Western Australian Numbered Acts Western Australian Numbered Acts Delete Part 8
Division 1 and insert:
Division 1 — Inquiry by Inspector
In this
Division —
inquiry means an inquiry under section 8.2(1)
or (2);
Inspector’s report means a report prepared
under section 8.4.
(1) The Inspector may,
on the Inspector’s own initiative, conduct an inquiry into a local
government and its operations and affairs.
(2) The Minister may
direct the Inspector to conduct an inquiry into a local government and its
operations and affairs and, if so directed, the Inspector must conduct the
inquiry accordingly.
(3) A direction under
subsection (2) may be a direction to conduct a general inquiry or an
inquiry into a specific matter.
(4) Even though the
Inspector is directed by the Minister to conduct an inquiry into a specific
matter, the Inspector may inquire into any other matter that comes to the
Inspector’s attention during the inquiry if the Inspector considers it
necessary or expedient to inquire into that matter.
(5) The Inspector
must —
(a)
advise the Minister and the local government concerned if and when an inquiry
is commenced under subsection (1); and
(b)
advise the local government concerned if the Inspector is directed by the
Minister to conduct an inquiry under subsection (2).
(6) If the Electoral
Commissioner is responsible for the conduct of an election (as defined in
section 4.1) —
(a) the
validity of the election cannot be the subject of an inquiry; and
(b) the
Inspector must obtain the written agreement of the Electoral Commissioner
before any other aspect of the election becomes the subject of an inquiry.
(7) Nothing in this
section limits the authority of the Inspector, or another authorised officer,
to exercise the powers conferred under Parts 8A and 8B to conduct an
investigation into a local government and its operations and affairs, whether
in response to a complaint or on the Inspector’s own initiative.
(1) The Inspector may
delegate the power to conduct and report on an inquiry to an inspectorate
officer, another public service officer or an employee as defined in the
Public Sector Management Act 1994 section 3(1).
(2) A delegation under
subsection (1) may include a delegation of any power of the Inspector
under Part 8B Division 6 for the purpose of conducting the inquiry
or preparing the report on the outcome of the inquiry.
(3) The Inspector
cannot delegate the power to conduct and report on an inquiry to a monitor.
(4) A delegation under
subsection (1) must be in writing signed by the Inspector.
(5) A person to whom a
power is delegated under subsection (1) cannot delegate that power.
(6) A person
exercising or performing a power that has been delegated to the person under
subsection (1) is taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(7) This section does
not limit the power of the Inspector to perform a function through an officer
or agent.
(1) The Inspector
must —
(a)
prepare a report on the outcome of an inquiry conducted by the Inspector; and
(b) give
a copy of the report to the Minister.
(2) The
Inspector’s report —
(a) must
include —
(i)
a summary of the powers that were exercised; and
(ii)
the relevant findings of the inquiry;
and
(b) may
include any recommendations that the Inspector considers appropriate.
(3) Without limiting
subsection (2)(b), the Inspector may recommend —
(a) that
a council be dismissed; or
(b) that
a council that has been suspended be reinstated; or
(c) if
subsection (4) applies — that a council member be dismissed;
or
(d) that
a council member who has been suspended be reinstated.
(4) The Inspector can
recommend that a council member be dismissed only if the Inspector is
satisfied on reasonable grounds that —
(a) at
least 1 of the following applies —
(i)
the member has failed, or is failing, to perform the
member’s role, functions or duties under this Act;
(ii)
the member’s conduct has impeded, or is impeding,
the ability of another person to perform their role, functions or duties under
this Act;
(iii)
the member’s conduct has impeded, or is impeding,
the ability of the local government to comply with the principles that apply
to it under section 5.40;
and
(b) the
seriousness or duration of that failure or conduct makes it inappropriate for
the member to continue to be a member of the governing body of the local
government.
8.5. Copies of report to be given to local
government and suspended council members
(1) Unless the
Minister directs otherwise, the Inspector must give a copy of the
Inspector’s report to —
(a) the
local government concerned; and
(b) if
the council of the local government is suspended — each council
member; and
(c) if a
council member is suspended — that member.
(2) Before giving the
report as required under subsection (1), the Inspector may remove from
the report anything that —
(a)
could prejudice any legal action arising from the inquiry; or
(b)
could prejudice any inquiry that the Minister may wish to institute under
Division 2; or
(c)
could be considered defamatory; or
(d) the
Inspector considers ought, for any other reason, to be removed.
(3) Unless the
Minister directs otherwise, the Inspector is not required to act under
subsection (1) if —
(a) the
report contains no findings adverse to the local government concerned, its
council, a council member or any other person; or
(b) the
Inspector is satisfied that it would not be in the public interest to act
under that subsection.
8.6. Advice from local government and council
members
(1) Within
21 days after receiving an Inspector’s report that includes
recommendations, or within a longer period allowed by the Minister, the local
government must give the Minister and the Inspector written advice setting
out —
(a) the
things that the local government has done or proposes to do to give effect to
the recommendations; and
(b) if
the report recommends that the council be dismissed, its comments on that
recommendation.
(2) A council member
who is suspended or who is a member of a council that is suspended may, within
21 days after receiving an Inspector’s report or a longer period
allowed by the Minister, give the Minister and the Inspector written advice
setting out the member’s comments on the recommendations.
8.7. Minister may take action to ensure
recommendations are put into effect
(1) The Minister may,
if the Minister thinks fit, order the local government, or any member of its
council or any of its employees, to give effect to any 1 or more of the
recommendations in the Inspector’s report in a manner and within a time
specified in the order.
(2) The Minister must
not make an order under subsection (1) until —
(a) the
Minister has received advice in respect of the recommendations —
(i)
under section 8.6(1); and
(ii)
under section 8.6(2) if the report was provided to a
council member;
or
(b) the
time allowed by section 8.6(1) or (2) runs out, if no advice has been
received by then.
(3) If an order by the
Minister under subsection (1) is not complied with according to its
terms, the Minister may, by order, suspend the council or the council member.
8.8. Reinstatement of suspended council or council
member on recommendation of Inspector
(1)
Subsection (2) applies if —
(a) a
council is suspended under section 8.15C while an inquiry is held that
relates to the council; and
(b) the
Inspector recommends in an Inspector’s report that the council be
reinstated.
(2) The Minister must
by order reinstate the council.
(3)
Subsection (4) applies if —
(a) a
council member is suspended under section 8.15E while an inquiry is held
that relates to the council member; and
(b) the
Inspector recommends in an Inspector’s report that the council member be
reinstated.
(4) The Minister must
by order reinstate the council member.
(5) Nothing in this
section restricts the Minister from —
(a)
reinstating a council by order under section 8.28(3); or
(b)
reinstating a council member by order under section 8.30D.
Note for this section:
Section 8.15H
sets out other circumstances in which a suspended council member must be
reinstated after an inquiry.
8.9. Minister may recommend that council be
dismissed
(1) This section
applies if the Inspector recommends in an Inspector’s report that a
council be dismissed.
(2) The Minister must
decide whether to make a recommendation under subsection (4) in respect
of the Inspector’s recommendation.
(3) The Minister must
not make a decision under subsection (2) until —
(a) the
Minister has received advice under section 8.6(1)(b) in respect of the
recommendation or
(b) the
time allowed by section 8.6(1) runs out, if no advice has been received
by then.
(4) The Minister may
recommend that the Governor dismiss the council, but the Minister does not
have to make that recommendation.
(5) If the council has
been suspended, the Minister may, by order under section 8.28(3),
reinstate the council even if the Inspector has recommended its dismissal.
8.10. Minister may recommend that council member
be dismissed
(1) This section
applies if the Inspector recommends in an Inspector’s report that a
council member be dismissed.
(2) The Minister must
decide whether to make a recommendation under subsection (4) in respect
of the Inspector’s recommendation.
(3) The Minister must
not make a decision under subsection (2) until —
(a) the
Minister has received advice under section 8.6(2) in respect of the
recommendation; or
(b) the
time allowed by section 8.6(2) runs out, if no advice has been received
by then.
(4) The Minister may
recommend that the Governor dismiss the council member, but the Minister does
not have to make that recommendation.
(5) If a council
member has been suspended, the Minister may, by order under
section 8.30D, reinstate the member even if the Inspector has recommended
the member’s dismissal.
8.11. Dismissal of council or council member by
Governor
(1) The Governor may,
by order made on the recommendation of the Minister under section 8.9(4),
dismiss a council.
(2) The Governor may,
by order made on the recommendation of the Minister under
section 8.10(4), dismiss a council member.
8.12. Referral to other authorities
The Inspector may
refer any matter arising out of an inquiry to an authority of the State, the
Commonwealth, another State or a Territory that has power under a law to
investigate or take action in relation to a matter of that kind, and may pass
to that authority any document or property that the Inspector has obtained in
the course of the inquiry.
8.13. Local government may have to meet inquiry
costs
(1) The Minister may
order a local government to pay to the State all or part of the costs of an
inquiry if —
(a) an
Inspector’s report contains findings adverse to the local government, or
to its council or any member, or to any of its employees; or
(b) the
inquiry was instituted at the request of the local government.
(2) The local
government must comply with the order.