A new role
The reform of the complaint system applying to local government in Western Australia has seen changes to the way some breaches of the Local Government Act 1995 are referred and to 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 with conduct breach complaints, referred to them by the Local Government Inspector. Adjudicators are appointed by the Minister for Local Government and are selected through an expression of interest process.
Adjudicators are legal practitioners with a minimum five years’ experience. They will be used to consider conduct breach allegations made against council members.
Conduct Breaches
Conduct breaches can range from misusing council resources to a council member using their office to disadvantage others.
If the Inspector decides that a lodged complaint alleges a conduct breach, it will be referred to the Principal Adjudicator along with any information provided.
Under the changes, the appointed adjudicator for each 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
- suspension for up to three months.
Any finding by an adjudicator – breach or no breach finding – must be published on the Inspector’s website, including any orders and censures imposed.
Print this page
