LOCAL GOVERNMENT ACT 1995 - SCHEDULE 5.1
LOCAL GOVERNMENT ACT 1995 - SCHEDULE 5.1
[Section 5.122]
[Heading inserted: No. 1 of 2007 s. 13.]
In this Schedule,
unless the contrary intention appears —
member means a member of a standards panel.
[Clause 1 inserted: No. 1 of 2007 s. 13.]
2 . Membership of standards panel
A standards panel
consists of 3 members appointed by the Minister of whom —
(a) one
person is to be an officer of the Department; and
(b) one
person is to be a person who has experience as a member of a council; and
(c) one
person is to be a person having relevant legal knowledge.
[Clause 2 inserted: No. 1 of 2007 s. 13.]
(1) The Minister may
appoint a deputy for any member.
(2) A person is not
eligible to be appointed as the deputy for a member unless that person is
eligible to be appointed to the office of that member.
(3) The deputy for a
member is —
(a) in
the absence of the member from a meeting of the standards panel, entitled to
attend the meeting in place of the member; and
(b)
where the member is disqualified from acting as a member on a matter arising
at a meeting of a standards panel, 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 inserted: No. 1 of 2007 s. 13.]
(1) Before a person is
appointed as, or as the deputy for, a member under clause 2(b) the Minister is
to invite WALGA to submit, within 28 days of the invitation, a list of 9
persons eligible for appointment.
(2) The person
appointed is to be one of the persons named on the list submitted under
subclause (1) but if a list is not submitted in writing in accordance with the
invitation of the Minister, the Minister may appoint any person who would have
been eligible for inclusion on the list.
[Clause 4 inserted: No. 1 of 2007 s. 13.]
(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 of a standards panel from
being appointed for a subsequent term to the same or a different standards
panel.
[Clause 5 inserted: No. 1 of 2007 s. 13.]
(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 Minister 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(a), the person ceasing to be an
officer of the Department; or
(e) any
other cause for which it appears to the Minister that the person should be
removed from office.
[Clause 6 inserted: No. 1 of 2007 s. 13.]
7 . Dissolution of standards panel
The Minister may
dissolve a standards panel established under section 5.122(2) if that
standards panel has finally dealt with all complaints allocated to it.
[Clause 7 inserted: No. 1 of 2007 s. 13.]
(1) The member
appointed under clause 2(a) is to preside at all meetings of the standards
panel at which the member is present.
(2) If the member
appointed under clause 2(a) is not present at a meeting the member appointed
under clause 2(c) is to preside at the meeting.
(3) The quorum at a
meeting is 3.
(4) Subject to
subclause (7), each member present at a meeting of a standards panel is
entitled to one vote.
(5) A question arising
at a meeting is to be decided by a majority of the votes.
(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 a standards panel is a matter
relating to a local government of which the member was or is a council member,
a committee member or an employee.
(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 a standards panel to properly function.
(10) To the extent
that it is not prescribed by regulations a standards panel may determine its
own meeting procedure, and other procedure and practice.
[Clause 8 inserted: No. 1 of 2007 s. 13.]
9 . Remuneration and allowances
(1) Members are
entitled to any remuneration and allowances that 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.
(3) To the extent that
a member’s remuneration and allowances relate to a particular complaint,
they are to be paid by the local government of the council member who is the
subject of that complaint.
(4) If the
remuneration and allowances for members of a standards panel relate to 2 or
more complaints dealt with by that standards panel on the same occasion,
liability for payment is to be apportioned between the relevant local
governments as the standards panel determines.
[Clause 9 inserted: No. 1 of 2007 s. 13; 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 a standards panel that occurred in good faith and in the performance
of the member’s or the panel’s functions under this Act.
[Clause 10 inserted: No. 1 of 2007 s. 13.]
(1) By 31 August in
each year, the primary standards panel is to prepare and provide to the
Minister a report on the complaints dealt with by all standards panels during
the previous financial year.
(2) The annual report
must not include information that identifies or enables the identification of
a council member against whom a complaint was made if the complaint was not
dealt with under section 5.110(6).
(3) The primary
standards panel 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.
(4) 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.
[Clause 11 inserted: No. 1 of 2007 s. 13; amended
by No. 16 of 2019 s. 72.]