Locals Laws, Policies, Ethics & Conduct

Policies

Integral in aligning Councils operations with its mission, vision and direction are its Policies. These policies, adopted and reviewed by Council every four years, detail the guiding principles on which specific matters are managed.

To view the Town's Policy Manual please click here.

Local Laws

Activities on Thoroughfares and Public Places Local Law 2003 (Under review)
Dog Local Law 2012
Fencing Local Law 2000 (Under review)
Foreshore Building Line Freshwater Bay Local Law 2000 
Health Local Law 2010
Height of Buildings - Freshwater Bay Local Law 2000 
Local Government Property Local Law 2000 (Under review)
Town of Claremont Meeting Procedures Local Law 2018
Parking Local Law 2016
Signs Local Law (Including 2008 Amendment) (Under review)
Site Erosion and Sand Drift Local Law 2016
Waste Local Law 2017

Public Interest Disclosure

The Public Interest Disclosures Act 2003 facilitates the disclosure of public interest information and provides protection for those making such disclosures and those who are the subject of disclosures. The Town of Claremont is committed to the aims and objectives of the Public Interest Disclosure Act.
The Town does not tolerate corrupt or other improper conduct, including mismanagement of public resources and strongly supports disclosures being made in respect of conduct which is potentially corrupt or otherwise improper.
The Town will take all reasonable steps to provide protection to anyone who makes such disclosures from any detrimental action in reprisal for the making of a public interest disclosure.
Public interest disclosure is a disclosure which is made by a person who discloses to a proper authority (in local government that is the Public Interest Disclosure (PID) officer), information which tends to show past, present or proposed future wrongdoing by a public body when performing a public function.
The Public Interest Disclosure Act 2003 facilitates the disclosure of public interest information by providing protection for those who make disclosures and those who are the subject of disclosures.
You can make public interest disclosures (PID) about improper conduct in public authorities that include State government agencies and departments, local governments (including the Town of Claremont), and bodies established under a written law for a public purpose, such as a public university.

Who can make a disclosure?

Any person can make a disclosure if they believe something is wrong with the way a public body has acted, is acting or is going to act. 
A disclosure is more than a general complaint or dissatisfaction with a service or a decision, and it is more than a personal grievance. In order to be covered by the Act, the information needs to relate to a matter of public interest.

You should also consider whether you have reasonable grounds to believe the information you are thinking of disclosing is true, or otherwise you believe it to be true.

What should be disclosed/reported?

A disclosure must show the public body's involvement in one or more of the following:
  • Improper conduct;
  • An act or omission that constitutes an offence under State Law including corruption;
  • Substantial unauthorised or Irregular use of, or substantial mismanagement of, public resources;
  • Conduct that involves a substantial and specific risk of injury to public health, prejudice to public safety or harm to the environment.
  • A matter of administration that can be investigated under Section 14 of the Parliamentary Commissioner Act 1971.
Before making a disclosure, it is important that you are aware of the rights and responsibilities imposed on disclosers and others under the Act.
It is a serious offence to make a disclosure that you know or suspect is false, trivial, vexatious, misleading or tied to any personal agenda. If you know the information in the disclosure is false or misleading, or you are reckless about the information, it will be considered an offence and could attract a penalty of $12,000 or one year of imprisonment. 

If you choose to make your disclosure under the Act you must ensure you do not discuss the matter with anyone other than the PID Officer or the person conducting the investigation. You may lose your immunity under the Act and breach the confidentiality provisions which may incur a penalty if you do.

How to make a disclosure

Before making a disclosure you should contact the PID officer to find out more about:
  • how to make the disclosure and who you should disclose to;
  • your rights and responsibilities;
  • the protections that will apply; and
  • whether the information you have is covered by the Act.
The Town of Claremont’s PID officer is:
Bree Websdale
Director Governance and People
Town of Claremont
Number One Claremont
308 Stirling Highway, Claremont, WA 6010
PO Box 54 Claremont WA 6910
ph +61 8 9285 4300
bwebsdale@claremont.wa.gov.au

On receipt of a disclosure of public interest the PID Officer shall comply with its obligations under the Act.
For further information regarding Public Interest Disclosures please see the Public Sector Commission website.

Model Standards for CEO Recruitment, Performance and Termination

On 3 February 2021, the Local Government (Administration) Amendment Regulations 2021 (the Regulations) took effect implementing the remaining provisions of the Local Government Legislation Amendment Act 2019.  The Regulations implemented Model Standards for local governments in relation to Chief Executive Officer (CEO) recruitment, performance and termination.

Council adopted the Model Standards at the Ordinary Council Meeting held on 20 April 2021. To view the Town’s Model Standards for CEO recruitment, performance and termination please click here.

Code of Conduct for Council Members, Committee Members and Candidates

On 3 February 2021, the Local Government (Model Code of Conduct) Regulations 2021 (Model Code) introduced a mandatory code of conduct for Council Members, Committee Members and Candidates. The principles, behaviour requirements and rules of conduct set out in the Model Code apply to all Council Members, Committee Members and Candidates.
 
At the Ordinary Council Meeting on 4 May 2021, Council adopted a new Code of Conduct to be observed by Council Members, Committee Members and Candidates that incorporates the Model Code. To view the Town’s Code of Conduct for Council Members, Committee Members and Candidates please click here.

Complaints about Council Members, Committee Members and Candidates

If you allege there has been a breach of the Model Code by a member of Council or a candidate, you may make a complaint alleging the breach. A complaint must be made:  
  1. in writing in the form approved by the local government;
  2. to the Chief Executive Officer, who is authorised to receive complaints; and
  3. within 1 month after the occurrence of the alleged breach.
To submit a complaint to the Chief Executive Officer, please click here to complete the “Complaint About Alleged Breach Form” and forward the completed form to toc@claremont.wa.gov.au

Code of Conduct for Employees

The conduct of Council Members, Committee Members and Employees was previously governed by the Town’s Code of Conduct 2017. In addition to introducing a Model Code of Conduct for Council Members, Committee Members and Candidates, the new Regulations require that a separate Code of Conduct be implemented for Employees.

As resolved by Council on 4 May 2021, the Code of Conduct 2017 has been rescinded to the extent that it applies to Council Members, Committee Members and Candidates.  A new Employee Code of Conduct is being developed by the Administration and will be approved and implemented by the CEO. Until such time the Code of Conduct 2017 will still apply to and must be observed by Employees of the Town.

Please click here to view the Code of Conduct 2017 (under review).