Annual reports and governance registers
The following registers are provided in accordance with the Local Government Act 1995.
Local Government Act 1995 Section 5.90. Offence to publish information in certain cases
(1) A person must not publish —
(a) any information derived from a register of financial interests or register of gifts unless that information constitutes a fair or accurate report or summary of information contained in the register and is published in good faith; or
(b) any comment on the facts set forth in a register of financial interests or register of gifts unless that comment is fair and published in good faith.
Penalty: $5000 or imprisonment for 1 year.
(2) In subsection (1) — publish has the meaning that the term has in the law of tort (as modified by the Defamation Act 2005) relating to defamation.
Register of Gifts Register of Complaints of Minor Breaches
The Gifts Register contains those disclosures of gifts that have been made by Council Members and the Chief Executive Officer in their official capacity which are valued over $300.00 or are two or more gifts with a cumulative value over $300.00 (where the gifts are received from the same donor in a 12 month period).
The Local Government Act 1995 requires the Chief Executive Officer to publish an up to date version of the Gifts Register on the City’s website within 10 days after a disclosure is made. To protect the privacy of individuals, the version of the register published on the website does not include the address disclosed by an individual donor and will instead include the town or suburb mentioned in the address.
Register of Council Member Training
As per section 5.121(3) of the Local Government Act 1995, the Chief Executive Officer is to publish an up-to-date version of the register of complaints on the local government’s official website. This register records all complaints that result in a finding under section 5.110(2)(a) that a minor breach occurred.
Register of Council Member Fees, Expenses and Allowances
As per section 5.127(1) and (2) of the Local Government Act 1995, the Chief Executive Officer is to publish a report each financial year detailing the training completed by Council Members within the financial year.
Register of Primary and Annual Returns
The Local Government (Administration) Regulations 1996 require the City to publish a register of any fees, expenses or allowances paid to each Council Member for each financial year since 1 July 2020.
The allowances, fees and expenses for Council Members are determined by the Salaries and Allowances Tribunal. As at 1 July the allowances and fees for Council Members are as follows:
- Annual Sitting Fee – Councillor $32,960.00 pa
- Annual Sitting Fee – Mayor $49,435.00 pa
- Mayoral Allowance $93,380.00 pa
- Deputy Mayor Allowance (25%) $23,345.50 pa
- ICT Allowance – Councillor/Mayor $3,500.00 pa
In accordance with Schedule 1 of the Salaries and Allowances Tribunal, the City of Rockingham is a Band 1 local government.
Register of Electoral Gifts
The Local Government Act 1995 requires Council Members and employees to make decisions in the best interests of the community, and decision-making must be transparent, accountable and free from bias or conflicts of interest.
Council Members and employees with delegated authority must disclose certain personal information when they commence at the City and every subsequent year while either elected, or employed at the City. These disclosures are called primary returns and annual returns.
A primary return is a snapshot of personal financial information as it exists upon the start date of a Council Member or an employee. An annual return retrospectively discloses any changes to the information previously disclosed, or any new interest information to disclose since completing their last return.
In accordance with the Local Government Act 1995 and the Local Government (Administration) Regulations 1996, local governments are required to publish a list of Council Members and employees (by position) who lodged a primary return and annual return for each financial year, commencing after 1 July 2020.
Extract Local Government (Elections) Regulations 1997
Regulation 30G. Register
(1) The CEO is to establish and maintain an electoral gift register.
(2) The CEO is to ensure that all ‘disclosure of gifts’ forms completed by candidates and donors and received by the CEO are placed on the electoral gift register -
(a) upon receipt by the CEO; and
(b) in a manner that clearly identifies and distinguishes the forms relating to each candidate.
(3) When the period under regulation 30C (six months before election day and three days after, or on the start day for successful candidates) has concluded in relation to any election, the CEO is to remove any ‘disclosure of gifts’ forms relating to an unsuccessful candidate from the electoral gift register, and retain those forms separately for a period of at least 2 years.
(4) When a successful candidate completes the term of office resulting from an election, the CEO is to remove any ‘disclosure of gifts’ forms relating to that person for that election from the electoral gift register, and retain those forms separately for a period of at least 2 years.