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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-09-13 Daily Xml
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LOCAL GOVERNMENT CODE OF CONDUCT

The Hon. S.G. WADE (14:46): I seek leave to make a brief explanation before asking the Minister for State/Local Government Relations a question relating to codes of conduct.

Leave granted.

The Hon. S.G. WADE: Former deputy mayor of Tea Tree Gully council, councillor Lucas Jones, was elected to council on an election campaign bankrolled by the Shop Distributive and Allied Employees Association. Councillor Jones has recently been found to be in breach of the City of Tea Tree Gully's code of conduct for the third time.

The councillor was stood down from the deputy mayor position after he was found guilty of breaching the code of conduct in April 2011. He was stood down from all council committees from July to October of 2011 following the outcome of a second investigation. Councillor Jones still claims that he has done nothing wrong.

The Tea Tree Gully council resolved on an action plan for councillor Jones that included a personal development program, costing up to $10,000, and has repeatedly instructed councillor Jones to formally apologise for his actions. In addition, the council has continually asked councillor Jones to contribute $1,000 towards the cost of the investigations of the Local Government Governance Panel, funded by ratepayers.

In April 2011, the Local Government Association general meeting supported calls from the Tea Tree Gully council for a review of section 63 of the Local Government Act, to provide councils with greater information and clarity regarding the content of required codes of conduct and granting greater powers and legislation to investigate and sanction elected members who breach the code of conduct. My questions to the minister are:

1. Does the minister think that local government codes of conduct are adequate, given that a member of a council can repeatedly breach the codes but retain their position on council?

2. Has the minister undertaken a review of section 63 of the Local Government Act, as requested by the Local Government Association?

3. Does the minister consider that councillor Jones's behaviour is befitting an SDA-endorsed candidate?

The PRESIDENT: The question asked the minister for an opinion on a couple of occasions. The minister does not have to respond to that part of the question, if he does not wish to. The honourable minister.

The Hon. R.P. WORTLEY (Minister for Industrial Relations, Minister for State/Local Government Relations) (14:48): Thank you, Mr President. I understand that Tea Tree Gully council member, councillor Lucas Jones, has recently been found to have breached the council's code of conduct for the third time. I understand that the Tea Tree Gully council has referred four complaints of breaches of code of conduct by councillor Jones to the Local Government Governance Panel.

The panel has, as I understand it, investigated three complaints and provided reports to the council. The fourth matter was not proceeded with by the panel and was referred back to the council. The council has considered the reports from the governance panel and has resolved on an action in each case.

This has involved directing councillor Jones to apologise to relevant people, to undertake a personal development program and training and to remove him from council committees for a specified time. The council has also requested councillor Jones to compensate the council for a portion of the cost of the investigations and the personal development program. Councillor Jones was removed from his position as deputy mayor in April 2011 by resolution of council.

As I have previously advised the council, it is a priority of mine, and I have had quite a significant number of discussions with the Local Government Association, because I do not believe that the code of conduct, as currently exists, provides adequate provisions to prevent what you would say is bad behaviour by councillors.

It is my intention, with the Local Government Association, to release a discussion paper in the near future looking at various mechanisms and tools to provide to local government to be able to handle issues in the council from a very early stage, instead of letting them develop into major issues. I look forward to working with the Local Government Association; it has been very keen to work with me to handle this issue.

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