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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2008-11-11 Daily Xml
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Ministerial Statement

COPPER COAST DISTRICT COUNCIL

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy) (14:26): I seek leave to make a ministerial statement about the Copper Coast District Council.

Leave granted.

The Hon. G.E. GAGO: As members may be aware, there has been considerable media attention in recent months about the Copper Coast District Council, particularly its decisions and processes in relation to the Wallaroo Town Centre development. I have received some complaints about these matters and, further, I am aware of concerns raised in the public arena via the media.

As Minister for State/Local Government Relations it is my responsibility to ensure the integrity of local council processes and practices in compliance with the Local Government Act 1999. To that end, the Office for State/Local Government Relations has been examining these concerns. As part of that process I requested that legal advice be sought from the Crown Solicitor's Office. The Crown Solicitor's Office considered that it required further information in relation to these matters and, therefore, instructed the Government Investigations Unit to acquire that information.

Recently, a representative from the Government Investigations Unit travelled to the Copper Coast Council to make inquiries. That representative will provide a report of the information obtained to the Crown Solicitor. On the advice of the Crown Solicitor's Office, at this point I have not commenced a formal investigation by appointing an investigator under section 272 of the Local Government Act 1999. It is imperative that due process be followed in these situations and that I make sound decisions based on thorough and comprehensive advice and information. Therefore, it is proper that I await advice from the Crown Solicitor on these matters before deciding on whether any further action is required.

It is also proper that the principles of procedural fairness be followed during any investigation and, therefore, I do not intend to comment on the inquiries being made by the Government Investigations Unit while these matters are still being looked at. If anyone has any evidence that is pertinent to these inquiries, I encourage them to provide that information to me or to contact my office. I wish to make it clear that I am committed to ensuring that councils practise good governance and deal diligently with any concerns that are raised.

I would also like to remind the council of work that is already being undertaken. An outcome of the recent meeting between the Office of State/Local Government Relations and the council is that the Chief Executive agreed to my proposal to have an independent legal due diligence and governance audit undertaken and also to conduct an intensive community consultation engagement workshop for its elected members and senior staff. I wrote to the Chief Executive in September this year confirming these actions and offering to assist the council to deliver the workshop to its elected members and senior staff. The council has accepted my offer and the workshop is planned to take place on 26 November 2008.

The legal due diligence and governance audit (being undertaken by Wallmans Lawyers) commenced on 29 October 2008. It will assess the council's statutory compliance with the Local Government Act and other relevant legislation. The audit report will identify any areas where the council is currently noncompliant with any legislative requirements. I expect that it will particularly focus on issues of prudential management and propriety.

I am advised that the legal due diligence and governance audit report will provide the council with its findings and an action plan to address any areas of noncompliance, as appropriate. The Office for State/Local Government Relations will be informed of the outcome of this audit and the resultant actions, process changes and training that might be required or recommended as a consequence.

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