Western Australian Current Regulations Western Australian Current Regulations[r. 18FA]
[Heading inserted: SL 2021/14 r. 7.]
Division 1 — Preliminary provisions
[Heading inserted: SL 2021/14 r. 7.]
These are the [ insert
name of local government ] Standards for CEO Recruitment, Performance and
Termination .
[Clause 1 inserted: SL 2021/14
r. 7.]
(1) In these
standards —
Act means the Local Government Act 1995 ;
additional performance criteria means performance
criteria agreed by the local government and the CEO under
clause 16(1)(b);
applicant means a person who submits an
application to the local government for the position of CEO;
contract of employment means the written contract,
as referred to in section 5.39 of the Act, that governs the employment of
the CEO;
contractual performance criteria means the
performance criteria specified in the CEO’s contract of employment as
referred to in section 5.39(3)(b) of the Act;
job description form means the job description
form for the position of CEO approved by the local government under
clause 5(2);
local government means the [ insert name of local
government ];
selection criteria means the selection criteria
for the position of CEO determined by the local government under
clause 5(1) and set out in the job description form;
selection panel means the selection panel
established by the local government under clause 8 for the employment of
a person in the position of CEO.
(2) Other terms used
in these standards that are also used in the Act have the same meaning as they
have in the Act, unless the contrary intention appears.
[Clause 2 inserted: SL 2021/14
r. 7.]
Division 2 — Standards for recruitment of CEOs
[Heading inserted: SL 2021/14 r. 7.]
This Division sets out
standards to be observed by the local government in relation to the
recruitment of CEOs.
[Clause 3 inserted: SL 2021/14
r. 7.]
(1) Except as provided
in subclause (2), this Division applies to any recruitment and selection
process carried out by the local government for the employment of a person in
the position of CEO.
(2) This Division does
not apply —
(a) if
it is proposed that the position of CEO be filled by a person in a class
prescribed for the purposes of section 5.36(5A) of the Act; or
(b) in
relation to a renewal of the CEO’s contract of employment, except in the
circumstances referred to in clause 13(2).
[Clause 4 inserted: SL 2021/14
r. 7.]
5 . Determination of selection criteria and
approval of job description form
(1) The local
government must determine the selection criteria for the position of CEO,
based on the local government’s consideration of the knowledge,
experience, qualifications and skills necessary to effectively perform the
duties and responsibilities of the position of CEO of the local government.
(2) The local
government must, by resolution of an absolute majority of the council, approve
a job description form for the position of CEO which sets out —
(a) the
duties and responsibilities of the position; and
(b) the
selection criteria for the position determined in accordance with
subclause (1).
[Clause 5 inserted: SL 2021/14
r. 7.]
(1) If the position of
CEO is vacant, the local government must ensure it complies with
section 5.36(4) of the Act and the Local Government (Administration)
Regulations 1996 regulation 18A.
(2) If clause 13
applies, the local government must advertise the position of CEO in the manner
referred to in the Local Government (Administration) Regulations 1996
regulation 18A as if the position was vacant.
[Clause 6 inserted: SL 2021/14
r. 7.]
7 . Job description form to be made available by
local government
If a person requests
the local government to provide to the person a copy of the job description
form, the local government must —
(a)
inform the person of the website address referred to in the Local Government
(Administration) Regulations 1996 regulation 18A(2)(da); or
(b) if
the person advises the local government that the person is unable to access
that website address —
(i)
email a copy of the job description form to an email
address provided by the person; or
(ii)
mail a copy of the job description form to a postal
address provided by the person.
[Clause 7 inserted: SL 2021/14
r. 7.]
8 . Establishment of selection panel for
employment of CEO
(1) In this
clause —
independent person means a person other than any
of the following —
(a) a
council member;
(b) an
employee of the local government;
(c) a
human resources consultant engaged by the local government.
(2) The local
government must establish a selection panel to conduct the recruitment and
selection process for the employment of a person in the position of CEO.
(3) The selection
panel must comprise —
(a)
council members (the number of which must be determined by the local
government); and
(b) at
least 1 independent person.
[Clause 8 inserted: SL 2021/14
r. 7.]
9 . Recommendation by selection panel
(1) Each
applicant’s knowledge, experience, qualifications and skills must be
assessed against the selection criteria by or on behalf of the selection
panel.
(2) Following the
assessment referred to in subclause (1), the selection panel must provide
to the local government —
(a) a
summary of the selection panel’s assessment of each applicant; and
(b)
unless subclause (3) applies, the selection panel’s recommendation
as to which applicant or applicants are suitable to be employed in the
position of CEO.
(3) If the selection
panel considers that none of the applicants are suitable to be employed in the
position of CEO, the selection panel must recommend to the local
government —
(a) that
a new recruitment and selection process for the position be carried out in
accordance with these standards; and
(b) the
changes (if any) that the selection panel considers should be made to the
duties and responsibilities of the position or the selection criteria.
(4) The selection
panel must act under subclauses (1), (2) and (3) —
(a) in
an impartial and transparent manner; and
(b) in
accordance with the principles set out in section 5.40 of the Act.
(5) The selection
panel must not recommend an applicant to the local government under
subclause (2)(b) unless the selection panel has —
(a)
assessed the applicant as having demonstrated that the applicant’s
knowledge, experience, qualifications and skills meet the selection criteria;
and
(b)
verified any academic, or other tertiary level, qualifications the applicant
claims to hold; and
(c)
whether by contacting referees provided by the applicant or making any other
inquiries the selection panel considers appropriate, verified the
applicant’s character, work history, skills, performance and any other
claims made by the applicant.
(6) The local
government must have regard to, but is not bound to accept, a recommendation
made by the selection panel under this clause.
[Clause 9 inserted: SL 2021/14
r. 7.]
10 . Application of cl. 5 where new process
carried out
(1) This clause
applies if the local government accepts a recommendation by the selection
panel under clause 9(3)(a) that a new recruitment and selection process
for the position of CEO be carried out in accordance with these standards.
(2) Unless the local
government considers that changes should be made to the duties and
responsibilities of the position or the selection criteria —
(a)
clause 5 does not apply to the new recruitment and selection process; and
(b) the
job description form previously approved by the local government under
clause 5(2) is the job description form for the purposes of the new
recruitment and selection process.
[Clause 10 inserted: SL 2021/14
r. 7.]
11 . Offer of employment in position of CEO
Before making an
applicant an offer of employment in the position of CEO, the local government
must, by resolution of an absolute majority of the council,
approve —
(a) the
making of the offer of employment to the applicant; and
(b) the
proposed terms of the contract of employment to be entered into by the local
government and the applicant.
[Clause 11 inserted: SL 2021/14
r. 7.]
12 . Variations to proposed terms of contract of
employment
(1) This clause
applies if an applicant who is made an offer of employment in the position of
CEO under clause 11 negotiates with the local government a contract of
employment (the negotiated contract ) containing terms different to the
proposed terms approved by the local government under clause 11(b).
(2) Before entering
into the negotiated contract with the applicant, the local government must, by
resolution of an absolute majority of the council, approve the terms of the
negotiated contract.
[Clause 12 inserted: SL 2021/14
r. 7.]
13 . Recruitment to be undertaken on expiry of
certain CEO contracts
(1) In this
clause —
commencement day means the day on which the Local
Government (Administration) Amendment Regulations 2021 regulation 6
comes into operation.
(2) This clause
applies if —
(a) upon
the expiry of the contract of employment of the person (the incumbent CEO )
who holds the position of CEO —
(i)
the incumbent CEO will have held the position for a
period of 10 or more consecutive years, whether that period commenced before,
on or after commencement day; and
(ii)
a period of 10 or more consecutive years has elapsed
since a recruitment and selection process for the position was carried out,
whether that process was carried out before, on or after commencement day;
and
(b) the
incumbent CEO has notified the local government that they wish to have their
contract of employment renewed upon its expiry.
(3) Before the expiry
of the incumbent CEO’s contract of employment, the local government must
carry out a recruitment and selection process in accordance with these
standards to select a person to be employed in the position of CEO after the
expiry of the incumbent CEO’s contract of employment.
(4) This clause does
not prevent the incumbent CEO’s contract of employment from being
renewed upon its expiry if the incumbent CEO is selected in the recruitment
and selection process referred to in subclause (3) to be employed in the
position of CEO.
[Clause 13 inserted: SL 2021/14
r. 7.]
14 . Confidentiality of information
The local government
must ensure that information provided to, or obtained by, the local government
in the course of a recruitment and selection process for the position of CEO
is not disclosed, or made use of, except for the purpose of, or in connection
with, that recruitment and selection process.
[Clause 14 inserted: SL 2021/14
r. 7.]
Division 3 — Standards for review of performance of CEOs
[Heading inserted: SL 2021/14 r. 7.]
This Division sets out
standards to be observed by the local government in relation to the review of
the performance of CEOs.
[Clause 15 inserted: SL 2021/14
r. 7.]
16 . Performance review process to be agreed
between local government and CEO
(1) The local
government and the CEO must agree on —
(a) the
process by which the CEO’s performance will be reviewed; and
(b) any
performance criteria to be met by the CEO that are in addition to the
contractual performance criteria.
(2) Without limiting
subclause (1), the process agreed under subclause (1)(a) must be
consistent with clauses 17, 18 and 19.
(3) The matters
referred to in subclause (1) must be set out in a written document.
[Clause 16 inserted: SL 2021/14
r. 7.]
17 . Carrying out a performance review
(1) A review of the
performance of the CEO by the local government must be carried out in an
impartial and transparent manner.
(2) The local
government must —
(a)
collect evidence regarding the CEO’s performance in respect of the
contractual performance criteria and any additional performance criteria in a
thorough and comprehensive manner; and
(b)
review the CEO’s performance against the contractual performance
criteria and any additional performance criteria, based on that evidence.
[Clause 17 inserted: SL 2021/14
r. 7.]
18 . Endorsement of performance review by local
government
Following a review of
the performance of the CEO, the local government must, by resolution of an
absolute majority of the council, endorse the review.
[Clause 18 inserted: SL 2021/14
r. 7.]
19 . CEO to be notified of results of performance
review
After the local
government has endorsed a review of the performance of the CEO under
clause 18, the local government must inform the CEO in writing
of —
(a) the
results of the review; and
(b) if
the review identifies any issues about the performance of the CEO —
how the local government proposes to address and manage those issues.
[Clause 19 inserted: SL 2021/14
r. 7.]
Division 4 — Standards for termination of employment of
CEOs
[Heading inserted: SL 2021/14 r. 7.]
This Division sets out
standards to be observed by the local government in relation to the
termination of the employment of CEOs.
[Clause 20 inserted: SL 2021/14
r. 7.]
21 . General principles applying to any
termination
(1) The local
government must make decisions relating to the termination of the employment
of a CEO in an impartial and transparent manner.
(2) The local
government must accord a CEO procedural fairness in relation to the process
for the termination of the CEO’s employment, including —
(a)
informing the CEO of the CEO’s rights, entitlements and responsibilities
in relation to the termination process; and
(b)
notifying the CEO of any allegations against the CEO; and
(c)
giving the CEO a reasonable opportunity to respond to the allegations; and
(d)
genuinely considering any response given by the CEO in response to the
allegations.
[Clause 21 inserted: SL 2021/14
r. 7.]
22 . Additional principles applying to termination
for performance‑related reasons
(1) This clause
applies if the local government proposes to terminate the employment of a CEO
for reasons related to the CEO’s performance.
(2) The local
government must not terminate the CEO’s employment unless the local
government has —
(a) in
the course of carrying out the review of the CEO’s performance referred
to in subclause (3) or any other review of the CEO’s performance,
identified any issues (the performance issues ) related to the performance of
the CEO; and
(b)
informed the CEO of the performance issues; and
(c)
given the CEO a reasonable opportunity to address, and implement a plan to
remedy, the performance issues; and
(d)
determined that the CEO has not remedied the performance issues to the
satisfaction of the local government.
(3) The local
government must not terminate the CEO’s employment unless the local
government has, within the preceding 12‑month period, reviewed the
performance of the CEO under section 5.38(1) of the Act.
[Clause 22 inserted: SL 2021/14
r. 7.]
Any decision by the
local government to terminate the employment of a CEO must be made by
resolution of an absolute majority of the council.
[Clause 23 inserted: SL 2021/14
r. 7.]
24 . Notice of termination of employment
(1) If the local
government terminates the employment of a CEO, the local government must give
the CEO notice in writing of the termination.
(2) The notice must
set out the local government’s reasons for terminating the employment of
the CEO.
[Clause 24 inserted: SL 2021/14
r. 7.]
This is a compilation of the Local Government (Administration) Regulations
1996 and includes amendments made by other written laws. For provisions that
have come into operation, and for information about any reprints, see the
compilation table. For provisions that have not yet come into operation see
the uncommenced provisions table.
|
Citation |
Published |
Commencement |
|---|---|---|
|
24 Jun 1996 p. 2799‑826 |
1 Jul 1996 (see r. 2) | |
|
Local Government (Administration) Amendment Regulations 1996 |
28 Jun 1996 p. 3171 |
1 Jul 1996 1 |
|
Local Government (Administration) Amendment Regulations 1999 |
23 Apr 1999 p. 1717‑21 |
23 Apr 1999 |
|
Local Government (Administration) Amendment Regulations 2000 |
25 Feb 2000 p. 969 |
25 Feb 2000 (see r. 2 and Gazette 25 Feb 2000
p. 970) |
|
Local Government (Administration) Amendment Regulations 2002 |
28 Jun 2002 p. 3079‑81 |
28 Jun 2002 |
|
Reprint of the Local Government (Administration) Regulations 1996 as at
30 Aug 2002 | ||
|
Local Government (Administration) Amendment Regulations 2005 2 |
31 Mar 2005 p. 1030-6 |
1 Apr 2005 (see r. 2 and Gazette 31 Mar 2005
p. 1029) |
|
Local Government (Administration) Amendment Regulations (No. 2) 2005
|
31 Mar 2005 p. 1037-41 |
7 May 2005 (see r. 2) |
|
Local Government (Administration) Amendment Regulations (No. 3) 2005
|
13 May 2005 p. 2086 |
13 May 2005 |
|
Local Government (Administration) Amendment Regulations (No. 4) 2005
|
19 Aug 2005 p. 3871‑3 |
19 Aug 2005 |
|
Reprint 2: The Local Government (Administration) Regulations 1996
as at 17 Nov 2006 | ||
|
Local Government (Administration) Amendment Regulations 2007 |
21 Aug 2007 p. 4189‑93 |
r. 1 and 2: 21 Aug 2007 (see r. 2(a)); |
|
Local Government (Administration) Amendment Regulations 2009 |
20 Nov 2009 p. 4660-1 |
r. 1 and 2: 20 Nov 2009 (see r. 2(a)); |
|
Local Government (Administration) Amendment Regulations 2011 |
3 May 2011 p. 1593-7 |
r. 1 and 2: 3 May 2011 (see r. 2(a)); |
|
Local Government (Administration) Amendment Regulations (No. 2) 2011 |
26 Aug 2011 p. 3481-7 |
r. 1 and 2: 26 Aug 2011 (see r. 2(a)); |
|
Reprint 3: The Local Government (Administration) Regulations 1996
as at 3 Feb 2012 | ||
|
Local Government (Administration) Amendment Regulations 2012 |
13 Jul 2012 p. 3218‑19 |
r. 1 and 2: 13 Jul 2012 (see r. 2(a)); |
|
Local Government (Administration) Amendment Regulations 2014 |
28 Feb 2014 p. 519 |
r. 1 and 2: 28 Feb 2014 (see r. 2(a)); |
|
Local Government (Administration) Amendment Regulations 2016 |
4 Mar 2016 p. 649‑58 |
r. 1 and 2: 4 Mar 2016 (see r. 2(a)); |
|
Local Government Regulations Amendment (Gifts) Regulations 2017 Pt. 2 |
20 Jan 2017 p. 648‑50 |
21 Jan 2017 (see r. 2(b)) |
|
Local Government Regulations Amendment (Recovery of Advance Payments)
Regulations 2018 Pt. 2 |
14 Dec 2018 p. 4805‑6 |
15 Dec 2018 (see r. 2(b)) |
|
Local Government Regulations Amendment (Induction and Training) Regulations
2019 Pt. 3 |
9 Aug 2019 p. 3020‑3 |
16 Sep 2019 (see r. 2(c) and Gazette 9 Aug 2019 p. 3019) |
|
Local Government Regulations Amendment (Gifts) Regulations 2019
Pt. 2 |
18 Oct 2019 p. 3679-84 |
19 Oct 2019 (see r. 2(b) and Gazette 18 Oct 2019
p. 3673) |
|
Local Government (Administration) Amendment Regulations 2020 |
SL 2020/20 25 Mar 2020 |
r. 1 and 2: 25 Mar 2020 (see r. 2(a)); |
|
Local Government Regulations Amendment Regulations (No. 2) 2020
Pt. 5 |
SL 2020/213 6 Nov 2020 |
7 Nov 2020 (see r. 2(b) and SL 2020/212 cl. 2) |
|
Local Government (Administration) Amendment Regulations 2021 |
SL 2021/14 2 Feb 2021 |
r. 1 and 2: 2 Feb 2021 (see r. 2(a)); |
|
Local Government (Model Code of Conduct) Regulations 2021 r. 5 |
SL 2021/15 2 Feb 2021 |
3 Feb 2021 (see r. 2(b) and SL 2021/13 cl. 2) |
|
Local Government Amendment (Employee Code of Conduct) Regulations 2021
Pt. 2 |
SL 2021/16 2 Feb 2021 |
3 Feb 2021 (see r. 2(b) and SL 2021/13 cl. 2) |
|
Local Government Regulations Amendment Regulations 2022 Pt. 2 (other
than Div. 3) |
SL 2022/177 2 Nov 2022 |
3 Nov 2022 (see r. 2(b) and SL 2022/175 cl. 2) |
|
Local Government (Administration) Amendment Regulations 2022 |
SL 2022/185 8 Nov 2022 |
r. 1 and 2: 8 Nov 2022 (see r. 2(a)); |
|
Local Government Regulations Amendment Regulations (No. 2) 2023
Pt. 2 |
SL 2023/102 30 Jun 2023 |
Pt. 2 other than r. 7: 1 Jul 2023 (see r. 2(d));
|
|
Local Government Regulations Amendment Regulations 2023 Pt. 3 |
SL 2023/106 30 Jun 2023 |
1 Jul 2023 (see r. 2(c)) |
|
Local Government Regulations Amendment Regulations (No. 3) 2023
Pt. 2 |
SL 2023/158 18 Oct 2023 |
Pt. 2 Div. 1: 19 Oct 2023 (see r. 2(c));
|
To view the text of the uncommenced provisions see Subsidiary legislation as
made on the WA Legislation website.
|
Citation |
Published |
Commencement |
|---|---|---|
|
Local Government Regulations Amendment Regulations 2022 Pt. 2
Div. 3 |
SL 2022/177 2 Nov 2022 |
3 Nov 2024 (see r. 2(c) and SL 2022/175 cl. 2) |
1 The commencement date of 1 Jul 1996 is
the commencement date of the principal regulations.
2 The Local Government (Administration) Amendment
Regulations 2005 r. 15 is a transitional provision that is of no further
effect.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
Act
Sch. 2 cl. 2(1)
activity involving a local government discretion
19AA
additional performance criteria
Sch. 2 cl. 2(1)
adopted standards 18FB(1),
18FC(1)
annual return 29C(1)
applicant
Sch. 2 cl. 2(1)
associated person
19AA
broadcast technology 14G(1)
class 3 or
4 council or committee 14E(1)
client or adviser
20(1)
closed proceedings
14G(1)
code of conduct 3(1), 19AA
commencement day 28B(1), Sch. 2 cl. 13(1)
committee 3(1)
contract of employment
Sch. 2 cl. 2(1)
contractual performance criteria
Sch. 2 cl. 2(1)
corporate business plan
19BA
electronic meeting 14E(1),
14G(1)
final annual remuneration 19A(2)
former
Form 4 28B(1)
former record of disclosures
28B(1)
former regulation 19C
19DB(1)
former regulation 19D
19DB(1)
gift 19AA
improvised recording
14G(1), 14I(4)
income statement
19BB(1)
incumbent CEO Sch. 2 cl. 13(2)
independent person Sch. 2 cl. 8(1)
interest
19AA
job description form
Sch. 2 cl. 2(1)
local government Sch. 2 cl. 2(1)
local government employee 19AA, 19AB(1), 19AC(1)
local law as to conduct 34D(1)
major land
transaction 19BC(1)
major trading undertaking
19BB(1)
meeting
14C(1), 14CA(1), 14D(1)
meeting day 14G(1)
meeting
details 12(1)
natural disaster
14C(1)
nature classification 19BC(1)
negotiated contract Sch. 2 cl. 12(1)
oversight
entity 29C(1)
performance issues
Sch. 2 cl. 22(2)
plan for the future
19DB(1)
primary return 29C(1)
prohibited gift
19AA
proposed meeting
14C(3), 14D(2A)
public health emergency 3(1)
publicly available 14G(1), (2) and (3)
recording
14G(1)
recording technology
14G(1)
relevant period 14C(1), 14D(1),
34AE(1)
relevant person 3(1)
remuneration
19B(1)
renew 19BE(1)
replace
19BE(1)
resources of the local government
19AE(1)
Schedule 3(1)
section 3(1)
selection criteria
Sch. 2 cl. 2(1)
selection panel Sch.
2 cl. 2(1)
statement of financial position 19BB(1)
state of emergency 3(1)
strategic community plan
19BA
threshold amount
19AA
trading undertaking 19BB(1)
transitional
period 34ACA(5)
usual meeting place
14G(1)
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