Council member, committee member or candidate

Current system

The Department of Local Government, Sport and Cultural Industries (DLGSC) supports the local government sector in the provision of good governance and compliance by monitoring, promoting and enforcing compliance with the relevant legislation. DLGSC accepts complaints about alleged breaches of and non-compliance with the Local Government Act 1995 and regulations. There are currently 3 main levels of complaints that are specific to council members:

• Behavioural breaches
• Minor breaches
• Serious breaches

Local Government Amendment Bill

The Local Government Amendment Bill 2024 introduces a proposed reformed system for breach complaints, including:

• Clearer definition and terminology of types of breaches.
• Replacing the Standards Panel with adjudicators.
• Improved complaint handling, including avenues to collate relevant evidence and information before decisions are made about a complaint.
• New avenues to proactively resolve breaches without use of penalties where appropriate (e.g. through mediation or assignment of a monitor).
• Stronger penalties and escalating sanctions for severe instances of non-compliance.

The DLGSC fact sheet outlines the new proposed breach system.

Complaint about alleged breach of Division 3 of the Code of Conduct

The City’s Council Members, Committee Members and Candidates Code of Conduct incorporates the model code as required by the Local Government (Model Code of Conduct) Regulations 2021.

Complaints alleging a breach of Division 3 of this Code of Conduct must be submitted for determination by the local government.

Listed below are some useful resources and the required form.

• Council Members, Committee Members and Candidates Code of Conduct
• Council Code of Conduct Division 3 Complaint Handling Policy
• Code of Conduct Division 3 complaint form
• Complaints Register

Minor breach complaint

A minor breach occurs if an council member contravenes a rule of conduct or any local law made under the Local Government Act 1995.

A complaint of a minor breach is made under section 5.107 of the Local Government Act 1995 and must be submitted for determination by the Department of Local Government Standards Panel.

Listed below are some useful resources and the required form.

• The minor breach system
• Making a complaint of a minor breach
• Minor breach complaint form
• Minor breach findings

Serious breach complaint

A serious breach occurs if an elected member commits any offence under a written law, other than a local law made under the Local Government Act 1995, of which it is an element that the offender is a council member or is a person of a description that specifically includes a council member.

A complaint of a serious breach is made under section 5.114 of the Local Government Act 1995 and must be submitted through the Department of Local Government, for determination by the State Administrative Tribunal (SAT).

Listed below are some useful resources and the required form.

• The serious breach system
• Serious breach complaint form

The City’s complaints officer can assist you with any additional information:

Contact       Melody Foster, Manager Governance
Phone          9432 9711
Email           melodyc@fremantle.wa.gov.au