Ministerial Circular 3 2018
The Act was developed in consultation with the Western Australian
Local Government Association and Local Government Professionals
Australia (WA) in response to requests from the sector.
amendments provide additional powers to the Minister for Local
Government enabling tailored assistance to be given to a council member
or council. The amendments are designed to protect the public interest
and the system of local government by facilitating a timely intervention
by the Minister.
Specifically, the Minister has the power to
suspend and/or order an individual council member to undertake remedial
action when the Minister is satisfied that it is inappropriate for the
council member to continue to act as a member of council without
The triggers for an intervention are:
fairness will be accorded the council member prior to the use of these
powers and any of the other new powers, through a Show Cause process.
Show Cause Notice will outline the grounds for the proposed use of the
power and provide the council member with an opportunity to respond. The
Minister must consider the member s response prior to any order being
Additionally, the powers of an Inquiry Panel are also
expanded. An Inquiry Panel can now recommend the dismissal of an
individual council member if the Inquiry Panel concludes:
This allows more targeted action to be
taken in lieu of the suspension or dismissal of an entire council. The
amendments mirror the current provisions that apply to a council.
amendments also remove the entitlement of a council member, mayor or
president to receive any sitting fee or allowance under the Local
Government Act 1995 while they are suspended.
when a council member is suspended by either the State Administrative
Tribunal, or by the Minister, and whether suspended as an individual or
as part of an entire council.
Regulations will be enacted
under section 5.102AB of the Local Government Act 1995 to provide for
the recovery of any fees or allowance paid in advance to the member for
the period of suspension.
Additionally, the Minister now has
the ability to recommend dismissal if the Minister is satisfied that the
council member is, or has:
The recommendation and, more
importantly, the basis of the recommendation to dismiss by the Minister,
will be open to public scrutiny through a requirement imposed upon the
Minister to release the report on the day the order to dismiss takes
The dismissed council member will not be prevented
from re-standing for a position on council. This will provide the
electors of the district with the opportunity to make an informed choice
on whether that person is an appropriate person to be their
A series of flow charts which provide an
overview of how these new powers will operate are available on the
Department of Local Government, Sport and Cultural Industries (the
Department) website alongside this circular.
information, please contact Mr Luke Stevens, Senior Legislation and
Strategy Officer at the Department, by telephone on (08) 9492 9846 or
via email to email@example.com.
Do not submit enquiries with this form.