the meeting or the closed part of the meeting (as the case requires).
(7)	If a member makes the declaration under subregulation (6) and subsequently cannot maintain confidentiality, the member must leave the meeting or the closed part of the meeting.
(8)	A member’s declaration under subregulation (6) must
be recorded in the minutes of the meeting.

(3A)	If a council or a committee holds an electronic meeting, the meeting is open to members of the public under
section 5.23(1) if —

unconfirmed minutes of the meeting under regulation 13(1)(a) is complied with within the applicable time period set out in regulation 13(2) or (3); or
(b)	in any case — the council or committee
publicly broadcasts the meeting on a website or the meeting or a broadcast of the meeting is otherwise accessible to the public.