Published Friday, 07 November, 2008 at 02:54 PM
Minister for Main Roads and Local Government
The Honourable Warren Pitt
Checks and balances apply to ministerial dismissal powers
Local Government Minister Warren Pitt has corrected misinterpretations over provisions in the new Local Government Bill relating to ministerial powers of dismissal.
Mr Pitt said two levels of independent review had been built into the new laws, which were introduced into Parliament last week.
“Given the State’s constitutional responsibility for local government, stakeholders expect timely intervention when questionable local government activity occurs,” Mr Pitt said.
“The new laws include a broad range of measures to resolve any difficulties faced by councils or councillors, such as education, prevention, monitoring and enforcement strategies.
“In addition to these measures, the Bill includes powers for punitive sanctions such as dismissal and dissolution.
“However, dismissal and dissolution measures will only be used as a last resort, when other enforcement strategies have been tried and found unsuccessful.
“Under the existing Act, an entire council has to be sacked if there is one ‘bad apple’. If one person is misbehaving or bringing the council into disrepute, the whole council – and the community – has to suffer.
“The new Bill provides the opportunity for action to be taken against individual councillors and reflects the overwhelming view from extensive local government stakeholder consultations.”
Mr Pitt said natural justice principles would apply, such as show-cause processes and the capacity for councillors to defend themselves, and checks and balances had been built into the system to ensure that any decisions on penalties were independent.
“At the bottom end of the scale, a mayor can handle minor breaches by a councillor. Penalties include a warning or ejection from a meeting,” he said.
“More serious breaches will be handled by the new independent regional conduct review panels, which will include local people held in high regard such as people with legal expertise or councillors. They will have the power to impose penalties ranging from warnings through to fines.
“The most serious breaches will be referred to the independent Local Government Remuneration and Discipline Tribunal, which will also be able to impose warnings, counselling or fines, or recommend suspension or dismissal to the Minister.
“Of course, cases of corruption or official misconduct will continue to be referred to the independent Crime and Misconduct Commission, and at all stages, the principles of natural justice will apply.”
Media contact: Minister Pitt’s Office 3227 8819
Mr Pitt said two levels of independent review had been built into the new laws, which were introduced into Parliament last week.
“Given the State’s constitutional responsibility for local government, stakeholders expect timely intervention when questionable local government activity occurs,” Mr Pitt said.
“The new laws include a broad range of measures to resolve any difficulties faced by councils or councillors, such as education, prevention, monitoring and enforcement strategies.
“In addition to these measures, the Bill includes powers for punitive sanctions such as dismissal and dissolution.
“However, dismissal and dissolution measures will only be used as a last resort, when other enforcement strategies have been tried and found unsuccessful.
“Under the existing Act, an entire council has to be sacked if there is one ‘bad apple’. If one person is misbehaving or bringing the council into disrepute, the whole council – and the community – has to suffer.
“The new Bill provides the opportunity for action to be taken against individual councillors and reflects the overwhelming view from extensive local government stakeholder consultations.”
Mr Pitt said natural justice principles would apply, such as show-cause processes and the capacity for councillors to defend themselves, and checks and balances had been built into the system to ensure that any decisions on penalties were independent.
“At the bottom end of the scale, a mayor can handle minor breaches by a councillor. Penalties include a warning or ejection from a meeting,” he said.
“More serious breaches will be handled by the new independent regional conduct review panels, which will include local people held in high regard such as people with legal expertise or councillors. They will have the power to impose penalties ranging from warnings through to fines.
“The most serious breaches will be referred to the independent Local Government Remuneration and Discipline Tribunal, which will also be able to impose warnings, counselling or fines, or recommend suspension or dismissal to the Minister.
“Of course, cases of corruption or official misconduct will continue to be referred to the independent Crime and Misconduct Commission, and at all stages, the principles of natural justice will apply.”
Media contact: Minister Pitt’s Office 3227 8819