Scaffidi v Chief Executive Officer, Department of Local Government and Communities

(2017) 52 WAR 368; [2017] WASCA 222

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Statutory Interpretation
2. › Definition of 'gift'
3. › Consideration in money's worth
4. › Whether limited to things with ascertainable open market value
5. › Whether provision of services constitutes consideration
6. › Local Government Act 1995 (WA), s 5.82(4)
1. Local Government
2. › Disclosure of financial interests
3. › Annual returns
4. › Gifts
5. › Whether accommodation provided by organisation requiring council member's attendance is a 'gift'
6. › Whether consideration in money's worth passing from council member to provider
7. › Local Government Act 1995 (WA), s 5.78, s 5.82
1. Local Government
2. › Disclosure of financial interests
3. › Annual returns
4. › Contributions to travel
5. › Exception for contributions made in ordinary course of occupation
6. › Whether 'occupation' limited to income-earning activities
7. › Whether voluntary periodic work constitutes an 'occupation'
8. › Local Government Act 1995 (WA), s 5.83(2)(c)
1. Local Government
2. › Disclosure of financial interests
3. › Annual returns
4. › Financial benefit
5. › Whether entitlement to reimbursement by local government relevant to existence of financial benefit
6. › Local Government Act 1995 (WA), s 5.82

Quick Take

The provision of services (such as attending meetings, preparing for and speaking at conferences) can constitute 'consideration in money's worth' for the purposes of the definition of 'gift' in s 5.82(4) of the Local Government Act 1995 (WA), even where the value of those services cannot be precisely calculated by reference to an open market price. Accommodation provided to a council member by an organisation that requested the member's attendance and participation is not a 'gift' where the member's contribution constitutes fully adequate consideration. An entitlement to reimbursement by the local government is relevant to whether a financial benefit has been conferred. Voluntary work regularly undertaken for an organisation can constitute an 'occupation' for the purposes of the travel contribution exemption in s 5.83(2)(c).