NOTICE OF MEETING · NOTICE OF MEETING . ... That the minutes of the Ordinary Council Meeting held...

File Code: OR.MTG 5/2

21 October 2014 NOTICE OF MEETING

Dear Councillor,

The next ordinary meeting of Council will be held in the Council Chamber at 6.30 pm on Tuesday, 28 October 2014. The attached agenda is presented for your consideration.

Yours sincerely

Jonathan Throssell CHIEF EXECUTIVE OFFICER Please Note If an Elected Member has a query regarding a report item or requires additional information in relation to a report item, please contact the senior employee (noted in the report) prior to the meeting.

28.10.2014 COUNCIL MEETING AGENDA

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AGENDA

ORDINARY COUNCIL MEETING 28 OCTOBER 2014

ATTENTION/DISCLAIMER

The purpose of this Council Meeting is to discuss and, where possible, make resolutions about items appearing on the agenda. Whilst Council has the power to resolve such items and may in fact appear to have done so at the meeting, no person should rely on or act on the basis of such decision or on any advice or information provided by an Elected Member or employee, or on the content of any discussion occurring during the course of the Meeting. Persons should be aware that regulation 10 of the Local Government (Administration) Regulations 1996 establishes procedures to revoke or change a Council decision. No person should rely on the decisions made by Council until formal written advice of the Council decision is received by that person. The Shire of Mundaring expressly disclaims liability for any loss or damage suffered by any person as a result of relying on or acting on the basis of any resolution of Council, or any advice or information provided by an Elected Member or employee, or the content of any discussion occurring during the course of the Council Meeting.

LEGEND

To assist the reader, the following explains the method of referencing used in this document:

Item Example Description Page Numbers C1 OCTOBER 2014

(C2, C3, C4 etc) Sequential page numbering of Council Agenda or Minutes for October 2014

Report Numbers 10.1 (10.2, 10.3 etc)

11.1 (11.2, 11.3 etc)

Sequential numbering of reports under the heading “10.0 Reports of Committees” or “11.0 Reports of Employees”

Council Decision Reference

C7.10.14 Council Decision number 7 from Council meeting October 2014


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CONTENTS

1.0 OPENING PROCEDURES 3

1.1 ANNOUNCEMENT OF VISITORS ....................................................................... 3

1.2 RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE ................. 3

2.0 ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT DISCUSSION 3

3.0 RECOGNITION AND AWARDS 3

4.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 3

5.0 PUBLIC QUESTION TIME 3

6.0 APPLICATIONS FOR LEAVE OF ABSENCE 4

7.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS 4

7.1 PERMISSION TO SPEAK FOR MEMBERS OF PUBLIC PRESENT ............................... 4

8.0 PRESENTATIONS 4

9.0 DISCLOSURES OF INTERESTS 4

9.1 DISCLOSURE OF FINANCIAL INTEREST AND PROXIMITY INTERESTS ........................ 4

9.2 DISCLOSURE OF INTEREST AFFECTING IMPARTIALITY ......................................... 4

10.0 REPORTS OF COMMITTEES 4

11.0 REPORTS OF EMPLOYEES 5

11.1 NO. 3090 (LOT 2) DINSDALE ROAD, WOOROLOO - PROPOSED ANCILLARY ACCOMMODATION ....................................................................................... 5

11.2 STANDING ORDERS FOR THE PROPOSED MERGED ENTITY OF CITY OF SWAN AND SHIRE OF MUNDARING ......................................................................... 16

11.3 FINANCIAL ACTIVITY STATEMENT – SEPTEMBER 2014 ...................................... 81

12.0 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 96

13.0 NEW BUSINESS OF AN URGENT NATURE APPROVED BY PRESIDING PERSON OR BY DECISION OF MEETING 96

13.1 ELECTED MEMBERS .................................................................................. 96

13.2 EMPLOYEES ............................................................................................. 96

14.0 CLOSING PROCEDURES 96

14.1 DATE, TIME AND PLACE OF THE NEXT MEETING .............................................. 96

14.2 CLOSURE OF THE MEETING ......................................................................... 96


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ORDINARY COUNCIL MEETING COUNCIL CHAMBER – 6.30 PM

1.0 OPENING PROCEDURES To be read out aloud by the Presiding Person Members of Council and members of the gallery are advised that this meeting

will be audio-recorded. 1.1 Announcement of Visitors 1.2 Record of Attendance/Apologies/Approved Leave of Absence

Elected Members Staff Mrs R Broz Minute Secretary Ms G Censi

(Observer) PA Director Strategic & Community

Services Apologies Absent Leave of Cr P Bertola East Ward Absence Cr D Jones South Ward Guests Members of the Public

Members of the Press

2.0 ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT

DISCUSSION 3.0 RECOGNITION AND AWARDS 4.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON

NOTICE

Nil

5.0 PUBLIC QUESTION TIME Procedures for asking and responding to questions are determined by the Shire President. Questions must relate to a matter affecting the local government. Note: This is not a verbatim record of questions asked and answers given. It is a summary only.


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6.0 APPLICATIONS FOR LEAVE OF ABSENCE 7.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

RECOMMENDATION

That the minutes of the Ordinary Council Meeting held 14 October 2014 be confirmed.

7.1 Permission to Speak for Members of Public Present

RECOMMENDATION

That: 1. members of the public in attendance in person be permitted to speak in

relation to a matter on the agenda of this meeting at the time the matter is discussed during the meeting where such person has a demonstrated interest in the matter;

2. such permission be subject to the ruling of the Presiding Person with

regards to the duration of any comment made, the number of speakers wishing to speak on a particular matter and demonstrated interest.

8.0 PRESENTATIONS

9.0 DISCLOSURES OF INTERESTS 9.1 Disclosure of Financial Interest and Proximity Interests

Members must disclose the nature of their interest in matters to be discussed at the meeting (Part 5 Division 6 of the Local Government Act 1995). Employees must disclose the nature of their interest in reports or advice when giving the report or advice to the meeting (Sections 5.70 and 5.71 of the Local Government Act 1995).

9.2 Disclosure of Interest Affecting Impartiality Members and staff must disclose their interest in matters to be discussed at the meeting in respect of which the member or employee has given or will give advice (Shire of Mundaring Code of Conduct, Local Government (Admin) Reg. 34C).

10.0 REPORTS OF COMMITTEES

Nil


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11.0 REPORTS OF EMPLOYEES 11.1 No. 3090 (Lot 2) Dinsdale Road, Wooroloo - Proposed Ancillary

Accommodation

File Code Di 2.3090 Location / Address See ATTACHMENT 1 Landowner Zinc Constructions Applicant Zinc Constructions c-/ Urbis Zoning LPS4 – General Agriculture

MRS – Rural Area 39.75ha Use Class ‘D’ Ward East Author David Banovic, Planning Officer Senior Employee Mark Luzi, Director Statutory Services Disclosure of Any Interest

Nil

SUMMARY Planning approval is sought for an ancillary dwelling within the north-eastern paddock of the subject property. Council consideration of the application is required as the proposed floor area exceeds the Shire’s Local Planning Scheme No.4 (LPS4) by 17.9sqm. Further and contrary to LPS4, the proposal is not positioned as close as practical to the main residence.

Nearby landowners were consulted and no submissions were received. While the variation to the floor area of the ancillary dwelling could be entertained, the significant separation distance of 330 metres between the main residence and the proposed ancillary dwelling is considered unnecessary and excessive. Support of such a proposal would create an undesirable precedent and could result in the proliferation of similar ‘de facto’ grouped dwellings throughout the Shire. Positioning the ancillary dwelling (and associated services and driveway) in the centre of an existing paddock is also at odds with the intent of the General Agriculture zone and the continued use of the land for agricultural and rural activities. It is therefore recommended that Council refuses the application.


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BACKGROUND Details of the development application are as follows: • A 77.9sqm ancillary dwelling, 11.5 metres long, 7.5 metres wide; • Wall height varying from 2.4 metres to 3 metres from natural ground level. • The ancillary dwelling is positioned approximately:

o 330 metres from existing single house and is position behind the front building line; o 70 metres from northern side boundary; o 258 metres from the eastern (rear) boundary; o 50 metres from the watercourse to the west; o 200 metres from the motorcycle track to the south-east; and o 250 metres from the power lines to the west.

The subject site also accommodates three water tanks and three outbuildings. Following a Council refusal, the State Administrative Tribunal subsequently approved a motorcycle track for ‘private’ use at the rear of the site.

STATUTORY / LEGAL IMPLICATIONS The proposal constitutes development under the Planning and Development Act 2005 and requires planning approval under the Shire’s (LPS4). The proposal has been assessed against relevant clauses and requirements of LPS4 as noted in this report. POLICY IMPLICATIONS • Shire of Mundaring Public Comment on Planning Proposals Policy

FINANCIAL IMPLICATIONS Nil

STRATEGIC IMPLICATIONS The Shire of Mundaring 2013-2023 Strategic Community Plan identifies that balanced development will contribute directly to promoting environmentally sustainable development in order to maintain the unique characteristics of a vibrant hills lifestyle. LPS4, and the development provisions and limitations it contains, are an expression of the views of the wider community which all contribute to preserving the hills lifestyle.

SUSTAINABILITY IMPLICATIONS Nil


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RISK IMPLICATIONS Should Council resolve to refuse or conditionally approve the proposal, the applicant has a right of review through the State Administrative Tribunal (SAT) which will incur legal costs.

EXTERNAL CONSULTATION The Shire conducted neighbour consultation to three properties considered affected by the proposal, in accordance with the Shire’s Public Comment on Planning Proposal Policy. No submissions were received.

COMMENT The proposal has been assessed against relevant objectives and development provisions of LPS4, with any exceptions identified in the table below.

Local Planning Scheme No. 4 Scheme Requirement / Clause Assessment / Comment Clause 5.7.18.1 Ancillary Dwellings shall have a maximum floor area of 60sqm.

The proposed 77.9sqm dwelling exceeds the maximum floor area by 17.9sqm.

Clause 5.7.18.2 Notwithstanding clause 5.7.18.1, where in the opinion of the Shire exceptional circumstances warrant a larger floor area, Ancillary Dwellings may be approved having a floor area of up to 80sqm.

The Shire has the ability to exercise discretion for larger ancillary dwellings up to 80sqm in exceptional circumstances. In the past, this has primarily related to allowing additional floor area for accessibility access and other special requirements. While the applicants have repeatedly stated in their supporting information that the ancillary dwelling has been specifically designed to include wider hallways and doorways, the Shire’s Building Service confirm that this is not the case and the proposal does not comply with AS 1428.1-2009 Design for Access and Mobility. While there is an inconsistency, the applicants have provided sufficient evidence to confirm the occupant has a serious medical condition. It would be appropriate for the Shire to entertain a variation on compassionate grounds at some point subject to the plans being


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altered. However, as the current plans do not meet AS1428.1 and no other exceptional circumstances exist, the variation to Clause 5.7.18.1 should not be supported.

Clause 5.7.18.5 Ancillary Dwellings shall be located in as close proximity to the main residence on the lot as reasonably practicable, having regard to the need for privacy for residents of the Ancillary Dwellings.

The ancillary dwelling is proposed approximately 330 metres from the main residence. The Shire’s Local Planning Strategy states that the intent of this clause is to ensure, particularly on large lots such as this, that development is clustered for aesthetic reasons. It is also required to reinforce the relationship of the ancillary dwelling to the main dwelling. The applicants’ justification for the separation distance is to ensure the dwelling is a sufficient distance away from the power lines due to the nature of the occupant’s medical condition. On request of the Shire, a doctor’s certificate was obtained to help explain this relationship. The relevant excerpt is provided below. ‘it would be advisable if his residence is away from any power lines as there have been studies in the past that living underneath power lines would not be beneficial to someone’s health’. The comment is a generic statement about avoiding living directly under power lines and is not specific to the condition of the future occupant. There are large areas around the main residence that are away from, and have no overhead power lines. Hence, Shire staff remain unconvinced that the proposed ancillary dwelling cannot be relocated closer to the main dwelling.

Clause 6.5.6 An application for development approval must be accompanied by a

Subject site falls within a Special Control Area (Extreme Bush Fire Prone Mapping) under the Shire’s Scheme Map.


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Bush fire attack level assessment and Fire Management Statement.

An application for development approval must be accompanied with a Fire Management Statement, prepared and approved in accordance with the methodology contained in WAPC’s Guideline Planning for Bushfire Protection Edition 2, May 2010, to the specifications of the Local Authority. This has not been completed.

Objectives General Agriculture (b) To prevent land use and

development (including subdivision) within the zone which may adversely impact on the continued use of land within the zone for agricultural and rural purposes

Positioning an ancillary dwelling (and associated infrastructure and driveway) in the centre of the existing north-east paddock will compromise the continued and future use of the land for agricultural and rural purposes.

Allowing a variation for an oversized ancillary dwelling is considered reasonable in this instance. However the isolated location of the proposed ancillary dwelling relative to the main dwelling will create a ‘de facto’ grouped dwelling and an undesirable precedent. The proposed location is also inconsistent with the intent of the General Agriculture zone and the future use of the north-eastern paddock for agricultural purposes. It is therefore recommended that Council refuse the application.

VOTING REQUIREMENT Simple majority RECOMMENDATION That Council refuses planning approval for the proposed ancillary dwelling at 3090 (Lot 2) Dinsdale Road, Wooroloo, subject to the following reasons: 1. The proposed location of the ancillary dwelling (and associated services

and driveway) is inconsistent with Objective (b) of the General Agriculture zone of the Shire’s Local Planning Scheme No.4, as it will inhibit and adversely impact the continued and future use of the north-eastern paddock for agricultural and rural purposes.

2. The separation distance of 330 metres between the main residence and the proposed ancillary dwelling is excessive and unnecessary and does not comply with Clause 5.7.18 of Local Planning Scheme No.4.


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3. Approval of such a significant variation to Clause 5.7.18.5 would create an undesirable precedent and could result in the proliferation of de facto grouped dwellings in the General Agriculture zone.

4. The internal layout of the proposal, in its current form, does not meet AS

1428.1-2009 Design for Access and Mobility and does therefore not warrant the Shire exercising a variation to the minimum floor area provided for in Clause 5.7.18.2 of Local Planning Scheme No.4.

5. The development does not comply with Clause 6.5.6 of Local Planning Scheme No.4 which states:

“An application for development approval must be accompanied by: (a) a bush fire attack level assessment carried out in accordance with the

methodology contained in the Planning for Bush Fire Protection Guidelines (2010); and

(b) a statement or report that demonstrates that all relevant bush fire protection acceptable solutions, or alternatively all relevant performance criteria, contained in the Planning for Bush Fire Protection Guidelines (2010) have been considered and complied with, and effectively address the level of bush fire hazard applying to the land.

Next Report


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Attachment 1

Report 11.1

4 Pages


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11.2 Standing Orders for the Proposed Merged Entity of City of Swan and Shire of Mundaring

File Code CM.SRF Location / Address Nil Applicant Nil Author Stan Kocian, Manager Finance and Governance Senior Employee Paul, O’Connor, Director Corporate Services Disclosure of Any Interest

Nil

SUMMARY This report recommends that Council advises the Local Government Advisory Board (LGAB) and Minister for Local Government that the City of Swan’s current Standing Orders Local Law be included in the Governor’s Orders for the merged entity of the Shire of Mundaring (SoM) and City of Swan (CoS). This recommendation has been considered by the Local Implementation Committee (LIC) and is recommended for approval by LIC. BACKGROUND The purpose of a Standing Orders Local Law is to provide the rules of conduct of meetings of Council and Committees, with the intention of providing the orderly and effective conduct of meetings to enable better decision making and a greater community understanding of the meeting. The combined entity of SoM and CoS will require Standing Orders to be in place to enable the new Council to conduct its first Council Meeting post 1 July 2015. Governance staff from both SoM and CoS met to review the respective Standing Orders that are currently in place for both Councils. The details of this review are contained in this report (refer ATTACHMENT 2). The review undertaken by staff recommended that the CoS Standing Orders Local Law 2010 be adopted for the new entity. This is subject to CoS and SoM Council resolutions to recommend to the Minister for Local Government and the LGAB to include the CoS Standing Orders in the Governor’s Orders for the new entity. The essential reason for the recommendation is that the City of Swan’s Standing Orders are more contemporary and detailed than the Shire of Mundaring’s Standing Orders. The Combined Executive of the CoS and SoM considered and endorsed the recommendation of the review on 8 September 2014. The Local Implementation Committee considered and endorsed the recommendation of the review on 26


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September 2014, subsequently agreeing it should be referred to the two individual local governments for approval. STATUTORY / LEGAL IMPLICATIONS If the City of Swan’s Standing Orders Local Law forms part of Governor’s Orders for the new merged entity, it will determine the rules of conduct of meetings of Council and Committees for the new entity from 1 July 2015. There is an outstanding undertaking from the CoS to the Joint Standing Committee on Delegated Legislation (JSCDL - the parliamentary committee that scrutinises all local laws before they are passed by Parliament). The JSCDL has advised the CoS that clause 5.9 and Part 13 of the CoS Standing Orders offend its terms of reference. More information regarding the implications of this is discussed below. POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS Nil STRATEGIC IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Nil RISK IMPLICATIONS If Standing Orders are not included in the Governor’s Orders for the new merged entity there is a risk (in the case of an amalgamation) that there will be no formal rules of conduct for Council and Committee meetings of the new entity. If the CoS does not complete the undertaking to the JSDCL there is the risk that the JSDCL may resolve to report to the Parliament recommending the disallowance of the local law in the Legislative Council. EXTERNAL CONSULTATION Nil COMMENT Whilst the recommendation is for the CoS Standing Orders to be included in the Governor’s Orders for the new merged entity, Council should note that the JSCDL required specific changes to be made to the CoS Standing Orders.


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The changes required are the deletion of clause 5.9 and Part 13, amending references to 'City' to 'local government' and rectifying cross referencing errors. Clause 5.9 and Part 13 of the CoS Standing Orders Local Law relate to: • Elected Members being required to leave the room when considering a

matter in which they have declared an impartiality interest; and • Elected Members being required to leave the room when they have not

provided a declaration of due consideration of a particular matter. As the JSCDL has disallowed clause 5.9 and Part 13 they are not legally enforceable. On 17 August 2012 CoS provided JSCDL with an undertaking to make the required changes. While the preparatory work has been done by CoS lawyers, who also prepared the original document, the changes are yet to be gazetted. The CoS has advised that they wish to include these changes as part of a broader review of Standing Orders to be carried out post July 2015. Such a review would require a lengthier local law review and gazettal process (up to 12 weeks). Accordingly, LIC took the view that the review could wait until after July 2015 and thus recommended both Councils adopt the current CoS Standing Orders, noting the JSCDL undertaking would be required to be affixed to the current version of the CoS Standing Orders until the undertaking was implemented. It is the view of SoM staff that the undertaking requested by the JSCDL can be actioned via a simple gazettal process (i.e. publishing the changes in the Western Australian Government Gazette), which would take approximately six weeks. The gazettal of these changes would ensure that the CoS completes its undertaking to the JSDCL and thus removes the risk of the JSDCL making a recommendation of disallowance to parliament in relation the CoS Standing Orders Local Law 2010. VOTING REQUIREMENT Simple Majority RECOMMENDATION That Council: 1. requests the City of Swan complete the undertaking given to the Joint

Standing Committee on Delegated Legislation by gazetting the required changes to the City of Swan’s Standing Orders Local Law 2010 as soon as possible; and

2. advises the Local Government Advisory Board and Minister for Local Government that the City of Swan’s Standing Orders Local Law 2010 is to be included in the Governor’s Orders for the proposed merged entity of the Shire of Mundaring and City of Swan.

Next Report


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Attachment 2

Report 11.2

63 pages


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Final Regional Service Design Report

Date(s) of RSD meetings: 24/6/2014 28/8/2014 – Review only

Service Area: Governance

Activity / Topic: Standing Order

WBS Reference: 16.1.2.6

Facilitators: Marina Jerkovic

Subject Matter Experts: Stan Kocian Danielle Courtin Simon Barry Meghan Dwyer Helen Harrison – review post resignation Simon Barry

Executive Summary Standing Orders Local Law is a Legislative requirement strictly governed by the- Local Government Act 1995. Its purpose is to provide the rules of conduct of meetings of Council and Committees, to result in orderly and effective conduct of meetings to enable better decision making and greater community understanding of meeting process.

Priority Weighting - Low, Medium, High

High – identified as critical Day one.

Options Considered

Upon reviewing Mundaring Standing Orders Local Law and Swan Standing Orders Local Law documents by section and side by side, it was agreed that Swan's document was a more current version than Mundaring. Swan's document was gazetted 2010 and Mundaring 2003. The process is stable, as there is a strict direction from the Local Government Act, but how Standing Orders are applied can vary. This may need to be looked at when deploying to Councillors as the risk was , that although the Standing Orders was referred to it was not understood. However all agreed that a minimal number of resources and small advertising budget (approx. $5000) is required to produce Standing Orders, but time (length) may be a factor as the Local Government Operations Guidelines process is to be strictly followed.

Option 1

http://www.mundaring.wa.gov.au/ReformTeams/WorkGroups/Governance%20Documents/Key%20Reference%20Documents/Local_Government_Act_1995%5b1%5d.pdf


http://www.mundaring.wa.gov.au/ReformTeams/WorkGroups/Governance%20Documents/Key%20Reference%20Documents/Standing%20Orders(as%20amended)%20Local%20Law-Mundaring.pdf

http://www.mundaring.wa.gov.au/ReformTeams/WorkGroups/Governance%20Documents/Key%20Reference%20Documents/Standing%20Orders(as%20amended)%20Local%20Law-Mundaring.pdf

http://www.mundaring.wa.gov.au/ReformTeams/WorkGroups/Governance%20Documents/Key%20Reference%20Documents/Standing%20Orders%20Local%20Law%202010%20signed%20and%20sealed.pdf

http://www.mundaring.wa.gov.au/ReformTeams/WorkGroups/Governance%20Documents/Key%20Reference%20Documents/Guideline16LocalLaws.pdf


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City of Swan’s current Standing Orders Local Law to be adopted to the new council for July 2015.

Pro: These are more current and detailed - – 2010 compared to Shire of Mundaring 2003. Post July 2015 a review to be undertaken following the local law review process as per Local Government Operations Guidelines – No 16, Nov2011 Appendix 1, by Governance staff

This review would look at implementing the changes identified at this review as indicated:

These changes have been noted, but further review will be carried out

a) Requested from both Mundaring and Swan that when a new document is created, no reference is made to sections within the Act – reference only to the Act. (Local Government Act).

b) All references to timing (speaking) is to be only 5 minutes.

c) Replace Swan 6.1.3 with Mundaring 2.1.14 d) Remove 12.3.3 from Swan – this is dealt with in Act e) Remove 11, 12, 13, from Swan – as anything

Miscellaneous (11) is covered by the Act. f) Leave 14.1, 14.2, 14.3 Enforcement from Swan

as own section. g) Adopt Mundaring Suspension of Standing Orders

There were not many/critical differences due to the fact that it is highly legislated by the Local Government Act.

There may also be a need to ensure Standing Orders are part of Councillor Induction (Swan have Councillor handbook currently) and or “refresher” sessions held on Standing Orders to minimise the risk of Standing Orders not being understood correctly by Councillors – being the main customer. Option 2 . Provide no preference – and accept Standing Orders as per Governors Orders.

Preferred Option / Recommendation

The preferred recommendation is Option 1. It is recommended that Swan Standing Orders Local Law be adopted for the new entity and







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subject to Swan and Mundaring Council resolutions, the Minister for LG and the LGAB be advised of this recommendation for inclusion in Governor’s Orders.

Swan’s Standing Orders are more current and detailed – 2010 compared to Mundaring 2003. Ensure Mundaring Governance staff have copies of Swan Standing orders well prior to July 2015. Post July 2015 a review to be undertaken following the local law review process as per Local Government Operations Guidelines – No 16, Nov2011 Appendix 1, by Governance staff- which may take approx. 12 months. This would look at implementing those changes identified at this review:- a) Requested from both Mundaring and Swan that

when a new document is created, no reference is made to sections within the Act – reference only to the Act. (Local Government Act).

b) All references to timing (speaking) is to be only 5 minutes.

c) Replace Swan 6.1.3 with Mundaring 2.1.14 d) Remove 12.3.3 from Swan – this is dealt with in Act e) Remove 11, 12, 13, from Swan – as anything

Miscellaneous is covered by the Act. f) Leave 14.1, 14.2, 14.3 Enforcement from Swan

as own section. g) Adopt Mundaring Suspension of Standing

Orders These changes have been noted, but further review will be carried out. NOTE: Due to resignation of Swan Governance Manager, after this report was drafted and agreed by Mundaring Content expert, but not by Swan Content expert (Governance manager), the report was reviewed by Manager Council Support. The following information is to be included as this was not raised at the RAID session. “Joint Standing Committee requested specific changes to be made to CoS Standing Orders otherwise they would disallow it. Specifically, these are the deletion of clause 5.9 and Part 13, amend references to 'City' to 'local government' and rectify cross referencing errors. This work has already





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been done by CoS lawyers, who prepared the original document (this was a situation due to staffing issues that Standing Orders was referred to the CoS lawyers to complete. Legal advice is not anticipated to be required and therefore no legal costs have been factored in to proposed review of Standing Orders). The City has committed to these but they are still to be gazetted as we wanted to do a further review.” • These changes would be part of the further review

to be carried out post July 2015

Resources required to Action

LIC and both councils to consider Standing Orders and make recommendation to LGAB and Minister for LG regarding inclusion of Standing Orders in Governor’s Orders. (estimated 2 days per LG) If applicable, • Will need to ensure that, following October 2015

elections, all Councillors are provided with copy of Standing Orders – in preparation for first Council meeting in October. – Provide copies and or induct Councillors (5 hrs)

• Ensure correct copy is available for public view on agreed website (2 hrs).

Post July 2015 Commence review process as per Local Government Operations Guidelines No 16 Nov 2011 Appendix 1 - would involve approx 6 weeks staff time over a12 month period due to statutory requirements within the process for new Standing Orders to be gazetted.

Areas of Difference – require Executive review

.

Dependencies LIC endorsement, Council resolution (Swan and Mundaring) ; Councillor Induction

Output Deliverable 1 Submit council report to both Councils to obtain a council resolution to adopt the Swan Standing Orders recommendation for inclusion in Governor’s Orders

Responsibility Council Support Manager ( Swan) & Finance & Governance Manager (Mundaring)





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Length of time required to deliver

Swan – 2 days which includes writing report and approval process. Mundaring– 3 days which includes writing report and approval process.

Due Date (deadline) 1 October 2014- being first available Swan meeting after LIC 14 October 2014 - being first available Mundaring meeting after LIC

Cost Output Deliverable 2 New Standing Orders

Local Law gazetted Responsibility Governance Length of time required to deliver

Approx 12 months - 6 weeks of staff time over that period

Due Date (deadline) 30 June 2016 Cost Approx $5000

Approval Comments Date Quality review by Project team

Review requested- query legal costs, staff time to develop orders and review proposed changes by QT Approved.

01/09/14

Transition project team status

Approved 01/09/14

Executive decision

Approved 01/09/14

Impact on CBP and Budget

Item included in 2014/15 CBP – review standing orders. $5,000 in 2014/15 budget.

01/09/14

Escalate to LIC (Yes/No) Or Councils

Yes - 26/9/2014 08/09/14

LIC or Council approval

Presented for LIC approval then progress to both Councils for resolutions. Approved by LIC

08/09/14 26/09/14

LOCAL GOVERNMENT ACT 1995

_________

CITY OF SWAN

———————————

STANDING ORDERS LOCAL LAW 2010

!2012044GG!

1287

PERTH, FRIDAY, 16 MARCH 2012 No. 44 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 12.30 PM

© STATE OF WESTERN AUSTRALIA

WESTERN AUSTRALIAN GOVERNMENT ISSN 1448-949X PRINT POST APPROVED PP665002/00041


CITY OF SWAN


ARRANGEMENT

PART 1—PRELIMINARY 1.1 Citation 1.2 Commencement 1.3 Repeal 1.4 Purpose and effect 1.5 Application 1.6 Interpretation

PART 2—MEETINGS AND HOW CALLED 2.1 Meetings of the Council and Committees 2.2 Calling of Council meetings 2.3 Calling of Committee meetings 2.4 Convening Ordinary and special meetings of Council 2.5 Convening Ordinary and special meetings of Committees 2.6 Notice of meeting 2.7 Notice of adjournment

PART 3—QUORUM FOR MEETINGS AND ADJOURNMENT WHEN NO QUORUM 3.1 Quorum for meetings 3.2 Quorum not present during meeting 3.3 Debate on motion to be resumed 3.4 Names to be recorded

PART 4—PUBLIC PARTICIPATION 4.1 Public participation 4.2 Inspection entitlement 4.3 Confidentiality of information withheld

PART 5—BUSINESS AT MEETING 5.1 Business to be specified in notice 5.2 Order of business at an ordinary meeting 5.3 Public question time 5.4 Petitions 5.5 Presentations to Council 5.6 Deputations 5.7 Confirmation of minutes 5.8 Announcements by the Presiding Person 5.9 Declarations of due consideration 5.10 Questions by members of which due notice has been given 5.11 Urgent business 5.12 Motions of which previous notice has been given 5.13 Notices of motion 5.14 Confidential business

16 March 2012 GOVERNMENT GAZETTE, WA 1289

PART 6—RULES OF DEBATE 6.1 Recording of proceedings prohibited 6.2 Seating of members 6.3 Members to address the Presiding Person 6.4 Official titles to be used 6.5 Order of speaking 6.6 Crossing the meeting room or leaving meeting 6.7 Continued irrelevance—unbecoming language—breach of order 6.8 Adverse reflection 6.9 No adverse reflection on a member or employee 6.10 Point of order 6.11 Points of order—when valid 6.12 Rulings by Presiding Person 6.13 Suspension of standing orders

PART 7—ORDER OF DEBATE 7.1 Order of call and conduct of members during debate 7.2 Motions or amendments 7.3 Division of complicated motions 7.4 Withdrawal of motion 7.5 Motions and amendments to be seconded 7.6 Unopposed business 7.7 Determining a vote 7.8 Member not to speak twice 7.9 Time limit of speeches 7.10 No digression 7.11 Personal explanation—when heard and ruling by presiding person 7.12 Speaking in reply 7.13 Members not to interrupt 7.14 No speech after certain events

PART 8—PROCEDURAL MOTIONS 8.1 Motions and amendments to be determined without digression 8.2 Permissible formal motions during debate 8.3 That the matter be referred to Committee—when moved and how dealt with 8.4 That the motion be amended—when valid, how dealt with and effect 8.5 That the meeting be closed to the public—when moved, how dealt with and effect 8.6 That the meeting be adjourned—when moved, how dealt with and effect 8.7 That the debate be adjourned—when moved, how dealt with and effect 8.8 That the matter be deferred—when moved, how dealt with and effect 8.9 That the motion be now put—when moved, how dealt with and effect 8.10 That the meeting proceed with the next business—when moved, how dealt with and effect 8.11 That the motion lie on the table—when moved, how dealt with and effect 8.12 That the ruling of the Presiding Person be disagreed with—when moved, how dealt with and

effect 8.13 That the meeting be now closed—when moved, how dealt with and effect

PART 9—PRESERVING ORDER 9.1 Presiding Person to preserve order 9.2 Presiding Person to be heard 9.3 Definition of order 9.4 Breaches of order 9.5 Member drawing attention to breach of order 9.6 Prevention of disturbance 9.7 Precedence of questions of order 9.8 Rulings by Presiding Person 9.9 Ruling out of order 9.10 Withdrawal of offensive expression 9.11 No disturbance by member 9.12 Continued breach of order 9.13 Serious disorder 9.14 No effect on presentation 9.15 The Presiding Person may take part in debate

PART 10—COMMITTEES 10.1 Committees and their meetings 10.2 Classes of Committee 10.3 Committee functions 10.4 Powers delegated to Committees 10.5 Committees to keep minutes 10.6 Open doors

1290 GOVERNMENT GAZETTE, WA 16 March 2012

PART 11—MISCELLANEOUS 11.1 Protection of employees 11.2 Implementing decisions 11.3 Revocation or change of resolution 11.4 Production of documents to members 11.5 Meetings of electors

PART 12—DISCLOSURE OF FINANCIAL INTERESTS 12.1 Separation of Committee recommendations 12.2 Member with a financial interest may ask to be present 12.3 Member with a financial interest may ask to be allowed to participate 12.4 Invitation to return to provide information 12.5 Disclosure of financial interest by employees

PART 13—DISCLOSURE OF INTEREST AFFECTING IMPARTIALITY Division 1—Disclosure by members

13.1 Introduction 13.2 Legislative requirements 13.3 Disclosing member continuing to be present 13.4 Disclosing member leaving the room 13.5 Separation of Committee recommendations—impartiality interest 13.6 Member with an impartiality interest may decide to be present 13.7 Member with an interest may ask for meeting’s view on participation 13.8 Invitation to return to provide information

Division 2—Disclosure by employee 13.9 Impartiality interest of employees 13.10 Employee departing the meeting room

PART 14—ENFORCEMENT OF THIS LOCAL LAW 14.1 Enforcement of this local law 14.2 Rulings of the Presiding Person 14.3 Penalty for offence when not otherwise specified 14.4 Custody and affixing of Common Seal



CITY OF SWAN


Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the City of Swan resolved on 2 March 2011 to adopt the following local law.

PART 1—PRELIMINARY 1.1 Citation This Local Law may be cited as the City of Swan Standing Orders Local Law 2010.

1.2 Commencement This Local Law comes into operation 14 days after the date of its publication in the Government Gazette.

Note: In order to assist the reader, and to provide a complete picture of relevant legislation, extracts from the Local Government Act and Local Government (Administration) Regulations are shown boxed and in italics. This note and those extracts are for explanatory purposes only and do not form part of this Local Law.

1.3 Repeal The City of Swan Local Law Relating to Standing Orders 1999 published in the Government Gazette of Western Australia on 5 January 2000, is repealed.

1.4 Purpose and effect (1) The purpose of this Local Law is to provide the rules for the conduct of meetings of the Council, Committees and electors. (2) The effect of this Local Law is intended to result in— (a) the orderly and effective conduct of meetings; (b) greater community understanding of the meeting process; (c) better decision-making by the City; and (d) better outcomes from decisions made.

1.5 Application All meetings of the Council, Committees and the electors are to be conducted in accordance with the Act, the Regulations and this local law.

1.6 Interpretation (1) In this Local Law, unless the contrary intention appears—

“Act” means the Local Government Act 1995; “CEO” means the Chief Executive Officer of the City; “City” means the City of Swan; “committee” means a committee established by council in accordance with the Act; “councillor” means a person who holds the office of councillor on the council; “district” means the local government district of the City of Swan; “meeting” means a meeting of the council or a committee; “member” where used in reference to council means a councillor and where used in reference to

a committee, means a member of that committee, and where used generally means a member of the council or a member of a committee as the context requires;

“ordinary meeting” means a meeting convened in accordance with the Act at such place and at such time as the council, from time to time, appoints for the transaction of ordinary business of the council or of any committee;

“presiding person” means the Mayor or other person presiding at a meeting of the council or a committee;

“Regulations” means the Local Government (Administration) Regulations 1996;


“Mayor” means the Mayor of the City and includes the Deputy Mayor when acting as the Mayor in accordance with the Act;

“Rules of Conduct Regulations” means the Local Government (Rules of Conduct) Regulations 2007;

“section” means a section of the Act and is “s.” in its abbreviated form; “special majority” has the meaning given to it by the Act; “special meeting” means a meeting convened in accordance with the Act to consider special

business of the Council or of any committee, the nature of which is to be specified in the notice convening the meeting;

“standing orders” means the meeting procedures and/or rules on the conduct and behaviour of persons at a meeting of the Council, Committee or electors; and

“this Local Law” means the City of Swan Standing Orders Local Law 2010. (2) In this Local Law, terms have the meanings given to them in the Act and Regulations. In the case of conflict between any provision of this Local Law and any provision of the Act or Regulations, the order of precedence is the Act, the Regulations, and lastly the interpretations in this Local Law. (3) This Local Law shall apply to committees except the requirement limiting the number of times a member may speak (see clause 7.8) and the need to rise to address the person presiding (see clause 6.4).

PART 2—MEETINGS AND HOW CALLED 2.1 Meetings of the Council and Committees (1) Meetings of council and committees of council shall be either ordinary meetings or special meetings. (2) Subject to the provisions of the Act, the Regulations and this Local Law relating to the revocation of or change to a decision, no business is to be transacted at a special meeting, other than that for the purpose of which the special meeting has been called.

2.2 Calling of Council meetings (1) The calling of a council meeting is to be in accordance with the Act. (2) If a special meeting of the council is to be open to the public, and if local public notice in accordance with section 1.7 of the Act cannot practically be given, the CEO is to give public notice of the date, time, place and purpose of the meeting by the most effective means possible, including the City’s website, and if practicable, by posting notice of those details in the public area of the administrative offices of the City, and if possible in the City’s public libraries, as close as possible to the time at which notice of the meeting is given to members.

2.3 Calling of Committee meetings An ordinary or special meeting of a committee is to be held— (a) if called for by— (i) the Mayor; or (ii) the presiding person of the committee; or (iii) if the committee is comprised of 3 members, any 2 members of that committee; or (iv) if the committee is comprised of more than 3 members, then any 3 members of that

committee, in a notice to the CEO setting out the time, date, place and purpose of the proposed meeting; or

(b) if so decided by the council or the committee.

2.4 Convening ordinary and special meetings of Council The convening of ordinary and special meetings of council is to be in accordance with the Act.

2.5 Convening ordinary and special meetings of Committees (1) The CEO is to convene an ordinary meeting of a committee, by giving each member of the committee at least 72 hours notice of the date, time and place of the meeting and an agenda for the meeting by facsimile, letter or electronic mail. (2) The CEO is to convene a special meeting of a committee by giving each member of the committee notice, before the meeting, of the date, time, place and purpose of the meeting. (3) In convening a special meeting of a committee, there is no minimum period of notice to be given and notice can be given by telephone, facsimile, letter, electronic mail or orally in person.

2.6 Notice of meeting Failure of any member to receive a notice convening a meeting shall not affect the validity of the meeting, so long as all reasonable steps have been taken to give the notice.

2.7 Notice of adjournment (1) When a meeting is adjourned to a day and hour other than the next ordinary meeting date, notice of the adjourned meeting shall, if time permits, be given to each member. (2) At the resumption of an adjourned meeting, no business shall be transacted other than such business as remains outstanding on the notice paper of the adjourned meeting.


PART 3—QUORUM FOR MEETINGS AND ADJOURNMENT WHEN NO QUORUM 3.1 Quorum for meetings The requirements for a quorum at a meeting are as prescribed in the Act and Regulations.

3.2 Quorum not present during meeting (1) If at any time during the course of a meeting a quorum is not present, the presiding person, upon becoming aware of that fact, shall adjourn the proceedings for a period not exceeding 30 minutes. (2) If a quorum is not present at the expiration of the suspension period in subclause (1), the person presiding may— (a) adjourn the meeting to a time and date to be set by the presiding person, which may be the

same day or another day, or (b) may cancel the meeting.

3.3 Debate on motion to be resumed Where the debate on any motion is interrupted due to the adjournment of a meeting under subclauses 3.2(1) or (2), that debate is to be resumed at the next meeting at the point at which it was so interrupted.

3.4 Names to be recorded At any meeting— (a) at which there is not a quorum present; or (b) which is adjourned or cancelled under subclause 3.2(2); the names of the members then present are to be recorded.

PART 4—PUBLIC PARTICIPATION 4.1 Public participation (1) Members of the public are welcome to attend all meetings of council or a committee where there has been no resolution to close the meeting to the public. A copy of the agenda of an ordinary meeting and, where time permits, a special meeting, is to be made available in the local government’s libraries and at the administration centre prior to the meeting. (2) Parts of the agenda may be marked “Confidential”. The public will not have access to this part of the agenda or related documents. (3) Subclause 8.5(1) of this Local Law allows for a resolution to be passed that a meeting be closed to members of the public to discuss any matter identified in the Act that may allow the meeting to be closed to the public. If that occurs members of the public will be asked to leave the room as provided in subclause 8.5(2). (4) Members of the public are not permitted to interrupt or enter into any conversation during a meeting except in accordance with subclause (5). (5) (a) At the beginning of each meeting, members of the public will have the opportunity to place

questions before the Council or committee in accordance the Regulations. (b) A member of the public who raises a question during question time is to provide his or her

name and address. (c) A question may be taken on notice by the council or committee for later response. (d) When a question is taken on notice under subclause (5)(c) the CEO is to ensure that a

response is given to the member of the public in writing, a copy is provided to councillors and the response placed in the agenda of a subsequent meeting.

(6) A committee may resolve by simple majority, to invite a member of the public in attendance to make a brief comment in relation to a matter on the agenda of the meeting, either during question time held under subclause (5), or when the matter is discussed during the course of the meeting. (7) When the committee resolves in the terms of subclause (6) the presiding person is to determine the person or number of persons who may comment and the duration of any comment and may extend the time allowed for any comment. (8) A committee may resolve by simple majority to invite a member of the council who is not a member of the committee to participate in the debate on all or any part of the agenda of the meeting.

4.2 Inspection entitlement Members of the public have access to agenda material in the terms set out in Regulation 14 of the Regulations.

4.3 Confidentiality of information withheld (1) Information withheld by the CEO from members of the public under Regulation 14(2) of the Regulations, is to be— (a) Identified in the agenda of a Council or committee meeting under the item “Confidential

Items”; and (b) Marked “confidential” in the agenda. (2) A member of the Council or a committee or an employee of the Council in receipt of confidential information is not to disclose such information to any person other than a member of the Council or the committee or an employee of the Council to the extent necessary for the purpose of carrying out his or her duties.


PART 5—BUSINESS AT MEETING 5.1 Business to be specified in notice (1) No business is to be transacted at any meeting other than for the purpose specified in the notice relating to the meeting, except— (a) matters that the Act permits to be dealt with without notice; and (b) matters that this Local Law expressly permits to be dealt with without notice. (2) Without limiting the generality of subclause (1), no business is to be transacted— (a) at an ordinary meeting of the council other than that specified in the agenda, without the

approval of the presiding member or a decision of the council; (b) at a special meeting of the council other than that given in the notice as the purpose of the

meeting; (c) at a committee meeting other than that specified in the agenda or given in the notice as the

purpose of the meeting, without the approval of the presiding member or a decision of the committee; and

(d) at an adjourned meeting of the council or a committee other than that— (i) specified in the notice of the meeting which had been adjourned; and (ii) which remains unresolved,

except in the case of an adjournment to the next ordinary meeting of the council or the committee, when the business unresolved at the adjourned meeting is to have precedence at that ordinary meeting.

5.2 Order of business at an ordinary meeting (1) Disclosure of Interests Notified in Writing If a member has disclosed an interest in a written notice given to the CEO before a meeting, then before the meeting— (a) the CEO is to cause the notice to be given to the presiding person; and (b) the presiding person is to bring the notice to the attention of the persons who attend the

meeting. (2) The Order of Business at any ordinary meeting of council or a committee shall be as decided by council or the committee from time to time and unless otherwise decided by Council or the committee at a meeting, shall be as near as practicable to the following— 1. Opening and Announcement of Visitors; 2. Disclaimer (read aloud by presiding member); 3. Attendance and Apologies; 4. Leave of Absence; 5. Answers to Questions from the Public Which Were Taken on Notice; 6. Councillors’ and Employees’ Disclosures of Financial Interest and Interests Affecting

impartiality; 7. Public Question Time; 7.1 Questions relating to reports contained in the agenda, 7.1.1 Questions of Which Due Notice Has Been Given, 7.1.2 Questions of Which Due Notice Has Not Been Given, 7.2 Other questions 7.2.1 Questions of Which Due Notice Has Been Given, 7.2.2 Questions of Which Due Notice Has Not Been Given, 8. Public Statement Time; 9. Petitions, Presentations and Deputations; 9.1 Petitions, 9.2 Presentations, 9.3 Deputations; 10. Receiving Minutes of Committee Meetings; 11. Confirmation of Minutes; 12. Announcements by the Presiding Person; 13. Declarations of Due Consideration; 14. Members’ Questions of Which Due Notice Has Been Given; 15. Members’ Questions of Which Due Notice Has Not Been Given; 16. Business Left Over From Previous Meeting; 17. Reports by the CEO and Executive Officers; 18. Adoption of Recommendations Contained in Items Not Withdrawn; 19. Urgent Business; 20. Motions of Which Previous Notice Has Been Given;


21. Notices of Motion Given For Consideration at The Following Meeting if Given During The Meeting;

22. Confidential Business; 23. Date, Time and Place of the Next Meeting; 24. Closure of the Meeting. (3) Notwithstanding subclause (2), the CEO may include on the agenda of a council or committee meeting in an appropriate place within the order of business any matter which must be decided, or which he or she considers is appropriate to be decided, by that meeting.

5.3 Public question time (1) A member of the public who raises a question during Public Question Time is to state his or her name and address before commencing the question. (2) In putting any question, no argument or expression of opinion is to be used or offered nor any facts stated except those necessary to explain the question. (3) A question may be taken on notice by the council or committee for later response if it seems to the presiding person appropriate to do so. (4) When a question has taken on notice under subclause (3), a response is to be given to the member of the public in writing by the CEO, and a copy is to be included in the agenda of the next ordinary meeting of the council or committee, as the case requires.

5.4 Petitions A petition in order to be effective, is to—

(a) be addressed to the Mayor; (b) be made by electors of the district;

(c) state the request on each page of the petition; (d) contain the names, addresses and signatures of the electors making the request, and the date

each elector signed;

(e) contain a summary of the reasons for the request; (f) state the name of the person upon whom, and an address at which, notice to the petitioners

can be given;

(g) be in the form prescribed by the Act and the Local Government (Constitution) Regulations 1996 if it is—

(i) a proposal to change the method of filling the office of Mayor; (ii) a proposal to create a new district or the boundaries of the City;

(ii) a request for a poll on a recommended amalgamation; or (iv) a submission about changes to wards, the name of the district, or a ward, or the

number of councillors for a district or a ward.

5.5 Presentations to Council (1) Unless otherwise decided by a simple majority of the council, the council is not to receive an oral presentation at a council meeting. (2) Any request for an oral presentation must be made in writing to the CEO in sufficient time before the meeting at which the matter is to be considered, to allow the presentation to be received at a council briefing session before the meeting.

5.6 Deputations (1) A deputation purely for ceremonial or civic purposes can be received at a Council Meeting without complying with the other provisions of this clause. (2) A deputation wishing to be received by the council or a committee is to apply in writing to the CEO who is to forward the written request to the Mayor, or the presiding member as the case may be, at least 48 hours prior to the commencement of the meeting. (3) The Mayor, or the presiding member as the case may be, may either approve the request, in which event the CEO is to invite the deputation to attend the meeting of the council or committee as the case may be, or may instruct the CEO to refer the request to the council or committee to decide by simple majority whether or not to receive the deputation. (4) A deputation invited to attend a Council or committee meeting— (a) is not to exceed 5 persons, only 2 of whom subject to subclause (5) may address the council or

committee; (b) is not to address the council or committee for a period exceeding 10 minutes in total without

the agreement of the council or the committee as the case requires; (c) may by decision of the presiding member be restricted to a presentation time of less than 10

minutes if the pressure of business for that meeting so requires.

(5) Members of the council or committee may ask a questions or questions of members of the deputation and any member of the deputation may respond to any such question. (6) Any matter which is the subject of a deputation to the council or a committee is not to be decided by the council or that committee until the deputation has completed its presentation.


(7) The Mayor in the case of a request to attend a council meeting or the presiding person in the case of a request to attend a committee, may decide and direct the CEO that a deputation should be received at a council briefing session in any case where the request for the deputation is received prior to the briefing session.

5.7 Confirmation of minutes (1) On considering the minutes of a previous meeting a question of accuracy of those minutes arising under subclause (2) is permitted. (2) If a member identifies an inaccuracy in the minutes, then the member is to— (a) state the item or items with which the member is dissatisfied; (b) identify the inaccuracy with precision; and (c) propose a motion clearly outlining the alternative wording to amend the minutes

5.8 Announcements by the Presiding Person (1) At any meeting of the council or a committee, the presiding person may announce or raise any matter of interest or relevance or the business of the council or committee, or propose a change to the order of business. (2) Any member may move that a change in order of business proposed by the presiding person not be accepted, and if the motion is carried by a majority of members present, the proposed change in order is not to take place.

5.9 Declarations of due consideration Any member who is not familiar with the substance of any report or minute or other information provided for consideration at a council or committee meeting is to declare that fact at the time declarations of due consideration are called for in the order of business at the meeting, or otherwise before the meeting considers the matter. In the event that any member makes such a declaration, the relevant matter is to be stood down for later consideration at that meeting so as to allow an opportunity for the member making the declaration to become familiar with the relevant report or minutes or other information. If the delay in consideration of the matter has not allowed sufficient time for the member to give due consideration to the matter, unless the member satisfies the presiding person that he or she can pass an informed vote, the member should leave the chamber before the matter is put to the vote.

5.10 Questions by Members of which due notice has been given (1) A question on notice is to be given by a member in writing to the CEO at least 4 clear working days before the meeting at which it is to be raised. (2) If the question referred to in subclause (1) is in order, the answer is, so far as is practicable, to be included in written form in the agenda of the meeting, or otherwise tabled at that meeting. (3) Every question and answer is to be submitted as briefly and concisely as possible and no discussion is to be allowed thereon, unless with the consent of the presiding person.

5.11 Urgent business (1) A member may move a motion involving urgent business that is not included in the agenda for that meeting provided that— (a) the person who is the presiding person has first consented to the business being raised; (b) the urgency of the business is such that the business cannot await inclusion in the agenda for

the next ordinary meeting; and (c) if the business was to be deferred to the next ordinary meeting, such delay could have legal or

financial implications for the City. (2) If at an ordinary meeting a member objects that a motion introduced as urgent business and moved without notice does not deal with urgent ordinary business within the scope of subclause (1) above, the motion shall be of no effect unless it is agreed to at the meeting by an absolute majority of the members.

5.12 Motions of which previous notice has been given (1) Unless the Act, the Regulations or this Local Law otherwise provide, a member may raise at a meeting such business as he or she considers appropriate, in the form of a motion, of which notice has been given in writing to the CEO. (2) A notice of motion under subclause (1) is to be given at least 4 clear working days before the meeting at which the notice of motion is to be moved. (3) At the time of giving the notice of motion, the member must also provide a written commentary in the nature of a report that supports the purpose of the motion to assist the responsible employee in reporting the matter to council. (4) A notice of motion is to relate to the good government of persons in the district. (5) The CEO— (a) with the concurrence of the presiding person, may exclude from the notice paper any notice of

motion deemed to be out of order; or (b) may on his or her own initiative make such amendments to the form but not to the substance

thereof as will bring the notice of motion into proper form; and (c) may under his or her name provide relevant and material facts and circumstances pertaining

to the notice of motion on such matters as policy, budget and law.


(6) A motion of which notice has been given is to lapse unless— (a) the member who gave notice thereof, or some other authorised by him or her in writing,

moves the motion when called on; or (b) the council on a motion agrees to defer consideration of the motion to a later stage or date. (7) If a notice of motion is given and lapses in the circumstances referred to in subclause (6), a notice of motion in the same terms or to the same effect is not to be given again for at least 3 months from the date of such lapse.

5.13 Notices of motion (1) A member may bring forward at a meeting such business as that member wishes in the form of a motion, of which notice has been given either at the previous meeting, or at any time in writing to the CEO thereafter, being no less than 7 clear days before the meeting at which it is to be brought forward. (2) At the time of giving the notice of motion, the member must also provide a written commentary in the nature of a report that supports the purpose of the motion to assist the responsible employee in reporting the matter to council. (3) A notice of motion shall lapse unless the member who gave the notice thereof, or some other member authorised in writing by the member who gave the notice, is present to move the same when such motion is called on.

5.14 Confidential business (1) Every matter dealt with by, or brought before a meeting closed to the public shall be treated as confidential and shall not, without the authority of the meeting, be disclosed to any person other than the members or employees of the council (and in the case of employees—only so far as may be necessary for the performance of their duties), prior to the discussion of that matter in connection with a motion at a meeting held with open doors. (2) Information relating to matters to be dealt with while a meeting is closed to the public is to be marked by the CEO as confidential in the agenda and— (i) is then to be treated as confidential by persons in receipt of this information; and (ii) is not without the authority of the council to be disclosed to any person other than the Mayor,

members or the employees of the City to the extent necessary for the purpose of carrying out their duties.

PART 6—RULES OF DEBATE 6.1 Recording of proceedings prohibited No person other than the CEO or an employee acting under the authority of the CEO is to use any electronic visual or vocal recording or transmitting device or instrument to record or transmit the proceedings of a meeting unless the person has been given permission to do so by the Mayor in the case of a council meeting or the presiding person of a committee as appropriate.

6.2 Seating of Members (1) Seating of members and layout of meeting rooms is as decided by the presiding person or a majority of member’s present if the meeting so decides. (2) The Council at the first meeting held after election day may allot a position at the Council table to each member, and in that case members are to occupy those positions until such time as the order is changed under subclause (1) above. (3) If a distinguished visitor is present at a meeting of the council, the Mayor may invite the person to sit beside the Mayor, or at the council table.

6.3 Members to address the presiding person At a council or a committee meeting a member moving a motion or amendment, or taking part in the discussion thereon, shall at all times address the presiding person.

6.4 Official titles to be used At a meeting, a speaker when speaking or referring to the presiding person, a member or the chief executive officer, shall address them by their official titles of “Mayor”, “Councillor”, “Member” or “Chief Executive Officer”, as the case may be. All other employees of the City shall be addressed by their position titles.

6.5 Order of speaking If 2 or more members rise to speak at the same time, the presiding person shall decide the order of speaking.

6.6 Crossing the meeting room or leaving meeting (1) When the presiding person is putting a motion to the vote, no member shall walk out of or across the meeting room, nor shall any member, whilst any other member is speaking, pass between the speaker and the presiding person. (2) During the course of a meeting of the Council or a committee no member is to enter or leave the meeting without making the presiding person aware of the fact in order to facilitate the recording in the minutes the facts of the time of entry or departure.


6.7 Continued irrelevance—unbecoming language—breach of order The presiding person may call the attention of the meeting to continued irrelevance, tedious repetition, unbecoming language, or any breach of order on the part of a member and may direct such member, if speaking, to discontinue their speech and thereupon such member shall cease speaking and resume their seat. A member failing to comply with such a direction may be declared by the presiding person to be out of order so as to attract the operation of clause 9.13 of this Local Law.

6.8 Adverse reflection No member of the council or a committee is to reflect adversely upon a decision of the council or any committee except on a motion that the decision be revoked or changed.

6.9 No adverse reflection on a Member or employee (1) A member present at a meeting shall not reflect adversely upon the character or action of another member or employee, nor impute any improper motive to a member or employee, unless the meeting resolves, without debate, that the motion then before the meeting cannot otherwise be adequately considered. (2) A member who uses any expression which in the opinion of the presiding person reflects adversely on the council or any member or employee of the City, shall when required by the presiding person unreservedly withdraw such expression and make a satisfactory apology to the presiding person, and if that member declines, or neglects to do so, the presiding person may declare the member to be in Continued Breach of Order and the member may be dealt with in accordance with clause 9.13.

6.10 Point of order (1) A member who is addressing the presiding person shall not be interrupted except upon a point of order, in which event the member shall resume their seat until the member raising the point of order has been heard thereon and the point of order has been either upheld or rejected by the presiding person, whereupon the member so interrupted may, if permitted, proceed. (2) A member rising to express a difference of opinion, or to contradict a speaker, shall not be recognised as raising a point of order.

6.11 Points of order—when valid (1) The following are to be recognised as valid points of order— (a) that the discussion is of a matter not relevant to the matter then under consideration by the

meeting; (b) that offensive or insulting language is being used; (c) that there has been an insinuation as to the character, morality, honesty, or motives of a

member or employee; (d) drawing attention to a breach of this Local Law or of any other written law; (e) drawing attention to the breach of a Code of Conduct of the City. (2) A member raising a point of order shall specify one of the grounds in subclause (1) and in the case of item (d) or (e) must state the provision of this Local Law, the other written law or the Code of Conduct believed to be breached.

6.12 Rulings by Presiding Person The presiding person shall decide all questions of order and that decision shall be final unless a majority of members present at the meeting decide otherwise pursuant to clause 8.12.

6.13 Suspension of standing orders (1) A member may, at any time, move that the operation of one or more of the standing orders or clauses be suspended. (2) A member moving a motion under subclause (1) is to identify the clause or clauses containing the standing orders to be suspended, and state the reasons for the motion, but no other discussion is to take place. (3) A motion under subclause (1) which is seconded and carried is to suspend the operation of the clauses to which the motion relates for the duration of the meeting, unless the meeting earlier resolves otherwise.

PART 7—ORDER OF DEBATE 7.1 Order of call and conduct of Members during debate (1) The presiding person will call speakers to a substantive motion in the following order— (a) The mover to state the motion;

(b) A seconder to the motion; (c) The mover to speak to the motion;

(d) The seconder to speak to the motion; (e) Speakers for and against the motion;

(f) The mover takes right of reply, which closes debate. (2) In the event of two or more members wishing to speak at the same time, the presiding person is to decide which member is entitled to be heard first. Notwithstanding any other provisions of the Local Law, that decision is not open to discussion or dissent.


(3) Unless otherwise prohibited by the Act, and subject to compliance with procedures for the debate of motions contained in this Local Law, the presiding person may take part in a discussion of any matter before the council or committee as the case may be. (4) Any member moving a motion or amendment, or taking part in the discussion thereon, shall address the presiding person and may rise if the member so desires, or shall do so when requested by the presiding person except when prevented from so doing by sickness or physical disability. The council at any time may decide that all persons at meetings are as a general rule, to rise when speaking unless prevented by disability from doing so, and any such rule should continue to apply until the council decides otherwise. (5) Every member is to restrict his or her remarks to the motion or amendment under discussion, or to a personal explanation or point of order, and is to avoid irrelevancy.

7.2 Motions or amendments A member who wishes to propose an original motion or amendment shall state its substance before the member addresses the meeting thereon, and if so required by the presiding person, shall put the motion or amendment in writing.

7.3 Division of complicated motions The presiding person may, or the meeting may on a motion carried without debate, order a complicated motion to be divided and put in the form of 2 or more motions.

7.4 Withdrawal of motion A motion or amendment may be withdrawn by the mover and it shall not be competent for any member to speak upon that member’s motion after the mover has withdrawn it.

7.5 Motions and amendments to be seconded Unless otherwise required by other legislation, no motion or amendment shall be discussed or put to the vote of the meeting, unless it has been seconded.

7.6 Unopposed business (1) Upon a motion being moved and seconded, the presiding person may ask the meeting if any member opposes it.

(2) If no member signifies opposition to the motion, the presiding person may declare the motion carried without debate and without taking a vote thereon. (3) A motion carried under subclause (2) may be recorded in the minutes as a unanimous decision of the meeting. (4) If a member signifies opposition to a motion, the motion is to be dealt with in accordance with clause 7.7.

(5) This clause does not apply to any motion or decision to revoke or change a decision that has been made at a Council or committee meeting. Any motion or decision is subject to the Regulations.

7.7 Determining a vote (1) Subject to Clause 7.6—(Unopposed Business), the method of determining a vote shall be in accordance with the Act and every member of council or a committee who is present at a meeting of the council or a committee is to vote. The procedure is as set out below— (a) The presiding person, in taking the vote on any motion, is to— (i) put the motion first in the affirmative and then the negative; (ii) determine whether the affirmative or the negative has the majority of votes; and (iii) declare the result of the vote. (b) The motion put under subclause (1) paragraph (a) may be put as often as is necessary to

enable the presiding person to determine that the affirmative or the negative has the majority of votes.

(c) The result of voting is to be determined on the show of raised hands. (d) Voting at a meeting is to be conducted so that no member’s vote is secret except in the case of

the filling of the office of Mayor or Deputy Mayor of the council, or the election of the presiding persons or deputy presiding persons for committees.

(2) The voting on a motion is to be taken only by the presiding person calling for a show of hands for the affirmative and then calling for a show of hands for the negative and no member may express a view or attempt to vote on the motion in any other way. 7.8 Member not to speak twice (1) No member is to speak twice on the same motion, except by way of personal explanation, or in reply upon an original motion of which the member was the mover or an amendment last debated of which the member was the mover, or through the chair to ask a question concerning and relevant to the subject matter of the motion or amendment, of another member or employee present at the meeting. (2) The council may, by resolution, suspend the operation of this clause during the debate of any motion. (3) The presiding person shall, without waiting for the intervention from members of the meeting, call to order any member proceeding to speak a second time on the same motion, except where the member is otherwise authorised to do so.


7.9 Time limit of speeches (1) A member shall not speak upon any motion or amendment or in reply for a period longer than 5 minutes without the consent of the meeting, which shall be signified without debate by a simple majority of members present. (2) No extension under subclause (1) is to be for a period greater than 5 minutes.

7.10 No digression A member shall not speak otherwise than upon, or digress from, the motion then before the meeting, except to make a personal explanation.

7.11 Personal explanation—when heard and ruling by Presiding Person (1) A member wishing to make a personal explanation of matters referred to by any member then speaking, shall be entitled to be heard immediately, if the member then speaking consents at the time, but if the member who is speaking declines to give way, the explanation must be offered at the conclusion of that speech. Any member of the council or committee who is permitted to speak under these circumstances is to confine the observations to a succinct statement relating to a specific part of the former speech that may have been misunderstood and shall not refer to matters not strictly necessary. (2) The presiding person is to decide on the admissibility of a personal explanation in accordance with clause 11.1. The decision of the presiding person shall be final. (3) The presiding person is to decide on the duration of a personal explanation provided the time is not to be longer than 5 minutes.

7.12 Speaking in reply A member speaking in reply shall not introduce any new matter, but shall strictly confine the reply to answering previous speakers and shall speak in reply for no more than 3 minutes.

7.13 Members not to interrupt No member is to interrupt another member whilst speaking unless— (a) to raise a point of order; (b) to call attention to the absence of a quorum; or (c) to make a personal explanation under clause 7.11.

7.14 No speech after certain events (1) No member is to re-open discussion on any decision of the council or committee, except for the purpose of moving that the decision be revoked or altered. (2) Without limiting the generality of subclause (1), no member is to speak on any motion or amendment— (a) after the mover has replied; or

(b) after the motion has been put if the mover declines to reply.

PART 8—PROCEDURAL MOTIONS

8.1 Motions and amendments to be determined without digression When a motion is under debate at a meeting, another motion shall not be received unless it be a motion authorised by the Act or this Local Law or one of a nature necessary for the proper observance of the Act or this Local Law.

8.2 Permissible formal motions during debate (1) Whilst a motion is under debate, a member may move a procedural motion which, provided it is seconded, shall be dealt with immediately.

(2) Each of the following is a procedural motion for the purpose of this clause— (a) that the matter be referred back to committee;

(b) that the motion be amended; (c) that the meeting proceed behind closed doors;

(d) that the meeting be adjourned; (e) that the debate be adjourned;

(f) that the matter be deferred; (g) that the motion be now put;

(h) that the meeting proceed with the next business; (i) that the motion lie on the table;

(j) that the ruling of the person presiding be disagreed with; (k) that the meeting be now closed.

(3) A member who has moved, seconded or spoken on the matter then before the meeting shall not move a procedural motion on that matter other than the motions referred to in subclause (2) paragraphs (a), (c) and (i).


8.3 That the matter be referred to Committee—when moved and how dealt with (1) Where the matter before council is a recommendation from a committee of the council, any member may at the conclusion of the speech of any other member, move without notice that the matter be referred back to the committee and, on any such motion, the mover may speak for not more than 3 minutes, the seconder shall not speak other than to formally second and the presiding person of the Committee or in the absence of the presiding person, a member thereof, may speak for not more than 3 minutes, but no other debate shall be allowed. (2) In the case of a committee of which no member of council present at the meeting is a member of the committee whose recommendation is the matter before council, the motion shall be put to the vote after the mover has spoken.

8.4 That the motion be amended—when valid, how dealt with and effect (1) Every amendment is to be relevant to the motion, and is not to have the effect of negating the motion. (2) As often as an amendment is lost, another amendment may be moved before the original motion is put to the vote. Where an amendment is carried, one further amendment to the original motion, as amended, and no more may be carried. (3) In speaking to an amendment, a member may give notice of intention to move another amendment, subject to the constraint in subclause (2). (4) Where an amendment is carried, the original motion, as now amended, shall for all purposes of subsequent debate be treated as the original motion.

8.5 That the meeting be closed to the public—when moved, how dealt with and effect (1) A member may at the conclusion of a speech of any other member move without notice, for the purpose of dealing with any matter referred to in s.5.23(2) of the Act, that the meeting be closed to the public and on any such motion, the mover may speak for not more than 3 minutes, the seconder shall not speak other than to formally second and no other debate shall be allowed. (2) Where a meeting resolves that the meeting or part of it be closed to members of the public , the following is to occur— (a) the presiding person is to direct all persons other than the members and those persons who

they require to assist them with the business, to leave the meeting room and every person is to comply with that direction immediately; and

(b) the meeting is closed to other members of the public until the meeting resolves to open the meeting to members of the public.

(3) A person who fails to leave the meeting room when so directed, under subclause (2) may, by order of the presiding person, be removed from the meeting room.

8.6 That the meeting be adjourned—when moved, how dealt with and effect (1) A member may, at the conclusion of the speech of any other member or on the conclusion of any business, move without notice that the meeting be adjourned and that motion shall state a time and date to which the adjournment is to be made.

(2) On a motion to adjourn, the mover may speak for not more than 3 minutes, the seconder shall not speak other than to formally second and the mover of a motion (if any) which is then under debate, may speak for not more than 3 minutes, but no other debate shall be allowed.

(3) If any motion for adjournment of the meeting is negated, the subject then under consideration or the next matter on the notice paper shall be discussed before any subsequent motion for adjournment shall be entertained.

(4) If any motion for adjournment of the meeting is carried, the matter (if any) under debate when the decision for adjournment was made, will stand adjourned until the next meeting. (5) On resuming debate on any matter from an adjourned meeting, the member who moved its adjournment shall be entitled to speak first.

(6) At the same sitting, no member may move or second more than one motion for the adjournment of the meeting.

(7) On a motion for adjournment of the meeting being carried, a record shall be taken of all those who have spoken on the matter under consideration at the time of the adjournment and they shall not be permitted to speak on any subsequent consideration of the same matter when the meeting is resumed, but this clause does not deprive a mover of the right of reply.

8.7 That the debate be adjourned—when moved, how dealt with and effect (1) A member may, at the conclusion of a speech of any other member move, without notice, that the debate be adjourned to a later hour on the same day or to any other day. (2) On a motion that a debate be adjourned, the mover may speak for not more than 5 minutes, the seconder shall not speak other than to formally second and no other debate shall be allowed, but if the matter then before the meeting is a recommendation from a standing committee, the presiding person of the committee concerned, or in the absence of the presiding member a member thereof, may speak for not more than 3 minutes. (3) On resuming an adjourned debate, the member who moved its adjournment shall be entitled to speak first. (4) At the same meeting no member shall move or second more than one motion for adjournment of the same debate.


(5) On a motion for the adjournment of a debate being carried, a record shall be taken of all those who have spoken on the matter under debate and they shall not be permitted to speak on any resumption of the debate on that subject, but this clause does not deprive a mover of the right of reply.

8.8 That the matter be deferred—when moved, how dealt with and effect (1) A member may— (a) at the conclusion of the mover’s opening speech to the motion; or (b) if the mover elects not to speak on moving the motion, prior to any debate on the motion, move a motion without notice, that the matter be deferred to a later hour on the same day or to a subsequent meeting. (2) Should the motion to defer be carried there shall be no further debate on the motion until the time to which it is deferred.

8.9 That the motion be now put—when moved, how dealt with and effect (1) A member may, at the conclusion of the speech of any other member, move without notice, that the question under consideration be now put and upon the motion being seconded, it shall immediately be voted upon without debate. (2) A motion that the question be now put shall not be decided in the affirmative unless supported by a 75% majority (rounded up to the nearest whole number) of the members present. (3) Should the motion be carried, any amendment before the meeting shall be put at once, or, if there is no amendment before the meeting, then the original motion or original motion as amended, shall be put at once, subject to subclause (4). (4) Whenever it is decided by the meeting that the motion under consideration shall be put, the mover of the motion under consideration shall, if debate has occurred, and if otherwise entitled to do so, be permitted to speak in reply for no more than 3 minutes before the motion is put.

8.10 That the meeting proceed with the next business—when moved, how dealt with and effect (1) A member may at the conclusion of the speech of any other member, move without notice, that the meeting proceed to the next business and if the motion be seconded, it shall be put forthwith without debate. (2) If a motion “that the meeting proceed to the next business” is carried, then the substantive motion and any amendment being debated shall be considered as lapsed and no further debate is permitted.

8.11 That the motion lie on the table—when moved, how dealt with and effect (1) A member may at the conclusion of the speech of any other member, move without notice that the motion or amendment under consideration lie on the table and upon that motion being seconded, it shall immediately be put without debate. (2) Whenever it is decided by the meeting that a motion under consideration shall lie on the table, if it is passed in respect of an amendment, then the amendment and the substantive motion to which it relates must lie on the table. (3) The meeting may at any time resolve to take the motion from the table. (4) On a motion that the question lie on the table being carried, a record shall be taken of all those who have spoken on the subject under consideration up to the closing of the meeting and they shall not be permitted to speak on any subsequent consideration of the same matter when the debate is resumed, but this clause does not deprive a mover of the right of reply.

8.12 That the ruling of the Presiding Person be disagreed with—when moved, how dealt with and effect (1) Subject to clauses 9.8 and 13.2, when the presiding person gives a ruling under clause 6.13 of this Local Law, a member may, provided it is done immediately, move that the ruling of the presiding person be disagreed with. (2) On a motion that the ruling of the presiding person be disagreed with, the mover may speak for not more than 3 minutes and the seconder shall not speak other than to formally second the motion. (3) If a motion under subclause (1) is carried, the ruling of the presiding person is reversed and the meeting shall proceed accordingly.

8.13 That the meeting be now closed—when moved, how dealt with and effect (1) A member may at the conclusion of a speech of any other member, or on the conclusion of any business, move without notice that the meeting be now closed and upon that motion being seconded, the motion shall, subject to subclause (2) be immediately put without debate. (2) On a motion that the meeting be now closed, the mover may speak for not more than 3 minutes and the seconder shall not speak other than to formally second the motion. (3) If a motion that the meeting be closed is negated, a similar motion shall not be moved until after the matter under discussion has been disposed of, or if the closure was moved on the completion of a matter, a similar motion shall not be moved until the next matter on the agenda has been disposed of. (4) On a motion that the meeting be now closed being carried, the debate on any matter under debate when the motion was moved will stand adjourned to its place on the agenda for the next meeting. (5) On a motion that the meeting be now closed being carried, a record shall be taken of all those who have spoken on the subject under consideration up to the closing of the meeting and they shall not be permitted to speak on any subsequent consideration of the same matter when the debate is resumed, but this clause does not deprive a mover of the right of reply.


PART 9—PRESERVING ORDER 9.1 Presiding Person to preserve order The presiding person shall be responsible for preserving order and may call any member to order whenever in the opinion of the presiding person there is cause for doing so.

9.2 Presiding Person to be heard Whenever the presiding person rises during a debate, any member then speaking or offering to speak is to sit down and the meeting is to be silent so that the presiding person may be heard without interruption.

9.3 Definition of order Any member who does anything or behaves in a manner which is forbidden by any of this Local Law shall be deemed to be out of order.

9.4 Breaches of order Notwithstanding the generality of the preceding clause the following shall be recognized as breaches of order— (a) the use of offensive or insulting language; (b) insinuations as to the character, morality, honesty or motives of a member or employee; (c) the violation of any part of this Local Law or any other written law of the City; (d) any other breach of a Code of Conduct of the council at a meeting.

9.5 Member drawing attention to breach of order (1) Any member may direct the attention of the presiding person to any breach of order by any member at the meeting. A member directing attention to a breach of order under this clause is not to be taken to be raising a point of order within the meaning of clause 6.1 unless the alleged breach of order is by a member speaking in the course of debate in which case the matter is to be dealt with as a point of order under clauses 6.11, 6.12 and 6.13. Otherwise the provisions of this clause apply. (2) A ruling by a presiding person on allegation of breach of order under this clause shall be final and not open to debate under clause 6.13 or otherwise.

(3) A member directing attention to a breach of order shall specify one of the grounds in subclause 11.4(1) and in the case of item (c) or (d) shall state the provision of this Local Law, or the written law or Code of Conduct believed to be breached.

9.6 Prevention of disturbance (1) No interruption

A person, not being a member, shall not at any meeting interrupt the proceedings of the meeting. (2) Person not a Member interrupting

Any person, not being a member, interrupting the proceedings of the meeting shall when so directed by the presiding person, forthwith leave the room in which the meeting is being held.

(3) Removal by order Any person, not being a member, who, being directed to leave the meeting fails to do so may, by order of the presiding person, be removed from the meeting room.

(4) Enforced removal If a person, not being a member, ordered by the presiding person to be removed from the meeting room cannot be removed without the application of physical force then a member or members of the Western Australian Police shall be called to the meeting to effect the removal of the person and the meeting may be adjourned until the person has been removed.

9.7 Precedence of questions of order Notwithstanding anything contained in this Local Law to the contrary, the raising of a point under clause 1.11 or the allegation of a breach of order under clause 9.5 shall, until the question is decided, suspend the consideration of and decision on every other question.

9.8 Rulings by Presiding Person Notwithstanding clauses 6.12 and 8.12, there shall be no dissent from a ruling of the presiding person allowing or disallowing a question on a matter required to be dealt with.

9.9 Ruling out of order Whenever the presiding person has decided that any motion, amendment or other matter before the meeting is out of order, it shall be rejected and whenever anything said or done by any member is similarly decided to be out of order by reason of use of offensive or insulting language or insinuation as to the character, morality, honesty or motives of a member or employee, that member ruled out of order shall be called upon by the presiding person to make such explanation, retraction or apology, as the case may require. The provisions of this clause apply to a member who is out of order under clause 6.12 or clause 9.4.

9.10 Withdrawal of offensive expression (1) Notwithstanding the provisions of subclause 6.12(2) or clause 9.5, together with clause 9.9, any member who uses an expression which, in the opinion of the presiding person, is offensive to any member or employee is, when required by the presiding person, to unreservedly withdraw the expression and make a satisfactory apology.


(2) If the member declines to do so, the presiding person may refuse to hear the member any further upon the matter then under discussion and may call upon the next speaker.

9.11 No disturbance by member A member shall not create a disturbance in the meeting room, nor converse aloud while any other person is addressing the meeting. unless— (a) to raise a point of order; (b) to call attention to the absence of a quorum; (c) to make a personal explanation under clause 9.15.

9.12 Continued breach of order Where the presiding person declares that a member is out of order, the presiding person may direct that member to refrain from taking any further part in the debate of the item, other than by recording the member’s vote, and the member shall comply with that direction.

9.13 Serious disorder (1) If at a meeting the presiding person is of the opinion that by reason of serious disorder or otherwise, the business of the meeting cannot effectively be continued, the presiding person may adjourn the meeting for a period not exceeding 30 minutes, after the expiration of which the meeting shall reconvene and decide by majority of members present whether business is to be proceeded with, which question shall be decided forthwith and without debate. (2) Where, upon the resumption of the meeting adjourned pursuant to subclause (1), the presiding person is again of the opinion that the business of the meeting cannot effectively be continued, the presiding person shall adjourn the meeting to a time and date to be set by the presiding person which may be the same day or another day.

9.14 No effect on presentation The fact that a withdrawal or apology may be sought or given under any provision of this Local Law shall not limit the operation of the enforcement and offence provisions of this Local Law.

9.15 The Presiding Person may take part in debate Unless otherwise prohibited by the Act, and subject to compliance with procedures for the debate of motions contained in this Local Law, the presiding person may take part in a discussion of any matter before the council or committee as the case may be. Upon indicating that he or she would like to take part in the debate, the presiding person is to vacate the chair, and that part of the meeting is to be presided over by the Deputy Mayor in the case of council or electors meetings, deputy presiding person in the case of a committee meeting, or another member of the council or committee if the Deputy Mayor or deputy presiding person is unavailable or unwilling to act.

PART 10—COMMITTEES 10.1 Committees and their meetings The Act deals with committees and their meetings. See in particular— Types of committees Appointment of committee members Tenure of committee members Election of presiding members, deputy presiding members Function of deputy presiding members Who acts if presiding member not present Reduction of quorum for committees.

10.2 Classes of Committee The council shall appoint an Audit Committee in accordance with the Act and Regulations and may from time to time appoint other committees in the categories of Standing Committee, Occasional Committee, Management Committee or Advisory Committee, or such other categories as council from time to time considers appropriate. The general term “committee” when used in this Local Law refers to a committee in any of those categories.

10.3 Committee functions Upon resolving to form a committee or a category of committees, the council shall determine the functions of the committee or category of committee. The function of the Audit Committee shall be in accordance with the provisions of the Act and Local Government (Audit) Regulations 1996.

10.4 Powers delegated to Committees Upon forming a committee or a category of committees, the council may delegate powers to the committee consistent with the Act and Regulations.

10.5 Committees to keep minutes Minutes of Meetings will be kept in accordance with the provisions of the Act

10.6 Open doors As provided in clause 4.1, the business of any committee shall be conducted with open doors unless the committee resolves to close the meeting to the public as allowed by the Act.


PART 11—MISCELLANEOUS 11.1 Protection of employees

(1) Complaint If a member has any complaint concerning the ability, character or integrity of an employee or of any act or omission of such employee and desires to bring such complaint forward, the member shall submit the complaint to the CEO. Where a complaint is about the CEO, such complaint shall be submitted to the Mayor. (2) Employee to have right of reply If a complaint or criticism is made concerning an employee, whether by a member or by any other person, that employee may reply to the complaint or criticism either orally or in writing to the council, or to a relevant committee if the employee so prefers.

11.2 Implementing decisions Neither the CEO nor any member, nor any employee of the City, is to take any step to implement or otherwise give effect to a resolution until close of business on the next working day after the close of the meeting at which the resolution was passed.

11.3 Revocation or change of resolution (1) The procedure in regard to the revoking or changing of a decision made at a council or committee meeting shall be as set out in regulation 10 of the Regulations. (2) If a notice of motion to revoke or change a decision of the council or a committee is received before any action has been taken to implement that decision, then no step is to be taken to implement or give effect to that decision until such time as the motion of revocation or change has been dealt with, except that— (a) if a notice of motion to revoke or change a decision of the council or a committee is given

during the same meeting at which the decision was made, the notice of motion is of no effect unless the number of members required to support the motion under regulation 10 of the Regulations indicate their support for the notice of motion at that meeting; and

(b) if a notice of motion to revoke or change a decision of the council or a committee is received after the closure of the meeting at which the decision was made, implementation of the decision is not to be withheld unless the notice of motion has the support in writing of the number of members required to support the motion under regulation 10 of the Regulations.

(3) Implementation of a decision is only to be withheld under subclause (2) if the effect of the change proposed in a notice of motion would be that the decision would be revoked or would become substantially different. (4) The council or a committee shall not vote on a motion to revoke or change a decision of the council or committee, whether the motion of revocation or change is made with or without notice, if at the time the motion is moved or notice is given— (a) action has been taken to implement the decision; or (b) where the decision concerns the issue of an approval for the issue or authorisation of a licence

permit or certificate, and where that approval or the issue or authorisation of a licence, permit or certificate has been put into effect by the City in writing to the applicant or the applicant’s agent by an employee of the City with authority to do so,

without having considered the statement of impact prepared by or at the direction of the CEO of the legal and financial consequences of the proposed revocation or change.

11.4 Production of documents to members Access to information by members is as provided in the Act.

11.5 Meetings of electors This Local Law shall so far as practicable apply to meetings of electors except for the following— (1) The Mayor or such other person determined in accordance with section 5.30 of the Act shall preside at any meeting. (2) The Mayor or other person presiding, pursuant to the power in regulation 18 of the Regulations to determine the procedure at a general or special electors’ meeting— (a) may require questions to be submitted in writing; (b) may determine that all questions if answered at the meeting shall be answered by the person

presiding or with the permission of the person presiding, by a councillor or employee; (c) may require that if any question cannot readily be answered at the meeting, the answer shall

be given in writing as soon as reasonably practicable thereafter; (d) may require that the mover of a motion submit the motion in writing; and (e) may close the meeting when the person presiding determines that the business of the meeting

has been concluded. (3) All questions if answered at the meeting shall be answered by the Mayor or with the permission of the Mayor, by a councillor or employee.

(4) If any question cannot readily be answered at the meeting the answer shall be given in writing as soon as reasonably practicable thereafter. (5) If required by the Mayor the mover of a motion shall submit any motion in writing.


(6) The Mayor may close the meeting when the Mayor determines that the business of the meeting has been concluded.

(7) Subject to the Act and to this Local Law, the conduct of a meeting of ratepayers and electors shall be at the sole discretion of the Mayor.

PART 12—DISCLOSURE OF FINANCIAL INTERESTS 12.1 Separation of Committee recommendations If a member has disclosed a financial interest in a matter at a committee meeting, and the matter is contained in the recommendations of the committee to an ordinary meeting of Council or another committee, which meeting is likely to be attended by the member, the recommendation relating to the matter is to be separated on the agenda of the relevant meeting of the Council or the other committee, from other recommendations of the committee so as to enable the member concerned to disclose the interest at the subsequent Council or committee meeting, and to leave the meeting room prior to consideration of that matter only.

12.2 Member with a financial interest may ask to be present (1) If a member has disclosed the nature of a financial interest the member has in a matter, the member may, immediately before the matter is considered by the meeting, without disclosing the extent of the interest, request that the member be allowed to be present during any discussion or decision-making procedure relating to the matter. (2) If such a request is made, the member is to leave the meeting room while the request is considered. If the request is allowed, the member may return to the meeting room and be present during the discussion or decision-making procedure related to that matter, to the extent allowed by the other members, but is not permitted to participate in any way.

12.3 Member with a financial interest may ask to be allowed to participate (1) A member who discloses both the nature and extent of a financial interest the member has in a matter, may request permission of the meeting to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision-making procedures relating to the matter. If such a request is made, the member is to leave the meeting room while the request is considered. (2) Those matters may be considered at a meeting if raised otherwise than by the request of the member who has disclosed a financial interest, but in that event the other members should not consider the question unless the member who has disclosed the financial interest consents to the matter being considered and discloses the extent of his or her financial interest in the matter. (3) If it is decided at a meeting that a member who has disclosed both the nature and extent of the member’s financial interest in a matter, is allowed to preside at the meeting, or to participate in the discussions and/or the decision-making procedures relating to the matter, then the member may return to the meeting room to participate to the extent allowed.

12.4 Invitation to return to provide information If a member has disclosed a financial interest in a matter and has left the meeting room, the other members may resolve to invite the disclosing member to return to provide information in respect of the matter or in respect of the disclosing member’s interest in the matter and in such case the member is to withdraw after providing the information and before there is any discussion or vote on the matter.

12.5 Disclosure of financial interests by employees (1) If an employee within the meaning of section 5.70 of the Act, presents a written report to a meeting, on a matter in which the employee has a financial interest, the nature of the interest is to be disclosed at the commencement of the report. (2) If such an employee makes an oral report to a meeting on a matter in which the employee has a financial interest, the employee is to preface the employee’s report or advice to the meeting by orally disclosing the nature of the interest.

PART 13—DISCLOSURE OF INTEREST AFFECTING IMPARTIALITY Division 1—Disclosure by members

13.1 Introduction In order to address the problem of apparent bias, particularly in regard to matters where the Council is required to perform a quasi judicial function (e.g. in deciding on applications for the grant of an approval, licence or consent), the City wishes to give guidance in this Part as to the way in which members may act to protect the reputation of themselves, the City, and local government generally.

13.2 Legislative requirements The provisions in this Part are made with the knowledge that— (a) no written law requires a member who discloses an interest affecting impartiality, to leave

the meeting room; and (a) section 5.21(2) of the Act, requires each member who is present at a meeting (and who has

not disclosed a financial interest) to vote.


13.3 Disclosing member continuing to be present Where a member has disclosed in regard to a matter, an interest affecting impartiality, the member should consider whether the interest is— (a) so trivial or insignificant; or (b) shared in common with such a significant number of electors, ratepayers, or residents of the

district, that the interest would not affect the members impartiality, and would not be likely to be perceived as affecting the members impartiality. If the interest is in one of the categories (a) or (b) above, the member may see fit to continue to participate in the meeting and in that case should signify the intention to do so, to the presiding person, either— (c) in the written notice of disclosure if there is one; or (d) at the meeting immediately after the disclosure of the interest. In signifying that intention, the member should disclose the extent of the interest and the reason why the member considers the interest is trivial or insignificant or shared in common so as not to affect or appear to affect the member’s impartiality.

13.4 Disclosing member leaving the room If a member considering the matters mentioned in clauses 13.3(a) and (b) above is not satisfied that the interest disclosed is either trivial or insignificant or shared in common in the necessary sense, and may affect or be perceived to affect the members impartiality in the matter, the member should leave the meeting room before any discussion or voting on the matter occurs.

13.5 Separation of Committee recommendations—impartiality interest If a member has disclosed an interest affecting impartiality in a matter at a committee meeting, and the matter is contained in the recommendations of the committee to an ordinary meeting of the Council or of another committee that is likely to be attended by the disclosing member, the recommendation concerned is to be separated on the agenda of the relevant meeting from other recommendations of the committee, to enable the disclosing member to— (a) disclose the nature of the interest and if the member sees fit, to leave the meeting room prior

to consideration of that matter only; or (b) disclose the nature and extent of the interest and remain present in which case the member

must vote on the matter.

13.6 Member with an impartiality interest may decide to be present (1) Where a member has disclosed the nature of the member’s interest affecting impartiality in a matter, the member may, immediately before the matter is considered by the meeting, without disclosing the extent of the interest, indicate that the member intends to be present during any discussion or decision-making procedure relating to the matter. (2) If such an indication is given, the member is to remain in the meeting room and in that event is to participate in the discussion and decision-making processes in relation to the matter.

13.7 Member with an interest may ask for the meeting’s views on participation (1) A member who discloses an interest affecting impartiality may indicate a desire to take part in the discussion and decision-making processes in relation to the matter, but may seek a view of the other members as to the appropriateness of the member doing so. (2) If the disclosing member discloses not only the nature but also the extent of the interest, the other members at the meeting may, but are not obligated to express a view as to whether the interest concerned is of such a nature as to be perceived to affect the member’s impartiality. (3) The disclosing member should remain absent from the meeting room while the question in subclause (2) is being considered. (4) If it is decided at the meeting that the member who has disclosed the impartiality interest ought to participate in the discussion and decision-making processes in relation to the matter, that view should be communicated to the disclosing member and an opportunity should be given to the member to return to the meeting room in the event that the member is prepared to participate in the discussion and decision-making processes in regard to the matter. (5) The decision on departing from or remaining present in the meeting room is a decision ultimately for the disclosing member, and a decision by the other members under subclause (2) above has no greater force than a view of the majority of other members.

13.8 Invitation to return to provide information If a member has disclosed an interest affecting impartiality in a matter and has left the meeting room, the other members may resolve to invite the member to return to provide information in respect of the matter or in respect of the disclosing member’s interest in the matter, and in that event the disclosing member should be allowed an opportunity to depart the meeting room again in the event that the member does not wish to remain to participate in the discussion and decision-making process in regard to the matter.

Division 2—Disclosure by employees

13.9 Impartiality interests of employees The obligations of an employee in regard to the disclosure of an interest affecting impartiality are set out in regulation 34C of the Regulations and in any Code of Conduct of the City relating to employees.


13.10 Employee departing the meeting room When an employee discloses an interest affecting impartiality, the employee should depart the meeting room unless the employee is confident on reasonable grounds that the interest in question if fully understood as to the nature and extent, would not be perceived as capable of affecting the employee’s impartiality in relation to the matter the subject of the disclosure.

PART 14—ENFORCEMENT OF THIS LOCAL LAW 14.1 Enforcement of this local law (1) The presiding person at a meeting shall be responsible for ensuring that this Local Law is complied with during the course of the meeting and generally.

(2) The provisions of this Local Law may be enforced by proceedings in accordance with the Act but only following the specific direction of the council or committee by resolution carried by a simple majority. Unless the council directs otherwise a prosecution for an offence against this Local Law is to be commenced by the Chief Executive Officer.

(3) The taking of prosecution proceedings for an offence under this local law, or the possibility of prosecution proceedings being taken does not in any way preclude or limit the making of a complaint under section 5.107 of the Act of a minor breach of the Rules of Conduct Regulations, or a recurrent breach.

(4) Notwithstanding subclause (3), neither the presiding person nor the CEO should undertake prosecution proceedings for an offence under this local law if the presiding person or CEO has made a complaint in respect of the same matter under section 5.107 of the Act and that complaint has not been determined by the Standards Panel, or if the complaint has been determined and the member complained about has been dealt with by the imposition of any of the sanctions in section 5.110(6)(b) or (c) of the Act.

14.2 Rulings of the Presiding Person (1) In cases of procedure where this Local Law and the Act are silent, the presiding person shall decide all questions of order, procedure, debate or otherwise.

(2) Where the presiding person decides any question under this Local Law, save for a question of order decided under clause 6.12, there shall be no dissent from or debate on the decision of the presiding person.

(3) Notwithstanding the provisions of subclause (2), a presiding person in his/her sole discretion, may call for a vote on a ruling open to him/her under subclause (1). The vote is to be taken without a motion and without debate and the presiding person shall be bound by the outcome of the vote.

14.3 Penalty for offence when not otherwise specified (1) Contravention of a provision of this Local Law is an offence. (2) If the penalty for which a person is liable for committing an offence under this Local Law is not otherwise specified, the penalty is a fine of $1,000.

14.4 Custody and affixing of Common Seal (1) The form of the sealing clause of the City of Swan if required is—

“The Common Seal of the City of Swan was hereunto affixed

_____________________________________________

______________________________________________”

(2) The CEO or an employee of the City authorised by the CEO, is responsible for the care of the Common Seal and shall keep it in safe custody.

(3) If the Act or any other law requires that the Common Seal be affixed to any document, then the Common Seal shall be affixed in accordance with the provisions of the Act or any other law and if the Common Seal is required to be affixed to a document in respect of which no direction is given in the Act or any other law as to the circumstances and manner of its affixing, the council may, from time to time, direct either generally in respect of all documents not otherwise provided for, or in respect of a class of documents or a specific document, not otherwise provided for, that the Common Seal shall be affixed to any such document without any further resolution of the council being required.

(4) Where a document is not required by any Act or other law to have the Common Seal of the City affixed to it, then it may be executed by the signature of the CEO, or an employee of the City of executive status, authorised by the CEO to so sign.

(5) Notwithstanding the provisions of subclause (4), any document is validly executed by the City when the Common Seal is affixed to it by the CEO or an employee of the City authorised in that behalf by the CEO, and the CEO attests that the Common Seal has been properly affixed in accordance with the provisions of subclause (1).

(6) The CEO may authorise an employee of the City of executive status to execute documents under seal as provided in subclause (5).


(7) The CEO shall cause to be kept a register of all documents to which the Common Seal of the City has been affixed.

———— Dated the 2nd day of March 2011. The Common Seal of the City of Swan was hereunto affixed by authority of Council—

MICHAEL JAMES FOLEY, Chief Executive Officer. COLIN CAMERON, Executive Manager.

———————————



Shire of Mundaring

STANDING ORDERS

LOCAL LAW

Under the powers conferred upon it by the Local Government Act 1995, and

by all other powers enabling it, the Council of the Shire of Mundaring hereby

records having resolved on 25th February 2003 to make the following Local

Law.

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Shire of Mundaring


ARRANGEMENT

PART 1 – PRELIMINARY AND CONSTITUTING

Page No

Division 1 – Introductory Matters

1.1.1 Title 5

1.1.2 Commencement 5

1.1.3 Repeal 5

1.1.4 Content and Intent 5

1.1.5 Interpretation 5

Division 2 – Meetings and How Called

1.2.1 Meetings of the Council and Committees 7

1.2.2 Calling of Council Meetings 7

1.2.3 Calling of Committee Meetings 7

1.2.4 Convening Ordinary and Special Meetings of Council 7

1.2.5 Convening Ordinary and Special Meetings of Committee 7

1.2.6 Notice of Meeting 7

1.2.7 Notice of Adjournment 7

Division 3 – Quorum for Meetings and Adjournment When No Quorum

1.3.1 Quorum for Meetings 8

1.3.2 Quorum Not Present During Meeting 8

1.3.3 Debate on Motion to be Resumed 9

1.3.4 Names to be Recorded 9

Division 4 – Public Participation

1.4.1 Public Participation 9

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Division 5 – Business of the Meeting

1.5.1 Business to be specified in Notice 10

1.5.2 Order of Business at an Ordinary Meeting 10

1.5.3 Order of Business at a Special Meeting 11

1.5.4 Confirmation of Minutes 11

1.5.5 Notice of Motion 11

PART 2 – RULES OF DEBATE

Division 1 – Formal Conduct

2.1.1 Confidential Business 12

2.1.2 Recording of Proceedings Prohibited 12

2.1.3 Seating of Members 12

2.1.4 Members to Address the Presiding Member 13

2.1.5 Titles to be Used 13

2.1.6 Order of Speaking 13

2.1.7 Crossing the Meeting Room 13

2.1.8 Continued Irrelevance - Unbecoming language - Breach of Order 13

2.1.9 Adverse Reflection 13

2.1.10 No Adverse Reflection on a Member or Employee 13

2.1.11 Point of Order 14

2.1.12 Points of Order - When Valid 14

2.1.13 Rulings by Presiding Member 14

2.1.14 Suspension of Standing Orders 14

Division 2 – Order of Debate

2.2.1 Order of Call in Debate 15

2.2.2 Motions or Amendments 15

2.2.3 Division of Complicated Motions 15

2.2.4 Withdrawal of Motion 15

2.2.5 Motions and Amendments to be Seconded 15

2.2.6 Unopposed Business 16

2.2.7 Determining a Vote 16

2.2.8 Member not to Speak Twice 17

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2.2.9 Time Limit of Speeches 17

2.2.10 No Digression 17

2.2.11 Personal Explanation 17

2.2.12 Speaking in Reply 17

2.2.13 No Speech after Certain Events 17

2.2.14 Motions to Revoke or Change a Decision 18

Division 3 – Procedural Motions

2.3.1 Motions and Amendments to be Determined without Digression 18

2.3.2 Permissible Formal Motions during Debate 18

2.3.3 That the Matter be Referred back to Committee – When Moved and How Dealt With 18

2.3.4 That the Motion be Amended - When Valid, How Dealt With and Effect 19

2.3.5 That the Meeting Sit Behind Closed Doors – When Moved How Dealt With and Effect 19

2.3.6 That the Meeting be Adjourned - When Moved, How Dealt With and Effect 20

2.3.7 That the Debate be Adjourned - When Moved, How Dealt With and Effect 20

2.3.8 That the Question be Now Put - When Moved, How Dealt With and Effect 21

2.3.9 That the Meeting Proceed with the Next - When Moved, How Dealt With and Effect 21

2.3.10 That the Question Lie on the Table – When Moved, How Dealt With and Effect 22

2.3.11 That the Ruling of the Person Presiding be Disagreed With - When Moved, How Dealt With and Effect 22

2.3.12 That the Meeting be Now Closed – When Moved, How Dealt With and Effect 22

Division 4 – Preserving Order

2.4.1 Person Presiding to Preserve Order 23

2.4.2 Person Presiding to be Heard 23

2.4.3 Definition of Order 23

2.4.4 Breaches of Order 23

2.4.5 Infraction of Standing Orders 24

2.4.6 Prevention of Disturbance 24

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2.4.7 Raising Point of Order 24

2.4.8 Precedence of Questions of Order 24

2.4.9 Rulings by Person Presiding 25

2.4.10 Ruling Out of Order 25

2.4.11 Withdrawal of Offensive Expression 25

2.4.12 Disturbance by Members 25

2.4.13 Continued Breach of Order 25

2.4.14 Serious Disorder 26

2.4.15 Personal Explanation – When Heard 26

2.4.16 Ruling on Questions of Personal Explanation 26

2.4.17 The Person Presiding to Take Part in Debate 26

PART 3 – COMMITTEES

3.1 Committees and Their Meetings 27

3.2 Classes of Committee 27

3.3 Standing Committee - Performing Functions of Council 27

3.4 Occasional Committee - Specific Function 27

3.5 Advisory Committee - No Delegated Powers 28

3.6 Management Committee – Particular Property 28

3.7 Division of Functions 29

3.8 Committees to Keep Minutes 29

3.9 Open Doors 29

3.10 Committees May Involve Members of Public 29

PART 4 – MISCELLANEOUS

4.1 Election of President and Deputy President 29

4.2 Protection of Employees and Servants 29

4.3 Production of Documents to Members 29

4.4 Meetings of Electors 30

4.5 Enforcement of Standing Orders 30

4.6 Cases not provided for in the Standing Orders 30

4.7 Penalty for Offence When Not Otherwise Specified 31

4.8 Affixing of Common Seal 31

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PART 1 – PRELIMINARY AND CONSTITUTING

Division 1 – Introductory Matters Title 1.1.1 This Local Law may be cited as the Shire of Mundaring Standing

Orders Local Law 2003. Commencement 1.1.2 By virtue of Section 3.14 of the Act, this Local Law comes into

effect fourteen (14) days after the day it is published in the Government Gazette.

Repeal 1.1.3 The Local Law Relating to Standing Orders, published in the

Government Gazette of 26 August 1977 as amended from time to time is hereby repealed.

Content and Intent 1.1.4 (1) This Local Law provides the rules and guidelines -

(a) for the conduct of meetings of Council and committees of the Council; and

(b) otherwise relating to the business conducted at meetings.

(2) This Local Law is intended to achieve –

(a) the orderly and effective conduct of meetings; (b) greater community understanding of the meeting

process; (c) better decision-making by the local government; and (d) better outcomes from decisions made.

(3) This Local Law is enacted under the Act and is intended to be read in conjunction with the Act and the Regulations and the Council Code of Conduct.

Interpretation 1.1.5 (1) In this Local Law, unless the contrary intention appears –

• “Act” means Local Government Act 1995; • “CEO” means the Chief Executive Officer of the Shire or

the Acting Chief Executive Officer acting in his place;

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• “committee” means a committee established by Council in accordance with s.5.8 of the Act;

• “Council” means the Council of the Shire; • “Councillor” means a person who holds the Office of

Councillor on the Council;

• “meeting” means a meeting of the Council or a committee;

• “member” where used in reference to Council means a

councillor and where used in reference to a committee, means a councillor, employee or other person appointed by the Council to that committee;

• “ordinary meeting” means a meeting convened in

accordance with Sections 5.4 and 5.5(1) of the Act at such place and at such time as the Council, from time to time, appoints for the transaction of ordinary business of the Council or of any committee;

• “person presiding” means the President or other person

presiding at a meeting of the Council or a committee; • “presiding member” means the presiding member of a

committee or the deputy presiding member, or a member of the committee when performing a function of the presiding member in accordance with the Act;

• “Regulations” means the Local Government

(Administration) Regulations 1996; • “local government” means the Shire of Mundaring; • “President” means the President of the Shire of

Mundaring and includes the Deputy Shire President when acting as the President in accordance with the Act;

• “Shire” means the Shire of Mundaring; • “special meeting” means a meeting convened in

accordance with Sections 5.4 and 5.5(2) of the Act to consider special business of the Council or of any committee, the nature of which is to be specified in the notice convening the meeting.

(2) In this Local Law terms have the meanings given to them in

the Act and Regulations and in the case of conflict between any interpretation or other provision herein and any provision of the Act or Regulations, the latter will prevail.

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(3) This Local Law shall apply to committees except the requirement limiting the number of times a member may speak (refer to Section 2.2.8) and the need to rise to address the person presiding (refer to Section 2.1.4).

Division 2 – Meetings and How Called

Meetings of the Council and Committees

1.2.1 (1) Meetings of Council and committees of Council shall be either ordinary meetings or special meetings.

(2) Subject to the provisions of the Act, Regulations and this

Local Law relating to the revocation of or change to a decision, no business is to be transacted at a special meeting, other than that for the purpose of which the special meeting has been called.

Calling of Council Meetings 1.2.2 The calling of a Council meeting is to be in accordance with

Section 5.4 of the Act. Calling of Committee Meetings 1.2.3 An ordinary or special meeting of a committee is to be held -

(a) if called for by – (i) the President; or (ii) the presiding member of the committee; or

(iii) if the committee is comprised of three members, any two (2) members of that committee; or

(iv) if the committee is comprised of more than three members, then any three members of that committee,

in a notice to the CEO setting out the time, date, place and

purpose of the proposed meeting; or (b) if so decided by the Council or the committee. Convening Ordinary and Special Meetings of Council 1.2.4 The convening of ordinary and special meetings of Council is to be

in accordance with Sections 5.5 and 9.50 of the Act. Convening Ordinary and Special Meetings of Committee 1.2.5 (1) The CEO is to convene an ordinary meeting of a committee,

by giving each member of the committee at least 72 hours notice of the date, time and place of the meeting and an agenda for the meeting by facsimile, letter or electronic mail.

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(2) The CEO is to convene a special meeting of a committee by giving each member notice, before the meeting, of the date, time, place and purpose of the meeting.

(3) In convening a special meeting of a committee, there is no

minimum period of notice to be given and notice can be given by telephone, facsimile, letter, electronic mail or orally in person.

Notice of Meeting 1.2.6 Failure of any member to receive a notice convening a meeting

shall not affect the validity of the meeting, so long as all reasonable steps have been taken to give the notice.

Notice of Adjournment 1.2.7 (1) When a meeting is adjourned to a day and hour other than the

next ordinary meeting date, notice of the adjourned meeting shall, if time permits, be given to each member.

(2) At the resumption of an adjourned meeting, no business shall

be transacted other than such business as remains outstanding on the notice paper of the adjourned meeting.

Division 3 – Quorum for Meetings and Adjournment when No Quorum

Quorum for Meetings 1.3.1 (1) The requirements for a quorum at a meeting are as

prescribed in Section 5.19 of the Act. (2) The procedure if a quorum is not present to commence a

meeting is as prescribed in Regulation 8 of the Regulations. Quorum not Present during Meeting 1.3.2 (1) If at any time during the course of a meeting a quorum is not

present, the person presiding, upon becoming aware of that fact, shall adjourn the proceedings for a period not exceeding thirty (30) minutes.

(2) If a quorum is not present at the expiration of the suspension

period in Section (1), the person presiding may –

(a) adjourn the meeting to a time and date to be set by the person presiding, which may be the same day or another day, or

(b) may cancel the meeting.

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Debate on Motion to be Resumed 1.3.3 Where the debate on any motion is interrupted due to the

adjournment of a meeting under Section 1.3.2(1) or (2), that debate is to be resumed at the next meeting at the point at which it was so interrupted.

Names to be Recorded 1.3.4 At any meeting –

(a) at which there is not a quorum present; or

(b) which is adjourned or cancelled under Section 1.3.2(2); the names of the members then present are to be recorded.

Division 4 – Public Participation Public Participation 1.4.1 (1) Members of the public are welcome to attend all meetings of

Council or a committee where there has been no resolution to proceed behind closed doors. A copy of the agenda of an ordinary meeting and, where time permits, a special meeting, is to be made available in the local government’s libraries and at the administration centre prior to the meeting.

(2) Certain documents that may form part of the agenda may be

marked “Codicil” or “Confidential” and members of the public will not have access to these documents.

(3) Section 2.3.5 (1) of this Local Law allows for a resolution to be

passed that a meeting proceed behind closed doors to discuss any matter identified in Section 5.23 (2) of the Act. If that occurs members of the public will be asked to leave the room as provided in Section 2.3.5 (2).

(4) Members of the public are not permitted to interrupt or enter

into any conversation during a meeting except in accordance with Section (5) or (6).

(5) (i) At the beginning of each meeting, members of the public

will have the opportunity to place questions before the Council or committee in accordance with Regulation 6 of the Regulations.

(ii) A member of the public who raises a question during

question time is to provide his or her name and address. (iii) A question may be taken on notice by the Council for later

response.

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(iv) When a question is taken on notice under Section (5)(iii) a response is to be given to the member of the public in writing and a copy is to be provided to councillors.

(6) A committee may resolve by simple majority, to invite a

member of the public in attendance to make a brief comment in relation to a matter on the agenda of the meeting, either during question time held under Section (5), or when the matter is discussed during the course of the meeting.

(7) A committee may resolve by simple majority to invite a

member of the Council who is not a member of the committee to participate in the debate on all or any part of the agenda of the meeting.

Division 5 - Business at Meeting

Business to be Specified in Notice 1.5.1 No business is to be transacted at any meeting other than for the

purpose specified in the notice relating to the meeting, except –

(a) matters that the Act permits to be dealt with without notice; and

(b) matters that this Local Law expressly permits to be dealt with

without notice. Order of Business at an Ordinary Meeting 1.5.2 The Order of Business of an ordinary meeting of Council or a

committee shall be as decided by Council from time to time and unless otherwise decided by Council or a committee at a meeting, shall be as near as practical to the following –

Opening of the Meeting Attendance and Apologies Public Question Time Applications for Leave of Absence Confirmation of Minutes Announcements by the Person Presiding without Discussion Disclosures of Interest Reports of Committees and/or Employees New Business of an Urgent Nature Notice of Motion for Consideration at the Following Meeting Date, Time and Place of the Next Meeting Closure of the Meeting.

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Order of Business at a Special Meeting 1.5.3 (1) The Order of Business at any special meeting is to be – Opening of the Meeting Attendance and Apologies Public Question Time Disclosures of Interest Business of the Meeting Closure of the Meeting.

(2) The business of the meeting will be that which stands in the Notice of the Meeting.

Confirmation of Minutes 1.5.4 (1) On considering the minutes of a previous meeting, no

discussion shall be permitted except as to the accuracy of those minutes.

(2) If a member is dissatisfied with the accuracy of the minutes,

then the member is to:

(a) state the item or items with which the member is dissatisfied with; and

(b) propose a motion clearly outlining the alternative wording

to amend the minutes Notice of Motion 1.5.5 (1) A member may bring forward at a meeting such business as

that member wishes in the form of a motion, of which notice has been given either at the previous meeting, or at any time in writing to the CEO thereafter, being no less than seven (7) clear days before the meeting at which it is to be brought forward.

(2) At the time of presenting the motion to Council, the member

must also provide a report that supports the purpose of the motion.

(3) A notice of motion shall lapse unless the member who gave

the notice thereof, or some other member authorised in writing by the member who gave the notice, is present to move the same when such motion is called on.

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PART 2 – RULES OF DEBATE

Division 1 – Formal Conduct Confidential Business 2.1.1 (a) Every matter dealt with by, or brought before a proceeding

behind closed doors, shall be treated as strictly confidential and shall not, without the authority of the meeting, be disclosed to any person other than the members or employees of the Council (and in the case of employees – only so far as may be necessary for the performance of their duties), prior to the discussion of that matter in connection with a motion at a meeting held with open doors.

Penalty $5000 (b) Information withheld by the CEO from members of the public

for discussion behind closed doors, is to be marked as a “codicil” in the agenda and –

(i) is then to be treated as strictly confidential by persons in

receipt of this information; and (ii) is not without the authority of the Council to be disclosed

to any person other than the President, councillors or the employees of the Council to the extent necessary for the purpose of carrying out their duties.

Penalty $5000 Recording of Proceedings Prohibited 2.1.2 A person shall not use any electronic visual or vocal recording or

transmitting device or instrument to record or transmit the proceedings of a meeting unless the person has been given permission by the council or committee as appropriate to do so.

Seating of Members 2.1.3 (1) At any meeting each member is to occupy the place assigned

to that member within the meeting room. A member who refuses a request by the person presiding to resume the member’s assigned place may be declared by the person presiding to be out of order so as to attract the operation of Section 2.4.13 of this Local Law.

(2) At the first meeting held after each Ordinary elections day, the

CEO after consultation with the presiding member, may allot seats at the council table to councillors by ballot and the councillor is to occupy that position when present at meetings of the Council until such time as there is a call by majority of councillors for a re-allocation of positions.

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Members to address the Presiding Member 2.1.4 At a Council meeting a member moving a motion or amendment, or

taking part in the discussion thereon, shall rise and address the person presiding unless the member is unable to conveniently stand by reason of sickness or disability and shall therefore be permitted to sit while speaking.

Titles to be used 2.1.5 At a meeting, speakers in referring to other persons present shall

designate them by their separate titles of “President”, “Presiding Member”, “Councillor”, “Member” or “Chief Executive Officer”, as the case may be. Other employees of the Council shall be designated by their management titles.

Order of Speaking 2.1.6 If two or more members rise to speak at the same time, the person

presiding shall decide the order of speaking. Crossing the Meeting Room 2.1.7 When the person presiding is putting a motion to the vote, no

member shall walk out of or across the meeting room, nor shall any member, whilst any other member is speaking, pass between the speaker and the person presiding.

Continued Irrelevance – Unbecoming language – Breach of order 2.1.8 The person presiding may call the attention of the meeting to

continued irrelevance, tedious repetition, unbecoming language, or any breach of order on the part of a member and may direct such member, if speaking, to discontinue their speech and thereupon such member shall cease speaking and, if appropriate, resume their seat. A member failing to comply with such a direction may be declared by the person presiding to be out of order so as to attract the operation of Section 2.4.13 of this Local Law.

Adverse Reflection

2.1.9 No member of the Council or a committee is to reflect adversely upon a decision of the Council or any committee except on a motion that the decision be revoked or changed.

No Adverse Reflection on a Member or Employee 2.1.10 (1) A member present at a meeting shall not reflect adversely

upon the character or action of another member or employee, nor impute any improper motive to a member or employee, unless the meeting resolves, without debate, that the motion then before the meeting cannot otherwise be adequately considered.

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(2) A member who uses any expression which in the opinion of the person presiding reflects offensively on the Council or any Councillor or officer of the local government, shall when required by the person presiding unreservedly withdraw such expression and make a satisfactory apology to the person presiding, and if that member declines, or neglects to do so, the person presiding may declare the member to be in Continued Breach of Order and the member may be dealt with in accordance with Section 2.4.13

Point of Order 2.1.11 (1) A member who is addressing the person presiding shall not

be interrupted except upon a point of order, in which event the member shall resume their seat until the member raising the point of order has been heard thereon and the point of order has been either upheld or rejected by the person presiding, whereupon the member so interrupted may, if permitted, proceed.

(2) A member rising to express a difference of opinion, or to

contradict a speaker, shall not be recognised as raising a point of order.

Points of Order – when Valid 2.1.12 The following are to be recognised as valid points of order –

(a) that the discussion is of a matter not before the meeting;

(b) that offensive or insulting language is being used; (c) drawing attention to the violation of any written law or policy or

code of conduct of the Shire, provided that the member making the point of order states the provision of the written law or policy or code of conduct believed to be breached.

Rulings by Presiding Member 2.1.13 The person presiding shall decide all questions of order or practice

and that decision shall be final unless the meeting decides otherwise on a motion moved under Section 2.3.11.

Suspension of Standing Orders 2.1.14 (1) Any of these Standing Orders or part thereof, may be

suspended on a motion which is carried by an Absolute Majority of the members.

(2) Any member moving the suspension of a Standing Order shall

state the objective of the motion, but no other discussion shall take place.

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Division 2 – Order of Debate Order of Call in Debate 2.2.1 The person presiding will call speakers to a substantive motion in the

following order –

(a) The mover to state the motion; (b) A seconder to the motion; (c) The mover to speak to the motion; (d) The seconder to speak to the motion; (e) A speaker against the motion; (f) A speaker for the motion; (g) Other speakers against and for the motion, alternating in view, if

any; (h) Mover takes right of reply which closes debate.

Motions or Amendments 2.2.2 A member who wishes to propose an original motion or

amendment shall state its substance before the member addresses the meeting thereon, and if so required by the person presiding, shall put the motion or amendment in writing.

Division of Complicated Motions 2.2.3 The person presiding may, at the person’s discretion, or the

meeting may on a motion carried without debate, order a complicated motion to be divided and put in the form of two or more motions.

Withdrawal of Motion 2.2.4 A motion or amendment may be withdrawn by the mover with the

simple majority consent of the meeting, which shall be signified without debate and it shall not be competent for any member to speak upon it after the mover has asked permission for its withdrawal, unless permission for withdrawal has been refused.

Motions and Amendments to be Seconded 2.2.5 Unless otherwise required by other legislation, no motion or

amendment shall be discussed or put to the vote of the meeting, unless it has been seconded.

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Unopposed Business 2.2.6 (1) Upon a motion being moved and seconded, the person

presiding may ask the meeting if any member opposes it. (2) If no member signifies opposition to the motion, the person

presiding may declare the motion carried without debate and without taking a vote thereon.

(3) A motion carried under Section (2) may be recorded in the

minutes as a unanimous decision of the meeting. (4) If a member signifies opposition to a motion, the motion is to

be dealt in accordance with Section 2.2.7. (5) This Section does not apply to any motion or decision to

revoke or change a decision that has been made at a Council or committee meeting. Any motion or decision is subject to Regulation 10 of the Regulations.

Determining a Vote

2.2.7 Subject to Section 2.2.6 – (Unopposed Business), the method of

determining a vote shall be in accordance with Section 5.21 of the Act and notwithstanding the provisions of Section 5.21 (2) every member of a committee who is present at a meeting of the committee is to vote. The procedure is as set out below –

(1) The person presiding, in taking the vote on any motion, is to – (a) put the motion first in the affirmative and then the

negative; (b) determine whether the affirmative or the negative has

the majority of votes; and (c) declare the result of the vote.

(2) The motion put under Section (1) paragraph (a) may be put as

often as is necessary to enable the person presiding to determine that the affirmative or the negative has the majority of votes.

(3) The result of voting is to be determined on the show of raised

hands. (4) Voting at a meeting is to be conducted so that no member’s

vote is secret except in the case of the filling of the Office of President or Deputy President of the Council, or the election of the Presiding Members or Deputy Presiding Members for committees.

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Member not to Speak Twice 2.2.8 (1) No member shall speak twice on the same motion, except by

way of explanation, or in reply upon an original motion of which the member was the mover or an amendment last debated of which the member was the mover.

(2) The Council may, by resolution, suspend the operation of this

Section during the debate of any motion.

(3) The person presiding shall, without waiting for the intervention from members of the meeting, call to order any member proceeding to speak a second time on the same motion, except where the member is otherwise authorised to do so.

Time Limit of Speeches 2.2.9 (1) A member shall not speak upon any motion or amendment or

in reply for a period longer than five (5) minutes without the consent of the meeting, which shall be signified without debate by a simple majority of members present.

(2) An extension under Section (1) shall not be permitted beyond

a further period of five (5) minutes. No Digression 2.2.10 A member shall not speak otherwise than upon, or digress from,

the motion then before the meeting, except to make a personal explanation.

Personal Explanation 2.2.11 A member making a personal explanation shall confine it to a

succinct explanation of a material part of their former speech which may have been misunderstood and shall not advert to matters not strictly necessary for that purpose or seek to strengthen the member's former argument by introducing any new matter, or by replying to other members.

Speaking in Reply 2.2.12 A member speaking in reply shall not introduce any new matter, but

shall strictly confine the reply to answering previous speakers. No Speech after Certain Events

2.2.13 No member shall speak on any motion or amendment –

(a) after the mover has replied; or (b) after the motion has been put.

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Motions to Revoke or Change a Decision 2.2.14 Where any motion proposes the revocation or substantial change

to an earlier resolution, the provisions of Regulation 10 of the Regulations shall be complied with.

Division 3 – Procedural Motions

Motions and Amendments to be Determined without Digression 2.3.1 When a motion is under debate at a meeting, another motion shall

not be received unless it be a motion authorised by the Act or this Local Law or one of a nature necessary for the proper observance of the Act or this Local Law.

Permissible Formal Motions during Debate 2.3.2 (1) Whilst a motion is under debate, a member may move a

procedural motion which, provided it is seconded, shall be dealt with immediately.

(2) Each of the following is a procedural motion for the purpose of

this Section – (a) that the matter be referred back to committee; (b) that the motion be amended; (c) that the meeting proceed behind closed doors; (d) that the meeting be adjourned; (e) that the debate be adjourned; (f) that the question be now put; (g) that the meeting proceed with the next business; (h) that the question lie on the table; (i) that the ruling of the person presiding be disagreed with; (j) that the meeting be now closed. (3) A member who has moved, seconded or spoken on the

matter then before the meeting shall not move a procedural motion on that matter other than the motions referred to in Section (2) paragraphs (a), (c) and (i).

That the Matter be Referred Back to Committee – When Moved and How Dealt with 2.3.3 Where the matter before Council is a recommendation from a

committee of the Council, any member may at the conclusion of the speech of any other member, move without notice that the matter be referred back to the committee and, on any such motion, the mover may speak for not more than five (5) minutes, the seconder shall not speak other than to formally second and the presiding member of the committee concerned, or in his absence a member thereof, may speak for not more than five (5) minutes, but no other debate shall be allowed.

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That the Motion be Amended – When Valid, How Dealt with and Effect 2.3.4 (1) Every amendment shall be relevant to the motion, about

which it is moved and is not to have the effect of negating the motion.

(2) As often as an amendment is lost, another amendment may

be moved before the original motion is put to the vote. Where an amendment is carried, one further amendment to the original motion, as amended, and no more may be carried.

(3) In speaking to an amendment, a member may give notice of

their intention to move a further amendment. (4) Where an amendment is carried, the original motion, as now

amended, shall for all purposes of subsequent debate be treated as the original motion.

That the Meeting Sit Behind Closed Doors – When Moved, How Dealt with and Effect 2.3.5 (1) A member may at the conclusion of a speech of any other

member move without notice, for the purpose of dealing with any matter referred to in Section 5.23(2) of the Act, that the meeting sits behind closed doors and on any such motion, the mover may speak for not more than five (5) minutes, the seconder shall not speak other than to formally second and no other debate shall be allowed.

(2) Where a meeting resolves to close doors to members of the

public for the meeting, or part of the meeting, the following is to occur –

a) the person presiding is to direct all persons other than

the members and those persons who they require to assist them with the business, to leave the meeting room and every person is to comply with that direction immediately; and

b) the meeting is closed to members of the public until the

meeting resolves to open the meeting to members of the public.

(3) A person who fails to leave the meeting room when so

directed, under Section (2) may, by order of the person presiding, be removed from the meeting room.

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That the Meeting be Adjourned – When Moved, How Dealt with and Effect 2.3.6 (1) A member may, at the conclusion of the speech of any other

member or on the conclusion of any business, move without notice that the meeting be adjourned and that motion shall state a time and date to which the adjournment is to be made.

(2) On a motion to adjourn, the mover may speak for not more

than five (5) minutes, the seconder shall not speak other than to formally second and the mover of a motion (if any) which is then under debate, may speak for not more than five (5) minutes, but no other debate shall be allowed.

(3) If any motion for adjournment of the meeting is negated, the

subject then under consideration or the next matter on the notice paper shall be discussed before any subsequent motion for adjournment shall be entertained.

(4) If any motion for adjournment of the meeting is carried, the

matter (if any) under debate when the decision for adjournment was made, will stand adjourned until the next meeting.

(5) On resuming debate on any matter from an adjourned

meeting, the member who moved its adjournment shall be entitled to speak first.

(6) At the same sitting, no member may move or second more

than one motion for the adjournment of the meeting.

(7) On a motion for adjournment of the meeting being carried, a record shall be taken of all those who have spoken on the matter under consideration at the time of the adjournment and they shall not be permitted to speak on any subsequent consideration of the same matter when the meeting is resumed, but this Section does not deprive a mover of the right of reply.

That the Debate be Adjourned – When Moved, How Dealt with and Effect

2.3.7 (1) A member may, at the conclusion of a speech of any other member move, without notice, that the debate be adjourned to a later hour on the same day or to any other day.

(2) On a motion that a debate be adjourned, the mover may

speak for not more than five (5) minutes, the seconder shall not speak other than to formally second and no other debate shall be allowed, but if the matter then before the meeting is a recommendation from a standing committee, the presiding member of the committee concerned, or in the absence of the presiding member a member thereof, may speak for not more than five (5) minutes.

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(3) On resuming an adjourned debate, the member who moved its adjournment shall be entitled to speak first.

(4) At the same meeting no member shall move or second more

than one motion for adjournment of the same debate. (5) On a motion for the adjournment of a debate being carried, a

record shall be taken of all those who have spoken on the matter under debate and they shall not be permitted to speak on any resumption of the debate on that subject, but this Section does not deprive a mover of the right of reply.

That the Question be Now Put – When Moved, How Dealt with and Effect 2.3.8 (1) A member may, at the conclusion of the speech of any other

member, move without notice, that the question under consideration be now put and upon the motion being seconded, it shall immediately be voted upon without debate.

(2) A motion that the question be now put shall not be decided in

the affirmative unless supported by a 75% majority (to the nearest whole integer) of the members present.

(3) Should the motion be carried, any amendment before the

meeting shall be put at once, or, if there is no amendment before the meeting, then the original motion or original motion as amended shall be put at once, subject to Section (4).

(4) Whenever it is decided by the meeting that the Question

under consideration shall be put, the mover of the motion under consideration shall, if debate has occurred, and if otherwise entitled to do so, be permitted to speak in reply before the motion is put.

That the Meeting Proceed with the Next Business – When Moved, How Dealt with and Effect 2.3.9 (1) A member may at the conclusion of the speech of any other

member, move without notice, that the meeting proceed to the next business and if the motion be seconded, it shall be put forthwith without debate.

(2) If a motion “that the meeting proceed to the next business” is

carried, then the substantive motion and any amendment being debated shall be considered as lapsed and no further debate is permitted.

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That the Question Lie on the Table – When Moved, How Dealt with and Effect 2.3.10 (1) A member may at the conclusion of the speech of any other

member, move without notice that the motion or amendment under consideration lie on the table and upon that motion being seconded, it shall immediately be put without debate.

(2) Whenever it is decided by the meeting that a motion under

consideration shall lie on the table, if it is passed in respect of an amendment, then the amendment and the substantive motion to which it relates must lie on the table.

(3) The meeting may at any time resolve to take the motion from

the table. (4) On a motion that the question lie on the table being carried, a

record shall be taken of all those who have spoken on the subject under consideration up to the closing of the meeting and they shall not be permitted to speak on any subsequent consideration of the same matter when the debate is resumed, but this Section does not deprive a mover of the right of reply.

That the Ruling of the Person Presiding be Disagreed With – When Moved, How Dealt with and Effect. 2.3.11 (1) When the person presiding gives a ruling under Section

2.1.13 of this Local Law, a member may, provided it is done immediately, move that the ruling of the person presiding be disagreed with.

(2) On a motion that the ruling of the person presiding be

disagreed with, the mover may speak for not more than five (5) minutes and the seconder shall not speak other than to formally second the motion.

(3) If a motion under Section (1) is carried, the ruling of the

person presiding about which the motion was moved has no effect and the meeting shall proceed accordingly.

That the Meeting be Now Closed – When Moved, How Dealt with and Effect. 2.3.12 (1) A member may at the conclusion of a speech of any other

member, or on the conclusion of any business, move without notice that the meeting be now closed and upon that motion being seconded, the motion shall, subject to Section (2) be immediately put without debate.

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(2) On a motion that the meeting be now closed, the mover may speak for not more than five (5) minutes, the seconder shall not speak other than to formally second and the mover of the motion, if any, then under debate may speak for not more than five (5) minutes.

(3) If a motion that the meeting be closed is negated, a similar

motion shall not be moved until after the matter under discussion or the next matter on the notice paper, has been disposed of.

(4) On a motion that the meeting be now closed being carried, the

debate on any matter under debate when the motion was moved will stand adjourned to its place on the notice paper for the next meeting.

(5) On a motion that the meeting be now closed being carried, a

record shall be taken of all those who have spoken on the subject under consideration up to the closing of the meeting and they shall not be permitted to speak on any subsequent consideration of the same matter when the debate is resumed, but this Section does not deprive a mover of the right of reply.

Division 4 – Preserving Order Person Presiding to Preserve Order 2.4.1 The person presiding shall be responsible for preserving order and

may call any person to order whenever in the opinion of the presiding person there is cause for doing so.

Person Presiding to be Heard

2.4.2 Whenever the person presiding rises during a debate, any member then speaking or offering to speak is to sit down and the meeting is to be silent so that the person presiding may be heard without interruption.

Definition of Order 2.4.3 Any member who does anything or behaves in a manner which is

forbidden by any of these Standing Orders shall be deemed to be out of order.

Breaches of Order 2.4.4 Notwithstanding the generality of the preceding Section the

following shall be recognized as breaches of order - (a) discussion of a question not before the meeting;

(b) the use of offensive or insulting language; (c) the violation of any part of this Local Law;

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(d) insinuations as to the character, morality, honesty or motives of a member or employee;

(e) breach of a Code of Conduct of the Council at a meeting. Infraction of Standing Orders 2.4.5 Any member may direct the attention of the person presiding to any

breach of order by any member at the meeting.

Prevention of Disturbance 2.4.6 (1) No Interruption

A person, not being a member, shall not at any meeting interrupt the proceedings of the meeting.

(2) Person Not a Member Interrupting Any person not being a member interrupting the proceedings

of the meeting shall when so directed by the person presiding; forthwith leave the room in which the meeting is being held.

(3) Removal by Order Any person who, being directed to leave the meeting fails to

do so may, by order of the person presiding, be removed from the meeting room.

(4) Enforced Removal If a person ordered by the person presiding to be removed

from the meeting room cannot be removed without the application of physical force then a member or members of the Police Service shall be called to the meeting to effect the removal of the person and the meeting may be adjourned until the person has been removed.

Raising Point of Order 2.4.7 A member raising a point of order shall specify one of the grounds

mentioned in Section 2.1.12 before speaking further on the matter. Precedence of Questions of Order 2.4.8 Notwithstanding anything contained in these Local Laws to the

contrary, all questions of order at any time arising shall, until decided, suspend the consideration of and decision on every other question.

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Rulings by Person Presiding 2.4.9 (1) The person presiding, when deciding a point of order or

practice, shall give their decision, and argument or comment shall not be permitted thereon, and the person presiding’s decision is final in that particular case, unless a majority of the members then present upon motion made forthwith, without discussion, dissent therefrom.

(2) Notwithstanding the generality of Section (1) there shall be no

dissent from a ruling of the person presiding allowing or disallowing a question on a matter required to be dealt with without discussion.

Ruling Out of Order 2.4.10 Whenever the person presiding has decided that any motion,

amendment or other matter before the meeting is out of order, it shall be rejected and whenever anything said or done by any member is similarly decided to be out of order that member shall be called upon by the person presiding to make such explanation, retraction or apology, as the case may require.

Withdrawal of Offensive Expression 2.4.11 (1) Any member who uses an expression which, in the opinion of

the person presiding, is offensive to any member or employee of the Council is, when required by the person presiding, to unreservedly withdraw the expression and make a satisfactory apology.

(2) If the member declines to do so, the person presiding may

refuse to hear the member any further upon the matter then under discussion and may call upon the next speaker.

Disturbance by Members 2.4.12 A member shall not create a disturbance in the meeting room, nor

converse aloud while any other person is addressing the meeting. unless –

(a) to raise a point of order; (b) to call attention to the absence of a quorum; (c) to make a personal explanation under Section 2.4.15.

Continued Breach of Order

2.4.13 (1) Where a member creates a disturbance or persists in any other conduct which disrupts a meeting, the member is out of order for that reason and the person presiding may so declare.

(2) Where the person presiding declares that a member is out of order under subclause (1), the person presiding may direct

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that member to refrain from taking any further part in the meeting other than by recording the member’s vote and the member shall comply with such direction during the remainder of the meeting or until it is withdrawn, whichever occurs earlier.

Serious Disorder 2.4.14 (1) If at a meeting the person presiding is of the opinion that by

reason of serious disorder or otherwise, the business of the meeting cannot effectively be continued, the person presiding may adjourn the meeting for a period not exceeding thirty (30) minutes, after the expiration of which the meeting shall reconvene and decide whether business is to be proceeded with, which question shall be decided forthwith and without debate.

(2) Where, upon the resumption of the meeting adjourned

pursuant to Section (1), the person presiding is again of the opinion that the business of the meeting cannot effectively be continued, the person presiding shall adjourn the meeting to a time and date to be set by the person presiding which may be the same day or another day.

Personal Explanation – When Heard

2.4.15 A member wishing to make a personal explanation of matters

referred to by any member then speaking, shall be entitled to be heard immediately, if the member then speaking consents at the time, but if the member who is speaking declines to give way, the explanation must be offered at the conclusion of that speech.

Ruling on Questions of Personal Explanation 2.4.16 The ruling of the person presiding on the admissibility of a personal

explanation shall be final unless a motion of dissent with the ruling is moved before any other business proceeds.

The Person Presiding to Take Part in Debate 2.4.17 Unless otherwise prohibited by the Act, and subject to compliance

with procedures for the debate of motions contained in this Local Law, the person presiding may take part in a discussion of any matter before the Council or committee as the case may be.

PART 3 - COMMITTEES

Committees and Their Meetings 3.1 The Local Government Act, Part 5, Division 2, Subdivision 2 deals

with committees and their meetings. See in particular –

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Types of committees Appointment of committee members Tenure of committee members Election of presiding members, deputy presiding members Function of deputy presiding members Who acts if presiding member not present Reduction of quorum for committees. Classes of Committee 3.2 The Council may appoint Standing Committees, Occasional

Committees, Management Committees and Advisory Committees to perform any duty, which may be lawfully entrusted by it to a committee. The general term “committee” when used in this Local Law refers to each of those classes of committees.

Standing Committee – Performing Functions of Council 3.3 (1) A Standing Committee is to – (a) perform functions within the operational areas of Council

and to carry out tasks that have been delegated to the committee in accordance with the provisions of the Act;

(b) operate in accordance with the Terms of Reference of the committee as set by Council.

(2) Members of a Standing Committee shall consist of Councillors

only who are to perform the functions of Council as determined in the Terms of Reference. Standing Committees shall report to Council.

Occasional Committee – Specific Function 3.4 (1) An Occasional Committee is to - (a) perform a specific function of the Council over one of its

areas of operation in accordance with the Terms of Reference of the committee as set by Council; or

(b) perform a function of Council as delegated to the committee in accordance with the provisions of the Act.

(2) Members of an Occasional Committee may consist of –

(a) Councillors; (b) Councillors and employees of the Shire or, (c) Councillors, employees of the Shire and members of the

public;

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and will, in accordance with the Terms of Reference, report direct to Council, or a Standing Committee of Council.

Advisory Committee – No Delegated Powers 3.5 (1) An Advisory Committee –

(a) does not have the power to make a decision, except for the confirmation of the committee’s minutes. The committee is able only to make recommendations to Council;

(b) is to report to a Standing Committee of Council

responsible for that area of operation in accordance with the Terms of Reference as adopted by Council.

(2) Members of an Advisory Committee may consist of – (a) Councillors and employees of the Shire; (b) Councillors, employees and other persons; (c) Councillors and other persons; (d) employees and other persons; or (e) other persons only. Management Committee – Particular Property 3.6 (1) A Management Committee is to –

(a) advise Council on the care, control and management of a specified property which belongs to the Local Government or of which the Local Government is the management body under the Land Administration Act 1997, subject to any conditions imposed on the committee by Council in the Terms of Reference;

(b) subject to Section 5.17(1)(c) of the Act make decisions

that affect the day-to-day management within the area of responsibility.

(2) Management Committees generally consist of members of the

community only but may include Councillors or employees. (3) The committee is to report to a Standing Committee of

Council responsible for that area of operation in accordance with the Terms of Reference as adopted by Council.

Division of Functions 3.7 A Standing Committee shall not interfere in any matter which, for

the time being, has been entrusted to an Occasional Committee. Committees to keep Minutes

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3.8 Each committee shall keep minutes of all its proceedings in accordance with Section 5.22 of the Act and Regulation 11 of the Regulations.

Open Doors 3.9 As provided in Section 1.4.1 the business of any committee shall

be conducted with open doors unless the committee resolves to proceed behind closed doors.

Committees may involve Members of Public 3.10 A committee may invite members of the public whom the meetings

consider may contribute to the debate, to attend a committee meeting and to enter into discussion with the committee.

PART 4 - MISCELLANEOUS

Election of President and Deputy President 4.1 The President and Deputy President are to be elected under

Schedule 2.3 Division 1 and Schedule 2.3 Division 2 of the Act respectively.

Protection of Employees and Servants

4.2 Complaint

(1) If a Councillor has any complaint concerning the ability, character or integrity of an employee of the Council, or of any act or omission of such employee and desires to bring such complaint forward, the councillor shall submit the complaint to the CEO. Where a complaint is about the CEO, such complaint shall be submitted to the President.

Officer to Have Right of Reply (2) If a complaint or criticism be made concerning an officer of the

Council, whether by a councillor or by any other person, that officer or employee may reply to the complaint or criticism either in writing to the appropriate committee or with the consent of Council, to Council itself.

Production of Documents to Members 4.3 Production of documents is provided for by Section 5.92 of the Act. Meetings of Electors 4.4 The Standing Orders Local Law shall so far as practicable apply to

meetings of electors except for the following -

(1) No person shall vote at a meeting of electors unless his or her name is on the current Electoral Roll.

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(2) Subject to the Act, the Shire President shall preside at any

meeting. (3) The President may require questions to be submitted in

writing.

(4) All questions if answered at the meeting shall be answered by the President or with the permission of the President by a Councillor or an officer of the Council.

(5) If any question cannot readily be answered at the meeting the

answer shall be given in writing as soon as reasonably practicable thereafter.

(6) If required by the President the mover of a motion shall

submit any motion in writing.

(7) The President may close the meeting when the President determines that the business of the meeting has been concluded.

(8) Subject to the Act and to this Local Law, the conduct of a

meeting of ratepayers and electors shall be at the sole discretion of the President.

Enforcement of Standing Orders 4.5 (1) The person presiding at a meeting shall be responsible for

ensuring that these Standing Orders are complied with during the course of the meeting and generally.

(2) The provisions of this Local Law shall be enforced by

proceedings in accordance with Section 9.24 of the Act by the presiding member of the Council or any committee but only following the specific direction of the Council or committee by resolution carried by a simple majority.

Cases not provided for in the Standing Orders 4.6 In cases of procedure where the Standing Orders and the Act are

silent, the Presiding Member shall decide all other questions of order, procedure, debate or otherwise.

Penalty for Offence when Not Otherwise Specified 4.7 If the penalty to which a person is liable for committing an offence

against this Local Law is not otherwise specified, the penalty is a fine of $1,000.

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Affixing of Common Seal 4.8 (1) The form of the sealing clause of the Council of the Shire of

Mundaring is - “The Common Seal of the

Shire of Mundaring was hereunto affixed by authority of Council. _____________________

Chief Executive Officer (or his delegate) _____________________

Authorised Officer”

(2) The CEO, or an employee appointed by the CEO, is responsible for the care of the Common Seal and shall keep it in safe custody.

(3) If the Act or any other law requires that the Common Seal be

affixed to any document, then the Common Seal shall be affixed in accordance with the provisions of the Act or any other law and if the Common Seal is required to be affixed to a document in respect of which no direction is given in the Act or any other law as to the circumstances and manner of its affixing, the Council may, from time to time, direct either generally in respect of all documents not otherwise provided for, or in respect of a class of documents or a specific document, not otherwise provided for, that the Common Seal shall be affixed to any such document without any further resolution of the Council being required.

(4) Where a document is not required by any Act or other law to

have the Common Seal of the Shire affixed to it, then it may be executed by the signature of the CEO.

(5) Notwithstanding the provisions of Section (4), any document

is validly executed by the Shire when the Common Seal is affixed to it by an officer of the Shire authorised in that behalf by the CEO, and the CEO attests that the Common Seal has been properly affixed in accordance with the provisions of Section (1).

(6) The CEO may delegate to an officer of the Shire of executive

status the power to execute documents under seal conferred by Section (5).

(7) The CEO shall cause to be kept a register of all documents to which the Common Seal of the Council has been affixed.”

Dated the 25th day of March 2003.

of 32

The Common Seal of the Shire of ) Mundaring was hereunto affixed ) by authority of Council. _____________________

M. N. Williams Chief Executive Officer

_____________________

T. Geraghty JP Shire President


C81 OCTOBER 2014

11.3 Financial Activity Statement – September 2014

File Code: FI.RPA Location / Address N/A Applicant N/A Author Stan Kocian, Manager Finance and Governance Senior Employee Paul O’Connor, Director Corporate Services Disclosure of Any Interest Nil

SUMMARY: The financial statement presents the Shire’s financial performance for the period ending 30 September 2014. The end of year forecast as at 30 September 2014 shows no change in the forecast net expenditure of ($11,798,089) as approved in the original budget adopted by Council (C20.07.14). The closing budget position as at 30 September 2014 is $28,316,622. BACKGROUND: The monthly financial report is presented in accordance with the Local Government Act 1995 and the Local Government (Financial Management) Regulations 1996. A statement of financial activity and any accompanying documents are to be presented to the Council at an ordinary meeting of the Council within two months after the end of the month to which the statement relates. The Statement of Financial Activity Report summarises the Shire’s operating activities and non-operating activities. STATUTORY / LEGAL IMPLICATIONS: Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 requires a local government to prepare each month a statement of financial activity. Regulation 34(2) requires the statement of financial activity to report on the sources and applications of funds, as set out in the annual budget. POLICY IMPLICATIONS: Nil


C82 OCTOBER 2014

FINANCIAL IMPLICATIONS: Financial implications are in accordance with the approved reporting material variances (C17.07.14) of: • (+) or (-) $50,000 or 10%, whichever is the greater for Revenue; and • (+) or (-) $100,000 or 10%, whichever is the greater for Expenses for each Directorate being reported for the 2014/15 financial year. There are two types of variances: • When actual results are better than expected results the variance is described

as favourable variance. A favourable variance is denoted by the letter F. • When actual results are worse than expected results the variance is described

as unfavourable variance. An unfavourable variance is denoted by the letter U.

STRATEGIC IMPLICATIONS: Strategic Theme 4: Respected Civic Leadership – Strong civic leadership and governance. SUSTAINABILITY IMPLICATIONS: Expenditure has been incurred in accordance with budget parameters, which have been structured on financial viability and sustainably principles.

RISK IMPLICATIONS: In accordance with section 6.8 of the Local Government Act 1995, a local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure is authorised by an absolute majority of Council. EXTERNAL CONSULTATION: Nil COMMENT: For the period ended 30 September 2014, the Shire’s revenue was $20,581,522 compared to the year to date budget of $19,894,882. A number of reports to this item are as follows (Refer ATTACHMENT 3): • Directorate Reports for the year to 30 September 2014;


C83 OCTOBER 2014

• Unrestricted Funds position (closing budget position) at 30 September 2014 including a graph comparing the current year month end position to the previous year;

• Statement of Financial Activity (based on the Rate Setting Statement adopted

in the annual budget); and • Summary of Cash Investments as at 30 September 2014. Timing differences in financial reporting are due to the monthly spread of the budget cash flow variances. That is, income or expenditure is estimated over a twelve month period and actual receipt and expenditure of funds may not occur in the month estimated. This will result in some income and expenditure being recognised in different periods, i.e. timing differences originate in one period and reverse or "turn around" in one or more subsequent periods. Note: timing differences will not result in a forecast adjustment as the expenditure or income item will still be captured in the financial year in question. Strategic and Community Services: Year to date revenue – favourable variance of $600,115 Year to date expenditure – unfavourable variance of ($485,162) Year to date net result – favourable variance of $114,952 At this stage the variances in revenue and expenditure are due to timing differences. Namely: Expenditure • YTD expenditure on the Bilgoman Pool upgrade of $832,000. The total budget of

$1.76 million was forecast to be incurred in October 2014. Revenue

• Unbudgeted revenue of $100,000 for the recoup of set up costs for the new child and family centres;

• YTD Revenue from Childcare Benefits of $331,871 compared to YTD budget of $217,500; and

• YTD grant funding of $375,000 for the Clayton View Childcare Facility compared to the YTD budget of $187,500 (Total budget $750,000).

Office of Chief Executive and Corporate Services: Year to date revenue – unfavourable variance of ($864,138) Year to date expenditure – favourable variance of $731,575 Year to date net result – unfavourable variance of ($132,563)

At this stage the variances are due to timing differences. Namely:


C84 OCTOBER 2014

Revenue • The Accounting treatment of Rates received in advance ($609,209) to 30 June 2014.

Will be adjusted at year end.

Expenditure • Timing of first quarterly payment of Elected Member Allowances (YTD Budget

$87,152). Infrastructure Services: Year to date revenue – unfavourable variance of ($2,437,599) Year to date expenditure – favourable variance of $3,300,487 Year to date net result – favourable variance of $862,888 At this stage the variances are due to timing differences. Namely: Revenue • Timing of transfers in from reserves for the investment property strategy and capital

works (YTD budget of $1,996,500); Expenditure • Timing of fleet and plant purchases (YTD budget of $704,814); • The pre allocation of $1m in overheads from Design Services to various Shire jobs;

and • Timing of sub-division costs for Balfour Road and Morrison Road (YTD Budget of

$1,052,500) Statutory Services:

Year to date revenue – favourable variance of $17,780 Year to date expenditure – favourable variance of $93,583 Year to date net result – favourable variance of $111,363

At this stage the variance in expenditure are due to timing differences. Revenue is within the reportable variance threshold.

Unrestricted Funds

The Shire has $28,316,622 of unrestricted funds as at 30 September 2014 ($27,106,491 as at 30 September 2013). The cash balance in the Municipal Fund is $17,745,799 ($18,506,977 as at 30 September 2013).

VOTING REQUIREMENT:

Simple Majority


C85 OCTOBER 2014

RECOMMENDATION

That Council notes:

1. the favourable year to date net difference between budgeted net revenue and actual

net revenue as at 30 September 2014 is $956,640; 2. the end of year forecast for net expenditure as at 30 September 2014 is

($11,798,089); and 3. the unrestricted funds position of the Shire as at 30 September 2014 is $28,316,622.


C86 OCTOBER 2014

Attachment 3

Report 11.3

9 Pages


C87 OCTOBER 2014

Shire of Mundaring Cost Report Summary for the year to date 30 September 2014

YTD Actual YTD Budget YTD Variance $ YTD Variance %Favorable = F

Unfavorable = UCurrent year

Budget

Forecast Change

(Variance)End of year

ForecastFavorable = F

Unfavorable = U

Strategic & Community ServicesRevenue $1,925,183 $1,325,068 $600,115 45.3% F $5,934,206 $0 $5,934,206 =Expenditure ($3,593,646) ($3,108,484) ($485,162) 15.6% U ($13,286,791) $0 ($13,286,791) =Total ($1,668,464) ($1,783,416) $114,952 -6.4% F ($7,352,585) $0 ($7,352,585) =

Office of Chief Exceutive & Corporate ServicesRevenue $23,830,087 $24,694,225 ($864,138) -3.5% U $46,744,571 $0 $46,744,571 =Expenditure ($1,469,361) ($2,200,936) $731,575 -33.2% F ($29,069,300) $0 ($29,069,300) =Total $22,360,726 $22,493,289 ($132,563) -0.6% U $17,675,271 $0 $17,675,271 =

Infrastructure ServicesRevenue $7,461,442 $9,899,041 ($2,437,599) -24.6% U $21,796,872 $0 $21,796,872 =Expenditure ($6,247,627) ($9,548,114) $3,300,487 -34.6% F ($39,638,699) $0 ($39,638,699) =Total $1,213,815 $350,927 $862,888 245.9% F ($17,841,827) $0 ($17,841,827) =

Statutory ServicesRevenue $254,430 $236,650 $17,780 7.5% F $1,033,158 $0 $1,033,158 =Expenditure ($1,308,985) ($1,402,568) $93,583 -6.7% F ($5,312,106) $0 ($5,312,106) =Total ($1,054,555) ($1,165,918) $111,362 -9.6% F ($4,278,948) $0 ($4,278,948) =

Total Shire of MundaringRevenue $33,471,141 $36,154,984 ($2,683,843) -7.4% U $75,508,807 $0 $75,508,807 =Expenditure ($12,619,619) ($16,260,102) $3,640,483 -22.4% F ($87,306,896) $0 ($87,306,896) =Net Revenue/(Expenditure) $20,851,522 $19,894,882 $956,640 4.8% F ($11,798,089) $0 ($11,798,089) =


C88 OCTOBER 2014

CURRENT ASSETS

Rates & Sanitation Debtors 12,477,707 14,693,506Debtors 433,521 637,331

TOTAL RECEIVABLES - CURRENT 12,911,228 15,330,837

STOCK ON HAND 365,871 208,827

CASH ASSETS

Municipal 18,506,977 17,745,799Reserve 11,065,649 10,750,066Total Bank Accounts 29,572,626 28,495,865

TOTAL CURRENT ASSETS 42,849,725 44,035,529

CURRENT LIABILITIESCreditors (2,176,478) (2,206,870)Borrowings - Current Portion (185,751) (199,080)Provisions (2,387,377) (2,645,776)

(4,749,606) (5,051,726)NET CURRENT ASSETS 38,100,120 38,983,803

Less Reserve Fund & Restricted Assets (11,063,185) (10,750,066)Less Land Held for Resale (116,195) (116,195)Add Current Loan Liability 185,751 199,080

UNRESTRICTED FUNDS 27,106,491 28,316,622

Actual 30 September 2014 Actual 30 September 2013

NET CURRENT ASSETS AND UNRESTRICTED FUNDS


C89 OCTOBER 2014

$-

$5,000,000

$10,000,000

$15,000,000

$20,000,000

$25,000,000

$30,000,000

$35,000,000

$40,000,000

Shire of MundaringUnrestricted Funds Position - Year to Year Comparison

2013/14

2014/15


C90 OCTOBER 2014

Shire of MundaringStrategic and Community Services

Period ending 30 September 2014

Responsible Officer YTD ActualsYTD Budgets

Y T D Variance

Current Year Budget

Budget Adjustment Forecast

ExpenditureAFM Branch Librarian (145,067) (178,730) 33,663 (668,308) 0 (668,308)Bilgoman Aquatic Centre Manager (921,021) (151,060) (769,961) (2,531,505) 0 (2,531,505)Brown Park Manager (67,673) (51,600) (16,073) (210,834) 0 (210,834)Communities For Children (73,893) (47,454) (26,439) (189,800) 0 (189,800)Community Facilities Coordinator (53,473) (47,568) (5,905) (190,278) 0 (190,278)Community Playgroups (7,480) (5,529) (1,951) (22,113) 0 (22,113)Coordinator Lake Leschenaultia (121,189) (156,026) 34,837 (621,638) 0 (621,638)Director Strategic & Community Services (262,930) (348,276) 85,346 (1,259,261) 0 (1,259,261)Eastern Region Family Day Care Scheme (461,163) (341,044) (120,119) (1,331,481) 0 (1,331,481)Inclusion Support Agency (79,036) (92,322) 13,286 (348,199) 0 (348,199)Manager Community Engagement (460,750) (528,092) 67,342 (1,587,095) (1,587,095)Manager Library and Information Services (163,988) (212,843) 48,855 (767,456) 0 (767,456)Manager Recreation and Leisure Services (205,180) (215,843) 10,663 (810,867) 0 (810,867)Maternal & Infant Health (1,613) 0 (1,613) 0 0 0Midvale Early Childhood & Parenting Centre (362,326) (357,624) (4,702) (1,357,352) 0 (1,357,352)Midvale Playgroup & Toy Library (1,333) (2,040) 707 (8,160) 0 (8,160)Mt Helena Aquatic & recreation Centre Manager (31,473) (71,493) 40,020 (240,613) 0 (240,613)Swan Children and Family Centre - Clayton View (124,740) (196,812) 72,072 (755,161) 0 (755,161)Swan Children and Family Centre - Middle Swan (38,911) (85,336) 46,425 (324,995) 0 (324,995)Toy Library Coordinator (10,407) (18,792) 8,385 (61,675) 0 (61,675)Expenditure Total (3,593,646) (3,108,484) (485,162) (13,286,791) 0 (13,286,791)

IncomeAFM Branch Librarian 4,312 5,818 (1,506) 23,266 0 23,266Bilgoman Aquatic Centre Manager 0 0 0 374,890 0 374,890Brown Park Manager 38,257 28,521 9,736 72,800 0 72,800Communities For Children 85,935 22,749 63,186 91,000 0 91,000Community Facilities Coordinator 38,809 36,981 1,828 147,923 0 147,923Coordinator Lake Leschenaultia 54,919 20,535 34,384 255,000 0 255,000Director Strategic & Community Services 530 0 530 0 0 0Eastern Region Family Day Care Scheme 462,957 343,626 119,331 1,374,496 0 1,374,496Inclusion Support Agency 157,645 93,003 64,642 372,000 0 372,000Manager Community Engagement 140,936 90,123 50,813 391,088 0 391,088Manager Library and Information Services 3,967 3,585 382 14,343 0 14,343Manager Recreation and Leisure Services 18,744 15,822 2,922 103,300 0 103,300Midvale Early Childhood & Parenting Centre 486,590 354,249 132,341 1,417,004 0 1,417,004Midvale Playgroup & Toy Library 0 1,938 (1,938) 7,746 0 7,746Mt Helena Aquatic & recreation Centre Manager 2,921 2,028 893 64,990 0 64,990Swan Children and Family Centre - Clayton View 428,514 266,499 162,015 1,066,000 0 1,066,000Swan Children and Family Centre - Middle Swan 0 38,001 (38,001) 152,000 0 152,000Toy Library Coordinator 145 1,590 (1,445) 6,360 0 6,360Income Total 1,925,183 1,325,068 600,115 5,934,206 0 5,934,206

Net Revenue/(Expenditure) (1,668,464) (1,783,416) 114,952 (7,352,585) 0 (7,352,585)


C91 OCTOBER 2014

Shire of MundaringOffice of Chief Executive and Corporate Services


Responsible Officer YTD Actuals YTD Budgets Y T D VarianceCurrent Year Budget


ExpenditureAllocations Office Vehicles (80,321) (145,302) 64,981 (498,210) 0 (498,210)Allocations Ranger Vehicles (17,180) (26,784) 9,605 (107,128) 0 (107,128)Chief Executive Officer (111,363) (138,403) 27,040 (524,707) 0 (524,707)Coordinator Finance (178,151) (261,371) 83,220 (429,422) 0 (429,422)Director Corporate Services (82,732) (197,394) 114,662 (21,721,718) 0 (21,721,718)Governance and Risk (8,491) (12,145) 3,654 (46,082) 0 (46,082)Human Resource Manager (130,417) (171,413) 40,996 (687,300) 0 (687,300)Manager Administration Services (231,937) (406,304) 174,367 (1,467,314) 0 (1,467,314)Manager Finance and Governance (286,946) (306,185) 19,239 (1,497,037) 0 (1,497,037)Manager Information Systems (335,101) (503,413) 168,312 (1,961,482) 0 (1,961,482)Senior Records Officer (4,026) (8,374) 4,348 (33,500) 0 (33,500)Team Leader Records Service (7,869) (8,599) 730 (34,400) 0 (34,400)Telephonist 5,172 (15,249) 20,421 (61,000) 0 (61,000)Expenditure Total (1,469,361) (2,200,936) 731,575 (29,069,300) 0 (29,069,300)

IncomeAllocations Office Vehicles 97,500 149,085 (51,585) 596,340 0 596,340Allocations Ranger Vehicles 0 2,250 (2,250) 8,998 0 8,998Chief Executive Officer 0 375 (375) 1,500 0 1,500Coordinator Finance 23,089,602 23,695,214 (605,612) 24,076,360 0 24,076,360Director Corporate Services 637,962 835,712 (197,750) 21,667,866 0 21,667,866Governance and Risk (1,000) 6,501 (7,501) 26,000 0 26,000Manager Administration Services 4,613 5,088 (475) 30,146 0 30,146Manager Finance and Governance 1,408 0 1,408 337,361 0 337,361Profit and Loss on sale of Assets (40,579) 0 (40,579) 0 0 0Income Total 23,830,087 24,694,225 (864,138) 46,744,571 0 46,744,571

Net Revenue/(Expenditure) 22,360,726 22,493,289 (132,563) 17,675,271 0 17,675,271


C92 OCTOBER 2014

Shire of MundaringInfrastructure Services


Responsible Officer YTD ActualsYTD Budgets

YTD Variance

Current Year Budget


ExpenditureConstruction Supervisor (253,697) (450,310) 196,613 (1,801,239) 0 (1,801,239)Coordinator Civil Works (109,799) (341,826) 232,028 (1,847,294) 0 (1,847,294)Coordinator Parks Services (1,100,117) (920,196) (179,921) (3,777,221) 0 (3,777,221)Coordinator Plant and Depot Services (480,608) (1,157,142) 676,534 (2,368,381) 0 (2,368,381)Director Infrastructure Services (1,795,471) (2,947,325) 1,151,854 (12,021,951) 0 (12,021,951)Engineering Technical Officer - Civil (133,304) (184,125) 50,821 (811,500) 0 (811,500)Maintenance Supervisor (769,593) (449,754) (319,839) (1,991,216) 0 (1,991,216)Manager Building Assets (420,790) (610,062) 189,272 (5,564,439) 0 (5,557,729)Manager Design Service 812,791 (168,807) 981,598 (755,423) 0 (755,423)Manager Operations Service (248,391) (315,340) 66,949 (1,248,604) 0 (1,248,604)Waste & Recycling Coordinator (1,608,175) (1,805,216) 197,041 (6,631,401) 0 (6,631,401)Works Supervisor (140,474) (198,011) 57,537 (820,030) 0 (820,030)Expenditure Total (6,247,627) (9,548,114) 3,300,487 (39,638,699) 0 (39,631,989)

IncomeCoordinator Parks Services 0 22,500 (22,500) 90,000 0 90,000Coordinator Plant and Depot Services 229,559 544,815 (315,256) 2,179,272 0 2,179,272Director Infrastructure Services 499,007 2,575,155 (2,076,148) 10,414,698 0 10,414,698Engineering Technical Officer - Civil 4,066 2,249 1,817 36,000 0 36,000Maintenance Supervisor 2,000 258 1,742 1,032 0 1,032Manager Building Assets 0 0 0 1,750,000 0 1,750,000Manager Design Service 0 0 0 370,000 0 370,000Manager Operations Service 0 33,750 (33,750) 135,000 0 135,000Waste & Recycling Coordinator 6,726,809 6,720,314 6,495 6,820,870 0 6,820,870Income Total 7,461,442 9,899,041 (2,437,599) 21,796,872 0 21,796,872

Net Revenue/(Expenditure) 1,213,815 350,927 862,888 (17,841,827) 0 (17,841,827)


C93 OCTOBER 2014

Shire of MundaringStatutory Services


Responsible OfficerYTD Actuals

YTD Budgets

YTD Variance

Current Year Budget


ExpenditureBushcare Coordinator (9,950) (62,753) 52,803 (225,797) 0 (225,797)Coordinator Environment and Sustainability (111,139) (172,780) 61,641 (654,979) 0 (654,979)Director Statutory Services (30,794) (37,139) 6,345 (139,541) 0 (139,541)Manager Building Services (113,478) (162,059) 48,581 (605,690) 0 (605,690)Manager Health & Community Safety Service (CSS) (716,048) (525,904) (190,144) (2,024,159) 0 (2,024,159)Manager Health & Community Safety Services (HS) (115,683) (161,227) 45,544 (603,331) 0 (603,331)Manager Planning (211,892) (280,706) 68,814 (1,058,609) 0 (1,058,609)Expenditure Total (1,308,985) (1,402,568) 93,583 (5,312,106) 0 (5,312,106)

IncomeBushcare Coordinator 909 0 909 0 0 0Coordinator Environment and Sustainability 0 0 0 1,934 0 1,934Manager Building Services 80,466 59,625 20,841 253,799 0 253,799Manager Health & Community Safety Service (CSS) 31,902 87,301 (55,399) 418,527 0 418,527Manager Health & Community Safety Services (HS) 34,321 16,296 18,025 65,191 0 65,191Manager Planning 106,832 73,428 33,404 293,707 0 293,707Income Total 254,430 236,650 17,780 1,033,158 0 1,033,158

Net Revenue/(Expenditure) (1,054,555) (1,165,918) 111,363 (4,278,948) 0 (4,278,948)


C94 OCTOBER 2014

Shire of MundaringStatement of Financial Activity

for period ending 30 September 20142014/15 2014/15Actuals BUDGET

$ $

Operating Revenues General Purpose Funding 944,079 4,054,092 Governance 20,578 81,200 Law, Order & Public Safety 35,682 418,200 Health 34,321 55,700 Education & Welfare 1,718,634 4,818,166 Community Amenities 6,831,728 7,124,290 Recreation and Culture 147,490 1,053,713 Transport 1,899 186,000 Economic Services 80,466 238,500 Other Property and Services 373,739 2,459,156 Total (Excluding Rates) 10,188,615 20,489,017

Operating Expenses General Purpose Funding (134,646) (681,138) Governance (1,003,516) (5,435,137) Law, Order & Public Safety (788,535) (2,395,826) Health (154,835) (814,610) Education & Welfare (1,582,710) (6,664,979) Community Amenities (2,038,063) (8,779,786) Recreation and Culture (2,104,034) (8,679,958) Transport (3,184,921) (11,868,068) Economic Services (162,037) (809,159) Other Property and Services 199,283 (3,160,731) Total (10,954,012) (49,289,392)

Adjustments for Cash Budget Requirements:Depreciation on Assets 1,983,594 8,541,748 (Profit)/Loss on Disposal of Assets 40,579 - Deferred Rates Adjustment 3,240 - Net Operating Result (Excluding Rates) 1,262,016 (20,258,627)

Capital RevenuesProceeds from Disposal of Assets 55,253 2,638,140 Grants and Contributions 253,470 3,519,507 Proceeds from New Debentures - 16,000,000 Transfers from Reserves 20,042 9,159,283 Total 328,765 31,316,930

Capital ExpensesPurchase Property, Land & Equipment (1,082,096) (11,110,987) Purchase Infrastructure (506,849) (4,913,093) Repayment of Debentures (48,484) (199,080) Transfers to Reserves (29,073) (21,886,000) Total (1,666,502) (38,109,160) Net Capital (1,337,737) (6,792,230)

Total Net Operating and Capital (75,721) (27,050,857)

Rate Revenue 22,913,182 23,702,860 Opening Surplus/(Deficit) June 30 C/Fwd. 5,479,160 4,877,217

Closing Surplus/(Deficit) 28,316,622 1,529,220


C95 OCTOBER 2014

Amount Invested

Interest Rate

Period of Investment

Investment Date Maturity Date

Unrestricted Use Funds

71 Westpac Maxi $6,517,448 2.40% N/A N/A N/A

116 ANZ $2,602,176 3.35% 91 days 19-Sep-14 19-Dec-14

118 NAB $3,000,000 3.60% 183 days 2-Sep-14 4-Mar-15

119 Westpac $3,000,000 3.54% 124 days 10-Sep-14 12-Jan-15

120 NAB $2,000,000 3.46% 151 days 18-Sep-14 16-Feb-15

Total $17,119,625

73 Westpac Maxi 298,286 2.40% N/A N/A N/A

60A Bendigo 1,292,957 3.40% 184 days 22-Jul-14 22-Jan-15

89 BankWest 1,257,414 3.35% 91 days 22-Sep-14 22-Dec-14

97 NAB 4,024,067 3.60% 180 days 12-Jun-14 9-Dec-14

107 ANZ 2,201,995 3.49% 181 days 28-Sep-14 28-Mar-15

108 ANZ 1,634,784 3.55% 92 days 16-Jul-14 16-Oct-14

Total 10,709,502

$27,829,127

Road Construction/POS Funds

72 Westpac Maxi $2,278,662 2.40% N/A N/A N/A

58 BankWest $1,315,485 3.45% 92 days 7-Jul-14 7-Oct-14

98 BankWest $1,145,324 3.45% 90 days 3-Jul-13 1-Oct-13

99 BankWest $1,149,965 3.40% 91 days 1-Sep-14 1-Dec-14

$5,889,436

SHIRE OF MUNDARING

TRUST FUNDS

TOTAL TRUST INVESTMENT

TOTAL MUNI / RESERVE INVESTMENT

INVESTMENT SUMMARY as at 30 September 2014

MUNICIPAL FUNDS

RESERVE FUNDS


C96 OCTOBER 2014

12.0 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE

HAS BEEN GIVEN

Nil 13.0 NEW BUSINESS OF AN URGENT NATURE APPROVED BY

PRESIDING PERSON OR BY DECISION OF MEETING 13.1 Elected Members 13.2 Employees 14.0 CLOSING PROCEDURES 14.1 Date, Time and Place of the Next Meeting

The next Ordinary Council meeting will be held on Tuesday, 11 November 2014 at 6.30pm in the Council Chamber.

14.2 Closure of the Meeting

NOTICE OF MEETING · NOTICE OF MEETING . ... That the minutes of the Ordinary Council Meeting held...

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