Local laws, Council policies and delegations

Local laws

Local laws provide local governments with powers to manage issues within their district, which helps meet the specific needs of their community. Local Laws are subsidiary legislation made by local governments under delegated powers from the Local Government Act 1995, Health Act 1911, Cat Act 2011, Dog Act 1976 and various other Acts. 

Public Notice of Proposed and Adopted Local Laws

City of Rockingham Fencing Local Law 2020

The City of Rockingham Fencing Local Law 2020 came in to effect on 9 April 2021. It was published in the Government Gazette on 26 March 2021 No. 55.

The purpose of this local law is to provide what constitutes a ‘sufficient fence’ for the purposes of the Dividing Fences Act 1961 and to state the materials to be used and safety measures to be undertaken in relation to some types of fencing. The effect of the local law is that fencing in the district will need to comply with the definition of a ‘sufficient fence’ as stipulated in the local law and its other provisions.

In July 2021 Council resolved to undertake to the Joint Standing Committee on Delegated Legislation that the City:

(1)       Within six months, amend the local law to:

            (a)       Correct the typographical error and other errors in clauses 1.5; 2.6(3)(1) and 6.1.

            (b)       Delete either clause 2.7(2) or clause 4.1(1)(b)

            (c)       Ensure the title of the local law reflects the year in which it was made.

(2)       Provide clarification about the reference to ‘sufficient fence’ in clause 4.1(1)(b).

(3)       Provide information on how the Australian standards can be accessed by residents free of charge.

(Customers can contact the Building Department to request to view Australian Standards relevant to Fencing)

(4)       Until the local law is amended, the City will not enforce the local law contrary to undertaking 1.

(5)       Ensure all consequential amendments arising from the undertaking will be made.

(6)       Where the local law is publicly available by the City, whether in hard copy or electronic form, ensure that it is accompanied by a copy of the undertaking.

The local law and the undertakings can be viewed in the Fencing section below. 

Council policies

Council policies are developed to meet the needs of Council and are adopted by the Council. These policies are wide ranging across many of the City's services and responsibilities, and reviewed periodically. A list of our policies is available below. You may also be interested in planning policies, procedures and information.

Code of Conduct

The Local Government (Model Code of Conduct) Regulations 2021 were established on 3 February 2021 and provide the minimum legislative requirements in respect to the conduct of council members, committee members and candidates.

Council has adopted the City of Rockingham Code of Conduct for Council Members, Committee Members and Candidates which comprises these legislative requirements. 

The Code includes three Divisions relating to conduct:

• Division 2 - General Principles
• Division 3 – Behaviour
• Division 4 – Rules of Conduct

Complaints related to breaches of Division 3 – Behaviour are dealt with by the local government. Complaints should be submitted to the Complaints Officer on the Code of Conduct Breach Form within one month of the incident.

Council Policy - Code of Conduct Complaints Management Process outlines the manner in which Division 3 - Behaviour complaints are managed and how a determination is made. The City's principles in dealing with complaints are:

• confidentiality
• timeliness
• natural justice and due process
• fairness and impartiality.

Complaints related to Division 4 - Rules of Conduct are dealt with by the Local Government Standards Panel. An overview of the complaint process and the complaint form can be found at the Department of Local Government Sport and Cultural Industries. Any complaint for Division 4 should be on the appropriate form and sent to the CEO as the Complaints Officer.

The City of Rockingham Code of Conduct 2009 (Employee Code of Conduct) remains the standard for behaviour of employees. Any complaints regarding the behaviour of employees should be directed to the CEO.

Delegations

Local governments are required to make numerous decisions every day.

​In practice, in order to enable local governments to focus on strategic issues and reduce the amount of meeting time required, local governments are able to delegate many of those decisions so we can respond more effectively to the community and provide for timely, consistent decision making.

​The Delegated Authority Register provides information about where the power to delegate is derived from, including legislation and policies of Council. The register is reviewed annually in accordance with the Local Government Act 1995.

Objections and review

There are some circumstances in which a person who is affected by a decision made by the City has a right to object to the decision and/or apply to have the decision reviewed. The flowchart below summarises this process.