The Local Government Act 1995 was amended on 20 October 2019 which amended the gift requirements of local government council members and CEO's.
The new requirements require council members and CEO's to declare any gift over $300 that is received as a result of their role as a council member or CEO.
Previously contributions to travel were treated separately to gifts but with the changes a contribution to travel has been incorporated into the definition of gift.
The City of Mandurah Register of Gifts is available here.
The former City of Mandurah Register of Gifts and Contributions to Travel is available here and shows gifts and travel contributions for the period March 2016 to 19 October 2019.
Inquiries should be directed to Governance Services on (08) 9550 3735 or via email to email@example.com.
The Local Government (Administration) Regulations 1996 (the Regulations) requires the Chief Executive Officer to publish an up-to-date version of the Register of Notifiable Gifts for Employees on the City’s website.
A notifiable gift is valued between $50.00 and $300.00 or are two or more gifts with a cumulative value between $50.00 and $300.00 (where the gifts are received from the same donor within a six-month period). The gift is to an employee from a donor who is undertaking or seeking to undertake an activity involving a local government discretion or, it is reasonable to believe is intending to undertake an activity involving a local government discretion.
Gifts over the value of $300 are prohibited as per the Regulations. A gift valued below $50 may be accepted and need not be disclosed (providing the gift is not one of 2 or more gifts given by the same person within a 6-month period whereby the total value exceeds $50).
Part 5A of the Local Government (Elections) Regulations 1997 requires both candidates and donors to disclose information about any electoral related gift with a value of $200 or more that that was given or promised during the disclosure period.
The Chief Executive Officer is required to establish and maintain a public electoral gift register. Disclosures will be removed three days after election Day for unsuccessful candidates and at the completion of the term of office for successful candidates.
Please note: The Electoral Gift Register is maintained in accordance with the Local Government (Elections) Regulations 1997, and in particular draw your attention to Regulation 30I:
30I. Offence to publish information in certain cases
(1) A person must not publish —
(a) any information derived from an electoral gift register unless that information constitutes a fair or accurate report or summary of information contained in the register and is published in good faith; or
(b) any comment on the facts set forth in an electoral gift register unless that comment is fair and published in good faith.
Penalty: $5 000.
(2) In subregulation (1) —
publish has the meaning that the term has in the law of tort (as modified by the Defamation Act 2005) relating to defamation.
Electoral Gift Registers are available here and as well as available for public inspection at the City's Administration Centre.
Following each local government ordinary election, unsuccessful candidate gift disclosures are removed and successful candidate disclosures will remain on the register for the term of their office.
Enquiries should be directed to Governance Services on (08) 9550 3735 or via email firstname.lastname@example.org.
The Local Government Act 1995 requires a Complaint Register be maintained.
5.121. Register of certain complaints of minor breaches
(1) The complaints officer for each local government is required to maintain a register of complaints which records all complaints that result in a finding under section 5.110(2)(a) that a minor breach has occurred.
(2) The register of complaints is to include, for each recorded complaint —
(a) the name of the council member about whom the complaint is made; and
(b) the name of the person who makes the complaint; and
(c) a description of the minor breach that the standards panel finds has occurred; and
(d) details of the action taken under section 5.110(6).
(3) The CEO must publish an up to date version of the register of complaints on the local government’s official website.
Adverse Findings are a result of a recommendation, finding or proposition by an authorised person or an oversight entity i.e Corruption and Crime Commission, Royal Commission, Public Sector Commission, an Inquiry Panel and Local Government Standards Panel.
The Local Government (Administration) Regulations 1996 r.29C requires a local government to publish any adverse findings.
The City of Mandurah has no adverse findings to report.
In June 2019, the Local Government Act 1995 was amended to require council members to undertake a training course called Council Member Essentials within the first 12 months of being elected.
The Council Member Essentials course was developed to provide council members with the skills and knowledge to perform their role as leaders in their district and includes five foundational units:
The following council members were elected at the 2019 local election and are required to complete the Council Member Essentials course before 19 October 2020.
The Local Government Act 1995 also requires the City of Mandurah to report on training undertaken by the City’s council members for the previous financial year.
5.127. Report on training
The Register of Council Member Training report shows the completed training by the newly elected council members and any professional development training undertaken by any council member. Note: This report does not list training that is in progress.
The Local Government (Administration) Regulations 1996 require the City to provide the names of the council members and the positions of employees who have submitted a primary return or annual return for the financial year beginning on or after 1 July 2020. The following persons have submitted a primary or annual return applicable to this timeframe:
The Local Government (Administration) Regulations 1996 require the City to publish the type, and the amount or value, of any fees, expenses or allowances paid to each council member during a financial year beginning on or after 1 July 2020.
This information will be published by the City at the end of the 2020-2021 financial year before 14 July 2021.
Schedule 6.3 of the Local Government 1995, clause 1.1.c. requires that prior to exercising the power of sale of land for overdue rates under s.6.68, that a notice is to be published on the website and kept on the website for not less than 35 days.
Current nothing to publish.
The Local Government (Functions and General) Regulations 1996 requires details of an exempt disposition to be published on the City’s website, for a period of 1 year, where the property is disposed of within 6 months after an unsuccessful public auction, tender process or disposal by private treaty in accordance with a Business Plan [s.3.59].
Currently nothing to publish.