Local Government Adjudicators

Adjudicator role and processes for conduct breaches

Adjudicators are independent statutory decision makers appointed by the Minister for Local Government to assess and determine conduct breach complaints made against local government council members under the Local Government Act 1995. 

The introduction of adjudicators was part of reforms to Western Australia’s local government complaints system, replacing the Local Government Standards Panel.

Adjudicators consider whether a council member has committed a conduct breach and, where appropriate, what action should be taken. In performing their functions, adjudicators act independently, afford procedural fairness to all parties and make decisions in accordance with legislation.

Adjudicators receive administrative support from the Department of Local Government, Industry Regulation and Safety (LGIRS) and have a distinct role from the Local Government Inspector (the Inspector)

How the new system works

The adjudicator model separates complaint handling from decision making:

1. Complaints are made to the Inspector.
2. The Inspector assesses the complaint. 
3. Alleged conduct breach complaints are referred to an adjudicator if there is sufficient evidence to warrant further consideration.
4. The adjudicator independently considers the matter and makes a decision.

This separation is designed to improve:

• independence
• consistency of decision making
• transparency of outcomes.

How a conduct breach complaint is considered

If the Inspector refers a complaint to an adjudicator, it will be dealt with as a conduct breach matter.

Step 1: Initial consideration

The adjudicator will:

• notify the respondent of the complaint after initial review of the complaint
• give the respondent an opportunity to respond.

Due to the high volume of complaints and refinement of processes, current timeframes to provide a copy of the complaint may be several weeks.

Step 2: Assessment and decision

When asked for a submission, a respondent may be asked to:

• provide their version of events
• additional information, or
• to take part in mediation to resolve the matter.

The adjudicator will:

• review all relevant information provided by the parties
• make a decision based on the available evidence.

When providing long documents, individuals will be asked to identify which parts of the document are relevant to the complaint.

To find that a conduct breach has occurred, the adjudicator must be satisfied that it is more likely than not that the breach occurred.

A complaint may be withdrawn before a decision is made.

Step 3: Outcome

It is noted a single complaint may contain several allegations. 

When assessing each allegation, the adjudicator may determine that:

• no breach has occurred
• a breach has occurred, but no sanction is appropriate, or
• a breach has occurred and one or more sanctions should be imposed.

If a conduct breach is found, the adjudicator may order a sanction. This includes options such as:

• a public censure or apology
• counselling or training
• suspension of allowance payments (up to three months)
• suspension from council or committees (up to three months).

If a conduct breach is found, the adjudicator may also order the respondent to reimburse the local government for the cost of the complaint.

Step 4: Notification and publication

The adjudicator will notify those outlined below of how the matter has been dealt with:

• the complainant
• the respondent
• the Local Government Inspector

All decisions — including findings of no breach — are published on the Inspector’s website.

View adjudicator findings and orders

Step 5: Review rights

A complainant or respondent may apply to the State Administrative Tribunal for a review of a decision of an adjudicator to make an order under section 8A.18(4).

Appeals can only be lodged where a breach has been found, not a finding of no breach.

Parties have 28 days to lodge an appeal.

Further information