LOCAL GOVERNMENT ACT 1995 - SCHEDULE 2.5
LOCAL GOVERNMENT ACT 1995 - SCHEDULE 2.5
[Section 2.44(2)]
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).]
(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).]
(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).]
(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.
(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.
(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.]
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.
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.]
(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).]
(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.
The Advisory Board may
cause such investigations to be made as it sees fit for the purposes of its
inquiry into a matter.
(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.
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.