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.
Current City of Mandurah Register of Gifts
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.
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.
If you are a candidate for the Local Government Election, please refer to the link below regarding Electoral Gift Disclosures.
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, State Administrative Tribunal, 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.
The Local Government Act 1995 requires the City of Mandurah to report on training undertaken by the City’s elected members for the previous financial year.
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.
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.