ISSUE 100 | FEB/MAR 2019

Western Councillor

P06 P26RECOVERY UNDER WAY, BUT GROWTH STILL FRAGILE

SECTOR FORUM TO GUIDE ACT REVIEW

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LOCAL GOVERNMENT PEER SUPPORT TEAM HOTLINE NUMBERS

Candy ChooCEOLG Professionals WATel 9271 1136

The Peer Support Team is an initiative between the WA Local Government Association (WALGA) and Local Government Professionals WA.

The team was formed to provide conciliation, negotiation and mediation support to Local Governments that identifi ed issues of relationship confl ict between Councillors, or between Councillors and senior staff.

The key objective is to assist Local Governments resolve these issues

of confl ict and reduce the need for formal investigations or enquiries.

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LOCAL GOVERNMENT

Peer Support Team

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ALBANY

SUBIACO

PORT HEDLAND

ContentsISSUE 100 | FEB/MAR 2019

02 From The CEO’s Office

02 President’s Report

03 State Of The State – From The Minister

03 From The Shadow Minister

04 Local Government Waste Avoidance Strategies

06 Recovery Under Way, But Growth Still Fragile

07 Road Ribbons Campaign

08 Local Government Performance Monitoring Project

09 Red Tape For A Reason

09 New Course - Dealing With Conflict (For Elected Members)

10 Around The Nation

12 Around the State in Pictures

23 Do You Have Major Capital Works In 2019? Make Sure You’re Protected

24 Local Government In The Spotlight, Councillor Peter Francis Monagle

26 Sector Forum To Guide Act Review

27 WALGA Honours 2019

28 Legal Update

29 Councils Turn Spotlight On LED Streetlights

Welcome to Issue 100 of Western Councillor

COVER:Lancelin Ocean Classic Festival, Shire of Gingin

A/Chief Executive Officer Wayne Scheggia

There was lots of purple on show at the Perth Entertainment and Convention Centre recently. It’s the colour that is internationally used to recognises women and I was attending the UN Women’s Day breakfast, along with hundreds of other people seeking their early morning hit of coffee, breakfast and motivation.

International Women’s Day is celebrated around the world on the 8th of March and is a day to reflect on issues impacting on women historically, into the future and in all walks of life.

UN Women’s global theme for IWD 2019 was ‘Think equal, build smart, innovate for change’, linking with the UN Commission on the Status of Women’s focus on social protection, public services and sustainable infrastructure.

Australia’s IWD 2019 theme was “More Powerful Together”, recognising the important role we all play in society regardless of gender.

The Perth event placed a strong emphasis on recognising that it takes all of us, working in collaboration and across that which sometimes divides us, breaking down stereotypes and gendered roles to create a world where women and girls everywhere have equal rights and opportunities.

To help make this point a couple of exceptional speakers presented on their experiences and highlighted how they had succeeded in fields which historically weren’t traditionally open to women.

PRESIDENT’S REPORT

FROM THE CEO’S OFFICE

Councillor Lynne Craigie

I’m pleased to announce a new CEO for the Association, with Nick Sloan being appointed to the role and due to commence at the start of April.

Mr Sloan has extensive experience working in senior positions in the State government, a strong background in public policy, and wide-ranging experience working with executive government in a number of portfolios in both Chief of Staff and Principal Policy Advisor roles.

He is well-versed and respected in the Local Government sector and has broad experience working in both regional and metropolitan WA, with a strong background in strategic thinking and stakeholder management.

Mr Sloan was previously employed as the Executive Director, Planning and Service Delivery for the Department of Local Government, Sport and Cultural Industries. He was also the Deputy Chairperson of the Local Government Grants Commission.

As CEO, Mr Sloan will head the Association’s Strategic Executive Team and lead the strategic direction of WALGA in continuing to represent its Member Councils.

I am confident the sector will benefit from his extensive networks and experience.

We are looking forward to introducing him to our Member Councils following his commencement.

Our work with the sector and State Government continues as part of the Local Government Act Review, with strong attendance at January’s forum ‘Future of

Local Government’, jointly hosted with the Local Government Professionals WA and the Department of Local Government, Sport and Cultural Industries.

A key focus of the day was the opportunity to consider all kinds of ideas to reimagine the sector, not just amending parts of the existing legislation that may not be working.

Professor Graham Sansom, an expert in Local Government both here and overseas, provided us with some wonderful examples of different ways to achieve ‘community-led governance’ which sparked some additional conversations around the room.

His claim that the most effective approach was to aim for enabling legislation with a ‘menu of opportunities’ for the sector was echoed by many of other speakers.

It has long been our view that Western Australian Councils are diverse: whether it be in their size, their community composition, their regional circumstance or a myriad of other ways. As a result, it is difficult to find a single approach or solution fitting the diversity across the sector.

To see this widespread support for legislation that recognises this diversity and seeks to provide workable frameworks and options without a restrictive regulatory approach is certainly a big step forward in the process.

Our next steps, however, are bigger still – to find out how we can deliver on this aim, what the appropriate principles and level of flexibility might be and seek to find our own, bespoke solution to the governance issue faced by so many of our colleagues around the world. I look forward to working with our new CEO, State Government and Member Councils in discovering what this new future might look like.

Elizabeth Gaines - Chief Executive Officer of Fortescue Metals Group - is a highly experienced business leader with extensive international experience as a Chief Executive Officer and group executive.

Zara Fisher – Vice President of HSE in Iron Ore, Rio Tinto - has worked within the mining industry for over 20 years. In her roles Zara has worked in and supported a range of locations both within Australia and internationally.

There is no doubt that both women are incredibly talented professionals who would be highly successful, regardless of their biology.

However, as I listened to their stories and real-life anecdotes I wondered just how different - how much easier - it might have been for them if their genders were different?

To think that is to acknowledge that gender bias is real and does have an impact on the ability of an organisation to harness the best people for the job, no matter if that job is at the entry level or at the top of the hierarchy. In fact, any bias, whether it be gender, race or some other discriminatory factor, restricts an organisation’s ability to both succeed and excel.

We should all be working to eliminate bias and maximize opportunity in our workforce and our communities in order to be the best that we can be.

PAGE 2

When the brief is to deal with so many public affairs it is understandable any agency would need some guidance on what is the best policy for a particular issue.

Sometimes lessons can be learned from sector colleagues, or wise heads in the industry can pool their knowledge to form a framework that will benefit all.

So it is understandable that Local Governments need some big picture advice on how to provide the best possible service to their ratepayers.

Councils are asked to do a lot for their constituents. And they are the level of government with the most interaction with the public, whether that be maintaining roads, providing building approvals, delivering recycling programs or issuing grants to the creative influences in the community.

More often nowadays, councils, shires and towns are turning to the WA Local Government Association for direction, particular on contentious matters.

Indeed, WALGA, which advocates and negotiates service agreements for the sector, has had to step up its work with local governments because of a lack of genuine support and deficiencies in State Government resources.

Machinery of Government changes following the March 2017 State election relegated

Unfortunately 2019 began with some sad news, with the tragic passing of former Shire President at Williams, John Cowcher. Mr Cowcher had served as a councillor at the Shire since 1993 and served as Deputy President for two years prior to being elected as President in 1999. He was the Shire’s longest serving President and very well regarded and respected in the community. I extend my sincere sympathies to his family, friends and the community of Williams.

It was wonderful to see five leaders from the Local Government sector receive Australia Day honours on 26 January. Congratulations to Cr Lynne Craigie (Shire of Pilbara), Cr Donald Raymond Hammarquist (Shire of Upper Gascoyne), Ms Heather Henderson (former Mayor at the City of Subiaco), Mr Lachlan Murray McTaggart (Shire of Upper Gascoyne), and Cr Peter Francis Monagle (Shire of Harvey). In addition, Cr Francis Roy Burgoyne (Shire of Harvey) received the Australian Fire Service Medal for his distinguished fire service. It really is fantastic to see members of the sector acknowledged for their service to the community.

With Parliament sitting again, I am looking forward to introducing legislation to implement the first phase of the Local Government Act reforms around gifts, universal training for elected members, the introduction of a mandatory code of conduct, CEO recruitment and performance review, and improved access to information.

the Local Government section to a junior partner in a new, expanded Department of Local Government, Sport, and Cultural Industries.

As a result the mega agency doesn’t have the focus, tools or resources to provide sufficient support to the Local Government sector. It is a position that worsened when a legion of experienced staff departed in the McGowan Government’s push for public service redundancies.

I know from regular visits to Councils and discussions with Councillors that many Local Governments have effectively given up asking for support, clarifications and seeking advice from DLGSCI.

Either the requests take far too long to be addressed or, in some cases, aren’t answered at all.

Adding to the dilemma is the Minister’s review of the Local Government Act 1995 dragging on for years, meaning many important issues are unlikely to be considered or handled by the DLGSCI because a change in legislation is in the wind.

When the blowing will stop nobody knows. It is possible a new Local Government Act won’t be in place until midway through 2020, more than three years after the McGowan Government took control of the sector. Unfortunately, Councils and ratepayers can’t wait that long for direction on particular issues.

There has been a lot of singing and dancing from the Minister’s office regarding the changes but in the meantime Councils have had to rely on the advice of WALGA.

The Association rightly continues to develop suggested codes and policies, with Councils tweaking them to suit their operations and, at times, that has created robust debate.

But WALGA’s work has been necessary to help local governments function as best as they can and strive for the level of service expected by the community. Why has the Department and Minister vacated this space?

Submissions for the second phase, which will result in a new Local Government Act, are due on 31 March. If you haven’t had your say yet, please ensure you make a submission before the due date. This is your opportunity to have direct input into the law that will govern your sector.

I do want to hear from as many individuals and organisations in the Local Government sector as possible.

Community drop-in sessions, Local Government staff workshops and Elected Member workshops forums have been held all over the State to seek feedback, in Albany, Broome, Bunbury, Esperance, Gingin, Joondalup, Kalgoorlie, Kununurra, Port Hedland, Newman and many other centres.

On 30 January WALGA, LG Pro and the Department of Local Government, Sports and Cultural Industries hosted a “Future of Local Government Forum”, with expert speakers addressing Local Government from an international perspective, and trends in local government reform across Australia. There was a focus on best practice guidelines and policies, enabling and facilitation of collaboration between differing levels of government and a focus on relationships.

Looking forward to the second half of the year, Local Government elections will be held in October. Once again, this is an opportunity for people who want to get involved in their community to put up their hands for nomination. It is important that we have diversity in our Elected Members to reflect the communities that they represent.

I would like to see more women, people from culturally and linguistically diverse backgrounds, Aboriginal people and young people nominate this year. In order to achieve this diversity however, people need to feel safe and supported throughout the nomination and election process.

This is why it is so imperative that people are respectful in their interactions on social media.

STATE OF THE STATE

FROM THE SHADOW MINISTER

FROM THE MINISTER

Minister David Templeman MLA

Shadow Minister Tony Krsticevic MLA

PAGE 3

Waste avoidance is front and centre of the State Government’s recently released Waste Avoidance and Resource Recovery (WARR) Strategy 2030. The strategy includes targets to reduce the generation of waste by 20%, from 2014/15 levels, and move towards zero littering by 2030. Many Local Governments are already ahead of the game in implementing a range of approaches to reduce waste generation and the impact of littering.

PLASTIC FREE JULY

Plastic Free July first started in 2011, as an initiative of the Western Metropolitan Regional Council (WMRC), encouraging residents to reduce their use of single use plastic for the month of July. The Plastic Free July concept has since gone global and now has three million participants in 177 countries worldwide, with Plastic Free July also being established as a not for profit foundation. Through Local Governments’ initial investment in this program, there has been a significant reduction in single use plastic and the program continues to develop useful resources for Local Government to assist their community and promote the Choose to Refuse message (#choosetorefuse).

BASSENDEAN - COMMUNITIES TAKING

CONTROL PROGRAM

The plastic reduction movement has reached the Town of Bassendean who were successful in partnering with the Boomerang Alliance to implement the Communities Taking Control Program. This program, which has been piloted successfully in NSW, focuses on facilitating a shift away from single-use plastic takeaway items in the community. The first pilot program “Plastic Free Noosa” specifically targeted six single use plastic items often found in litter – straws, coffee cups and lids, plastic food ware, containers, water bottles and thicker plastic bags. This achieved wide scale change through engaging directly with local businesses, events, market event organisers and suppliers.

Waste Authority funding, through the Waste Avoidance and Resource Recovery Account, has allowed ‘Plastic Free Bassendean’ to employ a Coordinator to work with local businesses to make the switch away from single use plastics.

Town of Bassendean Mayor Renee McLennan said the Town is firmly committed to going plastic free. “We have a number of initiatives already underway across the Council area, but the opportunity to support Boomerang Alliance to create ‘Plastic-Free Bassendean’ will help us turn our vision into reality,” Mayor McLennan said.

ESPERANCE – WASTE REVOLUTION

EVENTS APPROACH

The Shire of Esperance’s 2018 Edge of the Bay event promoted a ‘waste revolution’ message, including event information being displayed on a chalk board rather than printing out flyers, with staff encouraging people to screenshot event information on their phone. Staff and volunteers used iPads for event information, reducing the need to use printouts on site. In addition, staff and volunteers used reusable coffee cups and encouraged visitors to make a pledge to avoid single use plastics. After disposing of their single use bottle in the recycling bin, individuals signed their pledge on the bin and received a free reusable bottle.

Esperance Shire President Victoria Brown said the Shire is keen to be a leader in waste minimisation for the Esperance community and supports ways to reduce single use plastic.

“The Shire has been involved in many recycling programs for many years from e-waste to coffee pods and the initiatives used at the Edge of the Bay event were some new ideas to help us on our journey to make choices to reduce waste,” Cr Brown said. “It is a credit to the community for utilising the recycling programs we have available and for being excited to be involved in the all the different waste reducing ideas we had at Edge of the Bay.”

BUSSELTON – EDUCATION FOCUS

The City of Busselton’s Waste and Recycling Education Unit is vital to ensuring that the community is progressing toward our resource recovery and waste reduction targets. The Unit and in particular, the City’s Recycling Education Officer, works hard to educate the public and implement projects and initiatives that effectively change behaviour and divert valuable resources from our landfill and environment.

The City participates in the annual Garage Sale Trail event in October each year, which encourages people to recycle and reuse items instead of sending them to landfill. So popular

WARR ON WASTE LOCAL GOVERNMENT WASTE AVOIDANCE STRATEGIES

PAGE 4

is this event the City has decided to hold a similar event in summer. City of Busselton Mayor Grant Henley said “These community events provide a great opportunity for people to de clutter their homes and sheds and make some spare cash. For buyers it’s an opportunity to uncover some real treasures and support the recycle, reuse ethos.”

Successful campaigns run by the City include:

• The promotion of reducing the use of single use plastics via social media;

• Cooking workshops - promoting innovative ways of reducing food waste;

• Movie screenings highlighting waste topics;

• Subsidised composting kits; and

• Free tip days (with temporary re-use shops and officers on hand to provide information and recycling tips).

“The Free Tip days, coupled with a free sausage sizzle, has proven very popular. This event provides a great opportunity to promote waste reduction, responsible disposal of waste and for the City to show off its state-of-the art facilities that we’re exceptionally proud of.” Mayor Henley advised.

Recycling education visits are made to schools and community groups on a regular basis. The City’s Recycling Education Officer also provides free, personalised waste audits and assessments to small business and importantly, the City has a plethora of information about recycling available on line, which can be provided in hard copy where necessary.

JOONDALUP – WASTE INNOVATION

The City of Joondalup’s Fish Cleaning and Waste Management station in Ocean Reef was Highly Commended in the Waste Authority’s Infinity Award 2018, in the ‘Waste Innovation of the Year’ category.

Joondalup Mayor Albert Jacob said the City identified the need for a cleaning station to prevent organic waste from gutting fish, being dumped into general waste bins or directly into the ocean.

“The Ocean Reef Fish Cleaning Station has been welcomed by local anglers and the wider community who appreciate being able to safely and hygienically clean up and ensure our waterways and marina aren’t polluted by organic waste,” he said.

“Fishing and boating are extremely popular recreational activities along the 17 kms of coastline in the City of Joondalup and the station has been well received and used.

“It’s cleaned regularly, offers shade, seating, motion-sensor lights for night time anglers and pram-friendly pathways, which also makes it easier for people with disabilities to fish.

“The fish waste is used to make fertiliser, so the City is making the most of what’s disposed of while protecting our precious marine environment.”

The project was jointly funded by the City of Joondalup and the Department of Transport, under the Recreational Boating Facilities Scheme.

SEABIN PROVIDES INNOVATION IN SEA WASTE COLLECTION

The best option is to avoid the generation of waste in the first place, but unfortunately sometimes waste does enter the environment. The City of Cockburn, to reduce pollution in the Port Coogee Marina, has installed the first Seabin in WA. The Seabin collects waste that ends up in the Marina, including microplastics. The Seabin is attached to a floating jetty and moves up and down within the tidal range collecting all floating rubbish.

Waste Education Officer Nicki Ledger said the unit, which also had the potential to collect a percentage of oils and pollutants floating on the water’s surface, was part of an ongoing litter education campaign at the marina. “Installing the unit is part of a trial to gauge its success, but it is not the solution. People are the solution – bin your rubbish don’t just throw it away and hope for the best or expect others to clean up after you.”

She said the unit would be checked daily and emptied regularly by marina staff, with as much of its contents as possible recycled.

The Seabin was developed by avid Australian surfers, Andrew Turton and Pete Ceglinski, who decided to quit their jobs to create a “seabin” that would collect rubbish, oil, fuel and detergents.

Port Coogee Marina has been awarded the Marina Industries Association’s International Clean Marina Accreditation Level 3 for its efforts in the Clean Marina program and is excited to have the Seabin installed to work toward cleaner waterways and maintaining their Clean Marina status.

PAGE 5

Looking forward, the WA economy is expected to continue its recovery in the year ahead – albeit at a modest pace. Treasury’s latest estimates contained in the Mid Year Review show that the WA economy is now expected to grow by 3% in 2018-19, and 3.5% in 2019-20 on the back of continued strong growth in exports, and a gradual recovery in the domestic economy.

A bright spot for the economy in coming years will be the mining sector, which is showing signs of life once again with a number of new projects recently approved and moving into the construction phase in the year ahead. This will see business investment return to growth from 2019-20 onwards. Work has already commenced on BHP’s $4.7 billion South Flank mine, while Fortescue’s $1.7 billion Eliwana mine and Rio Tinto’s $2.2 billion Koodaideri mine will be under construction during 2019. As well as the new construction activity, the mining sector will also be supported in coming years by maintenance on existing mines. Although conditions in the mining sector are improving, we can’t expect to see a return to the mining boom conditions that were experienced between 2006 and 2012. It will therefore be important that there remains a focus on building on the State’s strengths to identify new drivers of long term sustainable economic growth.

The downturn in the housing market is also finally expected to bottom out in the year ahead, although we can’t expect to see a return to a booming market any time soon. REIWA expect sales activity in 2019 to remain similar to the past year, though there is a possibility that rising consumer confidence levels, coupled with improved housing affordability, could translate into increased sales volumes in 2019.1

The improved economic conditions will also come as welcome news to the State Government, which will receive a boost to the budget bottom line as the economy starts to improve. In fact, the latest figures released in the Mid-Year Financial Projections Statement in late December 2018 revealed that the budget will return to surplus a year ahead of schedule. An operating surplus of $1 billion is now expected for 2019-20, primarily on the back of the GST revenue windfall and higher iron ore royalties. The GST windfall will account for around 80% of the improvement in the budget position across the forward estimate period.

For Local Governments, it is important to note that the State Government remains committed to the task of budget repair, particularly debt reduction and expenditure constraint, and so it is not likely that the pick-up in revenue will translate into spending on new programs and initiatives.

After falling into recession for the first time in 26 years in 2016-17, the WA economy has emerged from its slump during 2018 to end the year on a more positive note.

The latest State Accounts figures that were released in

November show that WA has returned to growth, with gross

state product expanding by 1.9% during 2017-18. The

pick-up in activity was largely driven by the external sector,

as the additional capacity that has come on stream after

years of investment in major mining projects has started to

pay off in terms of higher exports.

While the return to the positive is certainly welcome news, it

is important to recognise that the State’s economic recovery

is still fragile. Although our economy is once again expanding,

growth rates are still subdued and remain well below the long

term average of 4.3%.

The delicate nature of growth reflects the ongoing weakness

in the domestic economy as the impact of the mining

investment downturn continues to be felt. This is best

reflected in business investment which finally arrested its

four years of decline during 2017-18, but increased by only

0.1% during the year. However, this is due to the timing of

the arrival of a number of offshore LNG platforms, which has

taken longer and cost more than anticipated. As a result, the

boost this has provided to business investment is expected

to be only temporary.

The housing market also continues to struggle despite the

official cash rate remaining at a record low 1.5%, due to

weak growth in wages and more modest population growth.

Dwelling investment fell in 2017-18 by 2.85%, following a 24%

fall in the previous year. Household spending also remains

contained, growing by just 1.7%. Spending remains focussed

on essential items such as food (up 3.2%), health (up 3.8%)

and education (up 3%).

Labour market conditions have improved, but remain patchy.

The State’s unemployment rate has dropped to 5.7% in

October 2018 from its most recent peak of 6.8% in March

2018. Employment growth has also started to pick up, with

a net 26,700 new positions created over the last year – and

in a positive sign, all of these were full time roles. However,

underemployment remains an issue, with some 153,000

Western Australians seeking more hours in the September

quarter of 2018 – the highest level on record and more

than double the long term average of 60,000.

ECONOMIC UPDATE RECOVERY UNDER WAY, BUT GROWTH STILL FRAGILEDana Mason, Policy Manager, Economics

1 https://www.smartpropertyinvestment.com.au/research/18889-boom- to-bust-market-set-for-2019-recovery

PAGE 6

While net debt is now expected to peak at $37.9 billion in

June 2020 (down from $41 billion estimated previously),

this remains at a record high level. Debt at this level is costing

the state over $900 million per year in interest payments.

The Government has recognised that reducing debt to

more manageable levels is an important objective, and has

committed that the first three years of the GST top up funding

will be directed into the State’s Debt Reduction Account.

This move is anticipated to save the state $200 million

over the next three years from levels forecast at the time of

the Budget.

While the outlook for WA in 2019 is more positive, there

are some risks on the horizon that may see growth

come in weaker than expected.

The most significant risk for WA is that the Chinese

economy will slow more than expected. This is because

China accounts for more than half of the State’s merchandise

exports and is the State’s most important trading partner.

After recording a decade low growth rate of 6.5% during the

September quarter, the latest data for November showed that

the Chinese economy has slowed even further – suggesting

that growth figures for the final quarter of the year will be even

lower. The slowdown was driven by the weakest retail sales

in 15 years. Adding to concerns about the slowing Chinese

economy is the impact of the trade war with the United

States. The World Bank is now predicting that the trade

tensions will mean that the Chinese economy will grow by

just 6.2% in 2019.

On balance however, Treasury notes that the direct impact

on WA from the trade war will be small, given that most of

the State’s exports to China are consumed in the domestic

economy (in particular, iron ore being used to produce

steel) rather than being re-exported. However, WA will feel

the impact if the trade war spills over into a more significant

disruption in China’s economy.

The continued improvement in the economy is likely to

bring some good news for Local Governments in terms

of relief from the pressures that the downturn created,

such as late payments and lower revenues from fees

and charges, however it will also bring with it a return

to higher prices.

However, the fragile nature of the recovery means that

the sector should take a prudent approach to factoring

any improvements in the economy into their upcoming

budget preparations.

In support of the Local Governments, RoadWise committees, community groups and individuals participating in the 2018 Road Ribbon for Road Safety® campaign, WALGA State Council reinforced their commitment to road safety by taking time out during the December meeting to don a road ribbon and reflect on the road safety achievements implemented during the year.The Road Ribbon for Road Safety® campaign is a community-based initiative which enables everyone to directly contribute to road safety and work towards achieving zero deaths and serious injuries on our roads. It also provides an opportunity for those involved to promote road safety initiatives being implemented to create a safe system.

By creating a safe system, we can start to prevent death and serious injury on our roads. Through the Road Ribbon for Road Safety® campaign, everyone is provided with the opportunity to contribute in some way. Many hold events and displays promoting the campaign, its messages and what is being done at a local level to contribute to road safety.

During the 2018 campaign, more than 30,000 road ribbons were distributed through 220+ activities, reaching an estimated 1.15 million people. A complete campaign report will be published to the RoadWise website.

Thank you to everyone who got involved. With the support of WALGA State Council, as well as the Local Government and community road safety network, we can all continue to work together to prevent road trauma.

For more information visit the RoadWise website; www.roadwise.asn.au.

WALGA State Council supporting the 2018 Road Ribbon for Road Safety® campaign.

RIBBONS FOR SAFETY

ROAD RIBBONS CAMPAIGN

PAGE 7

The overwhelming majority of development applications across Perth are being dealt with in a timely manner, as reported in the latest Local Government Performance Monitoring Project.The Project outlines the performance of the planning and building functions of Local Governments and this year has expanded to include 19 metropolitan Local Governments encompassing over 90 per centre of Greater Perth Region’s total population.

Data drawn from participating Local Governments over the 2017/18 financial year showed 98% of all applications were approved or responded to within the statutory time frames.

WALGA President Cr Lynne Craigie said the results showed Local Governments’ excellent performance across all planning and building functions.

“This data represents almost all of the population of Perth and is a testament to the sector’s competence in carrying out their responsibilities in timely manner,” Cr Craigie said.

“On average 97% of applications were approved under delegated authority, allowing Council officers to assess and approve applications, rather than being considered at a full Council meeting,” Cr Craigie said.

“This process of delegation results in faster decision-making times without compromising the outcome.”

The Project was first initiated in response to a 2016 Property Council report which failed to accurately represent all the planning and building functions a Local Government could undertake.

“As the project grows, Local Governments will be able to measure current performance and compare against previous years to encourage a continued improvement process across their planning and building functions,” Cr Craigie said.

“The sector is committed to working with the State to progress a more transparent review of the entire planning process, which would allow our Members the opportunity to provide greater input and feedback into any findings and methods of assessment.

“We would like to see the data sets from this project included in any regulations that might be prepared by the State for all Local Governments.”

LOCAL GOVERNMENT PERFORMANCE MONITORING PROJECT

2017/18 PROJECT PARTICIPATING LOCAL GOVERNMENTS

• City of Armadale • City of Gosnells • Shire of Mundaring • City of Swan

• City of Bayswater • City of Joondalup • City of Rockingham • Town of Victoria Park

• City of Belmont • City of Kwinana • City of South Perth • City of Vincent

• City of Canning • City of Mandurah • City of Stirling • City of Wanneroo

• City of Cockburn • City of Melville • City of Subiaco

ALL IN GOOD TIME

KEY STATISTICS

• 98% of all applications were approved or responded to within the statutory time frames (applications includes all planning development applications, subdivision referrals and clearances, building strata clearances (Form 26s) and building permits). No change from the 2016/17 report.

• On average 97% of applications were approved under delegated authority, allowing Council officers to assess and approve the application rather than being considered at a full Council meeting. This is a 1% increase from the 2016/17 report.

• 99% of all Building Applications were approved within the statutory time frames.

• Seven Local Governments have a current Local Planning Strategy with nine currently reviewing their strategies.

• Although a current Local Planning Strategy may not have been adopted, on average the group had seven Strategic documents that supported land use planning functions, either a Strategic Community Plan, Community infrastructure, Commercial, Housing, Environment, Economic, Transport, Activity Centre, Heritage or Open Space Strategy.

• Fourteen of the Local Governments had reviewed, consolidated or undertaken an audit of their Local Planning Scheme in the last five years.

• In 2017/18 the Local Governments finalised an average of five scheme amendments, taking an average of 20 months to complete.

• On average, 40% of an amendment time is with the WA Planning Commission, Minister for Planning or the Environmental Protection Authority, resulting in an average time that a Local Government has any control over the Scheme amendment process around 60%.

All Local Governments are encouraged to participate in the project for the next financial year, in particular those from the inner metropolitan region and larger regional areas. For further information on participating, please contact WALGA Policy Manager, Planning and Improvement Vanessa Jackson.

PAGE 8

Many people might associate Local Government building and planning departments with red tape, bureaucracy and paper pushing.

And no one likes red tape (or bureaucracy and paper pushing!). Red tape can make simple tasks seem difficult. But every piece of red tape is usually put in place for good reason. Something unwelcome happened at one point, so red tape was created to stop that from happening again.

Red tape in building and planning is not new. In the 7th century BC, a law was passed to place railings around rooftops because too many injuries and deaths were occurring from people falling off their roofs.

Google ‘Red Tape reduction’ and ‘Local Government’ and you’ll get 14 million results from around the world, covering a multitude of issues, opinions and solutions to fix ‘red tape’. The challenge in reducing red tape is distinguishing the no-longer necessary red tape from the necessary, to ensure that there are adequate safeguards in place to protect our communities and families.

Over the years, many comments have been made that less red tape will mean a quicker and cheaper build. But if the safeguards and standards set out by red tape haven’t been met, who pays to fix the problem?

When deciding to build your house, the ‘red tape’ is a process intended to protect your safety, health and welfare in and around buildings. These controls are also designed to conserve energy, improve water usage and reduce building waste. Your home is often your biggest investment and you have every right to expect that your home is safe and free from defects, and designed for the WA environment.

The NSW housing market is currently experiencing major problems in apartment buildings, with exploding balcony glass, flammable cladding, non-compliant fire systems, and water damage and leaks. Recent reports have slammed the NSW building system as having too many loopholes, while confidence in their building industry is poor, and more layers of red tape are being created to fix their broken system.

In WA, some Industry groups have been strongly advocating to introduce the NSW building regulation system. Our WA system may not be perfect but we are not experiencing the massive failings occurring on the east coast, which are putting people in danger.

It seems the push for the NSW model is based on perceived time delays occurring within the current system. And yet data from the Performance Monitoring Project shows no significant delays in the process under the current system in the Greater Perth Region. Over 90% of the region’s population has been captured in this second year of the project, with 98% of all development applications being processed within the statutory time frames.

There will, of course, always be outliers and exceptional cases in which the timeframe for approvals might extend. These developments are more often than not larger, or unique in nature. And it is the red tape of the current process that will ensure they are subject to the very same controls as all others that ensure minimum standards and protect our safety, health and welfare.

RED TAPE FOR A REASONJoanne Burges, Executive Manager, People and Place

WALGA’s ‘Dealing with Conflict’ has been developed to provide Elected Members with the skills to manage conflict within the Council and between the Local Government and the community and the wider community.

This course will enable Elected Members to identify common communication roadblocks, the source of conflicts within Council and develop techniques for resolving conflict situations after the Council Meeting.

Topics will include:

• Identifying situations of potential conflict

• Implementing strategies to resolve conflict

• Dealing with conflict as required by the Local Government Act 1995

• Communicating effectively

• Identifying ways to avoid conflict, and

• Understanding when assistance is required to resolve a conflict.

Course dates are available from the WALGA Training website at walga.asn.au/Training

TRAINING UPDATE

NEW COURSE – DEALING WITH CONFLICT (FOR ELECTED MEMBERS)

PAGE 9

Around the NationNews from State Associations across the country

NSWALGAResidents Invited to Have Their Say on Household Recycling in NSW

Residents across NSW are being asked to take part in a landmark recycling survey amid the deepening recycling crisis.

The survey has been launched as part of Local Government NSW’s Save our Recycling campaign which calls for a state-wide approach to recycling which will allow us to collect, process and reuse recyclable material here in NSW.

LGNSW President Linda Scott said the survey was a pertinent opportunity for local residents to share their attitudes towards recycling and play an active role in combating the current recycling crisis enveloping NSW.

“Until recently, our recycling system relied heavily on the export of recycling to countries that have invested in the facilities to reprocess it, such as China and Malaysia,” Cr Scott said.

“These countries are now winding back the amount of recycling they will accept which means we urgently need to come up with a new solution for waste management here in NSW.”

Survey participants will be asked a series of questions on their attitudes towards recycling, their individual recycling behaviours and their knowledge of NSW’s current recycling system.

“Across NSW we have already observed huge public support for recycling because it is a practical measure that helps the environment,” Cr Scott said.

“All over the State, local residents are doing their part to recycle, whether it be checking what goes into their recycling bins, kick-starting a composting regime or being resourceful and reusing some household items.

“This survey will allow us to gain deeper insights into what motivates people to recycle and will enhance our calls on the state government to come up with a practical, long-term solution to waste management”.

In addition to behavioural and attitudinal questions, the survey also asks participants a series of questions on the NSW Government’s waste levy.

The announcement by the Federal Government to force Councils to hold citizenship ceremonies on Australia Day as a response to the debate to change the date of this national holiday is heavy-handed and odd, according to the Australian Local Government Association (ALGA), the peak body representing Local Government and Councils Australia-wide.

ALGA President, Mayor David O’Loughlin, said that most Councils likely won’t be opposed to the Federal Government’s proposed changes to the Australian Citizenship Ceremonies Code but Councils will have valid concerns, not excuses, that will need to be addressed.

“The privilege of Australian citizenship is highly respected by the Australian community and Councils value their role in holding citizenship ceremonies and being a part of this important commitment,” Mayor O’Loughlin said.

“However, most Councils hold more than one citizenship ceremony a year, some as often as monthly. The Federal Government’s strong focus on drawing a link between Australia Day and citizenship ceremonies is bizarre.

“If the Federal Government had bothered to consult with us in the development of this policy, they would have heard that in some locations, it’s simply too hot for Councils to hold ceremonies during the day, so they do it the evening before, just as the Federal Government does with its Australian of the Year Ceremony.

“Other Councils combine their citizenship ceremonies with their local Australia Day Citizen of the Year Awards which are often held in the week before Australia Day, just as many of the State and Territory Governor’s do with their Australia Day Awards ceremonies.

“It would make more sense for the Federal Government to insist on Local, State and their own level of government holding events to celebrate Australia Day Honours and Citizens of the Year on Australia Day, rather than only insisting on local Councils holding a citizenship ceremony on the 26th of January, especially given Citizenship Day is the 17th of September, months after Australia Day.

“We do acknowledge that a small number of Councils are in discussions with their communities about whether the 26th of January is the appropriate day to celebrate Australia Day.

“However, Councils cannot move Australia Day - this is ultimately up to the Federal Government – but it is our job to be responsive to our communities, including to their calls for prudence and advocacy.”

ALGA has responded to the Federal Government’s strong commitment to change the Australian Citizenship Ceremonies Code with calls for it to show an equally strong commitment to assist Councils with issues – such as cost – that may come with holding the ceremonies on Australia Day.

“There are significant additional event and staff costs associated with holding citizenship ceremonies on a public holiday, which is why some councils sensibly choose to hold it on a weekday instead,” Mayor O’Loughlin said.

“Interestingly, the Federal Government has made no mention of any financial contribution towards the additional costs involved in running these ceremonies - ceremonies conducted on behalf of the Federal Government - instead opting to continue a pattern of cost-shifting to Councils.

“There is very real pressure on Council budgets nationally and the Federal Government must put their money where their mouth is if they are serious about their proposal.

“The Federal Government must lift its core funding to Local Government, Financial Assistance Grants (FAGs), back to 1% of Commonwealth Taxation Revenue (CTR) – levels last seen in 1996.

“This funding has been in steady decline for the past 20 years and, unless the Federal Government does something to fix it, today’s announcement will be seen as just another cost-shifting tactic.

“Our local and diverse communities matter, and so do their pools, beaches, libraries, sporting grounds, parks and the safety of their local roads. Therefore the 1% funding to Local Governments and local communities should be of far more importance to the Federal Government.”

Further information about ALGA’s call to restore Financial Assistance Grants to 1% of CTR is available on www.allpoliticsislocal.com.au

PAGE 10

The NSW Government collected $727 million in 2017-18 from industry, businesses and Local Government through the Waste Levy, with $300 million of that paid by Councils.

“Currently, only about 18 per cent of the $300 million paid by Councils to the state government is reinvested into local recycling and waste management, with the rest disappearing into government coffers,” Cr Scott said.

“This survey is a really important opportunity for local residents to have their say on recycling and to help shape the future of recycling in NSW.”

Councils Donate to Help Flood Victims

Local Councils have called on Queenslanders to show their support for communities affected by floods in north Queensland by donating money to charities helping people recover from the disaster.

The Local Government Association of Queensland donated a total of $20,000 to the four organisations partnering to assist in the disaster - The Australian Red Cross Society, UnitingCare, Salvation Army and St Vincent de Paul Society Queensland.

LGAQ President and Sunshine Coast Mayor Mark Jamieson said the full extent of the damage from the flood crisis was still emerging.

“But it’s clear that communities in north Queensland will need an enormous amount of assistance to recover,” he said.

“Queenslanders naturally give each other a helping hand in times like these and their generosity in the wake of these floods will go a long way to ensuring the people hit by this disaster can get their lives back on track as soon as possible.”

“Let’s dig deep to help our fellow Queenslanders doing it tough in the north.”

QLD

Driving Down Rates –A Shared Responsibility

South Australian Mayors will share their ideas for local government reform at a round table convened by the Premier at Adelaide Town Hall at a meeting on February 20.

LGA President Mayor Sam Telfer said that Councils want to work collaboratively with the State Government on sensible changes that will drive downward pressure on rates.

“Local Government collects less than 4% of national taxation, which means that any external cost pressures are acutely felt by Councils and their ratepayers,” Mayor Telfer said.

“The Solid Waste Levy is costing Councils $34 million a year, and councils currently provide rate rebates worth more than $33 million per year.”

“In many cases, the fees Councils are legislatively permitted to charge for functions such as planning assessments, building inspections and food inspections only meet 20-30% of the cost of providing these services, which means they are being heavily subsidised by ratepayers.”

“We want a review of statutory fees and charges based on the actual cost of providing these services.”

“South Australian Councils raise the lowest average revenue per capita in Australia, and also typically receive the lowest State Government grants per capita.”

“The LGA has previously partnered with the Government on effective funding programs covering community infrastructure, regional traineeships, and Community Wastewater Management, but we could do much more working together in areas such as energy, storm water management, environmental and coastal management, smart cities, and public health.”

SAMayor Telfer said the sector has also identified a number of potential reform areas where it can improve its performance, with the support of the State Government and Parliament. “These include strengthening the Code of Conduct for elected members, implementing a sophisticated online benchmarking system, developing a program of consistent and regular service reviews, diversifying local government revenue, and improving audits and audit committees,” Mayor Telfer said.

“These reforms would further increase transparency in the sector, and support councils to deliver even better value to their communities.”

PAGE 11

FEBRUARY/MARCH AROUND THE STATE IN PICTURESThe following pictures celebrate the achievements of Local Government in Western Australia. Any WA Local Government that has held an event or function and wants to have it featured in Western Councillor is encouraged to contact Brenda Law-Yat at the WA Local Government Association via email: blawyat@walga.asn.au

AUGUSTA MARGARET RIVEROn Wednesday, 5 December 2018, the Shire of Augusta Margaret River hosted a sundowner for local volunteers and their families as a means to acknowledge their efforts throughout the year. Volunteers enjoyed donated food and local beverages while listening to acoustic music performed by a local artist. The event publicly celebrated those individuals in our community who donate their time to make our community stronger. The Shire President, Pam Townshend and Acting Chief Executive Officer, Dale Putland shared their deep appreciation and wonder at the number of individuals in our community who give up their valuable time to contribute to community organisations and causes.

Pictured: Volunteers from State Emergency Service Western Australia (including Youth Volunteer of the Year Nominee Taj Thomas), Augusta Community Radio – 2oceansFM and Bush Fire Service WA with Deputy Shire President Cr Julia Meldrum.

ALBANYThe City’s annual Australia Day and Middleton Beach Festival was a hit in 2019, with seven days of school holiday fun.

A feature of the festival was an Aussie Maze! With free entry, a quiz and the chance to win a prize, over 6000 community members went through the attraction.

The City is committed to activating public spaces for all members of the community to enjoy, with thanks to event sponsor partners Act-Belong-Commit, Healthway, Lotterywest, Rio Tinto and Southern Ports.

ASHBURTONThe first tenants have moved into Paraburdoo’s newly constructed Community Hub which includes a multipurpose sports hall, new oval, new pool amenities and a purpose built gymnasium. As part of the project a number of existing facilities were also renovated to improve their functionality. Made possible through a partnership with the Shire, Rio Tinto and the State Government, the Hub is a welcomed addition to Paraburdoo and will greatly enrich the community.

PAGE 12

BAYSWATERThe City of Bayswater has recently been recognised as a leader in water catchment management after receiving a top score in the Annual Nutrient Survey for Local Government Authorities. The score-card rates Councils in a range of categories including fertiliser applications, nutrient management, water quality monitoring and development control; all with the ultimate goal of improving the health of the Swan and Canning Rivers.

BASSENDEANIn collaboration with the Department of Biodiversity, Conservation and Attractions, the Swan Canning Riverpark, Wildcare and Rec West, and local community member, Graeme King, the Town of Bassendean has installed signage at its popular fishing spots on the Swan River to provide important information to the community on what to do in the event that they see wildlife entangled in fishing tackle.

The signs are aimed at preserving wildlife and encouraging fishermen to dispose of their fishing tackle into the nearest bin.

Pictured: At Point Reserve are Mr Graeme King, Councillor Melissa Mykytiuk and Mayor Renée McLennan.

BELMONTFederal Minister for Health Greg Hunt MP visited the City of Belmont in February to view progress of the City’s new Community Centre first-hand. The Community Centre represents a major investment on the part of the City of Belmont to facilitate the delivery of community services which is being generously supported with a $9,675,081 Federal Government grant and through the State Government, a Lotterywest grant of $3,837,557. The City’s builder PACT Construction is making good progress on the building with construction of the ground floor slab well advanced, and work has begun on forming the columns for the first floor.

Pictured: City of Belmont Mayor Cr Phil Marks, Greg Hunt MP, Federal Member for Swan Steve Irons, and City of Belmont Chief Executive Officer John Christie.

BUSSELTONOn Saturday, 19 January, the City of Busselton community celebrated the unveiling of the 5th Statue in the Settlement Art Project that of Gaywal, the Aboriginal Warrior. The commissioning and installation of this magnificent statue (created by sculptor Greg James) is an important step toward reconciliation and the development of a meaningful Reconciliation Action Plan. Thanks go to representatives of the local Aboriginal community for their support and valued input.

PAGE 13

CHITTERINGThe Hon Christian Porter, Federal Member for Pearce, officially launched the Muchea Industrial Park Investment Prospectus on Friday, 8 February at Nesci Estate Winery in Lower Chittering. The Muchea Industrial Park has been identified as one of the largest Greenfield industrial sites in Western Australia comprising of 1167 hectares of land. The prospectus was developed by the Shire of Chittering with funding from the Australian Government’s Building Better Regions Fund.

CARNARVONOn Wednesday, 9 January, many travelled to Carnarvon from around the Country to commemorate 100 years since the Lock Hospitals on Bernier and Dorre Islands were closed. During the commemoration, a Releasing of Spirits ceremony was performed by Yingarrda Elders to release the spirits of those who were forcefully taken and died on the islands while incarcerated. The day marked an important milestone of acknowledgement, understanding and healing for those affected.

CLAREMONTDrawing on the European inspiration of the streetscape, Thursday, 6 December saw Town of Claremont’s Bay View Terrace transform into Buon Natale, an Italian themed Christmas street festival and night market.

The charming activation was aligned with late night trade and attracted residents and visitors into the shopping precinct to browse local wares, partake in Italian food and beverage options, start their festive season shopping and plan return shopping visitation.

COCKBURNCockburn’s first purpose-built hockey facility will open mid-2019 with an elite synthetic turf playing surface lit by 300 lux LED flood lighting, only the third in Australia to boast the superior energy-saving lighting technology.

Grass practice fields will also be lit by 300 lux LED lighting, enabling expansion of Fremantle Hockey Club across two blocks of land provided by the City and the Department of Education in South Lake.

The project utilises a $1.25 million State Government Community Sporting and Recreation Facilities Fund grant, $500,000 from Fremantle Hockey Club and $4.78 million from the City.

PAGE 14

ESPERANCEThe Esperance foreshore was bustling with action in December with all the Edge of the Bay festivities. Crowds were wowed with live music, a skate competition, markets, a fire spectacular and much more! There was also a waste wise message with reusable bottle give-aways, water refill stations, chalkboards instead of brochures and event staff had tablets and reusable cups.

EAST PILBARAThe Shire of East Pilbara’s Martumili Artists celebrated another great year with their annual Christmas sale at the East Pilbara Arts Centre.

Attending the Martumili Artists Christmas sale are Member for the Pilbara Kevin Michel MLA, Hon Alannah MacTiernan MLC, Martu Artists Nancy Karnu Taylor and Wokka Taylor, Shire of East Pilbara President Cr Lynne Craigie and Tom Miller, BHP’s Manager Engineering Mount Whaleback.

EAST FREMANTLEThe Town of East Fremantle was thrilled to have such a beautiful view for their fourth business networking event Look Local B-2-B. This bi-monthly event is proving popular amongst local business owners as an opportunity to meet the representatives of other organisations in the area. It is also a wonderful way to welcome new businesses to town, our newest local business owners certainly seemed very impressed with the venue and companionship.

CUNDERDINThe Cunderdin Australia Day Breakfast celebrated the work of volunteers in the Cunderdin and Meckering Community where the following awards were presented. The Meckering Earthquake Anniversary Committee made up of Rebekah Burges, Shari Leeson, Dianne Kelly and Kayla James, won the Active Citizenship Award. The Citizen of the Year was Rebekah Burges.

These well-deserved awards were presented for their contribution to the Meckering Community for organisation and a year of hard work behind the 50 Years On Meckering Earthquake anniversary.

PAGE 15

GOSNELLSFour acts and a relaxed crowd braved scorching heat to help the City of Gosnells kick off its inaugural Live at the Amphitheatre Summer Concert Series on Friday, 1 February.

The concert featured folk acts Winterbourne and Riley Pearce, supported by Jack Davies and the Bush Chooks and Dulcie.

Two more Live at the Amphitheatre concerts, in March and April, will feature jazz and acoustic performers respectively.

GINGINA highlight on the summer social calendar, the Shire of Gingin was once again delighted to support the Lancelin Ocean Classic which was held over the weekend of Friday, 11 January to Sunday, 13 January.

The renowned international wave sport event - in its 34th year - attracted thousands of visitors into the towns of Ledge Point and Lancelin to enjoy the spectacle and thrill of the windsurfing and kite surfing competitions. The event was coordinated by the Lancelin Chamber of Commerce and Industry, with major sponsorship from WA Experience Extraordinary, Bendigo Bank and the Shire of Gingin.

The Lancelin Ocean Classic still holds the Guinness World Record for being the longest windsurf race (held since 2008).

GREATER GERALDTONSome of Geraldton’s community and sporting groups have received a financial boost after securing funds in Round 20 of the City of Greater Geraldton’s Community Grants Program. Close to $70,000 was awarded and will help with the delivery of local festivals, competitions, programs and facility upgrades.

Mayor Shane Van Styn extended his congratulations to the 12 successful groups and even some of their pawsome recipients.

PAGE 16

MORAWAMorawa celebrated our 2019 Australia Day Awards at the Morawa Swimming Pool. Here we recognised the amazing work many individuals and groups make to our community.

This year’s winners are Mr John Pulbrook - Senior Community Citizen of the Year, Mr Paul Featherstone Community Citizen of the Year, and the NAIDOC 2018 Committee - Active Citizenship Award recipient.

We look forward to many more nominations for 2020.

Pictured: Sergeant Paul Featherstone, Shire President Cr Karen Chappel, Mr Daniel Green and John Elliot representing MEEDAC, and Mr John Pulbrook.

JOONDALUPMore than 300 candidates were granted Australian citizenship at the City’s 2019 Australia Day citizenship ceremony, held at Joondalup’s Central Park on Saturday, 26 January.

None waited as long to do so than Marmion resident Valerie McIntyre, who arrived with her parents from the United Kingdom as a teenager in January 1959, and officially became an Aussie almost 60 years to the day she first set foot on Australian soil.

KWINANAThe City of Kwinana held another successful Australia Day celebration under the canopy of the award-winning Kwinana Adventure Park.

Free breakfast and waterslides were available on the day and four locals received Citizen of the Year awards, including firefighter Chris Artemis, pictured here with Mayor Carol Adams and 2018 Citizen of the Year Abram Zeigelaar.

51 new citizens from 18 nations became our newest local Australians.

PAGE 17

MURRAYThe Dwellingup National Trails Centre Project rolled into its next phase, with ground broken on the Skate Park and Pump Track components.

The amenities are highly anticipated by the town’s younger residents and complement other project components including a Trails Centre - an expanded Dwellingup History and Visitor Information Centre, as well as Hotham Valley Tourist Railway realignment works which are better positioning the town’s rail trails as a central feature of Dwellingup’s tourism offering.

Pictured: Dwellingup locals Charli and Shivanagh Campbell-Warr with Cameron and Eve Campbell.

MERREDINThe Shire of Merredin worked with Merredin Police to facilitate a great youth workshop with Merredin’s youth in January. The workshop was to paint a mural on a Shire owned shed adjacent to the skate park promoting an anti-drug message.

The project was arranged by Constable Brooke Watson, Merredin Police, in conjunction with her brother and artist, Brandon Watson, from Country Arts WA. The Shire is looking forward to working on more projects with Merredin Police in the future.

MENZIESThe Shire of Menzies opened the Menzies Youth Centre in the Ngalipaku Building on Thursday, 13 December 2018. Ngalipaku means “All of Us” in Wongatha language.

The building was jointly funded by the Shire of Menzies and Lotterywest.

The opening was held in conjunction with the Menzies Christmas Party and was attended by the community as well as local politicians Kyran O’Donnell MLA, Kyle McGinn MLC and Robin Scott MLC. The building was officially opened by the Shire President Cr Greg Dwyer.

Pictured: Cr Justin Lee, Cr Ian Tucker, Cr Greg Dwyer and Cr Jill Dwyer

PAGE 18

MUNDARINGResidents continue to enjoy free outdoor movies this summer with the return of the popular Cinema Under Starlight series.

Screening at local ovals across the Shire, the family friendly events create an opportunity to engage our local community in a happy and relaxed environment.

PORT HEDLANDThe Town of Port Hedland recently ran a competition across the local primary schools to paint our new rubbish truck. The entrants were asked to illustrate what Port Hedland means to them. The winning artists were Myah Wuruki from St Cecilias Catholic School and Mason Cooper from Port Hedland Primary School.

The truck has been in use since December, collecting waste on the streets of South and Port Hedland.

PERTHHundreds of people made their way to Cathedral Square on Sunday, 27 January to celebrate Australia’s diverse culture. Featuring craft activities, roving performers and live music, this free event was a hit with the little ones.

NAREMBEENThe Narembeen community celebrated Australia Day with a breakfast at the Narembeen Aquatic Centre with approximately 100 people in attendance. Citizen of the Year was presented to Caroline Robinson, Senior Citizen of the Year was presented to Eddie Dixon and Dorcas Clothing were the recipient of the Active Citizenship Award. The day was particularly special for four local residents who became Australian citizens – congratulations to Kanta Thavare and Elena, Ronwald & Gavin Rojas.

Pictured: Senior Citizen Award winner Eddie Dixon, Active Citizenship Award winner Dorcas Clothing, made up of Rosemary Smoker, Betty Ogilvie, Marcelena Gatbondon, Mary Johns and Kerry Fricker and Citizen of the Year winner Caroline Robinson.

PAGE 19

THREE SPRINGSThe Shire of Three Springs celebrated Australia Day with a BBQ breakfast and presentation of the Community Citizen of the Year Award. 70 people attended the event, enjoying breakfast which was sponsored by the Shire, and cooked by the local Lions Club.

The winner of the award was Margariet Metsemakers, who has worked tirelessly for the community in the areas of the local school, St Johns Ambulance and hockey club.

SOUTH PERTHA Noongar smoking ceremony was held on the Connect South project site on South Perth Foreshore on Tuesday, 5 February to recognise the Noongar/Bibbulmun people and their significant contribution to the City of South Perth and mark the start of construction of the significant City project to reinvigorate the Mends Street precinct. Performed by Matthew McGuire and his brother Walter, the ceremony was attended by CEO Geoff Glass, members of the City’s Aboriginal Reference Group and the Connect South project team.

STIRLINGPremier Mark McGowan visited Tuart Hill in January to see Stage 1 upgrade works at the popular Robinson Reserve. The State Government has allocated $1.5 million to the project, which will deliver a new larger playground, picnic seating areas, barbecues, sports half-court facilities and accessible toilets.

Mayor Mark Irwin, Balcatta MLA David Michael and members of local clubs were on-hand to talk about the exciting development for Tuart Hill.

ROCKINGHAMIn December 2018, a delegation from the City of Rockingham travelled to Ako, in Hyogo Prefecture Japan, to strengthen a long standing sister city relationship.

The delegation met with Ako City officials and Governor of Hyogo Prefecture Toshizo Ido during the visit. Members of the delegation, including Mayor Barry Sammels, also participated in the sacred Ako Gishi Festival, which honours the legacy of the iconic 47 Ronin.

Pictured: City of Rockingham Mayor Barry Sammels (centre) with Manager Governance and councillor support Peter Varris (left) and Councillor Andy Burns (right) at the Ako Gishi Festival.

PAGE 20

WANNEROOHeld under the biggest marquee in the Southern Hemisphere, 785 new citizens from 63 different countries were given a warm ‘Wanneroo welcome’ at the nation’s largest single-city citizenship ceremony on Australia Day.

Caption: Mayor Tracey Roberts with award winners Benn Marshall, Jodie Jones, Debra Gibson, Dr Casty Nyaga and Bernard Terry.

VICTORIA PLAINSIt’s normally a one-horse town but on Monday, 31 December 2018, Mogumber welcomed a couple hundred horses and over 2500 rodeo enthusiasts. The 6th annual Gilmac Mogumber New Years Eve Rodeo hit another peak in 2018 with a record breaking 306 competitor entries. 100% volunteer-organised by the Mogumber Outback Club Inc, the event helps secure Mogumber’s long-term viability, produces fundraising dollars and puts the tiny town on the tourist map.

SUBIACOFrom Friday, 18 January to Sunday, 17 February, Subiaco’s very own Fringe World entertainment hub, Subilicious, sprang to life in the heart of city. Supported by See Subiaco, the city’s destination marketing brand, Subilicious featured pop-up bars, street performers, kids’ activities and performance venues, all in a sea of pink as festival-goers moved from one location to the next. There was even the opportunity to have a selfie with a couple of mythical creatures!

WAROONAIdeal weather conditions saw a large turnout of community members enjoying breakfast on Australia Day, cooked by the Lions Club of Waroona with assistance from the Leos Club of Waroona.

This annual event provides an opportunity for friends and neighbours to catch up with each other, new citizens to pledge their allegiance to Australia and also recognises local community members for their volunteering achievements through the Awards Ceremony.

Pictured: Shire President Cr Mike Walmsley with recipients of the Australia Day Awards.

PAGE 21

YILGARNThe Shire of Yilgarn celebrated Australia Day with a free community breakfast cooked by volunteers, followed by Australia Day awards presented by Deputy Shire President Cr Wayne Della Bosca.

Mrs Anne Hanretty received the Shire of Yilgarn Active Citizenship Award for her long time volunteering for various sporting clubs in the Yilgarn.

The award for a Community Group or Event this year was awarded to the Yilgarn Bowling Club and Southern Cross Tennis Club - Catering Group for their tireless work catering for many events within the community.

It was perfect weather to come together as a community to celebrate all that makes our country such a wonderful place to live and around 100 people did so.

YORKThe Shire has welcomed three giant straw sculpture residents to York

as part of the annual York Festival. They are created by Japanese Wara

Art Master, Akira Moriya, a veteran of around 10 Wara art sculptures.

Wara Art was developed as a way of finding a creative use of the

excess straw leftover at the end of the rice harvest.

Akira travelled from Japan to York to oversee the construction of the

three sculptures, which are representations of endangered Australian

fauna, made using locally sourced wheat straw.

The sculptures will remain in York until the commencement of this

year’s York Festival in late August.

WOODANILLINGWoodanilling Shire celebrated Australia day with a Breakfast on Saturday, 26 January for the whole community.

It was a fun day and great to see individuals, and groups receive awards and recognition for their invaluable contributions to our community.

WYNDHAM–EAST KIMBERLEYEach year, parents of new born babies are able to register their child for the Shire Baby Tree Program. On Australia Day all registered babies are invited to the Australia Day Ceremony and given a Boab seedling for the family to plant at home. In addition, the Shire plants a large Boab tree locally and installs a plaque with all the baby’s names and dates of birth. Parents are also invited to the communal tree planting.

PAGE 22

Consider this - your Local Government’s brand new recreation centre is nearly finished. It’s taken 14 months to get here and now there’s real excitement and

anticipation across the whole community – from the local netball league to playgroup and the indoor cricket club, there’s even talk of a new roller derby team launching. People are already getting excited about the grand opening. The new centre is going to be a wonderful facility for so many different groups within your community.The centre is only months away from officially opening when disaster strikes and a fire runs through the construction site destroying a large section of the building. You then discover that the contractor’s building insurance includes inadequate sublimits and that you’ve got no control over the adjustment and settlement of the claim. To make matters worse all of the settlement is paid to the contractor, including the progress payments that your Local Government has made.

If this hypothetical situation occurred do you know what your Local Government would do? Would you be able to take control of this important community project and make sure that it gets finished?

Unfortunately it’s not uncommon for something to go wrong on big Local Government projects – fortunately there is something that you can do to take control of the situation - make sure you have contract works insurance.

WHAT IS CONTRACT WORKS INSURANCE?

Contract works insurance is designed to cover losses during the construction, alteration, or extension of a Local Government building. Typically the policy includes material damage cover (damage to insured property) and public liability cover (damage to third party persons or property).

LGIS UPDATE

DO YOU HAVE MAJOR CAPITAL WORKS IN 2019? MAKE SURE YOU’RE PROTECTEDBy Jonathan Seth, CEO, LGIS

Liability • WorkCare • Property • Risk Management • People & Safety Management • Insurance Broking

Call us today and discover how we can put our years of experience into practice for you

www.lgiswa.com.au • Tel: 9483 8888

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Local Govt Insurance Services (LGIS) 2013-08-21

LGIS000234 Statewide and Western Councillor ads 142.0 x 99.0003

2013

LGIS000234_99x142mm 1

Offset 2013-08-26 13:33

As materials are incorporated into the structure during the construction period, the works progressively become the property of the Local Government. However, none of the work will be covered by your property protection insurance until the work is completed, handed over, and notified to LGIS.

This gap is where contract works insurance comes in.

Insurance for ‘material damage’ covers the works against damage or destruction while under construction, and provides for reinstatement or reconstruction of works that are damaged or destroyed. The amount the work is insured for should be sufficient to fund the reinstatement of the works in the event of destruction or damage.

The ‘liability’ section covers liability for personal injury, death, property damage, or other loss sustained by parties, arising out of the project or contract. Unlike a general public liability policy, this includes any liabilities accepted by an insured party by way of the building contract e.g. defects liability or indemnity for the existing site.

Traditionally, Local Governments pass the responsibility for implementing insurance of the works and third party liability to the contractor, due to perceived ease and cost saving. The contractor then includes the costs of these insurances into their project fee.

However, there are significant benefits for Local Governments in holding onto this insurance responsibility. A bespoke principally (Council) controlled policy can come with the following advantages:

• Certainty of cover and sublimits

• Control of settlement and adjustment of claims

• Compliance with government agencies lending and funding requirements

• Elimination of contractor mark-ups

• Continuation of cover in the event of contractor default

When you’re planning major works for your community LGIS can help you enjoy the benefits of contracts works insurance. Using only the essential contract information we can instantly provide quotes and bind cover for your construction projects with bespoke policy documents.

Contact your LGIS account manager on 9483 8888 for more information.

PAGE 23

LOCAL GOVERNMENT IN THE SPOTLIGHT

COUNCILLOR PETER FRANCIS MONAGLEORDER OF AUSTRALIA MEDAL, SHIRE OF HARVEY

WHAT SAW YOU BEGIN A CAREER IN THE LOCAL GOVERNMENT SECTOR?

I thought that in my little neck of the woods things could be better.

There wasn’t a lot of money spent in my Ward but some other Wards did very well, and of course there were a number of factors at play here. Later on talking to my fellow Councillors, I found they all felt the same, short changed.

I am glad to say that even with abolishing the Wards and a large number of sizeable towns, our Councillors have always been even handed when it comes to supporting projects.

WHAT DO YOU LOVE ABOUT WORKING IN LOCAL GOVERNMENT?

One can make a difference directly in people’s lives through Local Government. On Council you can get results and have input on directions. It is much easier to deliver outcomes than it is to get traction with the other two arms of government. Due to the proximity of the rate payers we should know what they want and what needs doing.

CAN YOU DESCRIBE SOME OF THE BIGGEST CHALLENGES YOU’VE FACED DURING YOUR TIME AS AN ELECTED MEMBER?

Part of Brunswick Junction was a real eyesore, it had an exposed irrigation channel running through the town. The channel was then surrounded by a high cyclone fence which cut off the town and that was the best towns folk had to gaze

upon. With part of town cut off, the rest of town was looked upon as a ‘ghetto’. But nobody cared.

A door knocking campaign commenced, along with letter writing and lobbying anybody who might help. The piping of the water, removal of the fence and turning the ‘ghetto’ into a park was a brilliant result. Money is always hard to find and this project cost three times the amount expected, fortunately by then our momentum kept us going.

The Brunswick River cottages project was also a big challenge; it has been 20 years in the making and will give us approximately 40 units for the over 55’s. The time frame involved indicates the battle the committee and the Shire have had, including promised committed funding being withdrawn with a change of Government.

YOU ARE A COUNCILLOR AT THE SHIRE OF HARVEY, WHAT DO YOU ENJOY MOST ABOUT THIS ROLE AND WHAT ARE SOME OF THE CHALLENGES?

The most enjoyable part is being involved in the Citizenship ceremonies. Picture twenty new citizens, all nervous and excited, most have family and friends on hand to help them celebrate, it is a great day and an important day for them. There is a buzz in the Council chambers.

A challenge in the Shire of Harvey is population growth and how we cater for this, especially as the traffic builds up. We are only an hour and a half from Perth and face losing the benefits of living in one of the Regions.

CAN YOU EXPLAIN THE REGION YOU WORK IN AND SOME OF THE ADVANTAGES AND CHALLENGES OF WORKING IN THIS REGION?

The Shire of Harvey extends from the Leschenault estuary, over the coastal plain, across irrigated farm land, up to the scarp and the forest beyond. It covers 1,755 square kilometres, our population has grown rapidly and exceeds 27,500, as elsewhere a good part of that clings to the coast. The diversity creates its own challenges, how can Council be even handed with its treatment of eight sizeable competing towns, but it also keeps life interesting.

WHAT HAS BEEN YOUR PROUDEST ACHIEVEMENT WHILST WORKING IN LOCAL GOVERNMENT?

The Leschenault sporting complex would be the Shire’s greatest achievement in recent years. We have a beautiful two storey complex which allows elevated viewing of both sides of the battles being conducted below on the many ovals. As part of the sporting complex there is a recreation centre, heated pools, gymnasium, squash, netball and basketball courts. Truly a regional facility.

Pictured: Councillor Peter Francis Monagle OAM – Shire of Harvey

PAGE 24

LOCAL GOVERNMENT IN THE SPOTLIGHT

COUNCILLOR PETER FRANCIS MONAGLEORDER OF AUSTRALIA MEDAL, SHIRE OF HARVEY

IN WHAT WAYS HAVE YOU SEEN A CHANGE IN THE BEHAVIOUR OF ELECTED MEMBERS IN RECENT YEARS?

Councillors are better informed today and more knowledgeable than they used to be. My observation though is that the rate payers are more demanding and less tolerant and understanding.

WHAT DO YOU SEE THE IMPACT OF SOCIAL MEDIA BEING ON THE SECTOR? HOW DO YOU THINK THESE IMPACTS SHOULD BE MANAGED?

It is concerning that information travels so quickly and that there is no accountability on the part of author. Social Media is having a large impact, mostly for the good I hope. Obviously we are in an historical time of change, I cannot predict its future place in the world but there is much developing yet to follow.

WHAT ADVICE DO YOU HAVE FOR SOMEONE WISHING TO BECOME AN ELECTED MEMBER?

I suggest they fully embrace it. The benefits are many, and the friendships gained last a life time.

YOU WERE RECENTLY AWARDED THE ORDER OF AUSTRALIA MEDAL. WHAT DOES THIS MEAN TO YOU?

I am very proud to have been awarded the OAM, added to my Life Membership awarded by WALGA, I could not ask for anything more. Much of my acknowledgement has been due to the wonderful assistance from so many volunteers passed by on my journey. Volunteers give many hours per week to the organisations they believe in. We are always concerned about the availability of the willing. The world is a wonderful place and volunteers keep coming forward and filling a need. My wife and family have always been behind me 100%, my success has been their joy.

IS THERE ANYTHING ELSE YOU WOULD LIKE TO ADD?

Hopefully, next cab off the rank will be a Men’s Shed for the town of Brunswick Junction. We have a good team of committed members working in that direction.

Lastly the Leeuwin sail training ship has always been dear to my heart. The Shire of Harvey has been sending half a dozen young people on their sails each year. From personal experience I know that after the discipline they return as mature Ladies and Gentlemen. I encourage every Shire to be a sponsor.

Leaders from Local Government have figured prominently in the most recent Australia Day honours with five representatives from the sector awarded an Order of Australia Medal.

The Order of Australia Medal (OAM) recipients were:

• Cr Lynne Craigie – Shire of East Pilbara

• Cr Donald Raymond Hammarquist – Shire of Upper Gascoyne

• Ms Heather Henderson – City of Subiaco

• Mr Lachlan Murray McTaggart – Shire of Upper Gascoyne

• Cr Peter Francis Monagle – Shire of Harvey

The Australian Fire Service Medal (AFSM) recipient:

• Cr Francis Roy Burgoyne – Shire of Harvey

Over the next few editions of Western Councillor we will be featuring those OAM recipients that are currently serving on Council in Western Australia.

COUNCILLORS

Apply for funding

Local governments are eligible for a number of the department’s grants

and funding opportunities.

For sport and recreation funding opportunities visit

www.dsr.wa.gov.au/funding

For arts and culture funding opportunities visit

www.dca.wa.gov.au/funding

PAGE 25

More than 200 representatives from the Local Government sector participated in a forum in January to help plan the future for Council in Western Australia.

Held in Technology Park in Bentley, the Future of Local Government Forum was a collaboration between the WA Local Government Association, Local Government Professionals and the Department of Local Government, Sport and Cultural Industries.

Opened by WALGA President Cr Lynne Craigie, the forum was attended by 230 representatives from the sector and included presentations by the Local Government Minister and local, interstate and international speakers.

Minister for Local Government, the Hon David Templeman MLA spoke on his desire for Local Government to deliver quality services and that Local Government is critical to the community’s well-being. The Minister advised of his trust in the Local Government sector to deliver for communities.

In a presentation for LG Professionals, City of Joondalup Director Governance and Strategy Jamie Parry provided an overriding message regarding the transformation of Local Government, its current capacity and potential capabilities to do more. He stated the sector needs legislation that is flexible enough to allow Local Governments to effectively respond to the different challenges each face and a new framework that will assist in building capacity; building trust; building relationships; and building communities.

Cr Craigie said the WALGA position on the myriad facets of the Local Government Act review could be captured in the general principles of:

• Councils maintaining general competence and autonomy in what is best for their communities,

• Legislation being based on flexible principles to declutter the current over regulatory framework,

• A compliance regime that recognises the diversity of size and scale of Local Governments in WA, and

• Reducing red tape.

“We have an opportunity to create a new Local Government Act and not just an updated version of the 1995 legislation,” Cr Craigie said.

FUTURE FOCUSED SECTOR FORUM TO GUIDE ACT REVIEW

“The sector has enjoyed a very positive relationship with the McGowan Government and in particular the Local Government Minister, not the least of which has been demonstrated in their willingness to consult with the sector on the changes to the Act.”

“It is important that the Local Government sector is embracing this opportunity and wholesale review of pivotal legislation such as this does not happen very often.”

Professor Graham Sansom provided an overview of the Local Government Acts in British Columbia, New Zealand and Wales. His message was about the need for Government to provide enabling legislation with a ‘menu of opportunities’ for the sector with more tools to access for their operational activity.

ALGA President Mayor David O’Loughlin provided the forum with information on Local Government in a National context and the role of local Government in the federation. His advice was to follow themes from other State Acts, and not chapter and verse.

The final Speaker was Dr David Cox, from the Law Reform Commission presenting on what modern legislation looks like. Dr Cox provided an overview of the history of legislation and the differences between prescriptive legislation and principle-based legislation.

The last session of the day was facilitated discussion looking for new ideas for Local Government.

We have an opportunity to create a new Local Government Act and not just an updated version of the 1995 legislation,” Cr Craigie said.

“The sector has enjoyed a very positive relationship with the McGowan Government and in particular the Local Government Minister, not the least of which has been demonstrated in their willingness to consult with the sector on the changes to the Act.”

PAGE 26

Discussions centered around some key themes:

WELLBEING

‘Wellbeing’ is about working together for the greater good – how does this apply for the Local Government sector? It can be considered as something beyond individual Council boundaries or operational responsibility, instead providing Councils with opportunities to escalate issues and initiatives that are important to communities to a higher level of prominence and action.

EMPOWERMENT

It is generally considered that the way forward is greater empowerment at the local level. This approach is supported by the rise of ‘localism’ and communities’ desire for a greater say in what affects them. The idea that Local Government needs to be equal partners when it comes to providing significant services to the community also needs appropriate resources for Councils to be enabled to deliver.

COOPERATION/COLLABORATION

Between Councils, with our communities, and with State and Federal Government. Widen the scope to think beyond our own boundaries and areas of responsibility to collaborate for the greater good of all.

REGIONAL COOPERATION

Stronger regional governance will greatly enhance the sector and can be achieved through a combination of compulsory and incentive-based measures – should have key issues as high priority for regions and some powers and issues then devolved to the local level.

KEEP IT SIMPLE!

Write legislation for the end user, in language they understand. Be transparent and open.

CUSTOMISE

Writing the Act so that it is a ‘menu of possibilities’, with a focus on enabling initiatives to happen. Customise to remove operational parts out of legislation and into regulations so constraints are not enshrined and easier to amend as circumstances change.

Speaking notes and presentations from the Forum are available on the WALGA website.

In addition to discussions on the day, WALGA has been collecting submissions from member Councils on the Review and will form a State Council Agenda item to be considered by Zone Meetings in March and then State Council at the end of the month.

AWARDS

WALGA HONOURS 2019

WALGA Honours Awards recognise some of the most valuable and committed members of our community.

There are six categories of awards in the 2019 Honours program, details are below:

The Local Government Medal and the Life Membership Award recognise outstanding achievements and significant contributions by Elected Members and Officers to the Association and/or to Local Government.

The Eminent Service Award recognises personal commitment, eminent service and contribution to Local Government or the Association by an Elected Member, Serving Officer of the Association or a Local Government Member.

Those who have provided a high degree of service as either a State Councillor for over eight years or an Elected Member for more than 12 years could be eligible for the Long and Loyal Award.

Merit Awards recognise Councillors who have demonstrated distinguished service to the community through their Local Government and Local Government Officers’ can be nominated for the Local Government Distinguished Officer Award in recognition of their achievements.

Nomination packs are available from the WALGA website at www.walga.asn.au/honours

Nominations close Friday, 10 May.

Awards will be presented to recipients at a ceremony held during the August 2019 Local Government Convention.

For further information contact Margaret Degebrodt, Executive Officer Governance on 9213 2036 or email mdegebrodt@walga.asn.au.

Cr Lynne Craigie

President

2019 Long and Loyal

Service Award

Ricky Burges

Chief Executive Officer

presented to

for distinguished service

to the community through

the Local Government of

the Shire of Wickepin

Cr Lynne CraigiePresident

2019 Merit Award

Ricky BurgesChief Executive Officer

presented to

for distinguished service to the community through the Local Government of

the Shire of Narrogin

Cr Lynne CraigiePresident

2019 Eminent Service Award

Ricky BurgesChief Executive Officer

presented to

for personal commitment, eminent service and contribution to the Association and Local Government

PAGE 27

LEGAL UPDATE DISMISSAL OF A SENIOR EMPLOYEE

In the recent decision of Whooley v Shire of Denmark [2019] WASCA 28, the Western Australian Industrial Appeal Court decided that the power and responsibility to determine whether a senior employee (of a Local Government) is to be dismissed, rests with the Council of that Local Government.The facts of this case are as follows: Mr Whooley was employed as the Shire of Denmark’s (the Shire) Director of Infrastructure Services. His employment was terminated by the CEO of the Shire on 5 June 2015. Prior to terminating Mr Whooley’s employment, the CEO had not sought nor obtained the Council’s approval.

After his dismissal Mr Whooley lodged an application with the Fair Work Commission alleging unfair dismissal. The matter went to a conciliation conference. At the conciliation the parties agreed a settlement. The terms of that settlement were recorded in a deed. One of the terms barred Mr Whooley from commencing any further proceedings. The deed was never executed and the settlement sum was never paid.

On 29 April 2016, Mr Whooley commenced further proceedings in the Western Australian Industrial Relations Commission (the Commission) claiming unpaid contractual benefits on the basis that the termination of his employment was invalid. In summary, Mr Whooley claimed that as the Council did not approve his dismissal, the CEO’s decision to dismiss him was invalid. To support his assertion Mr Whooley relied on section 5.37 of the Local Government Act 1995 (WA) (LGA). That section concerns senior employees. Section 5.37(1) of the LGA gives Local Governments the power to designate employees as senior employees. Section 5.37(2) of the LGA states:

“The CEO is to inform the council of each proposal to employ or dismiss a senior employee… and the council may accept or reject the CEO’s recommendation but if the council rejects a recommendation, it is to inform the CEO of the reasons for its doing.”

Also of relevance is section 5.41 of the LGA. This sets out the functions, including powers, of the CEO. Section 5.41(g) of the LGA confers on the CEO the power to dismiss employees.

At first instance, Mr Whooley was successful. The Commission accepted Mr Whooley’s argument that only the Council had the power to terminate his employment. On that basis the Commission determined that his dismissal was invalid. The Commission also decided that the settlement agreement was not enforceable.

The Shire appealed the Commission’s decision to the Full Bench of the Commission. The Full Bench found that the responsibility for employing and dismissing a senior employee rested with the CEO in accordance with section 5.41(g) of the LGA. Section 5.37(2) only operated as a directive to the CEO to first submit a recommendation to Council for the Council to accept or reject that recommendation, before employing or dismissing a senior employee. As such the Council’s failure to approve Mr Whooley’s dismissal did not invalidate Mr Whooley’s dismissal. In addition, the majority of the Full Bench found that the settlement agreement was enforceable and as such barred Mr Whooley from bringing his claim in the Commission.

On 3 January 2018, Mr Whooley appealed the decision of the Full Bench to the Western Australian Industrial Appeal Court (the Court). The appeal hearing took place on 11 September 2018 and the Court’s decision was handed down on 13 February 2019.

The Court determined that the CEO’s power to dismiss a senior employee in accordance with section 5.41(g) of the LGA is not enlivened until the CEO has complied with section 5.37(2) of the LGA and the Council has accepted the CEO’s recommendation that the senior employee be dismissed. The Court commented:

“To interpret section 5.41(g) as rendering effective a purported dismissal of a senior employee by the CEO without the council having been informed of the proposal and accepting the recommendation is to disregard the statutory scheme, which distinguishes between the dismissal of senior employees and other employees, and to disregard the scheme in relation to the dismissal of senior employees. Further, such an interpretation ignores the language of section 5.41(g) that the power of the CEO to dismiss employees is “subject to” section 5.37(2) in relation to senior employees”

While this decision has clarified the law on the interaction of section 5.37(2) and 5.41(g) of the LGA, it did not benefit Mr Whooley.

Section 90(1) of the Industrial Relations Act 1979 (WA) restricts the right of appeal to the Court. The Court determined it did not have jurisdiction to consider the validity of the settlement agreement. As such it held that although the Full Bench had made an error, that error did not affect the Full Bench’s decision that the settlement agreement barred Mr Whooley’s claim. The Court dismissed Mr Whooley’s appeal. Clyde & Co acted for the Shire.

PAGE 28

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COUNCILS TURN SPOTLIGHT ON LED STREETLIGHTS

To learn more, visit synergy.net.au/streetlights or contact Ana Farla, Synergy Business Sales Consultant, on (08) 6212 2001.

*Source: https://www.walga.asn.au/getattachment/Policy-Advice-and-Advocacy/ Environment/Climate-Change/Climate-Change-Projects-and-Resources/WALGA_ Energy-Efficient-Street-Lighting-160816.pdf.aspx?lang=en-AU

LED STREETLIGHTS ACROSS AUSTRALIA

Across Australia, many Councils have already begun adopting LED streetlights. The City of Sydney was the first Australian Council to switch over to LED streetlights in 2012. “More than 6600 lights were replaced in the initial program, which resulted in a reduction of energy consumption of 48%* saving the City of Sydney up to $800,000 on their yearly electricity bill,” Ms Farla added.

In Victoria, 64 out of the state’s 79 Councils have made the switch and in WA the Pilbara Underground Power Project has seen Horizon Power install 674 LED streetlights in the Town of Port Hedland and the City of Karratha.

Light Emitting Diodes (or LEDs) have proven to be a popular source of energy-efficient lighting, creating less impact on the environment and saving costs for homes and businesses. Synergy, along with Western Power, have now introduced a new suite of LED streetlights across WA.

As part of the Community Energy Efficiency Programme announced in the government’s climate change strategy in July 2011, ALGA identified an opportunity to adopt more energy-efficient street lighting using LED technology.

“Installing LED streetlights gives Councils the opportunity to lead by example and put sustainable values into practice while combatting the rising costs of energy and streetlight maintenance”, says Synergy Business Sales Consultant, Ana Farla.

PAGE 29

WALGA ONE70 LV1, 170 Rai lway Parade, West Leeder v i l le WA 6007 T (08) 9213 2000 l F (08) 9213 2077 www.walga.asn.au

GREEN + CLEAN ENERGY PRINTISO 14001, FSC® & Green Stamp level 3 certified. 130kw of solar power, 99% of waste recycled & environmentally friendly inks.

State CouncilPresident Cr Lynne Craigie OAM ............................................................................................PresidentMayor Tracey Roberts JP ................................................Deputy President / North Metropolitan ZoneCr Jan Court JP ........................................................................................Avon-Midland Country ZonePresident Cr Phil Blight ........................................................................................Central Country ZoneCr Jenna Ledgerwood ................................................................................. Central Metropolitan ZoneCr Paul Kelly ................................................................................................ Central Metropolitan ZoneCr Brooke O’Donnell .........................................................................................East Metropolitan ZoneCr Kate Driver ...................................................................................................East Metropolitan ZonePresident Cr Malcolm Cullen ........................................................Goldfields Esperance Country ZonePresident Cr Cheryl Cowell .............................................................................Gascoyne Country ZonePresident Cr Stephen Strange ..................................................................Great Eastern Country ZonePresident Cr Keith House JP ................................................................. Great Southern Country ZoneCr Chris Mitchell JP ........................................................................................Kimberley Country ZoneCr Les Price ................................................................................................... Murchison Country ZoneCr Russ Fishwick JP .......................................................................................North Metropolitan ZoneCr Giovanni Italiano JP ...................................................................................North Metropolitan ZonePresident Cr Karen Chappel JP .......................................................................Northern Country ZonePresident Cr Michelle Rich ......................................................................................Peel Country ZonePresident Cr Kerry White ..................................................................................... Pilbara Country ZoneCr Julie Brown ....................................................................................... South East Metropolitan ZoneCr Brian Oliver ....................................................................................... South East Metropolitan ZoneMayor Logan Howlett JP ............................................................................... South Metropolitan ZoneCr Doug Thompson ....................................................................................... South Metropolitan ZoneMayor Carol Adams ....................................................................................... South Metropolitan ZonePresident Cr Tony Dean .............................................................................. South West Country Zone

Ex-officio:Mr Ian Cowie PSM ....................................................Local Government Professionals State PresidentCommissioner Eric Lumsden ....................................................Chair of Commissioners City of Perth