Skip to main content
Home
  • The Legislative Assembly meets on 16/04/2024 (01:00 PM)
    Assembly sit 16/04/2024
  • The Legislative Council meets on 16/04/2024 (01:00 PM)
    Council sit 16/04/2024
  • The Public Administration meets on 08/04/2024 (10:00 AM)
    Committee meet 08/04/2024

Parliamentary Questions


Question Without Notice No. 794 asked in the Legislative Assembly on 14 October 2020 by Mr W.R. Marmion

Parliament: 40 Session: 1

TOWN OF CAMBRIDGE — MINISTER FOR LOCAL GOVERNMENT — SHOW-CAUSE NOTICE

794. Mr W.R. MARMION to the Minister for Local Government:

I refer to the successful Supreme Court action by the Town of Cambridge against the minister's show-cause notice. What justification did the minister have for his show-cause notice to the Town of Cambridge, given the great expense to ratepayers for zero outcome?

Mr D.A. TEMPLEMAN replied:

I am very happy to answer that question from the shadow spokesperson for local government. His question was almost as long as his contribution to the motion against me over an hour ago, which was, as we know, significant.

I have a copy of the show-cause notice with me. I am happy to table it. As I explained in the debate on the motion moved earlier today, the show-cause notice is specific in regard to the Local Government Act. Under section 8.15C(2) of the act, if the minister of the day, he or she, suspects the failure of a council to carry out its duties, there is capacity for a show-cause notice to be given. In the letter, I state —

I suspect that the Council has failed to ensure that Council members have an understanding of and observe their respective roles, such that the Town's employees rather than Council members undertake administrative and operational functions.

In that letter, I gave particulars of some examples about which I had a suspicion that those matters had been breached. I also highlighted in that letter a meeting held on 9 April this year with regard to a motion that authorised one of the councillors to assist the CEO in relation to employee arrangements. As I said in the debate earlier, the role of employee matters and operational matters are those matters that are under the jurisdiction of the CEO. I have said before, both in the debate earlier today and in a previous debate on a motion moved by the member for Churchlands, that this is where we have problems arising when there is a lack of understanding with regard to the role of responsibilities and, indeed, an overreach of those responsibilities. I had a suspicion, and that suspicion is one example, that the council had not been operating appropriately in respect of that. There is also reference to a council motion instructing the CEO to provide to a councillor copies of all correspondence regarding employee arrangements in response to COVID-19.

I have said to members that there are issues and concerns about staffing at the Town of Cambridge. They are additional issues that have led me to believe that this action was appropriate. I sought legal advice from the department to advise me, within the parameters of the section of the act, that a show-cause notice was appropriate. That is what a Minister for Local Government should do. A whole range of issues come before the minister and the minister's office. People write to us about a whole range of things. At the end of the day, in moving to issue a show-cause notice, the minister needs to be satisfied that there is a suspicion. I was satisfied and I took that action. Rather than formally responding in 21 days to the show-cause notice, the council has a history of using legal advice—it does. That is its right and it was its decision to use ratepayers' money to seek legal advice and those costs. I did not make that decision. The council made that decision and that is the course of action it took. It has a right to do that. I have explained very clearly the reasons, through this show-cause notice, that formed the basis on which I had a suspicion and a concern. I again remind members that that is in stark contrast to the lack of action when the former government was on this side of the house.

I seek to work with all local governments in Western Australia. I respect local government—I do—and I have said that consistently to the sector. However, it also means that we have to continue to strive for ongoing improvement, ongoing transparency and the delivery of quality services to the communities those local governments serve. That needs to be underpinned by a very effective, modern and agile piece of legislation, which we do not currently have in terms of its capacity to deliver those outcomes at this time. That is why this government, through me as the minister, is reviewing the act. That is why we have introduced legislation with three or four amendments to the act to assist us in doing that. That is what I will keep doing. I will keep making decisions. That is why I am here. The show-cause notice is one of the mechanisms that the minister of the day can act on regarding the concerns and suspicions the minister has that things might not be right in a particular local government.