Locals laws, policies, delegation register & FOI

Policies

Integral in aligning Councils operations with its mission, vision and direction are its Policies. These policies, adopted and reviewed by Council every four years, detail the guiding principles on which specific matters are managed.

Below is the Town's Policy Manual as well as the Code of Coduct and local laws. To access any of these please click on the title.

Code of Conduct
Policy Manual

Local Laws

Activities on Thoroughfares and Public Places Local Law 2003 (Under review)
Dog Local Law 2012
Fencing Local Law 2000 (Under review)
Foreshore Building Line Freshwater Bay Local Law 2000 
Health Local Law 2010
Height of Buildings - Freshwater Bay Local Law 2000 
Local Government Property Local Law 2000 (Under review)
Town of Claremont Meeting Procedures Local Law 2018
Parking Local Law 2016
Signs Local Law (Including 2008 Amendment) (Under review)
Site Erosion and Sand Drift Local Law 2016
Waste Local Law 2017
 

Delegation Authority Register

Delegations of authority are required in order to provide the Chief Executive Officer of the Town with the power to exercise duties and make determinations. It is essential that the Town’s delegations are performed in a manner that is in accordance with the adopted governance framework and is compliant with the relevant legislation. The Town is required to keep records on the exercise of its delegations.
To view the register please click here.

Freedom of Information

The Western Australian Freedom of Information Act 1992 gives individuals the right to apply for access to documents held by State Public Sector agencies which includes: Government Departments; Local Authorities; Statutory Authorities and Ministers.
The Town of Claremont is an agency within the meaning of the Freedom of Information Act 1992. Accordingly the requirements of the Act apply to the Town of Claremont from the commencement date of that legislation, being 1 November 1993.

The intention of the Act is to:

  • Confer upon persons a general right of access to information held by agencies;
  • Confer upon individuals a right to apply to an agency for an amendment of personal information to ensure that it is accurate, complete, up to date and not misleading;
  • Place an obligation on agencies to make publicly available certain information about their operations.The Act also requires that agencies prepare and publish an Information Statement which conveys the maximum possible detail to the public about its operations and how access may be obtained to public documents.
To view the Freedom of Information Statement please click here.

To apply for access to documents please click here for the application form.

Please note that certain requests for information may require a completed statutory declaration form. Please click here for the declaration form.

For a schedule of the authorised witnesses for statutory declarations, please click here.
 

Public Interest Disclosure

The Public Interest Disclosures Act 2003 facilitates the disclosure of public interest information and provides protection for those making such disclosures and those who are the subject of disclosures. The Town of Claremont is committed to the aims and objectives of the Public Interest Disclosure Act.
The Town does not tolerate corrupt or other improper conduct, including mismanagement of public resources and strongly supports disclosures being made in respect of conduct which is potentially corrupt or otherwise improper.
The Town will take all reasonable steps to provide protection to anyone who makes such disclosures from any detrimental action in reprisal for the making of a public interest disclosure.
Public interest disclosure is a disclosure which is made by a person who discloses to a proper authority (in local government that is the Public Interest Disclosure (PID) officer), information which tends to show past, present or proposed future wrongdoing by a public body when performing a public function.
The Public Interest Disclosure Act 2003 facilitates the disclosure of public interest information by providing protection for those who make disclosures and those who are the subject of disclosures.
You can make public interest disclosures (PID) about improper conduct in public authorities that include State government agencies and departments, local governments (including the Town of Claremont), and bodies established under a written law for a public purpose, such as a public university.

Who can make a disclosure?

Any person can make a disclosure if they believe something is wrong with the way a public body has acted, is acting or is going to act. 
A disclosure is more than a general complaint or dissatisfaction with a service or a decision, and it is more than a personal grievance. In order to be covered by the Act, the information needs to relate to a matter of public interest.
You should also consider whether you have reasonable grounds to believe the information you are thinking of disclosing is true, or otherwise you believe it to be true.

What should be disclosed/reported?

A disclosure must show the public body's involvement in one or more of the following:
  • Improper conduct;
  • An act or omission that constitutes an offence under State Law including corruption;
  • Substantial unauthorised or Irregular use of, or substantial mismanagement of, public resources;
  • Conduct that involves a substantial and specific risk of injury to public health, prejudice to public safety or harm to the environment.
  • A matter of administration that can be investigated under Section 14 of the Parliamentary Commissioner Act 1971.
Before making a disclosure, it is important that you are aware of the rights and responsibilities imposed on disclosers and others under the Act.
It is a serious offence to make a disclosure that you know or suspect is false, trivial, vexatious, misleading or tied to any personal agenda. If you know the information in the disclosure is false or misleading, or you are reckless about the information, it will be considered an offence and could attract a penalty of $12,000 or one year of imprisonment. 
If you choose to make your disclosure under the Act you must ensure you do not discuss the matter with anyone other than the PID Officer or the person conducting the investigation. You may lose your immunity under the Act and breach the confidentiality provisions which may incur a penalty if you do.

How to make a disclosure

Before making a disclosure you should contact the PID officer to find out more about:
  • how to make the disclosure and who you should disclose to;
  • your rights and responsibilities;
  • the protections that will apply; and
  • whether the information you have is covered by the Act.
The Town of Claremont’s PID officer is:
Bree Websdale
Director Governance and People
Town of Claremont
Number One Claremont
308 Stirling Highway, Claremont, WA 6010
PO Box 54 Claremont WA 6910
ph +61 8 9285 4300
bwebsdale@claremont.wa.gov.au

On receipt of a disclosure of public interest the PID Officer shall comply with its obligations under the Act.
For further information regarding Public Interest Disclosures please see the Public Sector Commission website.