Annual reports and registers
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 and Contributions to Travel Register of Notifiable Gifts
Councillors and the Chief Executive Officer are required to disclose gifts which are valued over $300 or are two or more gifts with a cumulative value of $300 (where the gifts are received from the same donor in a 12-month period) regulation 20A Local Government (Administration) Regulations 1996 within 10 days of receipt. (Sections 5.87A and 5.87B of the Local Government Act 1995.)
As per section 5.89A(5) of the Local Government Act 1995, the Chief Executive Officer is to record and publish the Register of Gifts disclosed under sections 5.87A and 5.87B.
This register contains disclosures of gifts worth more than $300 made by a relevant person, which includes designated people and Councillors. It also contains disclosures of contributions to travel made by a relevant person. For more information about gifts and contributions to travel, visit the Department of Local Government, Sporting and Cultural Industries website.
Register of Complaints of Minor Breaches
In accordance with regulation 34B of the Local Government (Administration) Regulations 1996, the Chief Executive Officer is required to keep a register of notifiable gifts and publish this on the local government's website.
A notifiable gift, in relation to a person who is an employee, means - (a) a gift worth between $50 and $300; or (b) a gift that is one of 2 or more gifts given to the employee by the same person within a period of 6 months that are in total worth between $50 and $300.
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 Councillor Fees 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 Councillors within the financial year.
Register of Primary and Annual Returns
The Councillor Fees and Allowances Register has amounts that includes:
- Annual Sitting Fee – Councillor $30,900.00 pa
- Annual Sitting Fee – Mayor $46,350.00 pa
- ICT Allowance – Councillor/Mayor $3,500.00 pa
- Mayoral Allowance $87,550.00 pa
- Deputy Mayor Allowance (25%) $21,887.50 pa
Council Member fees and allowances are determined by the Salaries and Allowances Tribunal according to 'band' classification for local governments in Western Australia. The City of Rockingham is classified by the tribunal as a 'band 1' local government.
Register of Electoral Gifts
The Local Government Act 1995 requires elected 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.
Elected 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 an elected 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 elected members and employees (by position) that lodged a primary return and annual return for each financial year, commencing after 1 July 2020.
Travel and Child Care Reimbursements
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.
Travel - Councillors are entitled to be reimbursed for travel expenses incurred in performing their functions. The rates of reimbursement are set by the State Government's Salaries and Allowances Tribunal and Councillors are required to submit a travel claim form which is then verified by staff before payment.
Child care - Under the Local Government (Administration) Regulations 1996 Councillors are to be reimbursed for child care costs incurred as a result of their attendance at Council or Committee meetings. The amount of reimbursement is determined by the Salaries and Allowances Tribunal.