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Parliamentary Questions

Question Without Notice No. 1327 asked in the Legislative Council on 19 November 2019 by Hon Colin Tincknell

Minister responding: Hon D.A. Templeman
Parliament: 40 Session: 1

Answered on 19 November 2019

WHEEL CLAMPING — CITY OF STIRLING

1327. Hon COLIN TINCKNELL to the Leader of the House representing the Minister for Local Government:

The Mayor of the City of Stirling, Mark Irwin, recently stated in the media that the city had put forward a proposal that would make it illegal for private companies to be able to place wheel clamps.

(1) Would the state government either support or oppose such a move by the City of Stirling?

(2) Is the minister able to outline for me what other forms of action these private companies are legally allowed to take in order to enforce private terms and conditions on patrons?

(3) Is the government obliged to help these companies track down and prosecute those who do not comply with their terms and conditions?

(4) Is there any form of government oversight of these companies to ensure that they are acting appropriately and within their legal limits?

(5) Is there any process through which patrons may contest these actions taken by the company; and, if so, what is it; and, if not, why not?

Hon SUE ELLERY replied:

I thank the honourable member for some notice of the question. The preamble sentence in the question I have in front of me is slightly different from what the honourable member read out. The preamble in the question submitted referred to private companies being able to place wheel clamps on private vehicles, so that is the question to which the answer has been provided.

(1) There is no power for a local government to make a local law covering actions on private land by private operators.

(2)–(5) These matters do not fall under the local government portfolio.