Question On Notice No. 6497 asked in the Legislative Assembly on 15 October 2020 by Mr S.K. L'estrange
Question Directed to the: Minister for Local Government; Heritage; Culture and the Arts
Parliament: 40 Session: 1
Question
I refer to the Minister’s comments that he “acted on the best departmental and legal advice that was available” to him when delivering the Show Cause Notice to the Town of Cambridge on 26 May 2020, and I ask:
(a) Will the Minister be taking action against the Departmental officers who recommended a show cause notice;
(b) What steps will the Minister take to ensure other local governments are adequately protected from the use of this power; and
(c) Would the Minister support an independent investigation by the Ombudsman into the Department’s handling of the Show Cause Notice and continuing Authorised Inquiry into the Town of Cambridge?
Answered on 19 November 2020
(a) No, that would be inappropriate and I refer the Member to section 105 and section 106 of the Public Sector Management Act 1994 (WA).
(b) The premise of this question is incorrect.
I disagree with the Members assertion that a show-cause notice is a misuse of the Ministers powers under the Local Government Act 1995 (WA).
(c) The Ombudsman may initiate an investigation of its own volition and it is not at the Ministers discretion.