Breaches of the Local Government Act 1995

Complaint confidentiality

It is very important to note that once a complaint has been lodged, confidentiality applies. Under section 8A.36 of the Act, it is an offence to disclose information that the complaint has been made or any information about any details of the complaint unless permitted by law.

Complaints lodged before 1 January 2026

Minor breaches

Minor breach complaints lodged before 1 January 2026 will be dealt with by the Local Government Standards Panel (the Panel).

The Panel is a body established under previous section 5.122 of the Act, to objectively and impartially determine allegations of minor breach of the Rules of Conduct against a council member.

The Panel cannot investigate matters. It can only make decisions based on the information before it. Once your complaint has been assessed you will be notified of the status of your complaint.

Members of the Panel

The Panel comprises of three members:

1. An officer of the department who is the presiding member.
2. A person who has experience as a member of a council.
3. A person with relevant legal knowledge.

Administrative support is provided by the department.

Please note, the department and the Panel are separate entities.

The current Panel members are:

Presiding member

Erin Gauntlett, Deputy Director General, Department of Local Government, Industry Regulation and Safety.

Local government member

Peter Rogers, Councillor, City of Mandurah

Legal member

Emma Power, Principal, Power Commercial Legal

Serious breaches

Serious breach complaints lodged before 1 January 2026 will be progressed by the department.

A serious breach is an offence committed by a council member against a written law when the person is acting in their capacity as a council member. The majority of the offences of this nature are within the Act, which include:

• failure to declare an interest (section 5.65)
• failure to submit an annual return (section 5.76)
• failure to declare a gift (section 5.87A)
• failure to vote (section 5.21).

Serious breach complaints will be assessed by the department and may be investigated.

If the department considers that it may be appropriate to make an allegation to the State Administrative Tribunal in relation to the matter, it will be referred to the Local Government Inspector to manage. 

Complaints of serious misconduct by either a council member or an employee of a local government should be made to the Corruption and Crime Commission.

A complaint of minor misconduct of an employee of a local government, should be made to the Public Sector Commission.