1Citation
These regulations may be cited as the Local Government (Administration) Regulations 1996.
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Bill homepageThese regulations may be cited as the Local Government (Administration) Regulations 1996.
These regulations come into operation on 1 July 1996.
In these regulations, unless the contrary intention appears —
code of conduct means a code of conduct prepared or adopted under section 5.103(1);
committee means a committee of a council;
public health emergency means a public health state of emergency declared under the Public Health Act 2016 section 167;
relevant person has the meaning that it has in section 5.59;
Schedule means Schedule to the Act;
section means section of the Act;
state of emergency means a state of emergency declared under the Emergency Management Act 2005 section 56.
A reference in these regulations to a form followed by a designation is a reference to the form so designated set out in Schedule 1 to these regulations.
[Regulation 3 amended: Gazette 23 Apr 1999 p. 1717; 28 Jun 2002 p. 3079; SL 2020/20 r. 4.]
[3AA. Deleted: SL 2022/177 r. 5.]
For the purposes of section 1.7(a), notice of a matter must be published on the local government’s official website for —
the period specified in or under the Act in relation to the notice; or
if no period is specified in relation to the notice — a period of not less than 7 days.
For the purposes of section 1.7(b), each of the following ways of giving notice of a matter is prescribed —
publication in a newspaper circulating generally in the State;
publication in a newspaper circulating generally in the district;
publication in 1 or more newsletters circulating generally in the district;
publication on the official website of the Department or another State agency, as appropriate having regard to the nature of the matter and the persons likely to be affected by it, for —
the period specified in or under the Act in relation to the notice; or
if no period is specified in relation to the notice — a period of not less than 7 days;
circulation by the local government by email, text message or similar electronic means, as appropriate having regard to the nature of the matter and the persons likely to be affected by it;
exhibition on a notice board at the local government offices and each local government library in the district for —
the period specified in or under the Act in relation to the notice; or
if no period is specified in relation to the notice — a period of not less than 7 days;
posting on a social media account administered by the local government for —
the period specified in or under the Act in relation to the notice; or
if no period is specified in relation to the notice — a period of not less than 7 days.
[Regulation 3A inserted: SL 2020/213 r. 15.]
For the purposes of section 1.8, one of the ways in which Statewide public notice of a matter must be given is the way prescribed in regulation 3A(2)(a) or (d).
If Statewide public notice of a matter is required to be given by the Electoral Commissioner —
regulation 3A(2)(e) applies in relation to the Electoral Commissioner as if the reference to circulation by the local government by email, text message or similar electronic means were a reference to circulation by the Electoral Commissioner by email, text message or similar electronic means; and
regulation 3A(2)(g) applies in relation to the Electoral Commissioner as if the reference to posting on a social media account administered by the local government were a reference to posting on a social media account administered by the Electoral Commissioner.
[Regulation 3B inserted: SL 2020/213 r. 15.]
A committee member may resign from membership of the committee by giving the CEO or the committee’s presiding member written notice of the resignation.
For the purposes of section 5.23(4)(g), the following information is prescribed —
the price, or potential price, for the sale or purchase of property by the local government and any information relating to the price or potential price;
a complaint that alleges a behavioural breach under the local government’s adopted code of conduct (as defined in section 8A.2(1)) and any information relating to the complaint;
information relating to a property that is used, or is potentially to be used, for any of the following —
a shelter for homeless persons;
a shelter for persons who have experienced family or domestic violence;
a residence for employees or officers of a local government, the State or the Commonwealth.
[Regulation 4A inserted: SL 2025/208 r. 4.]
For the purposes of section 5.24(1)(b), the meetings at which time is to be allocated for questions to be raised by members of the public and responded to are —
every special meeting of a council;
every meeting of a committee to which the local government has delegated a power or duty.
The minimum time to be allocated for the asking of and responding to questions raised by members of the public at ordinary meetings of councils and meetings referred to in regulation 5 is 15 minutes.
Once all the questions raised by members of the public have been asked and responded to at a meeting referred to in subregulation (1), nothing in these regulations prevents the unused part of the minimum question time period from being used for other matters.
Note for this regulation:
For the requirements for an electronic meeting held under regulation 14D, see regulation 14E(4).
[Regulation 6 amended: SL 2020/20 r. 5.]
Procedures for the asking of and responding to questions raised by members of the public at a meeting referred to in regulation 6(1) are to be determined —
by the person presiding at the meeting; or
in the case where the majority of members of the council or committee present at the meeting disagree with the person presiding, by the majority of those members,
having regard to the requirements of subregulations (2), (3) and (5).
The time allocated to the asking of and responding to questions raised by members of the public at a meeting referred to in regulation 6(1) is to precede the discussion of any matter that requires a decision to be made by the council or the committee, as the case may be.
Each member of the public who wishes to ask a question at a meeting referred to in regulation 6(1) is to be given an equal and fair opportunity to ask the question and receive a response.
Nothing in subregulation (3) requires —
a council to answer a question that does not relate to a matter affecting the local government; or
a council at a special meeting to answer a question that does not relate to the purpose of the meeting; or
a committee to answer a question that does not relate to a function of the committee.
If, during the time allocated for questions to be raised by members of the public and responded to, a question relating to a matter in which a relevant person has an interest, as referred to in section 5.60, is directed to the relevant person, the relevant person is to —
declare that he or she has an interest in the matter; and
allow another person to respond to the question.
Note for this regulation:
For the requirements for an electronic meeting held under regulation 14D, see regulation 14E(4).
[Regulation 7 amended: Gazette 28 Jun 2002 p. 3079; SL 2020/20 r. 6.]
If a quorum has not been established within the 30 minutes after a council or committee meeting is due to begin then the meeting can be adjourned —
in the case of a council, by the mayor or president or if the mayor or president is not present at the meeting, by the deputy mayor or deputy president; or
in the case of a committee, by the presiding member of the committee or if the presiding member is not present at the meeting, by the deputy presiding member; or
if no person referred to in paragraph (a) or (b), as the case requires, is present at the meeting, by a majority of members present; or
if only one member is present, by that member; or
if no member is present or if no member other than the CEO is present, by the CEO or a person authorised by the CEO.
Voting at a council or committee meeting is to be conducted so that no voter’s vote is secret.
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