Local Government Legislation Amendment Act 2016 (WA)
Western Australia
Western Australia
Western Australia
Local Government Legislation Amendment Act 2016The Parliament of Western Australia enacts as follows:
This is the
This Act comes into operation as follows —
(a) Part 1 — 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.
This Part amends the
In section 1.4 insert in alphabetical order:
After section 3.12(1) insert:
(2A) Despite subsection (1), a failure to follow the procedure described in this section does not invalidate a local law if there has been substantial compliance with the procedure.
In section 3.60 before “unless” insert:
or regional subsidiary
In the heading to Part 3 Division 4 after “
In section 3.68 delete “this Division” and insert:
sections 3.61 to 3.67
At the end of Part 3 Division 4 insert:
(1) Two or more local governments making arrangements under which they are to provide a service or carry on an activity jointly may, with the Minister’s approval and in accordance with the regulations, form a subsidiary body (called a
regional subsidiary ) to provide that service or carry on that activity.(2) If the Minister approves the formation of a regional subsidiary, the Minister must, by notice in the
Gazette , declare that the regional subsidiary is established —(a) on the date set out in the notice; and
(b) under the name set out in the notice.
(3) A regional subsidiary —
(a) is a body corporate with perpetual succession and a common seal; and
(b) is to have a governing body consisting of members appointed in accordance with the regional subsidiary’s charter (as approved by the Minister in accordance with section 3.70(3)).
(4) Without limiting subsection (3)(b), a governing body may consist of or include members who are not council members or employees.
(1) Local governments proposing to form a regional subsidiary must prepare a charter addressing the following matters —
(a) the establishment and powers and duties of the regional subsidiary;
(b) the process for selecting and appointing members of the regional subsidiary’s governing body;
(c) the qualifications that members of the regional subsidiary’s governing body must have;
(d) the administration of the regional subsidiary, including the membership and procedures of its governing body, and the fees, allowances and expenses to be paid or reimbursed to the members of its governing body;
(e) the financial management, planning, auditing and reporting to be undertaken by the regional subsidiary;
(f) the process for amending the charter;
(g) the winding up of the regional subsidiary;
(h) any other matters required by the regulations to be dealt with in a charter.
(2) The local governments must forward the charter to the Minister when applying for approval for the formation of the regional subsidiary.
(3) A charter, and an amendment to a charter, are of no effect unless approved by the Minister.
Regulations may —
(a) regulate the procedure for applying to the Minister for approval for the formation of a regional subsidiary; and
(b) require the local governments proposing to form a regional subsidiary to consult with the community in their districts in accordance with the regulations; and
(c) provide that a specified provision of this Act applies in relation to a regional subsidiary subject to any prescribed or necessary modifications; and
(d) provide for or regulate any other matter that is necessary or convenient to be provided for or regulated in respect of a regional subsidiary.
(1) Section 3.69 has effect in addition to the provisions of this Division relating to regional local governments, and does not derogate from those provisions.
(2) Nothing in section 3.69 prevents local governments from making arrangements under which —
(a) a local government provides a service or carries on an activity for another local government; or
(b) local governments provide a service or carry on an activity jointly without forming a regional subsidiary.
10. Section 4.88 amended (1) Delete section 4.88(1) and insert:
(1) A person must not, during the relevant period in relation to an election —
(a) print, publish or distribute deceptive material; or
(b) cause deceptive material to be printed, published or distributed.
Penalty: a fine of $5 000 or imprisonment for one year.
(2) In section 4.88(2) delete “subsection (1)(a)” and insert:
subsection (1)
(3) Delete section 4.88(3).
Note: The heading to amended section 4.88 is to read:
In section 5.49(1) in the definition of
(ca) a regional subsidiary; or
Delete section 5.63(1)(c) and insert:
(c) an interest relating to —
(i) a fee, reimbursement of an expense or an allowance to which section 5.98, 5.98A, 5.99, 5.99A, 5.100 or 5.101(2) refers; or
(ii) a gift permitted by section 5.100A; or
(iii) reimbursement of an expense that is the subject of regulations made under section 5.101A;
or
(1) In section 5.99A:
(a) delete “A local government” and insert:
(1) A local government
(b) after “pay all” insert:
eligible
(2) At the end of section 5.99A insert:
(2) For the purposes of subsection (1), a council member is eligible to be paid an annual allowance under subsection (1) for a type of expense only in the following cases —
(a) in the case of an annual allowance that is paid in advance, if it is reasonably likely that the council member will incur expenses of that type during the period to which the allowance relates;
(b) in the case of an annual allowance that is not paid in advance, if the council member has incurred expenses of that type during the period to which the allowance relates.
14. Sections 5.102AA to 5.102AC inserted
At the end of Part 5 Division 8 insert:
A determination made by the Salaries and Allowances Tribunal under the
(1) This section applies if —
(a) a local government pays an annual allowance or annual fee under this Division to a person in advance (either wholly or in part); and
(b) the person ceases to hold the office to which the allowance or fee relates before the end of the period to which the advance payment relates.
(2) Regulations may be made —
(a) requiring the repayment to a local government, to the extent determined in accordance with the regulations, of an advance payment of an annual allowance or annual fee in the circumstances to which this section applies; and
(b) providing for a local government to recover any amount repayable if it is not repaid.
(1) This Division applies, and is to be taken to have always applied, in accordance with section 3.66(1) and (5) to and in relation to regional local governments, members and deputy members of the councils of regional local governments and chairmen and deputy chairmen of regional local governments.
(2) This section does not limit section 3.66.
After section 5.109 insert:
(1) This section applies to the following complaints —
(a) a complaint made under section 5.107, other than a complaint that, under section 5.115, the complaints officer has sent to the Departmental CEO;
(b) a complaint made under section 5.114 that, under section 5.108, the Departmental CEO has sent to the complaints officer;
(c) a complaint made under section 5.109.
(2) A person who has made a complaint to which this section applies can withdraw the complaint at any time before a standards panel does either of the things that it is required to do under section 5.110(2) in relation to the complaint.
(3) A withdrawal of a complaint —
(a) must be in writing; and
(b) must be sent to the member of the primary standards panel who is appointed under Schedule 5.1 clause 2(a).
(4) If a complaint is withdrawn —
(a) the member of the primary standards panel who is appointed under Schedule 5.1 clause 2(a) must, as soon as practicable after receiving the withdrawal —
(i) give to the person who made the complaint an acknowledgment in writing that the withdrawal of the complaint has been received; and
(ii) notify the council member about whom the complaint was made and the complaints officer that the complaint has been withdrawn;
and
(b) neither the member of the primary standards panel who is appointed under Schedule 5.1 clause 2(a) nor a standards panel is to take any action or, as the case requires, any further action under section 5.110 in relation to the complaint; and
(c) a further complaint about the matter that is the subject of the withdrawn complaint cannot be made (whether by the original complainant or anyone else) unless the member of the primary standards panel who is appointed under Schedule 5.1 clause 2(a) is satisfied that it is appropriate to do so in the circumstances.
(5) Without limiting subsection (2), a complaint cannot be withdrawn if, under section 5.111, a standards panel has sent the complaint to the Departmental CEO, even if the Departmental CEO subsequently decides not to make an allegation under section 5.112(2).
(6) Despite subsection (4) —
(a) even though a complaint has been withdrawn, a standards panel can deal with the complaint as if it had not been withdrawn if the member of the primary standards panel who is appointed under Schedule 5.1 clause 2(a) is satisfied that it is appropriate to do so in the circumstances; and
(b) if paragraph (a) applies, the member of the primary standards panel who is appointed under Schedule 5.1 clause 2(a) must notify the parties and the complaints officer that a standards panel is to deal with the complaint.
16. Section 5.110 amended (1) After section 5.110(2) insert:
(3A) However, a standards panel can at any stage of its proceedings refuse to deal with a complaint if the standards panel is satisfied that the complaint is frivolous, trivial, vexatious, misconceived or without substance.
(2) Delete section 5.110(4) and insert:
(4) A standards panel must give each party written notice of the reasons for —
(a) any finding it makes under subsection (2); or
(b) any refusal under subsection (3A) to deal with a complaint.
17. Section 6.23 amended
After section 6.23(3) insert:
(4) In relation to a regional subsidiary, a receiver is entitled to receive whichever of the following over which security has been given in a particular case —
(a) the financial contributions of the participants to the regional subsidiary’s funds as set out or provided for in the regional subsidiary’s charter;
(b) Government grants that were not given to the regional subsidiary for a specific purpose;
(c) the general funds of a participant to the extent that those funds secure financial accommodation extended to the regional subsidiary.
18. Section 9.15 amended
In section 9.15 delete the definition of
In section 9.17(1):
(a) in paragraph (b) delete “an authorised person” and insert:
the CEO of the local government
(b) delete paragraph (c) and insert:
(c) inform the alleged offender how and where the money may be paid.
In section 9.19 delete “An authorised person” and insert:
The CEO of a local government
In section 9.20(1) delete “an authorised person” and insert:
the CEO of the local government
Delete section 9.23.
After Schedule 2.1 clause 11(4) insert:
(5A) The value of compensation required to be made under subclause (4)(a) to a person whose contract of employment with a local government is terminated or varied is not to exceed in total —
(a) in the case of a person whose contract of employment is terminated —
(i) if the person’s employment is governed by a written contract in accordance with section 5.39, the maximum amount of money to which the person is entitled, under that contract, if the contract is terminated before the expiry date; or
(ii) in any other case, the value of the person’s final annual remuneration, as calculated in accordance with regulations made for the purposes of section 5.50(3);
or
(b) in the case of a person whose contract of employment is varied, the lesser of —
(i) the amount that the person would have been entitled to if the person’s contract of employment had been terminated before the expiry date; or
(ii) the value of the person’s annual remuneration for the year ending on the date of the variation, calculated in accordance with regulations made for the purposes of section 5.50(3) as if the person’s contract of employment had terminated on that date.
(5B) For the purposes of subclause (5A), the total value of the compensation required to be made to a person includes all amounts to which the person is entitled under a contract of employment or award relating to the person as an employee of the local government.
After Schedule 2.1 clause 11 insert:
(1) In this clause —
(a) the Registrar of Titles under the
Transfer of Land Act 1893 ; or(b) the Registrar of Deeds and Transfers under the
Registration of Deeds Act 1856 ; or(c) the Minister administering the
Land Administration Act 1997 ; or(d) any other person authorised by a written law to record and give effect to the registration of documents relating to transactions affecting any estate or interest in land or any other property.
(2) The relevant officials are —
(a) to take notice of an order of the kind referred to in clause 11(3) relating to property, rights and liabilities; and
(b) to record and register in the appropriate manner the documents necessary to show the effect of the order as it relates to those matters.
25. Schedule 9.3 Division 3 inserted
At the end of Schedule 9.3 insert:
In this Division —
Sections 5.110A and 5.110 (as amended by the amending Act) apply to and in relation to a complaint whether made before or after the amending Act section 15 comes into operation.
(1) An infringement notice given under section 9.16 before the amending Act section 19 comes into operation is not invalid, and is to be taken never to have been invalid, just because the notice provided that the amount of the modified penalty may be paid to an authorised person at a particular place and did not state who are authorised persons for the purposes of receiving payment of modified penalties.
(2) Any extension of time for payment given under section 9.19 before the amending Act section 20 comes into operation is to be taken to have been given by the CEO of the relevant local government.
(3) Any withdrawal of an infringement notice before the amending Act section 21 comes into operation is to be taken to have been done by the CEO of the relevant local government.
Schedule 2.1 clause 11(5A) and (5B) apply to and in relation to the termination or variation of a contract of employment whether entered into before or after the amending Act section 23 comes into operation.
This Division amends the
In section 6 in the definition of
(d) a local government, regional local government or regional subsidiary;
This Division amends the
In section 125(2) in the definition of
government, regional local government or regional subsidiary.
This Division amends the
In section 3 in the definition of
(c) a local government, regional local government or regional subsidiary;
This Division amends the
In section 3 in the definition of
(b) a local government, regional local government or regional subsidiary;
This Division amends the
In section 3 in the definition of
(c) a local government, regional local government or regional subsidiary; or
This Division amends the
In section 3 in the definition of
(c) a local government, regional local government or regional subsidiary; or
This Division amends the
In section 63(1) in the definition of
government, regional local government or regional subsidiary.
In section 107(2)(b) delete “government or a regional local government,” and insert:
government, regional local government or regional subsidiary,
This Division amends the
In section 5U in the definition of
(f) a local government, regional local government or regional subsidiary; or
This Division amends the
In section 5 in the definition of
(c) a local government, regional local government or regional subsidiary; or
This Division amends the
In section 3 in the definition of
(b) a local government, regional local government or regional subsidiary; or
This Division amends the
(1) In section 3(1) in the definition of
minor misconduct delete paragraph (c) and insert:(c) conduct engaged in by —
(i) a member of a local government or council of a local government; or
(ii) a member of a council of a regional local government;
(2) In section 3(1) in the definition of
public authority paragraph (c) delete “regional local government” and insert:
regional local government, regional subsidiary
This Division amends the
In section 3 in the definition of
or regional subsidiary
This Division amends the
(1) In section 3 in the definition of
public authority delete paragraph (c) and insert:(c) a local government, regional local government or regional subsidiary; or
(2) In section 3 in the definition of
public authority after each of paragraphs (a), (b) and (d) insert:
or
This Division amends the
In section 4 in the definition of
(c) a local government, regional local government or regional subsidiary;
This Division amends the
In section 70(1) in the definition of
government, regional local government or regional subsidiary.
This Division amends the
(1) In the Glossary clause 1 in the definition of
principal officer after paragraph (d) insert:(ea) in relation to a regional subsidiary — the person who manages the affairs of the regional subsidiary;
(2) In the Glossary clause 1 in the definition of
public body or office delete paragraph (d) and insert:(d) a local government, regional local government or regional subsidiary; or
This Division amends the
(1) In section 6 in the definition of
public authority delete paragraph (c) and insert:(c) a local government, regional local government or regional subsidiary;
This Division amends the
In section 7(1) in the definition of
government, regional local government or regional subsidiary;
This Division amends the
In section 5 insert in alphabetical order:
This Division amends the
In section 37(1A) in the definition of
(c) a local government, regional local government or regional subsidiary; or
This Division amends the
In section 19 in the definition of
(b) a local government, regional local government or regional subsidiary;
This Division amends the
In section 3(1) in the definition of
(c) a local government, regional local government or regional subsidiary; or
This Division amends the
Delete section 95(1)(c) and insert:
(c) a person employed by —
(i) a local government or regional local government under the
Local Government Act 1995 section 5.36; or(ii) a regional subsidiary.
Division 24 – Mental Health Act 2014 amended
This Division amends the
In section 572(1) in the definition of
(d) a local government, regional local government or regional subsidiary;
This Division amends the
In section 11(1) in the definition of
(c) a local government, regional local government or regional subsidiary;
This Division amends the
Delete section 4A(1)(a) and insert:
(a) a local government, regional local government or regional subsidiary;
This Division amends the
In section 40(2)(g) delete “government or” and insert:
government, a regional subsidiary or
This Division amends the
In section 4(1) in the definition of
(da) a regional subsidiary; or
This Division amends the
In section 3(1) in the definition of
(d) a local government, a regional local government or a regional subsidiary;
This Division amends the
(1) Before section 102(1) insert:
(1A) In this section —
(2) In section 102(3) delete “Part 5, Division 8 of the
Local Government Act 1995 .” and insert:
the
In Schedule 1 after item 15 insert:
15A | Any regional subsidiary or the governing body of a regional subsidiary |
This Division amends the
In section 4 in the definition of
(c) a local government, regional local government or regional subsidiary; or
This Division amends the
In section 4(1) in the definition of
government, regional local government, regional subsidiary or
This Division amends the
In Schedule 1 item 12 delete “government or regional local government” and insert:
government, regional local government or regional subsidiary
This Division amends the
In section 16(1)(c) delete “governments and regional local governments” and insert:
governments, regional local governments and regional subsidiaries
In section 17(5) in the definition of
government, regional local government or regional subsidiary.
This Division amends the
In section 3 delete the definition of
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