Western Australian Current Acts

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LOCAL GOVERNMENT ACT 1995 - SECT 2.25

2.25 .         Disqualification for failure to attend meetings

        (1)         A council may, by resolution, grant leave of absence, to a member.

        (2)         Leave is not to be granted to a member in respect of more than 6 consecutive ordinary meetings of the council without the approval of the Minister, unless all of the meetings are within a period of 3 months.

        (3A)         Leave is not to be granted in respect of —

            (a)         a meeting that has concluded; or

            (b)         the part of a meeting before the granting of leave.

        (3)         The granting of the leave, or refusal to grant the leave and reasons for that refusal, is to be recorded in the minutes of the meeting.

        (4)         A member who is absent, without obtaining leave of the council, throughout 3 consecutive ordinary meetings of the council is disqualified from continuing his or her membership of the council, unless all of the meetings are within a 2 month period.

        (5A)         If a council holds 3 or more ordinary meetings within a 2 month period, and a member is absent without leave throughout each of those meetings, the member is disqualified if he or she is absent without leave throughout the ordinary meeting of the council immediately following the end of that period.

        (5)         The non-attendance of a member at the time and place appointed for an ordinary meeting of the council does not constitute absence from an ordinary meeting of the council —

            (a)         if no meeting of the council at which a quorum is present is actually held on that day; or

            (b)         if the non-attendance occurs —

                  (i)         while the member has ceased to act as a member after written notice has been given to the member under section 2.27(3) and before written notice has been given to the member under section 2.27(5); or

                  (ii)         while proceedings in connection with the disqualification of the member have been commenced and are pending; or

            (iiia)         while the member is suspended under section 5.117(1)(a)(iv) or Part 8; or

                  (iii)         while the election of the member is disputed and proceedings relating to the disputed election have been commenced and are pending;

                or

            (c)         if the non-attendance occurs during a period for which the member is entitled to parental leave under subsection (5B).

        (5B)         For the purposes of subsection (5)(c), a member is entitled to parental leave for the period of 6 months beginning on the day on which the member or the member’s spouse or de facto partner —

            (a)         gives birth; or

            (b)         either alone or with another person and whether in the State or elsewhere — adopts, or becomes the guardian or foster parent of, a person who is under 16 years of age.

        (6)         A member who before the commencement of the Local Government Amendment Act 2009 section 5 was granted leave during an ordinary meeting of the council from which the member was absent is to be taken to have first obtained leave for the remainder of that meeting.

        [Section 2.25 amended: No. 49 of 2004 s. 19(1); No. 17 of 2009 s. 5; No. 31 of 2018 s. 5; No. 11 of 2023 s. 18.]



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