Complaints Register

Minor breaches of the Local Government Act 1995 (the Act) are dealt with by the Local Government Standards Panel (the Panel). Complaints against a Council member must be lodged through the complaints officer at the relevant local government. Types of minor breaches include:

Local Government (Model Code of Conduct) Regulations 2021 Schedule 1

  • Clause 17 – Misuse of local government resources
  • Clause 18 – Securing personal advantage or disadvantaging others
  • Clause 19 – Prohibition against involvement in administration
  • Clause 20 – Relationship with local government employees
  • Clause 21 – Disclosure of information
  • Clause 22 – Disclosure of interests
  • Clause 23 – Compliance with plan requirement

Local Government (Administration) Regulations 1996

  • Regulation 34D – Contravention of local law as to conduct

More information and the Complaint of Minor Breach form is available here. 

Legislative Refs:

(s.5.121(2)(a)

(s.5.121(2)(b)

(s.5.121(2)(c))

(S.5.121(2)(d)

s.5.110(6)(a)

s.5.110(6)(b)(i)

s.5.110(6)(b)(ii)

s.5.110(6)(b)(iii)

s.5.110(6)(b)(iv)

s.5.110(6)(c)

Record the Date Complaint made

Complaint No.

Record No.

Name of Council Member about whom complaint is made

Name of person making complaint

Description of minor Breach reported to Standards Panel 

The Standards Panel Finding
Details of Action Taken under s.5.110(6) by the person against whom the complaint was made as specified in the Order.

Date Action Taken

No sanction be imposed

Public Censure

Public Apology

Training

pay to the local government an amount equal to amount of remuneration and allowances payable by the LG re complaint under Schedule 5.1 Clause 9

Ordering 2 or more of the sanctions described in paragraph (b)
6/07/2018
 SP 52 of 2018 OCP35632 / OCP35636 / ICR58394 Cr Bell CEO

Alleged breach of regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 relating to a series of Facebook posts relating to the CEO between 26 and 27 June 2018.

Alleged breach of Regulations 9 and 10 Rules of Conduct Regulations relating to a post on Cr Bell's Facebook Page and Community Boards ON 26/06/2018

 04/04/2019 NA NA YES NA NA NA
6/07/2018 SP 53 of 2018 OCP35633 / OCP35636 /  ICR58394 Cr Bell CEO Alleged breach of Regulations 7, 9 and 10 Rules of Conduct Regulations relating TO a post on Cr Bell's Facebook Page  ON 2/6/2018 04/04/2019 NA NA YES NA NA NA

6/07/2018

 SP 54 of 2018  OCP35633 / OCP35636 / ICR58394 Cr Bell CEO

Alleged breach of regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 (WA) by publishing a Facebook post on 18 May 2018 relating to the inclusion of questions in an Ordinary Council Meeting and Mr Stan Scott the Chief Executive Officer of the Shire and one of Cr Bell’s fellow Councillors.

Alleged breach of Regulations 9 and 10 Rules of Conduct Regulations relating t a post on Cr Bell's Facebook Page on 18/05/2018 relating to the inclusion of questions in an Ordinary Council Meeting and Mr Stan Scott the Chief Executive Officer of the Shire (“CEO”).

04/04/2019 NA YES NA NA NA NA

24/07/2018

 SP 65 of 2018  OCP35633 / OCP35636 / ICR58394 Cr Bell CEO

Alleged breach of regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 (WA) relating to a Facebook post on 24 July 2018 relating to rate rises and Mr Stan Scott, the Chief Executive Officer of the Shire.

Alleged Breach of Regulations 9 and 10 of the Local Government (Rules of Conduct) Regulations 2007 on 24 July 2018 relating to when he published a Facebook post
on 24 July 2018 relating to rate rises and Mr Stan Scott, the Chief Executive
Officer of the Shire (“CEO”).

 04/04/2019 NA YES YES NA NA YES

31/08/2018

 SP 2018-083 OCP36183 AND OCR39070 /   ICR58394 Cr Bell CEO Alleged Breach of Regulations 7, 9 and 10 of the Local Government (Rules of Conduct) Regulations 2007 on 26 August 2018 (One form says 29 August 2018) when he published various Facebook posts on 26 August 2018 relating to the actions of Mr Stan Scott, the Chief Executive Officer of the Shire (“CEO”), in relation to answering Cr Bell’s questions and the Shire’s budget.  04/04/2019 NA YES YES YES NA YES

02/10/2018

 SP 2018-092 OCP39071 AND OCP39072 /    ICR58394 Cr Bell CEO

Alleged breach of regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 (WA) by publishing a Facebook post on 30 September 2018 relating to the allegation of Mr Stan Scott, the Chief Executive Officer of the Shire, commencing legal actions on behalf of the Shire.

Alleged Breach of Reg 10 of the Local Government (Rules of Conduct) Regs 2007 on 30 September 2018 relating to the allegation of Mr Stan Scott, the Chief Executive Officer of the Shire (“CEO”), commencing legal actions on behalf of the Shire.

 04/04/2019 NA YES YES NA NA YES

29/10/2018

 SP 2018-111 ICR55000 AND OCR37615/OCR37691 AND OCR37612 AND OCR37776 / ICR61070  // ICP59779 Cr Rayner and CEO Mr L Graham Alleged Breach of Regulations 4, 7 and 8 of the Local Government (Rules of Conduct) Regulations 2007 when he made certain statements at the Ordinary Council
meeting of 24 April 2018 AND ALSO when he approved the publication of a column written by the Shire’s CEO in the community newsletter and when he made statements at the council meeting on 24 April 2018 regarding the column. 		31/04/2019 NA NA YES NA NA NA

05/11/2018

 SP 2018-110   ICR55144/ OCR37613 / OCR37690 / OCR37609 / OCR37776  // ICP59779 Cr Rayner Mr G Appleby  Alleged Breach of Regulation 7 of the Local Government (Rules of Conduct) Regulations 2007 (allegedly making an offensive responses during an April Council Meeting). 31/05/2019 NA NA NA NA NA NA

13/11/2018

 SP 2018-112 ICR55119 / OCR37610 / OCR37608 / OCR37696 AND ICR55476 / OCR37809 / ICR55411 / OCR37777 / ICR59620 Cr Chitty  Mr L Graham  Alleged Breach of Regulation 7 Securing Personal advantage or disadvantaging others when she confirmed there had been a breach of the Shire’s Code
of Conduct by the Shire President and the CEO, but an apology was subsequently
not made to the Toodyay Progress Association (“TPA”) by those parties. 		24/05/2019 NA NA NA NA NA NA

15/01/2019

 SP 2019-005 OCR39035 / OCR39035 / OCR39034 / ICP57061 &   ILM58430 & ICR59307 / ICR61117 Cr Bell  Cr Greenway Alleged Breach on 16/12/2018 of the following:
Regulation 6 - Improper disclosure of information /
Regulation 7 Securing personal advantage or disadvantaging others
Regulation 9 Prhobition against inolvement in administration and
Regulation 10 Relations with local government employees.		 29/07/2019 NA NA YES NA NA NA

07/02/2019

 SP 2019-008 OCP39819 / OCP39820 / ICR71548 Cr Bell  CEO Reported to Department Alleged Recurrent Minor Breach on 6 February 2019 of Regulation 7 - Securing Personal advantage or disadvantaging others 09/10/2020 NA NA NA NA NA NA

07/02/2019

 SP 2019-008 ICR71515 Cr Bell  Mr S Scott Alleged Breach of Regulation7 of the Local Government Rules of Conduct Regulations 2007 when, on 6 February 2019 he wrote an article in the Toodyay Herald in which he allegedly sought to minimise the perceived seriousness of his prior breaches under the Regulations and set out to denigrate the Complainant, as set out in paragraph 18 below. 09/10/2020 NA NA NA NA NA NA

07/02/2019

 SP 2019-009 OCP39819 AND OCP39820 /  ICR71548 Cr Bell  CEO Reported to Department Alleged Recurrent Minor Breach on 6 February 2019 of Regulation 7 - Securing Personal advantage or disadvantaging others when he made a Facebook Post
that was intended to cause detriment to the Complainant as set out in paragraph 18		 09/10/2020 NA NA NA NA NA YES

07/02/2019

 SP 2019-010 OCP39819 AND OCP39820 /  ICR71548 Cr Bell CEO Reported to Department Alleged Recurrent Minor Breach on 6 February 2019 of Regulation 7 - Securing Personal advantage or disadvantaging others when he:
i. made a Facebook Post on 10 February 2019 in respect to minor breach
findings against him;
ii. made a Facebook Post on 10 February 2019 in respect to use of legal
representation by the Shire; and
iii. made a Facebook Post on 10 February 2019 in respect to Cr Therese Chitty;
and		 09/10/2020 NA NA NA NA NA YES

07/02/2021

 SP 2019-046 OCP39819 AND OCP39820 / OCR39433 and OCP39434 /  ICR71548 Cr Bell CEO Reported to Department Alleged Recurrent Minor Breach on 6 February 2019 of Regulation 7 - Securing Personal advantage or disadvantaging others 09/10/2020 NA NA NA NA NA NA

17/05/2019

 SP 2019-008 OCP39643 AND OCR39644  OCP42016 - Cr Bell  CEO Reported to Department

Alleged Recurrent Minor Breach ON 15 February 2019 of Regulation 7 - Securing Personal advantage or disadvantaging others

Alleged Recurrent Minor Breach ON 10 May 2019 of Regulation 7 - Securing Personal advantage or disadvantaging others

 09/10/2020 NA NA NA NA NA NA

11/06/2019

 SP 2019-052 (Complaint 1) OCR50998 / ICP62999 Cr Rayner  Cr Bell Alleged Minor Breach on 16 Feb 2019 of Regulation Regulation 6, 7 and 8 of the Rules of Conduct Regulations when the February edition of the Toodyay Community Newsletter published details of prior minor breach complaints SP 52 of 2018, SP 53 of 2018 and SP 54 of 2018  17/10/2019 NA NA NA NA NA NA

11/06/2019

 SP 2019-053 (Complaint 2) OCR50998 / ICP62999 Cr Rayner Cr Bell  Alleged Minor Breach on 16 Feb 2019 of Regulation Regulation 6, 7 and 8 of the Rules of Conduct Regulations when the February edition of the Toodyay Community Newsletter published details of prior minor breach complaints SP 52 of 2018, SP 53 of 2018 and SP 54 of 2018  17/10/2019 NA NA NA NA NA NA

11/06/2019

 SP 2019-054 (Complaint 3) OCR50998 / ICP62999 Cr Rayner Cr Bell  Alleged Minor Breach on 16 Feb 2019 of Regulation Regulation 6, 7 and 8 of the Rules of Conduct Regulations when the February edition of the Toodyay Community Newsletter published details of prior minor breach complaints SP 52 of 2018, SP 53 of 2018 and SP 54 of 2018  17/10/2019 NA NA NA NA NA NA

11/06/2019

 SP 2019-055 (Complaint 4) OCR50998 / ICP62999 Cr Rayner Cr Bell Alleged Minor Breach on 16 Feb 2019 of Regulation Regulation 6, 7 and 8 of the Rules of Conduct Regulations when the February edition of the Toodyay Community Newsletter published details of prior minor breach complaints SP 52 of 2018, SP 53 of 2018 and SP 54 of 2018  17/10/2019 NA NA NA NA NA NA

11/06/2019

 SP 2019-056 (Complaint 5) OCR50998 / ICP62999 Cr Rayner  Cr Bell  Alleged Minor Breach on 16 Feb 2019 of Regulation Regulation 6, 7 and 8 of the Rules of Conduct Regulations when the February edition of the Toodyay Community Newsletter published details of prior minor breach complaints SP 52 of 2018, SP 53 of 2018 and SP 54 of 2018  17/10/2019 NA NA NA NA NA NA

11/06/2019

SP 2019-057 (Complaint 6)
SP 2019-058

(Complaint 7)
SP 2019-059 (Complaint 8) ; and
SP 2019-060 (Complaint 9)

 OCR50999 /  ICP62999 Cr Rayner  Cr Bell  Alleged Minor Breach on 9 May 2019 of Regulation Regulation 7 and 8 of the Rules of Conduct Regulations 17/10/2019 NA NA NA NA NA NA

11/06/2019

 SP 2019-061 OCR61001 Cr Greenway  Cr Bell  Alleged Minor Breach on 27 March 2019 of Regulation Regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 (“the Regulations”) when she replied to an email from another councillor, which was sent to all councillors, the Shire’s Chief Executive Officer and five senior staff members.  06/11/2019 NA NA NA NA NA NA

11/06/2019

 SP 2019-062 ICP59863 / OCR51000 Cr Chitty  Cr Bell Alleged Minor Breach on 27 March 2019 of Regulation  7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 (“the Regulations”) when she sent an email on 27 March 2019 to all councillors, the Shire’s Chief Executive Officer and five senior staff members.  04/11/2019 NA NA NA NA NA NA

06/08/2019

 SP 2019-075 ICP62996 Cr Rayner  Cr Bell  Alleged Minor Breach of Regulation No. 4 when, at the Ordinary Council Meeting of the Shire of 28 May 2019 (“the OCM”), Cr Rayner (in his capacity as Presiding Member): a. reopened discussion on Council Resolution number 107/05/19; and
b. reopened discussion of Council Resolution number 63/03/19,		 17/10/2019 NA NA NA NA NA NA

02/06/2020

 SP 2020-040 ICP81031 Cr Madacsi  Cr Chitty  Alleged breach of regulation 6 of the Local Government (Rules of Conduct) Regulations 2007 (“the Regulations”); and b. regulation 7 of the Regulations,
when on 13 April 2020 she made some comments on Facebook which allegedly
released confidential information and potentially caused a disadvantage to the Shire
and its staff		 19/11/2019 NA NA NA NA NA NA

02/06/2020

 SP 2020-041 ICP81031 Cr Madacsi Cr Chitty  Alleged breach of regulation 9 of the Local Government (Rules of Conduct) Regulations 2007  when she sent an email to the Acting Chief Executive Officer of the Shire requesting that a certain staff member be retained as further set out in paragraph 15 below.  19/11/2021 NA NA NA NA NA NA

08/10/2020

 SP 2020-046 ICR73826 Cr Bell  Mr S Scott Alleged Breach of Regulation 7 (1)(b) of the Local Government (Rules of Conduct) Regulations 2007 WA relating to a facebook post that was intended to cause detriment to the complainant 13/01/2021 NA YES YES NA NA YES
29/10/2020 SP 2020-030 ICR72471 Cr Madacsi  Mrs C Luangala  Alleged breach of Regulations 6, 7 and 10 of the Local Government (Rules of Conduct) Regulations 2007 (WA) when she made comments on Facebook that disclosed information from a document marked confidential by the Acting Chief Executive Officer 03/11/2020 NA NA NA YES NA YES
2/06/2023 SP 2023-0250 ICP89646 / ICP92169  Cr Pearce Ms L Street Alleged breach of Regulation 22 of the Local Government (Administration) Regulations 1996 when she did not make a disclosure of interest 13/06/2023 NA NA NA NA NA NA