Register for Complaints

Local Government Act 1995

The Local Government Act 1995 requires a Register of Complaint be maintained.

Section 5.121(1)

The complaints officer for each local government is required to maintain a register of complaints which records all complaints that result in finding under section 5.110(6)(b) that a minor breach has occurred.

Section 5.121(2)

The register of complaints is to include, for each recorded complaint:

(a) the name of the council member about whom the complaint is made
(b) the name of the person who makes the complaint
(c) a description of the minor breach that the standards panel finds has occurred, and
(d) details of the action taken under section 5.110(6).

Section 5.121(3)

The CEO must publish an up-to-date version of the register of complaints on the local government's official website.
 
Date of Hearing Name of Council Member whom the complaint is about Name of Person who made the complaint Description of Minor Breach determined by Standards Panel Details of action taken under Section 5.110(6)
29 January 2020
(SP 2019-077)
Councillor Lee-Anne Smith Stephen Cain, CEO Councillor Lee-Anne Smith ("Cr Smith"), a Council member of the City of Cockburn ("the City") committed one breach of regulation 7(1)(a) of the Local Government (Rules of Conduct) Regulations 2007 (WA) ("the Regulations") when on 9 August 2019 she made false comments in an interview on ABC Radio Perth in respect to a notice of motion raised by her in relation to off-road motor vehicle use which was discussed (but not passed) at the Ordinary Council Meeting of 8 August 2019. Councillor Lee-Anne Smith:

1.   a Councillor for the City of Cockburn publicly apologise to the Council and the City, as specified in paragraphs 2 and 3 below.
2.   At the Ordinary Council meeting first occurring after the expiration of 28 days from the date of service of this Order on her, Councillor Smith shall:
a.  attend the relevant ordinary Council meeting;
b.  ask the presiding person for his or her permission to address the meeting to make a public apology to the public;
c   make the apology immediately after Public Question Time or during the Announcements part of the meeting, or at any other time when the meeting is open to the public, as the presiding person thinks fit; and
d.  address the Council and public as follows, without saying any introductory words before the address, and without making any comments or statement after the address:
 
I advise this meeting that:
i.    A complaint was made to the Local Government Standards Panel, in which it was alleged that I contravened the Local Government (Rules of Conduct) Regulations 2007 (WA) when I made false comments in an interview on ABC Radio Perth in respect to a notice of motion raised by me in relation to off road motor vehicle use which was discussed (but not passed) at the Ordinary Council Meeting of 8 August 2019.
ii.   The Panel found that by behaving in this manner I made improper use of my office as Councillor with the intention of advantaging myself thereby committing one breach of Regulation 7(1)(a) of the Local Government (Rules of Conduct) Regulations 2007.
iii.   I accept that I should not have acted in such a manner and I apologise to the Council and the City for having done so.
 
3.   If Cr Smith fails or is unable to comply with the requirements of paragraph 2 above then within the next 28 days following the Ordinary Council meeting referred to in paragraph 2, she shall cause the following notice of public apology to be published in no less than 10 point print, as a one-column or two-column display advertisement in the first 10 pages of the “Cockburn Gazette” newspaper.
 
PUBLIC APOLOGY BY COUNCILLOR LEE-ANNE SMITH
 
A complaint was made to the Local Government Standards Panel, in which it was alleged that I contravened the Local Government (Rules of Conduct) Regulations 2007 (WA) when I made false comments in an interview on ABC Radio Perth in respect to a notice of motion raised by me in relation to off road motor vehicle use which was discussed (but not passed) at the Ordinary Council Meeting of 8 August 2019.
 
The Panel found that by behaving in this manner I made improper use of my office as Councillor with the intention of advantaging myself thereby committing one breach of Regulation 7(1)(a) of the Local Government (Rules of Conduct) Regulations 2007.
 
I accept that I should not have acted in such a manner and I apologise to the Council and the City for having done so.
9 April 2019
(SP 2018-107)
Dep. Mayor Lee-Anne Smith Stephen Cain, CEO Councillor Lee-Anne Smith ("Cr Smith"), the Dep. Mayor of the City of Cockburn ("the City"), committed 2 minor breaches of Regulation 7 (1)(b) of the Local Government (Rules of Conduct) Regulations 2007 (WA) ("the Regulations") when at the Special Meeting of Council held 22 August 2018 she

a. Falsely stated that Cr Chontelle Sands was the subject of two minor breach complaints and an investigation by the Department of Local Government, Sport and Cultural Industries ("the Department"); and

b. she stated that Cr Chontelle Sands had lied about having an impartiality interest in respect to a matter previously considered by the Council;

(together "the Minor Breaches")
Dep Mayor Smith:

a. make a public apology in terms of the attached Order; and

b. be publicly censured in terms of the attached Order.
22 February 2019
(SP 2018-60)
Dep. Mayor Lee-Anne Smith Stephen Cain, CEO Councillor Lee-Anne Smith ("Cr Smith"), the Dep. Mayor of the City of Cockburn ("the City"), committed one minor breach of Regulation 7 (1)(a) of the Local Government (Rules of Conduct) Regulations 2007 (WA) (the Regulations) when she:

a. had discussions and made agreements with an applicant regarding a development application for the installation of electronic signage on land situated in the City;
and

b. drafted an alternative recommendation for the approval of the Development application and inclusion of certain development approval conditions proposed to be raised at the Ordinary Council Meeting of 10 May 2018.
 
Undertake training "Serving on Council"

Public Censure of Minor Breach

Document name Downloadable files
Notice of Minor Breach Orders - Standards Panel - Dep Mayor Smith PDF document
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9 Coleville Crescent,
Spearwood 6163

PO Box 1215, Bibra Lake DC,
Western Australia, 6965

Language Support

Cockburn Nyungar moort Beeliar boodja-k kaadadjiny. Koora, yeyi, benang baalap nidja boodja-k kaaradjiny.
Ngalak kaadatj dayin boodja, kep wer malayin. Ngalak kaadatj koora koora wer yeyi ngalang birdiya.

City of Cockburn acknowledges the Nyungar people of Beeliar boodja. Long ago, now and in the future they care for country.
We acknowledge a continuing connection to land, waters and culture and pay our respects to the Elders, past, present and emerging.