Governance
The role of Council is to govern the Shire of Mingenew’s affairs and is responsible for the performance of the local government’s functions. The Local Government Act 1995, subsidiary legislation and other written law guides Councillors and Shire employees in their performance of their role. As such, this page provides information on a number of Governance functions to assist in informing the community and meeting its statutory obligations.
Local Laws
A local government may make Local Laws under the Local Government Act 1995 to enable a local government to effectively and efficiently perform its duties and functions. This allows a local government to meet the local community needs that may not already be provided for under the Act or any other written law.
Current Local Laws
The purpose of this local law is to make provisions about the rules that apply to the conduct of Council, Committee and Electors meetings for the Shire of Mingenew.
Shire of Mingenew Standing Orders Local Law 2017This local law has been established to control and manage the Shire of Mingenew cemetery.
Shire of Mingenew Cemeteries Local Law 2017Local Law Review
Local Governments are required to undertake a review of its local laws periodically, at least every 8 years. The Shire underwent a Local Law Review in 2017 and resolved to repeal a number of outdated Local Laws that are obsolete due to changes in legislation and adopt a suite of new Local Laws.
The making of local laws (including replacing and repealing) is a highly prescriptive, costly and time intensive exercise that involves suitable stakeholder engagement and advertising. The Shire of Mingenew has adopted two new local laws since the review and is working towards implementing the remaining recommendations of the Review in 2021.
Conduct
The Shire of Mingenew is committed to delivering excellence in customer service that reflects the Shire’s Values and upholds the principles of good governance. To manage Councillor and employee conduct, the Shire has in place a number of guiding documents that outline expected behaviour and conduct.
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In accordance with s.5.121, the Shire of Mingenew maintains a Complaints Register which records all complaints resulting in a finding (s.5.110(2)) that a minor breach has occurred.
A council member commits a minor breach if the council member —
(a) contravenes a rule of conduct; or
(b) contravenes a local law under this Act, contravention of which the regulations specify to be a minor breach.
The Complaints Register can be viewed by clicking on the link below
Freedom of Information
Freedom of Information gives the public a right to access government documents, subject to some limitations. In Western Australia, under the Freedom of Information Act 1993 (FOI Act), the right applies to local governments, including the Shire of Mingenew. Documents available under the FOI Act include paper records, plans and drawings, photographs, tape recordings, films, video files or information stored in computerised form.
The Shire of Mingenew Information Statement is reviewed and published annually, as required by the FOI Act which provides information about the Shire and how members of the public can access information through usual means or make an application under the FOI Act.
For advice or further information on FOI and the types of documents held by the Shire, please contact the Shire on 9928 1102 or email enquiries@mingenew.wa.gov.au.
Registers
The Shire of Mingenew maintains a register of Councillor attendance at Council meetings and committees to ensure compliance with s2.25 of the Local Government Act 1995.
LEGEND | X – Attended Meeting E – Attended by electronic means (approved) A – Apology L – Leave of Absence granted N/A – not required to attend
| Council Meeting | Cr GJ Cosgrove | Cr JD Bagley | Cr HR McTaggart | Cr AR Smyth | Cr JR Holmes | Cr AT Pearse | Cr RA Starick |
|---|---|---|---|---|---|---|---|
| 19 Jul 23 S | X | X | X | X | X | X | N/A |
| 16 Aug 23 | X | X | X | A | X | X | N/A |
| 20 Sep 23 S | X | X | X | X | X | X | N/A |
| 18 Oct 23 | X | X | X | X | X | A | N/A |
| 15 Nov 23 S | X | X | X | A | X | X | X |
| 6 Dec 23 | X | X | X | X | X | X | X |
| 15 Dec 2023 S | X | E | X | A | X | E | X |
| 21 Feb 24 | X | X | L | A | X | X | X |
The CEO is required to publish a report on the training completed by council members in a financial year, within 1 month of the end of the financial year, as per s5.127 of the Local Government Act 1995.
LEGEND | (M) – Mandatory Training (E) – Elective Training (P) – Progressing or Date completed
| Training Course | Cr GJ Cosgrove | CR JD Bagley | Cr CV Farr | Cr HR McTaggart | Cr AR Smyth | CR JR Holmes | CR AT Pearse | Cr RA Starick |
|---|---|---|---|---|---|---|---|---|
| Serving on Council (M) | Completed 8 Feb 22 | Completed 8 Feb 22 | Completed 8 Feb 22 | Completed 17 Oct 20 | Completed 8 Feb 22 | Completed 8 Feb 22 | Not commenced | Completed 13 Nov 23 |
| Understanding Local Government (M) | P | Completed 28 Jul 20 | P | Completed 17 Oct 20 | P | Completed 4 Sep 22 | Not commenced | Completed 13 Nov 23 |
| Meeting Procedures (M) | P | P | P | Completed 17 Oct 20 | P | Completed 4 Sep 22 | Not commenced | Not commenced |
| Conflicts of Interest (M) | P | P | P | Completed 17 Oct 20 | P | Completed 4 Sep 22 | Not commenced | Not commenced |
| Understanding financial reports and Budgets (M) | Completed 9 Feb 22 | Completed 9 Feb 22 | Completed 9 Feb 22 | Completed 17 Oct 20 | Completed 9 Feb 22 | Completed 9 Feb 22 | Not commenced | Not commenced |
Council’s Delegation Register is reviewed and updated at least once each financial year, in accordance with s5.18 and s5.46 of the Local Government Act 1995. The Register outlines the delegations made from Council to the Chief Executive Officer and Committees, and the Chief Executive Officer to other staff.
In accordance with Division 6 of the Act, a member of Council or employee must disclose the nature of any interest in certain matters e.g. that are to be discussed at a council or committee meeting or when performing a function or duty under delegated authority.
2020 Register of Interest Disclosures
2021 Register of Interest Disclosures
2022 Register of Interest Disclosures
| 2023 | |||||
|---|---|---|---|---|---|
| Date of Meeting | Minute Book Item No | Date of Disclosure | Name of Person Making Disclosure | Type of Interest | Nature / Extent of Interest |
| 16/08/2023 | 11.1 | 16/08/2023 | Cr HR McTaggart | Proximity | Landowner of adjacent property to which the proposed rezoning is being applied |
| 20/09/2023 | 7.5 | 20/09/2023 | Cr JR Holmes | Financial | Director of farm business making application (and father of applicant) |
| 06/12/2023 | 13.5 | 06/12/2023 | Cr JR Holmes Cr HR McTaggart Cr AR Smyth | Proximity | Landowner of affected or adjacent property to which the Bush Fire Prone Area Map refers |
Section 5.88 of the Local Government Act 1995 requires that a local government publish Primary and Annual Returns on its website. A Primary Return is a prescribed form that must be lodged within 3 months of a relevant persons start date. An Annual Return is a prescribed form that is to be completed by 31 August each year that is a statement of information based on the person’s circumstances for the previous financial year. The following elected members and employees have lodged a primary and/or annual return:
- Cr GJ Cosgrove, Shire President
- Cr JD Bagley, Deputy President
- Cr HR McTaggart, Councillor
- Cr AR Smyth, Councillor
- Cr JR Holmes, Councillor
- Cr AT Pearse, Councillor
- Erin Greaves, Governance & Community Manager
- Matt Fanning, Chief Executive Officer
- Shane Noon, Works Manager
- Helen Sternick, Manager Corporate Services
- Cr RA Starick, Councillor
Under s5.89A of the Local Government Act 1995, a local government is required to keep a register of gifts and publish any disclosures on its website. In accordance with Regulation 28A of the Local Government (Administration) Regulations 1996, this version of the register does not disclose information about individuals’ addresses other than the applicable town or suburb included in the disclosure.
‘Nil’ disclosures as at 31 December 2023.
‘Nil’ disclosures as at 31 December 2023.
Council Policies
The Shire has developed policies that guide Administration and Council in implementing decisions of Council and efficiently managing resources and procedures for daily operations.
- 1.1.1 Elected Member Entitlements Policy (Dec 2023)
- 1.1.2 Elected Member Communications Policy (Dec 2023)
- 1.1.3 Communication between Elected Members and Staff Policy (Dec 2023)
- 1.1.4 Code of Conduct for Elected Members, Committee Members and Candidates (Dec 2023)
- 1.1.5 Elected Member Training and Professional Development Policy (Dec 2023)
- 1.1.6 Elected Member and CEO Attendance at Events Policy (Dec 2023)
- 1.1.7 CEO Standards for Recruitment, Performance and Termination (Dec 2023)
- 1.1.8 Code of Conduct Behaviour Complaints Management Policy (Dec 2023)
- 1.2.1 Records Management Policy
- 1.2.2 Risk Management Policy
- 1.2.3 Legal Representation – Costs Indemnification Policy
- 1.2.4 Temporary Employment or Appointment of CEO Policy
- 1.2.5 Work Health and Safety Policy
- 1.2.6 Gratuities Management Policy
- 1.2.7 REVOKED Discrimination, Harassment and Bullying Policy (HR Policies and Procedures)
- 1.2.8 ICT Policy
- 1.2.9 Pre-qualified Suppliers Policy
- 1.2.11 Accessible Information Policy
- 1.2.12 Reasonable Adjustment Policy
- 1.2.13 Christmas Period Closure Policy
- 1.2.14 Public Interest Disclosures Policy
- 1.2.15 Common Seal Policy
- 1.2.16 Fraud and Misconduct Management Policy
- 1.3.1 Purchasing Policy
- 1.3.2 Asset Management Policy
- 1.3.3 Investment of Surplus Funds Policy
- 1.3.4 Significant Accounting Policies
- 1.3.5 Corporate Credit Card Policy
- 1.3.6 Related Parties Disclosures Policy
- 1.3.7 Regional Price Preference Policy
- 1.3.8 Employee Superannuation Policy
- 1.3.9 Debt Collection Policy
- 1.3.10 Fees and Charges Policy
- 1.3.11 Financial Hardship Policy
- 1.4.1 Community Engagement Policy
- 1.4.2 Supporting the Community Policy
- 1.4.3 Community Bus Hire Policy
- 1.4.4 Child Safety Awareness Policy (Dec 2023)
Elections
Local Government elections are held on the third Sunday in October every two years, with the next election occurring Saturday, 21 October 2023. Councillors are elected for terms of four years in Western Australia. Elections are held every two years for half of the council, and candidates are elected using the first-past-the-post voting system. If a vacancy occurs within a term, an extraordinary election is held.
The Shire of Mingenew has historically had a two-ward boundary structure – with a Rural ward and Town ward. Following a review of the Ward Boundaries and Electoral representation in 2020, it was resolved to abolish the two-ward system whilst retaining the same number of Councillors at 7. Ministerial approval has been provided and the changes will be implemented at the 2021 local government election.
Prior to an election being held the Council determines whether it wishes to appoint the Electoral Commissioner to run the election as a postal election or whether it wishes to run it as an ‘in-person’ election.
To be eligible to vote in an upcoming election, individuals need to ensure that they are on the electoral role. For local government elections, rolls close at 5.00 pm, 50 days prior to polling day. All electors should check their enrolment details are up to date before rolls close.
If the number of candidates is equal to the number of vacancies, the candidate is elected unopposed. If there are more candidates than vacancies, then the election will proceed.
For more detailed information visit https://www.elections.wa.gov.au/elections/local.
Anyone aged 18 years or older, and is on the Shire of Mingenew Electoral Roll, can nominate for council.
You cannot run for Council if you are:
- A member of parliament or a member on another Council
- Are financially insolvent
- Currently serving a prison sentence
- Convicted of a serious local government offence in the previous five years
- Convicted of an offence for which the indictable penalty was imprisonment of more than five years
- Found personally liable for misapplying local government funds or property in the previous five years.
Nominations for a local government election open 44 days before polling day and close at 4.00 pm, 37 days before polling day. Use the Electoral Commission’s Nomination Builder to electronically complete the nomination form and candidate profile. Further information can be found at https://www.elections.wa.gov.au/elections/local.
The role of Council Members is very important in our democratic system. Local government elections are an opportunity for electors of the district to become part of local government decision making and represent their community. Whilst it requires a significant amount of time and commitment, it can be very rewarding. If you are considering nominating it is suggested that you contact a sitting Council Member.