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This instrument provides rules that apply to the conduct of meetings of the Shire of Cocos (Keeling) Islands who are the local government entity, its committees, and electors.
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 11 Sep 2019
Table of contents.

 

 

 

Shire of Cocos (Keeling) Islands Meeting Procedures Local Law 2019

 

 

I, SERIWATI IKU, President of the Shire of Cocos (Keeling) Islands, publish the Shire of Cocos (Keeling) Islands Meeting Procedures Local Law 2019 under subsections 3.12(5) of the Local Government Act 1995 (WA) as applied by the Cocos (Keeling) Islands Act 1955.

 

 

Dated: 4 September 2019

 

 

 

 

___________________________________

Seriwati IKU

 

 


 

 

LOCAL GOVERNMENT ACT 1995 (WA) (CKI)

 

SHIRE OF COCOS (KEELING) ISLANDS

 

MEETING PROCEDURES LOCAL LAW 2019

 

CONTENTS

 

PART 1 - PRELIMINARY

1.1               Citation

1.2               Commencement

1.3               Purpose

1.4               Application of Commonwealth legislation

1.5               Repeal

1.6               Definitions

PART 2 - CALLING AND CONVENING MEETINGS

2.1               Ordinary and special Council meetings

2.2               Calling Council meetings

2.3               Convening Council meetings

2.4               Calling committee meetings

2.5               Public notice of meetings

PART 3 - PRESIDING MEMBER AND QUORUM

3.1               Who presides

3.2               When the Deputy President can act

3.3               Who acts if no President

3.4               Election of presiding members of committees

3.5               Election of deputy presiding members of committees

3.6               Functions of deputy presiding members

3.7               Who acts if no presiding member

3.8               Quorum for meetings

3.9               Reduction of quorum for Council meetings

3.10             Reduction of quorum for committee meetings

3.11             Procedure where no quorum to begin a meeting

3.12             Procedure where quorum not present during a meeting

3.13             Names to be recorded

PART 4 - BUSINESS OF A MEETING

4.1               Business to be specified

4.2               Order of business

4.3               Grant of leave of absence

4.4               Announcements by the presiding member

4.5               Motions of which previous notice has been given

4.6               New business of an urgent nature

4.7               Adoption by exception resolution

PART 5 - PUBLIC PARTICIPATION

5.1               Meetings generally open to the public

5.2               Meetings not open to the public

5.3               Question time for the public

5.4               Question time for the public at certain meetings

5.5               Minimum question time for the public

5.6               Procedures for question time for the public

5.7               Other procedures for question time for the public

5.8               Distinguished visitors

5.9               Deputations

5.10             Petitions

5.11             Presentations

5.12             Participation at committee meetings

5.13             Public inspection of agenda materials

5.14             Confidentiality of information withheld

5.15             Recording of proceedings

5.16             Prevention of disturbance

PART 6 - QUESTIONS BY MEMBERS

6.1               Questions on notice

6.2               Questions during debate

6.3               Restrictions on questions and answers

PART 7 - CONDUCT OF MEMBERS

7.1               Members to be in their proper places

7.2               Official titles to be used

7.3               Entering or leaving a meeting

7.4               Members to indicate their intention to speak

7.5               Priority of speaking

7.6               Presiding member may take part in debates

7.7               Relevance

7.8               Speaking twice

7.9               Duration of speeches

7.10             No speaking after conclusion of debate

7.11             No interruption

7.12             No reopening of discussion

7.13             Personal explanation

7.14             Adverse reflection

7.15             Offensive language

7.16             Withdrawal of offensive language

PART 8 - PRESERVING ORDER

8.1               Presiding member to preserve order

8.2               Point of order

8.3               Procedures on a point of order

8.4               Calling attention to breach

8.5               Ruling by the presiding member

8.6               Continued breach of order

8.7               Right of presiding member to adjourn

PART 9 - DEBATE OF SUBSTANTIVE MOTIONS

9.1               Motions to be stated and in writing

9.2               Complex motions

9.3               Motions to be supported

9.4               Unopposed business

9.5               Only one substantive motion at a time

9.6               Order of call in debate

9.7               Limit of debate

9.8               Member may require motion to be read

9.9               Consent of seconder required for alteration

9.10             Order of amendments

9.11             Form of an amendment

9.12             Amendment must not negate original motion

9.13             Relevance of amendments

9.14             Mover of motion may speak on amendment

9.15             Effect of an amendment

9.16             Withdrawal of motion or amendment

9.17             Right of reply

9.18             Foreshadowing motions

PART 10 - PROCEDURAL MOTIONS

10.1             Permissible procedural motions

10.2             No debate

10.3             Right of reply on substantive motion

10.4             Meeting to proceed to the next business

10.5             Item to be referred or adjourned

10.6             Meeting now adjourn

10.7             Motion or amendment to be put

10.8             Member to be no longer heard

10.9             Ruling of the presiding member to be disagreed with

PART 11 - DISCLOSURE OF INTERESTS

11.1             Disclosure of interests

PART 12 - VOTING

12.1             Motion – when put

12.2             Majorities required for decisions

12.3             Voting

12.4             Method of taking vote

12.5             Recording of votes

PART 13 - MINUTES OF MEETINGS

13.1             Keeping of minutes

13.2             Content of minutes

13.3             Public inspection of unconfirmed minutes

13.4             Confirmation of minutes

PART 14 - REVOKING OR CHANGING DECISIONS

14.1             Requirements to revoke or change decisions

14.2             Limitations on powers to revoke or change decisions

PART 15 - IMPLEMENTING DECISIONS

15.1             Meaning of terms

15.2             Implementing a decision

PART 16 - SUSPENSION OF LOCAL LAW

16.1             Suspension of local law

16.2             Where this local law does not apply

PART 17 - COMMITTEES

17.1             Establishment of committees

17.2             Types of committees

17.3             Appointment of committee members

17.4             Tenure of committee membership

17.5             Appointment of deputies

17.6             Delegation of some powers and duties to certain committees

17.7             Limits on delegation of powers and duties to certain committees

17.8             Resignation of committee members

17.9             Register of delegations to committees

17.10          Committees to report

17.11          Reports of committees – questions

17.12          Permissible motions on committee recommendations

PART 18 - MEETINGS OF ELECTORS

18.1             Electors’ general meetings

18.2             Matters for discussion at electors’ general meetings

18.3             Electors’ special meetings

18.4             Requests for electors’ special meetings

18.5             Convening electors’ meetings

18.6             Who presides at electors’ meetings

18.7             Procedure for electors’ meetings

18.8             Participation of non-electors

18.9             Voting at electors’ meetings

18.10          Minutes of electors’ meetings

18.11          Decisions made at electors’ meetings

PART 19 - ENFORCEMENT

19.1             Penalty for breach

19.2             Who can prosecute

 

 

 


 

 

LOCAL GOVERNMENT ACT 1995 (WA) (CKI)

 

SHIRE OF COCOS (KEELING) ISLANDS

 

MEETING PROCEDURES LOCAL LAW 2019

 

Under the powers conferred by the Local Government Act 1995 (WA) (CKI) and under all other relevant powers, the Council of the Shire of Cocos (Keeling) Islands resolved on 22 May 2019 to adopt the following local law.

 

PRELIMINARY

 

Citation

This local law may be cited as the Shire of Cocos (Keeling) Islands Meeting Procedures Local Law 2019.

 

Commencement

The local law comes into operation 14 days after it is published as a Notifiable Instrument in the Australian Government Federal Register of Legislation.

 

Purpose

(1)   This local law provides rules that apply to the conduct of meetings of –

(a)   the Council;

(b)   its committees; and

(c)   electors.

(2)   All meetings are to be conducted in accordance with the Act, the Regulations and this local law.

(3)   This local law is intended to result in –

(a)   better decision making by the Council and its committees;

(b)   the orderly conduct of meetings dealing with Council and committee business;

(c)   better understanding of the process of conducting meetings; and

(d)   more efficient and effective use of time at meetings.

 

Application of Commonwealth legislation

(1)   In accordance with section 4(1) of the Local Government (Transition) Ordinance 1992, the Territory is a shire for the purposes of the Act.

(2)   In accordance with section 8A and subject to section 8B of the Cocos (Keeling) Islands Act 1955 (Commonwealth), Western Australian legislation is applied to the Territory in accordance with –

(a)   the Cocos (Keeling) Islands Applied Laws Ordinance 1992; and

(b)   the Schedule of applied laws as tabled in Commonwealth Parliament from time to time.

(3)   In accordance with section 8G of the Cocos (Keeling) Islands Act 1955 (Commonwealth), the power or authority is vested in the Minister where a power or authority under any Western Australian law is vested in –

(a)   a Minister of Western Australia; or

(b)   the Governor of Western Australia; or

(c)   the Governor-in-Council of Western Australia.

 

Repeal

The Shire of Cocos (Keeling) Islands Local Law – Standing Orders published in the Territory of Cocos (Keeling) Islands Government Gazette on 23 December 1998 is repealed.

 

Definitions

(1)   In this local law unless the context otherwise requires –

absolute majority has the meaning given to it in section 1.4 of the Act;

Act means the Local Government Act 1995 (WA) (CKI);

CEO means the Chief Executive Officer of the local government;

(CKI) denotes Western Australian legislation modified for the local government in accordance with Applied Laws (General) Ordinance 1992 made under the Cocos (Keeling) Islands Act 1955;

committee means a committee of the Council established under section 5.8 of the Act;

Code of Conduct means the Code of Conduct adopted by the Council;

Council means the Council of the local government;

district means the district of the local government;

employee means a person employed by the local government under section 5.36 of the Act;

local government means the Shire of Cocos (Keeling) Islands;

meeting means a meeting of the Council, a committee of Council or the electors, as the context requires;

member has the meaning given to it in section 1.4 of the Act;

Minister means the Commonwealth Minister responsible for Territories, or person delegated by that Minister in accordance with section 8G(3) of the Cocos (Keeling) Islands Act 1955 (Commonwealth);

President means the President of the local government or other presiding member at a Council meeting under section 5.6 of the Act;

presiding member means –

(a)     in respect of the Council, the person presiding under section 5.6 of the Act; and

(b)     in respect of a committee, the person presiding under sections 5.12, 5.13, and 5.14 of the Act;

Regulations means the Local Government (Administration) Regulations 1996 (WA) (CKI);

Rules of Conduct Regulations means the Local Government (Rules of Conduct) Regulations 2007 (WA) (CKI);

simple majority means more than 50% of the members present and voting;

substantive motion means an original motion or an original motion as amended, but does not include an amendment or a procedural motion; and

Territory has the meaning given to it by section 4 of the Cocos (Keeling) Islands Act 1955.

(2)   Unless otherwise defined in this local law, the terms and expressions used in this local law are to have the meaning given to them in the Act, the Regulations or the Rules of Conduct Regulations.

 

CALLING AND CONVENING MEETINGS

 

Ordinary and special Council meetings

(1)   Ordinary and special Council meetings are dealt with in section 5.3 of the Act.

(2)   An ordinary meeting of the Council, held as determined by the Council, is for the purpose of considering and dealing with the ordinary business of the Council.

(3)   A special meeting of the Council is held for the purpose of considering and dealing with Council business that is urgent, complex in nature, for a particular purpose or confidential.

 

Calling Council meetings

The calling of Council meetings is dealt with in section 5.4 of the Act.

 

Convening Council meetings

(1)   The convening of a Council meeting is dealt with in section 5.5 of the Act.

(2)   Subject to subclause (3), the CEO is to give at least 72 hours notice, for the purposes of section 5.5 of the Act, in convening a special meeting of the Council.

(3)   Where, in the opinion of the President or at least one third of the members, there is a need to meet urgently, the CEO may give a lesser period of notice of a special Council meeting.

 

Calling committee meetings

The CEO is to call a meeting of any committee when requested by the President, the presiding member of a committee or any two members of that committee.

 

Public notice of meetings

Public notice of meetings is dealt with in regulation 12 of the Regulations.

 

PRESIDING MEMBER AND QUORUM

 

Who presides

Who presides at a Council meeting is dealt with in section 5.6 of the Act. 

 

When the Deputy President can act

When the Deputy President can act is dealt with in section 5.34 of the Act.

 

Who acts if no President

Who acts if there is no President is dealt with in section 5.35 of the Act.

 

Election of presiding members of committees

The election of presiding members of committees is dealt with in section 5.12(1) of the Act.

 

Election of deputy presiding members of committees

The election of deputy presiding members of committees is dealt with in section 5.12(2) the Act.

 

Functions of deputy presiding members

The functions of deputy presiding members are dealt with in section 5.13 of the Act.

 

Who acts if no presiding member

Who acts if no presiding member is dealt with in section 5.14 of the Act.

 

Quorum for meetings

The quorum for meetings is dealt with in section 5.19 of the Act.

 

Reduction of quorum for Council meetings

The power of the Minister to reduce the number for a quorum and certain majorities is dealt with in section 5.7 of the Act.

 

Reduction of quorum for committee meetings

The reduction of a quorum for committee meetings is dealt with in section 5.15 the Act.

 

Procedure where no quorum to begin a meeting

The procedure where there is no quorum to begin a meeting is dealt with in regulation 8 of the Regulations.

 

Procedure where quorum not present during a meeting

If at any time during a meeting a quorum is not present, the presiding member is –

(a)   immediately to suspend the proceedings of the meeting for a period of up to 30 minutes;

(b)   if a quorum is not present at the expiry of the suspension period under subclause (a), the presiding member may either adjourn the meeting to some future time or date or may extend the extension period for a further period of 30 minutes; and

(c)   if a quorum is not present at the expiry of that the extended period of suspension under subclause (b), the presiding member is to adjourn the meeting to some future time or date.

 

Names to be recorded

The names of the members then present are to be recorded in the minutes at any meeting –

(a)   at which there is not a quorum present; or

(b)   which is adjourned for want of a quorum.

 

BUSINESS OF A MEETING

 

Business to be specified

(1)   No business is to be transacted at any ordinary meeting of the Council other than that specified in the agenda, without the approval of the presiding member or a decision of the Council.

(2)   No business is to be transacted at a special meeting of the Council other than that given in the notice as the purpose of the meeting.

(3)   No business is to be transacted at a committee meeting other than that specified in the agenda, or in the notice of the meeting as the purpose of the meeting, without the approval of the presiding member or a decision of the committee.

(4)   Where a Council meeting is adjourned to the next ordinary meeting of the Council then, unless the Council resolves otherwise, the business unresolved at the adjourned meeting is to be dealt with prior to any new business at that ordinary meeting.

(5)   Where a committee meeting is adjourned to the next ordinary committee meeting, the business unresolved at the meeting that is adjourned is to be dealt with prior to any new business at that ordinary meeting.

(6)   Where a Council or committee meeting is adjourned to a meeting not described in subclause (4) or (5), no business is to be transacted at that later meeting other than that –

(a)   specified in the notice of the meeting which had been adjourned; and

(b)   which remains unresolved.

 

Order of business

(1)   The order of business of an ordinary meeting of the Council shall be determined by the Council from time to time, and shall include –

1.       Opening –

            1.1        Declaration of Opening

            1.2        Announcements by presiding member relating to the meeting

2.       Record of attendance –

            2.1        Members present

            2.2        Staff attending

            2.3        Apologies

            2.4        Approved leave of absence

            2.5        Members of the public

3.       Disclosures of interests –

            3.1        Financial

            3.2        Proximity

            3.3        Impartiality

4.       Public Question Time –

            4.1       Response to previous public questions from members of the public taken on notice

            4.2        Public questions with notice

            4.3        Public questions without notice

5.       Visitors –

5.1        Petitions

5.2        Presentations

            5.3        Deputations

6.       Applications for leave of absence

7.       Confirmation of Council meeting minutes – ordinary and special meetings

8.       Announcement by presiding member and elected members in accordance with clause 4.4.

9.       Reports requiring decision

10.     Member motions of which previous notice has been given

11.     New business of an urgent nature introduced by decision of the meeting

12.     Matters for which the meeting may be closed to the public –

            12.1      Meeting closed to public

            12.2      Public reading of resolutions made during a closed meeting

13.     Closure of meeting

(2)   The order of business of an ordinary meeting of a committee shall be determined by the committee from time to time, and follow the order of business in subclause (1).

(3)   Unless otherwise decided by the members present, the order of business at any ordinary or special meeting of the Council or at a committee meeting is to be the order in which that business stands in the agenda of the meeting.

(4)   Notwithstanding subclauses (1), (2) and (3), the CEO may include on the agenda of a Council or committee meeting in an appropriate place within the order of business any matter which must be decided, or which he or she considers is appropriate to be decided, by that meeting.

(5)   In determining the order of business for any meeting of the Council or a committee, the provisions of the Act and Regulations relating to the time at which public question time is to be held are to be observed.

 

Grant of leave of absence

The grant of leave of absence is dealt with in section 2.25 of the Act.

 

Announcements by the presiding member

Announcements by the presiding member under item 8 of clause 4.2(1) are –

(a)   to inform the Council of official duties performed, or functions attended, by the President, or of other matters of importance to the Council, of which the Council has not previously been informed;

(b)   to be brief and concise; and

(c)   to be completed within ten minutes.

 

Motions of which previous notice has been given

(1)   Unless the Act, Regulations or this local law otherwise provide, a member may raise at a meeting such business as considered appropriate, in the form of a motion, of which notice has been given in writing to the CEO and which has been included on the agenda.

(2)   A notice of motion under subclause (1) is to be given at least seven business days before the meeting at which the motion is moved.

(3)   A notice of motion is to relate to the good governance of the district.

(4)   The CEO –

(a)   with the concurrence of the President, may exclude from the notice paper any notice of motion deemed to be, or likely to involve, a breach of any of this local law or any other written law;

(b)   will inform members on each occasion that a notice has been excluded and the reasons for that exclusion;

(c)   after consultation with the member where practicable, may make such amendments to the form but not the substance as will bring the notice of motion into due form; and

(d)   may provide to the Council relevant and material facts and circumstances pertaining to the notice of motion on such matters as policy, budget and law.

(5)   A motion of which notice has been given is to lapse unless –

(a)   the member who gave notice of it, or some other member authorised by the originating member in writing, moves the motion when called on; or

(b)   the Council on a motion agrees to defer consideration of the motion to a later stage or date.

(6)   If a notice of motion is given and lapses under subclause (5), notice of a motion in the same terms or to the same effect is not to be given again for at least three months from the date of such lapse.

 

New business of an urgent nature

(1)   In cases of urgency or other special circumstances, matters may, on a motion by the presiding member that is carried by the meeting, be raised without notice and decided by the meeting.

(2)   In subclause (1), “cases of urgency or other special circumstances” means matters that have arisen after the preparation of the agenda that are considered by the presiding member to be of such importance and urgency that they are unable to be dealt with administratively by the local government and must be considered and dealt with by the Council or committee before the next meeting.

 

Adoption by exception resolution

(1)   In this clause, “adoption by exception resolution” means –

(a)   a resolution of the Council that has the effect of adopting, for a number of specifically identified reports, the committee or employee recommendation as the Council resolution; and

(b)   a resolution of a committee that has the effect of adopting, for a number of specifically identified reports, the employee recommendation as the committee resolution.

(2)   The Council or a committee may pass an adoption by exception resolution.

(3)   An adoption by exception resolution may not be used for a matter –

(a)   that requires an absolute or special majority;

(b)   in which a financial or proximity interest has been disclosed;

(c)   that has been the subject of a petition or deputation;

(d)   that is a matter on which a member wishes to make a statement; or

(e)   that is a matter on which a member wishes to move a motion that is different to the recommendation.

 

PUBLIC PARTICIPATION

 

Meetings generally open to the public

Meetings being generally open to the public is dealt with in section 5.23(1) of the Act.

 

Meetings not open to the public

(1)   The CEO may, at any time, recommend that a meeting or part of a meeting be closed to members of the public (other than any person specified in a resolution).

(2)   The Council or a committee, in one or more of the circumstances dealt with in section 5.23(2) of the Act, may at any time, by resolution, decide to close to members of the public a meeting or part of a meeting.

(3)   If a resolution under subclause (2) is carried –

(a)   the presiding member is to direct everyone to leave the meeting except –

(i)     the members; unless a relevant interest is declared;

(ii)    any employee specified by the presiding member; and

(iii)   any other person specified in a resolution; and

(b)   the meeting is to be closed to the public until, at the conclusion of the matter justifying the closure of the meeting to the public, the Council, by resolution, decides otherwise.

(4)   A person who fails to comply with a direction under subclause (3) may, by order of the presiding member, be removed from the meeting.

(5)   A resolution under this clause may be made without notice.

(6)   Unless the Council resolves otherwise, once the meeting is reopened to members of the public, the presiding member is to ensure that –

(a)   any resolution of the Council made while the meeting was closed is to be read out; and

(b)   the vote of a member or members is recorded in the minutes.

 

Question time for the public

Question time for the public is dealt with in section 5.24 of the Act.

 

Question time for the public at certain meetings

Question time for the public at certain meetings is dealt with in regulation 5 of the Regulations.

 

Minimum question time for the public

Minimum question time for the public is dealt with in regulation 6 of the Regulations.

 

Procedures for question time for the public

Procedures for question time for the public are dealt with in regulation 7 of the Regulations.

 

Other procedures for question time for the public

(1)   A member of the public who raises a question during question time, shall –

(a)   state his or her name and address;

(b)   direct the question to the presiding member;

(c)   ask the question briefly and concisely;

(d)   limit any preamble or explanation to matters directly relevant to the question; and

(e)   ensure that the question is not accompanied by any expression of opinion, statement of fact or other comment, except where necessary to explain the question.

(2)   Where a member of the public provides written questions then the presiding member may –

(a)   give that question priority in question time; or

(b)   determine that the question is to be responded to as normal business correspondence.

(3)   A member of the public shall have two minutes to submit a question or questions, unless the presiding member agrees to extend the time permitted.

(4)   Each member of the public with a question is entitled to ask up to two questions before other members of the public will be invited to ask their questions.

(5)   A question may be taken on notice for later response.

(6)   When a question is taken on notice the CEO is to ensure that –

(a)   a response is given to the member of the public in writing; and

(b)   a summary of the response is included in the agenda of the next meeting.

(7)   Where a question relating to a matter in which a relevant person has an interest is directed to the relevant person, the relevant person is to –

(a)   declare that he or she has an interest in the matter; and

(b)   allow another person to respond to the question.

(8)   The presiding member may decide that a public question shall not be responded to where –

(a)   the same or similar question was asked at a previous meeting, a response was provided and the member of the public is directed to the minutes of the meeting at which the response was provided;

(b)   it is in the form of a statement, provided that the presiding member has taken all reasonable steps to assist the member of the public to phrase the statement as a question; or

(c)   the member of the public asks a question that is offensive or defamatory in nature, provided that the presiding member has taken all reasonable steps to have the member of the public phrase the question in a manner that is not offensive or defamatory.

(9)     Where an answer to a question is given at a meeting, a summary of the question and the answer is to be included in the minutes.

(10)  A response to a question –

(a)   is to be brief and concise; and

(b)   is not to be the subject of any discussion, except that if in the opinion of a member, false information or any adverse reflection is contained in any question asked or comments made by a member of the public, then (through the presiding member) the member may correct or clarify the matter.

(11) The presiding member may agree to extend public question time beyond the prescribed 15 minutes, but not more than an additional 15 minutes.

(12)  Where an answer to a question is given at a meeting, a summary of the question and the answer is to be included in the minutes.

(13) A person addressing the meeting is to cease that address immediately after being directed to do so by the presiding member.

(14) A person who fails to comply with a direction of the presiding member under subclause (13) may, by order of the presiding member, be removed from the meeting.

 

Distinguished visitors

If a distinguished visitor is present at a meeting of the Council, the presiding member –

(a)   may acknowledge the presence of the distinguished visitor at an appropriate time during the meeting; and

(b)   may direct that the presence of the distinguished visitor be recorded in the minutes.

 

Deputations

(1)   Any person or group wishing to be received as a deputation by the Council is to either –

(a)   apply, before the meeting, to the CEO for approval; or

(b)   with the approval of the presiding member, at the meeting, address the Council.

(2)   The CEO may either –

(a)   approve the request and invite the deputation to attend a meeting of the Council; or

(b)   refer the request to the Council to decide by simple majority whether or not to receive the deputation.

(3)   Unless the council resolves otherwise, a deputation invited to attend a Council or committee meeting –

(a)   is not to exceed five persons, only two of whom may address the meeting, although others may respond to specific questions from members;

(b)   is not to address the meeting for a period exceeding ten minutes without the prior agreement of the presiding member or resolution of the Council; and

(c)   additional members of the deputation may be allowed to speak with the permission of the presiding member.

(4)   A person addressing the Council is to cease that address immediately –

(a)   after being directed to do so by the presiding member in order to preserve order;

(b)   the time permitted has expired; or

(c)   the presentation has diverged from the purpose of the deputation.

(5)   A person who fails to comply with a direction of the presiding member under subclause (4) may, by order of the presiding member, be removed from the meeting.

(6)   Any matter which is the subject of a deputation to the Council is not to be decided by the Council until the deputation has completed its presentation.

 

Petitions

(1)   A petition to the local government is to –

(a)   be addressed to the President;

(b)   be made by electors of the district;

(c)   state the request on each page of the petition;

(d)   contain the name, address and signature of each elector making the request, and the date each elector signed;

(e)   contain a summary of the reasons for the request; and

(f)    state the name of the person to whom, and an address at which, notice to the petitioners can be given.

(2)   Upon receiving a petition, the local government is to submit the petition to the relevant employee to be included in his or her deliberations and report on the matter that is the subject of the petition, subject to subclause (3).

(3)   At any meeting, the Council is not to vote on any matter that is the subject of a petition presented to that meeting, unless –

(a)   the matter is the subject of a report included in the agenda; and

(b)   the Council has considered the issues raised in the petition.

 

Presentations

(1)   In this clause, a presentation means the acceptance of a gift or an award by the Council on behalf of the local government or the community.

(2)   A presentation may be made to the Council at a meeting only with the prior approval of the President or CEO.

 

Participation at committee meetings

(1)   In this clause a reference to a person is to a person who –

(a)   is entitled to attend a committee meeting;

(b)   attends a committee meeting; and

(c)   is not a member of that committee.

(2)   A member may attend any meeting of a committee of which he or she is not a member or the deputy of a member, as an observer, but is to sit separated from the committee members.

(3)   Without the consent of the presiding member, no person is to address a committee meeting.

(4)   The presiding member of a committee may allow a person to address the committee.

(5)   A person addressing the committee with the consent of the presiding member is to cease that address immediately after being directed to do so by the presiding member.

(6)   A person who fails to comply with a direction of the presiding member under subclause (5) may, by order of the presiding member, be removed from the meeting.

(7)   The Council may make a policy dealing with the circumstances in which a person may be given consent to address a committee meeting.

 

Public inspection of agenda materials

The right of the public to inspect the documents relating to a Council or committee meeting are dealt with in regulation 14 of the Regulations.

 

Confidentiality of information withheld

(1)   Information withheld by the CEO from the public under regulation 14(2) of the Regulations is to be –

(a)   identified in the agenda of a Council or a committee meeting under the item “Matters for which meeting may be closed”;

(b)   marked “Confidential” in the agenda; and

(c)   kept confidential by members and employees until the Council resolves or the CEO determines otherwise.

(2)   A member or an employee who has confidential information under subclause (1) or information that is provided or disclosed during a meeting or part of a meeting that is closed to the public is not to disclose any of that information to any person other than another member or an employee to the extent necessary for the purpose of carrying out his or her duties.

(3)   Subclause (2) does not prevent a member or employee from disclosing information –

(a)   at a closed meeting;

(b)   to the extent specified by the Council and subject to such other conditions as the Council decides;

(c)   that is already in the public domain;

(d)   to an officer of –

(i)     the Commonwealth Government department having responsibility for Territories; or

(ii)    the Western Australian Government department having responsibility for local government;

(e)   to the Minister;

(f)    to a legal practitioner for the purpose of obtaining legal advice; or

(g)   if the disclosure is required or permitted by law.

 

Recording of proceedings

(1)   A person is not to use any electronic, visual or audio recording device or instrument to record the proceedings of the Council without the permission of the presiding member.

(2)   If a person is permitted to record proceeding under this clause, the presiding member is to advise the meeting, immediately before the recording is commenced, that such permission has been given and the nature and extent of that permission.

 

Prevention of disturbance

(1)   A reference in this clause to a “person” is to a person other than a member.

(2)   A person addressing the Council or a committee shall extend due courtesy and respect to the Council or committee and the processes under which it operates and shall comply with any direction by the presiding member.

(3)   A person present at or observing a meeting shall not create a disturbance at a meeting, by interrupting or interfering with the proceedings, whether by expressing approval or dissent, by conversing or by any other means.

(4)   A person shall ensure that his or her mobile telephone or audible pager is not audible or used during any meeting of the Council or a committee.

(5)   The presiding member may warn a person who fails to comply with this clause.

(6)   The presiding member may expel a person from the meeting by ordering the person to leave the meeting room, if –

(a)   after being warned, the person again acts contrary to this clause, or to this local law; or

(b)   a person refuses or fails to comply with a direction of the presiding member.

(7)   A person who is ordered to leave the meeting room and fails to do so may by order of the presiding member, be removed from the meeting room, and if the presiding member orders, from the premises.

(8)   A person in breach of this clause is subject to the penalties specified in clause 19.1.

 

QUESTIONS BY MEMBERS

 

Questions on notice

(1)   A member who wishes to ask a question at a meeting of the Council is to give to the CEO written notice of the text of the question at least seven business days before the meeting.

(2)   If the CEO considers that the question breaches or may breach this local law or any other law, the CEO shall –

(a)   exclude the question from the agenda; and

(b)   give all members, as soon as practicable but not later than the next ordinary meeting, the reasons for the exclusion.

(3)   Notice of a question that is not withdrawn or excluded under subclause (1) is to be included, if practicable, in the agenda of the meeting, or is otherwise to be tabled at the meeting.

(4)   Every question and answer is to be submitted as briefly and concisely as possible and no discussion is to be allowed, unless with the consent of the presiding member.

 

Questions during debate

(1)   At any time during the debate on a motion before the motion is put, a member may with the consent of the presiding member, may ask one or more questions.

(2)   Where possible the employee shall endeavour to answer the question to the best of his or her knowledge and ability, however, if the information is unavailable or the answer requires research or investigation, the employee may ask that –

(a)   the question be placed on notice for the next meeting of Council; and

(b)   the answer to the question be given to the member who asked it within 14 days.

 

Restrictions on questions and answers

(1)   Every question and answer –

(a)   is to be brief and concise; and

(b)   is not to be accompanied by discussion, except to the extent necessary to explain the question or answer.

(2)   There shall not be any further question or discussion, except with the consent of the presiding member.

(3)   In answering any question, an employee may qualify his or her answer and may at a later time in the meeting or at a subsequent meeting alter, correct, add to or otherwise amend the original answer.

 

CONDUCT OF MEMBERS

 

Members to be in their proper places

(1)   At Council meetings, members shall be seated in the order as determined by Council following each ordinary election, or until such time as there is a call by a majority of members for a re-allotment of positions.

(2)   Each member is to occupy his or her allotted position at each Council meeting.

 

Official titles to be used

A speaker, when referring to the President, Deputy President or presiding member, or a member or employee, is to use the title of that person’s office.

 

Entering or leaving a meeting

(1)   During the course of a meeting, a member is not to enter or leave the meeting without first giving and appropriate indication to the presiding member, in order to facilitate the recording in the minutes of the time of entry or departure, and ensuring a quorum is present in the meeting.

(2)   Where a member is leaving a meeting and does not intend to return, the member is to advise the presiding member of such prior to departing.

 

Members to indicate their intention to speak

A member who wishes to speak at a meeting –

(a)   is to indicate his or her intention to speak by raising his or her hand or by another method agreed by the Council; and

(b)   when invited by the presiding member to speak, shall address the meeting through the presiding member.

 

Priority of speaking

(1)   At a Council or a committee meeting where two or more members indicate their intention to speak at the same time, the presiding member is to decide which member is entitled to be heard first.

(2)   At a committee meeting, the presiding member is first to invite committee members to speak followed by other members and attendees at the discretion of the presiding member.

(3)   A member is to cease speaking immediately after being asked to do so by the presiding member.

(4)   A decision of the presiding member under this clause is not open to discussion or dissent.

 

Presiding member may take part in debates

The presiding member may take part in a discussion of any matter before the meeting, subject to compliance with this local law.

 

Relevance

(1)   A member is to restrict his or her remarks to –

(a)   the motion or amendment under discussion;

(b)   a personal explanation; or

(c)   a point of order.

(2)   The presiding member may at any time –

(a)   call the attention of the meeting to –

(i)     any irrelevant, repetitious, offensive or insulting language by a member; or

(ii)    any breach of order by a member; and

(b)   direct that member, if speaking, to discontinue his or her speech.

(3)   A member is to comply with the direction of the presiding member under subclause (2) by immediately ceasing to speak.

 

Speaking twice

Without the consent of the presiding member, a member is not to address the Council more than once on any motion or amendment except –

(a)   as the mover of a substantive motion, to exercise a right of reply;

(b)   to raise a point of order; or

(c)   to make a personal explanation.

 

Duration of speeches

A member is not to speak on any matter for more than five minutes without the consent of the Council which, if given, is to be given without discussion.

 

No speaking after conclusion of debate

A member is not to speak on any motion or amendment –

(a)   after the mover has replied; or

(b)   after the motion has been put.

 

No interruption

A member is not to interrupt another member who is speaking unless –

(a)   to raise a point of order;

(b)   to call attention to the absence of a quorum;

(c)   to make a personal explanation under clause 7.13; or

(d)   to move a procedural motion that the member be no longer heard under clause 10.1.

 

No reopening of discussion

A member is not to reopen discussion on any Council or committee decision, except to move that the decision be revoked or changed under Part 14.

 

Personal explanation

(1)   A member who wishes to make a personal explanation relating to a matter referred to by another member who is then speaking is to indicate to the presiding member his or her intention to make a personal explanation.

(2)   The presiding member is to determine whether the personal explanation is to be heard immediately or at the conclusion of the speech by the other member.

(3)   A member making a personal explanation is to confine his or her observations to a succinct statement relating to a specific part of the speech at which he or she may have been misunderstood.

 

Adverse reflection

(1)   A member is not to reflect adversely on a decision of the Council except on a motion that the decision be revoked or changed under Part 14, unless the meeting resolves, without debate, that the matter before the meeting cannot otherwise be adequately considered.

(2)   Unless the meeting resolves, without debate, that the motion then before the meeting cannot otherwise be adequately considered, a member is not –

(a)   to reflect adversely on the character or actions of another member or employee; or

(b)   to impute any motive to a member or employee; or

(c)   use an expression that is offensive or objectionable.

 

Offensive language

(1)   A member is not to use offensive or insulting expressions in reference to any member, employee or other person.

(2)   Immediately after their use, if a member specifically requests that any particular words used by a member be recorded in the minutes –

(a)   the presiding member is to cause the words used to be taken down and read to the meeting for verification; and

(b)   the Council may, by resolution, decide to record those words in the minutes.

 

Withdrawal of offensive language

(1)   A member shall withdraw the expression and make a satisfactory apology when directed by the presiding member, if the presiding member is of the opinion that an expression used by the member –

(a)   in the absence of a resolution under subclause 7.14(2) –

(i)     reflects adversely on the character or actions of another member or employee; or

(ii)    imputes any motive to a member or employee; or

(b)   is offensive or insulting.

(2)   If a member fails to comply with a direction of the presiding member under subclause (1), the presiding member may refuse to hear the member further on the matter then under discussion and call on the next speaker.

 

PRESERVING ORDER

 

Presiding member to preserve order

(1)   The presiding member is to preserve order, and, whenever considered necessary, may call any member to order.

(2)   When the presiding member speaks during a debate, any member then speaking, or indicating that he or she wishes to speak, and every member present is to preserve strict silence so that the presiding member may be heard without interruption.

(3)   Subclause (2) is not to be used by the presiding member to exercise the right provided in clause 7.6, but to preserve order.

 

Point of order

(1)   At any time, a member may draw the attention of the presiding member, by way of a point of order, to a breach of –

(a)   this local law; or

(b)   any other written law.

(2)   Examples of valid points of order are –

(a)   a speaker’s remarks not being relevant to the motion or amendment being debated (see clause 7.7); and

(b)   a speaker’s use of offensive or objectionable expressions (see clauses 7.14 and 7.15).

(3)   Despite anything in this local law to the contrary, a point of order –

(a)   takes precedence over any discussion; and

(b)   until determined, suspends the consideration or discussion of any other matter.

 

Procedures on a point of order

(1)   A member who is addressing the meeting is not to be interrupted except on a point of order.

(2)   A member interrupted on a point of order shall not continue until permitted, but is to remain silent until –

(a)   the member raising the point of order has been heard; and

(b)   the presiding member has ruled on the point of order.

 

Calling attention to breach

A member may, at any time, draw the attention of the presiding member to any breach of this local law.

 

Ruling by the presiding member

(1)   The presiding member is to rule on any point of order which is raised by either upholding or rejecting the point of order.

(2)   A ruling by the presiding member on a point of order is to be final unless the majority of members then present and voting, dissent from the ruling on a motion moved immediately after the ruling.

(3)   Subject to a motion of dissent being carried under subclause (2), if the presiding member rules that –

(a)   any motion, amendment or other matter before the meeting is out of order, it is not to be considered further; and

(b)   a statement made or act done by a member is out of order, the presiding member may require the member to make an explanation, retraction or apology.

 

Continued breach of order

The presiding member may direct the member to refrain from taking any further part in the debate of the item, other than by voting, and the member is to comply with that direction, if a member –

(a)   persists in any conduct that the presiding member had ruled is out of order; or

(b)   fails or refuses to comply with a direction from the presiding member (such as a direction under clauses 7.7(2)(b), 7.16 or 8.5(3)(b)).

 

Right of presiding member to adjourn

(1)   For the purpose of preserving or regaining order, the presiding member may adjourn the meeting for a period up to 30 minutes.

(2)   On resumption, the debate is to continue at the point at which the meeting was adjourned.

(3)   If, at any one meeting, the presiding member adjourns the meeting more than once for the purpose of preserving or regaining order, the second or subsequent adjournment may be to a later time on the same day or to another day.

 

DEBATE OF SUBSTANTIVE MOTIONS

 

Motions to be stated and in writing

Any member who wishes to move a substantive motion or an amendment to a substantive motion –

(a)   is to state the substance of the motion before speaking to it; and

(b)   is to put the motion or amendment in writing if –

(i)     in the opinion of the presiding member, the motion or amendment is significantly different to the relevant written recommendation before the meeting); or

(ii)    he or she is otherwise required to do so by the presiding member.

 

Complex motions

The presiding member may require that a complex substantive motion, or a complex amendment to a substantive motion, is to be broken down and put in the form of more than one motion or amendment, each of which is to be put in sequence.

 

Motions to be supported

(1)   A substantive motion or an amendment to a substantive motion is not open to debate until it has been seconded.

(2)   Where a motion or amendment has not been seconded, it is to be declared lapsed.

(3)   A motion to revoke or change a decision made at a Council meeting is not open to debate unless the motion has the support required under regulation 10 of the Regulations.

 

Unopposed business

(1)   Immediately after a substantive motion has been moved and seconded, the presiding member may ask the meeting if any member opposes it.

(2)   If no member opposes the motion, the presiding member may put the motion to the vote without debate.

(3)   A motion declared carried under this clause is to be recorded in the minutes as a unanimous decision of the Council or committee.

(4)   This clause does not apply –

(a)   if a member opposes a motion; or

(b)   to a motion to revoke or change a decision which has been made at a Council or committee meeting.

 

Only one substantive motion at a time

(1)   When a substantive motion is under debate at a Council or committee meeting, no further substantive motion is to be accepted.

(2)   The Council or committee is not to consider more than one substantive motion at any time.

 

Order of call in debate

The presiding member

(a)   is to manage debate in any manner considered appropriate to fully consider and determine the business before Council, and

(b)   may call speakers to a substantive motion or amendment in the following order –

                 (i)        the mover to state the motion;

                (ii)        a seconder to the motion;

               (iii)        the mover to speak to the motion;

               (iv)        the seconder to speak to the motion;

                (v)        a speaker against the motion;

               (vi)        a speaker for the motion;

              (vii)        other speakers against and for the motion, alternating where possible; and

             (viii)        mover takes right of reply which closes debate.

 

Limit of debate

The presiding member may offer the right of reply and put a substantive motion to the vote if he or she believes that sufficient discussion has taken place even though all members may not have spoken.

 

Member may require motion to be read

A member may require the motion under discussion to be read at any time during a debate, but not so as to interrupt any other member who is speaking.

 

Consent of seconder required for alteration

The mover of a substantive motion may not alter the wording of the motion without the consent of the seconder.

 

Order of amendments

Any number of amendments may be proposed to a substantive motion, but when an amendment is moved to a substantive motion, no second or subsequent amendment is to be moved or considered until the first amendment has been withdrawn, carried or lost.

 

Form of an amendment

An amendment shall add, delete, or substitute words to the substantive motion.

 

Amendment must not negate original motion

An amendment to a substantive motion cannot negate the original motion or the intent of the original motion.

 

Relevance of amendments

Each amendment is to be relevant to the motion in respect of which it is moved.

 

Mover of motion may speak on amendment

Any member may speak during debate on an amendment consistent with clause 9.6(b).

 

Effect of an amendment

If an amendment to a substantive motion is carried, the motion as amended then becomes the substantive motion, on which any member may speak and any further amendment may be moved.

 

Withdrawal of motion or amendment

(1)   The Council or a committee may, without debate, grant leave to withdraw a motion or amendment on the request of the mover of the motion or amendment, if –

(a)   the request has the approval of the seconder; and

(b)   there is no voice expressed to the contrary by any member.

(2)   If subclause (1)(a) or (b) applies, discussion on the motion or amendment is to continue.

(3)   Where an amendment has been proposed to a substantive motion, the substantive motion is not to be withdrawn, except by consent of the majority of members present, until the amendment proposed has lapsed, been withdrawn or lost.

 

Right of reply

(1)   The mover of a substantive motion has the right of reply.

(2)   The mover of any amendment to a substantive motion has a right of reply.

(3)   The right of the reply may only be exercised –

(a)   where no amendment is moved to the substantive motion, at the conclusion of the discussion on the motion; or

(b)   where one or more amendments have been moved to the substantive motion, at the conclusion of the discussion on the substantive motion and any amendments.

(4)   After the mover of the substantive motion has commenced the reply –

(a)   no other member is to speak on the motion;

(b)   there is to be no further discussion on, or any further amendment to, the motion.

(5)   The right of the reply is to be confined to rebutting arguments raised by previous speakers and no new matter is to be introduced.

(6)   At the conclusion of the right of reply, the substantive motion, or the substantive motion as amended, is immediately to be put to the vote.

 

Foreshadowing motions

(1)   Should a member wish to indicate to the meeting a substantive motion that either negates or adds to a motion without having moved an amendment, in order to have the meeting consider a new substantive motion on the matter, the member may foreshadow the new substantive motion prior to the right of reply.

(2)   The presiding member may accept a foreshadowed alternative recommendation.

(3)   In accordance with clauses 9.5 and 9.10, a foreshadowed motion or amendment shall not be discussed until the substantive motion or amendment under consideration has been determined.

(4)   Once the substantive motion or amendment under consideration is determined, the presiding member will call upon the member who foreshadowed the new substantive motion to move the proposed motion.

(5)   Once moved and seconded, the foreshadowed motion becomes the substantive motion and the same procedures and rules of debate apply to this motion as any other motion.

(6)   If more than one foreshadowed motion is proposed for any item before the meeting, the presiding member shall deal with them in the order in which they were presented.

 

PROCEDURAL MOTIONS

 

Permissible procedural motions

In addition to the right to move an amendment to a substantive motion a member may move the following procedural motions –

(a)   that the meeting proceed to the next item of business;

(b)   that the item be referred or adjourned to a Council or committee meeting;

(c)   that the meeting now adjourn;

(d)   that the motion or amendment be now put;

(e)   that the member be no longer heard;

(f)    that the ruling of the presiding member be disagreed with; or

(g)   that the meeting be closed to the public (see clause 5.2).

 

No debate

(1)   The mover of a motion specified in clause 10.1(a), (b), (c), (f) or (g) may speak to the motion for not more than two minutes, the seconder is not to speak other than to formally second the motion, and there is to be no debate on the motion.

(2)   The mover of a motion specified in clause 10.1(d) or (e) may not speak to the motion, the seconder is not to speak other than to formally second the motion, and there is to be no debate on the motion.

 

Right of reply on substantive motion

The carrying of a procedural motion which closes debate on the substantive motion or amendment and forces a decision on the substantive motion or amendment does not deny the right of reply to the mover of the substantive motion.

 

Meeting to proceed to the next business

(1)   A motion “that the meeting proceed to the next item of business”, if carried, has the effect that –

(a)   the debate on the substantive motion or amendment ceases immediately;

(b)   no decision is made on the substantive motion;

(c)   the Council moves to the next item of business; and

(d)   there is no requirement for the matter to be raised again for consideration.

(2)   No person who has moved, seconded, or spoken for or against the substantive motion, or any amendment to the substantive motion, may move that “the meeting proceed to the next item if business”.

 

Item to be referred or adjourned

A motion that “the item be referred or adjourned” –

(a)   is to state the time and date or circumstances to which the debate is to be referred or adjourned; and

(b)   if carried, has the effect that all debate on the substantive motion or amendment ceases immediately, but continues at the meeting and time stated in the motion.

 

Meeting now adjourn

(1)   A member is not to move or second more than one motion of adjournment during the same sitting of the Council.

(2)   Before putting the motion for the adjournment of the Council, the presiding member may seek leave of the Council to deal first with matters that may be the subject of an adoption by exception resolution under clause 4.7.

(3)   A motion “that the meeting now adjourn” –

(a)   is to state the time and date or circumstances to which the meeting is to be adjourned; and

(b)   if carried, has the effect that the meeting is adjourned to the time and date or circumstances specified in the motion.

(4)   A meeting adjourned under subclause (3) is to continue from the point at which it was adjourned, unless the presiding member or the meeting determines otherwise.

 

Motion or amendment to be put

(1)   If the motion “that the motion be now put” is carried during debate on a substantive motion without amendment, the presiding member is to offer the right of reply and then put the motion to the vote without further debate.

(2)   If the motion “that the amendment be now put” is carried during discussion of an amendment, the presiding member is to put the amendment to the vote without further debate.

(3)   The motion “that the motion (or amendment) be now put”, if lost, causes debate to continue.

(4)   No person who has moved, seconded, or spoken for or against the substantive motion, or any amendment to the substantive motion, may move a motion “that the motion be now put”.

 

Member to be no longer heard

If the motion “that the member be no longer heard” is carried, the speaker against whom the motion has been moved cannot speak further on the current substantive motion, or any amendment relating to it, except to exercise the right of reply if he or she is the mover of the substantive motion.

 

Ruling of the presiding member to be disagreed with

If the motion “that the ruling of the presiding member be disagreed with”, is carried, that ruling is to have no effect and the meeting is to proceed accordingly.

 

DISCLOSURE OF INTERESTS

 

Disclosure of interests

Disclosure of interests is dealt with in Division 6 of Part 5 of the Act, the Regulations, the Rules of Conduct Regulations and the Code of Conduct.

 

VOTING

 

Motion – when put

(1)   Immediately after the debate on any motion is concluded and the right of reply has been exercised, the presiding member –

(a)   is to put the motion to the meeting; and

(b)   if requested by any member, is to again state the terms of the motion.

(2)   A member is not to leave the meeting when the presiding member is putting any motion.

 

Majorities required for decisions

The majorities required for decisions of the Council and committees are dealt with in sections 1.4, 1.9 and 1.10 of the Act.

 

Voting

Voting is dealt with in section 5.21 of the Act and regulation 9 of the Regulations.

 

Method of taking vote

(1)   In taking the vote on any motion or amendment the presiding member –

(a)   is to put the motion, first in the affirmative, and then in the negative;

(b)   may put the motion in this way as often as may be necessary to enable determination whether the affirmative or the negative has the majority of votes;

(c)   may accept a vote on the voices or may require a show of hands; and

(d)   subject to this clause, is to declare the result.

(2)   If a member calls for a show of hands, the result of the vote is to be determined on the count of raised hands.

(3)   If a member of council or a committee specifically requests that the details of the vote on a matter voted on at a meeting of the council or committee be recorded, the person presiding is to cause the vote or votes as the case may be, be recorded in the minutes of –

(a)   his or her vote; or

(b)   the vote of all members present.

 

Recording of votes

Recording of votes is dealt with in section 5.21(4) of the Act.

 

MINUTES OF MEETINGS

 

Keeping of minutes

The keeping and confirmation of minutes are dealt with in section 5.22 of the Act.

 

Content of minutes

(1)   The content of minutes is dealt with in regulation 11 of the Regulations.

(2)   In addition to the matters required by regulation 11 of the Regulations, the minutes of a Council meeting is to include, where an application for approval is refused or the authorisation of a licence, permit or certificate is withheld or cancelled, the reasons for the decision.

 

Public inspection of unconfirmed minutes

The public inspection of unconfirmed minutes is dealt with in regulation 13 of the Regulations.

 

Confirmation of minutes

(1)   The CEO is to give to each member the unconfirmed minutes of –

(a)   a Council meeting – within ten business days after the meeting; and

(b)   a committee meeting – within five business days after the meeting.

(2)   If a member is dissatisfied with the accuracy of the draft minutes, the member may provide the CEO with a written copy of the alternative wording to amend the draft minutes no later than five business days before the meeting where the minutes are to be confirmed.

(3)   At that meeting, at the time for confirmation of minutes –

(a)   the member who provided the alternative wording shall, –

(i)     state the item or items with which he or she is dissatisfied; and

(ii)    propose a motion clearly outlining the alternative wording to amend the minutes.

(b)   members shall not discuss items of business contained in the minutes, other than discussion as to their accuracy as a record of the proceedings.

 

REVOKING OR CHANGING DECISIONS

 

Requirements to revoke or change decisions

(1)   The requirements to revoke or change a decision made at a meeting are dealt with in regulation 10 of the Regulations.

(2)   For avoidance of doubt, this Part applies to committees exercising delegated authority of Council.

 

Limitations on powers to revoke or change decisions

(1)   Subject to subclause (2), the Council or a committee is not to consider a motion to revoke or change a decision –

(a)   where, at the time the motion is moved or notice is given, any action has been taken under clause 15.2 to implement the decision; or

(b)   where the decision is procedural in its form or effect.

(2)   The Council or a committee may consider a motion to revoke or change a decision of the kind described in subclause (1)(a) or (b) if the motion is accompanied by a written statement by or on behalf of the CEO, of the legal and financial consequences of the motion being carried.

 

IMPLEMENTING DECISIONS

 

Meaning of terms

In this Part –

authorisation means a licence, permit, approval or other means of authorising a person to do anything;

implement, in relation to a decision, includes –

(i)     communicate notice of the decision to a person affected by, or with an interest in, the decision; and

(ii)    take any other action to give effect to the decision; and

valid notice of revocation motion means a notice of motion to revoke or change a decision that –

(i)     complies with the requirements of the Act, Regulations and the Local Laws and may be considered, but has not yet been considered, by the Council or a committee as the case may be; and

(ii)    if carried and implemented, would result in the decision being revoked or being substantially different.

 

Implementing a decision

(1)   A decision made at a meeting is not to be implemented by the CEO or any other person –

(a)   subject to subclause (2), until the afternoon of the first business day after the commencement of the meeting at which the decision was made; or

(b)   if the CEO or that person is given a valid notice of revocation motion before commencing any implementation action; and

(c)   unless and until the valid notice of revocation motion has been determined by the Council or the committee as the case may be.

(2)   The Council or a committee may, by resolution carried at the same meeting at which a decision was made, direct the CEO or another person to take immediate action to implement the decision.

(3)   The CEO is to ensure that members of the public attending the meeting are informed by an appropriate notice at the commencement of both agenda and minutes of the meeting, that a decision to grant an authorisation –

(a)   is to take effect only in accordance with this clause; and

(b)   cannot be acted upon by the person who has been granted the authorisation unless and until the decision has been implemented in accordance with this clause.

 

SUSPENSION OF LOCAL LAW

 

Suspension of local law

(1)   A member may at any time move that the operation of one or more of clauses of this local law be suspended.

(2)   A member moving a motion under subclause (1) is to identify the clause or clauses to be suspended, and state the reasons for the motion, but no other discussion is to take place.

 

Where this local law does not apply

(1)   The presiding member is to decide any question relating to the conduct of the meeting in situations where –

(a)   one or more provisions of this local law have been suspended; or

(b)   a matter is not regulated by the Act, the Regulations or this local law.

(2)   The decision of the presiding member under subclause (1) is final, except where a motion is moved and carried under clause 10.9.

(3)   Notwithstanding the provisions of subclause (1), the presiding member may call for a vote on a ruling open to him or her under subclause (1).

(4)   The vote is to be taken without a motion and without debate and the presiding member shall be bound by the outcome of the vote.

 

COMMITTEES

 

Establishment of committees

(1)   The establishment of committees is dealt with in section 5.8 of the Act.

(2)   A Council resolution, or successive resolutions, to establish a committee under section 5.8 of the Act is to include –

(a)   the terms of reference of the committee;

(b)   the number of Council members, employees and other persons to be appointed to the committee;

(c)   the names or titles of the Council members and employees to be appointed to the committee;

(d)   the names of other persons to be appointed to the committee or an explanation of the procedure to be followed to determine the appointments; and

(e)   details of the delegation of any powers or duties to the committee under section 5.16 of the Act.

(3)   A Committee established by Council ceases to exist at the first meeting held after the next following ordinary local government election.

(4)   Council may re-establish a Committee by resolution until the first meeting held after the next following ordinary local government election.

 

Types of committees

The types of committees are dealt with in section 5.9 of the Act.

 

Appointment of committee members

The appointment of committee members is dealt with in sections 5.10 of the Act.

 

Tenure of committee membership

Tenure of committee membership is dealt with in section 5.11 of the Act.

 

Appointment of deputies

The appointment of a person to be a deputy of a member of committee is dealt with in section 5.11A of the Act.

 

Delegation of some powers and duties to certain committees

The delegation of some powers and duties to certain committees is dealt with in section 5.16 of the Act.

 

Limits on delegation of powers and duties to certain committees

The limits on the delegation of powers and duties to certain committees are dealt with in section 5.17 of the Act.

 

Resignation of committee members

The resignation of committee members is dealt with in regulation 4 of the Regulations.

 

Register of delegations to committees

The register of delegations to committees is dealt with in section 5.18 of the Act.

 

Committees to report

A committee –

(a)   is answerable to the Council;

(b)   is to report on its activities when, and to the extent, required by the Council; and

(c)   is to prepare and submit to the Council a report containing recommendations.

 

Reports of committees – questions

Where a recommendation of a committee is submitted for adoption by the Council, any Council member may direct questions directly relating to the recommendation, through the presiding member, to the presiding member of the committee or to any elected member in attendance who is a member of the committee.

 

Permissible motions on committee recommendations

A recommendation made by a committee may be –

(a)   adopted by the Council without amendment;

(b)   rejected by the Council and replaced by an alternative decision;

(c)   amended, and adopted as amended, by the Council; or

(d)   referred back to the committee for further consideration.

 

MEETINGS OF ELECTORS

 

Electors’ general meetings

Electors’ general meetings are dealt with in section 5.27 of the Act.

 

 

Matters for discussion at electors’ general meetings

The matters to be discussed at electors’ general meetings are dealt with in regulation 15 of the Regulations.

 

Electors’ special meetings

Electors’ special meetings are dealt with in section 5.28 of the Act.

 

Requests for electors’ special meetings

Requests for electors’ special meetings are dealt with in regulation 16 of the Regulations.

 

Convening electors’ meetings

Convening electors’ meetings is dealt with in section 5.29 of the Act.

 

Who presides at electors’ meetings

Who presides at electors’ meetings is dealt with in section 5.30 of the Act.

 

Procedure for electors’ meetings

(1)   The procedure for electors’ meetings is dealt with in section 5.31 of the Act and regulation 18 of the Regulations.

(2)   In exercising his or her discretion to determine the procedure to be followed at an electors’ meeting, the presiding member is to have regard to this local law.

 

Participation of non-electors

A person who is not an elector of the local government shall not take part in any discussion at an electors’ meeting unless the meeting, by resolution, permits the person do so.

 

Voting at electors’ meetings

Voting at electors’ meetings is dealt with in section 5.31 of the Act and regulation 17 of the Regulations.

 

Minutes of electors’ meetings

Minutes of electors’ meetings are dealt with in section 5.32 of the Act.

 

Decisions made at electors’ meetings

Decisions made at electors’ meetings are dealt with in section 5.33 of the Act.

 

ENFORCEMENT

 

Penalty for breach

(1)   A person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence.

(2)   Any person who commits an offence under this local law is liable to a penalty up to $1,000, and if the breach is of a continuing nature, a further penalty of up to $100 in respect of each day during which the offence has continued.

 

Who can prosecute

Who can prosecute is dealt with in section 9.24 of the Act.

 

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