Delegated Authority Register
Under Section 5.42 of the Local Government Act 1995, Council can delegate to the Chief Executive Officer certain functions and duties to perform. Delegations provide for good governance and are put in place to reduce the need for Council decisions for large volumes of routine work undertaken by the Shire. This ensures that the community is provided with efficient and effective service delivery. The Chief Executive Officer may sub-delegate functions and duties to perform to other employees providing the legislation allows for this. The Shire is required to keep records on the exercise of its delegations and a register of all delegations. The delegation register is required to be reviewed annually by Council.
Under Section 5.18 of the Local Government Act 1995 the Shire is to keep a register of the delegations to committees.
The Shire’s Delegated Authority Register contains details of all delegations to committees, the Chief Executive Officer, elected members and employees made under the Local Government Act 1995 and other relevant information.
In addition, in accordance with Regulation 29 of the Local Government (Administration) Regulations 1996 the Delegations register must include relevant and the register must be published on the local government’s official website.
Related Document:
2023 Delegated Authority Register
Disclosure of Financial Interest Register
Primary and Annual Return Register
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 Derby / West Kimberley. These disclosures are called “primary returns” and “annual returns”.
A primary return is a snapshot of personal financial information as it exists upon the start date of an elected member or an employee. An annual return retrospectively discloses any changes to the information previously disclosed, or any new interest information to disclose since completing their last return.
Section 5.88 of the Act requires the CEO to keep all primary and annual returns lodged in a Register of Financial Interests.
In accordance with the Section 5.96A of the Local Government Act 1995 and Regulation 29C of the Local Government (Administration) Regulations 1996, local governments are required to publish a list of elected members and employees (by position) that lodged a primary return and annual return for each financial year, commencing after 1 July 2020. This information is to be published before 14 September immediately following the end of that financial year.
Related Documents:
2022 - 2023 Primary and Annual Returns Register
2021 - 2022 Primary and Annual Returns Register
2020 - 2021 Primary and Annual Returns Register
2019 - 2020 Primary and Annual Returns Register
2018 - 2019 Primary and Annual Returns Register
2017 - 2018 Primary and Annual Returns Register
Interest Disclosures at Council Meeting Register
The Local Government Act 1995 requires elected members and employees (with delegated authority or duty relating to a matter) to declare any direct financial, indirect financial and proximity interests disclosed at meetings.
Section 5.88 of the Act requires the CEO to keep a record of interest disclosures made at Council Meetings (in accordance with sections 5.65, 5.70, 5.71 and 5.71A) in a Register of Financial Interests.
In accordance with the Section 5.96A of the Local Government Act 1995 and Regulation 29C of the Local Government (Administration) Regulations 1996, local governments are required to publish a register of interests disclosed at meetings. The register is to be in a form as set out in Regulation 28 of the Local Government (Administration) Regulations 1996.
Related Documents:
2023 Interest Disclosures at Council Meeting Register
2022 Interest Disclosures at Council Meeting Register
2021 Interest Disclosures at Council Meeting Register
2020 Interest Disclosures at Council Meeting Register
2019 Interest Disclosures at Council Meeting Register
Electoral Gift Register
Candidates in local government elections must be aware of their legislative obligation in relation to the disclosure of gifts leading up to the local government elections.
Part 5A of the Local Government (Elections) Regulations 1997 requires candidates to disclose information about any electoral related gift with a value of $200 or more that was given or promised during the disclosure period.
All disclosures are to be made on an LG09A Disclosure of Gifts Form and delivered to the Shire of Derby / West Kimberley Chief Executive Officer.
In accordance with the Section 5.96A of the Local Government Act 1995 and Regulation 29 of the Local Government (Administration) Regulations 1996, local governments are required to make information contained in the Electoral Gift Register available for public inspection.
Related Documents:
2023 Electoral Gift Register
2021 Electoral Gift Register
2019 Electoral Gift Register
2017 Electoral Gift Register
Minor Breach Complaints Register
A Councillor commits a minor breach if he or she contravenes the Local Government Act (Rules of Conduct) Regulations 2007 (prior to 3 February 2021) or the Shire of Derby / West Kimberley’s Code of Conduct for Council Members, Committee Members and Candidates (after 3 February 2021).
In accordance with the Local Government Act 1995 a complaint of a minor breach is submitted to the Local Government Standards Panel for determination.
Complaints relating to a council member committing a serious breach of the Local Government Act 1995 are forwarded to the Department of Local Government in accordance with Section 5.114 of the Act.
All complaints submitted are confidential. Details are only released if the Local Government Standards Panel determine a breach and release their findings and decision.
The Minor Breach Complaints Register provides details of breaches related to the Local Government Act (Model of Conduct) Regulations 2021 which the Local Government Standards Panel find has occurred and the actions taken. The Minor Breach Complaints Register is published in the interest of accountability and transparency [s5.121].
Related Documents:
2023 - 2024 Minor Breach Complaints Register
2022 - 2023 Minor Breach Complaints Register
2021 - 2022 Minor Breach Complaints Register
Gift Registers
The gift registers contain those disclosures of gifts that have been made by Elected Members, the Chief Executive Officer and Employees in their official capacity.
Elected Member and Chief Executive Officer Gift and Travel Register
In accordance with Sections 5.87A and 5.87B of the Local Government Act 1995, Elected Members and the Chief Executive Officer are required to disclose gifts which are valued over $300 or are two or more gifts with a cumulative value over $300 (where gifts were received from the same donor in a month period) within the 10 days of receipt.
To protect the privacy of individuals, the version of the Register published on the website does not include the address disclosed by an individual donor and will instead include the town or suburb mentioned in the address, in accordance with Section 5.89A(5A) of the Local Government Act 1995.
The Register is published in accordance with Regulation 29 of the Local Government (Administration) Regulations 1996 and Section 5.89A(5) of the Local Government Act 1995.
Related document:
Elected Member & CEO Gift and Travel Register (effective 19 October 2019)
Employee Gift Register
Employees are required to disclose gifts in accordance with the Shire of Derby / West Kimberley’s Code of Conduct (Employees). In accordance with Clause 3.15.3 the CEO has determined that the threshold amount for prohibited gifts is $5, which means that the employee can only accept modest forms of hospitality or token gifts. Gifts containing alcohol are not permitted at all, irrespective of their value.
The Register is published in accordance with Regulation 29 of the Local Government (Administration) Regulations 1996 and Clause 3.15.8 of the Shire of Derby / West Kimberley’s Code of Conduct (Employees).
Related document:
Employee Gift Register (effective 19 October 2019)
Gifts and Travel Register to 18 October 2019
Prior to the amendments to the Local Government Act 1995 proclaimed on the 18 October 2019, local governments were required to maintain a register of gifts and travel contributions received by the Elected Members, Chief Executive Officer and relevant employees. This register is now redundant but is required to remain publicly available (in accordance with Regulation 29 of the Local Government (Administration) Regulations 1996.
Related document:
Gift and Travel Register (prior to 19 October 2019)
Elected Member Training and Development Register
Council is committed to the professional development of elected members to assist with the fulfilment of their role as an elected member.
Section 5.126 of the Local Government Act 1995 requires each Elected Member to complete training in accordance with Regulations.
Regulation 35 of the Local Government (Administration) Regulations 1996 currently prescribes that the course titled Council Member Essentials must be completed within 12 months of being elected.
The Council Member Essentials course consists of 5 modules as follows:
- Understanding Local Government
- Serving on Council
- Meeting Procedures
- Conflicts of Interest
- Understanding Financial Reports and Budgets
The mandatory training is valid for five years.
Under Regulation 36 of the Local Government (Administration) Regulations 1996 an Elected Member is exempt from the requirements outlined in Section 5.126(1) of the Local Government Act 1995 if:
The Elected Member passed either of the following courses within five years ending immediately before the day on which the Elected Member commences their term of office-
- Council Member Essentials
- 52756WA Diploma of Local Government (Council Member)
- The Elected member passed the course titled LGASS002 Council Member Skill Set before 1 July 2019 and within a period of five years ending immediately before the day on which the Elected Member commences their term of office.
Or
A person is an Elected Member on the day on which the Local Government Regulations Amendment (Induction and Training Regulations 2019 Regulation 8) comes into operation exempt until the end of their term of office.
Training completed by Elected Members each financial year is required to be published on the Shire’s website by the 31 July each year in accordance with Section 5.127 of the Local Government Act 1995.
Council also adopted C2 Elected Member and Employee Training and Professional Development, as required by the Local Government Act 1995, that encourages individual and group professional development.
Related Document(s):
2022 - 2023 Elected Member Training and Development Register
2020 – 2021 Elected Member Training and Development Register
Elected Member Fees, Expenses and Allowances Register
In accordance with Section 5.96A of the Local Government Act 1995 and Regulations 29C(2)(f) and (6) of the Local Government (Administration) Regulations 1996, a report must be prepared annually on any fees, expenses or allowances paid to each council member during a financial year, beginning 1 July 2020.
Related Documents:
2022 - 2023 Elected Member Fees, Expenses and Allowances
2021 – 2022 Elected Member Fees, Expenses and Allowances
2020 – 2021 Elected Member Fees, Expenses and Allowances
Tenders Register
In accordance with Regulations 29(1)(e) the Local Government (Administration) Regulations 1996, the information contained in a tenders register kept under the Local Government (Functions and General) Regulations 1996 is to be made available for public inspection.
In addition, in accordance with Section 17 of the Local Government (Functions and General) Regulations 1996 the tenders register must include relevant information and the register must be published on the local government’s official website.
The Tender Register can be found here.