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Review of the WA Local Government Standards Panel and its relationship to the Corruption and Crime Commission

Howe, S.W. (2013) Review of the WA Local Government Standards Panel and its relationship to the Corruption and Crime Commission. Local Government Law Journal, 18 . pp. 3-17.

Abstract

This article examines the 2011 review of the Western Australian Local Government Standards Panel (LGSP) which was established in 2007. In particular this article focuses on the Review Committee’s recommendations in relation to the interaction between the LGSP and the Corruption and Crime Commission of Western Australia (CCC). The article acknowledges the value of Recommendation 4 and supports the Review Committee’s recommendation that a closer relationship between the LGSP and the CCC’s Corruption Prevention Directorate should exist. However, the article goes on to argue that despite what appears to be a contrary view being held by the Department of Local Government and LGSP, both of these bodies have a binding obligation to report a reasonable suspicion of misconduct to the CCC pursuant to s 28 of the Corruption and Crime Commission Act 2003 (WA). The article supports Recommendation 32 which advocates for consistency between the general principles guiding council member behaviour currently contained in the Rules of Conduct, the proposed new Uniform Code of Conduct and the CCC Act, s 4 definition of misconduct. Finally, this article argues that Recommendation 31, which proposes legislative changes which seemingly mirror the legislative scheme in Queensland under the Crime and Misconduct Act 2001 (Qld), are oversimplified and would be ineffective in the Western Australian context

Publication Type: Journal Article
Murdoch Affiliation: School of Law
Publisher: Thomson Reuters
Copyright: Thomson Reuters
Publishers Website: http://www.thomsonreuters.com.au/local-government-...
URI: http://researchrepository.murdoch.edu.au/id/eprint/14706
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