Local Government Regulations Amendment (Induction and Training) Regulations 2019 (WA)

3020 GOVERNMENT GAZETTE, WA 9 August 2019

LOCAL GOVERNMENT

LG301

Local Government Act 1995

Local Government Regulations Amendment (Induction and Training) Regulations 2019

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.             Citation

These regulations are the Local Government Regulations Amendment (Induction and Training) Regulations 2019.

2.             Commencement

These regulations come into operation as follows —

(a) Part 1 — on the day on which these regulations are

published in the Gazette;

(b) Part 2 — when the Local Government Legislation

Amendment Act 2019 section 15 comes into operation;

(c) Part 3 — when the Local Government Legislation

Amendment Act 2019 section 61 comes into operation.

Part 2 — Local Government (Elections)

Regulations 1997 amended

3.             Regulations amended

This Part amends the Local Government (Elections)
Regulations 1997.

4.             Regulation 22B inserted

At the beginning of Part 5 insert:

22B.	Course of induction — s. 4.48(1) and (2)
For the purposes of section 4.48(1) and (2), the course of induction is the course titled Local Government Candidate Induction that is available on the
Department’s official website.

9 August 2019 GOVERNMENT GAZETTE, WA 3021

5.             Schedule 1 amended

(1) In Schedule 1 Form 8:

(a) delete:

Declaration

I declare that:

	I am at least 18 years of age; and
	I am an elector of the district2; and

[Making a false

declaration is an

 I am not disqualified from being a member of the council3; and

offence]

	[nominees for councillor only] I am eligible to nominate as a councillor4; and
	all of the details set out above are true and correct.

[To be signed before

Signature:  Date:

a witness] 

and insert:

Declaration

I declare that:

	I am at least 18 years of age; and
	I am an elector of the district2; and

[Making a false

 I am not disqualified from being a member of the council3; and

declaration is an

offence]

	[nominees for councillor only] I am eligible to nominate as a councillor4; and
	I have completed the course of induction5; and
	all of the details set out above are true and correct.

[To be signed before
a witness]

Signature:  Date:

(b) after:

4	Eligibility to	You are not eligible to nominate as a councillor if you are:
nominate as a	 a member of the council (unless your term of office expires on

councillor election day); or

 a candidate in another election for the office of councillor.

insert:

5	Course of induction	The course of induction is the course titled Local Government
Candidate Induction that is available on the Department’s official
website.

(2) In Schedule 1 Form 9:

(a) delete:

Declaration	I declare that, to the best of knowledge the nominee:
 Is at least 18 years of age;
[Making a false	 Is an elector of the district2;
declaration is an
 Is not disqualified from being a member of the council3;
offence]
 [nominees for councillor only] Is eligible to nominate as a councillor4;
and that all of the details set out above are true and correct.
[To be signed before
Signature:  Date:
a witness]

and insert:

Declaration

I declare that to the best of my knowledge the nominee:

	is at least 18 years of age;
	is an elector of the district2;

[Making a false

declaration is an

 is not disqualified from being a member of the council3;

offence]

	[nominees for councillor only] is eligible to nominate as a councillor4;
	has completed the course of induction5;

and that all of the details set out above are true and correct.

[To be signed before
a witness]

Signature:  Date:

3022 GOVERNMENT GAZETTE, WA 9 August 2019

(b) delete “nominee5” and insert:

6

nominee

(c) delete:

5	Authorisation	You must give to the Returning Officer written evidence that the nominee has authorised you to make the nomination. The nominee may fill in and sign this box or you may send a written authorisation, signed by the nominee, to the Returning Officer with your nomination form or
at any time before the closing date for nominations.

and insert:

5	Course of	The course of induction is the course titled Local Government Candidate
induction	Induction that is available on the Department’s official website.
6	Authorisation	You must give to the Returning Officer written evidence that the nominee has authorised you to make the nomination. The nominee may fill in and sign this box or you may send a written authorisation, signed by the nominee, to the Returning Officer with your nomination form or
at any time before the closing date for nominations.
9 August 2019	GOVERNMENT GAZETTE, WA	3023

(ii) Serving on Council; (iii) Meeting Procedures; (iv) Conflicts of Interest; (v) Understanding Financial Reports and

Budgets;

and

(b) is provided by any of the following bodies —

(i) North Metropolitan TAFE; (ii) South Metropolitan TAFE; (iii) WALGA.

(3) The period within which the course of training must be passed is the period of 12 months beginning on the day on which the council member is elected.

36.           Exemption from Act s. 5.126(1) requirement

(1)	A council member is exempt from the requirement in
section 5.126(1) if —

(a) the council member passed either of the following courses within the period of 5 years ending immediately before the day on which

the council member is elected —

(i)      the course of training specified in regulation 35(2);

(ii)      the course titled 52756WA — Diploma

of Local Government (Elected Member);

or

(b) the council member passed the course titled LGASS00002 Elected Member Skill Set before 1 July 2019 and within the period of 5 years ending immediately before the day on which the council member is elected.

(2)	A person who is a council member on the day on which the Local Government Regulations Amendment
(Induction and Training) Regulations 2019
regulation 8 comes into operation is exempt from the requirement in section 5.126(1) until the end of their term of office.

M. INGLIS, Clerk of the Executive Council.

———————————

Part 3 — Local Government (Administration)

Regulations 1996 amended

6.             Regulations amended

This Part amends the Local Government (Administration)
Regulations 1996.

7.             Part 10 heading inserted

After regulation 34G insert:

Part 10 — Training

8.             Regulations 35 to 39 replaced

Delete regulations 35 to 39 and insert:

35.           Training for council members (Act s. 5.126(1))

(1)	A council member completes training for the purposes of section 5.126(1) if the council member passes the course of training specified in subregulation (2) within the period specified in subregulation (3).
(2)	The course of training is the course titled Council
Member Essentials that —

(a) consists of the following modules —

(i)      Understanding Local Government;