Complaint Register

The Local Government Act 1995 requires a Complaint Register be maintained which records all breaches by Council Members that result in action under section 5.110(6) (b) or (c) be available to inspect at the office of a local government during business hours, free of charge. To assist interested members of the community accessing this Register, it has been made available on the Town's website. 

The definition of a breach by a Council Member under section 5.105 of the Local Government Act 1995 is:

5.105.     Breaches by council members

      (1)     A council member commits a minor breach if he or she contravenes —

                  (a)     a rule of conduct under section 5.104(1); or

                  (b)     a local law under this Act, contravention of which the regulations specify to be a minor breach.

      (2)     A minor breach is a recurrent breach if it occurs after the council member has been found under this Division to have committed 2 or more other minor breaches.

A complaint of minor breach is considered by the Standards Panel and is dealt with under section 5.110(6).

5.110.     Dealing with complaint of minor breach

      (6)     The breach is to be dealt with by —

                  (a)     dismissing the complaint; or

                  (b)     ordering that —

                   (i)     the person against whom the complaint was made be publicly censured as specified in the order; or

                  (ii)     the person against whom the complaint was made apologise publicly as specified in the order; or

                 (iii)     the person against whom the complaint was made undertake training as specified in the order;

                           or

                  (c)     ordering 2 or more of the sanctions described in paragraph (b).

Complaint Register
Complaint No. Councillor Name Person Who Made Complaint A description of the minor breach that the standards panel finds has occurred Details of the action taken under section 5.110(6)(b) or (c). Date of Complaint Date of Panel Decision
SP.39 of 2016 Sandra Boulter Mat Humfrey On 25 January 2017 the Local Government Standards Panel (Panel) made a finding that Councillor Sandra Boulter, a councillor for the Town of Cottesloe (Town), committed a breach of regulation 11(2) of the Local Government (Rules of Conduct) Regulations 2007 (WA) (Regulations) by failing to disclose an interest in a matter to be discussed at the ordinary council meeting of the Town on 28 June 2016 (Minor Breach). The Panel considered how the Minor Breach is to be dealt with under section 5.110(6) of the Local Government Act 1995 (WA) (LG Act) and concluded, for the following reasons, that Cr Boulter should be ordered to undertake training in terms of: (a) to be determined by the Department (as defined in section 1.4 of the Local Government Act 1995 (WA); (b) on the subject of “interests”; (c) for a period of no less than 2 hours; and (d) at a location to be advised by the Department. 15/08/2016 16/06/2017
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