Local Government Adjudicators

A new role

Reforms to the complaint system applying to local government in Western Australia has seen changes to breaches of the Local Government Act 1995 and how they are handled. This includes the appointment of adjudicators to assess conduct breaches (formerly known as minor breaches).

Adjudicators will provide an additional layer of oversight for conduct breach complaints referred to them by the Local Government Inspector (the Inspector).

Adjudicators are required to be legal practitioners with a minimum five years’ experience and are appointed by the Minister for Local Government. Adjudicators will consider conduct breach allegations made against council members.

Adjudicators are replacing the previous Standards Panel and will be appointed in early 2026.

Conduct breaches

Adjudicators are responsible for the assessment of conduct breaches.

‘Conduct breaches’ (formerly referred to as ‘minor breaches’) are contraventions of the Local Government (Model Code of Conduct) Regulations 2021.

Conduct breaches under the regulations include:

• securing personal advantage or disadvantaging others (clause 18)
• misuse of local government resources (clause 17)
• prohibition against involvement in administration (clause 19)
• relations with local government employees – directing or influencing (clause 20(2))
• relations with local government employees – comments about employees (clause 20(4))
• improper disclosure of information (clause 21)
• non-disclosure of interest adverse to impartiality (clause 22)
• compliance with plan requirement (clause 23(2)).

Conduct breaches under the Inspector Regulations include a breach of a local law relating to conduct at meetings (regulation 4).

If you think a conduct breach has occurred, this should be lodged with the Inspector.

Once a conduct breach complaint is received, if the Inspector decides that a lodged complaint alleges a conduct breach, provided the complaint is not vexatious, trivial, misconceived or without substance, it will be referred to the Principal Adjudicator along with any information provided.

The Principal Adjudicator will either consider the complaint themselves or refer it to one of the Deputy Adjudicators.

Under the changes, the adjudicator for the complaint will have the power to order mediation, make findings and, if appropriate, orders for sanctions.

Findings could result in there being no breach, no sanction being imposed, or that one or more sanctions being imposed is appropriate.

The range of potential penalties include:

• public censure
• apology
• counselling or training
• withholding of fees and allowances for up to three months
• suspension for up to three months.

The adjudicator will notify the applicant, the respondent, and the Inspector about how the matter will be dealt with.

Either the applicant or the respondent may apply to the State Administrative Tribunal for a review of the adjudicator’s decision.

Any finding by an adjudicator (breach or no breach finding) must be published on the Inspector’s website, including any orders and censures imposed.

Cost of consideration

To the extent that an adjudicator’s remuneration and allowances relate to a particular breach complaint, an amount equal to the amount of the remuneration and allowances, as certified by the Principal Adjudicator, is to be paid by the relevant local government of the council member who is the subject of the complaint.

The cost of considering a conduct breach complaint will be invoiced to the relevant local government, including the cost of mediation (if it occurs). The amount invoiced will be specific to the time taken to consider the individual complaint.

Where a complaint is withdrawn before a finding is made, local governments may be invoiced for the time already committed to the complaint at that point.

If the adjudicator determines a conduct breach, they may order the respondent to reimburse the local government an amount equal to what the local government must pay the State for the complaint.

Transitional arrangements

Minor breach complaints that were received by the Standards Panel prior to 1 January 2026 will continue to be dealt with by the Standards Panel.

Further information on minor breaches and the Standards Panel can be found on the LGIRS website on the Minor Breach Findings page.