LGEMA - Local Government Elected Members Association

LGEMA - Local Government Elected Members Association Current and former Elected Members incorporated supporting EMs to shine a light on good governance

Any information on this site or any email from LGEMA is general only, is not and should not be construed as legal advice, generally or for a specific issue.

Brough v Local Government Standards Panel [2026] WASATMonty Python Meets Panel: you cannot comply with an order to obtai...
08/09/2026

Brough v Local Government Standards Panel [2026] WASAT

Monty Python Meets Panel: you cannot comply with an order to obtain something that does not exist — rather like being told to buy a dead parrot who shopkeeper insists was just resting

1) Council required Cr Brough to complete a specific AHRC training course.
2) Course did not exist, never existed.
3) Standards Panel nevertheless treated failure to complete as minor breach, with more sanctions.

SAT,
• decided Cr Brough could not breach an obligation to do something that did not exist
• stressed an order must clearly, unambiguously tell EM what they are required to do

03/09/2026

CEO Secret Business

LG Act s.5.23(2)(b) does not make everything concerning a CEO confidential. It applies only to matter relating to CEO’s recruitment or employment, including termination, performance review.

Matters concerning CEO’s statutory functions, administration, compliance with LG Act, Council resolutions, record keeping or exercise of public office are not confidential under s.5.23(2)(b) just because they concern CEO.

Any other claim of CEO confidentiality must identify a separate statutory basis. CEO remuneration is required to be in the LG's annual report, so no ground for keeping that confidential.

02/09/2026

Council Resolutions must say what Council decided

Council Resolutions cannot leave public guessing.

Motion needs show community substantive subject matter decided.
LG Administration Regulations require this: Reg11(d), which has been examined by Supreme Court.

DLGIRS guide says resolutions must stand alone and be clear as to their intent.

So “ADOPTS paragraph X of the report” is not good enough, especially if paragraph X not publicly available, so public cannot tell what Council actually decided.

Rules about transparency requires substantive resolution to be stated and disclosed — not hidden behind a cross-reference.

01/09/2026

WHO REVIEWS LG CEO PERFORMANCE?

Council.

Not the CEO. Not Council employees. Not CEO organised contractors. Not WALGA. Not DLGIRS.

CEO controls employment, management, supervision, direction, dismissal of all other employees > obvious perceived or actual conflict if employees are involved in assessing CEO or organising any assessment or reporting to Council about any assessment, noting conflict of interest regulations applying to LG employees.

Employees can provide confidential evidence to a Council appointed and controlled independent person, and Council must safeguard employees in that process given its responsibility for the LG’s PCBU obligations.

CEO performance assessment belongs entirely with Council.

It must be impartial, transparent, evidence-based.

31/08/2026

Domestic Cat Containment

Submissions on this are due today to [email protected]
If you do not have time you can submit that you endorse LGEMA submission to contain domestic cats. We can send you a copy on request to our email at [email protected]

28/08/2026

Reviews of Adjudicator decisions

Under new Local Government Adjudicator system: a review of a conduct breach by SAT under LG Act s.8A.22 is likely to be a "de novo" merits review, even though s.8A.22 does not use the words “de novo”. Applicants seeking SAT review under the new system will need to make submissions about how the new regime is or is not different.

28/08/2026

City of Nedlands Audit Woes

23/24 OAG 23/24 financial Audit > audit disclaimer (which means not enough records to do an audit and is worst audit outcome) > Council appoints external forensic auditor to find out why and set a remediation pathway > Council appoints from outside purple circle a CEO with economic, financial, legal qualification >

OAG 24/25 financial Audit improves incredibly well to a qualified audit > LG Minister dismisses Council > appoints Commissioners under whom CEO and forensic accountant cease employment, and forensic accountants report removed from City' website > Commissioners and interim CEO finish after Council elections >

OAG 25/26 financial Audit reverting to audit disclaimer for period mainly under Commissioners and interim CEO finally revealed 26 August 26 by the administration to incoming Council, community and new CEO (but certain associated documents disturbingly have been kept away from Council public agenda by new Council majority).

Go Figure!

27/08/2026

So Perth hearings by House of Representative Committee looking into LG funding from Federal government took place today.

LGEMA committee members listened in person to most of the hearings today including from Stirling, Wanneroo, Irwin, Greater Geraldton, Wiluna, LG Pro and the LG Grants Commission.

Three of your LGEMA committee members, Sandra Boulter, Cr Mark Hutchinson and Dep Lord Mayor David Goncalves each made three minute presentations on how existing grant monies could be better directed and better spent.

The most moving presentations we heard today were from five ASU members who are workers at LG coalface including in parks and gardens, library, and events and community organiser who are actually delivering LG asset maintenance and community services.

24/08/2026

CEO REmuneraton

New Salaries and Allowances Tribunal LG determination does not, of itself, amend an existing CEO employment contract or automatically entitle CEO to increase.

Subject to any express contractual adjustment clause in CEO contract and compliance with statutory minimum remuneration, Council can defer consideration of CEO remuneration increase until CEO's performance and remuneration are reviewed.

Tribunal determinations do not decide precise CEO remuneration.
Any discretionary decision concerning CEO remuneration must be made by an appropriately authorised and impartial expert advising Council, not by CEO whose remuneration is being determined.

19/08/2026

LG Funding House of Representative Public Hearings

House Standing Committee on Regional Development, Infrastructure and Transport Committee Public Hearings into Local Government Funding

PERTH Date 27 August 2026; time 8:40 am and will close at 4:25pm.
Perth Venue: Western Australia Legislative Council, Committee Room 1, Level 1, 2 Parliament Place,

NORTHAM date: 28 August 2026; time 9:00am > 4:30pm.
Northam Venue: Bridgeley Community Centre, Avon Auditorium, 91-93 Wellington St, Northam

Both are public hearings, can be attended by observers/members of public in person and will be livestreamed on the Parliament’s YouTube channel and at the APH Watch, Read, Listen website.

Due to security at WA Parliament, Secretariat would appreciate advanced notice of observers attending Perth hearing to ensure they are allowed into the meeting room promptly. Members of public may attend without providing notice, but there may be delays in getting through.

Address

Perth
Perth, WA
6000

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