Candidate Information Pack 2021 - bayswater.wa.gov.au - City of Bayswater

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Candidate Information Pack 2021 - bayswater.wa.gov.au - City of Bayswater
Candidate
Information Pack 2021

bayswater.wa.gov.au
Candidate Information Pack 2021 - bayswater.wa.gov.au - City of Bayswater
2   City of Bayswater Candidate Information Pack 2021
Candidate Information Pack 2021 - bayswater.wa.gov.au - City of Bayswater
Contents

1. Introduction to the City of Bayswater       5
  About the City                               7
  What is required of you as a Councillor      8
  Public Notice 2021 Committee
  and Council meeting dates                   12

2. Seats to be Contested                      13
  City of Bayswater Councillors               15
  Seats to be contested on Ordinary Council   15

3. Ward Map                                   17

4. Election Information Sheet                 25
  Local Government Election 2021              27

5. Election Timetable                         25
  Election timetable                          28

6.	Budget Bulletin 2020/21                   29
  How your rates build our community          31

7.	 Codes of Conduct for Elected Members     33

                                                   City of Bayswater Candidate Information Pack 2021   3
Candidate Information Pack 2021 - bayswater.wa.gov.au - City of Bayswater
4   City of Bayswater Candidate Information Pack 2021
Candidate Information Pack 2021 - bayswater.wa.gov.au - City of Bayswater
1. 
Introduction
to the City
of Bayswater

               City of Bayswater Candidate Information Pack 2021   5
Candidate Information Pack 2021 - bayswater.wa.gov.au - City of Bayswater
6   City of Bayswater Candidate Information Pack 2021
Candidate Information Pack 2021 - bayswater.wa.gov.au - City of Bayswater
About the City
The City of Bayswater, ‘The Garden City’, is located
approximately six kilometres north-east of Perth’s CBD.
The City covers an area of approximately 34.6km2 and includes the suburbs of Bayswater, Bedford,
Embleton and Maylands, as well as parts of Morley, Dianella, Mount Lawley, Beechboro and Noranda.
Eleven Elected Members (Councillors) serve on the City of Bayswater Council and represent four
wards: North, West, Central and South. Councillors are elected for a four-year term.
The positions of Mayor and Deputy Mayor are elected by the Council from among themselves.
These positions are elected at the post-election Swearing In Ceremony for a two-year term.
The City employs approximately 302 full-time equivalent staff to deliver the 200 plus services,
programs and projects that it provides to meet the needs of approximately 66,050 residents.
The City’s budget for 2021/22 is $121 million, which includes $34 million of capital works projects.

Facts and figures
Location:                     Six kilometres from the CBD
Total area:                   34.6km2
Population:                   66,050
Families:                     17,470
Residential premises:         25,479
Commercial premises:          1,657
Parks and reserves:           188
Swan River foreshore:         10.2 kilometres
Roads:                        360 kilometres
Footpaths:                    290 kilometres

                                                                              City of Bayswater Candidate Information Pack 2021   7
Candidate Information Pack 2021 - bayswater.wa.gov.au - City of Bayswater
What is required of you
as a Councillor
The Western Australia Electoral Commissioner encourages
diversity in Council representation. Effective Councils are
made up of Councillors that reflect the mix of people in
the community with different needs and interests from
a diverse range of backgrounds.
Councillors are required to work as a team and represent the interests of the whole district.
Councillors play a vital leadership role in creating and implementing the community’s vision, strategic
direction and values, as detailed in the City’s Strategic Community Plan 2021-2031.
Councillors must adhere to particular standards of good conduct in accordance with the City’s Code
of Conduct for Council Members, Committee Members and Candidates.
Councillors are required to govern in the best interests of the district and are accountable in a
number of areas when acting in the role of legislators (Local Laws) , policy makers, strategists and
financial overseers of the district. The key requirement is to ensure that as a decision maker you
are impartial and adjudicate on the matter in an objective, transparent manner without any bias or
subjective interests.
Councillors must obey the law. Each Councillor will receive a range of requests and complaints
from the community, and each Councillor will need to find ways to deal with the issues. The City’s
administration is able to assist councillors manage these challenges in accordance with Council
policy and procedures.

What is required of you?
Agenda reading and Attendance at Meetings
•   Ordinary Council Meetings – held monthly
•   Agenda Briefing Sessions - held monthly
•   Special Council Meetings – as required
•   Minor Committees
•   External Committees
•   Annual General Meeting
•   Workshops / Briefings - held twice a month
•   Civic Functions – eg Citizenship ceremonies
•   Award ceremonies
•   ANZAC Day ceremonies
•   Community Events

8       City of Bayswater Candidate Information Pack 2021
Community Liaison
• Specific days/times/location
• Available to electors as and when required

Responsibilities
•   Work as a team
•   Accountable for decisions
•   Conduct - impartial decision making
•   Confidentiality of information

Disclosures
•   Electoral Gifts
•   Gifts
•   Primary and Annual Returns – including disclosures of financial interests
•   Declaring interests at meetings – including financial, impartial and proximity
•   Membership and roles within community groups and political interests
•   Related Party Disclosure

Recording Keeping
• State Records Office requirements
• Correspondence to/from electors to be recorded

Governance Provisions – important documents to be aware of
• Standing Orders Local Law 2018 – meeting procedures and conduct
• Plans for the future – Strategic Community Plan, Corporate Business Plan, Long Term Financial Plan,
  Workforce Plan, Asset Management Plans
• Annual Budget
• Delegated Authority Register
• Governance Framework
• Annual Report

If you have a passion for your community and an ability to learn new skills, show leadership and work
with others, then becoming a Councillor could be for you.
You may want to attend a Council meeting prior to nominating for Council for an insight into meeting
procedures and the issues discussed and decided at meetings.

                                                                             City of Bayswater Candidate Information Pack 2021   9
Councillor Declaration
Each Elected Member is required to sign the declaration at the swearing in ceremony, as required
under section 2.29 of the Local Government Act 1995 and regulation 13(1)(e) of the Local Government
(Constitution) Regulations 1998, before they can undertake their role as a Councillor. The declaration is:

“I, ..................................................................................................................................................................................................................................................................................

of......................................................................................................................................................................................................................................................................

having been elected to the office of mayor/deputy mayor/president/deputy president/councillor of
the..............................................................................................................................................................................................................................................................................

declare that I take the office upon myself and will duly, faithfully, honestly, and with integrity, fulfil the
duties of the office for the people in the district according to the best of my judgment and ability,
and will observe the City of Bayswater Code of Conduct for Council Members, Committee Members
and Candidates.

Other useful resources to consider
as a prospective Councillor:
City of Bayswater website
bayswater.wa.gov.au
• Temporary Sign Permit Application - rules for election signage. A person shall not place an
  advertising sign on a verge or in a public place without a valid permit. Conditions and exemptions
  apply so please refer to the Local Law for further information.
• If you would like to apply for a temporary advertising signage permit please complete and
  return https://www.bayswater.wa.gov.au/getattachment/Community/Rangers-and-Security/Fire-
  Prevention-(1)/Temporary-Signage-Application-form.pdf?lang=en-AU
• Applications can be made in person or by emailing mail@bayswater.wa.gov.au with the subject field
  Stallholder Permit Application.

Western Australian Electoral Commissioner website
elections.wa.gov.au/elections/local
•    Service Charter for Postal Elections
•    Nominations Form (Form LG08)
•    Disclosure of Gifts (Form LG9A)
•    A Guide for Candidates - Postal Elections

Department of Local Government and Communities website
dlg.wa.gov.au/content/LG/elections/default.aspx
• FAQ About Your Local Government Elections
• Information for Candidates

Mandatory induction prior to nomination
https://www.dlgsc.wa.gov.au/local-government/local-governments/council-elections/induction-
for-prospective-candidates
You must complete an online induction course before you submit your nomination. The course
provides information on the role and responsibilities of being a council member, and the rules
related to election campaigns. When you register your completion of the course, you will receive a
confirmation email with a reference number and date of completion. You must include the reference
number and completion date on your nomination form. The department strongly recommends that
you show a digital or print copy of the confirmation email to the returning officer when you submit
your nomination.

10                 City of Bayswater Candidate Information Pack 2021
Western Australian Local Government Association website
walga.asn.au
Council Member Essentials Training is prescribed as mandatory training, as per section 5.126(1)
of the Local Government Act 1995.

Elected Members must complete this training within their first 12 months
of office. The Council Member Essentials training consists of the following
modules:
•   Understanding Local Government
•   Serving on Council
•   Meeting Procedures
•   Conflicts of Interest
•   Understanding Financial Reports and Budgets.
There is no requirement for Elected Members to undertake this training if they hold a Diploma
of Local Government.

2021 Council Meeting and Agenda Briefing Forum Dates
Ordinary Council Meetings and Agenda Briefing Forums commence at 6.30pm and are held
at the City of Bayswater Civic Centre, 61 Broun Avenue, Morley unless otherwise advertised.
Members of the public are welcome to attend.

                    Council Meeting                 Agenda Briefing Forum

January             27 January 2021                 19 January 2021

February            23 February 2021                16 February 2021

March               23 March 2021                   16 March 2021

April               27 April 2021                   20 April 2021

May                 25 May 2021                     18 May 2021

June                29 June 2021                    15 June 2021

July                27 July 2021                    20 July 2021

August              24 August 2021                  17 August 2021

September           N/A                             N/A

October             26 October 2021                 19 October 2021

November            23 November 2021                16 November 2021

December            07 December 2021                 30 November 2021

                                                                         City of Bayswater Candidate Information Pack 2021   11
INFORMATION SHEET

                State Records Office of Western Australia
                Local Government Elected Members’ Records:
                                          Which records to capture?
     The State Records Commission policy regarding the records of local government
     elected members requires the creation and retention of records of the:
          “…communications and transactions of elected members which
          constitute evidence affecting the accountability of the Council and the
          discharge of its business.”
     This policy applies regardless of a record’s format or where it was received.
     Elected members must create and keep records of communications or
     transactions, which convey information relating to local government business
     or functions. These records should be forwarded to the local government
     administration for capture into the official recordkeeping system.

     Which records should be captured?

             YES – forward to your local                    NO – do not need to be forwarded
             government administration                          to your local government
     Communications from ratepayers,                       Duplicate copies – of Council
     such as:                                              meeting agenda, minutes & papers.
     • complaints & compliments;                           Draft documents or working
     • correspondence concerning                           papers – which are already captured
         corporate matters;                                at the local government.
     • submissions, petitions & lobbying;                  Publications – such as newsletters,
     • information for Council’s interest                  circulars and journals.
     relating to local government business                 Invitations – to community events
     activity & functions.                                 where an elected member is not
     Telephone, meetings & other                           representing Council or the local
     verbal conversations – between an                     government.
     elected member and another party,                     Telephone, meetings & other
     regarding local government projects                   verbal conversations which:
     or business activities.                               • convey routine information only;
     Work diaries – containing                                 or
     information that may be significant to                • do not relate to local government
     the conduct of the elected member on                      business or functions.
     behalf of the local government.                       Electioneering – or party political
     Presentations and speeches –                          information.
     delivered as part of an elected                       Personal records – not related to
     member’s official duties.                             an elected member’s official duties.

     Destruction of records: return all records to the local government for
     authorized and legal destruction.

                More information: contact your local government administration or
                          State Records Office of Western Australia
                                   Tel: 9427 3360 or Email: sro@sro.wa.gov.au
                                                                                     March 2010

12    City of Bayswater Candidate Information Pack 2021
2.
Seats to be
contested

              City of Bayswater Candidate Information Pack 2021   13
14   City of Bayswater Candidate Information Pack 2021
City of Bayswater Councillors
Ward              Councillors                                  Elected           Term Expires

South             Cr Catherine Ehrhardt (re-elected 2019)      2015              2023

South             Cr Elli Petersen-Pik                         2017              2021

Central           Cr Steven Ostaszewskyj                       2019              2023

Central           Cr Barry McKenna                             2017              2021

Central           Cr Sally Palmer (re-elected 2019)            2015              2023

North             Cr Stephanie Gray                            2017              2021

North             Cr Filomena Piffaretti (Deputy Mayor)        2017              2021

North             Cr Michelle Sutherland                       2018              2023

West              Cr Dan Bull (Mayor) (re-elected 2019)        2019              2023

West              Cr Lorna Clarke                              2017              2021

West              Cr Giorgia Johnson                           2017              2021

Seats to be contested
on Ordinary Council
Ward      Number          Term of                     Current sitting Councillor
          of vacancies    successful Candidate

SOUTH     One             4 Years                     Cr Elli Petersen-Pik

CENTRAL   One             4 Years                     Cr Barry McKenna

NORTH     Two             4 Years                     Cr Stephanie Gray and
                                                      Cr Filomena Piffaretti - Deputy Mayor

WEST      Two             4 Years                     Cr Lorna Clarke and
                                                      Cr Giorgia Johnson

                                                                City of Bayswater Candidate Information Pack 2021   15
16   City of Bayswater Candidate Information Pack 2021
3.
Ward Map

           City of Bayswater Candidate Information Pack 2021   17
18   City of Bayswater Candidate Information Pack 2021
City of Bayswater, Perth WA - Electoral Wards 2021
                                                                                                                                                                             City of Swan

                           der
                                                                                          Reid                 Road

                      Drive
                    Alexan

                                                                                                                                                                     Tonkin H
                                                                                                                                                                                                                                    BEECHBORO
                     Widgee                                                                                                                                                         Blackboy                          Wandoo

                                 Bunya Street
                                                                                          NORANDA

                                                                                                                                                                              ig
                                                                                                                                                                                       Wy                              Road

                                                                                                                                                                                                 Beechboro Rd Nth
                      Road

                                                                                                                                                                        hway
                                                   Noranda Avenue                                                                                      Lindsay Drive

                                                                                          NORTH WARD

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                                  el

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                                                                                                                                                                              Street
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                                                               oa
                                                                    d
                                                                                                                    Morley Drive

                   DIANELLA

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                                                                                                                                                                                       ST
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                                                                                                                                                                                                                            Street
                                                                                                                                                                                                                            Wicks
                                                                           Sm tree                                                   MORLEY
                                                                                                                           CENTRAL WARD
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                                                                                                                                                                                                                                    Street
                                                                                                                    et
   City of Stirling
                                                                                                                                                EMBLETON                                                            Broadway

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                                                                                                                                                                     oro Rd

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                                                   Ra ser                                                                                                                          RIVER
                           MT                       Re                               MAYLANDS
                         LAWLEY                                                       SOUTH WARD
                                                                           SWAN
                                      Mitchell
City of Vincent                       Street

                                                                                                                                                                                                                                                              10km
                                                                                                                                                                                                                                      Ocean
                                                                                                                                                                                                                                      Indian

                                                                                                                                                                                                                                                              Perth

   City of Perth                                                                                                                                                                                                                       Fremantle

                   Legend                                                                                                                                                                             City of Bayswater
  North Ward                                           West Ward
  Area 9km²
  Noranda
                                                       Area 11km²
                                                       Part Bayswater
                                                                                                                                                                                                    Electoral Ward Layout
  Part Morley                                          Bedford
                                                                                                                                                                                                                                                                                 Meters
  Part Dianella                                        Part Embleton                                                                                                                         0                      375       750                     1,500           2,250   3,000

                                                                                                                                                                                                                                                                              µ
  Part Beechboro                                       Part Morley
                                                       Part Dianella                                                                                                                   Compiled by: Asset & Mapping Services
  Central Ward
  Area 9km²                                            Part Bassendean                                                                                                                               City of Bayswater
  Part Morley                                          South Ward                                                                                                                      Map Scale: 1:49:000 (at ISO A4 sheet size)
  Part Embleton                                        Area 5km²                                                                                                                       Source data -
  Part Bayswater                                       Maylands                                                                                                                        Data WA 2019
  Part Dianella                                        Part Mt Lawley
  Part Beechboro                                                                                                                                                                       City of Bayswater 2021

                                                                                                                                                                                      City of Bayswater Candidate Information Pack 2021                                                   19
20   City of Bayswater Candidate Information Pack 2021
4.
About the
2021 Local
Government
Election

             City of Bayswater Candidate Information Pack 2021   21
22   City of Bayswater Candidate Information Pack 2021
Local Government
Election 2021
2021 Election Day: Saturday 16 October 2021
Enrolling to Vote
If you are a resident and already registered correctly on the State or Commonwealth Electoral Roll,
you are automatically enrolled to vote in local government elections.
Owners or occupiers of City property who are not residents are also eligible to vote.

Postal Voting
At the Ordinary Meeting of Council on 27 January 2021, Council resolved to conduct the 2021
Local Government Election as a postal election.
In accordance with the provisions of the Local Government Act 1995, where a local government
resolves to have its election conducted as a postal election, the Western Australian Electoral
Commissioner must be responsible for the conduct of that election. Therefore, the WAEC has been
contracted by the City to conduct the 2021 Local Government Elections.
The WAEC appoints a Returning Officer who oversees the election which includes taking candidate
nominations and supervising the count on election night.
Election packages are posted to all electors on the roll about three weeks before Election Day.
The packages can be returned by mail or hand delivered and placed in a sealed ballot box at the Civic
Centre (61 Broun Avenue, Morley) until 6.00pm on Election Day, Saturday 16 October 2021. The count
commences at 6.00pm the same day and the results should be available later that evening.

Who can nominate to be a candidate for election to Council?
Any person who is an Australian citizen, 18 years or over and on the electoral roll (unless a nominee
of a body corporate or otherwise disqualified), may nominate for Council. Prospective nominees are
encouraged to contact the City of Bayswater if they are unsure of their eligibility.
Candidate nominations open on 2 September 2021 and close at 4.00pm on 9 September 2021.

                                                                          City of Bayswater Candidate Information Pack 2021   23
Ballot Draw
Following the close of nominations on 9 September 2021, the ballot draw will take place at the
Civic Centre. The ballot draw is carried out in accordance with the Local Government Act 1995,
and decides the order by which the candidates appear on the ballot paper. Attendance at the ballot
draw is not compulsory however candidates are welcome to attend.

Further Information
Further information on Local Government Elections may be obtained from the ‘Department of Local
Government Sport and Cultural Industries’ website or from the WA Electoral Commission’s website.
The following links take you to the Department of Local Government Elections Overview and the
information page of the WA Electoral Commission.
Department of Local Government Sport and Cultural Industries
dlgsc.wa.gov.au/localgovernment/forcommunity/pages/council-elections.aspx
Western Australian Electoral Commission
waec.wa.gov.au/elections/local_government

24    City of Bayswater Candidate Information Pack 2021
5.
Election
Timetable

            City of Bayswater Candidate Information Pack 2021   25
26   City of Bayswater Candidate Information Pack 2021
Election timetable
The timetable for running local government elections
is broadly prescribed by the Local Government Act
1995 the Local Government (Elections) Regulations
1997. The process is summarised in the Postal Election
Timeline (overpage).
Important dates for the 2021 election are:

Close of Roll
5pm Friday 27 August 2021

Close of Nominations
4pm Thursday 09 September 2021

Commencement of Lodgement of metropolitan local government election packages
Wednesday 22 September 2021

Election Day
Saturday 16 October 2021

                                                               City of Bayswater Candidate Information Pack 2021   27
POSTAL ELECTION TIMETABLE
                                                      2021 Local Government Ordinary Election

                                                                                                                     References
                                 Days to
                                Polling Day              Local Government Act                                        to Act/Regs
                                                                                                                                    Day     Date

                                               Last day for declaration to have the Electoral Commissioner
                                    80                                                                     LGA 4.20 (2)(3)(4)       Wed   28/07/2021
                                               conduct a postal election.

                                               A decision made to conduct the election as a postal election
                                    80                                                                               LGA 4.61(5)    Wed   28/07/2021
                                               cannot be rescinded after the 80th day.
                                               Electoral Commissioner to appoint a person to be the
                                    70                                                                               LGA 4.20 (4)   Sat   7/08/2021
                                               Returning Officer of the Local Government for the election.

                                               Between the 70th/56th day the CEO is to give Statewide public
                                    70                                                                               LGA 4.39(2)    Sat   7/08/2021
                                               notice of the time and date of close of enrolments.
                                    to         Preferred date Wednesday 11 August 2021                                              to        to
                                    56                                                                                              Sat   21/08/2021

                                               Last day for the CEO to advise the Electoral Commissioner of
                                    56                                                                               LGA 4.40(1)          21/08/2021
                                               the need to prepare a residents roll.
                                               Advertising may begin for nominations from 56 days and no
                                    56         later than 45 days before election day.                               LGA 4.47(1)    Sat   21/08/2021

                                               Preferred date Wednesday 25 August 2021
        Roll Close                  50         Close roll 5.00 pm                                                    LGA 4.39(1)    Fri   27/08/2021

                                    45         Last day for advertisement to be placed calling for nominations.      LGA 4.47(1)    Wed   1/09/2021

                                               Nominations Open
     Nominations Open                          First day for candidates to lodge completed nomination paper,
                                    44                                                                               LGA 4.49(a)    Thu   2/09/2021
                                               in the prescribed form, with the Returning Officer. Nominations
                                               period is open for 8 days.
                                               If a candidate's nomination is withdrawn not later than 4.00 pm
                                    38         on the 38th day before election day, the candidate's deposit is        Reg. 27(5)    Wed   8/09/2021
                                               to be refunded.

     Nominations Close                         Close of Nominations
                                    37                                                                               LGA 4.49(a)    Thu   9/09/2021
                                               4.00 pm on the 37th day before election day.
                                               Last day for the CEO to prepare & certify an owners &
                                                                                                                     LGA 4.41(1)
                                    36         occupiers roll for the election. Last day for the Electoral                          Fri   10/09/2021
                                                                                                                     LGA 4.40(2)
                                               Commissioner to prepare & certify a residents roll.
                                               Commencement of lodgement of Country Local Government
                                    29         District election packages with Australia Post. Delivery                             Fri   17/09/2021
                                               dependent on normal Australia Post standards.
                                               Commencement of lodgement of Metropolitan Local
                                    24         Government District election packages with Australia Post.                           Wed   22/09/2021
                                               Delivery dependent on normal Australia Post standards.
                                               The preparation of any consolidated roll under subregulation
                                    22                                                                                Reg. 18(2)    Fri   24/09/2021
                                               (1) be completed on or before 22nd day before election day.

                                    19         Public Holiday                                                                       Mon   27/09/2021

                                               Last day for the Returning Officer to give Statewide public
                                    19         notice of the election.                                               LGA 4.64(1)    Mon   27/09/2021
                                               Preferred date Wednesday 15 September 2021

                                    18         Commence processing returned election packages                                       Tue   28/09/2021

       Election Day                            Election Day
                                    0                                                                                  LGA 4.7      Sat   16/10/2021
                                               Close of poll 6.00 pm

                               Post Election                                                                         References
                                   Day                              Post Declaration                                 to Act/Regs
                                                                                                                                            Date

                                    5          Election result advertisement.                                         LGA 4.77      Thu   21/10/2021
                                               Report to Minister. The report relating to an election under
                                    14         section 4.79 is to be provided to the Minister within 14 days           Reg.81       Sat   30/10/2021
                                               after the declaration of the result of the election.
                                               An invalidity complaint is to be made to a Court of Disputed
                                    28         Returns, constituted by a magistrate, but can only be made            LGA 4.81(1)    Sat   13/11/2021
                                               within 28 days after notice is given of the result of the election.

28     City of Bayswater Candidate Information Pack 2021
6.
Budget Bulletin
2021-22

             City of Bayswater Candidate Information Pack 2021   29
30   City of Bayswater Candidate Information Pack 2021
Community facilities
The City will borrow $4 million to deliver three redeveloped facilities for the community to enjoy by Christmas.

Maylands Waterland $1.5 million                                        Morley Sport and Recreation $1.2 million                           Bayswater Waves $1.7 million

The redeveloped Maylands Waterland will be free to use and             The spectacular new Morley Sport and Recreation Centre             Bayswater Waves is more than just a popular aquatic
open to the public in time for the summer school holidays.             is planned to reopen in October 2021. This impressive civic        centre - it is a community hub that offers a range of
                                                                       building will enable East Perth Basketball Club to host            programs for all ages and abilities.
The much loved facility will retain its original character, while
                                                                       State Basketball League games, at their home, in the heart
incorporating a range of new elements based on community                                                                                  This year’s budget will fund a raft of improvements to
                                                                       of Morley.
feedback. The design of the facility was inspired by the                                                                                  Bayswater Waves including the refurbishment of the
Swan River, local native species and fauna. This theme will be         The redevelopment includes the construction                        25m lap pool, pool hall and plant room. The outdoor
incorporated within the facility through custom made play              of two additional basketball courts within a                       change rooms will be updated and a raised platform built in
elements, artworks and sculptures. The balance of Whadjuk              new sports hall, additional toilets and change rooms,              the Learn to Swim area to allow for a third lane and the
Noongar and European heritage linked to the site is also               new spectator seating, a first aid room, storage and               subsequent expansion of the program. Sustainability
reflected in many of the design features. There will be access         new sports lighting on the adjacent rugby pitch.                   upgrades include the installation of solar panels.
for all abilities, plenty of shade and links to the river foreshore.
                                                                       The $1.2 million put towards the completion of the                 The City was successful in securing an additional $500,000
The redevelopment of Maylands Waterland is a collaboration             Morley Sport and Recreation Centre this year includes              in Federal Government funding towards accessibility
between the City and renowned landscape architect, Dr Josh             $425,000 in municipal funds. It will cement Morley’s               improvements. These include the reconfiguration of the
Byrne, and will include a splash pad, water creek, wading/             position as a strategic metropolitan centre.                       waterslide and creation of pathways to allow for wheelchair
splash pool, play areas, accessible toilets and changing                                                                                  and pram access, the upgrade of the adult change
rooms, pathways, shade sails and structures, grassed areas,                                                                               rooms, remodelling of the entry gate and accessibility
community picnic areas including barbecues, provision for                                                                                 ramps outside the building. These works are planned for
mobile catering, fencing and self-closing gates.                                                                                          completion by December 2021.

capital works funding
Parks & open spaces $5.2 million                                                                                                          Community & sporting facilities $3.9 million
The City will continue to maintain its 185 parks, ovals and                                                                               The City will continue to maintain and upgrade its buildings
open spaces and two golf courses. This year’s budget will                                                                                 and facilities for community use.
include the relocation of the Wotton Reserve Skate Park                                                                                   $50,000 has been allocated to the resurfacing of
and BMX facility to make way for the future Morley Train
Station car park. This $2.5 million project is funded by the                             The City                                         the public tennis courts at Houghton Park, Bayswater.
                                                                                                                                          This project is funded by the Federal Government.
State Government. The City will continue to restore its 10
kilometre stretch of riverbank with $200,000 worth of works
                                                                                      has allocated                                       The community basketball facility at Farnham Reserve
                                                                                                                                          in Noranda will be replaced at a cost of $20,000.
focused this year at Tranby Reserve and Hinds Reserve.
$120,000 will fund stage 2 of the concept plan for Arbor
                                                                                      $20.5 million                                       The City has secured $30,000 for additional exercise
Park in Morley. New pathways will improve access to the area
and the planting of native species will improve biodiversity.
                                                                                     in new funding                                       equipment at Robert Thompson Reserve in Noranda.
                                                                                                                                          This is funded by the State Government.
This project is funded by the Federal Government. The                                 to this year’s                                      This budget includes $72,000 towards new exercise
redevelopment of Gibbney Reserve East in Maylands will
include the replacement of the existing play equipment in
                                                                                        budget for                                        equipment and lighting in Claughton Reserve in Bayswater.
                                                                                                                                          The City has allocated $32,000 towards the replacement
consultation with the community, irrigation upgrades, new
park furniture, accessible pathways and native tree planting.
                                                                                      capital works                                       of the synthetic cricket match wickets at Beaufort Park in
                                                                                                                                          Bedford, De Lacy Reserve in Maylands, Gibbney Reserve
$388,000 will go towards funding this project with $252,000                                                                               in Maylands and Hillcrest Reserve in Bayswater.
provided by the Federal Government. $25,000 will fund a                                                                                   Climate change will be addresses at a local level, with
new shade sale at Grand Promenade Reserve in Bedford.                                                                                     $250,000 dedicated to reducing its impact. This includes
To facilitate the maintenance of these improved parks and                                                                                 $100,000 towards the implementation of our Emission
open spaces, this year’s budget will fund the replacement of                                                                              Reduction and Renewable Energy Plan and a further
mowers, utes and a tractor.                                                                                                               $150,000 to install solar panels at City and community
                                                                                                                                          facilities. The Morley Community Centre will receive
                                                                                                                                          $92,000 for toilet, bathroom and security upgrades
Town centres & neighbourhood shopping
precincts $312,000                                                     Roads, footpaths & drainage $5.4 million                           Software & hardware improvements $1.3 million
The City will continue to support local businesses and work to
                                                                       The City will continue to upgrade and maintain its                 $564,000 has been allocated to Enterprise Resource Planning,
attract visitors to the City’s town and neighbourhood centres                                                                             which will make improvements to our business framework
                                                                       existing network of roads, footpaths, drains and
by improving their appeal. This year the City will allocate                                                                               and corporate systems and enable the City to better plan
                                                                       roundabouts. The City manages 365km of local roads.
another $160,000 to implement the concept plan for Bert                                                                                   resourcing and embrace technological advancements.
Wright Park in Bayswater which will include a community                This year’s budget will fund the design and construction of
garden, a privately run café, shade structure, accessible              a new short-term carpark on Hamilton Street in Bayswater.
                                                                                                                                          Major projects $4.4 million
pathways and tree planting. The City will spend a further              Located in the heart of the town centre, the carpark will
$15,000 on the revitalisation of laneways in Maylands.                 enable shoppers to continue to support businesses along            $4 million in loan funding will go towards the redevelopment
$20,000 will be spent on activating the public spaces in the           Whatley Crescent during the construction of the Bayswater          of Maylands Waterland, Morley Sport and Recreation Centre,
town centres of Morley and Bayswater. $25,000 will be spent            Train Station by METRONET. This $231,000 project is                and Bayswater Waves this year. An additional $425,000
in the Noranda town centre to improve pedestrian connectivity          funded by the State Government with the City being                 in municipal funding has been allocated towards the
and activate public spaces.                                            responsible for ongoing maintenance and leasing costs.             completion of the Morley Sport and Recreation Centre.

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32   City of Bayswater Candidate Information Pack 2021
7.
Code of Conduct
 for Elected
 Members

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34   City of Bayswater Candidate Information Pack 2021
Code of Conduct
Division 1 — Preliminary provisions
1.    Citation
This is the City of Bayswater Code of Conduct for Council Members, Committee Members and
Candidates.

2.    Terms used
(1)   In this code —
      Act means the Local Government Act 1995;
      candidate means a candidate for election as a council member;
      complaint means a complaint made under clause 11(1);
      publish includes to publish on a social media platform.
(2)   Other terms used in this code that are also used in the Act have the same meaning as they have
      in the Act, unless the contrary intention appears.

Division 2 — General principles
3.    Overview of Division
       This Division sets out general principles to guide the behaviour of council members, committee
       members and candidates.

4.    Personal integrity
(1)   A council member, committee member or candidate should —
      (a)   act with reasonable care and diligence; and
      (b)   act with honesty and integrity; and
      (c)   act lawfully; and
      (d)   identify and appropriately manage any conflict of interest; and
      (e)   avoid damage to the reputation of the local government.
(2)   A council member or committee member should —
      (a)   act in accordance with the trust placed in council members and committee members; and
      (b)   participate in decision-making in an honest, fair, impartial and timely manner; and
      (c)   actively seek out and engage in training and development opportunities to improve the
            performance of their role; and
      (d)   attend and participate in briefings, workshops and training sessions provided or arranged
            by the local government in relation to the performance of their role.

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5.     Relationship with others
(1)    A council member, committee member or candidate should —
       (a)    treat others with respect, courtesy and fairness; and
       (b)    respect and value diversity in the community.
(2)    A council member or committee member should maintain and contribute to a harmonious, safe
       and productive work environment.

6.     Accountability
       A council member or committee member should —
       (a)    base decisions on relevant and factually correct information; and
       (b)    make decisions on merit, in the public interest and in accordance with statutory obligations
              and principles of good governance and procedural fairness; and
       (c)    read all agenda papers given to them in relation to council or committee meetings; and
       (d)    be open and accountable to, and represent, the community in the district.

Division 3 — Behaviour
7.     Overview of Division
       This Division sets out —
       (a)    requirements relating to the behaviour of council members, committee members and
              candidates; and
       (b)    the mechanism for dealing with alleged breaches of those requirements.

8.     Personal integrity
(1)    A council member, committee member or candidate —
       (a)    must ensure that their use of social media and other forms of communication complies
              with this code; and
       (b)    must only publish material that is factually correct.
(2)    A council member or committee member —
       (a)    must not be impaired by alcohol or drugs in the performance of their official duties; and
       (b)    must comply with all policies, procedures and resolutions of the local government.

9.     Relationship with others
       A council member, committee member or candidate —
       (a)    must not bully or harass another person in any way; and
       (b)    must deal with the media in a positive and appropriate manner and in accordance with any
              relevant policy of the local government; and
       (c)    must not use offensive or derogatory language when referring to another person; and

  36     City of Bayswater Candidate Information Pack 2021
(d)   must not disparage the character of another council member, committee member or
            candidate or a local government employee in connection with the performance of their
            official duties; and
      (e)   must not impute dishonest or unethical motives to another council member, committee
            member or candidate or a local government employee in connection with the performance
            of their official duties.

10. Council or committee meetings
      When attending a council or committee meeting, a council member, committee member or
      candidate —
      (a)   must not act in an abusive or threatening manner towards another person; and
      (b)   must not make a statement that the member or candidate knows, or could reasonably be
            expected to know, is false or misleading; and
      (c)   must not repeatedly disrupt the meeting; and
      (d)   must comply with any requirements of a local law of the local government relating to the
            procedures and conduct of council or committee meetings; and
      (e)   must comply with any direction given by the person presiding at the meeting; and
      (f)   must immediately cease to engage in any conduct that has been ruled out of order by the
            person presiding at the meeting.

11.     Complaint about alleged breach
(1)   A person may make a complaint, in accordance with subclause (2), alleging a breach of a
      requirement set out in this Division.
(2)   A complaint must be made —
      (a)   in writing in the form approved by the local government; and
      (b)   to a person authorised under subclause (3); and
      (c)   within 1 month after the occurrence of the alleged breach.
(3)   The local government must, in writing, authorise 1 or more persons to receive complaints and
      withdrawals of complaints.

12.     Dealing with complaint
(1)   After considering a complaint, the local government must, unless it dismisses the complaint
      under clause 13 or the complaint is withdrawn under clause 14(1), make a finding as to whether
      the alleged breach the subject of the complaint has occurred.
(2)   Before making a finding in relation to the complaint, the local government must give the person
      to whom the complaint relates a reasonable opportunity to be heard.
(3)   A finding that the alleged breach has occurred must be based on evidence from which it may be
      concluded that it is more likely that the breach occurred than that it did not occur.
(4)   If the local government makes a finding that the alleged breach has occurred, the local
      government may —
      (a) take no further action; or

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(b)    prepare and implement a plan to address the behaviour of the person to whom the
              complaint relates.
(5)    When preparing a plan under subclause (4)(b), the local government must consult with the
       person to whom the complaint relates.
(6)    A plan under subclause (4)(b) may include a requirement for the person to whom the complaint
       relates to do 1 or more of the following —
       (a)    engage in mediation;
       (b)    undertake counselling;
       (c)    undertake training;
       (d)    take other action the local government considers appropriate.
(7)    If the local government makes a finding in relation to the complaint, the local government must
       give the complainant, and the person to whom the complaint relates, written notice of —
       (a)    its finding and the reasons for its finding; and
       (b)    if its finding is that the alleged breach has occurred — its decision under subclause (4).

13.     Dismissal of complaint
(1)    The local government must dismiss a complaint if it is satisfied that —
       (a)    the behaviour to which the complaint relates occurred at a council or committee meeting;
              and
       (b)    either —
              (i)     the behaviour was dealt with by the person presiding at the meeting; or
              (ii)    the person responsible for the behaviour has taken remedial action in accordance
                      with a local law of the local government that deals with meeting procedures.
(2)    If the local government dismisses a complaint, the local government must give the complainant,
       and the person to whom the complaint relates, written notice of its decision and the reasons for
       its decision.

14.     Withdrawal of complaint
(1)    A complainant may withdraw their complaint at any time before the local government makes a
       finding in relation to the complaint.
(2)    The withdrawal of a complaint must be —
       (a)    in writing; and
       (b)    given to a person authorised under clause 11(3).

15.     Other provisions about complaints
(1)    A complaint about an alleged breach by a candidate cannot be dealt with by the local government
       unless the candidate has been elected as a council member.
(2)    The procedure for dealing with complaints may be determined by the local government to the
       extent that it is not provided for in this Division.

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Division 4 — Rules of conduct
Notes for this Division:
1.    Under section 5.105(1) of the Act a council member commits a minor breach if the council
      member contravenes a rule of conduct. This extends to the contravention of a rule of conduct
      that occurred when the council member was a candidate.
2.    A minor breach is dealt with by a standards panel under section 5.110 of the Act.

16. Overview of Division
(1)   This Division sets out rules of conduct for council members and candidates.
(2)   A reference in this Division to a council member includes a council member when acting as a
      committee member.

17. Misuse of local government resources
(1)   In this clause —
      electoral purpose means the purpose of persuading electors to vote in a particular way at an
      election, referendum or other poll held under the Act, the Electoral Act 1907 or the
      Commonwealth Electoral Act 1918;
      resources of a local government includes —
      (a)   local government property; and
      (b)   services provided, or paid for, by a local government.
(2)   A council member must not, directly or indirectly, use the resources of a local government for an
      electoral purpose or other purpose unless authorised under the Act, or by the local government
      or the CEO, to use the resources for that purpose.

18. Securing personal advantage or disadvantaging others
(1)   A council member must not make improper use of their office —
      (a)   to gain, directly or indirectly, an advantage for the council member or any other person; or
      (b)   to cause detriment to the local government or any other person.
(2)   Subclause (1) does not apply to conduct that contravenes section 5.93 of the Act or The Criminal
      Code section 83.

19. Prohibition against involvement in administration
(1)   A council member must not undertake a task that contributes to the administration of the local
      government unless authorised by the local government or the CEO to undertake that task.
(2)   Subclause (1) does not apply to anything that a council member does as part of the deliberations
      at a council or committee meeting.

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20. Relationship with local government employees
(1)    In this clause —
       local government employee means a person —
       (a)    employed by a local government under section 5.36(1) of the Act; or
       (b)    engaged by a local government under a contract for services.
(2)    A council member or candidate must not —
       (a)    direct or attempt to direct a local government employee to do or not to do anything in their
              capacity as a local government employee; or
       (b)    attempt to influence, by means of a threat or the promise of a reward, the conduct of a
              local government employee in their capacity as a local government employee; or
       (c)    act in an abusive or threatening manner towards a local government employee.
(3)    Subclause (2)(a) does not apply to anything that a council member does as part of the
       deliberations at a council or committee meeting.
(4)    If a council member or candidate, in their capacity as a council member or candidate, is attending
       a council or committee meeting or other organised event (for example, a briefing or workshop),
       the council member or candidate must not orally, in writing or by any other means —
       (a)    make a statement that a local government employee is incompetent or dishonest; or
       (b)    use an offensive or objectionable expression when referring to a local government
              employee.
(5)    Subclause (4)(a) does not apply to conduct that is unlawful under The Criminal Code Chapter
       XXXV.

21. Disclosure of information
(1)    In this clause —
       closed meeting means a council or committee meeting, or a part of a council or committee
       meeting, that is closed to members of the public under section 5.23(2) of the Act;
       confidential document means a document marked by the CEO, or by a person authorised by
       the CEO, to clearly show that the information in the document is not to be disclosed;
       document includes a part of a document;
       non-confidential document means a document that is not a confidential document.
(2)    A council member must not disclose information that the council member —
       (a)    derived from a confidential document; or
       (b)    acquired at a closed meeting other than information derived from a non-confidential
              document.
(3)    Subclause (2) does not prevent a council member from disclosing information —
       (a)    at a closed meeting; or
       (b)    to the extent specified by the council and subject to such other conditions as the council
              determines; or
       (c)    that is already in the public domain; or

  40     City of Bayswater Candidate Information Pack 2021
(d)     to an officer of the Department; or
      (e)     to the Minister; or
      (f)     to a legal practitioner for the purpose of obtaining legal advice; or
      (g)     if the disclosure is required or permitted by law.

22. Disclosure of interests
(1)   In this clause —
      interest —
      (a)     means an interest that could, or could reasonably be perceived to, adversely affect the
              impartiality of the person having the interest; and
      (b)     includes an interest arising from kinship, friendship or membership of an association.
(2)   A council member who has an interest in any matter to be discussed at a council or committee
      meeting attended by the council member must disclose the nature of the interest —
      (a)     in a written notice given to the CEO before the meeting; or
      (b)     at the meeting immediately before the matter is discussed.
(3)   Subclause (2) does not apply to an interest referred to in section 5.60 of the Act.
(4)   Subclause (2) does not apply if a council member fails to disclose an interest because the council
      member did not know —
      (a)     that they had an interest in the matter; or
      (b)     that the matter in which they had an interest would be discussed at the meeting and the
              council member disclosed the interest as soon as possible after the discussion began.
(5)   If, under subclause (2)(a), a council member discloses an interest in a written notice given to the
      CEO before a meeting, then —
      (a)     before the meeting the CEO must cause the notice to be given to the person who is to
              preside at the meeting; and
      (b)     at the meeting the person presiding must bring the notice and its contents to the attention
              of the persons present immediately before any matter to which the disclosure relates is
              discussed.
(6)   Subclause (7) applies in relation to an interest if —
      (a)     under subclause (2)(b) or (4)(b) the interest is disclosed at a meeting; or
      (b)     under subclause (5)(b) notice of the interest is brought to the attention of the persons
              present at a meeting.
(7)   The nature of the interest must be recorded in the minutes of the meeting.

23. Compliance with plan requirement
            If a plan under clause 12(4)(b) in relation to a council member includes a requirement referred
            to in clause 12(6), the council member must comply with the requirement.

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42   City of Bayswater Candidate Information Pack 2021
City of Bayswater Candidate Information Pack 2021   43
61 Broun Avenue, Morley WA 6062 | PO Box 467, Morley WA 6943
P: 9272 0622 | F: 9272 0665 | TTY: 9371 8493
mail@bayswater.wa.gov.au | www.bayswater.wa.gov.au
    facebook.com/bayswatercity                    instagram.com/cityofbayswater

  44      City of Bayswater Candidate Information Pack 2021
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