YATES and LOCAL GOVERNMENT STANDARDS PANEL

Yates brought proceedings against the Local Government Standards Panel in the Federal Circuit Court. Yates argued that the Panel had wrongly determined that he had breached the rules of conduct for council members. The dispute centred on Yates' alleged misuse of his position as a council member by lobbying for certain projects at the Bassendean Village Shopping Centre, including a road crossover and car park entrance, and his subsequent actions in seeking a private quote for the works. The key issue for the court was whether Yates' actions constituted an improper use of office under the Local Government Act 2009 (WA). Specifically, the court had to determine whether Yates' intention in giving written notice to the Town's CEO was to cause detriment to the Town and whether his actions amounted to a minor breach of the rules of conduct.

The court considered the relevant provisions of the Local Government Act and the Rules of Conduct Regulations. It noted that Yates had a genuine interest in the projects and had been advocating for them before his election to the council. The court held that while Yates' actions could be seen as lobbying, they did not necessarily amount to an improper use of office. The court further found that Yates' intention was not to cause detriment to the Town but rather to advocate for projects he believed would benefit the community. The court concluded that Yates' actions constituted a minor breach of the rules of conduct, but not a significant one. Given the minor nature of the breach, the court ruled in favour of Yates and quashed the Panel's determination.

The Federal Circuit Court quashed the decision of the Local Government Standards Panel and found that Yates had not improperly used his office as a council member. The court's decision highlights the importance of distinguishing between legitimate advocacy and improper use of office, particularly in cases where council members seek to address issues they were involved with prior to their election.