Western Australian Current Acts

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LOCAL GOVERNMENT ACT 1995 - SECT 5.98

5.98 .         Fees etc. for council members

        (1A)         In this section —

        determined means determined by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975 section 7B.

        (1)         A council member who attends a council or committee meeting is entitled to be paid —

            (a)         the fee determined for attending a council or committee meeting; or

            (b)         where the local government has set a fee within the range determined for council or committee meeting attendance fees, that fee.

        (2A)         A council member who attends a meeting of a prescribed type at the request of the council is entitled to be paid —

            (a)         the fee determined for attending a meeting of that type; or

            (b)         where the local government has set a fee within the range determined for meetings of that type, that fee.

        (2)         A council member who incurs an expense of a kind prescribed as being an expense —

            (a)         to be reimbursed by all local governments; or

            (b)         which may be approved by any local government for reimbursement by the local government and which has been approved by the local government for reimbursement,

                is entitled to be reimbursed for the expense in accordance with subsection (3).

        (3)         A council member to whom subsection (2) applies is to be reimbursed for the expense —

            (a)         where the extent of reimbursement for the expense has been determined, to that extent; or

            (b)         where the local government has set the extent to which the expense can be reimbursed and that extent is within the range determined for reimbursement, to that extent.

        (4)         If an expense is of a kind that may be approved by a local government for reimbursement, then the local government may approve reimbursement of the expense either generally or in a particular case but nothing in this subsection limits the application of subsection (3) where the local government has approved reimbursement of the expense in a particular case.

        (5)         The mayor or president of a local government is entitled, in addition to any entitlement that he or she has under subsection (1) or (2), to be paid —

            (a)         the annual local government allowance determined for mayors or presidents; or

            (b)         where the local government has set an annual local government allowance within the range determined for annual local government allowances for mayors or presidents, that allowance.

        (6)         A local government cannot make any payment to, or reimburse an expense of, a person who is a council member or a mayor or president in that person’s capacity as council member, mayor or president unless the payment or reimbursement is in accordance with —

            (a)         this Division; or

            (b)         a policy adopted by the local government under section 5.129.

        [(7)         deleted]

        [Section 5.98 amended: No. 64 of 1998 s. 36; No. 17 of 2009 s. 33; No. 2 of 2012 s. 14; No. 11 of 2023 s. 79.]



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