Make a minor breach complaint

A minor breach complaint to the Local Government Standards Panel must be made within two years after the alleged breach has occurred.

A completed complaint of minor breach form must be sent to the complaints officer of the relevant local government authority. The person complained about must be a current serving elected member of a local government at the time the complaint is made.

How to complete a complaint of minor breach form

A complaint must contain an allegation that a council member has committed a minor breach (i.e. that they have committed a breach of a rule of conduct). A breach by a council member of his/her local government's code of conduct is not a minor breach.

Complaint details

Identify the name of the person making the complaint, as well as the name of the elected member to have allegedly committed the minor breach and the local government the elected member belongs to.

State the type of complaint

You must state the type of complaint to have occurred under the Local Government (Rules of Conduct) Regulations 2007.

Statement of what happened

Include a narrative statement by the complainant of the issue and circumstances, written in chronological order (i.e. what was actually said and done or not done). This is a statement of the alleged facts. Where possible it should refer to written documents or material where evidence supports the facts. In this statement, limit comments to factual information and avoid including opinions or a personal interpretation of the facts.

Documents to support the allegation

Where possible, originals of the written documents and materials referred to in the statement of alleged facts must be attached to the complaint form. Otherwise, copies may be attached. If the alleged conduct occurred at a council meeting when the proceedings were recorded, this fact should be mentioned. If possible, a copy of the relevant part of the minutes of the meeting, the recording and a typed transcript of that recording should be attached to the complaint.

False or misleading information

Providing false or misleading information in a complaint is an offence and can result in a fine of up to $5000.

Confidentiality of complaints

Section 5.123 of the Local Government Act 1995, provides that it is an offence to disclose any information concerning a complaint of a breach of the Act (minor breach, serious breach or a recurrent breach of the Act) until the matter has been determined, unless the disclosure is required to investigate or deal with the complaint or otherwise permitted by law.

Breaching confidentiality can result in a fine up to $5000.

More information

For enquiries related to the Local Government Standards Panel, please email minorbreachcomplaints@dlgsc.wa.gov.au

Local Government Complaints Officers can also submit complaints via this email address.

Lodge a minor breach complaint

Person making the complaint

This form should be completed by the person making a complaint of a minor breach or a serious breach and should be submitted with the complaint when it is given to the Complaints Officer of the local government concerned (if a minor breach is alleged) or the Director General of the Department of Local Government, Sport and Cultural Industries (if a serious breach is alleged), so that the Standards Panel or the department, as the case requires, can contact the person making the complaint to follow up on and deal with the complaint.

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Page reviewed 13 August 2019