Local Government (Rules of Conduct) Amendment Regulations 2016 (WA)

4 March 2016 GOVERNMENT GAZETTE, WA 659

Local Government Act 1995

Local Government (Rules of Conduct)

Amendment Regulations 2016

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Local Government (Rules of Conduct)
Amendment Regulations 2016.

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 (Rules of
Conduct) Regulations 2007.

4.             Part 2 Division 1 heading inserted

At the beginning of Part 2 insert:

Division 1 — Preliminary

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5.             Part 2 Division 2 heading inserted

After regulation 5 insert:

Division 2 — Rules of conduct: general

6.             Part 2 Division 3 inserted

After regulation 12 insert:

Division 3 — Rules of conduct: transitional period

13.           Terms used

In this Division —

address has the meaning given in section 5.74(1) of
the Act;

assent day means the day on which the City of Perth
Act 2016 receives the Royal Assent;

designated employee has the meaning given in
section 5.74(1) of the Act;

gift has the meaning given in section 5.82(4) of
the Act;

political party has the meaning given in section 5.83(4)
of the Act;

relative has the meaning given in section 5.74(1) of
the Act;

transitional period means the period beginning on 1 July 2015 and ending at the close of assent day;

travel has the meaning given in section 5.83(4) of
the Act;

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travel contribution, in relation to a person, means a financial or other contribution that has been made to any travel undertaken by the person.

14.           Disclosure of gifts

(1)	A person who is a council member must disclose each gift received by the person during the transitional period.
(2)	The disclosure is to be made in writing to the CEO.
(3)	The disclosure is to be made within 28 days after assent day.
(4)	The disclosure is to include the following —

(a)	a description of the gift;
(b)	the name and address of the person who made the gift;
(c)	the date on which the gift was received;
(d)	the estimated value of the gift at the time it was made;
(e)	the nature of the relationship between the person who is a council member and the person who made the gift.

(5)	Nothing in this regulation requires a person to disclose
a gift received by the person if —

(a) the amount of the gift did not exceed $200

unless —

(i)      the gift was one of 2 or more gifts made by one person at any time during the year; and

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(ii)      the sum of those 2 or more gifts exceeded $200;

or

(b) the donor was a relative of the person.

(6)	For the purposes of subregulation (5)(a), the amount of a gift comprising property, other than money, or the conferral of a financial benefit is to be treated as being an amount equal to the value of the property or the financial benefit at the time the gift was made.
(7)	The CEO must maintain a register of gifts received during the transitional period in which details of disclosures made under this regulation are recorded.

15.           Disclosure of travel contributions

(1)	A person who is a council member must disclose each travel contribution received by the person during the transitional period.
(2)	The disclosure is to be made in writing to the CEO.
(3)	The disclosure is to be made within 28 days after assent day.
(4)	The disclosure is to include the following —

(a)	a description of the contribution;
(b)	the name and address of the person who made the contribution;
(c)	the date on which the contribution was received;
(d)	the estimated value of the contribution at the time it was made;
(e)	the nature of the relationship between the person who is a council member and the person who made the contribution;

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(f) a description of the travel;

(g) the date of travel.

(5)	Nothing in this regulation requires a person to disclose
a travel contribution if —

(a)

the contribution was made from funds; or

(b)	the contribution was made by a relative of the person; or
(c)	the contribution was made in the ordinary course of an occupation of the person which is

not related to the person’s duties as a council

member; or

(d) the amount of the contribution did not exceed

$200 unless —

(i)      the contribution was one of 2 or more contributions made by one person at any time during the year; and

(ii)      the sum of those 2 or more contributions exceeded $200;

or

(e) the contribution was made by a political party of which the person was a member and the travel was undertaken for the purpose of political activity of the party, or to enable the person to represent the party.

(6) For the purposes of subregulation (5)(d), the amount of a contribution (other than a financial contribution) is to be treated as being an amount equal to the value of the contribution at the time the contribution was made.

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(7) The CEO must maintain a register of travel
contributions received during the transitional period in
which details of disclosures made under this regulation
are recorded.

N. HAGLEY, Clerk of the Executive Council.

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