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ARTICLE · 16 NOVEMBER 2020

Developments in local government legislation and governance in Western Australia

HHG Legal Group
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A review of the Local Government Act 1995 (WA) is underway and will certainly consider the issue of council powers.

AustraliaGovernment, Public Sector
Murray Thornhill
Murray Thornhill
Julia McCullagh
Julia McCullagh
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Earlier this week a successful motion was passed in the Legislative Council, by cross-benchers and the Opposition, disallowing the Local Government (Rules of Conduct) Amendment Regulations 2020.   These regulations are subsidiary legislation under the Local Government Act 1995 and set out the rules of conduct for council members.

What instigated the amendment to the regulations

Following the inquiry and report on the operations and affairs of the City of Perth in 2019, it was found that there was an absolute necessity for a clear delineation and separation between the roles of council members and administrative staff.

The role of Council is to govern a local government's affairs and ensure that it carries out its functions under the legislation. Council's role includes the allocation of finances and resources and the determination of policy.  It is the responsibility of the CEO and staff to implement this policy. The CEO and staff undertake administrative

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