A new regulation 34AE has been inserted into the Local Government
(Administration) Regulations 1996 (made under section 5.102AB of the
Act). This provides for the recovery of payments made in advance to a
council member when a member ceases to hold office (other than through
death) or is suspended from office.
Additionally, a new
regulation 19AA has been inserted into the Local Government (Financial
Management) Regulations 1996 (made under section 6.12 of the Act). This
prohibits a local government from writing a debt of this nature off
without the approval of the Minister. While this prevents a local
government from writing off the debt in the first instance, it still
provides the flexibility to do so when it is appropriate.
Western Australian Local Government Association and Local Government
Professionals Australia WA, were consulted during the drafting of these
regulations in accordance with the State Local Government Partnership
Minor amendments are also being made to Forms 8
and 9 of the Local Government (Elections) Regulations 1997 to reflect
the changes made to section 2.22 of the Act by the Local Government
Amendment (Suspension and Dismissal) Act 2018. This updates the wording
on the reverse of the forms in relation to offences. These amendments
are expected to be gazetted in mid-January 2019. Local governments
should ensure that the amended forms are used for any future elections.
further information, please contact Mr Luke Stevens, Senior Legislation
and Strategy Officer, Department of Local Government, Sport and
Cultural Industries, on (08) 9492 9846 or via email to firstname.lastname@example.org.
Duncan Ord OAM
11 December 2018