declarations of receipt of gifts by elected members & the ceo

The Local Government Regulations Amendment (Gifts) Regulations 2019 gazetted on 18 October 2019 sets out a new gift framework to provide a transparent system of accountability where members of the community can have confidence in the decision-making of their elected members.

Council members and CEO must declare any gift received in their capacity as a Council member or CEO valued at $300 or above (or where the cumulative value of gifts from the one donor exceeds $300 in a 12 month period).

All gifts must be disclosed within 10 days of receipt with the CEO to update the gifts register within 10 days, and for an up-to-date version of the register to be published on the local government’s official website.

Failure to disclose a gift may result in a Council member being prosecuted or the Departmental CEO referring a serious breach of the Act (related to gifts) to the State Administrative Tribunal. The maximum penalty for failure to disclose a gift is a fine of $10,000 or imprisonment for two years.

Gifts that will not create an interest are those involving attendance at events as approved by Council in accordance with Council’s Attendance at Events Policy.

If a Council member receives any gift (or a series of gifts in a 12 month period) valued at $300 or above and the donor has a matter before Council, the Council member must disclose an interest and remove themselves from the meeting (unless approval is granted by the Council or the Minister, depending on the value of the gift). The donor becomes a closely associated person in accordance with section 5.62.

If the amount of the gift(s) is less than $1,000, under section 5.68, the Council may allow the disclosing council member to participate if:

  • The Council member discloses the extent of the interest they have; and
  • Council decides that the interest is so trivial or insignificant as to be unlikely to influence the disclosing person’s conduct in relation to the matter; or
  • The interest is common to a significant number of other electors or ratepayers.

The interest, the Council’s decision and the reasons for that decision must be recorded in the minutes.

If an interest valued at over $1,000 is disclosed, under section 5.69 the Council or CEO may apply to the Minister to allow the disclosing member to participate in meetings or parts of meetings relating to that matter. In this case, the Minister must consider that it is in the best interests of the electors or ratepayers for this to happen, or that approval is necessary to provide a quorum. The Minister’s decision and the reasons for that decision must be recorded in the minutes of the meeting where the matter is discussed.

To view the Town of East Fremantle 'Registers of Gifts and Contributions to Travel' click below:

2016/2017 Financial Year

2017/2018 Financial Year

2018/2019 Financial Year

2019/2020 Financial Year

2019/2020 Financial Year (From 18/10/19)

2020/2021 Financial Year