Council registers

Public registers related to elected members and staff.

Tenders

The tender register shows current and awarder tenders from 2019. Get in touch with our governance team for a printable version. Visit our procurement portal for current tenders.

Register of certain complaints of minor breaches

The Local Government Act 1995 requires a Complaint Register be maintained. This register records all complaints that result in a finding under section 5.110(2)(a) where a minor breach has occurred.

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

  • Name of the council member about whom the complaint is made
  • Name of the person who makes the complaint
  • Description of the minor breach that the standards panel finds has occurred
  • Details of the action taken under section 5.110(6).

The CEO must publish an up to date version of the register of complaints on the local government’s official website.

LGSP Ref. No. Council Member Person Making Complaint (s.5.121 (2) (b)) Description of Finding of Minor Breach (s.5.121 (2) (c)) Details of Actions Taken
(s.5.121 (2) (d))
SP109 of 2020 Cr M Scott Mr M Chester At its meeting on 20 November 2020, the Panel found that Councillor Murray Scott (“Cr Scott”), a councillor for the Shire of Capel (“the Shire”), committed one minor breach under the Local Government Act 1995 (WA) (“the Act”) and regulation 6(2)(a) of the Local Government (Rules of Conduct) Regulations 2007 (WA) (“the Regulations”) when he forwarded an email with confidential documents attached, to a member of the public (“Minor Breach”). The Standards Panel imposed a monetary sanction, being the sum total of the remuneration and allowances payable by the Shire in relation to the Complaint.
SP58 of 2018 Cr M Southwell Cr B Hearne On 12 December 2018 the Panel found that
under Complaint Number SP58 of 2018 that Councillor Michael Southwell ('Cr Southwell'), a member of the Shire of Capel ('Shire'), committed one breach under the Local Government (Rules of Conduct) Regulations 2007 (the Regulations) and regulation 6(2)(b) when he made comments on a Facebook post relating to the council meeting on 27 June 2018 ('Council meeting') thereby passing on confidential information obtained at a closed meeting. The Panel found that Cr Southwell did not breach regulation 7 (1)(b) in relation to the same conduct.
The Standards Panel imposed a joint sanction, decisions SP58 and SP99 of 2018: that Cr Southwell be publicly censured and make a public apology as specified in the Order; the Order was appealed by Cr Southwell August 2019.
The Order(s) of the State Administrative Tribunal (SAT) 8 January 2020 is to uphold the finding of the Local Government Standards Panel and vary the joint sanction with SP99 of 2018 as that finding and SP58 are of the same facts.
The Tribunal Orders that: Cr M Southwell be censured by Notice of Public Censure in the West Australian and Bunbury Mail newspapers within 42 days of the Orders; public censure published 12 February 2020 (West Australian) and 19 February 2020 (Bunbury Mail); and that Cr Southwell publicly apologise to the Council and the former CEO at the first ordinary meeting after the expiration of 28 days from the date of this Order. This apology was made ordinary meeting of Council 29 April 2020. Matter closed.
SP99 of 2018 Cr M Southwell Cr J Scott On 12 December 2018 the Panel found that
under Complaint Number SP99 of 2018 that Councillor Michael Southwell ('Cr Southwell'), a member of the Shire of Capel ('Shire'), committed one breach of regulation 6(2)(b) in relation to the same conduct by Cr Southwell as set out in Complaint Number SP58 of 2018, when he made comments on a Facebook post relating to the council meeting on 27 June 2018 ('Council meeting') thereby passing on confidential information obtained at a closed meeting. The Panel found that Cr Southwell did not breach regulations 4 and 7 in relation to the same conduct.
The Local Government Standards Panel imposed a joint sanction, decisions SP58 and SP99 of 2018: that Cr Southwell be publicly censured and make a public apology as specified in the Order; the Order was  appealed by Cr Southwell August 2019.
The State Administrative Tribunal 8 January 2020 affirms the finding of the Local Government Standards Panel but set aside a joint sanction as the facts of SP58 are of the same facts. The sanctions are imposed for SP58.
SP26 of 2018 Cr M Southwell Mr P Sheedy The Panel found that Councillor Michael Southwell ('Cr Southwell'), a councillor for the Shire of Capel ('the Shire'), committed four minor breaches under the Local Government Act 1995 (WA) ('the Act') and regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 ('the Regulations') when making statements in a series of Facebook posts on 6 February 2018, 25 March 2018 and on 29 March 2018 and in the reasons section given in support of a motion moved by Cr Southwell for a Council meeting on 28 March 2018. Order for a public apology to the CEO, shire staff, fellow councillors and Shire, as specified in the Order; appealed by Cr Southwell January 2019 to the State Administrative Tribunal (SAT).
Order re-affirmed by SAT 9 December 2019, that Cr Southwell make a public apology to Shire staff, (former) CEO Paul Sheedy, fellow councillors and staff, at the first ordinary meeting after the expiry of 28 days from the date of service of (the) order. This apology was made ordinary meeting of Council 26 February 2020. Matter closed.
SP 27 of 2018 Cr M Southwell Cr M Scott The Panel found that Councillor Michael Southwell ('Cr Southwell'), a councillor for the Shire of Capel ('the Shire'), committed two  minor breaches under the Local Government Act 1995 (WA) ('the Act') and regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 ('the Regulations') when he submitted a Question on Notice as part of the agenda for the Shire of Capel Ordinary Council meeting on 28 March 2018. Order for public apology to Cr M Scott and Mr C Scott as specified in the Order; appealed by Cr Southwell January 2019 to the State Administrative Tribunal (SAT). Order re-affirmed by SAT 9 December 2019, that Cr Southwell make a public apology to Cr Murray Scott and Mr Christopher Scott, at the first ordinary meeting after the expiry of 28 days from the date of service of (the) order.  This apology was made ordinary meeting of Council 29 April 2020. Matter closed.
SP28 of 2018 Cr M Southwell Mr C Scott The Panel found that Councillor Michael Southwell ('Cr Southwell'), a councillor for the Shire of Capel ('the Shire'), committed two  minor breaches under the Local Government Act 1995 (WA) ('the Act') and regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 ('the Regulations') when he submitted a Question on Notice as part of the agenda for the Shire of Capel Ordinary Council meeting on 28 March 2018. Order for public apology to Cr M Scott and Mr C Scott as specified in the Order; appealed by Cr Southwell January 2019 to the State Administrative Tribunal (SAT).
Order re-affirmed by SAT 9 December 2019, that Cr Southwell make a public apology to Cr Murray Scott and Mr Christopher Scott, at the first ordinary meeting after the expiry of 28 days from the date of service of (the) order. This apology was made ordinary meeting of Council 29 April 2020. Matter closed.
SP37 of 2018 Cr M Southwell Mr P Sheedy The Panel found that Councillor Michael Southwell ('Cr Southwell'), a councillor for the Shire of Capel ('the Shire'), committed a minor breach under the Local Government Act 1995 (WA) ('the Act') and
regulation 7(1)(b) of the Local Government
(Rules of Conduct) Regulations 2007 ('the Regulations'), when he made comments on his own Facebook post of 24 May 2018 in relation to a set of graphics regarding proposed rate changes that had been added to the Shire's Facebook page in preparation for the council meeting held 23 May 2018 ('Council Meeting').
Order to undertake a training course for Elected Members for a period of 7.5 hours; appealed by Cr Southwell January 2019 to the State Administrative Tribunal (SAT). Order re-affirmed by SAT 9 December 2019, that Cr Southwell undertake the training course 'Serving On Council' within four months of service date of the Order. Training completed 21 .09.2020. Matter closed.
SP36 of 2018 Cr S Schiano Cr M Southwell The Panel found that Councillor Sebastian Schiano ('Cr Schiano'), a councillor for the Shire of Capel ('the Shire') committed one minor breach under the Local Govenrment Act 1995 (WA) ('the Act') and regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 ('the Regulations') when he made a comment on a local resident's Facebook post on 1 March 2018 regarding a Council rates workshop on the previous day. The Panel found Cr Schiano did not commit a breach of regulation 6 (2)(b) in relation to the same Facebook post. The Complaint was dismissed. Matter closed.
SP57 of 2018 Cr M Southwell Mr P Sheedy The Panel found that Councillor Michael Southwell ('Cr Southwell'), a councillor for the Shire of Capel ('the Shire'), committed one minor breach under the Local Government Act 1995 (WA) ('the Act') and
regulation 7(1)(b) of the Local Government
(Rules of Conduct) Regulations 2007 ('the Regulations'), when he published a Facebook post on 29 June 2018 in relation to the council meeting 27 June 2018.
Order to publically censure Cr Southwell;
this was published West Australian, Bunbury Herald and Bunbury Mail 24/25/26 June 2019. Matter closed.
SP59 of 2018 Cr M Southwell Cr B Hearne The Panel found that Councillor Michael Southwell ('Cr Southwell'), a councillor for the Shire of Capel ('the Shire'), committed one minor breach under the Local Government Act 1995 (WA) ('the Act') and
regulation 7(1)(b) of the Local Government
(Rules of Conduct) Regulations 2007 ('the Regulations'), when he published a Facebook post on 29 June 2018 in relation to the council meeting 27 June 2018.
Order for public censure,
dealt with concurrently with SP57 of 2018, published West Australian, Bunbury Herald and Bunbury Mail 24/25/26 June 2019. Matter closed.
SP100 of 2018 Cr M Southwell Cr J Scott The Panel found that Councillor Michael Southwell ('Cr Southwell'), a council member of the Shire of Capel ('the Shire'), committed one breach of regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 ('the Regulations'), when he made comments in public regarding the payment of funds toward legal costs. Order 16 July 2019 that at the first ordinary council meeting attended by him after the expiration of 28 days from the date of service of this Order on him, that Councillor Michael  Southwell ('Cr Southwell') publicly apologise to Council and the Shire as specified in the Order. This occurred at the ordinary meeting 28 August 2019. Matter closed.
SP101 of 2018 Cr M Southwell Cr B Hearne The Panel found that Councillor Michael Southwell ('Cr Southwell'), a council member of the Shire of Capel ('the Shire'), committed one breach of regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 ('the Regulations'), when he made comments in public regarding the payment of funds toward legal costs for advice provided, that were subsequently published and broadcast in the media in September 2018. Order 16 July 2019 that Councillor Southwell be publicly censured. Completed 21 and 28 August 2019. Matter closed.
SP102 of 2018 Cr M Scott Cr M Southwell The Panel found that Councillor Murray Scott,
a councillor for the Shire of Capel ('the Shire'), committed one minor breach of regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 ('the Regulations'), when he made negative comments in relation to Councillor Michael Southwell in an email dated 27 August 2018 ('the Minor Breach').
Order 17 May 2019 that at the first ordinary council meeting attended by him after the expiration of 28 days from the date of service of this Order on him, that Councillor Murray Scott a councillor of the Shire of Capel, publicly apologise to Councillor Michael Southwell as specified in the Order; the Order was appealed by Cr M Scott June 2019; the Order has been varied by SAT - that Councillor Murray Scott make an apology to Councillor Michael Southwell at a closed Council meeting in the terms set out in the order, (at) the ordinary council meeting first occurring after the expiration of 28 days from the date of service of this order on him Councillor Scott (22 October 2019). The Orders were complied with 18 December 2019. Matter closed.
SP130 of 2018 Cr S Schiano Ms C Lovett The Local Government Standards Panel ('the Panel')
found that Councillor Sebastian Schiano (Cr Schiano), a councillor for the Shire of Capel, did not commit a breach under the Local Government Act 1995 (WA) ('the Act') and regulations 7 (1) (b) and 8 of the Local Govenrment (Rules of Conduct) Regulations 2007 ('the Regulations') when he voted at a council meeting held on 27 June 2018 to support the allocation of funds for defamation cases against Shire residents.
No breach; parties advised; matter closed.
SP129 of 2018 Cr D Kitchen Ms C Lovett The Local Government Standards Panel ('the Panel')
found that Councillor Doug Kitchen (Cr Kitchen), a councillor for the Shire of Capel, did not commit any  breaches under the Local Government Act 1995 (WA) ('the Act') and regulations 7 (1) (b) and 8 of the Local Govenrment (Rules of Conduct) Regulations 2007 ('the Regulations') when he voted at a council meeting held on 27 June 2018 to support the allocation of funds for defamation cases against Shire residents.
No breach; parties advised; matter closed.
SP125 of 2018 Cr D Radisich Ms C Lovett The Local Government Standards Panel ('the Panel')
found that Councillor Debra Radisich (Cr Radisich), a councillor for the Shire of Capel, did not commit any breaches under the Local Government Act 1995 (WA) ('the Act') and regulations 7 (1) (b) and 8 of the Local Govenrment (Rules of Conduct) Regulations 2007 ('the Regulations') when he voted at a council meeting held on 27 June 2018 to support the allocation of funds for defamation cases against Shire residents.
No breach; parties advised; matter closed.
SP002 of 2019 Cr M Scott Cr M Southwell The Panel found that Councillor Murray Scott
 a councillor of the Shire of Capel ('the Shire') did not commit a minor breach pursuant to the Local Government Act 1995 (WA) ('the Act'); and regulation 7 of the Local Government (Rules of Conduct) Regulations 2007 ('the Regulations') when he permitted certain questions to be read out and answered at the Ordinary Council Meeting of 28 November 2018 ('the OCM').
No breach; parties advised; matter closed.

Elected member training

Under Section 5.127 of the Local Government Act 1995, we publish the training completed by Elected Members in the financial year.

Elected member Term Course completed
Cr K Andrew 2019 to 2023
  • Meeting Procedures
  • Understanding Local Government
  • Understanding Financial Reports and Budgets
  • Serving on Council
Cr D Clews 2019 to 2023 -
Cr D Kitchen 2017 to 2021
  • Effective Community Leadership
  • Dealing with Conflict
  • Understanding Local Government
  • Provide Leadership within the Council and Community
  • Manage Conflict
Cr K Noonan 2019 to 2023
  • Conflicts of Interest
  • Meeting Procedures
  • Understanding Local Government
  • Understanding Financial Reports and Budgets
  • Serving on Council
Cr R Mogg 2019 to 2023
  • Meeting Procedures
  • Dealing with Conflict
  • Understanding Financial Reports and Budgets
  • Serving on Council
Cr S Schiano 2017 to 2021
  • Conflicts of Interest
  • Meeting Procedurest
  • Understanding Local Government
  • Understanding Financial Reports and Budgets
  • Serving on Council
Cr M Scott 2017 to 2021 -
Cr M Scott 2017 to 2021
  • Serving on Council

Gift (including travel)

The Local Government Act 1995 requires Councillors and CEOs to disclose receipt of gifts and contributions to travel valued at more than $300. The disclosure must be made within 10 days of receipt. No declarations as at 29 October 2019.

electoral

The Local Government Act 1995 requires electoral candidates to disclose receipt of gifts valued at more than $200

Elected member Donor information Recipt date Description Value (approx)
Cr S Schiano Aus Media TV Pty Ltd T/A Firey Productions Bunbury WA 6230 25 September 2019 38-second online campaign advert $1,853.50

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