Governance Registers

The Local Government Act 1995 requires elected members and employees to make decisions in the best interests of the community and decision-making must be transparent, accountable and free from bias or conflicts of interest. In view of this, elected members and employees (with delegated authority) must disclose certain personal information when they commence and every subsequent year while either elected or employed at the Shire of Carnamah. These disclosures are called Primary Returns and Annual Returns.

A primary return is a snapshot of personal financial information as it exists upon the relevant person’s start date and must be lodged within three months of the start date.

An annual return retrospectively discloses any changes to the information previously disclosed in the primary return or new interests accumulated for the period since completing the primary return or last annual return and must be lodged no later than 31 August in any year.

In accordance with the Local Government Act 1995 and the Local Government (Administration) Regulations 1996 local governments are required to publish a list of elected members (by name) and employees (by position) that lodged a primary return and annual return for each financial year, commencing after 1 July 2020.

Access the Registers by clicking on the below links:

Register of Lodged and Primary Annual Returns – Elected Members

Register of Lodged and Primary Annual Returns – Employees

 

The complaints register provides details of minor breach complaints which the Local Government Standards Panel finds has occurred and the actions taken. The complaints register is published in the interest of accountability and transparency.

An Elected Member commits a minor breach if he or she contravenes the Local Government Act (Rules of Conduct) Regulations 2007.

In accordance with the Local Government Act 1995, a complaint of a minor breach is submitted to the Local Government Standards Panel for determination.

Access the Register by clicking on the below link:

Register of Complaints of Minor Breach

In accordance with the Act, council members (section 5.87A) and CEOs (section 5.87B) are required to disclose gifts that are received in their capacity as a council member or CEO and:

• are valued over $300; or
• are of a cumulative value that exceeds $300 where the gifts are received from the same donor in a 12-month period.

Additionally, a gift given by two or more related bodies corporate (as defined by section 50 in the Corporations Act 2001 (Cth)) is considered to have been given by a single corporation. All such gifts must be disclosed within ten days of receipt – the CEO makes the disclosure to the mayor or president; council members make the disclosure to the CEO. The CEO must update the gifts register within 10 days and an up-to-date version of the register is required to be published on the local government’s official website.

Form 4 of the Local Government (Administration) Regulations 1996 sets out the information that is to be disclosed:

• a description of the gift
• the name and address of the donor
• the date of receipt
• the estimated value of the gift
• the nature of the relationship between the donor and recipient
• in the case of travel, the date of the travel and a description
• in the case of an excluded gift, the date of the approval and reasons for the approval.

Register of Gifts – Commencing January 2020

 

 

The Local Government Act 1995, as amended, requires local governments to prepare a report for each financial year on training completed by Elected Members which is to be published on its website within 1 month after the end of the financial year.

Access the Register by clicking on the below link:

Register of Elected Member Training

 

 

In accordance with regulation 29C of the Local Government (Administration) Regulations 1996, the type and amount or value of any fees, expenses or allowances paid to each council member during a financial year is to be published on the Shire’s website.

Register of Fees and Allowance paid to Elected Members

 

The Local Government (Functions and General) Regulations 1996 requires a local government to call public tenders when the local government wishes to procure goods and services where the value is, or is expected to be, over $250,000. Local governments are also required to keep a register of all tenders that it has called.

Tender Register

In keeping with legislative requirements, Council makes decisions which direct and/or determine its activities and functions. Such decisions include the approval of works and
services to be undertaken, and the allocation of resources toward works and services. Section 5.44 of the Local Government Act 1995 allows the Chief Executive Officer to delegate, in writing, any of his powers or duties (other than the power to delegate) to another employee. The Act also allows for the Chief Executive Officer to impose conditions on any delegations if he desires.

The Shire’s Delegations Register contains details of all delegations to committees, Chief Executive Officer and employees made under the Act and other relevant legislation.

The register is reviewed annually in accordance with the Act.

 

Disclosure of Interests at Meetings

The Local Government Act 1995 places specific obligations on elected members of council, local government employees and other persons involved in making decisions or giving advice on Council matters to act honestly and responsibly in carrying out their functions. Generally, those obligations include the lodgment of disclosure of interest returns, the lodgment of written declarations and the verbal disclosure of financial interests at council and committee meetings.

There are four types of interests that can be disclosed:

• Financial interest: a financial interest is where it is reasonable to expect that a matter being considered will result in a financial gain, loss, benefit or detriment for the person declaring the interest.

• Indirect financial interest: an indirect interest is where a matter being considered by the local government relates to another person with which the person making the declaration has a financial relationship.

• Proximity interest: a proximity interest in a matter is where the matter being considered involves redevelopment or other changes of use of land that adjoins or has a common boundary or is directly across a thoroughfare to any land belonging to the person making the declaration of interest.
• Impartiality interest: An impartiality interest is where there is an actual or perceived relationship that could adversely affect the impartiality of the person making the decision, and includes family, friends or membership of an association (Local Government (Administration) Regulations 1996 reg 34C).

Access the Register by clicking on the below link:

Register of Financial, Proximity and Impartiality Interests