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LOCAL GOVERNMENT ACT 1995 - SCHEDULE 2.5

LOCAL GOVERNMENT ACT 1995 - SCHEDULE 2.5

[Section 2.44(2)]

1 .         Term used: member

                In this Schedule, unless the contrary intention appears —

        member means a member of the Advisory Board.

2 .         Membership of Advisory Board

                The Advisory Board consists of 5 members appointed by the Governor of whom —

            (a)         one person is nominated by the Minister; and

            (b)         2 persons are to be persons having experience as a member of a council appointed from a list submitted to the Minister by WALGA under clause 4(1); and

            (c)         one person is to be a person having experience as the chief executive officer of a local government appointed from a list submitted to the Minister by the Local Government Professionals Australia (WA) under clause 4(2); and

            (d)         one person is to be an officer of the Department nominated by the Minister.

        [Clause 2 amended: No. 1 of 1998 s. 26(1); No. 49 of 2004 s. 12 and 71(2); No. 16 of 2019 s. 71(1).]

3 .         Deputies

        (1)         The Governor may appoint a deputy for any member appointed under clause 2(b), (c) or (d).

        (2)         A person is not eligible to be appointed as a deputy for a member unless that person is eligible to be appointed to the office of that member.

        (3)         The deputy for a member appointed under clause 2(b) or (c) is to be a person chosen from a list as would be required if the person were to be appointed as the member.

        (4)         The deputy for a member is —

            (a)         in the absence of the member from a meeting of the Advisory Board, entitled to attend the meeting in place of the member; and

            (aa)         if the member is the member appointed under clause 2(d) and is presiding at a meeting under clause 7(2), entitled to attend the meeting even though the member is also present; and

            (b)         where the member disqualifies himself or herself from acting as a member on a matter arising at a meeting of the Advisory Board, entitled to act in the place of the member; and

            (c)         if the member vacates office before the term of office expires, entitled to attend meetings and otherwise act in place of the member,

                and a deputy attending a meeting or acting in place of a member under this subclause has all the functions and protection of a member.

        [Clause 3 amended: No. 1 of 1998 s. 26(2) and (3).]

4 .         Submission of lists

        (1)         Before a person is appointed as a member under clause 2(b), or as the deputy for such a member, the Minister is to invite WALGA to submit a list of 9 persons eligible for appointment within 28 days of the invitation.

        (2)         Before a person is appointed as a member under clause 2(c), or as the deputy for such a member, the Minister is to invite the Local Government Professionals Australia (WA) to submit a list of 6 persons eligible for appointment within 28 days of the invitation.

        (3)         Where a list is not submitted in writing in accordance with the invitation of the Minister, the Minister may recommend any eligible person for appointment, and that person may be appointed as if chosen from a list as required.

        [Clause 4 amended: No. 49 of 2004 s. 12 and 71(2); No. 16 of 2019 s. 71(2).]

5 .         Term of office

        (1)         The term of office of a member is the period specified in the instrument of appointment and is not to exceed 4 years.

        (2)         Subclause (1) does not prevent a person who has held office as a member from being appointed for a subsequent term.

6 .         Vacation of office

        (1)         The office of a member becomes vacant if the term for which the member is appointed expires or the member —

            (a)         dies; or

            (b)         by notice in writing to the Minister, resigns; or

            (c)         is removed from office under subclause (2).

        (2)         The Governor may remove a person from office as a member on the grounds of —

            (a)         incapacity to carry out satisfactorily the duties of the office; or

            (b)         neglect of duty; or

            (c)         misconduct; or

            (d)         in the case of a person appointed under clause 2(d), the person ceasing to be an officer of the Department; or

            (e)         any other cause for which it appears to the Governor that the person should be removed from office.

7 .         Meetings

        (1)         The member appointed under clause 2(a) is to preside at all meetings of the Advisory Board at which he or she is present.

        (2)         If the member appointed under clause 2(a) is not present at a meeting the member appointed under clause 2(d) is to preside at the meeting.

        (3)         The quorum at a meeting is 3 one of whom must be the member appointed under clause 2(a) or the member appointed under clause 2(d).

        (4)         Subject to subclause (7), each member present at a meeting of the Advisory Board is entitled to one vote.

        (5)         Unless a question arising at a meeting is one that is required to be decided by an absolute majority, the question is to be decided by a majority of the votes of the members present and voting.

        (6)         Each member is to have regard to the general interests of local government in the State.

        (7)         Subject to any order under subclause (8), a member is disqualified from acting where the matter being considered or inquired into by the Advisory Board is a matter relating to a local government of which the member is a member, employee or elector.

        (8)         The Minister may, by order, declare that subclause (7) does not apply in relation to a matter or class of matters specified in the order, and that order has effect according to its terms.

        (9)         An order is not to be made under subclause (8) unless the Minister considers the order to be necessary to enable the Advisory Board to perform its functions properly.

        (10)         To the extent that it is not prescribed the Advisory Board may determine its own meeting procedure, and other procedure and practice.

        [Clause 7 amended: No. 1 of 1998 s. 26(4); No. 49 of 2004 s. 71(3); No. 17 of 2009 s. 45.]

8 .         Remuneration and allowances

        (1)         Members are entitled to such remuneration and allowances as the Minister from time to time determines on the recommendation of the Public Sector Commissioner.

        (2)         Subclause (1) does not apply to a member who is an officer of the Public Service.

        [Clause 8 amended: No. 39 of 2010 s. 89.]

9 .         Protection

                No liability attaches to a member for any act or omission by the member or on the member’s part by the Advisory Board that occurred in good faith and in the performance of the member’s or the Board’s functions under this Act.

10 .         Staff

                The Departmental CEO is to make an officer of the Department available to the Advisory Board to act as its executive officer.

        [Clause 10 amended: No. 28 of 2006 s. 364.]

11 .         Delegation

        (1)         The Advisory Board may, with the approval of the Minister, appoint a committee and delegate to the committee a particular matter that is before the Advisory Board for consideration.

        (2)         A committee appointed under subclause (1) is to consist of —

            (a)         the person appointed as a member under clause 2(a); and

            (b)         2 persons chosen from the list submitted by WALGA for the purposes of the most recent appointment of a person as a member under clause 2(b); and

            (c)         one person chosen from the list submitted by the Local Government Professionals Australia (WA) for the purposes of the most recent appointment of a person as a member under clause 2(c); and

            (d)         one person who is an officer of the Department.

        (3)         The member appointed under clause 2(a) is to preside at committee meetings at which he or she is present.

        (3a)         If the member appointed under clause 2(a) is not present at a committee meeting, the member appointed under subclause (2)(d) is to preside at the meeting.

        (3b)         The quorum at a meeting of a committee is 3, one of whom must be the member appointed under clause 2(a) or the member appointed under subclause (2)(d).

        (4)         In exercising its functions, a committee has the same powers as the Advisory Board.

        (5)         Members of a committee have the same entitlements to remuneration, allowances and protection as members of the Advisory Board.

        [(6)         deleted]

        (7)         The Advisory Board may, with the approval of the Minister, appoint a deputy for any member of the committee appointed under subclause (2)(b), (c) or (d) and clause 3 applies with such modifications as are necessary to such deputies.

        (8)         When a committee appointed under subclause (1) has dealt with the matter delegated to it, it is dissolved.

        [Clause 11 amended: No. 1 of 1998 s. 26(5)-(7); No. 49 of 2004 s. 12 and 71(2); No. 16 of 2019 s. 71(3).]

12 .         Powers of inquiry

        (1)         For the purposes of carrying out an inquiry under this Act, the Advisory Board may —

            (a)         by summons signed on behalf of the Advisory Board by its executive officer, require —

                  (i)         the attendance before the Advisory Board of any person;

                  (ii)         the production before the Advisory Board of any document;

            (b)         inspect any document produced before it, and retain it for such reasonable period as it thinks fit, and make copies of the document or any of its contents;

            (c)         require any person to swear to truly answer all questions relating to a matter being inquired into by the Advisory Board that are put by or before the Advisory Board (and for that purpose a member of the Advisory Board or its executive officer may administer any oath or affirmation);

            (d)         require any person appearing before the Advisory Board to answer any relevant question.

        (2)         A person is not excused from complying with a requirement under subclause (1) on the ground that the answer to a question or the production of a document might be incriminating or render the person liable to a penalty, but an answer given by a person that was required under subclause (1) to be given is not admissible in evidence against the person in any civil or criminal proceedings other than proceedings for perjury or for an offence against this Act arising out of the false or misleading nature of the answer.

13 .         Investigations

                The Advisory Board may cause such investigations to be made as it sees fit for the purposes of its inquiry into a matter.

14 .         Annual report

        (1)         By 31 August in each year, the Advisory Board is to prepare and provide to the Minister a report on the proposals made to it and the inquiries and recommendations made by it during the previous financial year.

        (2)         The Advisory Board may apply to the Minister before 31 August for an extension of time in which to lodge the annual report and the Minister may grant an extension on such terms as the Minister thinks fit.

        (3)         As soon as practicable after receiving the annual report, the Minister is to cause a copy of it to be laid before each House of Parliament.

15 .         Offences

                A person who —

            (a)         having been served with a summons to attend before the Advisory Board, fails without reasonable excuse (proof of which lies on him or her) to attend in obedience to the summons; or

            (b)         having been served with a summons to produce any document before the Advisory Board, fails without reasonable excuse (proof of which lies on him or her) to produce a document in obedience to the summons; or

            (c)         fails without reasonable excuse (proof of which lies on him or her) to swear, or to answer any question, when required to do so by the Advisory Board; or

            (d)         misbehaves before the Advisory Board, insults the Advisory Board or a member of it, or interrupts the proceedings of the Advisory Board,

                commits an offence.