Terms of Reference

Inquiry into the City of Perth.

Notice of Appointment of an Inquiry Panel (Local Government Act 1995 S.8.16)

Pursuant to Section 8.16 of the Local Government Act 1995 (the Act), I hereby appoint an Inquiry Panel consisting of one person, Anthony Power, Legal Practitioner, to inquire into and report on the aspects, operations and affairs of the City of Perth in accordance with the terms as to the scope and duration of that inquiry set out hereunder:

City of Perth Inquiry logo

A. Nature of t​​​he Inquiry to be Conducted

  1. ​The Inquiry Panel is to inquire into and report on those aspects, operations and affairs of the City of Perth (including of the Council and the Administration) during the period between 1 October 2015 and 1 March 2018 inclusive, which may be necessary, in order to determine:
    1. ​​whether there has been a failure to provide for the good government of persons in the City of Perth's district;
    2. ​the prospect of such good government being provided in the future (including by reference to whether the Council and Administration has the ability to, and is likely to, do so); and 
    3. any steps which may need to be taken to ensure that such good government does happen in the future.​​​ ​​​​
  2. The Inquiry Panel may inquire into and report on a period, or periods, before 1 October 2015, if it considers that to be necessary, or that it may be necessary, for the purpose of properly discharging its function under paragraph 1 above, and placing the matters inquired into within a relevant context in the circumstances.​
  3. ​​​The Inquiry Panel is (and without limiting the generality of paragraph 1 above) to give due consideration to, and inquire into and report on, the following matters:​
    1. ​​whether there was improper or undue influence by any member, as defined by section 1.4 of the Act (member) of the Council of the City of Perth in administrative tasks, such as recruitment, employee  management and grants administration;
    2. whether any member engaged in improper or unlawful conduct in relation to the performance by the Council or the members of any of their functions and obligations; 
    3. the relationships between the Council, members, the Chief Executive Officer and other employees of the City and the effect of those relationships on the performance of the City's functions and obligations;
    4. sponsorship arrangements between organisations and the City and the acceptance of gifts in the form of tickets to events by members from those organisations; ​ 
    5. governance practices, including adherence to the financial interest provisions of the Local Government Act 1995; ​ 
    6. adequacy and competency of Council decision making.

​B. Functions of the Inquiry Panel

The functions of the Inquiry Panel are as set out in A. above, and for the avoidance of doubt, include to inquire into, report on, and then make the recommendations in relation to the matters the subject of the Inquiry that it considers appropriate (in accordance with its duty under section 8.22 of the Local Government Act 1995).

C. ​Duration of Inquiry​

The Inquiry is to commence on 1 May 2018 and shall present its report and recommendations no later than 2 May 2019.​

Hon David Templeman MLA
MINISTER FOR LOCAL GOVERNMENT;
HERITAGE; CULTURE AND THE ARTS

​D. Notice of Additional Term of Appointment​

(Sections 8.16 and 8.20 of the Local Government Act 1995 and section 8 of the Royal Commissions Act 1968)​

Pursuant to the abovementioned provisions, I hereby declare that section 18 of the Royal Commissions Act 1968 applies to the inquiry panel appointed by me by notice dated 24 April 2018 to conduct an inquiry into the City of Perth.
 

Hon David Templeman MLA
MINISTER FOR LOCAL GOVERNMENT;
HERITAGE; CULTURE AND THE ARTS

E. Notice of Amendment to duration of the Inquiry

​​​Local Government Act 1995 Section 8.16 and 8.17

To: Mr Anthony Power

​​​​I give notice that the Notice of Appointment to Inquire into the City of Perth, dated 24 April 2018, is hereby amended by deleting the passage '2 May 2019' in Part C 'Duration of Inquiry' and inserting in its place the passage '20 January 2020'.

Dated the 5th day of December 2018.

Hon David Templeman MLA
MINISTER FOR LOCAL GOVERNMENT;
HERITAGE; CULTURE AND THE ARTS

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Page reviewed 06 August 2019