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Answer
  
  
  
  
  
FaqAnswer
  
  

If you are a current cat breeder or wish to become a breeder you must apply for a cat breeding permit from your local government. These permits are valid for 12-months.

When a cat is sold or given away, you must ensure the cat is microchipped and sterilised prior to transfer. If the cat cannot be sterilised due to its young age, you must issue a prepaid sterilisation voucher to the new owner.

Yes
2
Cat Act Information for Cat BreedersCat Act Information for Cat Breeders7

If you are a current cat breeder or wish to become a breeder you must apply for a cat breeding permit from your local government. These permits are valid for 12-months.

When a cat is sold or given away, you must ensure the cat is microchipped and sterilised prior to transfer. If the cat cannot be sterilised due to its young age, you must issue a prepaid sterilisation voucher to the new owner.

​​​
  

Yes – your application may be refused if:

  • your local government deems your premises or facilities to be unsuitable to breed cats in a safe and ethical way;
  • you have been convicted of an offence against the Cat Act 2011, Dog Act 1976, or Animal Welfare Act 2002 in the past three years; or
  • you have been issued an infringement notice under the Cat Act 2011 in the past 12-months.

If you are a member of the Cat Owners Association WA, Feline Control Council of WA or Australian National Cats, you cannot have your application refused unless you have been convicted against the Cat Act 2011, Dog Act 1976 or the Animal Welfare Act 2002 in the past three years.

Cat breeders may be subject to conditions placed on them by the local government.

Yes
3
Cat Act Information for Cat BreedersCat Act Information for Cat Breeders8

Yes – your application may be refused if:

  • your local government deems your premises or facilities to be unsuitable to breed cats in a safe and ethical way;
  • you have been convicted of an offence against the Cat Act 2011, Dog Act 1976, or Animal Welfare Act 2002 in the past three years; or
  • you have been issued an infringement notice under the Cat Act 2011 in the past 12-months.

If you are a member of the Cat Owners Association WA, Feline Control Council of WA or Australian National Cats, you cannot have your application refused unless you have been convicted against the Cat Act 2011, Dog Act 1976 or the Animal Welfare Act 2002 in the past three years.

Cat breeders may be subject to conditions placed on them by the local government.

No
  
Yes. All cats must be sterilised unless an exemption is granted or the cat belongs to an approved breeder.
Yes
4
Cat Act Information for Cat BreedersCat Act Information for Cat Breeders9
Yes. All cats must be sterilised unless an exemption is granted or the cat belongs to an approved breeder.
​​
No
  

Yes. It will be a requirement that all cats are sterilised and microchipped before point of sale. However, if a cat is too young to be sterilised, breeders and pet shops will be able to provide a prepaid voucher to the purchaser to have sterilisation done before the cat reaches 6 months of age.

This applies whether the cat is sold or given away to someone. It applies to any cat/kitten – not just those from shops.

Yes
5
Cat Act Information for Cat BreedersCat Act Information for Cat Breeders10

Yes. It will be a requirement that all cats are sterilised and microchipped before point of sale. However, if a cat is too young to be sterilised, breeders and pet shops will be able to provide a prepaid voucher to the purchaser to have sterilisation done before the cat reaches 6 months of age.

This applies whether the cat is sold or given away to someone. It applies to any cat/kitten – not just those from shops.

No
  
Yes, however, you will need to apply to your local government for an approval to breed. You will also need to ensure that from 1 November 2013 all kittens are microchipped and sterilised before sale. If the vet considers the kitten is too young/small to be sterilised, you will need to give the new owners a prepaid voucher for sterilisation (you may charge the purchaser extra for this).
Yes
6
Cat Act Information for Cat BreedersCat Act Information for Cat Breeders11

​Yes, however, you will need to apply to your local government for an approval to breed. You will also need to ensure that from 1 November 2013 all kittens are microchipped and sterilised before sale. If the vet considers the kitten is too young/small to be sterilised, you will need to give the new owners a prepaid voucher for sterilisation (you may charge the purchaser extra for this).

No
  
If a kitten is too small to be sterilised before ownership is transferred a voucher covering the cost of sterilisation must be provided with the kitten. This can be arranged through organisations such as the Cat Haven and veterinarians.
Yes
7
Cat Act Information for Cat BreedersCat Act Information for Cat Breeders12

​If a kitten is too small to be sterilised before ownership is transferred a voucher covering the cost of sterilisation must be provided with the kitten. This can be arranged through organisations such as the Cat Haven and veterinarians.

No
  
Apply to your local government to be an approved breeder under the Cat Act 2011.
Yes
8
Cat Act Information for Cat BreedersCat Act Information for Cat Breeders13

​Apply to your local government to be an approved breeder under the Cat Act 2011.

No
  

The Act requires local governments to assess each application for an approval to breed when it is received.

A local government may refuse an application on the following criteria:

  • the applicant is a child under 18 years of age
  • the applicant has no, or insufficient, facilities to breed cats in a safe and ethical way
  • the applicant has no, or unsuitable, premises where cats can be bred in a safe and ethical way
  • the applicant has been convicted within the previous 3 years of an offence against —
    • the Cat Act 2011, or
    • the Dog Act 1976, or
    • the Animal Welfare Act 2002.
  • the applicant is not a fit and proper person to breed cats
  • the applicant has been fined in the previous 12 months.

The local government is required to provide in writing the reasons why an applicant is refused, and the applicant can then appeal that decision to the local government and/or the State Administrative Tribunal if they choose to.

Yes
9
Cat Act Information for Cat BreedersCat Act Information for Cat Breeders14

​The Act requires local governments to assess each application for an approval to breed when it is received.

A local government may refuse an application on the following criteria:

  • the applicant is a child under 18 years of age
  • the applicant has no, or insufficient, facilities to breed cats in a safe and ethical way
  • the applicant has no, or unsuitable, premises where cats can be bred in a safe and ethical way
  • the applicant has been convicted within the previous 3 years of an offence against —
    • the Cat Act 2011, or
    • the Dog Act 1976, or
    • the Animal Welfare Act 2002.
  • the applicant is not a fit and proper person to breed cats
  • the applicant has been fined in the previous 12 months.

The local government is required to provide in writing the reasons why an applicant is refused, and the applicant can then appeal that decision to the local government and/or the State Administrative Tribunal if they choose to.

No
  

A local government cannot refuse an application if the applicant is 18 years or older, has not been convicted in the past 3 years of an offence against one of the above Acts, and is a current financial member of one of the following associations:

  • Cat Owners Association of WA;
  • Feline Control Council of WA; or
  • Australian National Cats.

You are required to comply with that organisation’s code of conduct.

Yes
10
Cat Act Information for Cat BreedersCat Act Information for Cat Breeders15

​A local government cannot refuse an application if the applicant is 18 years or older, has not been convicted in the past 3 years of an offence against one of the above Acts, and is a current financial member of one of the following associations:

  • Cat Owners Association of WA;
  • Feline Control Council of WA; or
  • Australian National Cats.

You are required to comply with that organisation’s code of conduct.

No
  

The Cat Regulations prescribe that cats in the custody of one of the following organisations are exempt from registration:

  • Cat Haven
  • RSPCA WA
  • Australian Customs and Border Protection Service
  • A cat management facility, and
  • A veterinary clinic or veterinary hospital.

Custody also includes cats in foster care arranged by one of the above organisations, as ultimately, the responsibility of the cat is still with that organisation.

If the organisation from which you foster cats is not on the prescribed list, you or the organisation will need to talk to the relevant local government about registering the cat/s you foster.

Yes
1
Cat Act Information for Foster CarersCat Act Information for Foster Carers16

​The Cat Regulations prescribe that cats in the custody of one of the following organisations are exempt from registration:

  • Cat Haven
  • RSPCA WA
  • Australian Customs and Border Protection Service
  • A cat management facility, and
  • A veterinary clinic or veterinary hospital.

Custody also includes cats in foster care arranged by one of the above organisations, as ultimately, the responsibility of the cat is still with that organisation.

If the organisation from which you foster cats is not on the prescribed list, you or the organisation will need to talk to the relevant local government about registering the cat/s you foster.

  

All cats are required to comply with the legislation, which includes cats in foster care.

As a rescue/adoption organisation you need to check with your local government to make sure you are complying with any necessary legislation, including any local laws.

Yes
2
Cat Act Information for Foster CarersCat Act Information for Foster Carers17

​All cats are required to comply with the legislation, which includes cats in foster care.

As a rescue/adoption organisation you need to check with your local government to make sure you are complying with any necessary legislation, including any local laws.

No
  
  • Each cat (six months old or more) must be microchipped, sterilised and registered with your local government;
  • You need to pay the registration fee, but this is transferable to the new owner when the cat is rehomed;
  • You are bound by any limit to cat numbers set out in a local law;
  • Like any responsible owner, you need to ensure that your premises are suitable and that your cats do not cause a nuisance to neighbours.
Yes
3
Cat Act Information for Foster CarersCat Act Information for Foster Carers18
  • ​Each cat (six months old or more) must be microchipped, sterilised and registered with your local government;
  • You need to pay the registration fee, but this is transferable to the new owner when the cat is rehomed;
  • You are bound by any limit to cat numbers set out in a local law;
  • Like any responsible owner, you need to ensure that your premises are suitable and that your cats do not cause a nuisance to neighbours.
No
  
The local government is responsible for administering and enforcing the legislation.
Yes
1
Cat Act Information for Local GovernmentsCat Act Information for Local Governments19

​The local government is responsible for administering and enforcing the legislation.

No
  
  • Registration of cats at six months of age within the district upon proof of sterilisation, and microchipping or production of an exemption certificate from a veterinarian.
  • Approval and registration of cat breeders.
  • Management of unowned/unregistered cats through impounding.
Yes
2
Cat Act Information for Local GovernmentsCat Act Information for Local Governments20
  • ​Registration of cats at six months of age within the district upon proof of sterilisation, and microchipping or production of an exemption certificate from a veterinarian.
  • Approval and registration of cat breeders.
  • Management of unowned/unregistered cats through impounding.
No
  

The Government has provided funding to local governments to assist with the implementation of the legislation.

Cat owners will also contribute through registration fees. The revenue received from registration fees will assist in the cost of administering and enforcing the legislation.

Yes
3
Cat Act Information for Local GovernmentsCat Act Information for Local Governments21

​The Government has provided funding to local governments to assist with the implementation of the legislation.

Cat owners will also contribute through registration fees. The revenue received from registration fees will assist in the cost of administering and enforcing the legislation.

No
  

A local government can enforce the legislation by:

  • Issuing a cat control notice requesting a cat owner to comply with certain elements of the legislation such as microchipping and registration.
  • Introducing local laws for cat curfews and cat free zones.
  • Introducing local laws that require cats to be confined to a property as well as laws that deal with nuisance cats.
  • Restricting the number of cats per household if the local government feels this is necessary.
Yes
4
Cat Act Information for Local GovernmentsCat Act Information for Local Governments22

​A local government can enforce the legislation by:

  • Issuing a cat control notice requesting a cat owner to comply with certain elements of the legislation such as microchipping and registration.
  • Introducing local laws for cat curfews and cat free zones.
  • Introducing local laws that require cats to be confined to a property as well as laws that deal with nuisance cats.
  • Restricting the number of cats per household if the local government feels this is necessary.
No
  
Only an authorised person can seize cats on private premises. They must have received consent of the premises’ owner/occupier or a have a warrant.
Yes
5
Cat Act Information for Local GovernmentsCat Act Information for Local Governments23

​Only an authorised person can seize cats on private premises. They must have received consent of the premises’ owner/occupier or a have a warrant.

No
  

Authorised persons are appointed by the local government, but do not have to be a local government employee. For example the local government may appoint rangers from external organisations such as the Cat Haven as well as persons doing feral cat control trapping in public areas.

Whilst these groups can assist with the implementation of the legislation, only local government employees (who are authorised persons) can issue infringement notices.

Yes
6
Cat Act Information for Local GovernmentsCat Act Information for Local Governments24

​Authorised persons are appointed by the local government, but do not have to be a local government employee. For example the local government may appoint rangers from external organisations such as the Cat Haven as well as persons doing feral cat control trapping in public areas.

Whilst these groups can assist with the implementation of the legislation, only local government employees (who are authorised persons) can issue infringement notices.

No
  

Cats impounded must be kept for seven days if the owner can be identified and three days otherwise before either being rehomed or euthanised.

There is an obligation on the cat management facility to make efforts to identify and contact the owner.

Yes
7
Cat Act Information for Local GovernmentsCat Act Information for Local Governments25

Cats impounded must be kept for seven days if the owner can be identified and three days otherwise before either being rehomed or euthanised.

There is an obligation on the cat management facility to make efforts to identify and contact the owner.

No
  
  • Liaise with the local media to help communicate the Cat Act 2011.
  • Take advantage of the resources provided by the Department of Local Government and Communities and display posters and fact sheets in prominent areas such as the local library, community centres and animal shelters.
  • Include updates on the Cat Act 2011 in local government community correspondence such as website news items and community newsletters.
  • Communicate internally with staff and councillors to ensure everyone is aware of the Cat Act 2011 and what it means to cat owners.
Yes
8
Cat Act Information for Local GovernmentsCat Act Information for Local Governments26
  • ​Liaise with the local media to help communicate the Cat Act 2011.
  • Take advantage of the resources provided by the Department of Local Government and Communities and display posters and fact sheets in prominent areas such as the local library, community centres and animal shelters.
  • Include updates on the Cat Act 2011 in local government community correspondence such as website news items and community newsletters.
  • Communicate internally with staff and councillors to ensure everyone is aware of the Cat Act 2011 and what it means to cat owners.
No
  
Refer to the Department of Local Government and Communities website at www.dlgc.wa.gov.au
Yes
9
Cat Act Information for Local GovernmentsCat Act Information for Local Governments27

​Refer to the Department of Local Government and Communities website at www.dlgc.wa.gov.au

No
  

From 1 November 2013, the full Cat Act 2011 takes effect and will require all cats that have reached six months of age to be:

  • Microchipped
  • Sterilised, and
  • Registered with the local government.
Yes
1
Cat Act Information for Microchip ImplantersCat Act Information for Microchip Implanters28

​From 1 November 2013, the full Cat Act 2011 takes effect and will require all cats that have reached six months of age to be:

  • Microchipped
  • Sterilised, and
  • Registered with the local government.
No
  

Vets, vet nurses or people with the following qualifications from a registered training provider:

  • ACM40412 Certificate IV in Veterinary Nursing;
  • LGAREGS404A Undertake Appointed Animal Control Duties and Responsibilities;
  • LGA40504 Certificate IV in Local Government (Regulatory Services);
  • ACM30210 Certificate III in Animal Technology;
  • ACMSS00001 Microchip Implantation for Dogs and Cats Skill Set;
  • ACM30410 Certificate III in Companion Animal Services;
  • ACM40110 Certificate IV in Animal Control and Regulation;
  • ACM40210 Certificate IV in Captive Animals;
  • ACM40310 Certificate IV in Companion Animal Services.
Yes
2
Cat Act Information for Microchip ImplantersCat Act Information for Microchip Implanters29

​Vets, vet nurses or people with the following qualifications from a registered training provider:

  • ACM40412 Certificate IV in Veterinary Nursing;
  • LGAREGS404A Undertake Appointed Animal Control Duties and Responsibilities;
  • LGA40504 Certificate IV in Local Government (Regulatory Services);
  • ACM30210 Certificate III in Animal Technology;
  • ACMSS00001 Microchip Implantation for Dogs and Cats Skill Set;
  • ACM30410 Certificate III in Companion Animal Services;
  • ACM40110 Certificate IV in Animal Control and Regulation;
  • ACM40210 Certificate IV in Captive Animals;
  • ACM40310 Certificate IV in Companion Animal Services.
No
  

Yes, any microchip implanted must comply with one of the following National Codes:

  • AS 5018 — 2001 Electronic Animal Identification — National coding scheme, as amended from time to time, or
  • AS 5019 — 2001 Electronic Animal Identification — Radiofrequency methods, as amended from time to time.
Yes
3
Cat Act Information for Microchip ImplantersCat Act Information for Microchip Implanters30

​Yes, any microchip implanted must comply with one of the following National Codes:

  • AS 5018 - 2001 Electronic Animal Identification - National coding scheme, as amended from time to time, or
  • AS 5019 - 2001 Electronic Animal Identification - Radiofrequency methods, as amended from time to time.
No
  
a) the microchip barcode information or sticker
b) the microchip number
c) the microchip implanter’s full name
d) if the microchip implanter is a part of a company or organisation, the name of that company or organisation
e) full contact details for the microchip implanter’s company or organisation (if applicable)
f) the date the cat was microchipped
g) the cat owner’s full name, residential address, contact numbers and email address
h) the address at which the cat is normally kept, and
i) the cat’s name, age, breed, colour, gender and sterilisation status of the cat.
Yes
4
Cat Act Information for Microchip ImplantersCat Act Information for Microchip Implanters31

​a) the microchip barcode information or sticker
b) the microchip number
c) the microchip implanter’s full name
d) if the microchip implanter is a part of a company or organisation, the name of that company or organisation
e) full contact details for the microchip implanter’s company or organisation (if applicable)
f) the date the cat was microchipped
g) the cat owner’s full name, residential address, contact numbers and email address
h) the address at which the cat is normally kept, and
i) the cat’s name, age, breed, colour, gender and sterilisation status of the cat.

No
  
  • Central Animal Records (Aust) Pty Ltd
  • HomeSafeID
  • Petsafe
  • Australasian Animal Registry
  • National Pet Register and
  • Global Microchip Registry Pty Ltd (trading as Global Micro Animal Registry).
Yes
5
Cat Act Information for Microchip ImplantersCat Act Information for Microchip Implanters32
  • ​Central Animal Records (Aust) Pty Ltd
  • HomeSafeID
  • Petsafe
  • Australasian Animal Registry
  • National Pet Register and
  • Global Microchip Registry Pty Ltd (trading as Global Micro Animal Registry).
No
  
Within seven days of implanting the microchip.
Yes
6
Cat Act Information for Microchip ImplantersCat Act Information for Microchip Implanters33

​Within seven days of implanting the microchip.

No
  
Yes, a maximum court-imposed fine of $5,000 for failure to advise the microchip database company of the above information within seven days.
Yes
7
Cat Act Information for Microchip ImplantersCat Act Information for Microchip Implanters34

​Yes, a maximum court-imposed fine of $5,000 for failure to advise the microchip database company of the above information within seven days.

No
  

Our new cat laws are about encouraging responsible pet ownership and reducing the number of unwanted cats in the community and the number that are euthanised each year.

The full Cat Act 2011 will take effect from 1 November 2013 and will require all cats that have reached 6 months of age to be:

  • Microchipped
  • Sterilised, and
  • Registered with the relevant local government.
Yes
1
Cat Act Information for Pet ShopsCat Act Information for Pet Shops35

​Our new cat laws are about encouraging responsible pet ownership and reducing the number of unwanted cats in the community and the number that are euthanised each year.

The full Cat Act 2011 will take effect from 1 November 2013 and will require all cats that have reached 6 months of age to be:

  • Microchipped
  • Sterilised, and
  • Registered with the relevant local government.
No
  
When a cat is sold, the Pet Shop must ensure the cat is microchipped and sterilised prior to the transfer. Where a cat cannot be sterilised due to its young age, the Pet Shop must issue a prepaid sterilisation voucher to the new owner to have the cat sterilised at a later date.
Yes
2
Cat Act Information for Pet ShopsCat Act Information for Pet Shops36

​When a cat is sold, the Pet Shop must ensure the cat is microchipped and sterilised prior to the transfer. Where a cat cannot be sterilised due to its young age, the Pet Shop must issue a prepaid sterilisation voucher to the new owner to have the cat sterilised at a later date.

No
  
In circumstances where microchipping a cat will negatively impact its health or welfare, a veterinarian can issue a certificate to exempt the cat from being microchipped. This is the only exception.
Yes
3
Cat Act Information for Pet ShopsCat Act Information for Pet Shops37

​In circumstances where microchipping a cat will negatively impact its health or welfare, a veterinarian can issue a certificate to exempt the cat from being microchipped. This is the only exception.

No
  

No, a cat does not have to be sterilised or accompanied by a prepaid sterilisation voucher where:

  • A veterinarian issues an exemption certificate where sterilisation will negatively impact the cat’s health or welfare; or
  • The purchaser is an approved cat breeder and is purchasing the cat for breeding.
Yes
4
Cat Act Information for Pet ShopsCat Act Information for Pet Shops38

​No, a cat does not have to be sterilised or accompanied by a prepaid sterilisation voucher where:

  • A veterinarian issues an exemption certificate where sterilisation will negatively impact the cat’s health or welfare; or
  • The purchaser is an approved cat breeder and is purchasing the cat for breeding.
No
  
An approved cat breeder will have a certificate issued from their relevant local government. Pet Shops should sight and keep a copy of an approved cat breeder’s certificate prior to the sale of an unsterilised cat.
Yes
5
Cat Act Information for Pet ShopsCat Act Information for Pet Shops39

​An approved cat breeder will have a certificate issued from their relevant local government. Pet Shops should sight and keep a copy of an approved cat breeder’s certificate prior to the sale of an unsterilised cat.

No
  
No, only cats that have reached 6 months of age must be registered with the relevant local government.
Yes
6
Cat Act Information for Pet ShopsCat Act Information for Pet Shops40

​No, only cats that have reached 6 months of age must be registered with the relevant local government.

No
  
Where a microchipped cat is sold, the Pet Shop must notify that cat’s microchip database company of the new owner’s name, address and any relevant details as required, within 7 days of the sale.
Yes
7
Cat Act Information for Pet ShopsCat Act Information for Pet Shops41

​Where a microchipped cat is sold, the Pet Shop must notify that cat’s microchip database company of the new owner’s name, address and any relevant details as required, within 7 days of the sale.

No
  
The above provisions apply to all transfers of cat ownership whether or not money changes hands.
Yes
8
Cat Act Information for Pet ShopsCat Act Information for Pet Shops42

​The above provisions apply to all transfers of cat ownership whether or not money changes hands.

No
  
Yes, a maximum fine of $5000 may be imposed for failure to meet any of the obligations stated above, or you may be issued with a $200 infringement notice.
Yes
9
Cat Act Information for Pet ShopsCat Act Information for Pet Shops43

​Yes, a maximum fine of $5000 may be imposed for failure to meet any of the obligations stated above, or you may be issued with a $200 infringement notice.

No
  

Yes, it is transferable in two circumstances

  • When you retain the cat and move to another local government area; and
  • When you sell or give away your cat

In both circumstances you (and the new owner) must notify the local government of the change, but no additional registration fee is payable until the current registration period ends.

Yes
1
Cat Act Information for the General PublicCat Act Information for the General Public44

Yes, it is transferable in two circumstances

  • When you retain the cat and move to another local government area; and
  • When you sell or give away your cat

In both circumstances you (and the new owner) must notify the local government of the change, but no additional registration fee is payable until the current registration period ends.

No
  

There is a large population of unwanted and feral cats in Western Australia, and figures show that approximately 5,000 cats are euthanised each year.

Before the introduction of the legislation, the approach for the management of cats was for local governments to establish cat control local laws under the Local Government Act 1995. There are two indicators that suggest this regulatory approach is not achieving a desired outcome.

Firstly, there remains a significant number of unwanted cats received by cat and animal welfare organisations which are ultimately euthanised. Secondly, cat control local laws have been enacted by only a small number of local governments in Western Australia. While this could indicate that for many local governments, cats are not an issue for their communities, with only a small proportion of local governments regulating the keeping of cats, the effectiveness of a local government enacting a cat local law will be diminished if neighbouring councils do not have similar cat control requirements.

Yes
2
Cat Act Information for the General PublicCat Act Information for the General Public45

​There is a large population of unwanted and feral cats in Western Australia, and figures show that approximately 5,000 cats are euthanised each year.

Before the introduction of the legislation, the approach for the management of cats was for local governments to establish cat control local laws under the Local Government Act 1995. There are two indicators that suggest this regulatory approach is not achieving a desired outcome.

Firstly, there remains a significant number of unwanted cats received by cat and animal welfare organisations which are ultimately euthanised. Secondly, cat control local laws have been enacted by only a small number of local governments in Western Australia. While this could indicate that for many local governments, cats are not an issue for their communities, with only a small proportion of local governments regulating the keeping of cats, the effectiveness of a local government enacting a cat local law will be diminished if neighbouring councils do not have similar cat control requirements.

No
  
Our new cats laws are not only about encouraging responsible pet ownership they are also aimed at reducing the number of unwanted cats in the community and the number that are euthanised each year. Microchipping and registration will also ensure your cat is returned to you if they become lost.
Yes
3
Cat Act Information for the General PublicCat Act Information for the General Public46

​Our new cats laws are not only about encouraging responsible pet ownership they are also aimed at reducing the number of unwanted cats in the community and the number that are euthanised each year. Microchipping and registration will also ensure your cat is returned to you if they become lost.

No
  

From 1 November 2013, the full Cat Act 2011 takes effect and will require all cats that have reached six months of age to be:

  • Microchipped
  • Sterilised, and
  • Registered with the relevant local government.

Your cat will be required to wear a collar and registration tag to ensure they can be easily identified and returned to you if they become lost.

Yes
4
Cat Act Information for the General PublicCat Act Information for the General Public47

​From 1 November 2013, the full Cat Act 2011 takes effect and will require all cats that have reached six months of age to be:

  • Microchipped
  • Sterilised, and
  • Registered with the relevant local government.

Your cat will be required to wear a collar and registration tag to ensure they can be easily identified and returned to you if they become lost.

No
  

It is expected that by requiring all owned cats to be identified, any unowned cats can be captured and either rehomed or destroyed. In addition, the requirement for all cats to be sterilised will reduce the number of cats born to owned cats. Enforcement by local governments will result in unowned cats being removed from the community once the legislation is implemented.

The success of this legislation will rely on community involvement to bring issues to local government’s attention.

Yes
5
Cat Act Information for the General PublicCat Act Information for the General Public48

It is expected that by requiring all owned cats to be identified, any unowned cats can be captured and either rehomed or destroyed. In addition, the requirement for all cats to be sterilised will reduce the number of cats born to owned cats. Enforcement by local governments will result in unowned cats being removed from the community once the legislation is implemented.

The success of this legislation will rely on community involvement to bring issues to local government’s attention.

No
  

The Cat Act relies on local governments to administer and enforce it. As is the case with other legislation its success depends on the level to which this is done and the support from the community.

The Government has provided funding to local governments to assist with the implementation of the legislation. The revenue received from registration fees will not fully cover the cost of administering and enforcing the legislation, however, it will assist.

Registration fees have been determined in consultation with local governments.

Yes
6
Cat Act Information for the General PublicCat Act Information for the General Public49

​The Cat Act relies on local governments to administer and enforce it. As is the case with other legislation its success depends on the level to which this is done and the support from the community.

The Government has provided funding to local governments to assist with the implementation of the legislation. The revenue received from registration fees will not fully cover the cost of administering and enforcing the legislation, however, it will assist.

Registration fees have been determined in consultation with local governments.

No
  
By identifying cats that are owned through microchipping and registration, local governments are able to deal with the problems caused by unowned, stray and feral cats.
Yes
7
Cat Act Information for the General PublicCat Act Information for the General Public50

​By identifying cats that are owned through microchipping and registration, local governments are able to deal with the problems caused by unowned, stray and feral cats.

No
  
All cats must be sterilised, microchipped and registered by the time they reach 6 months of age. Cats are to be registered with the relevant local government (This is your local council - e.g. the City of Wanneroo or the City of Bunbury)
Yes
8
Cat Act Information for the General PublicCat Act Information for the General Public51

​All cats must be sterilised, microchipped and registered by the time they reach 6 months of age. Cats are to be registered with the relevant local government (This is your local council - e.g. the City of Wanneroo or the City of Bunbury)

No
  

Cat owners are expected to pay the costs associated with sterilisation, microchipping and registration of their cats.

Responsible pet owners have until 1 November 2013 to ready themselves by factoring in the cost of sterilisation and microchipping for existing cats or if considering the purchase of a cat. Research indicates that approximately 90% of cat owners have already sterilised their pets.

The cat registration fees are:

- Annual: $20

- 3 year: $42.50

- Lifetime: $100

Pensioners receive a 50% discount.

 

Yes
9
Cat Act Information for the General PublicCat Act Information for the General Public52

​Cat owners are expected to pay the costs associated with sterilisation, microchipping and registration of their cats.

Responsible pet owners have until 1 November 2013 to ready themselves by factoring in the cost of sterilisation and microchipping for existing cats or if considering the purchase of a cat. Research indicates that approximately 90% of cat owners have already sterilised their pets.

The cat registration fees are:

  • - Annual: $20
  • - 3 year: $42.50
  • - Lifetime: $100

Pensioners receive a 50% discount.

 

No
  

The Government has provided funding to assist in the provision of low cost sterilisation for cats owned by pensioners and people on low income. This will be available at various locations throughout the state. View the 2013/14 sterilisation grant recipients.

Pensioners will also receive a discount on registration fees.

Yes
10
Cat Act Information for the General PublicCat Act Information for the General Public53

The Government has provided funding to assist in the provision of low cost sterilisation for cats owned by pensioners and people on low income. This will be available at various locations throughout the state. View the 2013/14 sterilisation grant recipients.

Pensioners will also receive a discount on registration fees.

No
  
The legislation applies to all cats. However, a veterinarian can issue an exemption certificate if sterilising the cat is likely to adversely affect the health and welfare of the cat. This should be shown to your local government when registering your cat.
Yes
11
Cat Act Information for the General PublicCat Act Information for the General Public54

​The legislation applies to all cats. However, a veterinarian can issue an exemption certificate if sterilising the cat is likely to adversely affect the health and welfare of the cat. This should be shown to your local government when registering your cat.

No
  
Yes, the legislation will require all cats to be microchipped and sterilised unless an exemption is granted for health or breeding reasons. Any cat can escape – this protects your cat.
Yes
12
Cat Act Information for the General PublicCat Act Information for the General Public55

​Yes, the legislation will require all cats to be microchipped and sterilised unless an exemption is granted for health or breeding reasons. Any cat can escape – this protects your cat.

No
  

The legislation includes provisions to allow a person who is not a veterinarian or a veterinarian nurse to implant microchips in cats as long as they have the following from a registered training provider:

  • ACM40412 Certificate IV in Veterinary Nursing;
  • LGAREGS404A Undertake Appointed Animal Control Duties and Responsibilities;
  • LGA40504 Certificate IV in Local Government (Regulatory Services);
  • ACM30210 Certificate III in Animal Technology;
  • ACMSS00001 Microchip Implantation for Dogs and Cats Skill Set;
  • ACM30410 Certificate III in Companion Animal Services;
  • ACM40110 Certificate IV in Animal Control and Regulation;
  • ACM40210 Certificate IV in Captive Animals;
  • ACM40310 Certificate IV in Companion Animal Services.
Yes
13
Cat Act Information for the General PublicCat Act Information for the General Public56

​The legislation includes provisions to allow a person who is not a veterinarian or a veterinarian nurse to implant microchips in cats as long as they have the following from a registered training provider:

  • ACM40412 Certificate IV in Veterinary Nursing;
  • LGAREGS404A Undertake Appointed Animal Control Duties and Responsibilities;
  • LGA40504 Certificate IV in Local Government (Regulatory Services);
  • ACM30210 Certificate III in Animal Technology;
  • ACMSS00001 Microchip Implantation for Dogs and Cats Skill Set;
  • ACM30410 Certificate III in Companion Animal Services;
  • ACM40110 Certificate IV in Animal Control and Regulation;
  • ACM40210 Certificate IV in Captive Animals;
  • ACM40310 Certificate IV in Companion Animal Services.
No
  
Your cat must wear its registration tag whenever it is in a public place. This means it will need a collar. You can purchase a collar that will release if your cat gets it caught on a branch or similar obstacle.
Yes
14
Cat Act Information for the General PublicCat Act Information for the General Public57

​Your cat must wear its registration tag whenever it is in a public place. This means it will need a collar. You can purchase a collar that will release if your cat gets it caught on a branch or similar obstacle.

No
  
It is a defence if you can show that the loss of the collar and registration tag was outside your control. You must show that the cat is registered and that you took reasonable precautions to prevent this happening. A local government is likely to issue a warning in these circumstances.
Yes
15
Cat Act Information for the General PublicCat Act Information for the General Public58

​It is a defence if you can show that the loss of the collar and registration tag was outside your control. You must show that the cat is registered and that you took reasonable precautions to prevent this happening. A local government is likely to issue a warning in these circumstances.

No
  
To be a cat owner you must be over 18 years of age. If the “owner” is a child under 18 years of age then the cat must be registered under that child’s parent or guardian, as they must take legal responsibility.
Yes
16
Cat Act Information for the General PublicCat Act Information for the General Public59

​To be a cat owner you must be over 18 years of age. If the “owner” is a child under 18 years of age then the cat must be registered under that child’s parent or guardian, as they must take legal responsibility.

No
  
Registration fees are transferable from one local government to the next.
Yes
17
Cat Act Information for the General PublicCat Act Information for the General Public60

​Registration fees are transferable from one local government to the next.

No
  

All cats must now be sterilised and microchipped. This should be done by the seller. If your new cat is considered by the vet to be too small to be sterilised, the seller must provide you with a sterilisation voucher.

By the time your cat is six months old, you need to provide evidence of microchipping and sterilisation to your local government to get it registered. Your local government will then issue you a registration tag which you must make sure your cat wears whenever it is in a public place.

You also need to check that the microchip details have been updated with the relevant microchip company, and registering local government if the cat was previously registered to another owner.

Yes
18
Cat Act Information for the General PublicCat Act Information for the General Public61

​All cats must now be sterilised and microchipped. This should be done by the seller. If your new cat is considered by the vet to be too small to be sterilised, the seller must provide you with a sterilisation voucher.

By the time your cat is six months old, you need to provide evidence of microchipping and sterilisation to your local government to get it registered. Your local government will then issue you a registration tag which you must make sure your cat wears whenever it is in a public place.

You also need to check that the microchip details have been updated with the relevant microchip company, and registering local government if the cat was previously registered to another owner.

No
  
If you sell or give your cat away, it is your responsibility to ensure the cat is microchipped and sterilised prior to sale or being given away. You also need to notify, in writing, both the local government being where the cat is registered, and the microchip database company of the new owner’s details.
Yes
19
Cat Act Information for the General PublicCat Act Information for the General Public62

​If you sell or give your cat away, it is your responsibility to ensure the cat is microchipped and sterilised prior to sale or being given away. You also need to notify, in writing, both the local government being where the cat is registered, and the microchip database company of the new owner’s details.

No
  
Cats which you bring into WA may not already be microchipped and sterilised. You will need to ensure that by the time the cat is 6 months old you have it sterilised, microchipped and registered.
Yes
20
Cat Act Information for the General PublicCat Act Information for the General Public63

​Cats which you bring into WA may not already be microchipped and sterilised. You will need to ensure that by the time the cat is 6 months old you have it sterilised, microchipped and registered.

No
  

When a cat is microchipped, its details are placed onto one of a number of databases. You will have received the microchip number and details of the company where they microchip details are stored, at the time the cat was microchipped.

If you have the number, but are not sure what company has the details, you can use Pet Address to search a number of animal microchip databases. Pet Address will then direct you to the database for further information.

If you do not have your pet’s microchip number, you have the following options:

  • contact the vet who implanted the microchip to see if they recorded the number;
  • contact your local veterinarian to see if they can scan your cat for the microchip (costs may apply). You may get this done during your pet’s annual health check-up; or
  • contact another facility, such as Cat Haven or your local government, that may have a microchip reader to see if they can scan your cat (costs may apply).
Yes
21
Cat Act Information for the General PublicCat Act Information for the General Public64

​When a cat is microchipped, its details are placed onto one of a number of databases. You will have received the microchip number and details of the company where they microchip details are stored, at the time the cat was microchipped.

If you have the number, but are not sure what company has the details, you can use Pet Address to search a number of animal microchip databases. Pet Address will then direct you to the database for further information.

If you do not have your pet’s microchip number, you have the following options:

  • contact the vet who implanted the microchip to see if they recorded the number;
  • contact your local veterinarian to see if they can scan your cat for the microchip (costs may apply). You may get this done during your pet’s annual health check-up; or
  • contact another facility, such as Cat Haven or your local government, that may have a microchip reader to see if they can scan your cat (costs may apply).
No
  
Microchips are designed to last the life of the cat and will not need replacing.
Yes
22
Cat Act Information for the General PublicCat Act Information for the General Public65

​Microchips are designed to last the life of the cat and will not need replacing.

No
  
Failure of microchips is extremely rare. Generally, the issue is the operator of the scanner being inadequately trained in the correct technique, or that the reader is not a true multi-reader capable of reading all chips. If a person is confident the cat is microchipped, but the device has failed, the cat can be x-rayed to determine if one is present.
Yes
23
Cat Act Information for the General PublicCat Act Information for the General Public66

​Failure of microchips is extremely rare. Generally, the issue is the operator of the scanner being inadequately trained in the correct technique, or that the reader is not a true multi-reader capable of reading all chips. If a person is confident the cat is microchipped, but the device has failed, the cat can be x-rayed to determine if one is present.

No
  

You are encouraged to sterilise your cat as soon as possible to avoid unwanted pregnancies. However, if your cat is pregnant and cannot be sterilised prior to registration, you must still register your cat.

In these circumstances, your local government may issue you with a Cat Control Notice specifying that the cat needs to sterilised by a certain date after the kittens are born. If you do not comply with this notice you may be issued a fine or prosecuted.

Yes
24
Cat Act Information for the General PublicCat Act Information for the General Public67

​You are encouraged to sterilise your cat as soon as possible to avoid unwanted pregnancies. However, if your cat is pregnant and cannot be sterilised prior to registration, you must still register your cat.

In these circumstances, your local government may issue you with a Cat Control Notice specifying that the cat needs to sterilised by a certain date after the kittens are born. If you do not comply with this notice you may be issued a fine or prosecuted.

No
  

There will be no restriction on cat numbers unless the local government has a local law restricting numbers. If you are concerned with the welfare of the cats you can contact the Royal Society for the Prevention of Cruelty to Animals (RSPCA).

From 1 November 2013, all cats need to be registered with their local government. After this date, if you reasonably believe the cats are not registered, you can notify your local government. The owner is likely to be cautioned in the first instance and instructed to comply with the legislation and if they do not take appropriate action they may receive an infringement notice.

Yes
25
Cat Act Information for the General PublicCat Act Information for the General Public68

​There will be no restriction on cat numbers unless the local government has a local law restricting numbers. If you are concerned with the welfare of the cats you can contact the Royal Society for the Prevention of Cruelty to Animals (RSPCA).

From 1 November 2013, all cats need to be registered with their local government. After this date, if you reasonably believe the cats are not registered, you can notify your local government. The owner is likely to be cautioned in the first instance and instructed to comply with the legislation and if they do not take appropriate action they may receive an infringement notice.

No
  

If you believe that you have unowned cats in your area, you can report them to your local government.

Once the legislation commences it will become easier to identify unowned cats, as all owned cat should have a collar and registration tag.

Yes
26
Cat Act Information for the General PublicCat Act Information for the General Public69

​If you believe that you have unowned cats in your area, you can report them to your local government.

Once the legislation commences it will become easier to identify unowned cats, as all owned cat should have a collar and registration tag.

No
  
Due to animal welfare issues, you are advised not to trap cats on your property. If you have concerns with cats on private property you should contact your local government to discuss.
Yes
27
Cat Act Information for the General PublicCat Act Information for the General Public70

​Due to animal welfare issues, you are advised not to trap cats on your property. If you have concerns with cats on private property you should contact your local government to discuss.

No
  

The legislation does not restrict the number of cats per household, however, local governments will be able to introduce local laws for this (or may have one in place).

In the event a local government does introduce, or already has a limit on cat numbers, it will not apply to cats currently owned, i.e. a cat owner will not have to reduce the cats they currently have, although they will not be able to replace a cat if it dies or is transferred, until they are down to the number allowed.

Yes
28
Cat Act Information for the General PublicCat Act Information for the General Public71

​The legislation does not restrict the number of cats per household, however, local governments will be able to introduce local laws for this (or may have one in place).

In the event a local government does introduce, or already has a limit on cat numbers, it will not apply to cats currently owned, i.e. a cat owner will not have to reduce the cats they currently have, although they will not be able to replace a cat if it dies or is transferred, until they are down to the number allowed.

No
  

The legislation does not require cats to be confined to a property, but local governments will be able to introduce local laws within their boundary for this purpose.

Local laws can also be introduced to prescribe cat free zones and to deal with nuisance behaviour by cats.

Yes
29
Cat Act Information for the General PublicCat Act Information for the General Public72

The legislation does not require cats to be confined to a property, but local governments will be able to introduce local laws within their boundary for this purpose.

Local laws can also be introduced to prescribe cat free zones and to deal with nuisance behaviour by cats.

No
  

Local governments have a number of options to respond to non-compliance and may take the following steps:

  1. Verbally request you comply
  2. Issue a written request in the form of a Cat Control Notice
  3. Issue an infringement notice
  4. Commence proceedings for a prosecution.

If a person is convicted of two or more offences under this Act in 12 months, a local government can cancel a cat’s registration, in which case it could be seized for non-compliance.

If a cat is seized and it cannot be identified as it is not wearing a registration tag and is not microchipped, the local governments may consider it unowned. After 3 days it can be destroyed or rehomed.

Yes
30
Cat Act Information for the General PublicCat Act Information for the General Public73

Local governments have a number of options to respond to non-compliance and may take the following steps:

  1. Verbally request you comply
  2. Issue a written request in the form of a Cat Control Notice
  3. Issue an infringement notice
  4. Commence proceedings for a prosecution.

If a person is convicted of two or more offences under this Act in 12 months, a local government can cancel a cat’s registration, in which case it could be seized for non-compliance.

If a cat is seized and it cannot be identified as it is not wearing a registration tag and is not microchipped, the local governments may consider it unowned. After 3 days it can be destroyed or rehomed.

No
  

Our new cat laws are about encouraging responsible pet ownership and reducing the number of unwanted cats in the community and the number that are euthanised each year. The full Cat Act 2011 will take effect from 1 November 2013 and will require all cats that have reached 6 months of age to be:

  • Microchipped
  • Sterilised, and
  • Registered with the relevant local government.
Yes
1
Cat Act Information VeterinariansCat Act Information Veterinarians74

Our new cat laws are about encouraging responsible pet ownership and reducing the number of unwanted cats in the community and the number that are euthanised each year. The full Cat Act 2011 will take effect from 1 November 2013 and will require all cats that have reached 6 months of age to be:

  • Microchipped
  • Sterilised, and
  • Registered with the relevant local government.
No
  
Veterinarians have a key role in the microchip implanting and sterilisation procedures. Provisions under the new cat laws are already in effect to allow veterinarians and authorised microchip implanters who have undertaken the necessary required training to microchip cats. However, only veterinarians are authorised to sterilise cats.
Yes
2
Cat Act Information VeterinariansCat Act Information Veterinarians75

​Veterinarians have a key role in the microchip implanting and sterilisation procedures. Provisions under the new cat laws are already in effect to allow veterinarians and authorised microchip implanters who have undertaken the necessary required training to microchip cats. However, only veterinarians are authorised to sterilise cats.

No
  

A veterinarian can issue an exemption certificate if microchipping or sterilising a cat will have a negative impact on the cat’s health or welfare. A certificate cannot be issued for cats that are under 6 months of age. Owners should be advised to return once the cat reaches the minimum age.

The exemption certificate should state that microchipping and/or sterilisation will adversely affect the health and welfare of the cat and the date that this should be reviewed.

Yes
3
Cat Act Information VeterinariansCat Act Information Veterinarians76

​A veterinarian can issue an exemption certificate if microchipping or sterilising a cat will have a negative impact on the cat’s health or welfare. A certificate cannot be issued for cats that are under 6 months of age. Owners should be advised to return once the cat reaches the minimum age.

The exemption certificate should state that microchipping and/or sterilisation will adversely affect the health and welfare of the cat and the date that this should be reviewed.

No
  

A veterinarian who sterilises a cat must:

  • Provide the cat’s owner with a certificate of sterilisation; and
  • Where the cat is also microchipped, notify the microchip database company of the sterilisation within 7 days. To locate the cats microchip database company contact www.petaddress.com.au.
Yes
4
Cat Act Information VeterinariansCat Act Information Veterinarians77

​A veterinarian who sterilises a cat must:

  • Provide the cat’s owner with a certificate of sterilisation; and
  • Where the cat is also microchipped, notify the microchip database company of the sterilisation within 7 days. To locate the cats microchip database company contact www.petaddress.com.au.
No
  

A veterinarian who implants a microchip into a cat must notify and record the following information with a registered microchip database company within 7 days:

  • The implanter’s full name
  • The microchip barcode information or sticker
  • The microchip number
  • If the veterinarian is part of a company or organisation, the name and full contact details of that company or organisation
  • The date the cat was microchipped
  • The cat owner’s full name, residential address, contact numbers and email address • The address at which the cat is normally kept, and
  • The cat’s name, age, breed, colour, gender and sterilisation status of the cat.
Yes
5
Cat Act Information VeterinariansCat Act Information Veterinarians78

A veterinarian who implants a microchip into a cat must notify and record the following information with a registered microchip database company within 7 days:

  • The implanter’s full name
  • The microchip barcode information or sticker
  • The microchip number
  • If the veterinarian is part of a company or organisation, the name and full contact details of that company or organisation
  • The date the cat was microchipped
  • The cat owner’s full name, residential address, contact numbers and email address • The address at which the cat is normally kept, and
  • The cat’s name, age, breed, colour, gender and sterilisation status of the cat.
No
  
Yes, a maximum fine of $5000 may be imposed for failure to meet the obligations stated above.
Yes
6
Cat Act Information VeterinariansCat Act Information Veterinarians79

​Yes, a maximum fine of $5000 may be imposed for failure to meet the obligations stated above.

No
  
  • Central Animal Records (Aust) Pty Ltd
  • HomesafeID
  • Petsafe
  • Australasian Animal Registry
  • National Pet Register, and
  • Global Microchip Registry Pty Ltd (trading as Global Micro Animal Registry).
Yes
7
Cat Act Information VeterinariansCat Act Information Veterinarians80
  • ​Central Animal Records (Aust) Pty Ltd
  • HomesafeID
  • Petsafe
  • Australasian Animal Registry
  • National Pet Register, and
  • Global Microchip Registry Pty Ltd (trading as Global Micro Animal Registry).
No
  
If a cat is transferred to a new owner before reaching the minimum 6 month age for sterilisation then the previous owner must provide the new owner with a prepaid voucher from a veterinarian to have the cat sterilised at a later date.
Yes
8
Cat Act Information VeterinariansCat Act Information Veterinarians81

​If a cat is transferred to a new owner before reaching the minimum 6 month age for sterilisation then the previous owner must provide the new owner with a prepaid voucher from a veterinarian to have the cat sterilised at a later date.

No
  
The Australian Veterinary Association Ltd WA Division has been approved for government funding. This funding will be provided to support the ‘Desex in the West’ program to offer low cost sterilisation to cats owned by low income earners and pensioners.
Yes
9
Cat Act Information VeterinariansCat Act Information Veterinarians82

​The Australian Veterinary Association Ltd WA Division has been approved for government funding. This funding will be provided to support the ‘Desex in the West’ program to offer low cost sterilisation to cats owned by low income earners and pensioners.

No
  

The consultation paper is an invitation for public comment on proposed changes to caravan parks and camping grounds legislation, which includes replacing the current Caravan Parks and Camping Grounds Act 1995.

It contains detailed information on the proposed changes and guidance questions to assist people wishing to submit comments on all or part of the paper.

The consultation paper and feedback form can be found here: www.dlgc.wa.gov.au/CPCG-Consultation-Paper

Yes
1
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation83

​The consultation paper is an invitation for public comment on proposed changes to caravan parks and camping grounds legislation, which includes replacing the current Caravan Parks and Camping Grounds Act 1995.

It contains detailed information on the proposed changes and guidance questions to assist people wishing to submit comments on all or part of the paper.

The consultation paper and feedback form can be found here: www.dlgc.wa.gov.au/CPCG-Consultation-Paper

No
  

You have an opportunity to influence the future of caravanning and camping.  It is important that comments from all different perspectives are considered. Comments can be made on all or part of the consultation paper.

Yes
2
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation84

​You have an opportunity to influence the future of caravanning and camping.  It is important that comments from all different perspectives are considered. Comments can be made on all or part of the consultation paper.

No
  

The Consultation Paper Feedback Form has been developed to assist you in preparing your submission. It has four sections: About You, Your Caravan and Camping Experiences, General Comments and Guidance Questions. The latter contains all the proposals and guidance questions from the consultation paper.

It is recommended that the form is used with the consultation paper. Please note: it is not necessary to answer all sections or all guidance questions for your submission. 

To assist the Department of Local Government and Communities in processing the submissions, please use the feedback form.

Yes
3
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation85

​The Consultation Paper Feedback Form has been developed to assist you in preparing your submission. It has four sections: About You, Your Caravan and Camping Experiences, General Comments and Guidance Questions. The latter contains all the proposals and guidance questions from the consultation paper.

It is recommended that the form is used with the consultation paper. Please note: it is not necessary to answer all sections or all guidance questions for your submission. 

To assist the Department of Local Government and Communities in processing the submissions, please use the feedback form.

No
  

You can provide your comments through the feedback form without referring to the consultation paper. However, it is encouraged that you read the consultation paper to get a better understanding of the scope of the legislation. The consultation paper and feedback form can be accessed online at: www.dlgc.wa.gov.au/CPCG-Consultation-Paper

Yes
4
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation86

​You can provide your comments through the feedback form without referring to the consultation paper. However, it is encouraged that you read the consultation paper to get a better understanding of the scope of the legislation. The consultation paper and feedback form can be accessed online at: www.dlgc.wa.gov.au/CPCG-Consultation-Paper

No
  

Yes, you can comment on all or part of the consultation paper. It is fine to only fill in the parts of the feedback form that matter to you.

Yes
5
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation87

​Yes, you can comment on all or part of the consultation paper. It is fine to only fill in the parts of the feedback form that matter to you.

No
  

The Caravan Parks and Camping Grounds legislation is to:

  • provide for the management of health and safety risks in relation to caravanning and camping;
  • control and licence caravan and camping grounds; and
  • provide standards in respect of caravans.

The legislation cannot address broader issues in relation to caravan and camping, such as:

  • Land use and zoning issues
  • Land availability
  • Building standards and building approval
  • Security of tenure
  • Park closures and relocation of tenants
  • Competition issues in relation to development of holiday parks.
Yes
6
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation88

​The Caravan Parks and Camping Grounds legislation is to:

  • provide for the management of health and safety risks in relation to caravanning and camping;
  • control and licence caravan and camping grounds; and
  • provide standards in respect of caravans.

The legislation cannot address broader issues in relation to caravan and camping, such as:

  • Land use and zoning issues
  • Land availability
  • Building standards and building approval
  • Security of tenure
  • Park closures and relocation of tenants
  • Competition issues in relation to development of holiday parks.
No
  

Extensive consultation will be undertaken, including the release of a second consultation paper which will summarise responses to this paper and propose final solutions for comment.

The new legislation will then need to be drafted and will pass through the Western Australian Parliament before it becomes law. Therefore it is difficult to predict when the new legislation will be in place. 

Yes
7
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation89

​Extensive consultation will be undertaken, including the release of a second consultation paper which will summarise responses to this paper and propose final solutions for comment.

The new legislation will then need to be drafted and will pass through the Western Australian Parliament before it becomes law. Therefore it is difficult to predict when the new legislation will be in place. 

No
  

Caravan users, campers, long-stay tenants and any other person who stays in caravan parks, caravan park operators, state government departments and local governments.

Yes
8
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation90
No
  

The current legislation and associated regulations are outdated and do not have the flexibility to cope with changes to the market and consumer expectations. This has stifled the ability of operators to respond to different market segments and consumer needs.

Yes
9
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation91

​The current legislation and associated regulations are outdated and do not have the flexibility to cope with changes to the market and consumer expectations. This has stifled the ability of operators to respond to different market segments and consumer needs.

No
  

The WA Caravan and Camping Action Plan makes 11 recommendations to improve the supply, delivery and promotion of the caravan and camping sector. One of these is to review and update the legislation. The Action Plan is funded by the State Government’s Royalties for Regions program.

More information can be found on the Tourism WA website.

Yes
10
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation92

​The WA Caravan and Camping Action Plan makes 11 recommendations to improve the supply, delivery and promotion of the caravan and camping sector. One of these is to review and update the legislation. The Action Plan is funded by the State Government’s Royalties for Regions program. 

More information can be found on the Tourism WA website.

No
  

The Department of Local Government and Communities is overseeing the consultation process.  It is assisted by an Interagency Advisory Group consisting of seven State Government Departments and the WA Local Government Association.

Yes
11
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation93

​The Department of Local Government and Communities is overseeing the consultation process.  It is assisted by an Interagency Advisory Group consisting of seven State Government Departments and the WA Local Government Association.

No
  

All responses to the consultation paper may be made publicly available on the Department of Local Government and Communities’ website. If you prefer your name to remain confidential, please indicate this in your submission. If you would like to ensure your submission remains confidential, please mark it ‘Private and Confidential’.

Yes
12
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation94

​All responses to the consultation paper may be made publicly available on the Department of Local Government and Communities’ website. If you prefer your name to remain confidential, please indicate this in your submission. If you would like to ensure your submission remains confidential, please mark it ‘Private and Confidential’.

No
  

Yes, submissions can be made individually and/or on behalf of an organisation. You will need to make two submissions, one as an individual and one on behalf of your organisation.

Yes
13
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation95

​Yes, submissions can be made individually and/or on behalf of an organisation. You will need to make two submissions, one as an individual and one on behalf of your organisation.

No
  

No. The review is intended to increase choices for consumers and also increase flexibility for operators to cater to consumer needs. This should result in a wider range of holiday options.

Yes
14
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation96

​No. The review is intended to increase choices for consumers and also increase flexibility for operators to cater to consumer needs. This should result in a wider range of holiday options.

No
  

If you have any queries in relation to the consultation paper, please contact:

Principal Policy Officer – Caravans and Camping Review
Email: caravan@dlgc.wa.gov.au             
Telephone: (08) 6551 8700
Freecall (country only): 1800 620 511          
Fax: (08) 6552 1555

Yes
15
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation97

If you have any queries in relation to the consultation paper, please contact:

Principal Policy Officer – Caravans and Camping Review
Email: caravan@dlgc.wa.gov.au             
Telephone: (08) 6551 8700
Freecall (country only): 1800 620 511          
Fax: (08) 6552 1555

No
  

The paper contains proposals to extend the licence period for caravan parks and tie the frequency of inspections to the level of compliance with the legislation. These proposals should reduce the costs for private operators.

The review is intended to provide a more flexible operating environment which will allow operators to readily respond to different market segments. There will be no significant burden on existing compliant facilities through the introduction of the new legislation.

Yes
16
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation98

​The paper contains proposals to extend the licence period for caravan parks and tie the frequency of inspections to the level of compliance with the legislation. These proposals should reduce the costs for private operators.

The review is intended to provide a more flexible operating environment which will allow operators to readily respond to different market segments. There will be no significant burden on existing compliant facilities through the introduction of the new legislation.

No
  

The caravan parks and camping grounds legislation focuses on the management of health and safety risks in relation to caravan and camping facilities. There will be no significant burden on existing compliant facilities through the introduction of the new legislation.  It is not expected that there will be an increase in charges for tenants.

Yes
17
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation99

​The caravan parks and camping grounds legislation focuses on the management of health and safety risks in relation to caravan and camping facilities. There will be no significant burden on existing compliant facilities through the introduction of the new legislation.  It is not expected that there will be an increase in charges for tenants.

No
  

This is outside the scope of the Caravan Parks and Camping Grounds legislation. Security of tenure is governed by the Residential Parks (Long-Stay Tenants) Act 2006.

Yes
18
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation100

​This is outside the scope of the Caravan Parks and Camping Grounds legislation. Security of tenure is governed by the Residential Parks (Long-Stay Tenants) Act 2006.

No
  

People will still be allowed to stop at roadside rest areas to combat fatigue, this includes up to 24 hours at ‘24 hour roadside rest areas’. Main Roads WA is the state government agency that manages these areas.

Yes
19
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation101

​People will still be allowed to stop at roadside rest areas to combat fatigue, this includes up to 24 hours at ‘24 hour roadside rest areas’. Main Roads WA is the state government agency that manages these areas.

No
  

This is outside the scope of the legislation. 

The WA Caravan and Camping Action Plan initiatives include the upgrading and development of new and  existing ‘24 hour roadside rest areas’ in high priority areas and the installation of black waste dump points in strategic locations around the State. These initiatives are under the management of Main Roads WA and are funded by the State Government’s Royalties for Regions program.

Yes
20
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation102

​This is outside the scope of the legislation. 

The WA Caravan and Camping Action Plan initiatives include the upgrading and development of new and  existing ‘24 hour roadside rest areas’ in high priority areas and the installation of black waste dump points in strategic locations around the State. These initiatives are under the management of Main Roads WA and are funded by the State Government’s Royalties for Regions program.

No
  

Park homes will continue to comply with the same building standards under the Building Code of Australia. The review is not increasing the level of building standards for park homes. The legislation is only proposing that the certification process of park homes be transferred to the Building Act 2011. Park homes will be treated as buildings, not vehicles under the proposed changes. Your comments are sought on this  in the consultation paper.

Yes
21
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation103

​Park homes will continue to comply with the same building standards under the Building Code of Australia. The review is not increasing the level of building standards for park homes. The legislation is only proposing that the certification process of park homes be transferred to the Building Act 2011. Park homes will be treated as buildings, not vehicles under the proposed changes. Your comments are sought on this  in the consultation paper.

No
  

A caravan or campervan has to be able to be moved under the current caravan parks and camping grounds legislation. Interference with a caravan so as to render it unable to be moved under its own power or by being towed attracts a penalty of $2000.

An unlicensed caravan or campervan is inconsistent with the intention of the mobility requirements of the legislation as it cannot go on the road without the licence. It is important for the safety of occupants that caravans and campervans can be readily relocated in an emergency as they do not provide the same level of protection as buildings.

Yes
22
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation104

A caravan or campervan has to be able to be moved under the current caravan parks and camping grounds legislation. Interference with a caravan so as to render it unable to be moved under its own power or by being towed attracts a penalty of $2000.

An unlicensed caravan or campervan is inconsistent with the intention of the mobility requirements of the legislation as it cannot go on the road without the licence. It is important for the safety of occupants that caravans and campervans can be readily relocated in an emergency as they do not provide the same level of protection as buildings.

No
  

Changes to the legislation could offer operators greater flexibility to cater to consumer expectations through the use of a proposed management plan model, which allows the design of your park to suit your targeted market segment.

Other benefits for operators could include:

  • An extension of licence periods.
  • Less frequent inspections as a reward for meeting the approved management plan requirements.
  • A decrease in administrative tasks.
Yes
23
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation105

​Changes to the legislation could offer operators greater flexibility to cater to consumer expectations through the use of a proposed management plan model, which allows the design of your park to suit your targeted market segment.

Other benefits for operators could include:

  • An extension of licence periods.
  • Less frequent inspections as a reward for meeting the approved management plan requirements.
  • A decrease in administrative tasks.
No
  

Increased choices at holiday parks, as operators have more flexibility to cater to your needs. This should result in more affordable and a wider range of options for holidays.

Yes
24
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation106

​Increased choices at holiday parks, as operators have more flexibility to cater to your needs. This should result in more affordable and a wider range of options for holidays.

No
  

The proposed changes are intended to increase flexibility in the legislation for operators to cater to the needs of consumers. This should result in an increase in holiday choices and more affordable options for holidays, and encourage the development of facilities that can cater to RV owners.

Yes
25
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation107

​The proposed changes are intended to increase flexibility in the legislation for operators to cater to the needs of consumers. This should result in an increase in holiday choices and more affordable options for holidays, and encourage the development of facilities that can cater to RV owners.

No
  

Caravan parks have evolved to offer different types of accommodation products including cabins, chalets, caravans, park homes and tents. The terms ‘caravan parks’ and ‘camping grounds’ are no longer an accurate description of current facilities which offer a wider variety of holiday accommodation types.

The term ‘holiday park’ will provide flexibility in the legislation to allow the market to drive the supply of accommodation types.

Yes
26
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation108

​Caravan parks have evolved to offer different types of accommodation products including cabins, chalets, caravans, park homes and tents. The terms ‘caravan parks’ and ‘camping grounds’ are no longer an accurate description of current facilities which offer a wider variety of holiday accommodation types.

The term ‘holiday park’ will provide flexibility in the legislation to allow the market to drive the supply of accommodation types.

No
  
There will be no changes to the regulation of ‘free’ or ‘bush’ camping in the proposed new legislation.
Yes
27
Consultation Paper - Proposal for Caravan Parks and Camping Grounds LegislationConsultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation109

​There will be no changes to the regulation of ‘free’ or ‘bush’ camping in the proposed new legislation.

No
  

The State Government has recently passed which amends the Dog Act 1976 to:

  • Improve community safety, through increased controls over dangerous dogs and higher penalties to encourage more responsible dog ownership
  • Enable nuisance behaviour, including barking, to be more effectively dealt with
  • Recognise assistance dogs as an extension of the guide dog provisions
  • Require mandatory microchipping, lifetime dog registrations and impounding provisions.

These changes became law on 1 November 2013.

Yes
1
Dog Amendment Bill 2013Dog Amendment Bill 2013110

​The State Government has recently passed which amends the Dog Act 1976 to:

  • Improve community safety, through increased controls over dangerous dogs and higher penalties to encourage more responsible dog ownership
  • Enable nuisance behaviour, including barking, to be more effectively dealt with
  • Recognise assistance dogs as an extension of the guide dog provisions
  • Require mandatory microchipping, lifetime dog registrations and impounding provisions.

These changes became law on 1 November 2013.

No
  

Dangerous dogs can be of any breed; however, some breeds are more prone to attacking than others.  This Act now recognises three categories of dangerous dogs:

  • those that are of a breed specifically bred for its aggression, known as restricted breeds;
  • those individual dogs that have shown themselves to be aggressive and are consequently declared to be a dangerous dog; and
  • commercial security dogs that  are trained to demonstrate aggressive behaviour when actively working.
Yes
2
Dog Amendment Bill 2013Dog Amendment Bill 2013111

Dangerous dogs can be of any breed; however, some breeds are more prone to attacking than others.  This Act now recognises three categories of dangerous dogs:

  • those that are of a breed specifically bred for its aggression, known as restricted breeds;
  • those individual dogs that have shown themselves to be aggressive and are consequently declared to be a dangerous dog; and
  • commercial security dogs that  are trained to demonstrate aggressive behaviour when actively working.
No
  

They must:

  • Keep dogs muzzled and leashed when in public and in the control of a person over 18 who is capable of controlling the dog.
  • Ensure the dog wears a prescribed collar which identifies it as a dangerous dog.
  • Put up warning signs on each entrance to the property.
  • Keep the dog in a child proof enclosure from which it cannot escape and from which it cannot be released without the authorisation of the person responsible for the dog .

These provisions are designed to increase the safety of the community and to ensure that the owners take increased responsibility for dogs that are known to be potentially dangerous.

Yes
3
Dog Amendment Bill 2013Dog Amendment Bill 2013112

They must:

  • Keep dogs muzzled and leashed when in public and in the control of a person over 18 who is capable of controlling the dog.
  • Ensure the dog wears a prescribed collar which identifies it as a dangerous dog.
  • Put up warning signs on each entrance to the property.
  • Keep the dog in a child proof enclosure from which it cannot escape and from which it cannot be released without the authorisation of the person responsible for the dog .

These provisions are designed to increase the safety of the community and to ensure that the owners take increased responsibility for dogs that are known to be potentially dangerous.

No
  

Yes, the following breeds have been declared a restricted breed in Western Australia:

  • dogo Argentino
  • fila Brasileiro
  • Japanese tosa
  • American pit bull terrier
  • pit bull terrier
  • perro de presa Canario or presa Canario

This bill bans the sale, purchase, transfer, breeding and advertising of dangerous dogs.  These dogs must be sterilised and microchipped within 30 days of this legislation taking effect; that is, from 30 November 2013.

There is no intention to require the destruction of restricted breed dogs that are not registered, as is the case in Victoria.  The emphasis in the Western Australian legislation is on responsible dog ownership.

Yes
4
Dog Amendment Bill 2013Dog Amendment Bill 2013113

Yes, the following breeds have been declared a restricted breed in Western Australia:

  • dogo Argentino
  • fila Brasileiro
  • Japanese tosa
  • American pit bull terrier
  • pit bull terrier
  • perro de presa Canario or presa Canario

This bill bans the sale, purchase, transfer, breeding and advertising of dangerous dogs.  These dogs must be sterilised and microchipped within 30 days of this legislation taking effect; that is, from 30 November 2013.

There is no intention to require the destruction of restricted breed dogs that are not registered, as is the case in Victoria.  The emphasis in the Western Australian legislation is on responsible dog ownership.

No
  

Yes. The Bill increases penalties for all offences and specifically targets dangerous dogs irrespective of their breed.  This Bill provides minimum penalties and introduces a new criminal offence for when a dangerous dog kills a person or puts a person’s life in danger, with up to 10 years’ jail.


Yes
5
Dog Amendment Bill 2013Dog Amendment Bill 2013114

​ Yes. The Bill increases penalties for all offences and specifically targets dangerous dogs irrespective of their breed.  This Bill provides minimum penalties and introduces a new criminal offence for when a dangerous dog kills a person or puts a person’s life in danger, with up to 10 years’ jail.

No
  

Yes. New provisions allow courts to impose a requirement for dog owners and their dogs to attend and complete a dog training course in place of, or in addition to, a penalty.  This applies to any offence under the Act.


Yes
6
Dog Amendment Bill 2013Dog Amendment Bill 2013115

​Yes. New provisions allow courts to impose a requirement for dog owners and their dogs to attend and complete a dog training course in place of, or in addition to, a penalty.  This applies to any offence under the Act.

No
  

Yes. Amendments improve the ability for councils to take action when someone is affected by barking and other nuisance behaviour.  These include:

  • A stronger definition of what constitutes nuisance barking.
  • Only one complaint with supporting evidence will be needed. The ranger is able to satisfy him or herself that a nuisance is being caused in a number of ways.
  • The ranger then issues an Abatement Order which gives the owner an opportunity to remedy the nuisance.
  • Abatement Orders will remain in force for up to six months; currently it is 14 days.
  • An offence occurs if there is a breach of the Abatement Order.
  • The person who commits the offence is the person with control of the dog.
  • Nuisance now covers public places adjoining the premises.

The Department of Local Government and Communities will develop a Best Practice Guideline which will set out a suggested process for complaint investigation, the use of bark count collars, and the number of barks that could constitute a nuisance.  When this Guideline has been tested and is generally accepted within the community and by local government, it will be incorporated in regulations.

View more information on nuisance barking.

Yes
7
Dog Amendment Bill 2013Dog Amendment Bill 2013116

​Yes. Amendments improve the ability for councils to take action when someone is affected by barking and other nuisance behaviour.  These include:

  • A stronger definition of what constitutes nuisance barking.
  • Only one complaint with supporting evidence will be needed. The ranger is able to satisfy him or herself that a nuisance is being caused in a number of ways.
  • The ranger then issues an Abatement Order which gives the owner an opportunity to remedy the nuisance.
  • Abatement Orders will remain in force for up to six months; currently it is 14 days.
  • An offence occurs if there is a breach of the Abatement Order.
  • The person who commits the offence is the person with control of the dog.
  • Nuisance now covers public places adjoining the premises.

The Department of Local Government and Communities will develop a Best Practice Guideline which will set out a suggested process for complaint investigation, the use of bark count collars, and the number of barks that could constitute a nuisance.  When this Guideline has been tested and is generally accepted within the community and by local government, it will be incorporated in regulations.

View more information on nuisance barking.

No
  

The special provisions for Guide dogs have been expanded to recognise and accommodate the various types of appropriately trained assistance dogs now commonly used by people with a disability. 

View more information on assistance dogs.

Yes
8
Dog Amendment Bill 2013Dog Amendment Bill 2013117

​The special provisions for Guide dogs have been expanded to recognise and accommodate the various types of appropriately trained assistance dogs now commonly used by people with a disability. 

View more information on assistance dogs.

No
  

New provisions enable retired racing greyhounds to safely return to the community as household pets without being required to wear a muzzle if they have successfully completed an approved training program.  This will make greyhounds more desirable as adopted pets and consequently reduce the number of greyhounds that are needlessly euthanized.


Yes
9
Dog Amendment Bill 2013Dog Amendment Bill 2013118

​ New provisions enable retired racing greyhounds to safely return to the community as household pets without being required to wear a muzzle if they have successfully completed an approved training program.  This will make greyhounds more desirable as adopted pets and consequently reduce the number of greyhounds that are needlessly euthanized.

No
  

Yes, it will be compulsory. From 1 November 2013, all new dogs will have to be microchipped for the purpose of identification and registration.  Registered dogs that are transferred to new owners after 1 November 2013 will need to be microchipped before they are sold or transferred. 

If you already own a dog, it must be microchipped by 1 November 2015, so ask your vet about it next time you visit. 

Microchipping will help local governments to readily identify lost and stray dogs and to quickly reunite them with their owners, thereby reducing the period of impoundment and overall costs and inconvenience to owners.


Yes
10
Dog Amendment Bill 2013Dog Amendment Bill 2013119

​Yes, it will be compulsory. From 1 November 2013, all new dogs will have to be microchipped for the purpose of identification and registration.  Registered dogs that are transferred to new owners after 1 November 2013 will need to be microchipped before they are sold or transferred. 

If you already own a dog, it must be microchipped by 1 November 2015, so ask your vet about it next time you visit. 

Microchipping will help local governments to readily identify lost and stray dogs and to quickly reunite them with their owners, thereby reducing the period of impoundment and overall costs and inconvenience to owners.

No
  

The average cost of microchipping is approximately $55.


Yes
11
Dog Amendment Bill 2013Dog Amendment Bill 2013120

​The average cost of microchipping is approximately $55.

No
  

For dogs where the owner can be readily identified (for example, through a microchip or registration details), the local government must hold the dog for a minimum seven days to improve the opportunity for owners to reunite with their dog – an extension from three days.

Owners will also be able to provide alternative contact details with their registration in case they are not contactable from time to time.


Yes
12
Dog Amendment Bill 2013Dog Amendment Bill 2013121

​For dogs where the owner can be readily identified (for example, through a microchip or registration details), the local government must hold the dog for a minimum seven days to improve the opportunity for owners to reunite with their dog – an extension from three days.

Owners will also be able to provide alternative contact details with their registration in case they are not contactable from time to time.

No
  

Yes. For the first time, owners will be able to register their dog once and this will remain valid for the life of the dog even if the owner moves to another local government area in WA with their dog.

The cost of this is $100 for a sterilised dog and $250 for an unsterilised dog. Pensioners are entitled to half price registrations.

Lifetime registration does not apply to dangerous dogs – these must be registered on an annual basis.

Yes
13
Dog Amendment Bill 2013Dog Amendment Bill 2013122

​Yes. For the first time, owners will be able to register their dog once and this will remain valid for the life of the dog even if the owner moves to another local government area in WA with their dog.

The cost of this is $100 for a sterilised dog and $250 for an unsterilised dog. Pensioners are entitled to half price registrations.

Lifetime registration does not apply to dangerous dogs – these must be registered on an annual basis.

No
  

Breed specific legislation has been place in Western Australia since 2002, following a national agreement by the Commonwealth and all States and Territories. 

These 2013 amendments do not introduce Breed Specific Legislation nor change the breeds that it covers – it moves the current provisions from regulations into the Act and makes amendments to ensure that the owners of all dangerous dogs are treated in a similar way.


Yes
14
Dog Amendment Bill 2013Dog Amendment Bill 2013123

​Breed specific legislation has been place in Western Australia since 2002, following a national agreement by the Commonwealth and all States and Territories. 

These 2013 amendments do not introduce Breed Specific Legislation nor change the breeds that it covers – it moves the current provisions from regulations into the Act and makes amendments to ensure that the owners of all dangerous dogs are treated in a similar way.

No
  
A person must not sell or transfer ownership of any dog if it is not microchipped, unless they can produce a certificate from a vet declaring that microchipping the dog will adversely affect its health.
Yes
15
Dog Amendment Bill 2013Dog Amendment Bill 2013124

​A person must not sell or transfer ownership of any dog if it is not microchipped, unless they can produce a certificate from a vet declaring that microchipping the dog will adversely affect its health.

No
  
All dogs must be registered through your local government.
Yes
16
Dog Amendment Bill 2013Dog Amendment Bill 2013125

​All dogs must be registered through your local government.

No
  

If you haven’t been able to negotiate a suitable outcome with the dog’s owner and you intend on making application to Court to seek damages, you will need to provide the details of the owner of the dog in the application. There are several possible ways you can seek this information:

  • Find out this information directly from the dog owner or others who may know (neighbours etc.)
  • Make an application to the relevant local government (shire council) under the Freedom of Information Act 1992.  As the details you seek constitute personal information, the person’s approval must be obtained by the local government before this can be released.
  • If you are making application in the Supreme Court or the District Court, you can apply for ‘pre-action discovery’ to seek the details of dog ownership. If your application is to the Magistrates Court, contact that court about any similar action.

You should seek legal advice when deciding upon or pursuing any of these options.

Yes
17
Dog Amendment Bill 2013Dog Amendment Bill 2013126

​If you haven’t been able to negotiate a suitable outcome with the dog’s owner and you intend on making application to Court to seek damages, you will need to provide the details of the owner of the dog in the application. There are several possible ways you can seek this information:

  • Find out this information directly from the dog owner or others who may know (neighbours etc.)
  • Make an application to the relevant local government (shire council) under the Freedom of Information Act 1992.  As the details you seek constitute personal information, the person’s approval must be obtained by the local government before this can be released.
  • If you are making application in the Supreme Court or the District Court, you can apply for ‘pre-action discovery’ to seek the details of dog ownership. If your application is to the Magistrates Court, contact that court about any similar action.

You should seek legal advice when deciding upon or pursuing any of these options.

No
  

No, public notice is only required if a local government intends to amend their existing dog exercise areas or prohibited areas.

However, it should be noted in the papers to council that the areas are the same and that public consultation was conducted during the local law making process on whichever date.

Yes
18
Dog Amendment Bill 2013Dog Amendment Bill 2013127

​No, public notice is only required if a local government intends to amend their existing dog exercise areas or prohibited areas.

However, it should be noted in the papers to council that the areas are the same and that public consultation was conducted during the local law making process on whichever date.

No
  
If your veterinarian believes microchipping is likely to adversely affect the health and welfare of your dog, he or she will issue you with an Exemption certificate that you take to your local government. .
Yes
19
Dog Amendment Bill 2013Dog Amendment Bill 2013128

​If your veterinarian believes microchipping is likely to adversely affect the health and welfare of your dog, he or she will issue you with an Exemption certificate that you take to your local government.

No
  

You will need to individually register the dogs that are normally kept at your kennels; that is, all dogs over the age of three months that are not being boarded.

Concessional registration continues to apply with the annual registration fee being $200 per establishment regardless of the number of dogs.

Yes
20
Dog Amendment Bill 2013Dog Amendment Bill 2013129

You will need to individually register the dogs that are normally kept at your kennels; that is, all dogs over the age of three months that are not being boarded.

Concessional registration continues to apply with the annual registration fee being $200 per establishment regardless of the number of dogs.

No
  
Penalties under the Dog Act 1976 and Dog Regulations 2013 have increased. For specific penalties the legislation can be viewed on the State Law Publisher website.
Yes
21
Dog Amendment Bill 2013Dog Amendment Bill 2013130

​Penalties under the Dog Act 1976 and Dog Regulations 2013 have increased. For specific penalties the legislation can be viewed on the State Law Publisher website.

No
  
The principal legislation covering local government elections is:
  • Part 4 of the Local Government Act 1995;
  • The Local Government (Elections) Regulations 1997; and
  • The Local Government (Constitution) Regulations 1998.
Yes
1
ElectionsElections131

​The principal legislation covering local government elections is:

  • Part 4 of the Local Government Act 1995;
  • The Local Government (Elections) Regulations 1997; and
  • The Local Government (Constitution) Regulations 1998.
No
  
Under section 2.2 of the Act, councils are able to divide their district into wards with councillors being elected on that basis. Councils use wards to establish smaller areas which have interests and other characteristics in common. This can help to ensure that council is representative of residents across the whole district, but councillors elected in wards are not elected to represent just that ward. Where councillors are elected by voters in a particular ward, they must still represent everyone in the district, in accordance with their role under section 2.10.

LGA s2.2; s2.10; Sch 2.2 cl8
Yes
2
ElectionsElections132

​Under section 2.2 of the Act, councils are able to divide their district into wards with councillors being elected on that basis. Councils use wards to establish smaller areas which have interests and other characteristics in common. This can help to ensure that council is representative of residents across the whole district, but councillors elected in wards are not elected to represent just that ward. Where councillors are elected by voters in a particular ward, they must still represent everyone in the district, in accordance with their role under section 2.10.

LGA s2.2; s2.10; Sch 2.2 cl8

No
  
Section 2.4 of the Act establishes local governments as either Shires, Towns or Cities, and under section 2.6 the chief elected official of a Shire is called a President, and the chief elected official of a Town or City is called a Mayor. However, under section 2.8 the roles, duties and functions of Mayors and Presidents are the same.

LGA s2.4; s2.6; s2.8
Yes
3
ElectionsElections133

​Section 2.4 of the Act establishes local governments as either Shires, Towns or Cities, and under section 2.6 the chief elected official of a Shire is called a President, and the chief elected official of a Town or City is called a Mayor. However, under section 2.8 the roles, duties and functions of Mayors and Presidents are the same.

LGA s2.4; s2.6; s2.8

No
  
Under section 2.11 of the Act, Mayors and Presidents can either be elected directly by the public, or they can be elected by the Council after the members of that body have been elected by the public at the local government elections held every two years. Under section 2.11(2), a Council which currently elects its Mayor or President can decide by special majority to have the position elected directly by the public, but sections 2.12 and 2.12A also establish processes that allow the electors of a local government district to petition the Council for a change from one method to the other.

LGA s2.11; s2.12; s2.12A
Yes
4
ElectionsElections134

​Under section 2.11 of the Act, Mayors and Presidents can either be elected directly by the public, or they can be elected by the Council after the members of that body have been elected by the public at the local government elections held every two years. Under section 2.11(2), a Council which currently elects its Mayor or President can decide by special majority to have the position elected directly by the public, but sections 2.12 and 2.12A also establish processes that allow the electors of a local government district to petition the Council for a change from one method to the other.

LGA s2.11; s2.12; s2.12A

No
  

Under section 4.48 of the Act, any person who meets the qualifications of section 2.19 may nominate for council in a local government election, as long as he or she has not already nominated for another position of councillor on the same council and, if elected, would not be serving in another position on the same council or any other council at the same time.

Under the qualifications of section 2.19 of the Act, any person who is 18 years of age or older, and is currently on the local government's electoral roll, can nominate for council, unless that person is only on the roll as the nominee of a body corporate, or does not meet the requirement of being on a State or Commonwealth electoral roll and is therefore only on the local government's electoral roll because of the Act's exemption from that requirement in clause 12 of Schedule 9.3.

To run for council, a person must also not be disqualified by the restrictions of sections 2.20 to 2.24 of the Act, or by an order of the State Administrative Tribunal. The restrictions of sections 2.20 to 2.24 prohibit a person from being on council if he or she:

  • is a member of parliament or another council;
  • is a financial insolvent;
  • is currently serving a prison sentence;
  • has been convicted of a serious local government offence in the previous five years;
  • has been convicted of an offence for which the indictable penalty was imprisonment of more than five years; or
  • has been found personally liable for misapplying local government funds or property in the previous five years.
LGA s2.19; s2.20; s2.21; s2.22; s2.23; s2.24; s4.48
Yes
5
ElectionsElections135

​Under section 4.48 of the Act, any person who meets the qualifications of section 2.19 may nominate for council in a local government election, as long as he or she has not already nominated for another position of councillor on the same council and, if elected, would not be serving in another position on the same council or any other council at the same time.

Under the qualifications of section 2.19 of the Act, any person who is 18 years of age or older, and is currently on the local government's electoral roll, can nominate for council, unless that person is only on the roll as the nominee of a body corporate, or does not meet the requirement of being on a State or Commonwealth electoral roll and is therefore only on the local government's electoral roll because of the Act's exemption from that requirement in clause 12 of Schedule 9.3.

To run for council, a person must also not be disqualified by the restrictions of sections 2.20 to 2.24 of the Act, or by an order of the State Administrative Tribunal. The restrictions of sections 2.20 to 2.24 prohibit a person from being on council if he or she:

  • is a member of parliament or another council;
  • is a financial insolvent;
  • is currently serving a prison sentence;
  • has been convicted of a serious local government offence in the previous five years;
  • has been convicted of an offence for which the indictable penalty was imprisonment of more than five years; or
  • has been found personally liable for misapplying local government funds or property in the previous five years.
LGA s2.19; s2.20; s2.21; s2.22; s2.23; s2.24; s4.48
No
  
No. As long as a person meets the qualifications of section 2.19 of the Act to run for council in a particular local government, he or she can run for council in any part of that local government's district, regardless of where in the district he or she has the right to vote.

LGA s2.19(3)
Yes
6
ElectionsElections136

​No. As long as a person meets the qualifications of section 2.19 of the Act to run for council in a particular local government, he or she can run for council in any part of that local government's district, regardless of where in the district he or she has the right to vote.

LGA s2.19(3)

No
  

Yes, but under section 2.26 of the Act, if local government employees are elected to the council of the local government which employs them, their employment ceases. They can nominate for council in any other local government where they are eligible without impacting their employment.

Under section 102 of the Public Sector Management Act 1994, there is no legislative restriction to prevent a State public servant from standing for council in a local government. However, all employees of a State agency or instrumentality should check whether their employer has internal codes of conduct or policies to which they are expected to adhere as a condition of their employment, and which might require permission for some external activities.

LGA s2.26

Yes
7
ElectionsElections137

​Yes, but under section 2.26 of the Act, if local government employees are elected to the council of the local government which employs them, their employment ceases. They can nominate for council in any other local government where they are eligible without impacting their employment.

Under section 102 of the Public Sector Management Act 1994, there is no legislative restriction to prevent a State public servant from standing for council in a local government. However, all employees of a State agency or instrumentality should check whether their employer has internal codes of conduct or policies to which they are expected to adhere as a condition of their employment, and which might require permission for some external activities.

LGA s2.26

No
  

Under sections 2.28, 4.6 and 4.7 of the Act, ordinary local government elections for positions on councils are held every two years on the third Saturday in October. However, when unexpected vacancies arise on councils, extraordinary elections to fill those vacancies can be held at other times as required, under sections 4.8 and 4.9.

However, section 4.1A prevents a local government election from proceeding on the same date as a State or Commonwealth Parliamentary election or referendum in any district, electorate or region where the relevant State or Commonwealth poll is taking place. In the event of such election dates coinciding, section 4.1B provides for the Governor of Western Australia to reschedule any local government elections to a date no more than 14 days later than the original date. (The Governor General of Australia also has certain powers to approve elections in a State, or any part of a State, on the same date as a Commonwealth election under section 394 of the Commonwealth Electoral Act 1918.)

Section 4.7 also enables the Western Australian Electoral Commissioner to postpone ordinary local government elections if it is not considered in the public interest to hold them on the usual date. In such a case, the postponed elections must be held on a later Saturday in October, or on the first, second or third Saturday in November.

LGA s2.28; s4.1A; s4.1B; s4.6; s4.7; s4.8; s4.9"
Yes
8
ElectionsElections138

​Under sections 2.28, 4.6 and 4.7 of the Act, ordinary local government elections for positions on councils are held every two years on the third Saturday in October. However, when unexpected vacancies arise on councils, extraordinary elections to fill those vacancies can be held at other times as required, under sections 4.8 and 4.9.

However, section 4.1A prevents a local government election from proceeding on the same date as a State or Commonwealth Parliamentary election or referendum in any district, electorate or region where the relevant State or Commonwealth poll is taking place. In the event of such election dates coinciding, section 4.1B provides for the Governor of Western Australia to reschedule any local government elections to a date no more than 14 days later than the original date. (The Governor General of Australia also has certain powers to approve elections in a State, or any part of a State, on the same date as a Commonwealth election under section 394 of the Commonwealth Electoral Act 1918.)

Section 4.7 also enables the Western Australian Electoral Commissioner to postpone ordinary local government elections if it is not considered in the public interest to hold them on the usual date. In such a case, the postponed elections must be held on a later Saturday in October, or on the first, second or third Saturday in November.

LGA s2.28; s4.1A; s4.1B; s4.6; s4.7; s4.8; s4.9"
No
  

Section 4.78(2) of the Act requires Returning Officers to implement, as far as practicable, the requirement in Clause 1 of Schedule 4.2 that around half the number of members on a council are to retire every two years.

Retirement simply means that a councillor's position becomes vacant and available for a contested election. It does not prevent the retiring councillor from running for election for a further term.

Given that councillors are elected for terms of four years under section 2.28, the requirement that half the positions on council become vacant every two years is intended to allow for the regular addition of new members to council while still ensuring some continuity in membership.

LGA s2.28; s4.78(2); Sch 4.2 cl1
Yes
9
ElectionsElections139

​Section 4.78(2) of the Act requires Returning Officers to implement, as far as practicable, the requirement in Clause 1 of Schedule 4.2 that around half the number of members on a council are to retire every two years.

Retirement simply means that a councillor's position becomes vacant and available for a contested election. It does not prevent the retiring councillor from running for election for a further term.

Given that councillors are elected for terms of four years under section 2.28, the requirement that half the positions on council become vacant every two years is intended to allow for the regular addition of new members to council while still ensuring some continuity in membership.

LGA s2.28; s4.78(2); Sch 4.2 cl1
No
  

A successful candidate in a local government election can officially act as an elected member of council when his or her declaration of office has been formally made in accordance with section 2.29 of the Act and regulation 13 of the Local Government (Constitution) Regulations 1998. This is the 'Declaration by elected member of council', as prescribed by Form 7 of Schedule 1 of the Constitution Regulations.

The timing of this declaration varies from local government to local government. It frequently occurs at a special council meeting held shortly after the local government's election day. The Chief Executive Officer of the relevant local government will be in the best position to advise on this.

LGA s2.29; LG(C)R r13; Sch 1 Form 7
Yes
10
ElectionsElections140

​A successful candidate in a local government election can officially act as an elected member of council when his or her declaration of office has been formally made in accordance with section 2.29 of the Act and regulation 13 of the Local Government (Constitution) Regulations 1998. This is the 'Declaration by elected member of council', as prescribed by Form 7 of Schedule 1 of the Constitution Regulations.

The timing of this declaration varies from local government to local government. It frequently occurs at a special council meeting held shortly after the local government's election day. The Chief Executive Officer of the relevant local government will be in the best position to advise on this.

LGA s2.29; LG(C)R r13; Sch 1 Form 7
No
  

Under section 2.32(c) of the Act, a newly elected member of council needs to make a declaration of office in accordance with section 2.29 of the Act and regulation 13 of the Local Government (Constitution) Regulations 1998, within two months of being declared elected. Otherwise the office becomes vacant and a further extraordinary election must be held to fill the vacancy.

LGA s2.29; s2.32(c); LG(C)R r13; Sch 1 Form 7
Yes
11
ElectionsElections141

Under section 2.32(c) of the Act, a newly elected member of council needs to make a declaration of office in accordance with section 2.29 of the Act and regulation 13 of the Local Government (Constitution) Regulations 1998, within two months of being declared elected. Otherwise the office becomes vacant and a further extraordinary election must be held to fill the vacancy.

LGA s2.29; s2.32(c); LG(C)R r13; Sch 1 Form 7
No
  

Under section 4.4 of the Act, the regular local government elections for positions on councils which are held every two years on the third Saturday of October are called the ordinary elections. Under section 4.8, elections held at other times to fill unexpected vacancies are called extraordinary elections. Such vacancies may arise because a councillor has passed away or resigned.

Under section 4.9, the date of an extraordinary election can be scheduled by the mayor or president of the local government, or by the council, but must not be scheduled later than four months after the vacancy occurs, unless the Western Australian Electoral Commissioner approves a later date.

LGA s4.4; s4.8; s4.9
Yes
12
ElectionsElections142

​Under section 4.4 of the Act, the regular local government elections for positions on councils which are held every two years on the third Saturday of October are called the ordinary elections. Under section 4.8, elections held at other times to fill unexpected vacancies are called extraordinary elections. Such vacancies may arise because a councillor has passed away or resigned.

Under section 4.9, the date of an extraordinary election can be scheduled by the mayor or president of the local government, or by the council, but must not be scheduled later than four months after the vacancy occurs, unless the Western Australian Electoral Commissioner approves a later date.

LGA s4.4; s4.8; s4.9
No
  

There are some circumstances in which extraordinary elections can be postponed.

If a position on council becomes vacant in an ordinary election year, and this happens on or after the third Saturday in July, sections 4.16(2) and (3) of the Act automatically postpone any election for that vacant position until the ordinary elections scheduled for October. Under section 4.16(4), if the vacancy arises in an ordinary election year after the third Saturday in January, but before the third Saturday in July, the election may also be postponed until the October elections if the council supports a postponement, but approval must be requested from the Western Australian Electoral Commissioner. Section 4.18 establishes that any extraordinary elections postponed in this way are to be conducted as part of the ordinary elections.

There are also some circumstances in which vacant positions on council can remain unfilled even when the vacancy arises in a year when ordinary elections are not due. Sections 4.17(3) and (4A) allow a council, with the approval of the Electoral Commissioner, to leave a vacant position unfilled until the next ordinary elections, provided that 80 per cent of the remaining positions on council for the relevant district or ward are still filled. However, in the case of wards, this can only be done if the ward is represented by five or more offices of councillor.

Additionally, if a position on council has been left unfilled and another position subsequently becomes vacant and requires an extraordinary election, section 4.17(4) requires that extraordinary elections be held for all vacant positions on the same day.

LGA s4.16; 4.17; 4.18
Yes
13
ElectionsElections143

​There are some circumstances in which extraordinary elections can be postponed.

If a position on council becomes vacant in an ordinary election year, and this happens on or after the third Saturday in July, sections 4.16(2) and (3) of the Act automatically postpone any election for that vacant position until the ordinary elections scheduled for October. Under section 4.16(4), if the vacancy arises in an ordinary election year after the third Saturday in January, but before the third Saturday in July, the election may also be postponed until the October elections if the council supports a postponement, but approval must be requested from the Western Australian Electoral Commissioner. Section 4.18 establishes that any extraordinary elections postponed in this way are to be conducted as part of the ordinary elections.

There are also some circumstances in which vacant positions on council can remain unfilled even when the vacancy arises in a year when ordinary elections are not due. Sections 4.17(3) and (4A) allow a council, with the approval of the Electoral Commissioner, to leave a vacant position unfilled until the next ordinary elections, provided that 80 per cent of the remaining positions on council for the relevant district or ward are still filled. However, in the case of wards, this can only be done if the ward is represented by five or more offices of councillor.

Additionally, if a position on council has been left unfilled and another position subsequently becomes vacant and requires an extraordinary election, section 4.17(4) requires that extraordinary elections be held for all vacant positions on the same day.

LGA s4.16; 4.17; 4.18
No
  

Councils can choose whether their elections are run by their own administration or by the Western Australian Electoral Commissioner. When the administration is responsible for running an election, the local government's Chief Executive Officer is appointed as the Returning Officer under section 4.20(1) of the Act, unless Council decides, with the approval of the Electoral Commissioner, to appoint someone else under section 4.20(2). When the Western Australian Electoral Commission is engaged to run the election, the Returning Officer is appointed by the WAEC under section 4.20(4).

LGA s4.20
Yes
14
ElectionsElections144

​Councils can choose whether their elections are run by their own administration or by the Western Australian Electoral Commissioner. When the administration is responsible for running an election, the local government's Chief Executive Officer is appointed as the Returning Officer under section 4.20(1) of the Act, unless Council decides, with the approval of the Electoral Commissioner, to appoint someone else under section 4.20(2). When the Western Australian Electoral Commission is engaged to run the election, the Returning Officer is appointed by the WAEC under section 4.20(4).

LGA s4.20
No
  

Under section 4.61 of the Act, local government elections can be conducted as either 'voting in person' elections or 'postal voting' elections.

At a 'voting in person' election, electors may vote early at a nominated polling place, or vote by post if they have applied to be a postal voter, but most choose to vote in person on election day at a polling place within the district.

At a postal election, electors are sent a voting package in the post which includes ballot papers. They may then vote at home and return the completed voting papers by post.

LGA s4.20; s4.61
Yes
15
ElectionsElections145

​Under section 4.61 of the Act, local government elections can be conducted as either 'voting in person' elections or 'postal voting' elections.

At a 'voting in person' election, electors may vote early at a nominated polling place, or vote by post if they have applied to be a postal voter, but most choose to vote in person on election day at a polling place within the district.

At a postal election, electors are sent a voting package in the post which includes ballot papers. They may then vote at home and return the completed voting papers by post.

LGA s4.20; s4.61
No
  

Yes. Under section 4.61 of the Act, local governments are conducted as 'voting in person' elections unless the Council chooses a postal election under section 4.61(2). However, section 4.61(4) requires that any local government which opts for a postal election must engage the Western Australian Electoral Commission to conduct the election.

LGA s4.20; s4.61
Yes
16
ElectionsElections146

​Yes. Under section 4.61 of the Act, local governments are conducted as 'voting in person' elections unless the Council chooses a postal election under section 4.61(2). However, section 4.61(4) requires that any local government which opts for a postal election must engage the Western Australian Electoral Commission to conduct the election.

LGA s4.20; s4.61
No
  

The role of the Returning Officer is to ensure that the local government's elections are conducted in accordance with the law.

The Department's Returning Officer Manual for the conduct of 'voting in person' elections, available from the Department's website, is a comprehensive guide to the duties required of local government Returning Officers, both in preparation for elections and on polling day itself.

LGA s4.23
Yes
17
ElectionsElections147

​The role of the Returning Officer is to ensure that the local government's elections are conducted in accordance with the law.

The Department's Returning Officer Manual for the conduct of 'voting in person' elections, available from the Department's website, is a comprehensive guide to the duties required of local government Returning Officers, both in preparation for elections and on polling day itself.

LGA s4.23
No
  

Under regulation 8 of the Local Government (Elections) Regulations 1997, the Returning Officer for any local government must prepare or adopt an Electoral Code of Conduct to apply to all electoral officers for any election held in that local government. The Western Australian Electoral Commission (WAEC) appoints Returning Officers for any local government which has engaged the WAEC to conduct its elections, and in these instances the Electoral Code of Conduct prepared by the WAEC applies.

LGA s4.27(1)(d); LG(E)R r8
Yes
18
ElectionsElections148

​Under regulation 8 of the Local Government (Elections) Regulations 1997, the Returning Officer for any local government must prepare or adopt an Electoral Code of Conduct to apply to all electoral officers for any election held in that local government. The Western Australian Electoral Commission (WAEC) appoints Returning Officers for any local government which has engaged the WAEC to conduct its elections, and in these instances the Electoral Code of Conduct prepared by the WAEC applies.

LGA s4.27(1)(d); LG(E)R r8
No
  

Under section 4.28 of the Act, all costs associated with a local government election, including payments made to electoral officers, are paid by the relevant local government.

Regulation 9 of the Local Government (Elections) Regulations 1997 establishes that payments to an electoral officer are to be an amount agreed between the electoral officer and the local government, and that where the local government has engaged the Western Australian Electoral Commission (WAEC) to conduct an election, the WAEC is to be reimbursed for the costs of conducting the election to the extent agreed between the WAEC and the local government.

LGA s4.28; LG(E)R r9
Yes
19
ElectionsElections149

​Under section 4.28 of the Act, all costs associated with a local government election, including payments made to electoral officers, are paid by the relevant local government.

Regulation 9 of the Local Government (Elections) Regulations 1997 establishes that payments to an electoral officer are to be an amount agreed between the electoral officer and the local government, and that where the local government has engaged the Western Australian Electoral Commission (WAEC) to conduct an election, the WAEC is to be reimbursed for the costs of conducting the election to the extent agreed between the WAEC and the local government.

LGA s4.28; LG(E)R r9
No
  

To be able to vote in a local government election, a person must be a resident of the relevant local government ward or district, in accordance with section 4.29 of the Act, or an owner or occupier of rateable property in the ward or district, in accordance with sections 4.30 and 4.31. The relevant ward or district is identified in the Act as the 'electorate'.

A resident is anyone enrolled on the State electoral roll for a residence in the electorate, and will automatically be included on any electoral roll supplied to the relevant local government for that electorate by the Western Australian Electoral Commission.

Non-resident owners and occupiers of rateable property in an electorate can also vote, as long as they are on a State or Commonwealth electoral roll for a residence outside the electorate. However, owners and occupiers are not automatically included on a local government's electoral rolls, and must apply to the relevant local government for enrolment.

LGA s4.29; s4.30; s4.31
Yes
20
ElectionsElections150

​To be able to vote in a local government election, a person must be a resident of the relevant local government ward or district, in accordance with section 4.29 of the Act, or an owner or occupier of rateable property in the ward or district, in accordance with sections 4.30 and 4.31. The relevant ward or district is identified in the Act as the 'electorate'.

A resident is anyone enrolled on the State electoral roll for a residence in the electorate, and will automatically be included on any electoral roll supplied to the relevant local government for that electorate by the Western Australian Electoral Commission.

Non-resident owners and occupiers of rateable property in an electorate can also vote, as long as they are on a State or Commonwealth electoral roll for a residence outside the electorate. However, owners and occupiers are not automatically included on a local government's electoral rolls, and must apply to the relevant local government for enrolment.

LGA s4.29; s4.30; s4.31
No
  

In general, yes. Voters in local government elections need to be on a State or Commonwealth electoral roll, regardless of whether they are residents of a local government ward or district and enrolled under section 4.29 of the Act, or owners or occupiers of rateable property in a ward or district and enrolled under section 4.30. Citizenship is generally required for inclusion on State and Commonwealth rolls.

Clause 12 of Schedule 9.3 of the Act establishes that, in certain circumstances, a person who was on a local government's electoral roll prior to the commencement of the Local Government Act 1995, but is not an Australian citizen, may be able to remain on an owners and occupiers roll of that local government if they have owned or occupied rateable property in the relevant local government district continuously since the commencement of the Act. However, electors eligible to vote under this provision are not eligible to nominate for council.

LGA s4.29; s4.30; Sch 9.3 cl12
Yes
21
ElectionsElections151

​In general, yes. Voters in local government elections need to be on a State or Commonwealth electoral roll, regardless of whether they are residents of a local government ward or district and enrolled under section 4.29 of the Act, or owners or occupiers of rateable property in a ward or district and enrolled under section 4.30. Citizenship is generally required for inclusion on State and Commonwealth rolls.

Clause 12 of Schedule 9.3 of the Act establishes that, in certain circumstances, a person who was on a local government's electoral roll prior to the commencement of the Local Government Act 1995, but is not an Australian citizen, may be able to remain on an owners and occupiers roll of that local government if they have owned or occupied rateable property in the relevant local government district continuously since the commencement of the Act. However, electors eligible to vote under this provision are not eligible to nominate for council.

LGA s4.29; s4.30; Sch 9.3 cl12
No
  

A local government's residents roll is the electoral roll of anyone currently included on the State electoral roll for a residence in that local government's district, in accordance with section 4.29 of the Act.

Under section 4.40 of the Act, the residents roll for any ward or district in which an election is to be held must be requested from the Western Australian Electoral Commission by the relevant local government's Chief Executive Officer when preparing for an election.

LGA s4.29; s4.40
Yes
22
ElectionsElections152

​A local government's residents roll is the electoral roll of anyone currently included on the State electoral roll for a residence in that local government's district, in accordance with section 4.29 of the Act.

Under section 4.40 of the Act, the residents roll for any ward or district in which an election is to be held must be requested from the Western Australian Electoral Commission by the relevant local government's Chief Executive Officer when preparing for an election.

LGA s4.29; s4.40
No
  

A non-resident owner is a person who owns rateable property within a local government ward or district but does not reside in that ward or district. To be eligible for a local government's owners and occupiers roll under section 4.30 of the Act, a non-resident owner must be enrolled on the State or Commonwealth electoral roll for a residence outside the ward or district for which they are claiming eligibility as a non-resident owner, and make an application for inclusion on the owners and occupiers roll under section 4.32.

A non-resident occupier is a person who leases or rents rateable property within a local government ward or district but does not reside in that ward or district. To be eligible for a local government's owners and occupiers roll under section 4.30 of the Act, a non-resident occupier must be enrolled on the State or Commonwealth electoral roll for a residence outside the ward or district for which they are claiming eligibility as a non-resident occupier, and make an application for inclusion on the owners and occupiers roll under section 4.32.

Under sections 4.31(1C) and 4.32(3) of the Act, the person claiming eligibility must also have a right of continuous occupation for the relevant property under a lease, tenancy agreement or other legal instrument, extending for a period of at least three months from the time the person claims enrolment.

LGA s4.30; s4.31; s4.32; LG(E)R Sch 1 Form 2
Yes
23
ElectionsElections153

A non-resident owner is a person who owns rateable property within a local government ward or district but does not reside in that ward or district. To be eligible for a local government's owners and occupiers roll under section 4.30 of the Act, a non-resident owner must be enrolled on the State or Commonwealth electoral roll for a residence outside the ward or district for which they are claiming eligibility as a non-resident owner, and make an application for inclusion on the owners and occupiers roll under section 4.32.

A non-resident occupier is a person who leases or rents rateable property within a local government ward or district but does not reside in that ward or district. To be eligible for a local government's owners and occupiers roll under section 4.30 of the Act, a non-resident occupier must be enrolled on the State or Commonwealth electoral roll for a residence outside the ward or district for which they are claiming eligibility as a non-resident occupier, and make an application for inclusion on the owners and occupiers roll under section 4.32.

Under sections 4.31(1C) and 4.32(3) of the Act, the person claiming eligibility must also have a right of continuous occupation for the relevant property under a lease, tenancy agreement or other legal instrument, extending for a period of at least three months from the time the person claims enrolment.

LGA s4.30; s4.31; s4.32; LG(E)R Sch 1 Form 2
No
  

A local government's owners and occupiers roll is the electoral roll of any owners and occupiers of rateable property in that local government's district who are eligible to vote under section 4.30 of the Act and have successfully applied to the local government for inclusion on the roll under section 4.32.

Under section 4.41 of the Act, the owners and occupiers roll for any ward or district in which an election is to be held must be updated by the relevant local government's Chief Executive Officer when preparing for an election.

LGA s4.30; s4.32; s4.41
Yes
24
ElectionsElections154

​A local government's owners and occupiers roll is the electoral roll of any owners and occupiers of rateable property in that local government's district who are eligible to vote under section 4.30 of the Act and have successfully applied to the local government for inclusion on the roll under section 4.32.

Under section 4.41 of the Act, the owners and occupiers roll for any ward or district in which an election is to be held must be updated by the relevant local government's Chief Executive Officer when preparing for an election.

LGA s4.30; s4.32; s4.41
No
  

Under section 4.31(1E) and (1F) of the Act, and regulation 11 of the Local Government (Elections) Regulations 1997, where a property is owned or occupied by two non-residents, both are entitled to be on the local government's owners and occupiers roll.

Where there are more than two owners or occupiers, the majority must nominate two people from among themselves to have the right to vote. The nominees must be enrolled on the State or Commonwealth Government electoral roll for a residence outside the relevant ward or district.

LGA s4.30; s4.31(1E) and (1F); LG(E)R r11
Yes
25
ElectionsElections155

​Under section 4.31(1E) and (1F) of the Act, and regulation 11 of the Local Government (Elections) Regulations 1997, where a property is owned or occupied by two non-residents, both are entitled to be on the local government's owners and occupiers roll.

Where there are more than two owners or occupiers, the majority must nominate two people from among themselves to have the right to vote. The nominees must be enrolled on the State or Commonwealth Government electoral roll for a residence outside the relevant ward or district.

LGA s4.30; s4.31(1E) and (1F); LG(E)R r11
No
  

Under section 4.31(1G) and (1H) of the Act, and regulation 11 of the Local Government (Elections) Regulations 1997, where a company or body corporate owns or occupies rateable land, up to two people can be enrolled to vote on its behalf in local government elections.

If more than one property in a ward is owned by the same company or body corporate, the body is still entitled to only two votes, and if the company or body corporate is entitled to cast votes at elections for more than one ward in the same local government, the same two people must be nominated to vote in the other elections. These people must be enrolled on the State or Commonwealth Government electoral roll for a residence outside the district.

LGA s4.30; s4.31(1G) and (1H); LG(E)R r11
Yes
26
ElectionsElections156

​Under section 4.31(1G) and (1H) of the Act, and regulation 11 of the Local Government (Elections) Regulations 1997, where a company or body corporate owns or occupies rateable land, up to two people can be enrolled to vote on its behalf in local government elections.

If more than one property in a ward is owned by the same company or body corporate, the body is still entitled to only two votes, and if the company or body corporate is entitled to cast votes at elections for more than one ward in the same local government, the same two people must be nominated to vote in the other elections. These people must be enrolled on the State or Commonwealth Government electoral roll for a residence outside the district.

LGA s4.30; s4.31(1G) and (1H); LG(E)R r11
No
  

The relevant local government can provide an 'Enrolment Eligibility Claim' as prescribed in Form 2 of the Local Government (Elections) Regulations 1997, which can be used by owners, occupiers and nominees of body corporates.

LGA s4.32; LG(E)R Sch 1 Form 2
Yes
27
ElectionsElections157

​The relevant local government can provide an 'Enrolment Eligibility Claim' as prescribed in Form 2 of the Local Government (Elections) Regulations 1997, which can be used by owners, occupiers and nominees of body corporates.

LGA s4.32; LG(E)R Sch 1 Form 2
No
  

Yes. Under section 4.32(6) and (7) of the Act, if the Chief Executive Officer of a local government rejects an application for a person's inclusion on the owners and occupiers roll, he or she must provide reasons for that decision. Under section 4.32(8) and regulation 15 of the Local Government (Elections) Regulations 1997, this can be appealed to the Western Australian Electoral Commissioner.

Similarly, if the CEO decides under section 4.35(1) of the Act that an existing elector is no longer eligible for inclusion on the owners and occupiers roll, he or she must provide reasons for that decision, and this can also be appealed to the Electoral Commissioner under section 4.35(4) and regulation 15 of the Elections Regulations.

In either case, the Electoral Commissioner may confirm or reverse the decision of the CEO.

LGA s4.32; s4.35; LG(E)R r15; Sch 1 Forms 5 and 7
Yes
28
ElectionsElections158

​Yes. Under section 4.32(6) and (7) of the Act, if the Chief Executive Officer of a local government rejects an application for a person's inclusion on the owners and occupiers roll, he or she must provide reasons for that decision. Under section 4.32(8) and regulation 15 of the Local Government (Elections) Regulations 1997, this can be appealed to the Western Australian Electoral Commissioner.

Similarly, if the CEO decides under section 4.35(1) of the Act that an existing elector is no longer eligible for inclusion on the owners and occupiers roll, he or she must provide reasons for that decision, and this can also be appealed to the Electoral Commissioner under section 4.35(4) and regulation 15 of the Elections Regulations.

In either case, the Electoral Commissioner may confirm or reverse the decision of the CEO.

LGA s4.32; s4.35; LG(E)R r15; Sch 1 Forms 5 and 7
No
  

Section 4.38 of the Act and regulation 18 of the Local Government (Elections) Regulations 1997 allow local governments to combine their residents rolls with their owners and occupiers rolls to create consolidated rolls for their elections.

As part of this process, the Chief Executive Officer of the local government must ensure that no elector's name appears on a consolidated roll more than once, in accordance with section 4.44, and that the details of each elector on a consolidated roll are the same details that would be included for that elector on a residents roll or an owners and occupiers roll in accordance with regulation 20 of the Elections Regulations.

LGA s4.38; s4.44; LG(E)R r18, 20
Yes
29
ElectionsElections159

​Section 4.38 of the Act and regulation 18 of the Local Government (Elections) Regulations 1997 allow local governments to combine their residents rolls with their owners and occupiers rolls to create consolidated rolls for their elections.

As part of this process, the Chief Executive Officer of the local government must ensure that no elector's name appears on a consolidated roll more than once, in accordance with section 4.44, and that the details of each elector on a consolidated roll are the same details that would be included for that elector on a residents roll or an owners and occupiers roll in accordance with regulation 20 of the Elections Regulations.

LGA s4.38; s4.44; LG(E)R r18, 20
No
  

The information made available to candidates may differ from local government to local government. It will always include an electoral roll but may include any or all of the following:

  • maps of relevant wards or the district;
  • information about polling places and where the count is to take place;
  • information about early, absent and postal voting;
  • copies of relevant electoral forms, such as scrutineer appointment forms;
  • a copy of the local government's Electoral Code of Conduct; and
  • information for scrutineers.
LGA s4.42; LG(E)R r22
Yes
30
ElectionsElections160

​The information made available to candidates may differ from local government to local government. It will always include an electoral roll but may include any or all of the following:

  • maps of relevant wards or the district;
  • information about polling places and where the count is to take place;
  • information about early, absent and postal voting;
  • copies of relevant electoral forms, such as scrutineer appointment forms;
  • a copy of the local government's Electoral Code of Conduct; and
  • information for scrutineers.
LGA s4.42; LG(E)R r22
No
  

The Returning Officer for the relevant local government will have the nomination form as well as other relevant information for candidates. In order to nominate a person must:

  • complete the nomination form;
  • complete a candidate profile;
  • pay the deposit fee of $80 by any means where the Returning Officer is able to ensure that the amount is credited to the local government before nominations close; and
  • ensure that the nomination has been properly authorised by the candidate where it has been lodged by an agent on behalf on the candidate.

The documentation can be lodged in person, by post, fax or electronic means, as long as it is received by the Returning Officer prior to the close of nominations and the deposit fee is received as cleared funds by that time.

LGA s4.49; LG(E)R r23, 24, 25, 26; Sch 1 Forms 8 and 9
Yes
31
ElectionsElections161

​The Returning Officer for the relevant local government will have the nomination form as well as other relevant information for candidates. In order to nominate a person must:

  • complete the nomination form;
  • complete a candidate profile;
  • pay the deposit fee of $80 by any means where the Returning Officer is able to ensure that the amount is credited to the local government before nominations close; and
  • ensure that the nomination has been properly authorised by the candidate where it has been lodged by an agent on behalf on the candidate.

The documentation can be lodged in person, by post, fax or electronic means, as long as it is received by the Returning Officer prior to the close of nominations and the deposit fee is received as cleared funds by that time.

LGA s4.49; LG(E)R r23, 24, 25, 26; Sch 1 Forms 8 and 9
No
  

Nominations for local government elections open on the 44th day before election day and close at 4.00pm on the 37th day before election day.

The 'Elections' section of the Department's website includes a timetable in each ordinary election year which shows the relevant dates for that year.

LGA s4.49(a)
Yes
32
ElectionsElections162

​Nominations for local government elections open on the 44th day before election day and close at 4.00pm on the 37th day before election day.

The 'Elections' section of the Department's website includes a timetable in each ordinary election year which shows the relevant dates for that year.

LGA s4.49(a)
No
  

No. The name to be printed on the ballot paper for a local government election must be the candidate's surname and one or more of the candidate's given names (or an initial or commonly accepted variation). This recognises that some people are better known by their second name or a commonly accepted variation of their given names.

The Returning Officer has the discretion to allow the use of initials or a commonly accepted variation of given names or a commonly used name.

LGA s4.49(a); LG(E)R Sch 1 Forms 8 and 9
Yes
33
ElectionsElections163

​No. The name to be printed on the ballot paper for a local government election must be the candidate's surname and one or more of the candidate's given names (or an initial or commonly accepted variation). This recognises that some people are better known by their second name or a commonly accepted variation of their given names.

The Returning Officer has the discretion to allow the use of initials or a commonly accepted variation of given names or a commonly used name.

LGA s4.49(a); LG(E)R Sch 1 Forms 8 and 9
No
  

A local government election candidate profile is a short (150 word maximum) summary of the candidate’s personal information, contact details and policies and beliefs. It may also include a photograph taken within the last six months.

LGA s4.49(b); LG(E)R r24
Yes
34
ElectionsElections164

​A local government election candidate profile is a short (150 word maximum) summary of the candidate’s personal information, contact details and policies and beliefs. It may also include a photograph taken within the last six months.

LGA s4.49(b); LG(E)R r24
No
  

As soon as practicable after the election, successful candidates will be refunded their $80 deposit, usually after 28-days following notice of the election result (and only if there has been no invalidity complaint).

Nomination deposits are also to be returned to any candidate who receives at least five per cent of the total number of votes included in the count.

In addition, deposits are returned if a candidate withdraws before 4.00pm on the 38th day before Election Day, or if a candidate in both an election for councillor and an election for Mayor or President is elected as Mayor or President.

LGA s4.50; LG(E)R r27, 28, 29
Yes
35
ElectionsElections165

​As soon as practicable after the election, successful candidates will be refunded their $80 deposit, usually after 28-days following notice of the election result (and only if there has been no invalidity complaint).

Nomination deposits are also to be returned to any candidate who receives at least five per cent of the total number of votes included in the count.

In addition, deposits are returned if a candidate withdraws before 4.00pm on the 38th day before Election Day, or if a candidate in both an election for councillor and an election for Mayor or President is elected as Mayor or President.

LGA s4.50; LG(E)R r27, 28, 29
No
  

Yes. Under section 4.51 of the Act, a local government's Returning Officer can reject a nomination if the nomination form is not completed in its entirety or signed properly, if the deposit fee is not received by the close of nominations, if the person nominating is not qualified to run for council under section 2.19, or if the person nominating is not an elector of the local government district at the close of nominations.

LGA s4.51
Yes
36
ElectionsElections166

​Yes. Under section 4.51 of the Act, a local government's Returning Officer can reject a nomination if the nomination form is not completed in its entirety or signed properly, if the deposit fee is not received by the close of nominations, if the person nominating is not qualified to run for council under section 2.19, or if the person nominating is not an elector of the local government district at the close of nominations.

LGA s4.51
No
  

No. Details of all nominations for local government elections (but not the nomination forms) are displayed on the local government's notice boards along with the candidate profiles.

LGA s4.52
Yes
37
ElectionsElections167

​No. Details of all nominations for local government elections (but not the nomination forms) are displayed on the local government's notice boards along with the candidate profiles.

LGA s4.52
No
  

Yes, as long as the withdrawal is made in writing before 4.00pm on the last day of nominations, in accordance with section 4.53 of the Act and regulation 25 of the Local Government (Elections) Regulations 1997. However, under regulation 27 of the Elections Regulations, the deposit fee can only be refunded if the nomination is withdrawn by 4.00pm on the day before nominations close.

LGA s4.53; LG(E)R r25, 27
Yes
38
ElectionsElections168

​Yes, as long as the withdrawal is made in writing before 4.00pm on the last day of nominations, in accordance with section 4.53 of the Act and regulation 25 of the Local Government (Elections) Regulations 1997. However, under regulation 27 of the Elections Regulations, the deposit fee can only be refunded if the nomination is withdrawn by 4.00pm on the day before nominations close.

LGA s4.53; LG(E)R r25, 27
No
  

As soon as possible following the close of nominations for a local government election, at the nomination place, the local government's Returning Officer will publicly read aloud the names of all candidates and the offices for which they have nominated.

Any unopposed candidates will be declared elected. If there are enough candidates for an election to be contested, drawing of lots for positions on the ballot paper will also take place at this time.

Public advertising in newspapers and on local government notice boards will also describe the nominations and offices to be filled.

LGA s4.55; s4.56; s4.57; s4.64; LG(E)R r30, 31
Yes
39
ElectionsElections169

​As soon as possible following the close of nominations for a local government election, at the nomination place, the local government's Returning Officer will publicly read aloud the names of all candidates and the offices for which they have nominated.

Any unopposed candidates will be declared elected. If there are enough candidates for an election to be contested, drawing of lots for positions on the ballot paper will also take place at this time.

Public advertising in newspapers and on local government notice boards will also describe the nominations and offices to be filled.

LGA s4.55; s4.56; s4.57; s4.64; LG(E)R r30, 31
No
  

When the number of nominations for a local government election is the same as the number of vacancies, the candidates are declared elected unopposed.

If the vacancies are for terms of differing length, the local government's Returning Officer will draw lots to determine the terms of office with the first name drawn being allocated the longest term of office.

LGA s4.55; s4.78; Sch 4.2 cl7
Yes
40
ElectionsElections170

​When the number of nominations for a local government election is the same as the number of vacancies, the candidates are declared elected unopposed.

If the vacancies are for terms of differing length, the local government's Returning Officer will draw lots to determine the terms of office with the first name drawn being allocated the longest term of office.

LGA s4.55; s4.78; Sch 4.2 cl7
No
  

If there are more nominations than vacancies at the close of nominations for a local government election, there will be a contested election.

Following the close of nominations the local government's Returning Officer will undertake a draw for positions on the ballot paper. Candidates’ names will be placed in separate opaque spheres and then be drawn from a container and listed on the ballot paper in the order drawn.

LGA s4.56; LG(E)R r30
Yes
41
ElectionsElections171

​If there are more nominations than vacancies at the close of nominations for a local government election, there will be a contested election.

Following the close of nominations the local government's Returning Officer will undertake a draw for positions on the ballot paper. Candidates’ names will be placed in separate opaque spheres and then be drawn from a container and listed on the ballot paper in the order drawn.

LGA s4.56; LG(E)R r30
No
  

If there are no nominations for a vacancy at any local government election (including an extraordinary election), a further extraordinary election is to be scheduled and the process for conducting an election recommenced.

It should be noted that this means that both an ordinary election or an extraordinary election arising because of a councillor resignation or other unexpected vacancy will, if no nominations are received, require a second attempt at an election.

If at the close of nominations for that extraordinary election there are no nominations, the council may appoint to any unfilled office a person who would be eligible to be a candidate for election to the office and who is willing to accept the appointment.

LGA s4.57
Yes
42
ElectionsElections172

​If there are no nominations for a vacancy at any local government election (including an extraordinary election), a further extraordinary election is to be scheduled and the process for conducting an election recommenced.

It should be noted that this means that both an ordinary election or an extraordinary election arising because of a councillor resignation or other unexpected vacancy will, if no nominations are received, require a second attempt at an election.

If at the close of nominations for that extraordinary election there are no nominations, the council may appoint to any unfilled office a person who would be eligible to be a candidate for election to the office and who is willing to accept the appointment.

LGA s4.57
No
  

If a candidate in a local government election dies before the close of nominations, the nomination is deemed withdrawn. If a candidate dies after nominations close the election is void and an extraordinary election is to be held.

LGA s4.58
Yes
43
ElectionsElections173

​If a candidate in a local government election dies before the close of nominations, the nomination is deemed withdrawn. If a candidate dies after nominations close the election is void and an extraordinary election is to be held.

LGA s4.58
No
  
There are no regulatory restrictions under the Local Government Act 1995 on use of local government facilities for election purposes. However, local governments may have policies and local laws regarding whether local government property and facilities can be hired or used for campaigning. Candidates should check with the Chief Executive Officer of the local government.
Yes
44
ElectionsElections174

​There are no regulatory restrictions under the Local Government Act 1995 on use of local government facilities for election purposes. However, local governments may have policies and local laws regarding whether local government property and facilities can be hired or used for campaigning. Candidates should check with the Chief Executive Officer of the local government.

No
  
While there are no regulatory restrictions under the Local Government Act 1995 on use of public address systems during local government elections, local governments may have local laws controlling the use of public address systems in streets, public places and on land managed by the local government. Candidates should check with the Chief Executive Officer of the local government.
Yes
45
ElectionsElections175

​While there are no regulatory restrictions under the Local Government Act 1995 on use of public address systems during local government elections, local governments may have local laws controlling the use of public address systems in streets, public places and on land managed by the local government. Candidates should check with the Chief Executive Officer of the local government.

No
  
No. There are no provisions in the Local Government Act 1995 or its regulations for publicly funding the activities of local government election candidates.
Yes
46
ElectionsElections176

​No. There are no provisions in the Local Government Act 1995 or its regulations for publicly funding the activities of local government election candidates.

No
  
Yes, but while no regulations under the Local Government Act 1995 relate to this aspect of a local government election candidate's activities, limits to deductions for campaign expenses are imposed under the Income Tax Assessment Act 1997.
Yes
47
ElectionsElections177

​Yes, but while no regulations under the Local Government Act 1995 relate to this aspect of a local government election candidate's activities, limits to deductions for campaign expenses are imposed under the Income Tax Assessment Act 1997.

No
  

Yes. Any donations that exceed $200 in value and which were given or promised within six months prior to election day must be disclosed by the candidate. Both the donor and the recipient are required to disclose details of any gift. In addition, any gift received by an unidentified donor must be disclosed and provided to the Chief Executive Officer of the relevant local government for disposal.

Disclosures of any gifts which have been made to a candidate must be made on the 'Disclosure of Gifts' form prescribed by Form 9A of the Local Government (Elections) Regulations 1997, available from the CEO, and completed within three days of the candidate’s nomination. Any gifts made after nomination will also need to be disclosed within three days of being made.

A 'gift' includes a gift of money, a gift which is non-monetary but of value, a gift in kind or where there is inadequate financial consideration such as the application of a discount, a financial or other contribution to travel, and a firm promise or agreement to give a gift at some future time.

A gift does not include a gift by will, a gift by a relative, a gift that does not relate to the candidate’s candidature, or the provision of volunteer labour.

LGA s4.59; LG(E)R r30A, 30BA, 30B, 30CA, 30C, 30D, 30F; Sch 1 Form 9A
Yes
48
ElectionsElections178

​Yes. Any donations that exceed $200 in value and which were given or promised within six months prior to election day must be disclosed by the candidate. Both the donor and the recipient are required to disclose details of any gift. In addition, any gift received by an unidentified donor must be disclosed and provided to the Chief Executive Officer of the relevant local government for disposal.

Disclosures of any gifts which have been made to a candidate must be made on the 'Disclosure of Gifts' form prescribed by Form 9A of the Local Government (Elections) Regulations 1997, available from the CEO, and completed within three days of the candidate’s nomination. Any gifts made after nomination will also need to be disclosed within three days of being made.

A 'gift' includes a gift of money, a gift which is non-monetary but of value, a gift in kind or where there is inadequate financial consideration such as the application of a discount, a financial or other contribution to travel, and a firm promise or agreement to give a gift at some future time.

A gift does not include a gift by will, a gift by a relative, a gift that does not relate to the candidate’s candidature, or the provision of volunteer labour.

LGA s4.59; LG(E)R r30A, 30BA, 30B, 30CA, 30C, 30D, 30F; Sch 1 Form 9A
No
  

For a 'voting in person' election, votes can be cast at the polling places provided for the election within the local government's district. Generally, for every election that takes place in a ward or district, there must be at least one polling place.

For a postal voting election, electors may also deliver their postal voting package to the polling place before 6.00pm on election day.

LGA s4.62
Yes
49
ElectionsElections179

​For a 'voting in person' election, votes can be cast at the polling places provided for the election within the local government's district. Generally, for every election that takes place in a ward or district, there must be at least one polling place.

For a postal voting election, electors may also deliver their postal voting package to the polling place before 6.00pm on election day.

LGA s4.62
No
  

At least one polling place for each local government election must be open from 8.00am until 6.00pm on election day.

LGA s4.62; s4.68
Yes
50
ElectionsElections180

​At least one polling place for each local government election must be open from 8.00am until 6.00pm on election day.

LGA s4.62; s4.68
No
  

Yes. Under regulation 61(1) of the Local Government (Elections) Regulations 1997, an elector must present himself or herself at a local government polling place between 8.00am and 6.00pm on election day in order to obtain a ballot paper.

LGA s4.62; s4.68; s4.71(1)(f); LG(E)R r61(1)
Yes
51
ElectionsElections181

​Yes. Under regulation 61(1) of the Local Government (Elections) Regulations 1997, an elector must present himself or herself at a local government polling place between 8.00am and 6.00pm on election day in order to obtain a ballot paper.

LGA s4.62; s4.68; s4.71(1)(f); LG(E)R r61(1)
No
  

Yes. Under regulation 31 of the Local Government (Elections) Regulations 1997, details of polling places for a local government election must be included in the Statewide election notice required by section 4.64 of the Act, published in newspapers and displayed on local government notice boards. The information is also available from the local government offices for the relevant district.

LGA s4.64; LG(E)R r31
Yes
52
ElectionsElections182

​Yes. Under regulation 31 of the Local Government (Elections) Regulations 1997, details of polling places for a local government election must be included in the Statewide election notice required by section 4.64 of the Act, published in newspapers and displayed on local government notice boards. The information is also available from the local government offices for the relevant district.

LGA s4.64; LG(E)R r31
No
  

No. Voting in local government elections is voluntary.

LGA s4.65(1)
Yes
53
ElectionsElections183

​No. Voting in local government elections is voluntary.

LGA s4.65(1)
No
  

Each elector is entitled to one vote only in each election at which he or she is eligible to vote. This means an elector can vote both for a councillor, or councillors, in his or her local ward, and for the Mayor or President of the whole district, if the local government is one in which that position is subject to direct election by the public. If a person is entitled to vote in more than one ward, he or she can do so for councillor positions but can still only vote once in a Mayoral or Presidential election for the whole district.

LGA s4.66
Yes
54
ElectionsElections184

​Each elector is entitled to one vote only in each election at which he or she is eligible to vote. This means an elector can vote both for a councillor, or councillors, in his or her local ward, and for the Mayor or President of the whole district, if the local government is one in which that position is subject to direct election by the public. If a person is entitled to vote in more than one ward, he or she can do so for councillor positions but can still only vote once in a Mayoral or Presidential election for the whole district.

LGA s4.66
No
  

Yes. As soon as the ballot papers for a local government election have been printed, usually within a few days of the close of nominations, electors in local governments holding 'voting in person' elections can cast an early vote or vote by post if they have applied to do so.

In the case of local governments holding postal elections, a package is sent by the Western Australian Electoral Commission to all electors over a period of several days. Electors can vote at any time once they have received their packages.

LGA s4.67; s4.68
Yes
55
ElectionsElections185

​Yes. As soon as the ballot papers for a local government election have been printed, usually within a few days of the close of nominations, electors in local governments holding 'voting in person' elections can cast an early vote or vote by post if they have applied to do so.

In the case of local governments holding postal elections, a package is sent by the Western Australian Electoral Commission to all electors over a period of several days. Electors can vote at any time once they have received their packages.

LGA s4.67; s4.68
No
  

An absent vote is a vote cast at the offices of a local government for an election being held by another local government in the State. It is the responsibility of the elector to ascertain the names of the candidates for the election at which they propose to vote. Although the local government where the elector intends to vote may be able to assist with the names of the candidates for the election, it is not under an obligation to do so.

An elector will be given a blank ballot paper to fill out. Following completion of the relevant forms, together with the ballot paper, the voting papers will be posted to the Returning Officer at the elector’s local government.

An absent vote must be cast by 4.00pm on the fourth day before election day.

LGA s4.67; s4.68; LG(E)R r54, 55, 56, 57, 58; Sch 1 Forms 11 and 17
Yes
56
ElectionsElections186

​An absent vote is a vote cast at the offices of a local government for an election being held by another local government in the State. It is the responsibility of the elector to ascertain the names of the candidates for the election at which they propose to vote. Although the local government where the elector intends to vote may be able to assist with the names of the candidates for the election, it is not under an obligation to do so.

An elector will be given a blank ballot paper to fill out. Following completion of the relevant forms, together with the ballot paper, the voting papers will be posted to the Returning Officer at the elector’s local government.

An absent vote must be cast by 4.00pm on the fourth day before election day.

LGA s4.67; s4.68; LG(E)R r54, 55, 56, 57, 58; Sch 1 Forms 11 and 17
No
  

Where a local government conducts a 'voting in person' election, an early vote enables an elector to vote in person before election day at the local government offices or any other place set aside for early voting. Early voting is available at the places, and during the hours, set out in the election notice from the local government's Returning Officer. An early vote can be cast up until 4.00pm on the day before election day.

LGA s4.67; s4.68; LG(E)R r59
Yes
57
ElectionsElections187

​Where a local government conducts a 'voting in person' election, an early vote enables an elector to vote in person before election day at the local government offices or any other place set aside for early voting. Early voting is available at the places, and during the hours, set out in the election notice from the local government's Returning Officer. An early vote can be cast up until 4.00pm on the day before election day.

LGA s4.67; s4.68; LG(E)R r59
No
  

Yes. Where a local government conducts a 'voting in person' election, electors for that local government can still apply to cast their votes by post.

Electors in local governments conducting 'voting in person' elections can apply for a postal vote by completing the 'Application for Postal Voting Papers' as prescribed in Form 12 of the Local Government (Elections) Regulations 1997, and available from the local government's Returning Officer. The Returning Officer will then send the elector the voting papers, including a postage paid addressed envelope, for completion. The completed vote must be received by the Returning Officer no later than 6.00pm on election day.

This procedure does not apply to a postal election, as electors in local governments conducting postal elections are sent postal voting packages without having to apply for them.

LGA s4.68; LG(E)R r37, 38, 39, 40, 42, 43, 44; Sch 1 Form 12
Yes
58
ElectionsElections188

​Yes. Where a local government conducts a 'voting in person' election, electors for that local government can still apply to cast their votes by post.

Electors in local governments conducting 'voting in person' elections can apply for a postal vote by completing the 'Application for Postal Voting Papers' as prescribed in Form 12 of the Local Government (Elections) Regulations 1997, and available from the local government's Returning Officer. The Returning Officer will then send the elector the voting papers, including a postage paid addressed envelope, for completion. The completed vote must be received by the Returning Officer no later than 6.00pm on election day.

This procedure does not apply to a postal election, as electors in local governments conducting postal elections are sent postal voting packages without having to apply for them.

LGA s4.68; LG(E)R r37, 38, 39, 40, 42, 43, 44; Sch 1 Form 12
No
  

Where a local government conducts a 'voting in person' election, electors for that local government can cast an absent vote at the offices of another local government in the State, or apply to cast their vote by post.

Electors in local governments conducting 'voting in person' elections can apply for a postal vote by completing the 'Application for Postal Voting Papers' as prescribed in Form 12 of the Local Government (Elections) Regulations 1997, and available from the local government's Returning Officer. The Returning Officer will then send the elector the voting papers, including a postage paid addressed envelope, for completion. The completed vote must be received by the Returning Officer no later than 6.00pm on election day.

Electors for local governments conducting a postal election should make arrangements for redirection of mail to their temporary address. A replacement postal voting package may also be requested by contacting the Western Australian Electoral Commission.

LGA s4.67; s4.68; LG(E)R r37, 38, 39, 40, 42, 43, 44, 54, 55, 56, 57, 58; Sch 1 Forms 11, 12 and 17
Yes
59
ElectionsElections189

​Where a local government conducts a 'voting in person' election, electors for that local government can cast an absent vote at the offices of another local government in the State, or apply to cast their vote by post.

Electors in local governments conducting 'voting in person' elections can apply for a postal vote by completing the 'Application for Postal Voting Papers' as prescribed in Form 12 of the Local Government (Elections) Regulations 1997, and available from the local government's Returning Officer. The Returning Officer will then send the elector the voting papers, including a postage paid addressed envelope, for completion. The completed vote must be received by the Returning Officer no later than 6.00pm on election day.

Electors for local governments conducting a postal election should make arrangements for redirection of mail to their temporary address. A replacement postal voting package may also be requested by contacting the Western Australian Electoral Commission.

LGA s4.67; s4.68; LG(E)R r37, 38, 39, 40, 42, 43, 44, 54, 55, 56, 57, 58; Sch 1 Forms 11, 12 and 17
No
  

Under section 4.74 and Schedule 4.1 of the Act, local government elections use the 'first past the post' method of voting, in which electors mark their ballot papers by placing a tick in the box opposite the name of any chosen candidate. Electors can choose one or more candidates up to the number of positions on council to be filled.

The result of the election is determined by counting the number of votes received by each candidate.

In cases where there is a single vacancy, the candidate with the most votes is elected, while in cases where there is more than one vacancy, candidates are elected to the vacant positions in order according to the number of votes received by each.

LGA s4.69; s4.74; Sch 4.1; LG(E)R r34, 35
Yes
60
ElectionsElections190

​Under section 4.74 and Schedule 4.1 of the Act, local government elections use the 'first past the post' method of voting, in which electors mark their ballot papers by placing a tick in the box opposite the name of any chosen candidate. Electors can choose one or more candidates up to the number of positions on council to be filled.

The result of the election is determined by counting the number of votes received by each candidate.

In cases where there is a single vacancy, the candidate with the most votes is elected, while in cases where there is more than one vacancy, candidates are elected to the vacant positions in order according to the number of votes received by each.

LGA s4.69; s4.74; Sch 4.1; LG(E)R r34, 35
No
  

In the 'first past the post' system of voting for local government elections established by section 4.74 and Schedule 4.1 of the Act, a formal vote is one on which the elector has placed a tick in the box next to the name of the candidate or candidates (where there is more than one vacancy to be filled) to be elected, in accordance with regulations 34 and 35 of the Local Government (Elections) Regulations 1997.

If the elector ticks more boxes than vacancies the vote will be invalid. However, if an elector ticks fewer boxes than vacancies the vote will be valid.

Under section 4.75 of the Act, the Returning Officer for each local government has the power to accept such votes, and votes in which marks other than a tick have been used, if the voter’s intention is clear. Where there is a question regarding the clarity of a vote, the Returning Officer makes the final decision and advises the scrutineers of that decision. An informal vote will be marked 'rejected' by the Returning Officer and kept separate from the rest of the count for future reference in the event of anyone lodging a complaint against the result of the election.

LGA s4.69; s4.74; s4.75; Sch 4.1; LG(E)R r34, 35
Yes
61
ElectionsElections191

​In the 'first past the post' system of voting for local government elections established by section 4.74 and Schedule 4.1 of the Act, a formal vote is one on which the elector has placed a tick in the box next to the name of the candidate or candidates (where there is more than one vacancy to be filled) to be elected, in accordance with regulations 34 and 35 of the Local Government (Elections) Regulations 1997.

If the elector ticks more boxes than vacancies the vote will be invalid. However, if an elector ticks fewer boxes than vacancies the vote will be valid.

Under section 4.75 of the Act, the Returning Officer for each local government has the power to accept such votes, and votes in which marks other than a tick have been used, if the voter’s intention is clear. Where there is a question regarding the clarity of a vote, the Returning Officer makes the final decision and advises the scrutineers of that decision. An informal vote will be marked 'rejected' by the Returning Officer and kept separate from the rest of the count for future reference in the event of anyone lodging a complaint against the result of the election.

LGA s4.69; s4.74; s4.75; Sch 4.1; LG(E)R r34, 35
No
  

Under section 4.70 of the Act, the presiding officer of a local govenrment polling place is responsible for ensuring the orderly conduct of the election within the polling place.

A scrutineer or another person will usually be permitted to recycle 'how to vote' cards from within the polling place but permission to do so should be sought from the presiding officer.

LGA s4.70
Yes
62
ElectionsElections192

​Under section 4.70 of the Act, the presiding officer of a local govenrment polling place is responsible for ensuring the orderly conduct of the election within the polling place.

A scrutineer or another person will usually be permitted to recycle 'how to vote' cards from within the polling place but permission to do so should be sought from the presiding officer.

LGA s4.70
No
  

Under section 4.68(2) of the Act, in local governments conducting postal elections, a ballot paper can be completed and posted by an elector at any time after the voting papers have been issued to that elector, in accordance with any instructions on the voting papers themselves as required by regulation 48 of the Local Government (Elections) Regulations 1997.

The vote can only be accepted if it is received by an electoral officer no later than 6.00pm on election day.

LGA s4.68(2); s4.71(1)(d); LG(E)R r48
Yes
63
ElectionsElections193

​Under section 4.68(2) of the Act, in local governments conducting postal elections, a ballot paper can be completed and posted by an elector at any time after the voting papers have been issued to that elector, in accordance with any instructions on the voting papers themselves as required by regulation 48 of the Local Government (Elections) Regulations 1997.

The vote can only be accepted if it is received by an electoral officer no later than 6.00pm on election day.

LGA s4.68(2); s4.71(1)(d); LG(E)R r48
No
  

Yes. Under regulation 45 of the Local Government (Elections) Regulations 1997, if an elector in a local government with a postal election claims that his or her voting package was not received, that the package received did not contain a voting paper, or that the voting paper received had been subsequently lost, spoilt or destroyed, replacement voting papers can be issued.

An 'Application for Replacement Postal Voting Papers', as prescribed by Form 15 of the Elections Regulations, is available from the relevant local government's Returning Officer or the Western Australian Electoral Commission.

Significant penalties apply to fraudulent claims.

LGA s4.71(1)(c); LG(E)R r45; Sch1 Form 15
Yes
64
ElectionsElections194

​Yes. Under regulation 45 of the Local Government (Elections) Regulations 1997, if an elector in a local government with a postal election claims that his or her voting package was not received, that the package received did not contain a voting paper, or that the voting paper received had been subsequently lost, spoilt or destroyed, replacement voting papers can be issued.

An 'Application for Replacement Postal Voting Papers', as prescribed by Form 15 of the Elections Regulations, is available from the relevant local government's Returning Officer or the Western Australian Electoral Commission.

Significant penalties apply to fraudulent claims.

LGA s4.71(1)(c); LG(E)R r45; Sch1 Form 15
No
  

Under regulation 43 of the Local Government (Elections) Regulations 1997, where local governments choose to conduct postal elections, the voting packages sent to each elector will contain:

  • information with postal voting instructions;
  • profiles of the candidates;
  • information that the electoral gifts register is available for inspection by any voter prior to the election at the relevant local government's offices;
  • ballot papers for any election relevant to the ward or district;
  • envelopes for any supplied ballot papers with electors' certificates; and
  • a postage paid addressed envelope for return of any supplied ballot papers.
LGA s4.71(1)(c) and (d); LG(E)R r43, 48; Sch1 Forms 10, 13(a), 13(b), 14
Yes
65
ElectionsElections195

​Under regulation 43 of the Local Government (Elections) Regulations 1997, where local governments choose to conduct postal elections, the voting packages sent to each elector will contain:

  • information with postal voting instructions;
  • profiles of the candidates;
  • information that the electoral gifts register is available for inspection by any voter prior to the election at the relevant local government's offices;
  • ballot papers for any election relevant to the ward or district;
  • envelopes for any supplied ballot papers with electors' certificates; and
  • a postage paid addressed envelope for return of any supplied ballot papers.
LGA s4.71(1)(c) and (d); LG(E)R r43, 48; Sch1 Forms 10, 13(a), 13(b), 14
No
  

Yes. Regulation 52A of the Local Government (Elections) Regulations 1997 requires that the local government's Returning Officer, when checking postal votes for a local government election, remove ballot papers from their envelopes without inspecting them, or allowing their inspection by others, and place them in a sealed ballot box where they must remain until 6.00pm on election day.

Under current procedures used by the Western Australian Electoral Commission, each ballot paper envelope has a removable attachment - the elector certificate, with a bar code which identifies the elector. This is scanned to record the fact that the elector has voted, and then separated from the voting papers so that absolute security and privacy is guaranteed.

LGA s4.71(1)(d); LG(E)R r52A
Yes
66
ElectionsElections196

Yes. Regulation 52A of the Local Government (Elections) Regulations 1997 requires that the local government's Returning Officer, when checking postal votes for a local government election, remove ballot papers from their envelopes without inspecting them, or allowing their inspection by others, and place them in a sealed ballot box where they must remain until 6.00pm on election day.

Under current procedures used by the Western Australian Electoral Commission, each ballot paper envelope has a removable attachment - the elector certificate, with a bar code which identifies the elector. This is scanned to record the fact that the elector has voted, and then separated from the voting papers so that absolute security and privacy is guaranteed.

LGA s4.71(1)(d); LG(E)R r52A
No
  

For 'voting in person' elections, only the declaration or certification on each returned envelope of voting papers received before polling day is checked before the count of votes. The ballot paper itself is not removed from the sealed envelope.

For postal elections, ballot papers which are checked early are removed uninspected from the envelope and placed in a sealed ballot box.

Scrutineers are entitled to be present and observe when checking of absent and postal votes occurs and should check with the Returning Officer for details of times.

LGA s4.71(1)(d) and (e); LG(E)R r51, 52, 52A, 58
Yes
67
ElectionsElections197

​For 'voting in person' elections, only the declaration or certification on each returned envelope of voting papers received before polling day is checked before the count of votes. The ballot paper itself is not removed from the sealed envelope.

For postal elections, ballot papers which are checked early are removed uninspected from the envelope and placed in a sealed ballot box.

Scrutineers are entitled to be present and observe when checking of absent and postal votes occurs and should check with the Returning Officer for details of times.

LGA s4.71(1)(d) and (e); LG(E)R r51, 52, 52A, 58
No
  

Yes. Under regulations 51 and 52 of the Local Government (Elections) Regulations 1997, the checking of the electors’ certificates, but not the ballot papers, may commence before the count. Under regulation 71 of the Elections Regulations, scrutineers may observe the conduct of these procedures.

LGA s4.71(1)(d) and (j); LG(E)R r51, 52, 71
Yes
68
ElectionsElections198

​Yes. Under regulations 51 and 52 of the Local Government (Elections) Regulations 1997, the checking of the electors’ certificates, but not the ballot papers, may commence before the count. Under regulation 71 of the Elections Regulations, scrutineers may observe the conduct of these procedures.

LGA s4.71(1)(d) and (j); LG(E)R r51, 52, 71
No
  

No. While sections 4.85 and 4.91 of the Act generally prohibit interference with, or impersonation of, an elector, section 4.92 and regulation 49 of the Local Government (Elections) Regulations 1997 specifically prohibit candidates or their representatives from taking possession of postal voting envelopes or interfering with electors marking their postal voting ballot papers.

LGA s4.71(1)(d); s4.85; s4.91; s4.92; LG(E)R r49
Yes
69
ElectionsElections199

​No. While sections 4.85 and 4.91 of the Act generally prohibit interference with, or impersonation of, an elector, section 4.92 and regulation 49 of the Local Government (Elections) Regulations 1997 specifically prohibit candidates or their representatives from taking possession of postal voting envelopes or interfering with electors marking their postal voting ballot papers.

LGA s4.71(1)(d); s4.85; s4.91; s4.92; LG(E)R r49
No
  

No. Regulation 52A of the Local Government (Elections) Regulations 1997 prevents any person from examining ballot papers for a local government election when they are removed from postal voting packages prior to 6.00pm on election day. Section 4.92 of the Act specifically prohibits candidates or their representatives from taking possession of postal voting envelopes at any time.

LGA s4.71(1)(d); s4.92; LG(E)R r52A
Yes
70
ElectionsElections200

​No. Regulation 52A of the Local Government (Elections) Regulations 1997 prevents any person from examining ballot papers for a local government election when they are removed from postal voting packages prior to 6.00pm on election day. Section 4.92 of the Act specifically prohibits candidates or their representatives from taking possession of postal voting envelopes at any time.

LGA s4.71(1)(d); s4.92; LG(E)R r52A
No
  

For 'voting in person' elections, if an elector arrives at a polling place and finds that his or her name is not on the local government's electoral roll, the elector should approach the presiding officer who may, in certain circumstances, issue a provisional vote to the elector.

For postal elections, the elector may apply to the Returning Officer following the mail out of postal vote packages, until 6.00pm on election day, for a provisional vote.

LGA s4.71(1)(f); LG(E)R r61(1), 62
Yes
71
ElectionsElections201

​For 'voting in person' elections, if an elector arrives at a polling place and finds that his or her name is not on the local government's electoral roll, the elector should approach the presiding officer who may, in certain circumstances, issue a provisional vote to the elector.

For postal elections, the elector may apply to the Returning Officer following the mail out of postal vote packages, until 6.00pm on election day, for a provisional vote.

LGA s4.71(1)(f); LG(E)R r61(1), 62
No
  

There may be a number of reasons why an elector is unable to cast his or her vote personally and in secret. Assistance can be given by the presiding officer, an electoral officer authorised by the presiding officer or another person nominated by the elector.

A candidate, scrutineer or anyone authorised to act on behalf of the candidate is not able to assist an elector to cast a vote.

LGA s4.71(1)(g) and (i); LG(E)R r67
Yes
72
ElectionsElections202

​There may be a number of reasons why an elector is unable to cast his or her vote personally and in secret. Assistance can be given by the presiding officer, an electoral officer authorised by the presiding officer or another person nominated by the elector.

A candidate, scrutineer or anyone authorised to act on behalf of the candidate is not able to assist an elector to cast a vote.

LGA s4.71(1)(g) and (i); LG(E)R r67
No
  

A scrutineer in a local government election is someone appointed by a candidate to observe the conduct of an election at a polling place.

The Department's Returning Officer Manual for the conduct of 'voting in person' elections, available from the Department's website, includes a comprehensive guide on the rights and responsibilities of scrutineers in local government elections.

LGA s4.71(1)(j); LG(E)R r69
Yes
73
ElectionsElections203

​A scrutineer in a local government election is someone appointed by a candidate to observe the conduct of an election at a polling place.

The Department's Returning Officer Manual for the conduct of 'voting in person' elections, available from the Department's website, includes a comprehensive guide on the rights and responsibilities of scrutineers in local government elections.

LGA s4.71(1)(j); LG(E)R r69
No
  

Any person over the age of 18 may be appointed as a scrutineer. Scrutineers do not have to be electors or Australian citizens.

LGA s4.71(1)(j); LG(E)R r69
Yes
74
ElectionsElections204

​Any person over the age of 18 may be appointed as a scrutineer. Scrutineers do not have to be electors or Australian citizens.

LGA s4.71(1)(j); LG(E)R r69
No
  

No. Regulation 69 of the Local Government (Elections) Regulations 1997 specifically prevents a candidate from being a scrutineer, either on his or her own behalf or for another person at the election.

LGA s4.71(1)(j); LG(E)R r69
Yes
75
ElectionsElections205

​No. Regulation 69 of the Local Government (Elections) Regulations 1997 specifically prevents a candidate from being a scrutineer, either on his or her own behalf or for another person at the election.

LGA s4.71(1)(j); LG(E)R r69
No
  

A scrutineer in a local government election is able to:

  • attend any polling place mentioned in his or her notice of appointment;
  • observe checking of absent and postal votes;
  • be present when postal ballot papers are being prepared for counting but only at a distance sufficient to ensure that the actual ballot paper markings are not able to be seen; and
  • be present when ballot boxes are opened and votes counted.
LGA s4.71(1)(j); LG(E)R r69, 71; Sch 1 Form 18
Yes
76
ElectionsElections206

​A scrutineer in a local government election is able to:

  • attend any polling place mentioned in his or her notice of appointment;
  • observe checking of absent and postal votes;
  • be present when postal ballot papers are being prepared for counting but only at a distance sufficient to ensure that the actual ballot paper markings are not able to be seen; and
  • be present when ballot boxes are opened and votes counted.
LGA s4.71(1)(j); LG(E)R r69, 71; Sch 1 Form 18
No
  

No, but only one person per candidate can act as a scrutineer in a local government polling place at any time. However, the Returning Officer may allow more scrutineers to be present at the count of votes depending on the number of counting tables in use. Others can be in the 'audience' during a count.

LGA s4.71(1)(j); LG(E)R r69, 72; Sch 1 Form 18
Yes
77
ElectionsElections207

​No, but only one person per candidate can act as a scrutineer in a local government polling place at any time. However, the Returning Officer may allow more scrutineers to be present at the count of votes depending on the number of counting tables in use. Others can be in the 'audience' during a count.

LGA s4.71(1)(j); LG(E)R r69, 72; Sch 1 Form 18
No
  

Candidates wishing to appoint scrutineers for local government elections should complete an 'Appointment of Scrutineer' form as prescribed in Form 18 of the Local Government (Elections) Regulations 1997, available from the Returning Officer of the relevant local government, and state the polling place at which the scrutineer will act.

Scrutineers can be appointed at any time, including election day.

LGA s4.71(1)(j); LG(E)R r69; Sch 1 Form 18
Yes
78
ElectionsElections208

​Candidates wishing to appoint scrutineers for local government elections should complete an 'Appointment of Scrutineer' form as prescribed in Form 18 of the Local Government (Elections) Regulations 1997, available from the Returning Officer of the relevant local government, and state the polling place at which the scrutineer will act.

Scrutineers can be appointed at any time, including election day.

LGA s4.71(1)(j); LG(E)R r69; Sch 1 Form 18
No
  

One scrutineer for each candidate is permitted to be within a polling place for a local government election.

LGA s4.71(1)(j); LG(E)R r72
Yes
79
ElectionsElections209

​One scrutineer for each candidate is permitted to be within a polling place for a local government election.

LGA s4.71(1)(j); LG(E)R r72
No
  

No. Regulation 72 of the Local Government (Elections) Regulations 1997 specifically prevents a scrutineer in a local government polling place from recording the name of, or any other information about, a person in a polling place who wishes to vote.

LGA s4.71(1)(j); LG(E)R r72
Yes
80
ElectionsElections210

​No. Regulation 72 of the Local Government (Elections) Regulations 1997 specifically prevents a scrutineer in a local government polling place from recording the name of, or any other information about, a person in a polling place who wishes to vote.

LGA s4.71(1)(j); LG(E)R r72
No
  

A scrutineer must:

  • wear identification as a scrutineer;
  • have a copy of his or her appointment form at all times and produce it if requested by a presiding officer at a polling place; and
  • comply with all directions given by the Returning Officer and all reasonable requests by an electoral officer.

A scrutineer must not:

  • enter a polling place if another scrutineer appointed by the same candidate is already there (unless one is in the polling place just to cast a vote);
  • take part in the conduct of an election; or
  • while in, or within six metres of, a polling place:
  • canvass for votes;
  • solicit the vote of an elector;
  • induce an elector to vote for a particular candidate;
  • induce an elector not to vote at the election; or
  • record the name of a person who attends a polling place to vote or record any information given by a person to an electoral officer in order to receive a ballot paper.
LGA s4.71(1)(j); LG(E)R r72
Yes
81
ElectionsElections211

​A scrutineer must:

  • wear identification as a scrutineer;
  • have a copy of his or her appointment form at all times and produce it if requested by a presiding officer at a polling place; and
  • comply with all directions given by the Returning Officer and all reasonable requests by an electoral officer.

A scrutineer must not:

  • enter a polling place if another scrutineer appointed by the same candidate is already there (unless one is in the polling place just to cast a vote);
  • take part in the conduct of an election; or
  • while in, or within six metres of, a polling place:
  • canvass for votes;
  • solicit the vote of an elector;
  • induce an elector to vote for a particular candidate;
  • induce an elector not to vote at the election; or
  • record the name of a person who attends a polling place to vote or record any information given by a person to an electoral officer in order to receive a ballot paper.
LGA s4.71(1)(j); LG(E)R r72
No
  

No. Only electoral staff may handle the ballot papers for a local government election. A scrutineer is not to take any part in the conduct of the election.

LGA s4.71(1)(j); LG(E)R r72(b)
Yes
82
ElectionsElections212

No. Only electoral staff may handle the ballot papers for a local government election. A scrutineer is not to take any part in the conduct of the election.

LGA s4.71(1)(j); LG(E)R r72(b)
No
  

Only electoral staff and official scrutineers are permitted in the vote counting area for a local government election. The number of scrutineers in the count area at any one time is determined by the Returning Officer. Usually only one scrutineer per candidate can be present at the count but the Returning Officer may permit one scrutineer per candidate for each counting table.

LGA s4.71(1)(j); s4.72; LG(E)R r71
Yes
83
ElectionsElections213

Only electoral staff and official scrutineers are permitted in the vote counting area for a local government election. The number of scrutineers in the count area at any one time is determined by the Returning Officer. Usually only one scrutineer per candidate can be present at the count but the Returning Officer may permit one scrutineer per candidate for each counting table.

LGA s4.71(1)(j); s4.72; LG(E)R r71
No
  

Yes. If proceedings on an election day need to be interrupted, the local government's Returning Officer would announce an adjournment of the poll to the scrutineers and electoral officers, and would similarly announce arrangements for the continuation of the poll and the counting of votes.

He or she would also be required, in the presence of the scrutineers and electoral officers, to ensure and demonstrate that the voting papers and all records of the count were kept secure during the adjournment.

LGA s4.71(1)(k); LG(E)R r73, 74, 75
Yes
84
ElectionsElections214

Yes. If proceedings on an election day need to be interrupted, the local government's Returning Officer would announce an adjournment of the poll to the scrutineers and electoral officers, and would similarly announce arrangements for the continuation of the poll and the counting of votes.

He or she would also be required, in the presence of the scrutineers and electoral officers, to ensure and demonstrate that the voting papers and all records of the count were kept secure during the adjournment.

LGA s4.71(1)(k); LG(E)R r73, 74, 75
No
  

The votes for a local government election will be counted in a room selected by the local government's Returning Officer. This is usually in the local government's offices and may be in a hall or the Council Chamber itself.

Where local governments have engaged the Western Australian Electoral Commission to conduct their elections, and the Returning Officers for those elections have been appointed by the WAEC, a central location may be used for the conduct of the counts or partial conduct of the counts by arrangement with the relevant local governments.

This may be in conjunction with other local government election counts.

LGA s4.72
Yes
85
ElectionsElections215

​The votes for a local government election will be counted in a room selected by the local government's Returning Officer. This is usually in the local government's offices and may be in a hall or the Council Chamber itself.

Where local governments have engaged the Western Australian Electoral Commission to conduct their elections, and the Returning Officers for those elections have been appointed by the WAEC, a central location may be used for the conduct of the counts or partial conduct of the counts by arrangement with the relevant local governments.

This may be in conjunction with other local government election counts.

LGA s4.72
No
  

Any person can attend the vote counting place for a local government election to observe the count but there are restrictions on who can be in the area where the count is to take place.

LGA s4.72
Yes
86
ElectionsElections216

Any person can attend the vote counting place for a local government election to observe the count but there are restrictions on who can be in the area where the count is to take place.

LGA s4.72
No
  

The set up of a vote counting place for local government elections varies from one local government to another. The Returning Officer makes these decisions depending on the size of the local government, the available venue and the level of interest.

LGA s4.72
Yes
87
ElectionsElections217

​The set up of a vote counting place for local government elections varies from one local government to another. The Returning Officer makes these decisions depending on the size of the local government, the available venue and the level of interest.

LGA s4.72
No
  

Yes. The procedures established by section 4.74 and Schedule 4.1 of the Act allow for votes in local government elections to be counted using either electronic or manual methods.

LGA s4.74; Sch 4.1
Yes
88
ElectionsElections218

​Yes. The procedures established by section 4.74 and Schedule 4.1 of the Act allow for votes in local government elections to be counted using either electronic or manual methods.

LGA s4.74; Sch 4.1
No
  

Section 4.74 and Schedule 4.1 of the Act establish the 'first past the post' system of voting for local government elections, while section 4.78 and Schedule 4.2 establish the procedures for determining the order of retirement for successful candidates.

Both Schedules 4.1 and 4.2 require that, where votes are tired for two or more candidates or councillors, lots must be drawn, in accordance with regulations 77A and 80A of the Local Government (Elections) Regulations 1997) to determine the successful candidate(s) or to determine the order of retirement for the successful candidates (if the vacant positions to be filled on council are for terms of different length).

Those whose names are drawn first are then the first to be declared elected to any vacant positions, or given the longer of any available terms of office.

LGA s4.74, s4.78; Sch 4.1; Sch 4.2; LG(E)R r77A, 80A
Yes
89
ElectionsElections219

​Section 4.74 and Schedule 4.1 of the Act establish the 'first past the post' system of voting for local government elections, while section 4.78 and Schedule 4.2 establish the procedures for determining the order of retirement for successful candidates.

Both Schedules 4.1 and 4.2 require that, where votes are tired for two or more candidates or councillors, lots must be drawn, in accordance with regulations 77A and 80A of the Local Government (Elections) Regulations 1997) to determine the successful candidate(s) or to determine the order of retirement for the successful candidates (if the vacant positions to be filled on council are for terms of different length).

Those whose names are drawn first are then the first to be declared elected to any vacant positions, or given the longer of any available terms of office.

LGA s4.74, s4.78; Sch 4.1; Sch 4.2; LG(E)R r77A, 80A
No
  

In general, yes. In some isolated areas it may not be possible to get all the ballot papers for a local government election to the vote counting place on the night of the election. The local government's Returning Officer will declare the successful candidates and their terms of office as soon as possible after the count is completed.

In some cases, particularly where the count is very close, the Returning Officer may determine that the electoral staff need to recount and that this should commence the next day. In this case, the count is adjourned and the Returning Officer will advise the scrutineers and candidates when it will recommence.

LGA s4.77
Yes
90
ElectionsElections220

​In general, yes. In some isolated areas it may not be possible to get all the ballot papers for a local government election to the vote counting place on the night of the election. The local government's Returning Officer will declare the successful candidates and their terms of office as soon as possible after the count is completed.

In some cases, particularly where the count is very close, the Returning Officer may determine that the electoral staff need to recount and that this should commence the next day. In this case, the count is adjourned and the Returning Officer will advise the scrutineers and candidates when it will recommence.

LGA s4.77
No
  

In an ordinary local government election, if there is more than one vacancy in a ward, or in the case of local governments that do not have wards, the candidate(s) declared elected first by the local government's Returning Officer will receive the longest term(s) and so on until terms of office have been determined for all persons elected.

If there is an extraordinary vacancy being filled in the same election with a shorter term of office (two years instead of four, for example) then the candidate who is declared elected first by the Returning Officer will fill the four year term and the candidate who is declared elected second will fill the shorter term.

If it is necessary to determine the order of retirement between councillors representing different wards, and two or more councillors have an equal percentage of the votes cast, the Returning Officer will draw lots to determine the order of retirement.

LGA s4.78; Sch 4.2
Yes
91
ElectionsElections221

​In an ordinary local government election, if there is more than one vacancy in a ward, or in the case of local governments that do not have wards, the candidate(s) declared elected first by the local government's Returning Officer will receive the longest term(s) and so on until terms of office have been determined for all persons elected.

If there is an extraordinary vacancy being filled in the same election with a shorter term of office (two years instead of four, for example) then the candidate who is declared elected first by the Returning Officer will fill the four year term and the candidate who is declared elected second will fill the shorter term.

If it is necessary to determine the order of retirement between councillors representing different wards, and two or more councillors have an equal percentage of the votes cast, the Returning Officer will draw lots to determine the order of retirement.

LGA s4.78; Sch 4.2
No
  

Yes. Under sections 4.80 to 4.82 of the Act, and regulations 84 to 87 of the Local Government (Elections) Regulations 1997, any person can make a complaint of invalidity to a Court of Disputed Returns. This needs to be made in writing within 28-days of the election result being declared. A magistrate who will make a determination hears the complaint. There is no appeal from a decision made by a Court of Disputed Returns.

LGA s4.80; s4.81; s4.82; LG(E)R r84, 85, 86, 87
Yes
92
ElectionsElections222

Yes. Under sections 4.80 to 4.82 of the Act, and regulations 84 to 87 of the Local Government (Elections) Regulations 1997, any person can make a complaint of invalidity to a Court of Disputed Returns. This needs to be made in writing within 28-days of the election result being declared. A magistrate who will make a determination hears the complaint. There is no appeal from a decision made by a Court of Disputed Returns.

LGA s4.80; s4.81; s4.82; LG(E)R r84, 85, 86, 87
No
  

Not necessarily. Under section 4.83 of the Act, a local government election is not invalidated because of a minor omission or error that does not impact on the actual election result.

LGA s4.83
Yes
93
ElectionsElections223

​Not necessarily. Under section 4.83 of the Act, a local government election is not invalidated because of a minor omission or error that does not impact on the actual election result.

LGA s4.83

No
  

No. At the completion of the election, all material related to the election such as ballot papers, declarations, and marked electoral rolls are parceled, signed and sealed by the Returning Officer and kept by the local government for at least four years. If the election result is disputed in court or if there is an official inquiry into the election, then the papers may be examined by the court or the inquiry agency.

LGA s4.84; LG(E)R r82, 83
Yes
94
ElectionsElections224

​No. At the completion of the election, all material related to the election such as ballot papers, declarations, and marked electoral rolls are parceled, signed and sealed by the Returning Officer and kept by the local government for at least four years. If the election result is disputed in court or if there is an official inquiry into the election, then the papers may be examined by the court or the inquiry agency.

LGA s4.84; LG(E)R r82, 83
No
  

Yes. Sections 4.85 to 4.94 of the Act specify a number of electoral offences for local government elections, varying in seriousness and penalty. These range from bribery to distribution of unauthorised electoral material and failure to disclose donations or other electoral gifts.

LGA s4.85; s4.86; s4.87; s4.88; s4.89; s4.90; s4.91; s4.92; s4.93; s4.94
Yes
95
ElectionsElections225

​Yes. Sections 4.85 to 4.94 of the Act specify a number of electoral offences for local government elections, varying in seriousness and penalty. These range from bribery to distribution of unauthorised electoral material and failure to disclose donations or other electoral gifts.

LGA s4.85; s4.86; s4.87; s4.88; s4.89; s4.90; s4.91; s4.92; s4.93; s4.94
No
  

All electoral material for a local government election must bear the name and address (not a post box number) of the person authorising it, at the end of the material. Where it has been printed or published (other than in a newspaper) it must also have the name and business address of the printer.

This provision also applies to photocopying of electoral material. Although there are no specific requirements regarding electronic advertising, it would be prudent for candidates to comply with the general requirements.

LGA s4.87
Yes
96
ElectionsElections226

​All electoral material for a local government election must bear the name and address (not a post box number) of the person authorising it, at the end of the material. Where it has been printed or published (other than in a newspaper) it must also have the name and business address of the printer.

This provision also applies to photocopying of electoral material. Although there are no specific requirements regarding electronic advertising, it would be prudent for candidates to comply with the general requirements.

LGA s4.87
No
  

The same rules of authorisation applying to any election advertisement under section 4.87 of the Act also apply to signs.

LGA s4.87
Yes
97
ElectionsElections227

​The same rules of authorisation applying to any election advertisement under section 4.87 of the Act also apply to signs.

LGA s4.87
No
  

No. The regulation regarding authorisation and printer details does not apply to car stickers, clothing, badges, pencils, pens, balloons and other promotional material. It also does not apply to a newspaper advertisment announcing the holding of a meeting.

LGA s4.87; LG(E)R r 78
Yes
98
ElectionsElections228

​No. The regulation regarding authorisation and printer details does not apply to car stickers, clothing, badges, pencils, pens, balloons and other promotional material. It also does not apply to a newspaper advertisment announcing the holding of a meeting.

LGA s4.87; LG(E)R r 78
No
  

The allowable locations for local government election signage may vary from one local government to another. Local governments may have different local laws regarding elections signs. The Chief Executive Officer of the local government will be able to clarify any local rules which apply in the district. Also, no canvassing is permitted in a polling place or within 6 metres of the entrance to a polling place on polling day.

LGA s4.87; s4.89
Yes
99
ElectionsElections229

​The allowable locations for local government election signage may vary from one local government to another. Local governments may have different local laws regarding elections signs. The Chief Executive Officer of the local government will be able to clarify any local rules which apply in the district. Also, no canvassing is permitted in a polling place or within 6 metres of the entrance to a polling place on polling day.

LGA s4.87; s4.89
No
  

No canvassing for votes or electioneering is to take place within six metres of the entrance to a polling place for a local government election. Usually the presiding officer will mark or indicate a line for this purpose. The presiding officer can reduce the exclusion zone in certain circumstances.

LGA s4.89
Yes
100
ElectionsElections230

No canvassing for votes or electioneering is to take place within six metres of the entrance to a polling place for a local government election. Usually the presiding officer will mark or indicate a line for this purpose. The presiding officer can reduce the exclusion zone in certain circumstances.

LGA s4.89
No
  

Electors can take 'how to vote' cards into the polling place to assist them, but clothing or badges promoting candidates cannot be worn in the polling place.

LGA s4.89
Yes
101
ElectionsElections231

​Electors can take 'how to vote' cards into the polling place to assist them, but clothing or badges promoting candidates cannot be worn in the polling place.

LGA s4.89

No
  

Yes. Under section 4.93 of the Act, local government voting is conducted in secret with very severe penalties for anyone who breaches the privacy of an elector.

LGA s4.93; LG(E)R r49, 65, 66
Yes
102
ElectionsElections232

​Yes. Under section 4.93 of the Act, local government voting is conducted in secret with very severe penalties for anyone who breaches the privacy of an elector.

LGA s4.93; LG(E)R r49, 65, 66
No
  

Any person can make a complaint about a possible electoral offence in a local government election. Complaints should be directed to the local government's Returning Officer or the Western Australian Electoral Commissioner. Under section 4.96 of the Act, the Electoral Commissioner may also institute an inquiry into a possible electoral offence. Depending on the outcome of that investigation a prosecution may be commenced.

LGA s4.96
Yes
103
ElectionsElections233

​Any person can make a complaint about a possible electoral offence in a local government election. Complaints should be directed to the local government's Returning Officer or the Western Australian Electoral Commissioner. Under section 4.96 of the Act, the Electoral Commissioner may also institute an inquiry into a possible electoral offence. Depending on the outcome of that investigation a prosecution may be commenced.

LGA s4.96
No
  

Section 4.97 of the Act provides for prosecutions to be initiated against anyone alleged to have committed an electoral offence in a local government election. Some offences under the Act carry sufficient penalties to be defined as serious local government offences, and may therefore result in convicted persons being disqualified from holding or seeking office under section 2.22 of the Act.

LGA s4.97
Yes
104
ElectionsElections234

​Section 4.97 of the Act provides for prosecutions to be initiated against anyone alleged to have committed an electoral offence in a local government election. Some offences under the Act carry sufficient penalties to be defined as serious local government offences, and may therefore result in convicted persons being disqualified from holding or seeking office under section 2.22 of the Act.

LGA s4.97
No
  
Yes. The Act establishes that a person is not to be employed in the position of CEO unless the council believes that the person is suitably qualified for the position, therefore the appointment of a person to act in that position must be a decision of the council. A person appointed to act in the position of CEO is being employed in that position with all its functions and delegated authority.

This can be via a policy document that details who steps into the role, or by resolution of council each time the CEO goes on leave.

LGA s5.36; AR r18A
Yes
1
Employment matters, Chief Executive Officer, DelegationsEmployment matters, Chief Executive Officer, Delegations235

​Yes. The Act establishes that a person is not to be employed in the position of CEO unless the council believes that the person is suitably qualified for the position, therefore the appointment of a person to act in that position must be a decision of the council. A person appointed to act in the position of CEO is being employed in that position with all its functions and delegated authority.

This can be via a policy document that details who steps into the role, or by resolution of council each time the CEO goes on leave.

LGA s5.36; AR r18A

No
  
The process to be followed to appoint an Acting CEO, or designated senior employee, is similar to that required to fill the position permanently, other than two specific exemptions. 

One exemption applies where a CEO or senior employee already employed by another local government is to fill the position on a part-time job-share basis. The other exemption is where the position is to be filled by someone acting in the position for a period of no more than 12 months.

The requirements including the exemptions are detailed in AR r18A.

LGA s5.36; AR r18A(1)(a); s5.37(3)
Yes
2
Employment matters, Chief Executive Officer, DelegationsEmployment matters, Chief Executive Officer, Delegations236

​The process to be followed to appoint an Acting CEO, or designated senior employee, is similar to that required to fill the position permanently, other than two specific exemptions.

One exemption applies where a CEO or senior employee already employed by another local government is to fill the position on a part-time job-share basis. The other exemption is where the position is to be filled by someone acting in the position for a period of no more than 12 months.

The requirements including the exemptions are detailed in AR r18A.

LGA s5.36; AR r18A(1)(a); s5.37(3)

No
  
Section 5.37(2) of the Act states that the CEO must inform the council of any proposal to employ or dismiss a designated senior employee. The council can then accept or reject the CEO’s recommendation, but if it rejects the recommendation it must give reasons. It is then up to the CEO to assess the reasons given and decide what action to take.

Section 5.36(3) requires that the CEO be satisfied that other employees are suitably qualified for their positions, while section 5.41(g) gives authority to the CEO to supervise all other employees, including designated senior employees. It is therefore beyond the power of the council to reject the CEO’s recommendation to employ or dismiss a designated senior employee for the reasons of qualification or performance, as the Act gives these functions to the CEO.

The council is therefore limited to certain principles, which are listed in section 5.40, when giving reasons for rejecting a recommendation of the CEO on these matters.

The requirement to inform the council does not apply to the renewal of a senior employee’s contract, as renewal is not a ‘proposal to employ or dismiss’ referred to in section 5.37(2).

LGA s5.37; s5.36(3); s5.40; s5.41(g)
Yes
3
Employment matters, Chief Executive Officer, DelegationsEmployment matters, Chief Executive Officer, Delegations237

​Section 5.37(2) of the Act states that the CEO must inform the council of any proposal to employ or dismiss a designated senior employee. The council can then accept or reject the CEO’s recommendation, but if it rejects the recommendation it must give reasons. It is then up to the CEO to assess the reasons given and decide what action to take.

Section 5.36(3) requires that the CEO be satisfied that other employees are suitably qualified for their positions, while section 5.41(g) gives authority to the CEO to supervise all other employees, including designated senior employees. It is therefore beyond the power of the council to reject the CEO’s recommendation to employ or dismiss a designated senior employee for the reasons of qualification or performance, as the Act gives these functions to the CEO.

The council is therefore limited to certain principles, which are listed in section 5.40, when giving reasons for rejecting a recommendation of the CEO on these matters.

The requirement to inform the council does not apply to the renewal of a senior employee’s contract, as renewal is not a ‘proposal to employ or dismiss’ referred to in section 5.37(2).

LGA s5.37; s5.36(3); s5.40; s5.41(g)

No
  
Section 5.38 of the Act requires that an annual performance review be conducted for each person who is employed by a local government for a term of more than a year.

This includes all employees, regardless of position and regardless of whether they are employed under an award, contract or any other arrangement. Even if they are employed under an award with no fixed term of employment, the need for a performance review will be triggered as they complete, or near completion of, a year of service.

Regulation 18D of the Local Government (Administration) Regulations 1996 further requires that the CEO’s performance review be considered by the council for a decision on whether to accept or reject it.

LGA s5.38; AR r18D
Yes
4
Employment matters, Chief Executive Officer, DelegationsEmployment matters, Chief Executive Officer, Delegations238

​Section 5.38 of the Act requires that an annual performance review be conducted for each person who is employed by a local government for a term of more than a year.

This includes all employees, regardless of position and regardless of whether they are employed under an award, contract or any other arrangement. Even if they are employed under an award with no fixed term of employment, the need for a performance review will be triggered as they complete, or near completion of, a year of service.

Regulation 18D of the Local Government (Administration) Regulations 1996 further requires that the CEO’s performance review be considered by the council for a decision on whether to accept or reject it.

LGA s5.38; AR r18D

No
  
The CEO is employed by the local government under section 5.36. The council represents the local government as the employer of the CEO and is therefore responsible for undertaking the CEO’s performance review.

However, section 5.41(g) of the Act gives the CEO responsibility for the ‘employment, management, supervision, direction and dismissal’ of all other employees. This includes employee performance reviews, and how the CEO conducts those reviews and who is involved is for the CEO to determine. Council members can’t demand to be involved.

LGA s5.41(g)
Yes
5
Employment matters, Chief Executive Officer, DelegationsEmployment matters, Chief Executive Officer, Delegations239

​The CEO is employed by the local government under section 5.36. The council represents the local government as the employer of the CEO and is therefore responsible for undertaking the CEO’s performance review.

However, section 5.41(g) of the Act gives the CEO responsibility for the ‘employment, management, supervision, direction and dismissal’ of all other employees. This includes employee performance reviews, and how the CEO conducts those reviews and who is involved is for the CEO to determine. Council members can’t demand to be involved.

LGA s5.41(g)

No
  

Section 5.41(h) of the Local Government Act 1995 requires a CEO to ensure that records and documents are properly kept for the purposes of any written law.

The State Records Act 2000 establishes certain requirements for retaining records that local governments must comply with in terms of following the 'General Disposal Authority for Local Government Records'.

This document is available from the State Records Office website

LGA s5.41(h); State Records Act 2000 s16(3)

Yes
6
Employment matters, Chief Executive Officer, DelegationsEmployment matters, Chief Executive Officer, Delegations240

Section 5.41(h) of the Local Government Act 1995 requires a CEO to ensure that records and documents are properly kept for the purposes of any written law.

The State Records Act 2000 establishes certain requirements for retaining records that local governments must comply with in terms of following the 'General Disposal Authority for Local Government Records'.

This document is available from the State Records Office website

LGA s5.41(h); State Records Act 2000 s16(3)

No
  
Yes.  Sections 5.41(a) and (h) of the Local Government Act 1995 establish that a CEO should ensure that records and documents are properly kept for the purposes of any written law, and that council is advised of the local government’s functions and responsibilities in this regard.

The State Records Act 2000 establishes standard requirements in terms of the records that local government elected members must create and keep.  As such, the State Records Office has developed an Information Sheet to assist in identifying records which should be created by elected members and forwarded to the administration for retention.

LGA s5.41(a), (h); State Records Act 2000 s3(1); Sch 1 item 10
Yes
7
Employment matters, Chief Executive Officer, DelegationsEmployment matters, Chief Executive Officer, Delegations241

​Yes.  Sections 5.41(a) and (h) of the Local Government Act 1995 establish that a CEO should ensure that records and documents are properly kept for the purposes of any written law, and that council is advised of the local government’s functions and responsibilities in this regard.

The State Records Act 2000 establishes standard requirements in terms of the records that local government elected members must create and keep.  As such, the State Records Office has developed an Information Sheet to assist in identifying records which should be created by elected members and forwarded to the administration for retention.

LGA s5.41(a), (h); State Records Act 2000 s3(1); Sch 1 item 10

No
  
Sections 3.26(4) and (6) of the Act state that a person who receives a notice from a local government requiring something to be done on land can apply for a court order against the person they consider to be legally responsible for doing the specified work.<br /><br />The application can be for reimbursement of either:<ul><li>the cost involved in doing the specified work; or</li><li>any fine received as a result of not doing the specified work.</li><li>LGA s3.26</li></ul>
Yes
1
Executive Functions, Provisions about land, Powers of entryExecutive Functions, Provisions about land, Powers of entry242

​Sections 3.26(4) and (6) of the Act state that a person who receives a notice from a local government requiring something to be done on land can apply for a court order against the person they consider to be legally responsible for doing the specified work.<br /><br />The application can be for reimbursement of either:<ul><li>the cost involved in doing the specified work; or</li><li>any fine received as a result of not doing the specified work.</li><li>LGA s3.26</li></ul>

No
  
Yes. Regulation 33 of the Local Government (Financial Management) Regulations 1996 states that a copy of a local government’s adopted budget must be submitted to the Director General of the Department of Local Government within 30 days of the date it is adopted by the council.

LGA s6.2; FMR r33
Yes
1
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing243

​Yes. Regulation 33 of the Local Government (Financial Management) Regulations 1996 states that a copy of a local government’s adopted budget must be submitted to the Director General of the Department of Local Government within 30 days of the date it is adopted by the council.

LGA s6.2; FMR r33

No
  
Yes. The local government’s budget is based upon accrual accounting principles and Australian Accounting Standards, not cash accounting. The total anticipated depreciation on non-current assets within each program should be included, as required by regulation 27(n) of the Local Government (Financial Management) Regulations 1996.

LGA s6.2; FMR r27(n)
Yes
2
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing244

​Yes. The local government’s budget is based upon accrual accounting principles and Australian Accounting Standards, not cash accounting. The total anticipated depreciation on non-current assets within each program should be included, as required by regulation 27(n) of the Local Government (Financial Management) Regulations 1996.

LGA s6.2; FMR r27(n)

No
  
Regulation 27(d) of the Local Government (Financial Management) Regulations 1996 requires disclosures relating to the proposed disposal of assets, including the net book value, an estimate of the sale price and an estimate of profit or loss on the sale.

It isn’t intended that multiple pages of detailed information be provided for the disposal of individual assets. The intention is that the required information be disclosed separately for each class of asset only.

LGA s6.2; FMR r27(d)
Yes
3
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing245

​Regulation 27(d) of the Local Government (Financial Management) Regulations 1996 requires disclosures relating to the proposed disposal of assets, including the net book value, an estimate of the sale price and an estimate of profit or loss on the sale.

It isn’t intended that multiple pages of detailed information be provided for the disposal of individual assets. The intention is that the required information be disclosed separately for each class of asset only.

LGA s6.2; FMR r27(d)

No
  
Section 6.2 of the Act sets out the basic requirements for a local government’s budget. Further details about what to include are set out in regulations 22 to 32 of the Local Government (Financial Management) Regulations 1996.

For comparative purposes, the legislation requires the budget to have similar form and content to the annual financial statements that, in turn, must comply with Australian Accounting Standards.

LGA s6.2; FMR r22 to r32
Yes
4
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing246

​Section 6.2 of the Act sets out the basic requirements for a local government’s budget. Further details about what to include are set out in regulations 22 to 32 of the Local Government (Financial Management) Regulations 1996.

For comparative purposes, the legislation requires the budget to have similar form and content to the annual financial statements that, in turn, must comply with Australian Accounting Standards.

LGA s6.2; FMR r22 to r32

No
  
No. The current position balance brought forward may be disclosed in the rate setting statement or in the notes that form part of the budget.

LGA s6.2; FMR r22
Yes
5
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing247

​No. The current position balance brought forward may be disclosed in the rate setting statement or in the notes that form part of the budget.

LGA s6.2; FMR r22

No
  
Yes. Section 6.2(3) of the Act requires all of a local government’s income and expenditure to be detailed in its budget regardless of the legislation that empowered the income to be raised or expenditure to be incurred. Regulation 25 specifically deals with this.

LGA s6.2; FMR r25
Yes
6
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing248

​Yes. Section 6.2(3) of the Act requires all of a local government’s income and expenditure to be detailed in its budget regardless of the legislation that empowered the income to be raised or expenditure to be incurred. Regulation 25 specifically deals with this.

LGA s6.2; FMR r25

No
  
There is no legal requirement for the mayor or president or CEO of a local government to sign or certify the adopted budget. However, the budget is a legal document and may be used as evidence in a Court of Law to justify rates, charges or other matters. A copy of the budget can be certified for evidence in accordance with Part 9, Division 2 of the Act.

LGA s6.2; LGA Part 9 Division 2
Yes
7
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing249

​There is no legal requirement for the mayor or president or CEO of a local government to sign or certify the adopted budget. However, the budget is a legal document and may be used as evidence in a Court of Law to justify rates, charges or other matters. A copy of the budget can be certified for evidence in accordance with Part 9, Division 2 of the Act.

LGA s6.2; LGA Part 9 Division 2

No
  
Recommended practice is that minutes include the detail of all reports and recommendations (including those submitted from committees). This requires all material submitted to Council and used in the decision making process being included in the minutes and bound into a minute book.

“The preparation of Agendas and Minutes – A Guide for Western Australian Local Governments Version 2”

LGA s6.2; LGA Part 9 Division 2
Yes
8
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing250

​Recommended practice is that minutes include the detail of all reports and recommendations (including those submitted from committees). This requires all material submitted to Council and used in the decision making process being included in the minutes and bound into a minute book.

“The preparation of Agendas and Minutes – A Guide for Western Australian Local Governments Version 2”

LGA s6.2; LGA Part 9 Division 2

No
  
Where a local government concludes a year with a surplus or deficit current position balance, regulation 31 of the Local Government (Financial Management) Regulations 1996 requires that the balance be brought forward into the following budget. Then any deficit is paid or surplus used in accordance with the council’s decisions reflected in that new budget.

LGA s6.2; FMR r30, r31
Yes
9
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing251

​Where a local government concludes a year with a surplus or deficit current position balance, regulation 31 of the Local Government (Financial Management) Regulations 1996 requires that the balance be brought forward into the following budget. Then any deficit is paid or surplus used in accordance with the council’s decisions reflected in that new budget.

LGA s6.2; FMR r30, r31

No
  
Often there will be a difference between the balance brought forward from the previous year and the balance used in the rate setting statement. This difference will largely be attributed to items mentioned in regulation 31 of the Local Government (Financial Management) Regulations 1996 that are specifically excluded from the rate setting process each year. Examples of these are reserves being accumulated for future purposes and current assets or liabilities which, by their nature, will not be used or extinguished during the current budget year.
In addition, regulation 31 allows an estimated current position to be brought into the budget where the actual current position is unknown or cannot be verified at the time of budget adoption. In such circumstances it must be clearly disclosed that the figure used is an estimate.

(When it is necessary to use estimated figures for the end of the preceding financial year, there will be some differences between those estimates and the actual audit verified figures which will subsequently appear in the annual report for the preceding year. Consequently, regulation 36(1)(b) requires that the annual report for the budget year disclose the difference. If the difference is more than +/- 5% of the amount of general rates levied under the budget, the reason for the difference must also be disclosed.)

LGA s6.2; FMR r31, r32, r36
Yes
10
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing252

​Often there will be a difference between the balance brought forward from the previous year and the balance used in the rate setting statement. This difference will largely be attributed to items mentioned in regulation 31 of the Local Government (Financial Management) Regulations 1996 that are specifically excluded from the rate setting process each year. Examples of these are reserves being accumulated for future purposes and current assets or liabilities which, by their nature, will not be used or extinguished during the current budget year.
In addition, regulation 31 allows an estimated current position to be brought into the budget where the actual current position is unknown or cannot be verified at the time of budget adoption. In such circumstances it must be clearly disclosed that the figure used is an estimate.

(When it is necessary to use estimated figures for the end of the preceding financial year, there will be some differences between those estimates and the actual audit verified figures which will subsequently appear in the annual report for the preceding year. Consequently, regulation 36(1)(b) requires that the annual report for the budget year disclose the difference. If the difference is more than +/- 5% of the amount of general rates levied under the budget, the reason for the difference must also be disclosed.)

LGA s6.2; FMR r31, r32, r36

No
  
No. The budget adopted under section 6.2(1) of the Act is a legal document which cannot be altered once adopted by the council. However, the council can review its budget and amend budget estimates in accordance with regulation 33A, which compels a local government to review its annual budget between 1 January and 31 March in each financial year. The local government can review its budget more frequently if it chooses to. Within 30 days of a review, a copy has to be provided to the Department of Local Government.

LGA s6.2; FMR r33A
Yes
11
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing253

​No. The budget adopted under section 6.2(1) of the Act is a legal document which cannot be altered once adopted by the council. However, the council can review its budget and amend budget estimates in accordance with regulation 33A, which compels a local government to review its annual budget between 1 January and 31 March in each financial year. The local government can review its budget more frequently if it chooses to. Within 30 days of a review, a copy has to be provided to the Department of Local Government.

LGA s6.2; FMR r33A

No
  
Regulation 36 specifically allows original or amended budget estimates to be used in annual financial statements. It follows that these can also be used in monthly financial reports.

LGA 6.2; FMR r36(2)
Yes
12
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing254

​Regulation 36 specifically allows original or amended budget estimates to be used in annual financial statements. It follows that these can also be used in monthly financial reports.

LGA 6.2; FMR r36(2)

No
  
Regulation 30 of the Local Government (Financial Management) Regulations 1996 requires the budget document to compare the budget estimate with the actual income and expenditure outcomes from the previous year.

However, if the actual outcomes are unavailable, or considered to be incomplete or unreliable (at the time the budget is adopted), estimates of the 30 June figures may be used, provided the budget document discloses that the figures are estimates.

LGA 6.2; FMR r30
Yes
13
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing255

​Regulation 30 of the Local Government (Financial Management) Regulations 1996 requires the budget document to compare the budget estimate with the actual income and expenditure outcomes from the previous year.

However, if the actual outcomes are unavailable, or considered to be incomplete or unreliable (at the time the budget is adopted), estimates of the 30 June figures may be used, provided the budget document discloses that the figures are estimates.

LGA 6.2; FMR r30

No
  
Section 6.2 of the Act requires detailed estimates to be prepared but does not specify what the level of detail is. There must be some provision for expenditure on items such as hall maintenance, but the budget does not have to include separate details for every item used. However, any person preparing the budget would need some knowledge of these details in order to objectively calculate the budget estimates. That knowledge should be reflected in the budget working papers that should be available to demonstrate how the estimate was calculated.

LGA s6.2
Yes
14
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing256
Section 6.2 of the Act requires detailed estimates to be prepared but does not specify what the level of detail is. There must be some provision for expenditure on items such as hall maintenance, but the budget does not have to include separate details for every item used. However, any person preparing the budget would need some knowledge of these details in order to objectively calculate the budget estimates. That knowledge should be reflected in the budget working papers that should be available to demonstrate how the estimate was calculated.

LGA s6.2
No
  
No. They may be kept separately in the local government’s filing system. It is probable that staff will need to refer to them often during the year and, in the event of any Court action on any matter, the working papers may need to be submitted as evidence. Some working papers such as detailed salary schedules may include personal information that identifies individuals and which would not usually be published.

LGA s6.2
Yes
15
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing257

​No. They may be kept separately in the local government’s filing system. It is probable that staff will need to refer to them often during the year and, in the event of any Court action on any matter, the working papers may need to be submitted as evidence. Some working papers such as detailed salary schedules may include personal information that identifies individuals and which would not usually be published.

LGA s6.2

No
  
No. The budget does not have to specify the number of people employed or plan used. It would be normal for such information to be confined to the working papers that were used to calculate the estimates shown in the budget.

LGA s6.2
Yes
16
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing258

​No. The budget does not have to specify the number of people employed or plan used. It would be normal for such information to be confined to the working papers that were used to calculate the estimates shown in the budget.

LGA s6.2

No
  
The amount of detail shown in the budget is only expected to be meaningful and informative to an average, reasonable person.
Compliance with the legislation could be achieved by simply including totals for the important classes of road works and supporting those totals with detailed workings (held in separate files) of various jobs and expenditure estimates used to determine the totals shown in the budget. However, elected members would need to be aware of specific works included in the budget so they can identify if they have a financial or proximity interest to disclose.

LGA s6.2
Yes
17
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing259

​The amount of detail shown in the budget is only expected to be meaningful and informative to an average, reasonable person.
Compliance with the legislation could be achieved by simply including totals for the important classes of road works and supporting those totals with detailed workings (held in separate files) of various jobs and expenditure estimates used to determine the totals shown in the budget. However, elected members would need to be aware of specific works included in the budget so they can identify if they have a financial or proximity interest to disclose.

LGA s6.2

No
  
Section 6.32(1)(a) of the Act establishes that all rates are ‘general’ rates, whether they are applied ‘uniformly’ or ‘differentially’.

This means that differential rates must all be disclosed in the local government’s annual financial report, and in the detail required by regulation 39 of the Local Government (Financial Management) Regulations 1996.

LGA s6.4; FMR r39
Yes
18
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing260

​Section 6.32(1)(a) of the Act establishes that all rates are ‘general’ rates, whether they are applied ‘uniformly’ or ‘differentially’.

This means that differential rates must all be disclosed in the local government’s annual financial report, and in the detail required by regulation 39 of the Local Government (Financial Management) Regulations 1996.

LGA s6.4; FMR r39

No
  
Regulation 39(b) of the Local Government (Financial Management) Regulations 1996 requires separate totals for each class of general rate, including the number of properties subjected to a minimum payment within each class of rate. [r39(b)(iii)].

LGA s6.4; FMR r39(b)(iii)
Yes
19
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing261

​Regulation 39(b) of the Local Government (Financial Management) Regulations 1996 requires separate totals for each class of general rate, including the number of properties subjected to a minimum payment within each class of rate. [r39(b)(iii)].

LGA s6.4; FMR r39(b)(iii)

No
  
Regulation 42(1)(a) of the Local Government (Financial Management) Regulations 1996 requires that the annual financial report include details of the percentage of any discount granted, or the actual monetary value where the discount is a fixed amount rather than a percentage, and the circumstances in which the discount was granted.

The total amount of all discounts granted must also be disclosed under regulation 42(2)(a).

LGA s6.4; FMR r42(1)(a), r42(2)(a)
Yes
20
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing262

​Regulation 42(1)(a) of the Local Government (Financial Management) Regulations 1996 requires that the annual financial report include details of the percentage of any discount granted, or the actual monetary value where the discount is a fixed amount rather than a percentage, and the circumstances in which the discount was granted.

The total amount of all discounts granted must also be disclosed under regulation 42(2)(a).

LGA s6.4; FMR r42(1)(a), r42(2)(a)

No
  
No. Regulation 44(b) of the Local Government (Financial Management) Regulations 1996 requires only the collective total for each class of expenditure, such as:
  • mayor or president’s allowance;
  • travel expenses;
  • meeting attendance fees;
  • telephone reimbursements; or
  • child care expenses.
There is no requirement that the amounts paid to individuals be disclosed.

LGA s6.4; FMR r44(b)
Yes
21
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing263

​No. Regulation 44(b) of the Local Government (Financial Management) Regulations 1996 requires only the collective total for each class of expenditure, such as:

  • mayor or president’s allowance;
  • travel expenses;
  • meeting attendance fees;
  • telephone reimbursements; or
  • child care expenses.
There is no requirement that the amounts paid to individuals be disclosed.

LGA s6.4; FMR r44(b)
No
  
Yes. Under the single entity reporting principle of the Australian Accounting Standards, the operating revenue and expenses from a local government’s trading undertakings will be included within the municipal fund operating statement. However, the trading undertaking figures will not be separately identified in that document.

An income statement, balance sheet and other information required by regulation 45 must be disclosed for each trading undertaking. This ensures full accountability in relation to the performance of each undertaking.

LGA s6.4; FMR r45
Yes
22
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing264

​Yes. Under the single entity reporting principle of the Australian Accounting Standards, the operating revenue and expenses from a local government’s trading undertakings will be included within the municipal fund operating statement. However, the trading undertaking figures will not be separately identified in that document.

An income statement, balance sheet and other information required by regulation 45 must be disclosed for each trading undertaking. This ensures full accountability in relation to the performance of each undertaking.

LGA s6.4; FMR r45

No
  
There is no disclosure requirement for an operating statement for major land transactions because most transactions are likely to be of a non-operating nature.

LGA s6.4; FMR r46
Yes
23
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing265

​There is no disclosure requirement for an operating statement for major land transactions because most transactions are likely to be of a non-operating nature.

LGA s6.4; FMR r46

No
  
Regulation 47 aims to ensure disclosure of a “whole of project life” view of the project. The various annual financial reports over the years will disclose only the results of the transactions that occurred in each of those years. This regulation provides the only occasion where all transactions, from beginning to end, are disclosed to enable people to assess the overall success of the project.

LGA s6.4; FMR r47
Yes
24
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing266

​Regulation 47 aims to ensure disclosure of a “whole of project life” view of the project. The various annual financial reports over the years will disclose only the results of the transactions that occurred in each of those years. This regulation provides the only occasion where all transactions, from beginning to end, are disclosed to enable people to assess the overall success of the project.

LGA s6.4; FMR r47

No
  
It would be a statement showing the total incomes and expenditures (by nature and type classification) from the date of commencement until the date of conclusion, together with any resulting surplus or deficit and how the surplus was distributed or the deficit funded.

LGA s6.4; FMR r47
Yes
25
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing267

​It would be a statement showing the total incomes and expenditures (by nature and type classification) from the date of commencement until the date of conclusion, together with any resulting surplus or deficit and how the surplus was distributed or the deficit funded.

LGA s6.4; FMR r47

No
  
The type of information to be disclosed is shown in various locations within the financial report or is not separately identifiable because it forms part of other totals. This regulation requires a succinct summarisation of loan liability and debt service information in one location in the notes for the convenience of readers.

LGA s6.4; FMR r48(f)
Yes
26
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing268

​The type of information to be disclosed is shown in various locations within the financial report or is not separately identifiable because it forms part of other totals. This regulation requires a succinct summarisation of loan liability and debt service information in one location in the notes for the convenience of readers.

LGA s6.4; FMR r48(f)

No
  
Separate information may be provided for each reserve, but such detail is not mandatory. The regulation can be satisfied by a summary containing three figures, one each for sub clauses (a), (b) and (c).

LGA s6.4; FMR r49
Yes
27
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing269

​Separate information may be provided for each reserve, but such detail is not mandatory. The regulation can be satisfied by a summary containing three figures, one each for sub clauses (a), (b) and (c).

LGA s6.4; FMR r49

No
  
After the audit. The annual financial report is regarded as complete on the day that the auditor’s report is received.

LGA s6.4; FMR r51
Yes
28
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing270

​After the audit. The annual financial report is regarded as complete on the day that the auditor’s report is received.

LGA s6.4; FMR r51

No
  
Yes. Within 30 days of the receipt of the auditor’s report, a copy of the audited annual financial report is to be sent to the Director General of the Department of Local Government.

LGA s6.4; FMR r51
Yes
29
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing271

​Yes. Within 30 days of the receipt of the auditor’s report, a copy of the audited annual financial report is to be sent to the Director General of the Department of Local Government.

LGA s6.4; FMR r51

No
  
No. If the committee is managing the asset on behalf of the local government then any money raised through fundraising activities would belong to the local government, and section 6.7 of the Act requires that it be paid into the local government’s municipal fund.<br /><br />LGA s6.7
No
30
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing272

​No. If the committee is managing the asset on behalf of the local government then any money raised through fundraising activities would belong to the local government, and section 6.7 of the Act requires that it be paid into the local government’s municipal fund

LGA s6.7

No
  
Yes. Regulation 33 of the Local Government (Financial Management) Regulations 1996 states that a copy of a local government’s adopted budget must be submitted to the Director General of the Department of Local Government within 30 days of the date it is adopted by the council.

LGA s6.2; FMR r33
Yes
31
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing273

​Yes. Regulation 33 of the Local Government (Financial Management) Regulations 1996 states that a copy of a local government’s adopted budget must be submitted to the Director General of the Department of Local Government within 30 days of the date it is adopted by the council.

LGA s6.2; FMR r33

No
  
Yes. The local government’s budget is based upon accrual accounting principles and Australian Accounting Standards, not cash accounting. The total anticipated depreciation on non-current assets within each program should be included, as required by regulation 27(n) of the Local Government (Financial Management) Regulations 1996.

LGA s6.2; FMR r27(n)
Yes
32
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing274

​Yes. The local government’s budget is based upon accrual accounting principles and Australian Accounting Standards, not cash accounting. The total anticipated depreciation on non-current assets within each program should be included, as required by regulation 27(n) of the Local Government (Financial Management) Regulations 1996.

LGA s6.2; FMR r27(n)

No
  
Regulation 27(d) of the Local Government (Financial Management) Regulations 1996 requires disclosures relating to the proposed disposal of assets, including the net book value, an estimate of the sale price and an estimate of profit or loss on the sale.

It isn’t intended that multiple pages of detailed information be provided for the disposal of individual assets. The intention is that the required information be disclosed separately for each class of asset only.

LGA s6.2; FMR r27(d)
Yes
33
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing275

​Regulation 27(d) of the Local Government (Financial Management) Regulations 1996 requires disclosures relating to the proposed disposal of assets, including the net book value, an estimate of the sale price and an estimate of profit or loss on the sale.

It isn’t intended that multiple pages of detailed information be provided for the disposal of individual assets. The intention is that the required information be disclosed separately for each class of asset only.

LGA s6.2; FMR r27(d)

No
  
Section 6.2 of the Act sets out the basic requirements for a local government’s budget. Further details about what to include are set out in regulations 22 to 32 of the Local Government (Financial Management) Regulations 1996.

For comparative purposes, the legislation requires the budget to have similar form and content to the annual financial statements that, in turn, must comply with Australian Accounting Standards.

LGA s6.2; FMR r22 to r32
Yes
34
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing276

​Section 6.2 of the Act sets out the basic requirements for a local government’s budget. Further details about what to include are set out in regulations 22 to 32 of the Local Government (Financial Management) Regulations 1996.

For comparative purposes, the legislation requires the budget to have similar form and content to the annual financial statements that, in turn, must comply with Australian Accounting Standards.

LGA s6.2; FMR r22 to r32

No
  
No. The current position balance brought forward may be disclosed in the rate setting statement or in the notes that form part of the budget.

LGA s6.2; FMR r22
Yes
35
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing277

​No. The current position balance brought forward may be disclosed in the rate setting statement or in the notes that form part of the budget.

LGA s6.2; FMR r22

No
  
Yes. Section 6.2(3) of the Act requires all of a local government’s income and expenditure to be detailed in its budget regardless of the legislation that empowered the income to be raised or expenditure to be incurred. Regulation 25 specifically deals with this.

LGA s6.2; FMR r25
Yes
36
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing278

​Yes. Section 6.2(3) of the Act requires all of a local government’s income and expenditure to be detailed in its budget regardless of the legislation that empowered the income to be raised or expenditure to be incurred. Regulation 25 specifically deals with this.

LGA s6.2; FMR r25

No
  
There is no statutory requirement for that degree of detail to be incorporated into the adopted budget although some local governments do this. Others prepare their budget in two parts; The statutory part for the formal adoption and the non-statutory (very detailed) part for internal management. No doubt there are other variations on this theme.<br /><br />Section 6.8 clearly states that a local government cannot (legally) incur expenditure that is not provided for in the budget. Consequently, there must be sufficient detail supporting the budget to be able to establish that budget provisions did exist for specific items. Such information is normally available in the detailed working papers used to compile the budget.<br /><br />LGA s6.8
No
37
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing279

​There is no statutory requirement for that degree of detail to be incorporated into the adopted budget although some local governments do this. Others prepare their budget in two parts; The statutory part for the formal adoption and the non-statutory (very detailed) part for internal management. No doubt there are other variations on this theme.

Section 6.8 clearly states that a local government cannot (legally) incur expenditure that is not provided for in the budget. Consequently, there must be sufficient detail supporting the budget to be able to establish that budget provisions did exist for specific items. Such information is normally available in the detailed working papers used to compile the budget.

LGA s6.8

No
  
No. Section 6.8 allows only three circumstances in which expenditure can be incurred without a provision in the current budget.

The expenditure provisions authorised by any budget lapse at 30 June of that budget year. Hence, the authority to incur that expenditure also lapses. Expenditure cannot be incurred on any jobs carried from that year unless they are provided for in the new budget.

Expenditure between 1 July and the date the budget is adopted is authorised by the Act, but is required to be brought into the budget before adoption.

LGA s6.8
Yes
38
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing280

​No. Section 6.8 allows only three circumstances in which expenditure can be incurred without a provision in the current budget.

The expenditure provisions authorised by any budget lapse at 30 June of that budget year. Hence, the authority to incur that expenditure also lapses. Expenditure cannot be incurred on any jobs carried from that year unless they are provided for in the new budget.

Expenditure between 1 July and the date the budget is adopted is authorised by the Act, but is required to be brought into the budget before adoption.

LGA s6.8

No
  
No. Section 6.2 of the Act only requires a local government to adopt a budget for its municipal fund. Funds held in trust are not municipal funds that need to be shown in the budget.

LGA s6.9
Yes
39
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing281

​No. Section 6.2 of the Act only requires a local government to adopt a budget for its municipal fund. Funds held in trust are not municipal funds that need to be shown in the budget.

LGA s6.9

No
  
No. The requirements of the Local Government (Financial Management) Regulations 1996 relating to reserve accounts apply only to those cash-backed reserves established under the Local Government Act 1995. Reserves created under other Acts would be governed by those Acts.

Similarly, asset revaluation reserves created under the Australian Accounting Standards are governed only by those standards unless specifically addressed by legislation. An asset revaluation reserve is an accounting concept which represents the revaluation of an asset at a particular date and is not a cash-backed reserve.

LGA s6.11; FMR r17, r18
Yes
40
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing282

​No. The requirements of the Local Government (Financial Management) Regulations 1996 relating to reserve accounts apply only to those cash-backed reserves established under the Local Government Act 1995. Reserves created under other Acts would be governed by those Acts.

Similarly, asset revaluation reserves created under the Australian Accounting Standards are governed only by those standards unless specifically addressed by legislation. An asset revaluation reserve is an accounting concept which represents the revaluation of an asset at a particular date and is not a cash-backed reserve.

LGA s6.11; FMR r17, r18

No
  
Yes. Section 6.13 of the Act empowers a local government to charge interest on overdue payments for any money owed to it, other than rates and service charges. This also applies to money owed from charges levied under legislation other than the Local Government Act 1995, as long as that other legislation does not prohibit it.<br /><br />LGA s6.13
No
41
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing283

Yes. Section 6.13 of the Act empowers a local government to charge interest on overdue payments for any money owed to it, other than rates and service charges. This also applies to money owed from charges levied under legislation other than the Local Government Act 1995, as long as that other legislation does not prohibit it.

LGA s6.13

No
  

Possibly. Section 6.13 of the Act refers to interest on debts other than rates or service charges, while section 6.51 refers to interest on overdue rates and service charges themselves.  However, sections 6.13(3) and 6.51(2) require that any interest imposed must not exceed the rates set by regulations 19A and 70 of the Local Government (Financial Management) Regulations 1996.

The maximum interest rate that can be imposed for debts other than rates or service charges under regulation 19A, and for overdue rates and service charges under regulation 70, is currently 11%.

Interest under section 6.13 can only be charged if it is set in the annual budget.  Interest under section 6.51 has to be imposed when a rate or service charge is imposed.

LGA s6.13; s6.51; FMR r19A, r70

Yes
42
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing284

Possibly. Section 6.13 of the Act refers to interest on debts other than rates or service charges, while section 6.51 refers to interest on overdue rates and service charges themselves.  However, sections 6.13(3) and 6.51(2) require that any interest imposed must not exceed the rates set by regulations 19A and 70 of the Local Government (Financial Management) Regulations 1996.

The maximum interest rate that can be imposed for debts other than rates or service charges under regulation 19A, and for overdue rates and service charges under regulation 70, is currently 11%.

Interest under section 6.13 can only be charged if it is set in the annual budget.  Interest under section 6.51 has to be imposed when a rate or service charge is imposed.

LGA s6.13; s6.51; FMR r19A, r70

No
  
Advice from the State Solicitor&rsquo;s Office is that:
<ul>
    <li>an entity cannot borrow money from itself nor lend money to itself; </li>
    <li>reserves and loans are accounts of the municipal fund, they are not separate entities; and </li>
    <li>reserves can be invested only in authorised trustee (or approved) investments; </li>
    <li>local governments are not authorised trustees (or approved) investments; </li>
    <li>the expenditure of reserve money on another purpose (for which the loan was to have been raised) would constitute a change of purpose of the reserve; and </li>
    <li>if the local government follows the statutory process for changing the purpose of the reserve, there would be no point raising a loan. </li>
</ul>
LGA 6.14; FMR r5, r19(1)
No
43
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing285

Advice from the State Solicitor&rsquo;s Office is that:

  • an entity cannot borrow money from itself nor lend money to itself;
  • reserves and loans are accounts of the municipal fund, they are not separate entities; and
  • reserves can be invested only in authorised trustee (or approved) investments;
  • local governments are not authorised trustees (or approved) investments;
  • the expenditure of reserve money on another purpose (for which the loan was to have been raised) would constitute a change of purpose of the reserve; and
  • if the local government follows the statutory process for changing the purpose of the reserve, there would be no point raising a loan.

LGA 6.14; FMR r5, r19(1)

No
  
No. Section 6.15 of the Act sets out the only types of revenue or income that local governments may raise. There is no provision in the legislation for any form of “levy”. A budget that seeks to impose a levy will almost certainly be challenged at law.

LGA s6.15
Yes
44
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing286

​No. Section 6.15 of the Act sets out the only types of revenue or income that local governments may raise. There is no provision in the legislation for any form of “levy”. A budget that seeks to impose a levy will almost certainly be challenged at law.

LGA s6.15

No
  
No. Any fees or charges imposed under the authority of other legislation should comply with the provisions of that legislation. For example, section 6.16 requires fees and charges to be levied by absolute majority decision, however fees raised under section 53 of the Cemeteries Act 1986 are by simple majority decision only.

LGA s6.16
Yes
45
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing287

​No. Any fees or charges imposed under the authority of other legislation should comply with the provisions of that legislation. For example, section 6.16 requires fees and charges to be levied by absolute majority decision, however fees raised under section 53 of the Cemeteries Act 1986 are by simple majority decision only.

LGA s6.16

No
  

Section 6.16(2)(d) of the Act allows fees to be charged for ‘making an inspection’.  If the inspection service is required by the land owner or builder then section 6.16 would allow the local government to charge a fee for the service.  However, it is unlikely that this provision could be used as a revenue raising activity for imposing inspection fees where the inspection is:

  • unsolicited;
  • unwarranted;
  • of excessive frequency; or
  • unrelated to the functions of processing approvals and issuing licences, permits or certificates, as mentioned in that subsection.

Swimming pool inspection fees may only be charged under regulation 53(2) of the Building Regulations 2012.

LGA s6.16(2)(d)

Yes
46
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing288

Section 6.16(2)(d) of the Act allows fees to be charged for ‘making an inspection’.  If the inspection service is required by the land owner or builder then section 6.16 would allow the local government to charge a fee for the service.  However, it is unlikely that this provision could be used as a revenue raising activity for imposing inspection fees where the inspection is:

  • unsolicited;
  • unwarranted;
  • of excessive frequency; or
  • unrelated to the functions of processing approvals and issuing licences, permits or certificates, as mentioned in that subsection.

Swimming pool inspection fees may only be charged under regulation 53(2) of the Building Regulations 2012.

LGA s6.16(2)(d)

No
  
The provision of advice is a service so there appears to be no reason why section 6.16(2)(b) could not be used to charge for such service.

LGA s6.16
Yes
47
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing289

​The provision of advice is a service so there appears to be no reason why section 6.16(2)(b) could not be used to charge for such service.

LGA s6.16

No
  
Members of the public have a right under section 5.94 to inspect the local government’s own business plans, and under section 5.96 to obtain copies. If, however, they wish to contract the local government to prepare business plans for their private businesses then such a service provided by the local government would be one for which a fee could be charged under section 6.16(2)(b).

LGA s6.16, s5.94, s5.96
Yes
48
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing290

​Members of the public have a right under section 5.94 to inspect the local government’s own business plans, and under section 5.96 to obtain copies. If, however, they wish to contract the local government to prepare business plans for their private businesses then such a service provided by the local government would be one for which a fee could be charged under section 6.16(2)(b).

LGA s6.16, s5.94, s5.96

No
  
No. Advice is that section 6.16 of the Act can only be used to impose fees and charges for services provided under the LG Act. Local governments would need to use the powers that exist under the Planning and Development Act 2005 and the Planning and Development (Local Government Fees) Regulations 2000, to impose fees relating to planning matters.

LGA s6.16
Yes
49
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing291

​No. Advice is that section 6.16 of the Act can only be used to impose fees and charges for services provided under the LG Act. Local governments would need to use the powers that exist under the Planning and Development Act 2005 and the Planning and Development (Local Government Fees) Regulations 2000, to impose fees relating to planning matters.

LGA s6.16

No
  
Operating and financial leases are two separate things. Each is clearly defined in the Australian Accounting Standard – AASB 117 Leases.

An operating lease, in which all the risks and benefits of ownership remain with the lessor, is not subject the provisions of Section 6.20 of the Act. Typical example of such leases would be the rental of housing, the lease of office accommodation or the short term hire of a motor vehicle. The local government is not borrowing money of obtaining credit. Instead, it is paying for a right to occupy or use for a specific period.

A financial lease, in which all the risk of ownership rest with the lessee, frequently includes an element of borrowing or obtaining some form of financial credit and is therefore subject to section 6.20 of the Act. A typical example would be the lease of a vehicle under terms that make the lessee fully responsible for the maintenance and operation of the vehicle and, commonly, the contract has some residual pay-out provision to be satisfied by cash or trade-in. In such cases, the local government is obtaining a form of credit.

There are many different types of leases and each case would need to be examined on its merits. Consequently, it would be wise to discuss the implications of each with the local government’s auditor. As a general rule, anything that does not qualify as an operating lease under the Australian Accounting Standards is probably subject to section 6.20 of the Act.

LGA s6.20
Yes
50
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing292

​Operating and financial leases are two separate things. Each is clearly defined in the Australian Accounting Standard – AASB 117 Leases.

An operating lease, in which all the risks and benefits of ownership remain with the lessor, is not subject the provisions of Section 6.20 of the Act. Typical example of such leases would be the rental of housing, the lease of office accommodation or the short term hire of a motor vehicle. The local government is not borrowing money of obtaining credit. Instead, it is paying for a right to occupy or use for a specific period.

A financial lease, in which all the risk of ownership rest with the lessee, frequently includes an element of borrowing or obtaining some form of financial credit and is therefore subject to section 6.20 of the Act. A typical example would be the lease of a vehicle under terms that make the lessee fully responsible for the maintenance and operation of the vehicle and, commonly, the contract has some residual pay-out provision to be satisfied by cash or trade-in. In such cases, the local government is obtaining a form of credit.

There are many different types of leases and each case would need to be examined on its merits. Consequently, it would be wise to discuss the implications of each with the local government’s auditor. As a general rule, anything that does not qualify as an operating lease under the Australian Accounting Standards is probably subject to section 6.20 of the Act.

LGA s6.20

No
  
No. The legislation does not require the budget to be advertised prior to or after adoption. However, section 5.94 of the Act gives the public an automatic right to inspect the budget at any time after adoption.

Any proposed differential rates and differential minimum payments must be advertised under section 6.36 of the Act, but this takes place before the budget is adopted.

Local governments have a right to advertise full or abbreviated versions of the budget for public information. [Additional copies may be desirable for public access at local libraries.]

LGA s6.36, s5.94
Yes
51
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing293

​No. The legislation does not require the budget to be advertised prior to or after adoption. However, section 5.94 of the Act gives the public an automatic right to inspect the budget at any time after adoption.

Any proposed differential rates and differential minimum payments must be advertised under section 6.36 of the Act, but this takes place before the budget is adopted.

Local governments have a right to advertise full or abbreviated versions of the budget for public information. [Additional copies may be desirable for public access at local libraries.]

LGA s6.36, s5.94

No
  
No. The Act makes no mention of such a requirement.

LGA s6.37
Yes
52
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing294

​No. The Act makes no mention of such a requirement.

LGA s6.37

No
  
No provisions exist within the legislation to impose service charges other than in conjunction with the adoption of the budget.

As new properties can be subjected to pro-rata or interim rates if they become rateable part way through a year, so new properties receiving the service could be charged interim service charges (s6.40(2)). However, the provision would always be that the service charge for that service was imposed at the time of the budget adoption. [It is a similar principle to rating. If you do not impose a rate when adopting the budget you cannot issue interim rate notices during the year].

LGA s6.38, s6.32(1)(c), s6.40(2)
Yes
53
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing295

​No provisions exist within the legislation to impose service charges other than in conjunction with the adoption of the budget.

As new properties can be subjected to pro-rata or interim rates if they become rateable part way through a year, so new properties receiving the service could be charged interim service charges (s6.40(2)). However, the provision would always be that the service charge for that service was imposed at the time of the budget adoption. [It is a similar principle to rating. If you do not impose a rate when adopting the budget you cannot issue interim rate notices during the year].

LGA s6.38, s6.32(1)(c), s6.40(2)

No
  
Under these circumstances, the rates record would show a credit balance to the debtor. As a matter of good policy these, like any other overpayment, should be promptly refunded.

If the amounts are very small, it may be more practical and cost effective to simply advise the ratepayer (when the interim notice showing the credit balance is issued) that he or she may apply for a refund or leave the credit stand against next year’s rates. However, good policy should dictate that larger amounts are promptly refunded without action being required by the ratepayer.

LGA s6.41; FMR r56
Yes
54
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing296

​Under these circumstances, the rates record would show a credit balance to the debtor. As a matter of good policy these, like any other overpayment, should be promptly refunded.

If the amounts are very small, it may be more practical and cost effective to simply advise the ratepayer (when the interim notice showing the credit balance is issued) that he or she may apply for a refund or leave the credit stand against next year’s rates. However, good policy should dictate that larger amounts are promptly refunded without action being required by the ratepayer.

LGA s6.41; FMR r56

No
  
Yes. The regulations make no distinction between an original notice and an interim notice. In effect, both are originals for the purpose of the rates imposed upon them. Financial Management Regulation 56 applies to both types of notices.
However, the rate notice will only need to show payment options of a single payment or such other instalments as are remaining for that financial year. If two instalment dates have passed, then the interim rates can be paid by either one instalment or by the two remaining instalments.

LGA s6.41(2), s6.45(2); FMR r56
Yes
55
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing297

​Yes. The regulations make no distinction between an original notice and an interim notice. In effect, both are originals for the purpose of the rates imposed upon them. Financial Management Regulation 56 applies to both types of notices.

However, the rate notice will only need to show payment options of a single payment or such other instalments as are remaining for that financial year. If two instalment dates have passed, then the interim rates can be paid by either one instalment or by the two remaining instalments.

LGA s6.41(2), s6.45(2); FMR r56

No
  
Yes. Essentially, an interim notice is no different to a notice issued during the general billing phase of the year. If there are arrears they should be shown. However, if the interim notice is one on which a person has the right to make payment by instalments, then the new amount being levied and the instalment details applicable to that amount should be separately shown. They should not be added to the unpaid arrears for the purpose of re-calculation.

LGA s6.45; FMR r56
Yes
56
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing298

​Yes. Essentially, an interim notice is no different to a notice issued during the general billing phase of the year. If there are arrears they should be shown. However, if the interim notice is one on which a person has the right to make payment by instalments, then the new amount being levied and the instalment details applicable to that amount should be separately shown. They should not be added to the unpaid arrears for the purpose of re-calculation.

LGA s6.45; FMR r56

No
  
Just the net amount that remains to be paid after the credit brought forward has been deducted from the new amount levied.

LGA s6.45
Yes
57
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing299

​Just the net amount that remains to be paid after the credit brought forward has been deducted from the new amount levied.

LGA s6.45

No
  
No. The Act only enables an additional charge to be imposed on the payment of rates and service charges. Rubbish charges would normally be raised under section 67 of the Waste Avoidance and Resource Recovery Act 2007 which provides in sub-section (1) for payment by a single amount, equal monthly or other instalments. No additional charge is provided for in that Act.

LGA s6.45
Yes
58
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing300

​No. The Act only enables an additional charge to be imposed on the payment of rates and service charges. Rubbish charges would normally be raised under section 67 of the Waste Avoidance and Resource Recovery Act 2007 which provides in sub-section (1) for payment by a single amount, equal monthly or other instalments. No additional charge is provided for in that Act.

LGA s6.45

No
  
There is no legislative requirement for any adjustment to be made but it would be fair and equitable for the ratepayer to be given the benefit.

LGA s6.45
Yes
59
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing301

​There is no legislative requirement for any adjustment to be made but it would be fair and equitable for the ratepayer to be given the benefit.

LGA s6.45

No
  
By dividing the amount of the interim rate and service charge plus any additional charge imposed under section 6.45(3) of the Act by the number of instalments remaining under each instalment option.

LGA s6.45
Yes
60
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing302

​By dividing the amount of the interim rate and service charge plus any additional charge imposed under section 6.45(3) of the Act by the number of instalments remaining under each instalment option.

LGA s6.45

No
  
No, not under section 6.45 of the Act, but if a local government wished to extend the facility by using its general powers, it could do so.
If waste (rubbish) charges are levied under section 67 of the Waste Avoidance and Resource Recovery Act 2007, section 67(1) provides for payment by instalments.

LGA s6.45
Yes
61
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing303

​No, not under section 6.45 of the Act, but if a local government wished to extend the facility by using its general powers, it could do so.

If waste (rubbish) charges are levied under section 67 of the Waste Avoidance and Resource Recovery Act 2007, section 67(1) provides for payment by instalments.

LGA s6.45

No
  
Where a ratepayer has not otherwise indicated their intention to pay by instalments, they are deemed to make that choice by paying an amount equal to the first instalment of any available instalment options by the due date for that payment.

LGA s6.45; FMR r60
Yes
62
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing304

​Where a ratepayer has not otherwise indicated their intention to pay by instalments, they are deemed to make that choice by paying an amount equal to the first instalment of any available instalment options by the due date for that payment.

LGA s6.45; FMR r60

No
  
If an amount equal to the first instalment of any instalment option and/or any arrears are not paid by the due date.

Arrears include any unpaid rates or service charges (with accrued interest) carried over from a previous financial year and any interest that has accrued on those arrears from 1 July, to the payment date.

When a rateable property is sold. At that time any remaining rates or service charge must be paid in full.

The right to an instalment plan does not apply when the total amount shown on the rate notice is less than $200.

LGA s6.45; FMR r58, r59, r60, r63, r66, r68
Yes
63
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing305

​If an amount equal to the first instalment of any instalment option and/or any arrears are not paid by the due date.

Arrears include any unpaid rates or service charges (with accrued interest) carried over from a previous financial year and any interest that has accrued on those arrears from 1 July, to the payment date.

When a rateable property is sold. At that time any remaining rates or service charge must be paid in full.

The right to an instalment plan does not apply when the total amount shown on the rate notice is less than $200.

LGA s6.45; FMR r58, r59, r60, r63, r66, r68

No
  
No, not immediately, however:
  • the local government could apply late payment interest to that overdue instalment; and
  • if the instalment still remains unpaid after the day on which the next instalment falls due, the local government may revoke the instalment plan.
LGA s6.45; FMR r66
Yes
64
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing306
No, not immediately, however:
  • the local government could apply late payment interest to that overdue instalment; and
  • if the instalment still remains unpaid after the day on which the next instalment falls due, the local government may revoke the instalment plan.
LGA s6.45; FMR r66
No
  
Yes, providing those changes were levied in the current year.

(If there were unpaid rate or charges from a previous year, they must be paid before any instalment plan can be claimed. Similarly, if any late payment interest is accrued on those arrears, the amount accrued to the date of issue of the interim notice must also be paid if the debtor wants to use an instalment plan.).

LGA s6.45; FMR r58
Yes
65
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing307

​Yes, providing those changes were levied in the current year.

If there were unpaid rate or charges from a previous year, they must be paid before any instalment plan can be claimed. Similarly, if any late payment interest is accrued on those arrears, the amount accrued to the date of issue of the interim notice must also be paid if the debtor wants to use an instalment plan.).

LGA s6.45; FMR r58

No
  
No. The instalments related to the interim notice must relate only to the amount of that notice.

LGA s6.45; FMR r61, r67
Yes
66
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing308

​No. The instalments related to the interim notice must relate only to the amount of that notice.

LGA s6.45; FMR r61, r67

No
  

The maximum rate of interest that can be imposed on rates or service charges paid in instalments under section 6.45 of the Act is prescribed under regulation 68 of the Local Government (Financial Management) Regulations 1996, and is currently 5.5%.

This is different from the maximum rate of interest that can be imposed for overdue rates and service charges under section 6.51 of the Act, which is currently prescribed by regulation 70 of the Financial Management Regulations as being 11%.

Note that the 5.5% instalment interest cannot be applied to the emergency services levy, rubbish collection charges, or swimming pool inspection fees paid by instalments.

LGA s6.45(3) and (4)(e); s6.51(2); FMR r68, r70

Yes
67
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing309

​The maximum rate of interest that can be imposed on rates or service charges paid in instalments under section 6.45 of the Act is prescribed under regulation 68 of the Local Government (Financial Management) Regulations 1996, and is currently 5.5%.

This is different from the maximum rate of interest that can be imposed for overdue rates and service charges under section 6.51 of the Act, which is currently prescribed by regulation 70 of the Financial Management Regulations as being 11%.

Note that the 5.5% instalment interest cannot be applied to the emergency services levy, rubbish collection charges, or swimming pool inspection fees paid by instalments.

LGA s6.45(3) and (4)(e); s6.51(2); FMR r68, r70

No
  
Yes. Interim rates can be paid in instalments and Section 6.45(3) of the Act allows council to resolve to impose an additional charge (and interest) if the recipient of the notice chooses to pay by instalments.

LGA s6.45; FMR r67
Yes
68
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing310

​Yes. Interim rates can be paid in instalments and Section 6.45(3) of the Act allows council to resolve to impose an additional charge (and interest) if the recipient of the notice chooses to pay by instalments.

LGA s6.45; FMR r67

No
  
There is no prescribed maximum for the administration charge. It is intended that the amount of the administration charge be limited to the cost of administering the scheme. It is not intended as a profit generating charge.

LGA s6.45; FMR r67
Yes
69
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing311

​There is no prescribed maximum for the administration charge. It is intended that the amount of the administration charge be limited to the cost of administering the scheme. It is not intended as a profit generating charge.

LGA s6.45; FMR r67

No
  
An additional charge can comprise of an interest component and an administration component. The interest component is intended to compensate for loss of investment while the administration component is designed to compensate for the additional cost of administrating instalment plans.

LGA s6.45; FMR r67
Yes
70
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing312

​An additional charge can comprise of an interest component and an administration component. The interest component is intended to compensate for loss of investment while the administration component is designed to compensate for the additional cost of administrating instalment plans.

LGA s6.45; FMR r67

No
  
Yes.

LGA s6.45; FMR r67
Yes
71
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing313

​Yes.

LGA s6.45; FMR r67

No
  
No. The specific authority for such a charge applies only to the instalment plans.

LGA s6.45; FMR r67
Yes
72
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing314

​No. The specific authority for such a charge applies only to the instalment plans.

LGA s6.45; FMR r67

No
  
Section 6.49 of the Act does not give ratepayers the right to pay rates by instalments. This section allows a local government to come to an agreement with individual ratepayer on the payment of rates and service charges.

LGA s6.49
Yes
73
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing315

​Section 6.49 of the Act does not give ratepayers the right to pay rates by instalments. This section allows a local government to come to an agreement with individual ratepayer on the payment of rates and service charges.

LGA s6.49

No
  
Yes. The requirement that instalment dates be at least two months apart was not intended to limit the ability of local governments to enter into special arrangements with individual ratepayers. The whole point of section 6.49 of the Act is to provide flexibility to allow a local government to tailor payment arrangements to meet the particular needs of individual ratepayers.

LGA s6.49
Yes
74
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing316

​Yes. The requirement that instalment dates be at least two months apart was not intended to limit the ability of local governments to enter into special arrangements with individual ratepayers. The whole point of section 6.49 of the Act is to provide flexibility to allow a local government to tailor payment arrangements to meet the particular needs of individual ratepayers.

LGA s6.49

No
  
The first instalment of each instalment option will be due and payable on the same date as the rate or service charge is payable in full. This date must not be less than 35 days after the rate notice is issued.

The due dates for the instalment payments must be at least two months apart.

LGA s6.45, s6.50(2); FMR r62(2)(b)
Yes
75
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing317

​The first instalment of each instalment option will be due and payable on the same date as the rate or service charge is payable in full. This date must not be less than 35 days after the rate notice is issued.

The due dates for the instalment payments must be at least two months apart.

LGA s6.45, s6.50(2); FMR r62(2)(b)

No
  
Yes, except that in the case of interim rates first and second instalments can be less than two months apart. A ratepayer must have at least 35 days to pay the first instalment of any remaining instalments. This is regardless of whether the due instalment date of any available instalment plan was originally due during or after this 35 day period. The effect of this requirement may be to reduce the period between the first and second instalments payments to less than two months. This is permitted by regulation 62(2)(b).

LGA s6.45, s6.50(2); FMR r62(2)(b)
Yes
76
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing318

​Yes, except that in the case of interim rates first and second instalments can be less than two months apart. A ratepayer must have at least 35 days to pay the first instalment of any remaining instalments. This is regardless of whether the due instalment date of any available instalment plan was originally due during or after this 35 day period. The effect of this requirement may be to reduce the period between the first and second instalments payments to less than two months. This is permitted by regulation 62(2)(b).

LGA s6.45, s6.50(2); FMR r62(2)(b)

No
  

The maximum rate of interest that can be imposed for overdue rates and service charges under section 6.51 of the Act is prescribed by regulation 70 of the Local Government (Financial Management) Regulations 1996, and is currently 11%.

Section 6.45 of the Act also allows for interest to be imposed on rates or service charges paid in instalments, but regulation 68 of the Financial Management Regulations limits this rate to a maximum of 5.5%.

LGA s6.45(3) and (4)(e); s6.51(2); FMR r68, r70

Yes
77
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing319

​The maximum rate of interest that can be imposed for overdue rates and service charges under section 6.51 of the Act is prescribed by regulation 70 of the Local Government (Financial Management) Regulations 1996, and is currently 11%.

Section 6.45 of the Act also allows for interest to be imposed on rates or service charges paid in instalments, but regulation 68 of the Financial Management Regulations limits this rate to a maximum of 5.5%.

LGA s6.45(3) and (4)(e); s6.51(2); FMR r68, r70

No
  

Section 6.51(4) of the Act prohibits the imposition of interest on overdue rates and service charges payable by a person entitled to rebates or deferment under the Rates and Charges (Rebates and Deferments) Act 1992.

Under section 6.13(1) of the Act, interest can be imposed on overdue fees and charges that may be levied under section 6.16 or on other monies owed by pensioners and seniors such as rubbish charges imposed under section 67 of the Waste Avoidance and Resource Recovery Act 2007 or swimming pool inspection fees levied under regulation 53 of the Building Regulations 2012.  Where interest is charged the interest rate cannot exceed the rate prescribed in regulation 19A of the Local Government (Financial Management) Regulations 1996 or be imposed any earlier than 35 days after the date stated on the account as being the date the account was issued.

LGA s6.13(1); s6.16; s6.51(4); FMR r19A

Yes
78
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing320

​Section 6.51(4) of the Act prohibits the imposition of interest on overdue rates and service charges payable by a person entitled to rebates or deferment under the Rates and Charges (Rebates and Deferments) Act 1992.

Under section 6.13(1) of the Act, interest can be imposed on overdue fees and charges that may be levied under section 6.16 or on other monies owed by pensioners and seniors such as rubbish charges imposed under section 67 of the Waste Avoidance and Resource Recovery Act 2007 or swimming pool inspection fees levied under regulation 53 of the Building Regulations 2012.  Where interest is charged the interest rate cannot exceed the rate prescribed in regulation 19A of the Local Government (Financial Management) Regulations 1996 or be imposed any earlier than 35 days after the date stated on the account as being the date the account was issued.

LGA s6.13(1); s6.16; s6.51(4); FMR r19A

No
  
As with the imposition of interest on other outstanding debts, the omission to adopt an interest rate when adopting the budget would prohibit any interest being charged during that year. There is no remedy for such an omission.

LGA s6.51
Yes
79
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing321

​As with the imposition of interest on other outstanding debts, the omission to adopt an interest rate when adopting the budget would prohibit any interest being charged during that year. There is no remedy for such an omission.

LGA s6.51

No
  
Section 6.62 of the Act provides that rate and service charge payments must be allocated in the order in which rates or service charges fell due, i.e. payments go first towards the longest outstanding amount, and any outstanding costs of proceedings for recovery of any such rates or charges.

LGA s6.62
Yes
80
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing322

​Section 6.62 of the Act provides that rate and service charge payments must be allocated in the order in which rates or service charges fell due, i.e. payments go first towards the longest outstanding amount, and any outstanding costs of proceedings for recovery of any such rates or charges.

LGA s6.62

No
  
Yes, if the service is part of the purpose for which the regional local government was established, as defined in the establishment agreement required by section 3.61 of the Act. Section 3.66 gives regional local governments similar powers to other local governments, as long as they use those powers only for regional purposes.

This includes the power to impose fees and charges provided by section 6.16.

LGA s3.66 & 6.16
Yes
81
Finance, Budgets, Financial Reporting, Rates, AuditingFinance, Budgets, Financial Reporting, Rates, Auditing323

​Yes, if the service is part of the purpose for which the regional local government was established, as defined in the establishment agreement required by section 3.61 of the Act. Section 3.66 gives regional local governments similar powers to other local governments, as long as they use those powers only for regional purposes.

This includes the power to impose fees and charges provided by section 6.16.

LGA s3.66 & 6.16

No
  
Section 5.53(1) of the Act requires local governments to prepare an annual report. Section 5.53(2) prescribes what the annual report is to contain. In addition, other legislation requires local governments to include:
  • Statement on National Competition Policy and its application to the local government in the areas of competitive neutrality, structural reform of public monopolies, and legislation review (Trade Practices Act 1974).
  • Disability Access and Inclusion Plan implementation (Disability Services Act 1993).
  • Record Keeping Plan review (State Records Act 2000).
LGA s5.53; AR r19B
Yes
1
General reporting, Future planning, Community consultation and notification, Information availabilityGeneral reporting, Future planning, Community consultation and notification, Information availability324
Section 5.53(1) of the Act requires local governments to prepare an annual report. Section 5.53(2) prescribes what the annual report is to contain. In addition, other legislation requires local governments to include:
  • Statement on National Competition Policy and its application to the local government in the areas of competitive neutrality, structural reform of public monopolies, and legislation review (Trade Practices Act 1974).
  • Disability Access and Inclusion Plan implementation (Disability Services Act 1993).
  • Record Keeping Plan review (State Records Act 2000).
LGA s5.53; AR r19B
No
  
Yes. Section 5.54 requires council to accept, by absolute majority, the local government’s annual report, a copy of which is to be included in the minutes of the meeting at which it was accepted.
Section 5.55 states that the local government’s CEO must give local public notice of its availability once it has been accepted by the council.

To reduce costs, the report could be produced in electronic format and made available on the local government’s website, provided that it is also available in printed form on request and to meet the local government’s statutory obligations. It could also be produced in an abridged form for distribution in the community provided that it is clearly identified as an abridged version, and with a notation that the full annual report is available in printed form on request.

LGA s5.54; LGA s5.55; LGA s5.94(c); LGA s5.96
Yes
2
General reporting, Future planning, Community consultation and notification, Information availabilityGeneral reporting, Future planning, Community consultation and notification, Information availability325

​Yes. Section 5.54 requires council to accept, by absolute majority, the local government’s annual report, a copy of which is to be included in the minutes of the meeting at which it was accepted.

Section 5.55 states that the local government’s CEO must give local public notice of its availability once it has been accepted by the council.

To reduce costs, the report could be produced in electronic format and made available on the local government’s website, provided that it is also available in printed form on request and to meet the local government’s statutory obligations. It could also be produced in an abridged form for distribution in the community provided that it is clearly identified as an abridged version, and with a notation that the full annual report is available in printed form on request.

LGA s5.54; LGA s5.55; LGA s5.94(c); LGA s5.96

No
  
Under section 5.96 of the Act, if a member of the public requests copies of any information which section 5.94 or another part of the Act or its Regulations requires to be available for public inspection, the local government must provide those copies. If the copies are provided for a fee, the price must not exceed the cost of producing the copies.

LGA s5.96
Yes
3
General reporting, Future planning, Community consultation and notification, Information availabilityGeneral reporting, Future planning, Community consultation and notification, Information availability326

​Under section 5.96 of the Act, if a member of the public requests copies of any information which section 5.94 or another part of the Act or its Regulations requires to be available for public inspection, the local government must provide those copies. If the copies are provided for a fee, the price must not exceed the cost of producing the copies.

LGA s5.96

No
  

The Local Government (Parking for People with Disabilities) Regulations 2014 set out requirements for the usage and identification of disability parking bays (‘permit parking areas’), including penalties for their improper use. The aim of the Regulations is to provide a consistent regulatory framework on disability parking provisions across Western Australia. The Regulations repeal and replace the prior regulations – Local Government (Parking for Disabled Persons) Regulations 1988

Yes
1
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014327

​The Local Government (Parking for People with Disabilities) Regulations 2014 set out requirements for the usage and identification of disability parking bays ('permit parking areas'), including penalties for their improper use. The aim of the Regulations is to provide a consistent regulatory framework on disability parking provisions across Western Australia. The Regulations repeal and replace the prior regulations – Local Government (Parking for Disabled Persons) Regulations 1988.

No
  
The Regulations have been changed as part of a national initiative to standardise disability parking provisions across Australia. The changes include updates to outdated and inconsistent terminology, the introduction of the new disability parking permit, increased penalties as a deterrent to illegal parking and improved identification mechanisms for bays.
Yes
2
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014328

​The Regulations have been changed as part of a national initiative to standardise disability parking provisions across Australia. The changes include updates to outdated and inconsistent terminology, the introduction of the new disability parking permit, increased penalties as a deterrent to illegal parking and improved identification mechanisms for bays.

No
  

Some of the key changes are:

  • changes to terminology in the Regulations to standardise and modernise it in line with the Road Traffic Code 2000 and Australian Standards;
  • increased penalties for all offences and new offences for which penalties can be imposed; and
  • changes to identification requirements for permit parking areas.
Yes
3
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014329

​Some of the key changes are:

  • changes to terminology in the Regulations to standardise and modernise it in line with the Road Traffic Code 2000 and Australian Standards;
  • increased penalties for all offences and new offences for which penalties can be imposed; and
  • changes to identification requirements for permit parking areas.
No
  
Planning and building requirements determine the number of permit parking areas required in a parking facility. Please contact your local government for more information on planning and building requirements specific to your area.
Yes
4
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014330

​Planning and building requirements determine the number of permit parking areas required in a parking facility. Please contact your local government for more information on planning and building requirements specific to your area.

No
  

The Regulations apply to ‘parking facility/facilities’ as defined in the Local Government Act 1995:

‘parking facilities includes land, buildings, shelters, spaces, signs, notices, and other facilities for the parking of vehicles by members of the public, generally, with or without charge’

The Regulations also apply as if they were the local laws of the particular local government. Therefore they can only apply to that particular local government’s district.

Local governments are strongly encouraged to enter into agreements with owners of private parking facilities which are used by members of the public to enable the local government to enforce the Regulations within those facilities.  If local governments are unsure which areas the Regulations cover, they should seek legal advice on interpretation of the Regulations and the Local Government Act 1995.

Yes
5
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014331

​The Regulations apply to 'parking facility/facilities' as defined in the Local Government Act 1995:

'parking facilities includes land, buildings, shelters, spaces, signs, notices, and other facilities for the parking of vehicles by members of the public, generally, with or without charge'

The Regulations also apply as if they were the local laws of the particular local government. Therefore they can only apply to that particular local government's district.

Local governments are strongly encouraged to enter into agreements with owners of private parking facilities which are used by members of the public to enable the local government to enforce the Regulations within those facilities.  If local governments are unsure which areas the Regulations cover, they should seek legal advice on interpretation of the Regulations and the Local Government Act 1995.

No
  
Only local governments have the power to issue modified penalties under the Regulations. Speak to your local government about entering into an agreement with them which would give local government officers the power to issue modified penalties, or ‘on the spot’ fines, within your private parking facility where members of the public may park their vehicles.
Yes
6
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014332

​Only local governments have the power to issue modified penalties under the Regulations. Speak to your local government about entering into an agreement with them which would give local government officers the power to issue modified penalties, or ‘on the spot’ fines, within your private parking facility where members of the public may park their vehicles. 

No
  

Get in touch with your local government or check their website.  Alternatively, the Department maintains a register of local laws across WA – you can search for your local government’s local laws

Yes
7
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014333

​Get in touch with your local government or check their website.  Alternatively, the Department maintains a register of local laws across WA – you can search for your local government’s local laws

No
  

The Regulations override a local law to the extent of any inconsistency.  However, your local government’s local law may be drafted to suit your district’s specific needs. As such, you should comply with your local law and the Regulations.

Always contact your local government for clarification if you are unsure.

Yes
8
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014334

​The Regulations override a local law to the extent of any inconsistency.  However, your local government’s local law may be drafted to suit your district’s specific needs. As such, you should comply with your local law and the Regulations.

Always contact your local government for clarification if you are unsure.

No
  
Penalties are imposed by local governments in the course of their enforcement duties. If you have been given a penalty under the Regulations that you do not agree with, please contact the local government that issued it.
Yes
9
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014335

​Penalties are imposed by local governments in the course of their enforcement duties. If you have been given a penalty under the Regulations that you do not agree with, please contact the local government that issued it.

No
  
The goal of the Regulations is to provide good regulation on parking for people with disabilities. The Regulations include stronger infringement penalties to discourage unauthorised vehicles from parking in permit parking areas and make changes to the signage and identification requirements so permit parking areas will be easier to distinguish.
Yes
10
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014336

​The goal of the Regulations is to provide good regulation on parking for people with disabilities. The Regulations include stronger infringement penalties to discourage unauthorised vehicles from parking in permit parking areas and make changes to the signage and identification requirements so permit parking areas will be easier to distinguish. 

No
  

Disability parking permits are managed by the ACROD Parking Program WA. Visit the ACROD Parking Program WA website to determine whether you are eligible for a disability parking permit and to download an application form. 

Yes
11
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014337

​Disability parking permits are managed by the ACROD Parking Program WA. Visit the ACROD Parking Program WA website to determine whether you are eligible for a disability parking permit and to download an application form. 

No
  

The new term ‘disability parking permit’ replaces the term ‘ACROD sticker’.

A disability parking permit consists of two separate parts – the Australian Disability Parking Permit and the ACROD Parking Program Card.  A disability parking permit is only valid if both parts are displayed. 

The ACROD Parking Program WA issues disability parking permits.  APP WA began issuing the new permits on 1 July 2012 and completed its two-year ‘phase in’ of the new permits on 1 July 2014.  If you have a current and valid ACROD sticker or disability parking permit, it should fall under the definition of the disability parking permit.

Yes
12
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014338

​The new term 'disability parking permit' replaces the term 'ACROD sticker'.

A disability parking permit consists of two separate parts – the Australian Disability Parking Permit and the ACROD Parking Program Card.  A disability parking permit is only valid if both parts are displayed. 

The ACROD Parking Program WA issues disability parking permits.  APP WA began issuing the new permits on 1 July 2012 and completed its two-year 'phase in' of the new permits on 1 July 2014.  If you have a current and valid ACROD sticker or disability parking permit, it should fall under the definition of the disability parking permit.

No
  

Regulation 6 sets out vehicle identification requirements.  In short, the permit must be displayed in a prominent position in a manner that clearly shows its expiry date and permit number from the front exterior of the vehicle. 

The ACROD Parking Program WA sets the guidelines for how disability parking permits must be displayed. Visit the ACROD Parking Program WA website.
Yes
13
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014339

Regulation 6 sets out vehicle identification requirements.  In short, the permit must be displayed in a prominent position in a manner that clearly shows its expiry date and permit number from the front exterior of the vehicle. 

The ACROD Parking Program WA sets the guidelines for how disability parking permits must be displayed. Visit the ACROD Parking Program WA website.
No
  

Time concessions and time limits for permit parking areas are not covered by the Regulations.  These are covered by the Road Traffic Code 2000, which is often enforced by local governments through local laws.  Local laws may set time limits and concessions for parking in permit parking areas, provided that those limits and concessions are consistent with the Road Traffic Code 2000. 

Under Regulation 174 of the Road Traffic Code 2000, drivers whose vehicles display a disability parking permit, or who have a person with a disability as a passenger in that vehicle, may park in a time limit area for 30 minutes (if the time limit indicated is under 30 minutes), 2 hours (if the time limit indicated is between 30 and 60 minutes), and, in areas where the time limit indicated is over 60 minutes, for twice the period indicated. 

If you are unsure which time concessions and limits apply in your area, contact your local government for advice.  Remember that local laws only apply within the specific local government area – bear this in mind if you’re parking in another suburb.

The Road Traffic Code 2000 is administered by the Department of Transport. The Department of Transport’s website can be accessed at www.transport.wa.gov.au 

Yes
14
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014340

​Time concessions and time limits for permit parking areas are not covered by the Regulations.  These are covered by the Road Traffic Code 2000, which is often enforced by local governments through local laws.  Local laws may set time limits and concessions for parking in permit parking areas, provided that those limits and concessions are consistent with the Road Traffic Code 2000. 

Under Regulation 174 of the Road Traffic Code 2000, drivers whose vehicles display a disability parking permit, or who have a person with a disability as a passenger in that vehicle, may park in a time limit area for 30 minutes (if the time limit indicated is under 30 minutes), 2 hours (if the time limit indicated is between 30 and 60 minutes), and, in areas where the time limit indicated is over 60 minutes, for twice the period indicated. 

If you are unsure which time concessions and limits apply in your area, contact your local government for advice.  Remember that local laws only apply within the specific local government area – bear this in mind if you’re parking in another suburb.

The Road Traffic Code 2000 is administered by the Department of Transport. The Department of Transport’s website can be accessed at www.transport.wa.gov.au 

No
  

From 1 December 2014, penalties will change and any part of a local law that are inconsistent with the Regulations will be inoperative.  Familiarise yourself with the Regulations and speak to your legislation officer to determine if there is a need to amend your local laws. 

It is important that all local governments update their own internal systems to reflect the new Regulations prior to 1 December 2014, particularly to reflect the new penalties. 

Yes
15
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014341

​From 1 December 2014, penalties will change and any part of a local law that are inconsistent with the Regulations will be inoperative.  Familiarise yourself with the Regulations and speak to your legislation officer to determine if there is a need to amend your local laws.

It is important that all local governments update their own internal systems to reflect the new Regulations prior to 1 December 2014, particularly to reflect the new penalties. 

No
  

If your local law is consistent with the Regulations it need not be changed.  However all parts of local laws that are inconsistent with the Regulations will become inoperative as at 1 December 2014. Local governments can use the Regulations for enforcement.

Local governments may also wish to amend their local laws to ensure consistency with the Regulations. These amendments should take effect on or after 1 December 2014. 

Guidance materials on making local laws can be accessed on the DLGC website.

Yes
16
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014342

If your local law is consistent with the Regulations it need not be changed.  However all parts of local laws that are inconsistent with the Regulations will become inoperative as at 1 December 2014. Local governments can use the Regulations for enforcement.

Local governments may also wish to amend their local laws to ensure consistency with the Regulations. These amendments should take effect on or after 1 December 2014.

Guidance materials on making local laws can be accessed on the DLGC website.

No
  

Regulation 5 sets out the identification requirements for permit parking areas. Briefly, a permit parking area must be identified by a people with disabilities symbol as depicted in the Road Traffic Code 2000 regulation 171(2), marked on the ground within the limits of the permit parking area so that the symbol has a height between 800-1000 mm and a width of no more than 1200 mm.  A permit parking area must also be identified with a parking control sign as defined in the Road Traffic Code 2000 regulation 3. That sign must be erected on or near the permit parking area. 

Examples of the ‘people with disabilities’ symbols, as extracted from the Road Traffic Code 2000, are below.

People with disabilities symbol – background in blue

People with disabilities symbol – background in white, symbol in blue

Permissive parking sign displaying a people with disabilities symbol (for a length of carriageway) (letter and arrow in green, word and background to symbol in blue)

Permissive parking sign displaying a people with disabilities symbol (for an area) (letter in green, background to symbol in blue, words in black)

People with disabilities parking sign (background to symbol in blue)

Note: Anything on these signs may be differently arranged.

Yes
17
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014343

​Regulation 5 sets out the identification requirements for permit parking areas. Briefly, a permit parking area must be identified by a people with disabilities symbol as depicted in the Road Traffic Code 2000 regulation 171(2), marked on the ground within the limits of the permit parking area so that the symbol has a height between 800-1000 mm and a width of no more than 1200 mm.  A permit parking area must also be identified with a parking control sign as defined in the Road Traffic Code 2000 regulation 3. That sign must be erected on or near the permit parking area.

Examples of the ‘people with disabilities’ symbols, as extracted from the Road Traffic Code 2000, are below.

  • People with disabilities symbol – background in blue
  • People with disabilities symbol – background in white, symbol in blue
  • Permissive parking sign displaying a people with disabilities symbol (for a length of carriageway) (letter and arrow in green, word and background to symbol in blue)
  • Permissive parking sign displaying a people with disabilities symbol (for an area) (letter in green, background to symbol in blue, words in black)
  • People with disabilities parking sign (background to symbol in blue)

Note: Anything on these signs may be differently arranged.

No
  

The modified penalties, or ‘on the spot’ fines, are contained in Schedule 1 to the Regulations. 

All Court-imposed penalties (Regulations 6, 7, and 8) have increased from $1,000 to $2,000 and all modified penalties, or ‘on the spot fines’, have increased from $120-140 to $300. 

Yes
18
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014344

​The modified penalties, or ‘on the spot’ fines, are contained in Schedule 1 to the Regulations.

All Court-imposed penalties (Regulations 6, 7, and 8) have increased from $1,000 to $2,000 and all modified penalties, or ‘on the spot fines’, have increased from $120-140 to $300. 

No
  

Yes, there have always been penalties for parking in a permit parking area without a disability parking permit.  Under the Regulations, these penalties have increased. 

The modified penalty, or ‘on the spot’ fine, for illegal parking in a permit parking area will increase from $120 to $300 (Regulation 7) from 1 December 2014. The maximum court-imposed penalty is $2000.

All Court-imposed penalties (Regulations 6, 7, and 8) will increase from $1,000 to $2,000 and all modified penalties, or ‘on the spot fines’, will increase from $120-140 to $300. 

Yes
19
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014345

​Yes, there have always been penalties for parking in a permit parking area without a disability parking permit.  Under the Regulations, these penalties have increased.

The modified penalty, or ‘on the spot’ fine, for illegal parking in a permit parking area will increase from $120 to $300 (Regulation 7) from 1 December 2014. The maximum court-imposed penalty is $2000.

All Court-imposed penalties (Regulations 6, 7, and 8) will increase from $1,000 to $2,000 and all modified penalties, or ‘on the spot fines’, will increase from $120-140 to $300.

No
  

Yes, unauthorised use of a disability parking permit is a breach of Regulation 6.  The on-the-spot fine for a breach of Regulation 6 has been increased from $140 to $300 and the court-imposed penalty is $2000. 

Yes
20
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014346

​Yes, unauthorised use of a disability parking permit is a breach of Regulation 6.  The on-the-spot fine for a breach of Regulation 6 has been increased from $140 to $300 and the court-imposed penalty is $2000.

No
  
Unauthorised identification of a permit parking area is now a breach of Regulation 8. The modified penalty for this breach is $300 and the court-imposed penalty is $2,000.
Yes
21
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014347

​Unauthorised identification of a permit parking area is now a breach of Regulation 8. The modified penalty for this breach is $300 and the court-imposed penalty is $2,000.

No
  

If you have any other queries in relation to the Regulations, please contact:

Department of Local Government and Communities
Email: info@dlgc.wa.gov.au
Telephone: (08) 6551 8700
Freecall (country only): 1800 620 511
Fax: (08) 6552 1555

Yes
22
Local Government (Parking for People with Disabilities) Regulations 2014Local Government (Parking for People with Disabilities) Regulations 2014348

​If you have any other queries in relation to the Regulations, please contact:

Department of Local Government and Communities
Email: info@dlgc.wa.gov.au
Telephone: (08) 6551 8700
Freecall (country only): 1800 620 511
Fax: (08) 6552 1555

No
  
The Act states that a decision of a council or committee only has effect when it is made by a simple majority or, where required, by another kind of majority.

The other kinds of majority are an absolute majority and a special majority. Sections 1.9 and 1.10 state that these kinds of majority are required for any decision under the Act or its Regulations where there is a footnote in the legislation to indicate such a requirement.

It should be noted that, on most matters, a decision made by a committee is only a decision to make a recommendation to the council, which then makes a final decision on the matter. The only exception is when the council has delegated to one of its committees the power to make a decision on a matter.

Also see questions and responses relating to simple and special majorities later in this section.

LGA s5.20; s5.16
Yes
1
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)349

​The Act states that a decision of a council or committee only has effect when it is made by a simple majority or, where required, by another kind of majority.

The other kinds of majority are an absolute majority and a special majority. Sections 1.9 and 1.10 state that these kinds of majority are required for any decision under the Act or its Regulations where there is a footnote in the legislation to indicate such a requirement.

It should be noted that, on most matters, a decision made by a committee is only a decision to make a recommendation to the council, which then makes a final decision on the matter. The only exception is when the council has delegated to one of its committees the power to make a decision on a matter.

Also see questions and responses relating to simple and special majorities later in this section.

LGA s5.20; s5.16

No
  
The Act states that a quorum is at least 50% of the total number of positions on the council or committee whether vacant or not.

LGA s5.19
Yes
2
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)350

​The Act states that a quorum is at least 50% of the total number of positions on the council or committee whether vacant or not.

LGA s5.19

No
  
If for example there are 11 positions on council, a quorum will be 6, even if one or more of the positions is vacant.

However, s5.7 allows requests to be made to the Minister for Local Government to reduce the numbers required for a quorum at a council meeting. Section 5.15 also allows the council itself to reduce, by an absolute majority decision, the numbers required for a quorum at a committee meeting.

LGA s5.19; s5.7; s5.15
Yes
3
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)351

​If for example there are 11 positions on council, a quorum will be 6, even if one or more of the positions is vacant.

However, s5.7 allows requests to be made to the Minister for Local Government to reduce the numbers required for a quorum at a council meeting. Section 5.15 also allows the council itself to reduce, by an absolute majority decision, the numbers required for a quorum at a committee meeting.

LGA s5.19; s5.7; s5.15

No
  
The meaning of a simple majority is established under section 54(2)(b) of the Interpretation Act 1984, and occurs when the number of council or committee members voting the same way on a matter is more than 50% of the members present at the time of the vote, as long as enough members are present to form a quorum.

Simple majority example: Council has 11 positions, 1 position is vacant and 1 councillor is absent. For a decision to be passed by simple majority the motion would need to be passed by at least 5 votes in favour of the motion.

Section 1.4 of Act states that an absolute majority occurs when the number of council members voting the same way on a decision is more than 50% of the number of positions on the council. This is the total number of positions, even those which are vacant or absent at the time of the vote.

Absolute majority example: Council has 11 positions, 1 position is vacant and 1 councillor is absent. For a decision to be passed by absolute majority the motion would need to be passed by at least 6 votes in favour of the motion.

Section 1.9 states that an absolute majority is required for any decision under the Act or its Regulations where there is a footnote in the legislation to indicate that requirement.

LGA s1.4; s1.9, s5.17(1)(a)
Yes
4
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)352

​The meaning of a simple majority is established under section 54(2)(b) of the Interpretation Act 1984, and occurs when the number of council or committee members voting the same way on a matter is more than 50% of the members present at the time of the vote, as long as enough members are present to form a quorum.

Simple majority example: Council has 11 positions, 1 position is vacant and 1 councillor is absent. For a decision to be passed by simple majority the motion would need to be passed by at least 5 votes in favour of the motion.

Section 1.4 of Act states that an absolute majority occurs when the number of council members voting the same way on a decision is more than 50% of the number of positions on the council. This is the total number of positions, even those which are vacant or absent at the time of the vote.

Absolute majority example: Council has 11 positions, 1 position is vacant and 1 councillor is absent. For a decision to be passed by absolute majority the motion would need to be passed by at least 6 votes in favour of the motion.

Section 1.9 states that an absolute majority is required for any decision under the Act or its Regulations where there is a footnote in the legislation to indicate that requirement.

LGA s1.4; s1.9, s5.17(1)(a)

No
  
Yes, a list is available on the DLG website:

List of Absolute Majority Decisions
Yes
5
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)353

​Yes, a list is available on the DLG website - List of Absolute Majority Decisions

No
  
Section 5.21(2) of the Act states that any member of a council or a committee with a delegated decision making power, who is present at a meeting, must vote on matters which require a decision at that meeting. The only exception is when the member has declared a financial interest in accordance with section 5.65.

If the member does not vote when required to do so, he or she is in breach of the Act [s5.21(5)], and it is advisable for the local government’s CEO to record in the minutes the name of the member who failed to vote on the matter.

This is considered a serious breach of the Act and the CEO will need to report the breach to the appropriate authority.

LGA s5.21
Yes
6
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)354

​Section 5.21(2) of the Act states that any member of a council or a committee with a delegated decision making power, who is present at a meeting, must vote on matters which require a decision at that meeting. The only exception is when the member has declared a financial interest in accordance with section 5.65.

If the member does not vote when required to do so, he or she is in breach of the Act [s5.21(5)], and it is advisable for the local government’s CEO to record in the minutes the name of the member who failed to vote on the matter.

This is considered a serious breach of the Act and the CEO will need to report the breach to the appropriate authority.

LGA s5.21

No
  
No. Section 2.10 of the Act defines the role of a councillor, and part of that role is to participate in the local government’s decision making processes at council and committee meetings.

LGA s2.10, s2.10(d)
Yes
7
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)355

​No. Section 2.10 of the Act defines the role of a councillor, and part of that role is to participate in the local government’s decision making processes at council and committee meetings.

LGA s2.10, s2.10(d)

No
  
Yes. Section 5.21(3) states that where a vote is tied, the presiding member must cast a second vote to decide the matter.

Section 5.21(5) emphasises that a presiding member who fails to cast a second vote when required commits an offence under the Act. This is considered a serious breach of the Act and the CEO will need to report the breach to the appropriate authority.

As such, under the Act's current wording, the requirement to cast a second vote also applies where an absolute majority decision is required and the vote is tied, although section 1.4 establishes clearly that the second vote will not achieve an absolute majority.

LGA s5.21
Yes
8
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)356

​Yes. Section 5.21(3) states that where a vote is tied, the presiding member must cast a second vote to decide the matter.

Section 5.21(5) emphasises that a presiding member who fails to cast a second vote when required commits an offence under the Act. This is considered a serious breach of the Act and the CEO will need to report the breach to the appropriate authority.

As such, under the Act's current wording, the requirement to cast a second vote also applies where an absolute majority decision is required and the vote is tied, although section 1.4 establishes clearly that the second vote will not achieve an absolute majority.

LGA s5.21

No
  
A second vote must be cast but cannot achieve an absolute majority. An absolute majority is only achieved where more than 50% of the number of positions on Council (whether vacant or not) vote the same way on the decision.
Example: Council has 11 positions, 1 position is vacant, 2 councillors are absent and the voting is tied at 4 all. To be passed by absolute majority the motion would need to be passed by at least 6 votes in favour (more than 50% of positions on council).

LGA s1.4; s5.21
Yes
9
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)357

​A second vote must be cast but cannot achieve an absolute majority. An absolute majority is only achieved where more than 50% of the number of positions on Council (whether vacant or not) vote the same way on the decision.

Example: Council has 11 positions, 1 position is vacant, 2 councillors are absent and the voting is tied at 4 all. To be passed by absolute majority the motion would need to be passed by at least 6 votes in favour (more than 50% of positions on council).

LGA s1.4; s5.21

No
  
A simple majority only requires the support of more than 50% of the members who are present at the time of the vote, so when members remove themselves from participation due to a declared financial interest, a decision on a matter will only require the support of more than 50% of the members who remain, as long as enough members remain to form a quorum.

However, section 1.4 states that absolute majorities occur when the number of members voting the same way on a decision is more than 50% of the number of positions on the council. This includes all positions, even positions which are vacant at the time of the vote, and the positions of members who have declared a financial interest and removed themselves from participation. Therefore, the number of votes required for an absolute majority remains the same even when a member declares a financial interest and does not participate in the decision making process.

LGA s5.21
Yes
10
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)358

​A simple majority only requires the support of more than 50% of the members who are present at the time of the vote, so when members remove themselves from participation due to a declared financial interest, a decision on a matter will only require the support of more than 50% of the members who remain, as long as enough members remain to form a quorum.

However, section 1.4 states that absolute majorities occur when the number of members voting the same way on a decision is more than 50% of the number of positions on the council. This includes all positions, even positions which are vacant at the time of the vote, and the positions of members who have declared a financial interest and removed themselves from participation. Therefore, the number of votes required for an absolute majority remains the same even when a member declares a financial interest and does not participate in the decision making process.

LGA s5.21

No
  
In most cases, where motions are carried by a simple majority, the words ‘motion carried’ should be enough to demonstrate that the simple majority was obtained.

However, where the legislation requires an absolute majority or a special majority, it will be necessary to use descriptive statements such as:
  • ‘Motion carried by absolute majority’;
  • ‘Motion carried unanimously’; or
  • a statement of the actual number of votes, such as ‘Motion carried 6:5’.
The DLG’s Agenda and Minutes Guide recommends that local governments adopt the practice of recording the number of votes counted for and against a motion, as well as a descriptive statement of any legislative requirement for a majority outcome, such as:
  • ‘Motion carried 5:4’;
  • ‘Motion carried by absolute majority 6:5’; or
  • ‘Motion lost 2:7’.
The exception is when any member of a council or committee requests that his or her vote [s5.21(4)(a)], or the votes of all members present [s.5.21(4)(b)], be recorded in the minutes. In such cases it is necessary to record the name of the relevant member, and whether that member voted for or against the motion.

Examples are:
  • ‘Motion carried 5:4 (Councillor Bloggs voted against the motion)’; or
  • ‘Motion carried by absolute majority 6:5

For Against Cr Appleby
Cr Garlett
Cr Jones
Cr Ng
Cr Perkins
Cr Sabatini Cr Bloggs
Cr Lee
Cr O’Connor
Cr Rigby
Cr Simpson

LGA s5.22; s5.25; AR r11(c)
Yes
11
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)359

​In most cases, where motions are carried by a simple majority, the words ‘motion carried’ should be enough to demonstrate that the simple majority was obtained.

However, where the legislation requires an absolute majority or a special majority, it will be necessary to use descriptive statements such as:

  • ‘Motion carried by absolute majority’;
  • ‘Motion carried unanimously’; or
  • a statement of the actual number of votes, such as ‘Motion carried 6:5’.
The DLG’s Agenda and Minutes Guide recommends that local governments adopt the practice of recording the number of votes counted for and against a motion, as well as a descriptive statement of any legislative requirement for a majority outcome, such as:
  • ‘Motion carried 5:4’;
  • ‘Motion carried by absolute majority 6:5’; or
  • ‘Motion lost 2:7’.

The exception is when any member of a council or committee requests that his or her vote [s5.21(4)(a)], or the votes of all members present [s.5.21(4)(b)], be recorded in the minutes. In such cases it is necessary to record the name of the relevant member, and whether that member voted for or against the motion.

Examples are:

  • ‘Motion carried 5:4 (Councillor Bloggs voted against the motion)’; or
  • ‘Motion carried by absolute majority 6:5

For Against Cr Appleby
Cr Garlett
Cr Jones
Cr Ng
Cr Perkins
Cr Sabatini Cr Bloggs
Cr Lee
Cr O’Connor
Cr Rigby
Cr Simpson

LGA s5.22; s5.25; AR r11(c)
No
  
No. There are no provisions in the Act or its Regulations to allow the use of proxy votes. In order to vote on a matter considered at a council or committee meeting, the member must be present at the meeting at the time of the vote.

Also see following question and response relating to participation in meetings by means of instantaneous communication.

LGA s5.21
Yes
12
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)360

​No. There are no provisions in the Act or its Regulations to allow the use of proxy votes. In order to vote on a matter considered at a council or committee meeting, the member must be present at the meeting at the time of the vote.

Also see following question and response relating to participation in meetings by means of instantaneous communication.

LGA s5.21

No
  
Yes. Regulation 14A of the Local Government (Administration) Regulations 1996 does allow a member who can’t physically attend a meeting to participate using audio communication from another location, if the requirements of Regulation 14A are met and the arrangement has been approved in advance by an absolute majority of the council. If a natural emergency prevents attendance at the meeting, the requirements of Regulation 14B apply.

LGA s5.25(1)(ba); AR r14A; AR r14B
Yes
13
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)361

​Yes. Regulation 14A of the Local Government (Administration) Regulations 1996 does allow a member who can’t physically attend a meeting to participate using audio communication from another location, if the requirements of Regulation 14A are met and the arrangement has been approved in advance by an absolute majority of the council. If a natural emergency prevents attendance at the meeting, the requirements of Regulation 14B apply.

LGA s5.25(1)(ba); AR r14A; AR r14B

No
  
Yes, the local government may appoint and terminate appointment of deputy committee members.
Deputy committee members who attend meetings and vote on matters, when the member is absent, can exercise their own judgement when it comes to voting on matters, and are not required to vote according to any instructions from members.

LGA s5.21; AR r14A
Yes
14
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)362

​Yes, the local government may appoint and terminate appointment of deputy committee members.
Deputy committee members who attend meetings and vote on matters, when the member is absent, can exercise their own judgement when it comes to voting on matters, and are not required to vote according to any instructions from members.

LGA s5.21; AR r14A

No
  
No. Section 5.22(1) of the Act states that the presiding member at a council or committee meeting must make sure that minutes of the meeting are kept. Once the minutes are confirmed as being correct at the next council or committee meeting [s5.22(2)], the presiding member at that meeting is required to ‘sign the minutes and certify the confirmation’ [s5.22(3)].

Unless council policy states otherwise, the presiding member may decide to sign and certify only one page, in which case the minutes should be bound or prepared in a way that ensures they can’t be changed following certification. The local government is responsible for keeping them in a manner that allows them to be used in legal proceedings.

However, local governments may also adopt the practice of having the presiding member sign and date each page of the minutes if they wish. This is recommended where minutes are kept permanently or temporarily in loose leaf form. A suggested certification is provided in the DLG’s Agenda and Minutes Support Documents For WA Local Governments File.

LGA s5.22
Yes
15
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)363

​No. Section 5.22(1) of the Act states that the presiding member at a council or committee meeting must make sure that minutes of the meeting are kept. Once the minutes are confirmed as being correct at the next council or committee meeting [s5.22(2)], the presiding member at that meeting is required to ‘sign the minutes and certify the confirmation’ [s5.22(3)].

Unless council policy states otherwise, the presiding member may decide to sign and certify only one page, in which case the minutes should be bound or prepared in a way that ensures they can’t be changed following certification. The local government is responsible for keeping them in a manner that allows them to be used in legal proceedings.

However, local governments may also adopt the practice of having the presiding member sign and date each page of the minutes if they wish. This is recommended where minutes are kept permanently or temporarily in loose leaf form. A suggested certification is provided in the DLG’s Agenda and Minutes Support Documents For WA Local Governments File.

LGA s5.22

No
  
Section 5.23(1) of the Act states that all Ordinary or Special meetings of a council are to be open to the public. This right of access also extends to a meeting of any committee which has been delegated a decision making power by the council.

The only exception is when the council or committee has made a decision to close a meeting, or part of a meeting, to the public, in order to deal with matters listed in section 5.23(2).

LGA s5.23; AR r4A
Yes
16
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)364

​Section 5.23(1) of the Act states that all Ordinary or Special meetings of a council are to be open to the public. This right of access also extends to a meeting of any committee which has been delegated a decision making power by the council.

The only exception is when the council or committee has made a decision to close a meeting, or part of a meeting, to the public, in order to deal with matters listed in section 5.23(2).

LGA s5.23; AR r4A

No
  
Yes. When a committee of the council has delegated decision making powers, all proceedings of its meetings must be open to the public in accordance with section 5.23(1) of the Act, unless the meeting, or part of the meeting, has been closed in accordance with section 5.23(2).

LGA s5.23
Yes
17
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)365

​Yes. When a committee of the council has delegated decision making powers, all proceedings of its meetings must be open to the public in accordance with section 5.23(1) of the Act, unless the meeting, or part of the meeting, has been closed in accordance with section 5.23(2).

LGA s5.23

No
  
Yes. Section 5.23(3) of the Act states that any decision to close a meeting or part of a meeting, and the reason for that decision, are to be recorded in the minutes.

LGA s5.23(3); AR r11(c) (d)
Yes
18
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)366

​Yes. Section 5.23(3) of the Act states that any decision to close a meeting or part of a meeting, and the reason for that decision, are to be recorded in the minutes.

LGA s5.23(3); AR r11(c) (d)

No
  
In addition to recording the decision to close a meeting or part of a meeting and the reason for doing so,
  • Where a member enters or leaves the meeting during the course of the meeting, the time of entry or departure, as the case requires, in the chronological sequence of the business of the meeting.
  • Details of each motion moved at the meeting, the mover and the outcome of the motion.
  • Details of each decision made at the meeting.
  • Written reasons for each decision made at the meeting that is significantly different from the relevant written recommendation of a committee or an employee as defined in section 5.70 (but not a decision to only note the matter or to return the recommendation for further consideration).
LGA s5.23(3); AR r11(b) (c) (d) (da)
Yes
19
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)367

​In addition to recording the decision to close a meeting or part of a meeting and the reason for doing so,

  • Where a member enters or leaves the meeting during the course of the meeting, the time of entry or departure, as the case requires, in the chronological sequence of the business of the meeting.
  • Details of each motion moved at the meeting, the mover and the outcome of the motion.
  • Details of each decision made at the meeting.
  • Written reasons for each decision made at the meeting that is significantly different from the relevant written recommendation of a committee or an employee as defined in section 5.70 (but not a decision to only note the matter or to return the recommendation for further consideration).
LGA s5.23(3); AR r11(b) (c) (d) (da)
No
  
Yes. Regulation 12 of the Local Government (Administration) Regulations 1996 requires the public to be informed of the date, time and place of all council meetings and committee meetings that are required to be open to the public.

LGA s5.23; AR r12
Yes
20
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)368

​Yes. Regulation 12 of the Local Government (Administration) Regulations 1996 requires the public to be informed of the date, time and place of all council meetings and committee meetings that are required to be open to the public.

LGA s5.23; AR r12

No
  
Yes, but the requirements are different. Although special meetings of council are to be open to members of the public, if in the opinion of the CEO it is not practicable to advertise the details of the meeting in the newspaper, then a public notice providing details and purpose of the meeting must be given by whatever means the CEO considers to be practicable (e.g. display on notice boards, at public library, on council website).

LGA s5.23; AR r12(4)
Yes
21
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)369

​Yes, but the requirements are different. Although special meetings of council are to be open to members of the public, if in the opinion of the CEO it is not practicable to advertise the details of the meeting in the newspaper, then a public notice providing details and purpose of the meeting must be given by whatever means the CEO considers to be practicable (e.g. display on notice boards, at public library, on council website).

LGA s5.23; AR r12(4)

No
  
Regulation 8 of the Local Government (Administration) Regulations 1996 allows a meeting to be adjourned if there is no quorum within 30 minutes of the scheduled start time.

The general requirement for a quorum under section 5.19 of the Act also means that if a quorum is lost at any stage during a council or committee meeting, the presiding member must adjourn the meeting until a quorum is present again.

LGA s5.25( c); AR r8
Yes
22
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)370

​Regulation 8 of the Local Government (Administration) Regulations 1996 allows a meeting to be adjourned if there is no quorum within 30 minutes of the scheduled start time.

The general requirement for a quorum under section 5.19 of the Act also means that if a quorum is lost at any stage during a council or committee meeting, the presiding member must adjourn the meeting until a quorum is present again.

LGA s5.25( c); AR r8

No
  
Regulation 8 of the Local Government (Administration) Regulations 1996 lists the order in which authorised persons can adjourn a council or committee meeting due to the lack of a quorum. The order is:
  • The presiding member;
  • The deputy presiding member if the presiding member is not present;
  • A majority of members present if neither presiding member is present;
  • A single member if no other member is present; or
  • The local government’s CEO if no member is present.


LGA s5.25( c); AR r8
Yes
23
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)371
Regulation 8 of the Local Government (Administration) Regulations 1996 lists the order in which authorised persons can adjourn a council or committee meeting due to the lack of a quorum. The order is:
  • The presiding member;
  • The deputy presiding member if the presiding member is not present;
  • A majority of members present if neither presiding member is present;
  • A single member if no other member is present; or
  • The local government’s CEO if no member is present.

LGA s5.25( c); AR r8

No
  
No. The deputy mayor or president could only attend in the mayor or president’s place if they were appointed as a deputy member in accordance with s 5.11A.

LGA s5.10; s5.11A
Yes
24
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)372

​No. The deputy mayor or president could only attend in the mayor or president’s place if they were appointed as a deputy member in accordance with s 5.11A.

LGA s5.10; s5.11A

No
  
Section 5.65(1)(a) of the Act establishes that if an elected member gives written notice of a financial interest, and the nature of the interest, in a matter to be discussed at a council or committee meeting, the notice must be lodged with the local government’s CEO before the meeting at which the relevant matter is to be discussed. Under section 5.66(a), the CEO is then required to inform the presiding member of:
  • the fact that the notice has been lodged; and
  • the item on the meeting agenda to which the notice relates.
Section 5.66(b) then requires the presiding member to make sure that, immediately before discussion of the relevant agenda item, he or she brings the notice and its contents to the attention of those present. This enables:
  • those present to be aware of the financial interest being disclosed, and the agenda item to which it relates; and
  • the disclosure to be recorded at the correct point in the minutes.
LGA s5.65; s5.66
Yes
25
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)373

​Section 5.65(1)(a) of the Act establishes that if an elected member gives written notice of a financial interest, and the nature of the interest, in a matter to be discussed at a council or committee meeting, the notice must be lodged with the local government’s CEO before the meeting at which the relevant matter is to be discussed. Under section 5.66(a), the CEO is then required to inform the presiding member of:

  • the fact that the notice has been lodged; and
  • the item on the meeting agenda to which the notice relates.
Section 5.66(b) then requires the presiding member to make sure that, immediately before discussion of the relevant agenda item, he or she brings the notice and its contents to the attention of those present. This enables:
  • those present to be aware of the financial interest being disclosed, and the agenda item to which it relates; and
  • the disclosure to be recorded at the correct point in the minutes.
LGA s5.65; s5.66
No
  
The words ‘prepare or adopt’ in section 5.103 of the Act must be read in conjunction with the words ‘to be observed by’ in the same sentence. As such, the section should be interpreted as meaning that a council may either:<ul><li>‘prepare a code of conduct to be observed by’ its members and employees; or</li><li>‘adopt a code of conduct to be observed by’ its members and employees (e.g. prepared by another local government or the WALGA model).</li></ul>In either case, the council will then be required to formally adopt the code in order for it to be observed.<br /><br />LGA s5.103
No
26
Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)Meetings (Elected Members, Meetings, Voting, Decisions, Quorum)374

​The words 'prepare or adopt' in section 5.103 of the Act must be read in conjunction with the words 'to be observed by' in the same sentence. As such, the section should be interpreted as meaning that a council may either:

  • 'prepare a code of conduct to be observed by' its members and employees; or
  • 'adopt a code of conduct to be observed by' its members and employees (e.g. prepared by another local government or the WALGA model).

In either case, the council will then be required to formally adopt the code in order for it to be observed.

LGA s5.103

No
  
There is no reason why this cannot be so. Historically, some local governments have used contractors for dog control, security and other activities. At times, if specialised knowledge or skills are warranted, the authorised person might be drawn from a range of professions and may come from the local government itself, or externally.

LGA s9.10
Yes
1
Miscellaneous ProvisionsMiscellaneous Provisions375

​There is no reason why this cannot be so. Historically, some local governments have used contractors for dog control, security and other activities. At times, if specialised knowledge or skills are warranted, the authorised person might be drawn from a range of professions and may come from the local government itself, or externally.

LGA s9.10

No
  
Regulation 11(1) of the Local Government (Functions and General) Regulations 1996 states that whenever a contract for the supply of goods or services is expected to be worth more than $100,000, tenders must be invited, unless an exemption applies under regulation 11(2).

LGA s3.57; F&GR r11(1)
Yes
1
Procurement, Purchasing, Disposal, TendersProcurement, Purchasing, Disposal, Tenders376

​Regulation 11(1) of the Local Government (Functions and General) Regulations 1996 states that whenever a contract for the supply of goods or services is expected to be worth more than $100,000, tenders must be invited, unless an exemption applies under regulation 11(2).

LGA s3.57; F&GR r11(1)

No
  
No. The fact that the contract needs to be renewed annually implies that in each year it will involve different projects and expenditure levels. This indicates that each year’s contract is separate and unique. Consequently, the value of each new contract would need to be tested against regulation 11(1) of the Local Government (Functions and General) Regulations 1996 to determine whether tenders should be invited.<br /><br />LGA s3.57; F&GR r11(1)
No
2
Procurement, Purchasing, Disposal, TendersProcurement, Purchasing, Disposal, Tenders377

No. The fact that the contract needs to be renewed annually implies that in each year it will involve different projects and expenditure levels. This indicates that each year’s contract is separate and unique. Consequently, the value of each new contract would need to be tested against regulation 11(1) of the Local Government (Functions and General) Regulations 1996 to determine whether tenders should be invited.

LGA s3.57; F&GR r11(1)

No
  
Generally yes, if the contract is worth more than $100,000.

However, regulation 11(2)(b) of the Local Government (Functions and General) Regulations 1996 provides an exemption for insurance services obtained through the purchasing service of WALGA.

LGA s3.57; F&GR r11(2)(b)
Yes
3
Procurement, Purchasing, Disposal, TendersProcurement, Purchasing, Disposal, Tenders378

​Generally yes, if the contract is worth more than $100,000.

However, regulation 11(2)(b) of the Local Government (Functions and General) Regulations 1996 provides an exemption for insurance services obtained through the purchasing service of WALGA.

LGA s3.57; F&GR r11(2)(b)

No
  
It is possible to avoid re-calling tenders if the local government is able to use the exemption provisions of r11(2)(c) of the Local Government (Functions and General) Regulations 1996 and negotiates a contract for the same goods or services within 6 months of calling tenders.

LGA s3.57; F&GR r11(2)(c)
Yes
4
Procurement, Purchasing, Disposal, TendersProcurement, Purchasing, Disposal, Tenders379

​It is possible to avoid re-calling tenders if the local government is able to use the exemption provisions of r11(2)(c) of the Local Government (Functions and General) Regulations 1996 and negotiates a contract for the same goods or services within 6 months of calling tenders.

LGA s3.57; F&GR r11(2)(c)

No
  
The only fixed date and the only one commonly known to all parties is the date on which tenders close. This is the date on which the six month period begins.

LGA s3.57; F&GR r11(2)(c)(i)
Yes
5
Procurement, Purchasing, Disposal, TendersProcurement, Purchasing, Disposal, Tenders380

​The only fixed date and the only one commonly known to all parties is the date on which tenders close. This is the date on which the six month period begins.

LGA s3.57; F&GR r11(2)(c)(i)

No
  
The CEO has 6 months from the date on which tenders closed before further tenders must be invited (e.g. under Section 62(3) of the Interpretation Act 1984, if tenders closed 31/01/2011 the CEO has until 30/07/2011 to enter into a contract without having to re-call tenders).<br /><br />LGA s3.57; F&GR r11(2)(c)(i)<br /><br />To comply with the Regulations, negotiation would need to commence within the 6 month period.
No
6
Procurement, Purchasing, Disposal, TendersProcurement, Purchasing, Disposal, Tenders381

​The CEO has 6 months from the date on which tenders closed before further tenders must be invited (e.g. under Section 62(3) of the Interpretation Act 1984, if tenders closed 31/01/2011 the CEO has until 30/07/2011 to enter into a contract without having to re-call tenders).

LGA s3.57; F&GR r11(2)(c)(i)

To comply with the Regulations, negotiation would need to commence within the 6 month period.

No
  
Each case should be dealt with on its merits. However, it is reasonable to suggest that consideration should be given to issues such as equity and natural justice.<ul><li>If the council is to negotiate with only some of the original tenderers, it should have an objective basis for selecting them, and not selecting others.</li><li>Negotiations with all parties should be on the same issues to give all parties an equal opportunity.</li><li>If the specifications of the goods or services to be supplied under the contract are substantially unchanged from when tenders were invited, the final terms and conditions of the contract should be significantly different from any of the tenders rejected by the council.</li></ul>If the specifications of the goods or services to be supplied under the contract are substantially changed from when tenders were invited, it would be reasonable to say that it is a different proposal and not covered by the exemption allowed in regulation 11(2)(c)(i) of the Local Government (Functions and General) Regulations 1996. Further tenders should be invited.<br /><br />LGA s3.57; F&GR r11(2)(c)(i)
No
7
Procurement, Purchasing, Disposal, TendersProcurement, Purchasing, Disposal, Tenders382

​Each case should be dealt with on its merits. However, it is reasonable to suggest that consideration should be given to issues such as equity and natural justice.

  • If the council is to negotiate with only some of the original tenderers, it should have an objective basis for selecting them, and not selecting others.
  • Negotiations with all parties should be on the same issues to give all parties an equal opportunity.
  • If the specifications of the goods or services to be supplied under the contract are substantially unchanged from when tenders were invited, the final terms and conditions of the contract should be significantly different from any of the tenders rejected by the council.

If the specifications of the goods or services to be supplied under the contract are substantially changed from when tenders were invited, it would be reasonable to say that it is a different proposal and not covered by the exemption allowed in regulation 11(2)(c)(i) of the Local Government (Functions and General) Regulations 1996. Further tenders should be invited.

LGA s3.57; F&GR r11(2)(c)(i)

No