Local Government Amendment Act 2012 (WA)

Western Australia

Local Government Amendment Act 2012

Western Australia

Local Government Amendment Act 2012

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
Part 2 — *Local Government Act 1995*

amended

Division 1 — Act amended

3.	Act amended	3
Division 2 — Amendments about

disqualification from membership of a

council

Subdivision 1 — Disqualification due to membership

of parliament

4.	Section 2.19 amended	3
5.	Section 2.20 amended	3
6.	Section 2.27 amended	4
7.	Section 2.28 amended	4
8.	Section 2.33 deleted	4
9.	Section 2.34 amended	4
10.	Section 4.8 amended	5
11.	Section 4.16 amended	5
Subdivision 2 — Disqualification due to a conviction
12.	Section 2.22 amended	5

Local Government Amendment Act 2012

Contents

Division 3 — Amendments about fees etc. for council members and remuneration for CEOs

13.	Section 5.39 amended	6
14.	Section 5.98 amended	6
15.	Section 5.98A amended	8
16.	Section 5.99 amended	8
17.	Section 5.99A amended	9
18.	Section 5.100 amended	9
Division 4 — Amendments about investment of

money held by local governments

19.	Section 6.14 amended	9
Division 5 — Amendments about specified area

rates and service charges

20.	Section 6.37 amended	10
21.	Section 6.38 amended	11
Division 6 — Amendments about peremptory

suspension of councils or the undertaking

of remedial action

22.	Part 8 Division 2A inserted	12
Division 2A — Council may be peremptorily

suspended or required to undertake remedial

action

8.15B.

Notice that council may be peremptorily

suspended or required to undertake

remedial action

8.15C.

Minister may order that council be

peremptorily suspended or required to

undertake remedial action

23.	Section 8.19 amended	14
24.	Section 8.28 amended	15
Division 7 — Amendments to Schedule 9.3
25.	Schedule 9.3 amended	15
26.	Schedule 9.3 Division 1 heading replaced and
Schedule 9.3 Division 1 Subdivision 1 heading
inserted	15

Local Government Amendment Act 2012

Contents

Division 1 — Provisions for Local Government

Act 1995

Subdivision 1 — Preliminary

27. Schedule 9.3 Division 2 heading deleted and

Schedule 9.3 Division 1 Subdivision 2 heading

inserted

Subdivision 2 — Continuation of constitutional

arrangements, membership and appointments

28. Schedule 9.3 Division 3 heading deleted and

Schedule 9.3 Division 1 Subdivision 3 heading

inserted

Subdivision 3 — Electoral matters

29. Schedule 9.3 Division 4 heading deleted and

Schedule 9.3 Division 1 Subdivision 4 heading

inserted

Subdivision 4 — Administration

30. Schedule 9.3 Division 5 heading deleted and

Schedule 9.3 Division 1 Subdivision 5 heading

inserted

Subdivision 5 — Financial management and audit

31. Schedule 9.3 Division 6 heading deleted and

Schedule 9.3 Division 1 Subdivision 6 heading

inserted

Subdivision 6 — Former by-laws, uniform general

by-laws and regulations

32. Schedule 9.3 Division 7 heading deleted and

Schedule 9.3 Division 1 Subdivision 7 heading

inserted

Subdivision 7 — Miscellaneous

33.

Schedule 9.3 Division 2 inserted

Division 2 — Provisions for the Local Government

Amendment Act 2012

42.	Term used: amending Act	17
In this Division —	17
43.	Saving provisions for CEOs	17
44.	Section 6.14(1) does not apply to existing
investments	18

Local Government Amendment Act 2012

Contents

Part 3 — Rates and Charges (Rebates

and Deferments) Act 1992

amended

34.	Act amended	19
35.	Section 3 amended	19
36.	Section 40 amended	19
Part 4 — *Salaries and Allowances*

Act 1975 amended

37.	Act amended	22
38.	Section 7A replaced	22

7A.

Determinations as to remuneration of local

government CEOs

39.

Section 7B inserted

7B.

Determinations as to fees and allowances

of local government councillors

40.	Section 8 amended	23
41.	Section 10 amended	24

Western Australia

Local Government Amendment Act 2012

No. 2 of 2012

An Act to amend —

•	the **Local Government Act 1995; and**
•	the **Rates and Charges (Rebates and Deferments) Act 1992; and**
•	the *Salaries and Allowances Act 1975*.

[Assented to 4 April 2012]

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1. Short title

This is the Local Government Amendment Act 2012.

2. Commencement

This Act comes into operation as follows —

(a)	sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

Local Government Amendment Act 2012

Local Government Act 1995 amended

Part 2

Act amended

Division 1

s. 3

Part 2 — Local Government Act 1995 amended

Division 1 — Act amended

3. Act amended

This Part amends the Local Government Act 1995.

Division 2 — Amendments about disqualification from

membership of a council

Subdivision 1 — Disqualification due to membership of parliament

4. Section 2.19 amended

In section 2.19(1):

(a)	delete paragraph (c);
(b)	in paragraph (d) after “section” insert:

2.20,

(c)	after each of paragraphs (a) and (b) insert:

and

5. Section 2.20 amended

In section 2.20(1) delete “from being elected as a member” and

insert:

for membership

Note:

The heading to amended section 2.20 is to read:

Members of parliament disqualified

Local Government Amendment Act 2012

Part 2

Local Government Act 1995 amended

Division 2

Amendments about disqualification from membership of a

council

s. 6

6. Section 2.27 amended

In section 2.27(1) in the definition of disqualified paragraph (b)

after “section” insert:

2.20,

7. Section 2.28 amended

In section 2.28 in the Table item 6 in the column headed “How

elected” delete the passage that begins with “Elected at an” and

ends with “extraordinary election” and insert:

Elected at an extraordinary

election to fill a vacancy arising

by resignation including an

election required under

section 4.57 or 4.58 in respect of

such an extraordinary election

8. Section 2.33 deleted

Delete section 2.33.

9. Section 2.34 amended

In section 2.34(1):

(a)	in paragraph (a) delete “2.32 or 2.33;” and insert:

2.32; or

(b)	after paragraph (b) insert:

Local Government Amendment Act 2012

Local Government Act 1995 amended

Part 2

Amendments about disqualification from membership of a

Division 2

council

s. 10

10. Section 4.8 amended

In section 4.8(1) delete “or 2.33”.

11. Section 4.16 amended

Delete section 4.16(5).

Subdivision 2 — Disqualification due to a conviction

12. Section 2.22 amended

(1)	In section 2.22(1):

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

offence; or

(b)

after paragraph (b) insert:

(c)	has been convicted on indictment of an offence for which the indictable penalty was or included —

(i) imprisonment for life; or

(ii) imprisonment for more than 5 years.

(2)	In section 2.22(3) insert in alphabetical order:

indictable penalty means the penalty that the relevant

law specified for the offence in the event of a person

being convicted of the offence on indictment;

offence means an offence against a law of this State,

the Commonwealth, another State or a Territory;

Local Government Amendment Act 2012

Part 2

Local Government Act 1995 amended

Division 3

Amendments about fees etc. for council members and

remuneration for CEOs

s. 13

Division 3 — Amendments about fees etc. for council members

and remuneration for CEOs

13. Section 5.39 amended

Delete section 5.39(7) and insert:

(7)

A CEO is to be paid or provided with such

remuneration as is determined by the Salaries and

Allowances Tribunal under the Salaries and

Allowances Act 1975 section 7A.

(8)

A local government is to ensure that subsection (7) is

complied with in entering into, or renewing, a contract

of employment with a CEO.

14. Section 5.98 amended

(1)	Before section 5.98(1) insert:

(1A)

In this section —

determined means determined by the Salaries and

Allowances Tribunal under the Salaries and

Allowances Act 1975 section 7B.

(2)	In section 5.98(1):

(a)	in paragraph (a) delete “prescribed minimum fee” and insert:

fee determined

Local Government Amendment Act 2012

Local Government Act 1995 amended

Part 2

Amendments about fees etc. for council members and

Division 3

remuneration for CEOs

s. 14

(b)	in paragraph (b) delete “prescribed range” and insert:

range determined

(3)	In section 5.98(2A):

(a)	in paragraph (a) delete “prescribed minimum fee” and insert:

fee determined

(b)	in paragraph (b) delete “prescribed range” and insert:

range determined

(4)	In section 5.98(3):

(a)

delete paragraph (a) and insert:

(a)	where the extent of reimbursement for the expense has been determined, to that extent; or

(b)

in paragraph (b) delete “prescribed range (if any) of ” and insert:

range determined for

(5)	In section 5.98(5):

(a)	in paragraph (a) delete “prescribed minimum annual local government allowance” and insert:

annual local government allowance determined

Local Government Amendment Act 2012

Part 2

Local Government Act 1995 amended

Division 3

Amendments about fees etc. for council members and

remuneration for CEOs

s. 15

(b)	in paragraph (b) delete “prescribed range” and insert:

range determined

15. Section 5.98A amended

In section 5.98A(1) delete the passage that begins with “prescribed percentage” and continues to the end of the subsection and insert:

percentage that is determined by the Salaries and

Allowances Tribunal under the Salaries and

Allowances Act 1975 section 7B of the annual local

government allowance to which the mayor or president

is entitled under section 5.98(5).

16. Section 5.99 amended

Delete section 5.99(a) and (b) and insert:

(a)	the annual fee determined by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975 section 7B; or
(b)	where the local government has set a fee within the range for annual fees determined by that Tribunal under that section, that fee.

Local Government Amendment Act 2012

Local Government Act 1995 amended

Part 2

Amendments about investment of money held by local

Division 4

governments

s. 17

17. Section 5.99A amended

In section 5.99A:

(a)	in paragraph (a) delete “prescribed minimum annual allowance” and insert:

annual allowance determined by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975 section 7B

(b)	in paragraph (b) delete “prescribed range” and insert:

range determined by the Salaries and

Allowances Tribunal under the Salaries and

Allowances Act 1975 section 7B

18. Section 5.100 amended

In section 5.100(2)(b) delete “prescribed” and insert:

determined

Division 4 — Amendments about investment of money held by

local governments

19. Section 6.14 amended

(1)

Delete section 6.14(1) and insert:

(1)	Money held in the municipal fund or the trust fund of a local government that is not, for the time being, required by the local government for any other purpose may be invested as trust funds may be invested under the Trustees Act 1962 Part III.

Local Government Amendment Act 2012

Part 2	Local Government Act 1995 amended
Division 5	Amendments about specified area rates and service charges
s. 20

(2A)	A local government is to comply with the regulations when investing money referred to in subsection (1).

(2)	In section 6.14(2) after “may —” insert:

(a)	make provision in respect of the investment of money referred to in subsection (1); and

Division 5 — Amendments about specified area rates and

service charges

20. Section 6.37 amended

After section 6.37(5) insert:

(6) Where —

(a)	before the coming into operation of the Local Government Amendment Act 2012 Part 2 Division 5, a specified area rate was imposed, or purportedly imposed, under this section by a local government for the purpose of the provision of underground electricity; and
(b)	the underground electricity was not, or will not, be provided, or not wholly provided, by the local government,

the rate is, and is taken always to have been, as validly imposed under this section as it would have been if, at the time of the imposition of the rate, the local

government were to provide the underground

electricity.

Local Government Amendment Act 2012

Local Government Act 1995 amended

Part 2

Amendments about specified area rates and service charges

Division 5

s. 21

21. Section 6.38 amended

(1)	In section 6.38(1) delete “of providing a prescribed service” and insert:

to the local government in the provision of a prescribed

work, service or facility

(2)

In section 6.38(2)(b) delete “service.” and insert:

work, service or facility.

(3)

In section 6.38(3)(b) and (4)(a) delete “service” and insert:

work, service or facility

(4)

After section 6.38(6) insert:

(7)	This section applies in respect of a prescribed work, service or facility even if the work, service or facility is not provided, or not wholly provided, by a local government if the local government has facilitated or participated in the provision of the work, service or facility.

(8) Where —

(a)	before the coming into operation of the Local Government Amendment Act 2012 Part 2 Division 5, a service charge was imposed, or purportedly imposed, under this section by a local government for the purpose of the provision of underground electricity; and

Local Government Amendment Act 2012

Part 2

Local Government Act 1995 amended

Division 6

Amendments about peremptory suspension of councils or the

undertaking of remedial action

s. 22

(b)	the underground electricity was not, or will not, be provided, or not wholly provided, by the local government,

the charge is, and is taken always to have been, as

validly imposed under this section as it would have

been if, at the time of the imposition of the charge, the

amendments effected by Local Government

Amendment Act 2012 Part 2 Division 5 had been in

effect and the provision of underground electricity had

been a prescribed work.

Division 6 — Amendments about peremptory suspension of

councils or the undertaking of remedial action

22. Part 8 Division 2A inserted

After section 8.15A insert:

Division 2A — Council may be peremptorily suspended or required to undertake remedial action

8.15B.

Notice that council may be peremptorily suspended

or required to undertake remedial action

(1)	Before the Minister makes an order under section 8.15C(2), the Minister is to give a notice (a *show cause notice*) in writing to the local government of the intention to do one or both of the following —

(a)	suspend the council of the local government;
(b)	require the council, or one or more of the members of the council, to undertake such remedial action as is specified in the notice.

(2)	Within 21 days of receiving a show cause notice, or such longer period as the Minister allows, the local

Local Government Amendment Act 2012

Local Government Act 1995 amended

Part 2

Amendments about peremptory suspension of councils or the

Division 6

undertaking of remedial action

s. 22

government is to give the Minister a written response

to the notice.

8.15C.

Minister may order that council be peremptorily

suspended or required to undertake remedial action

(1)	This section applies if the Minister thinks that —

(a)	the seriousness or duration of a suspected failure of the council of a local government to ensure that the local government performs its functions properly; or
(b)	such other factors as the Minister considers relevant,

make it inappropriate for the council to act, or to

continue to act, without intervention under this section,

as the governing body of the local government,

whether or not there has been an inquiry under

Division 1.

(2)	The Minister may —

(a)	after receiving the local government’s response under section 8.15B(2); or
(b)

after the time allowed by or under been received by then,

by order, do one or more of the following —

(d)	require the council, or one or more of the members of the council, to undertake such remedial action as is specified in the order.

Local Government Amendment Act 2012

Part 2

Local Government Act 1995 amended

Division 6

Amendments about peremptory suspension of councils or the

undertaking of remedial action

s. 23

(3)	An order under this section suspending a council ceases to have effect when —

(a)	an Inquiry Panel is appointed to conduct an inquiry and make a report about the local government; or
(b)	the council is reinstated by the Minister under section 8.28(3); or
(c)	the period of 6 months from when the order was made ends,

whichever happens soonest.

23. Section 8.19 amended

(1)

In section 8.19(1)(a) and (b) delete “to continue to act” (each

occurrence) and insert:

to act, or to continue to act,

(2)

In section 8.19(2) after “when the suspension” insert:

under an order made under this section

(3)

After section 8.19(2) insert:

(3)	If a council is already suspended under section 8.15C, then an order may be made under subsection (1) extending the suspension of the council and, for the purpose of this Act, such an order is to be taken to be an order suspending the council made under this section.

Local Government Amendment Act 2012

Local Government Act 1995 amended

Part 2

Amendments to Schedule 9.3

Division 7

s. 24

24. Section 8.28 amended

In section 8.28(1) and (2) delete “a council” and insert:

a council, other than an order made under section 8.15C(2),

Division 7 — Amendments to Schedule 9.3

25. Schedule 9.3 amended

Delete the reference after the heading to Schedule 9.3 and

insert:

[Section 9.71]

26. Schedule 9.3 Division 1 heading replaced and Schedule 9.3 Division 1 Subdivision 1 heading inserted

Delete the heading to Schedule 9.3 Division 1 and insert:

Division 1 — Provisions for Local Government Act 1995

Subdivision 1 — Preliminary

27. Schedule 9.3 Division 2 heading deleted and Schedule 9.3 Division 1 Subdivision 2 heading inserted

Delete the heading to Schedule 9.3 Division 2 and insert:

Subdivision 2 — Continuation of constitutional arrangements,

membership and appointments

Local Government Amendment Act 2012

Part 2	Local Government Act 1995 amended
Division 7	Amendments to Schedule 9.3
s. 28

28. Schedule 9.3 Division 3 heading deleted and Schedule 9.3 Division 1 Subdivision 3 heading inserted

Delete the heading to Schedule 9.3 Division 3 and insert:

Subdivision 3 — Electoral matters

29. Schedule 9.3 Division 4 heading deleted and Schedule 9.3 Division 1 Subdivision 4 heading inserted

Delete the heading to Schedule 9.3 Division 4 and insert:

Subdivision 4 — Administration

30. Schedule 9.3 Division 5 heading deleted and Schedule 9.3 Division 1 Subdivision 5 heading inserted

Delete the heading to Schedule 9.3 Division 5 and insert:

Subdivision 5 — Financial management and audit

31. Schedule 9.3 Division 6 heading deleted and Schedule 9.3 Division 1 Subdivision 6 heading inserted

Delete the heading to Schedule 9.3 Division 6 and insert:

Subdivision 6 — Former by-laws, uniform general by-laws

and regulations

Local Government Amendment Act 2012

Local Government Act 1995 amended

Part 2

Amendments to Schedule 9.3

Division 7

s. 32

32. Schedule 9.3 Division 7 heading deleted and Schedule 9.3 Division 1 Subdivision 7 heading inserted

Delete the heading to Schedule 9.3 Division 7 and insert:

Subdivision 7 — Miscellaneous

33. Schedule 9.3 Division 2 inserted

At the end of Schedule 9.3 insert:

Division 2 — Provisions for the Local Government

Amendment Act 2012

42. Term used: amending Act

In this Division —

amending Act means the Local Government Amendment

Act 2012.

43. Saving provisions for CEOs

(1)

In this clause —

preserved CEO, in relation to a local government, means a

person who is employed, other than in an acting or

temporary capacity, as the CEO of the local government on

19 October 2011.

(2)

Section 5.39(7) does not apply in respect of —

(a)	a CEO for such time as that person is employed under a contract of employment —

(i) that was entered into or renewed before section 13 of the amending Act came into operation; or

Local Government Amendment Act 2012

Part 2	Local Government Act 1995 amended
Division 7	Amendments to Schedule 9.3
s. 33

(ii) for a position that was advertised before section 13 of the amending Act came into operation;

(b)	a preserved CEO of a local government if —

(i) the remuneration paid or provided to the CEO on 19 October 2011 under a contract of employment was more than the amount recommended by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975 section 7A to be paid or provided to the CEO at that time; and

(ii) the CEO continues to be employed as the CEO of that local government.

(3)

Section 5.39(8) does not apply to a local government that is renewing a contract of employment with its preserved CEO in the circumstances set out in subsection (2)(b).

(4)

Before a local government renews a contract with its

preserved CEO in circumstances set out in subsection (2)(b),

the local government must take into account any

determination by the Salaries and Allowances Tribunal

under the Salaries and Allowances Act 1975 section 7A as

to the remuneration to be paid or provided to a CEO of a

local government that is of a comparable size and location.

44. Section 6.14(1) does not apply to existing investments

Section 6.14(1) as in force immediately before the coming

into operation of section 19(1) of the amending Act (the

amending provision) continues to operate in respect of any

investment made under section 6.14(1) before the coming

into operation of the amending provision but does not

operate so as to allow any reinvestment under that provision.

Local Government Amendment Act 2012

Rates and Charges (Rebates and Deferments) Act 1992

Part 3

amended

s. 34

Part 3 — Rates and Charges (Rebates and Deferments)

Act 1992 amended

34. Act amended

This Part amends the Rates and Charges (Rebates and

Deferments) Act 1992.

35. Section 3 amended

(1)

In section 3(1) in the definition of charged period delete

“made;” and insert:

made and has a meaning affected by section 40(2A);

(2)

In section 3(1) in the definition of prescribed charge after

paragraph (c) insert:

(da)	a charge, by way of a service charge, made under the Local Government Act 1995 section 6.38 in relation to the provision of underground electricity; or

36. Section 40 amended

(1)	After section 40(1) insert:

(2A)	Despite anything else in this Act, this section does not apply to an eligible senior in respect of a prescribed charge for the provision of underground electricity for any charged period other than the first year or part of the first year for which that charge is to be or was made.

Local Government Amendment Act 2012

Part 3

Rates and Charges (Rebates and Deferments) Act 1992

amended

s. 36

(2)	In section 40(5) in the definition of the variable “PC” delete “(9)(a);” and insert:
(9) in respect of an eligible senior;
(3)	In section 40(6) in the definition of the variable “PC” delete “(9)(b);” and insert:
(9) in respect of an eligible pensioner;
(4)	In section 40(7):

(a)	in the definition of the variable “PCS” delete “(9)(a);” and insert:

(9) in respect of an eligible senior;

(b)	in the definition of the variable “PCP” delete “(9)(b);” and insert:

(9) in respect of an eligible pensioner;

(5)	In section 40(9):

(a)	in paragraph (b) after “drainage” insert:

or underground electricity

(b)	in paragraph (b) delete “concerned; and” and insert:

concerned;

Local Government Amendment Act 2012

Rates and Charges (Rebates and Deferments) Act 1992

Part 3

amended

s. 36

(c)

delete paragraph (c) and insert:

(c)	for an eligible senior, on any prescribed charge for the provision of underground electricity — 25% of the prescribed charge concerned, up to such limit as is prescribed;
(d)	on any other prescribed charge —

(i) for an eligible senior — the prescribed percentage of the charge, up to such limit as is prescribed;

(ii) for an eligible pensioner — the prescribed percentage of the charge.

Local Government Amendment Act 2012

Part 4

Salaries and Allowances Act 1975 amended

Part 4 — Salaries and Allowances Act 1975 amended

37. Act amended

This Part amends the Salaries and Allowances Act 1975.

38. Section 7A replaced

Delete section 7A and insert:

7A.

Determinations as to remuneration of local

government CEOs

(1)

The Tribunal is to, from time to time as provided by

this Act, inquire into and determine, the amount of

remuneration, or the minimum and maximum amounts

of remuneration, to be paid or provided to chief

executive officers of local governments.

(2)

Section 6(2) and (3) apply to a determination under this

section.

39. Section 7B inserted

After section 7A insert:

7B.

Determinations as to fees and allowances of local

government councillors

(1)

In this section —

elected council member means a person elected under

the Local Government Act 1995 as a member of the

council of a local government.

(2)

The Tribunal is to, from time to time as provided by

this Act, inquire into and determine —

(a)	the amount of fees, or the minimum and maximum amounts of fees, to be paid under the

Local Government Amendment Act 2012

Salaries and Allowances Act 1975 amended	Part 4
s. 40

Local Government Act 1995 to elected council members for attendance at meetings; and

(b)	maximum amounts of expenses, to be

the amount of expenses, or the minimum and Act 1995 to elected council members; and

(c)	the amount of allowances, or the minimum and maximum amounts of allowances, to be paid under the Local Government Act 1995 to elected council members.

(3)	Section 6(2) and (3) apply to a determination under this section.

40. Section 8 amended

In section 8:

(a)	in paragraph (c) delete “report under section 7A and another.” and insert:

determination under section 7A and another; and

(b)

after paragraph (c) insert:

(d)	not more than a year elapses between one determination under section 7B(2) and another.

(c)

after paragraph (a) insert:

and

Local Government Amendment Act 2012

Part 4	Salaries and Allowances Act 1975 amended
s. 41

41. Section 10 amended

In section 10(4)(c) delete the passage that begins with “to the remuneration” and continues to the end of the subsection and insert:

to —

(i) the remuneration to be paid or provided to chief executive officers of local governments referred to in section 7A; or

(ii) the fees, expenses and allowances to be paid to elected council members referred to in section 7B.