Public Questions, Submissions and Petitions
Council allows a minimum of 15 minutes for public questions at each Council meeting. If there are not sufficient questions to fill the allocated time, the person presiding will move on to the next item.
If there are more questions than can be dealt with in the 15 minutes allotted, the person presiding will determine whether to extend question time.
Protocols
Procedures for Question Time for the public are governed by the Local Government Act 1995, the Local Government (Administration) Regulations 1996, and the Shire of Toodyay Standing Orders Local Law 2008. Regulation 6 specifies that minimum time for Question Time for the public is 15 minutes.
Procedures for Asking Questions
Regulation 7(1)(a) of the Local Government (Admin) Regulations 1996 states the procedures for the asking of and responding to public questions are to be determined by the person presiding at the meeting. In accordance with the regulation and advice from the Department of Local Government, the Shire President of the Shire of Toodyay, has determined the following as a procedure for Public Question Time:
Procedure set by the Shire President pursuant to regulation 7(1)(a) of the Local Government (Administration) Regulations 1996
Members of the public who wish to ask a question at a Council Meeting must complete a Public Question Registration Form and submit it to the Chief Executive Officer by 12 noon on the day of the Council Meeting via email: records@toodyay.wa.gov.au or in person at the Shire of Toodyay Administration Office, 15 Fiennes Street, Toodyay WA 6566.
A register will be kept of incoming questions and questions will be asked and responded to in order of receipt. The person presiding the meeting will manage public question time and ensure that each person wishing to ask their pre-submitted questions is given a fair and equal opportunity to do so.
The following general rules apply to question time:
- Questions relating to Council Business or to matters affecting Council will be considered at an Ordinary Council Meeting;
- At a Special Council Meeting only questions related to the purpose of the meeting will be considered.
- The first priority will be given to persons who are asking questions relating to items on the current meeting agenda.
- A person is required to state their name and to what item on the agenda their question refers to before they ask their question. Two questions are permitted to be asked at a time.
- Any preamble to provide context before a question is to be brief and relevant to the question itself and must directly support the question being asked.
- Questions should not include a statement or personal opinion.
- Questions may not be directed at specific Councillors or employees;
- Questions are not to be framed in such a way as to reflect adversely on a Councillor or Employee.
- No debate or discussion about the question or answer will take place at the meeting.
- Only pre-submitted questions will be allowed to be asked at the Council meeting.
- During the Council Meeting, no member of the public may interrupt the meeting’s proceedings or enter into private conversations.
- Questions asked will be included in the minutes of the meeting however any pre-amble to the questions asked will not be included.
- If questions cannot be answered at the meeting they will be ‘taken on notice’. A written response will be provided, and the response will be recorded in the agenda of the next Ordinary Council Meeting.
An owner, applicant or any member of the public who has an interest in an item on an Agenda, or generally, can make a submission to Councillors for up to five minutes unless the time is extended by the Presiding Member.
A person wishing to make a submission at the Agenda Briefing must complete the Submission Registration form and submit it to the Chief Executive Officer by 12 noon on the day of the Agenda Briefing either in Person at the Shire of Toodyay Administration Office, 15 Fiennes Street, Toodyay WA 6566 or alternatively, via email to records@toodyay.wa.gov.au
Submissions will be received at the beginning of an Agenda Briefing.
Submissions are to be concise. Where it is a submission regarding an Officer Report, state whether you agree with or object to the recommendation of the report and include your reasons for agreement or objection of the recommendation.
The benefit of making a submission at an Agenda Briefing will be that Councillors are given the opportunity to ask questions and the person making the submission may respond.
The Presiding Member will manage the process, asking Councillors if they have any questions in order to clarify any information contained in a submission.
Anyone making a submission is required to state their name and identify whether they are a ratepayer or resident of the Shire when invited to present their submission by the Presiding Member (usually the Shire President).
Anyone making a submission must comply with any direction from the Presiding Member.
Petitions inform the Council, in a public way, of the views of a section of the community and serve as a means of placing community concerns before Council.
Electors of the Shire of Toodyay may petition the Council to take some form of action over a particular issue.
A petition must be in the same format as the Shire’s petition template and must be made by electors of the district and contain a summary of the reasons for the request.
Please note the following protocol for submissions of petitions.
Petitions MUST:
- be addressed to the Shire President and Councillors;
- contain a concise statement of facts and the action sought on every page of the petition;
- contain the names, addresses and signatures of the elector(s) making the request, and the date each elector signed;
- state the name and address of the person who arranged the petition for correspondence to be delivered to. Correspondence is not sent to all the signatures on the petition.
Petitions should be presented to Council by a Councillor and a copy ought to be provided to the Administration prior to it being presented to the Council Meeting.
The Councillor presenting the petition is required to read the petition and if necessary, request that it be referred for an Officer’s report.
Where a petition does not conform to the above, it will be treated as normal business correspondence.