Western Australian Current Acts Western Australian Current Acts (1) The member of the
primary standards panel who receives a complaint from a complaints officer
under section 5.107(3)(c), 5.108(2)(c) or 5.109(1)(c) is to —
(a)
allocate that complaint to a standards panel; and
(b) send
the complaint and anything received from the complaints officer to the member
of that standards panel who is appointed under Schedule 5.1 clause 2(a).
(2) After receiving a
complaint allocated to it under subsection (1), a standards panel is required
to —
(a) make
a finding as to whether the breach alleged in the complaint occurred; or
(b) send
the complaint to the Departmental CEO under section 5.111.
(3A) However, a
standards panel can at any stage of its proceedings refuse to deal with a
complaint if the standards panel is satisfied that the complaint is frivolous,
trivial, vexatious, misconceived or without substance.
(3B) A standards panel
may —
(a)
request the parties to participate in mediation to resolve behavioural matters
related to the complaint; and
(b) if
the parties agree to the request, defer the making of a finding under
subsection (2) pending the outcome of the mediation.
(3) For the purpose of
helping it to deal with a complaint, a standards panel may request the
complaints officer to provide anything further that the standards panel
requires, and the complaints officer is required to comply with the request so
far as it is practicable to do so.
(4) A standards panel
must give each party written notice of the reasons for —
(a) any
finding it makes under subsection (2); or
(b) any
refusal under subsection (3A) to deal with a complaint.
(5) If a standards
panel finds that a council member has committed a minor breach, the standards
panel is required to give the council member an opportunity to make
submissions about how the breach should be dealt with under subsection (6).
(5A) When determining
how the breach should be dealt with under subsection (6), the standards panel
may take into account —
(a) the
outcome of mediation requested under subsection (3B); or
(b) a
refusal by the council member to participate in mediation requested under
subsection (3B).
(6) The breach is to
be dealt with by —
(a)
ordering that no sanction be imposed; 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
(iv)
the person against whom the complaint was made pay to the
local government specified in the order an amount equal to the amount of
remuneration and allowances payable by the local government in relation to the
complaint under Schedule 5.1 clause 9;
or
(c)
ordering 2 or more of the sanctions described in paragraph (b).
(7) A standards panel
is required to give to each party and the complaints officer notice of how it
deals with the matter under subsection (6).
(8) Regulations may
provide for or regulate matters relating to mediation under this section
including —
(a) the
appointment of mediators; and
(b) the
procedures to be followed when mediation is undertaken; and
(c) the
time allowed for mediation; and
(d)
payment and recovery of the costs of mediation.
[Section 5.110 inserted: No. 1 of 2007 s. 11;
amended: No. 17 of 2009 s. 44; No. 26 of 2016 s. 16; No. 16 of 2019 s. 55.]