Local Government (Meeting Procedures) Regulations 2005

Local Government (Meeting Procedures) Regulations 2005

I, the Administrator in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Local Government Act 1993 .

E. C. CRAWFORD

Administrator

By His Excellency's Command,

J. G. COX

Minister Assisting the Premier on Local Government

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Local Government (Meeting Procedures) Regulations 2005 .

2.   Commencement

These regulations take effect on 1 July 2005.

3.   Interpretation

In these regulations –

Act means the Local Government Act 1993 ;

associated reports and documents means reports and documents relating to an item on the agenda of a meeting;

chairperson means the person who chairs a meeting;

closed meeting is part or all of a meeting which is closed under regulation 15 ;

commissioner means a person appointed as such under section 230 of the Act;

council committee meeting means a meeting of a council committee;

council meeting means an ordinary or special meeting of a council;

council workshop means a workshop, seminar or meeting, other than a meeting that is conducted by or on behalf of the council for the councillors;

meeting means –

(a) a council meeting; and

(b) a council committee meeting;

pecuniary interest means any pecuniary benefits or pecuniary detriment.

PART 2 - Meetings

Division 1 - Convening and agendas

4.   Convening meetings of council

(1)  The mayor of a council may convene council meetings.

(2)  The general manager of an existing council is to convene the first ordinary meeting of a council following an ordinary election.

(3)  The Minister is to convene the first ordinary meeting of a newly established council on a date determined by the Minister.

(4)  An ordinary meeting of a council is to be held at least once in each month.

(5)  The general manager is to convene an ordinary meeting of a council if the mayor has not convened such a meeting in the previous calendar month.

(6)  The mayor of a council, or the general manager if the mayor has not done so, must convene a special meeting of the council at the request of a majority of councillors.

(7)  A request for a special meeting of a council must –

(a) be in writing and signed by the councillors; and

(b) include details of the subject matter and any motion to be dealt with by the meeting; and

(c) be lodged with the mayor.

(8)  The mayor of a council, or the general manager if the mayor has not done so, must convene a special meeting of the council if the council so determines.

5.   Convening meetings of council committee

(1)  The chairperson of a council committee may convene a meeting of that committee.

(2)  The chairperson of a council committee must convene a meeting of that committee if the council committee or the council so determines.

6.   Times of meetings

(1)  A meeting is not to start before 5 p.m. unless otherwise determined by the council by absolute majority or by the council committee by simple majority.

(2)  After each ordinary election, a council and a council committee are to review the times of commencement of meetings.

7.   Notice of meetings

(1)  The general manager is to give councillors a notice in writing of the time and place of a meeting –

(a) at least 4 days but not more than 14 days before an ordinary meeting; or

(b) at least 2 days but not more than 14 days before a special meeting.

(2)  The general manager is to publish a notice in a daily newspaper or other newspaper prescribed in the Local Government (General) Regulations 2005 circulating in the municipal area of the time and place of a meeting –

(a) at least 4 days and not more than 14 days before an ordinary meeting; or

(b) at least 2 days and not more than 14 days before a special meeting.

(3)  A notice in relation to a special meeting is to –

(a) state whether any part or all of the meeting is likely to be a closed meeting; and

(b) if the meeting is not likely to be a closed meeting, include details of the items to be discussed at that meeting or part of the meeting that is not a closed meeting.

(4)  The periods referred to in this regulation include Saturdays, Sundays and public holidays but do not include –

(a) the day on which a notice is given under subregulation (1) ; and

(b) the day of the meeting.

8.   Agenda

(1)  The general manager is to –

(a) prepare an agenda for each meeting; and

(b) provide each councillor with the agenda together with any associated reports and documents at least –

(i) 2 days before a special meeting; and

(ii) 4 days before an ordinary meeting.

(2)  The agenda of an ordinary meeting of a council is to provide for, but is not limited to, the following items:

(a) attendance and apologies;

(b) confirmation of the minutes;

(c) the date and purpose of any council workshop held since the last meeting;

(d) applications for leave of absence;

(e) declarations of any pecuniary interest of a councillor or close associate;

(f) public question time;

(g) any reports to be received;

(h) any matter to be discussed at the meeting.

(3)  The general manager is to arrange the agenda so that the items to be dealt with by a council or council committee as a planning authority are sequential.

(4)  The business of a meeting is to be conducted in the order in which it is set out in the agenda of that meeting, unless the council by absolute majority, or the council committee by simple majority, determines otherwise.

(5)  Subject to subregulation (6) , a matter may only be discussed at a meeting if it is specifically listed on the agenda of that meeting.

(6)  A council by absolute majority, or a council committee by simple majority, may decide at an ordinary meeting to deal with a matter that is not on the agenda if the general manager has reported –

(a) the reason it was not possible to include the matter on the agenda; and

(b) that the matter is urgent; and

(c) that advice has been provided under section 65 of the Act.

(7)  The chairperson is to request councillors to indicate whether they have, or are likely to have, a pecuniary interest in any item on the agenda.

(8)  The periods referred to in subregulation (1) include Saturdays, Sundays and public holidays but do not include –

(a) the day on which a notice is given under regulation 7(1) ; and

(b) the day of the meeting.

9.   Public access to documents

(1)  As far as practicable, the general manager is to make available at the public office or at the website of the council to members of the public free of charge a copy of the agenda of a meeting at least –

(a) 2 days before a special meeting; or

(b) 4 days before any other meeting.

(2)  Copies of any associated reports and documents, other than an extract relating to any matter referred to in regulation 15(2) , are to be made available for public inspection at least –

(a) 2 days before a special meeting; or

(b) 4 days before any other meeting.

(3)  The general manager must withhold from the public any associated reports and documents which, in the opinion of the general manager, relate to any matter likely to be referred to in regulation 15(2) .

(4)  A copy of the agenda of a meeting is to be made available free of charge to members of the public attending the meeting.

(5)  Any report or document not withheld under subregulation (3) is to be made available for public inspection at a meeting.

(6)  Any report or document withheld under subregulation (3) and considered at a closed meeting is exempt information under the provisions of the Freedom of Information Act 1991 .

(7)  The periods referred to in this regulation include Saturdays, Sundays and public holidays but do not include –

(a) the day on which a notice is given under regulation 7(1) ; and

(b) the day of the meeting.

10.   Chairperson

(1)  The mayor or, in his or her absence, the deputy mayor is the chairperson at a meeting of a council.

(2)  If both the mayor and the deputy mayor are not present at a meeting of a council, the councillors present are to elect one of the councillors present to be the chairperson at that meeting.

(3)  A council may –

(a) elect a member of a council committee as chairperson of that council committee; or

(b) delegate that power of election to the members of the council committee.

(4)  If the chairperson is absent from a council committee meeting, the councillors present who are members of that council committee are to elect one of their members present to be the chairperson at that meeting.

(5)  If the chairperson has moved or seconded a motion, the chairperson is to vacate the chair until the motion has been dealt with.

11.   Quorum

(1)  A meeting may only transact business if a quorum is present.

(2)  The quorum at a council meeting is an absolute majority.

(3)  The quorum at a council committee meeting is the simple majority of such number of councillors who are members of the committee as the council determines.

(4)  If a meeting lacks a quorum because a councillor declares a pecuniary interest and must leave the meeting, the Minister may permit the councillor to remain at that meeting or at a later meeting when the matter is next considered to make up a quorum on condition that the councillor does not take part in any discussion or vote on the matter.

(5)  The details of any permission given by the Minister are to be noted in the minutes.

(6)  If at any time during a meeting the required quorum is no longer present, the chairperson is to adjourn the meeting –

(a) until the quorum is present or until a later date; or

(b) unless the quorum is likely to be present for the next item of business.

(7)  If there is no quorum at 3 consecutive council meetings, the general manager is to report the matter to the Minister.

12.   Abandoned meetings

(1)  If a quorum is not present within half an hour after a meeting is to start, the meeting is to be abandoned.

(2)  If a council meeting is abandoned because of the lack of a quorum, the general manager is to record the following details as the minutes of that meeting, even though business could not be transacted at that meeting:

(a) the absence of a quorum;

(b) the abandonment of the meeting and the time of abandonment;

(c) the names of the councillors present at the time of abandonment.

(3)  The mayor is to –

(a) convene another council meeting within 14 days after the abandonment of the meeting to deal with the business that was to be dealt with at the meeting; and

(b) give notice of the meeting in accordance with regulation 7 .

(4)  If 3 consecutive council meetings have been abandoned, the general manager must report the matter to the Minister.

13.   Adjournments

(1)  The chairperson, at any time during a meeting, may adjourn the meeting –

(a) to a later date; or

(b) to a later time on the same day.

(2)  If a meeting is adjourned, the chairperson is to ensure that any business of the meeting not then disposed of is given precedence at the resumption of the adjourned meeting or at the next ordinary meeting.

(3)  At the adjournment of a meeting, the chairperson is to advise the councillors present of the date and time when the meeting is to be resumed.

(4)  If a meeting is adjourned, the general manager is to advise the councillors not present at the meeting –

(a) that the meeting was adjourned; and

(b) the date and time of the resumption of the meeting.

(5)  The reason for the adjournment of a meeting is to be recorded in the minutes.

(6)  If a meeting is adjourned for a period which would allow a special meeting to be convened, the general manager is to publish in a daily newspaper or other newspaper prescribed in the Local Government (General) Regulations 2005 circulating in the municipal area a notice stating –

(a) that the meeting has been adjourned; and

(b) the date and time of the resumption of the meeting.

14.   Open meetings

A meeting is to be open to the public unless closed under regulation 15 .

15.   Closed meetings

(1)  A council by absolute majority, or a council committee by simple majority, may close a meeting or part of a meeting to the public only for a reason specified in subregulation (2) .

(2)  A meeting or part of a meeting may be closed to the public when any one or more of the following matters are being or are to be discussed:

(a) personnel matters, including complaints against an employee of the council;

(b) industrial matters relating to a person;

(c) contracts for the supply and purchase of goods or services;

(d) the security of property of the council;

(e) proposals for the council to acquire land or an interest in the land or for the disposal of land;

(f) information provided to the council on the condition it is kept confidential;

(g) trade secrets of private bodies;

(h) matters relating to actual or possible litigation taken by or involving the council or an employee of the council;

(i) applications by councillors for leave of absence;

(j) the personal affairs of any person.

(3)  Unless subregulation (4) applies, a council or council committee must not close a meeting or part of a meeting when it is –

(a) acting as a planning authority under the Land Use Planning and Approvals Act 1993 ; or

(b) considering whether or not to grant a permit under that Act; or

(c) considering proposals for the council to deal with public land under section 178 of the Act.

(4)  A council or council committee may close a meeting when it is acting or considering as referred to in subregulation (3) if it is to consider any matter relating to actual or possible legal action taken by, or involving, the council.

(5)  If a council or council committee closes a meeting or part of a meeting, the grounds for the closure are to be recorded in the minutes.

(6)  The chairperson –

(a) is to exclude members of the public from a closed meeting; and

(b) may exclude the general manager from a closed meeting if the matter to be discussed relates to the contract of employment or the performance of the general manager; and

(c) may invite any person to remain at the meeting to provide advice or information.

(7)  The chairperson may –

(a) authorise the removal of any person from a closed meeting if that person refuses to leave; and

(b) request the assistance of a police officer to remove that person.

(8)  A council or council committee by simple majority may re-open a closed meeting to the public.

(9)  Any discussions, decisions, reports or documents relating to a closed meeting are to be kept confidential unless the council or council committee, after considering privacy and confidentiality issues, authorises their release to the public.

Division 2 - Motions

16.   Motions

(1)  The chairperson may require a councillor intending to move a motion during a meeting to provide a copy of the motion in writing.

(2)  The chairperson of a council meeting is not to allow a motion to be debated or otherwise dealt with unless it has been moved by one councillor and seconded by another councillor.

(3)  The chairperson of a council committee meeting may waive the requirement for a motion to be seconded.

(4)  A councillor moving a motion for an adjournment of the debate on the original motion is to include in the motion the reason for the adjournment.

(5)  A councillor may give written notice of a motion, together with supporting information and reasons, to be included on the agenda of the next meeting to the general manager at least 7 days before the meeting.

(6)  The general manager, after consultation with the chairperson, may refuse to accept a written motion that, in their opinion –

(a) is defamatory; or

(b) contains offensive language; or

(c) is unlawful.

(7)  A councillor who has given notice of a motion that has not been refused under subregulation (6) is to move the motion at the meeting, otherwise it lapses.

(8)  A councillor who has moved a motion, whether it is being debated or not, may only withdraw the motion –

(a) with the consent of the seconder, if a seconder is required; or

(b) with the consent of the meeting.

(9)  The chairperson may refuse to accept a motion of which written notice has not been given if, in the opinion of the chairperson, the motion –

(a) is defamatory; or

(b) contains offensive language; or

(c) is unlawful.

(10)  The period referred to in subregulation (5) includes Saturdays, Sundays and public holidays but does not include –

(a) the day on which notice is given under that subregulation; and

(b) the day of the meeting.

17.   Motions to amend motions

(1)  A councillor may move a motion to amend a motion, unless the councillor has moved or seconded that motion.

(2)  A councillor is not to move a motion to amend a motion while a previous motion to amend that motion is before the meeting.

(3)  If a motion to amend a motion is resolved in the affirmative, the original motion, as amended, is then the motion before the meeting.

(4)  The chairperson may refuse to accept more than 2 motions to amend a motion.

18.   Motion to overturn decision

(1)  A council or council committee must not overturn a decision passed at a previous meeting held since the last ordinary election, except –

(a) by a resolution of an absolute majority, in the case of a council; or

(b) by a resolution of a simple majority, in the case of a council committee.

(2)  Any advice given to a council in respect of a proposed motion to overturn a resolution is to include advice as to whether or not –

(a) the original resolution directed that certain action be taken; and

(b) that action has been wholly or substantially carried out.

19.   Discussion of resolved matter

(1)  The chairperson may only allow a matter in respect of which a decision was made earlier at a meeting to be discussed again at that meeting if –

(a) in the opinion of the chairperson, the vote may not have accurately reflected the opinion held by the meeting due to misunderstanding of the motion or for some other reason; or

(b) new information comes to hand; or

(c) in the opinion of the chairperson, some vital information has been overlooked.

(2)  A motion that a matter be allowed to be discussed again under subregulation (1) is to be made and voted for in favour before the matter may be discussed.

20.   Procedural motions

(1)  The following or their negatives are procedural motions:

(a) that the motion be now put;

(b) that the matter be deferred;

(c) that the matter of the motion be referred to a committee;

(d) that the meeting be now adjourned;

(e) that the meeting be closed to the public.

(2)  Regulation 16(2) applies to a procedural motion.

(3)  The chairperson is to –

(a) consider a procedural motion in precedence over all other business; and

(b) accept or reject that motion.

(4)  If the chairperson accepts a procedural motion –

(a) no discussion on the motion is to be allowed; and

(b) the motion is to be put to the vote.

(5)  If the chairperson rejects a motion, the chairperson is to give reasons for the rejection.

(6)  A councillor must not move a motion of dissent against a ruling by the chairperson under subregulation (3) .

(7)  If the procedural motion is that the meeting be adjourned, the chairperson is to allow discussion only on the date, time and place of resumption of the meeting.

(8)  If the chairperson does not accept a procedural motion or the vote in respect of a procedural motion is lost, the chairperson –

(a) is to allow discussion on the original motion to be resumed; and

(b) is not to permit a similar procedural motion to be moved until at least one councillor has addressed the meeting on the original motion.

21.   Addressing council

(1)  A person is to refer to the chairperson by his or her title.

(2)  If 2 or more councillors wish to address a meeting of the council, the chairperson is to decide the order in which they are to do so.

(3)  The council may resolve that this regulation applies to a council committee.

(4)  If a councillor is addressing a meeting of a council, another councillor is not to converse aloud or interrupt the speaker or interject, except to call attention to a point of order or to call attention to the want of a quorum.

22.   Debate

(1)  A councillor in addressing a council meeting is not to digress from the subject under discussion.

(2)  A councillor may speak once to a motion at any time after the motion has been moved and seconded.

(3)  A councillor is not to speak for more than 5 minutes on a motion.

(4)  A councillor may seek leave of council to speak on a motion for a further period of up to 3 minutes at any one time on a motion.

(5)  A councillor who moves a motion –

(a) has a right of reply for up to 3 minutes; and

(b) is not to introduce any new information in exercising that right.

(6)  A councillor who moves a motion loses the right of reply if a motion that the motion be put is passed.

(7)  The chairperson may invite the general manager or an employee of the council to provide further qualified advice to the meeting on any item on the agenda or incidental to the agenda.

(8)  The chairperson may note a foreshadowed motion given by a councillor.

(9)  If the council so decides, the chairperson is to suspend the operation of this regulation.

(10)  The council may resolve that this regulation applies to a council committee meeting.

23.   Point of order

(1)  A councillor may raise a point of order if –

(a) a councillor speaking raises an issue that is irrelevant to the motion being discussed; or

(b) a councillor speaking is being interrupted or distracted; or

(c) the councillor is of the opinion that a meeting procedure is contrary to the Act or these regulations; or

(d) the councillor has been misrepresented during the debate; or

(e) a statement is made by a councillor speaking that is offensive to a councillor or to another individual.

(2)  A councillor who is interrupted by the taking of a point of order is to cease speaking.

(3)  The chairperson is to deal with a point of order as soon as it is raised and before the meeting resumes to deal with other business.

(4)  The chairperson's ruling on a point of order –

(a) is not to be questioned; and

(b) is binding on the meeting.

24.   Personal explanation

(1)  The chairperson may allow a councillor to explain a matter of a personal nature in the absence of a motion on the matter if, in the opinion of the chairperson, it is in the interests of the councillor and the council or the council committee to do so.

(2)  An explanation –

(a) is not to include reference to any matter that, in the opinion of the chairperson, is not relevant to the explanation; and

(b) although it may be referred to in debate, is not to be the subject of debate.

25.   Acting as planning authority

(1)  If a council or council committee intends to act at a meeting as a planning authority under the Land Use Planning and Approvals Act 1993 , the chairperson is to advise the meeting accordingly.

(2)  The general manager is to ensure that the reasons for a decision by a council or council committee acting as a planning authority are recorded in the minutes.

Division 3 - Voting

26.   Votes

(1)  At a council meeting, each councillor, including the chairperson, has one vote.

(2)  At a council committee meeting, the chairperson, and a councillor who is a member of the council committee or who is filling a vacancy at the meeting at the request of the council committee, has one vote.

27.   Voting procedure

(1)  Immediately after discussion on a motion is finished, the chairperson is to –

(a) put the motion to the vote, first in the affirmative, then, if necessary, in the negative; and

(b) put the motion as often as is necessary to enable the chairperson to declare the result.

(2)  The chairperson is to take the vote by any means the council determines.

(3)  The chairperson is to ensure that the vote of each councillor is recorded in the minutes.

(4)  Voting at a meeting may be conducted by secret ballot if the purpose is to select a person to represent the council on a committee or other body.

28.   Determination of voting

(1)  A motion at a meeting is determined by a simple majority of votes unless an absolute majority is required.

(2)  To abstain from voting is to vote in the negative.

(3)  A tied vote results in a motion being determined in the negative.

Division 4 - Questions

29.   Questions without notice

(1)  A councillor at a meeting may ask a question without notice of the chairperson or, through the chairperson, of –

(a) another councillor; or

(b) the general manager.

(2)  In putting a question without notice, a councillor must not –

(a) offer an argument or opinion; or

(b) draw any inferences or make any imputations –

except so far as may be necessary to explain the question.

(3)  The chairperson must not permit any debate of a question without notice or its answer.

(4)  The chairperson, councillor or general manager who is asked a question without notice may decline to answer the question.

(5)  The chairperson may refuse to accept a question if it does not relate to the activities of the council.

(6)  Questions without notice, and any answers to those questions, are not required to be recorded in the minutes.

(7)  The chairperson may require a councillor to put a question without notice in writing.

30.   Questions on notice

(1)  A councillor, 7 days before an ordinary meeting of a council or council committee, may give written notice to the general manager of a question in respect of which the councillor seeks an answer at that meeting.

(2)  An answer to a question on notice must be in writing.

31.   Public question time

(1)  A member of the public may give written notice to the general manager 7 days before an ordinary meeting of a council of a question to be asked at that meeting.

(2)  The chairperson may –

(a) address questions on notice submitted by members of the public; and

(b) invite any member of the public present at an ordinary meeting to ask questions relating to the activities of the council.

(3)  The chairperson at an ordinary meeting of a council must ensure that, if required, at least 15 minutes of that meeting is made available for questions by members of the public.

(4)  A question by any member of the public under this regulation and an answer to that question are not to be debated.

(5)  The chairperson may –

(a) refuse to accept a question; or

(b) require a question to be put on notice and in writing to be answered at a later meeting.

(6)  If the chairperson refuses to accept a question, the chairperson is to give reasons for doing so.

(7)  A council is to determine any other procedures to be followed in respect of question time.

(8)  The period referred to in subregulation (1) includes Saturdays, Sundays and public holidays but does not include –

(a) the day on which notice is given under that subregulation; and

(b) the day of the meeting.

Division 5 - Minutes

32.   Minutes

(1)  Subject to regulation 34(1) , the general manager is to ensure that the minutes of a meeting accurately record the following:

(a) any matter discussed at the meeting;

(b) any decision made at the meeting;

(c) if required by the Act, that the decision was by absolute majority;

(d) any deputation made under regulation 38 ;

(e) any motion moved during the meeting;

(f) any question on notice by a councillor that is answered and the answer to that question;

(g) any question asked and put in writing during the period referred to in regulation 31(3) and any written answer or summary of that answer to that question;

(h) the attendance of councillors;

(i) any absence of any councillor during the meeting, including the times of leaving and returning to the meeting.

(2)  The general manager is to ensure –

(a) that copies of the minutes of meetings are kept as records of the council; and

(b) that they are available to councillors.

33.   Audio recording of meetings

(1)  A council may determine that an audio recording is to be made of any meeting or part of a meeting.

(2)  If the council so determines, the audio recording of a meeting or part of a meeting that is not closed to the public is to be  –

(a) retained by the council for at least 6 months; and

(b) made available for listening on written request by any person.

(3)  The minutes of a meeting, once confirmed, prevail over the audio recording of the meeting.

(4)  A council may determine any other procedures relating to audio recording of meetings it considers appropriate.

34.   Minutes of closed meeting

(1)  In respect of any matter discussed at a closed meeting, the general manager –

(a) is to record in the minutes of the open meeting, in a manner that protects confidentiality, only the fact that the matter was discussed; and

(b) is not to record the details of the outcome unless the council or council committee determines otherwise.

(2)  The general manager is to record in the minutes of the closed part of an ordinary meeting or special meeting the matters listed in subregulation (1) .

(3)  The minutes of a closed meeting are to be kept confidential unless the council or council committee, after considering privacy and confidentiality issues, authorises the matters to be released to the public.

(4)  If the general manager is excluded from a closed meeting, the chairperson of the meeting is to direct a person to record the minutes of the meeting.

(5)  The minutes and associated reports and documents relating to matters discussed at a closed meeting are exempt information under the provisions of the Freedom of Information Act 1991 .

35.   Circulation and inspection of minutes

(1)  As soon as practicable, but at least at the next ordinary meeting, the minutes of a meeting –

(a) are to be circulated to all councillors; and

(b) after any necessary correction, are to be confirmed as a true record at the next ordinary meeting by a council or council committee and signature of the chairperson.

(2)  The general manager is to ensure that the minutes and copies of any extract from the minutes of a meeting are available for inspection or for purchase on payment of the fee specified in Schedule 1 .

(3)  The general manager may withhold from purchase any extract from the minutes of a meeting –

(a) for which the council does not own the intellectual property; or

(b) which contains information provided to the council on the condition that it be not made available.

36.   Confirming minutes

In confirming the minutes of a meeting, debate is allowed only in respect of the accuracy of the minutes.

PART 3 - General provisions

37.   Other procedures

A council may determine any other procedures relating to meetings it considers appropriate.

38.   Deputations

(1)  The chairperson of a meeting, including a closed meeting, may invite a person –

(a) to address the meeting; and

(b) to make statements or deliver reports.

(2)  An invitation under subregulation (1) may be subject to any condition the council may impose on deputations.

39.   Leave of absence

(1)  A councillor, or the mayor on behalf of a councillor, may request leave of absence in respect of one or more meetings.

(2)  A council may decide to grant a request for leave of absence.

(3)  Leave must not be granted retrospectively.

(4)  The purpose of the leave and the period involved are to be recorded in the minutes.

40.   Suspension from meeting

(1)  The chairperson may suspend a councillor from part or all of a meeting if the councillor –

(a) makes a personal reflection about another councillor or an employee of the council and refuses to apologise; or

(b) interjects repeatedly; or

(c) disrupts the meeting and disobeys a call to order by the chairperson.

(2)  Before deciding to suspend a councillor, the chairperson is to –

(a) advise the councillor accordingly and the reasons for the proposed suspension; and

(b) give the councillor an opportunity to argue against the suspension or to apologise.

(3)  If, after considering any argument or apology from a councillor under subregulation (2) , the chairperson decides to suspend the councillor, the councillor –

(a) must leave the meeting; and

(b) must not attend the meeting while suspended.

Penalty:  Fine not exceeding 10 penalty units.

(4)  The chairperson may request the assistance of a police officer to remove a councillor who refuses to leave a meeting as required under subregulation (3)(a) .

41.   Offences

(1)  A member of the public must not hinder or disrupt a meeting.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The chairperson may take reasonable steps to remove a person from a meeting if the person hinders or disrupts, or tries to hinder or disrupt, the meeting.

(3)  A member of the public must leave a closed meeting unless invited to remain.

Penalty:  Fine not exceeding 10 penalty units.

(4)  The chairperson may request the assistance of a police officer to remove a person who refuses to leave a meeting as required under subregulation (3) .

42.   Application of regulations to commissioner

(1)  These regulations apply as far as practicable to a commissioner but the commissioner may vary those meeting procedures if the commissioner considers it necessary to do so.

(2)  If a commissioner varies the meeting procedures, the commissioner is to –

(a) table a copy of those meeting procedures; and

(b) conduct council meetings and council committee meetings in accordance with the tabled meeting procedures.

(3)  The commissioner is to ensure that a copy of the varied meeting procedures are available during business hours for public scrutiny at the public office and at any council meeting.

SCHEDULE 1 - Fees

Regulation 35(2)

1.   The fee payable for the purchase of the minutes of a meeting or copies of any extract from the minutes of a meeting is an amount not exceeding 1 fee unit for every 5 pages.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 29 June 2005

These regulations are administered in the Department of Premier and Cabinet.