Like State and Federal Governments, local governments should not be making significant decisions while an election is underway.
In State and Federal Government, the government enters what is called a caretaker period when a general election is held. This period means that crucial decisions that would bind a new government are not made while the electors are deciding who the new government should be. Historically, many local governments also carried out a caretaker period for their ordinary elections, however this was decided on a case by case basis and implemented through a council’s own policies and decisions.
Just like State and Federal Governments, local governments should not be making significant decisions while an election is underway, particularly decisions that would bind a future council to a particular course of action.
While the administration of a local government is not changed by an election, an administration is subject to the direction of the council chosen by the electors. As such, entering major contracts, changing the CEO, and similar significant decisions should not be made until after the local government election concludes. This allows a potential new council to choose the course of action that best reflects the electors they represent.
This reform standardises a caretaker period across all local governments in Western Australia.
The caretaker period will apply to all ordinary local government elections from October 2025 onwards.
The caretaker period runs from the close of nominations to declaration of the poll.
It will also apply to any election to elect an entire council after it has been declared vacant or dismissed.
It will not apply to extraordinary local government elections.
During a caretaker period a local government must not do a significant act unless an exception applies.
The first exception relates to decisions which were made prior to the caretaker period but not yet actioned. In this circumstance a local government can implement a decision made prior to the caretaker period, such as signing a major contract, but it must first give local public notice of the details of the:
This local public notice must also be provided to the Director General of DLGSC.
The second exception provides that a local government may do a significant act to comply with the law, an order of a court of tribunal or a contractual obligation arising from a contract entered into by a local government before the caretaker period. This ensures that a local government’s legal obligations can be met (s.3.73(5)).
The third and final exception allows a local government to undertake a significant act in an emergency with the approval of the Director General of DLGSC. This ensures that emergency responses can be undertaken during this period.
The Act and Functions and General Regulations set out several matters which constitute a significant act. It is a significant act to both make the decision to undertake a significant act, and to undertake that significant act. For example, both the decision of the council to enter into a major contract and the CEO signing the contract are significant acts.
The below table may assist in understanding what are the significant acts not permitted during the caretaker period:
(f) entering into a contract, or other agreement or arrangement worth, or expected to be worth more than $250,000.*
(i) an act done under a written law or otherwise that is a prescribed act.
Refer to regulation 3A of the Local Government (Functions and General) Regulations 1996.
The prescribed matters include: