Council registers
Public registers related to elected members and staff.
Delegations
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)) |
|---|---|---|---|---|
| [2021] WASAT 153 [2021] WASAT 153 (S) | Cr M Southwell | CEO Department Local Government, Sport and Cultural Industries | 1. By orders and supporting reasons1 (Decision) delivered on 1 December 2021, the Tribunal found that: a) the respondent, Mr Michael Southwell, the former President of the Shire of Capel, while he was a council member, contravened reg 11(2) of the Local Government (Rules of Conduct) Regulations 2007 (WA) (Regulations) in that he failed to disclose an interest that he had in two motions that he tabled for discussion by council (Breach); b) the Breach was a minor breach within the meaning of s 5.105(1) of the Local Government Act 1995 (WA) (Act); and c) because the respondent had committed more than two (specifically, twelve) previous minor breaches, the Breach constitutes a recurrent breach within the meaning of s 5.105(2) of the Act and, accordingly, the respondent's conduct falls to be sanctioned under s 5.117 of the Act. 2. Because, by the time of the Decision, the respondent was no longer a member of the Shire council, the parties were invited to address the Tribunal, at a further hearing on 5 December 2021, on what order or orders, if any, it should make under s 5.117 of the Act. The respondent did not attend that hearing. | The Tribunal orders: 1. Mr Michael Southwell, a former councillor for the Shire of Capel (Shire), be censured as specified in paragraph 2 below. 2. After 28 days and before 42 days from the date of this order, the Chief Executive Officer of the Shire arrange for the following Notice of Public Censure, attached and marked as 'Annexure A' in these orders, to be published, in no less than 10 point print, in the following two newspapers: (a) as a one-column or a two column display advertisement in the first 15 pages of The West Australian newspaper; and (b) as a one column or a two column display advertisement in the first 15 pages of the Bunbury Mail newspaper. The order was complied with by publication of a censure notice in the West Australian on 10 February 2022 and the Bunbury Mail on 16 February 2022. |
| SP 055 of 2021 | Cr M Southwell | Mr B Hearne | At its meeting on 5 August 2021, the Panel found that Councillor Michael Southwell (“Cr Southwell”), a councillor for the Shire of Capel (“the Shire”), committed three minor breaches under the Local Government Act 1995 (“the Act”) and Regulation 18(1)(b) of the Local Government (Model Code of Conduct) Regulations 2021 (“the Regulations”) when he made comments that were incorrect and detrimental at each of: a. the Ordinary Council Meeting of the Shire of 24 February 2021; b. the Annual General Meeting of Electors of the Shire of 28 April 2021; and c. the Ordinary Council Meeting of the Shire of 28 April 2021. | The Panel considered it reasonable that a penalty may have been warranted. However, as stated above, at the time when the Panel convened to decide how the breaches were to be dealt with, Cr Southwell had ceased to be an elected member. Therefore, in the circumstances, the Panel finds that the imposition of a penalty would be futile. Having regard to the Findings, the matters set out herein, and the general interests of local government in Western Australia, the Panel’s decision on how the Minor Breach is to be dealt with under s5.110(6)(a) of the Act, is that no sanction is to be imposed against Cr Southwell. | SP 041 of 2021 | Cr M Southwell | Cr M Scott | At its meeting on 24 June 2021, 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 he: a. made various improper statements in support of a motion without notice at the Ordinary Council Meeting of 16 December 2020; b. published a motion with notice with “reasons for Motion” in the Agenda for the Ordinary Council Meeting of 20 January 2021; c. made a Facebook Post on 20 December 2020 which contained allegedly misleading comments; and d. made a Facebook Post on 31 January 2021 which restated the motion and reasons for motion previously published in the Agenda for the Ordinary Council meeting of 20 January 2021. | The Panel considered it reasonable that a penalty may have been warranted. However, as stated above, at the time when the Panel convened to decide how the breaches were to be dealt with, Cr Southwell had ceased to be an elected member. Therefore, in the circumstances, the Panel finds that the imposition of a penalty would be futile. Having regard to the Findings, the matters set out herein, and the general interests of local government in Western Australia, the Panel’s decision on how the Minor Breach is to be dealt with under s5.110(6)(a) of the Act, is that no sanction is to be imposed against Cr Southwell. |
| SP 029 of 2021 | Cr M Southwell | Mr Robert Stewart | On 8 April 2021, the Panel found that Shire President Councillor Michael Southwell, the Shire President of the Shire of Capel (“the Shire”) did commit a minor breach pursuant to the Local Government Act 1995 (WA) (“the Act”) and Division 4 of the Local Government (Model Code of Conduct) Regulations 2021 (“the Regulations”) when he breached regulation 20 of the Regulations when he allegedly approached a Shire employee in an abusive and threatening manner as further set out in paragraph 17 below. | The Standards Panel orders pursuant to section 5.110(6)(b)(ii) of the Act that, in relation to the two Minor Breaches of regulation 4 of the Regulations, Cr Southwell make a public apology in terms of the attached Order. Cr Southwell failed to make the public apology at the 29 Septermber 2021 Ordinary Meeting of Council. The CEO published the notice of public apology on the Shire Facebook page and website on 6 October 2021 under paragraph 3 Standards Panel Order. |
| SP 069 of 2021 | Cr M Southwell | Mr I McCabe | At its meeting on 8 March 2021, 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) and Regulation 10(3)(b) of the Local Government (Rules of Conduct) Regulations 2007 (WA) (“the Regulations”) when he made a comment about the Shire’s Chief Executive Officer at the Council Meeting that was held on 24 April 2019. | The Panel considered it reasonable that a penalty may have been warranted. However, as stated above, at the time when the Panel convened to decide how the breaches were to be dealt with, Cr Southwell had ceased to be an elected member. Therefore, in the circumstances, the Panel finds that the imposition of a penalty would be futile. Having regard to the Findings, the matters set out herein, and the general interests of local government in Western Australia, the Panel’s decision on how the Minor Breach is to be dealt with under s5.110(6)(a) of the Act, is that no sanction is to be imposed against Cr Southwell.. |
| 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. |
| 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. |
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.
2021-22 Financial Year (PDF 100KB)
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.
Register of gifts and Travel to 18 October 2019
Prior to the amendments to the Local Government Act 1995 proclaimed on the 18 October 2019, local governments were required to maintain a register of gifts and travel contributions received by the President, Elected Members, Chief Executive Officer and relevant employees. This register is no redundant but is required to remain publicly available.
|
Name of person making disclosure |
Description of gift |
Name and address of person who made gift |
Date gift was received |
Estimated value of gift at time it was made |
Nature of relationship between person who made gift and person who received gift |
For a gift that is a travel contribution – description and date of travel |
For an excluded gift under s.5.62(1B)(a) – the date of the approval referred to in s. 5.62(1B)(a)(ii) and the reasons for the approval |
|
G MacMile |
Gift basket – not accepted |
Cr R Mogg |
17.08.2021 |
$100.00 |
Councillor |
N/A |
|
|
G MacMile |
Promotional material, coat pin, socks, business card |
Consul General USA |
26.08.2021 |
$40.00 |
Professional |
N/A |
|
|
G MacMile |
Complimentary Tickets to Bunbury Speedway for 1 January 2023 (Declined – unable to attend) |
John Saunders on behalf of Heatley |
11.01.2023 |
$35.00 |
Acquaintance |
N/A |
|
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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