Complaints Register

Complaints Register

The Local Government Act 1995 requires a Complaint Register be maintained. This register records all complaints that result in a finding under section 5.110(2)(a) where a minor breach has occurred.

The register of complaints is to include, for each recorded complaint:

  • Name of the council member about whom the complaint is made
  • Name of the person who makes the complaint
  • Description of the minor breach that the standards panel finds has occurred
  • Details of the action taken under section 5.110(6).

The CEO must publish an up to date version of the register of complaints on the local government’s official website.

Register of certain complaints of minor breaches [s.5.121 (1)]

LGSP Ref. No. Council Member
Complained About (s.5.121 (2) (a))
Person
Making Complaint
(s.5.121 (2) (b))
Description
of Finding of Minor Breach
(s.5.121 (2) (c))
Details of Actions Taken
(s.5.121 (2) (d))
SP26 of 2018 Cr M Southwell Mr P Sheedy The Panel found that Councillor Michael Southwell (‘Cr Southwell’), a councillor for the Shire of Capel (‘the Shire’), committed four minor breaches under the Local Government Act 1995 (WA) (‘the Act’) and regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 (‘the Regulations’) when making statements in a series of Facebook posts on 6 February 2018, 25 March 2018 and on 29 March 2018 and in the reasons section given in support of a motion moved by Cr Southwell for a Council meeting on 28 March 2018. Order for a public apology to the CEO, shire staff, fellow councillors and Shire, as specified in the Order; appealed by Cr Southwell January 2019 to the State Administrative Tribunal (SAT) (awaiting outcome).
SP 27 of 2018 Cr M Southwell Cr M Scott The Panel found that Councillor Michael Southwell (‘Cr Southwell’), a councillor for the Shire of Capel (‘the Shire’), committed two  minor breaches under the Local Government Act 1995 (WA) (‘the Act’) and regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 (‘the Regulations’) when he submitted a Question on Notice as part of the agenda for the Shire of Capel Ordinary Council meeting on 28 March 2018. Order for public apology to Cr M Scott and Mr C Scott as specified in the Order; appealed by Cr Southwell January 2019 to the State Administrative Tribunal (SAT) (awaiting outcome).
SP28 of 2018 Cr M Southwell Mr C Scott The Panel found that Councillor Michael Southwell (‘Cr Southwell’), a councillor for the Shire of Capel (‘the Shire’), committed two  minor breaches under the Local Government Act 1995 (WA) (‘the Act’) and regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 (‘the Regulations’) when he submitted a Question on Notice as part of the agenda for the Shire of Capel Ordinary Council meeting on 28 March 2018. Order for public apology to Cr M Scott and Mr C Scott as specified in the Order; appealed by Cr Southwell January 2019 to the State Administrative Tribunal (SAT) (awaiting outcome).
SP36 of 2018 Cr S Schiano Cr M Southwell The Panel found that Councillor Sebastian Schiano (‘Cr Schiano’), a councillor for the Shire of Capel (‘the Shire’) committed one minor breach under the Local Govenrment Act 1995 (WA) (‘the Act’) and regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 (‘the Regulations’) when he made a comment on a local resident’s Facebook post on 1 March 2018 regarding a Council rates workshop on the previous day. The Panel found Cr Schiano did not commit a breach of regulation 6 (2)(b) in relation to the same Facebook post. The Complaint was dismissed. Matter closed.
SP37 of 2018 Cr M Southwell Mr P Sheedy The Panel found that Councillor Michael Southwell (‘Cr Southwell’), a councillor for the Shire of Capel (‘the Shire’), committed a minor breach under the Local Government Act 1995 (WA) (‘the Act’) and
regulation 7(1)(b) of the Local Government
(Rules of Conduct) Regulations 2007 (‘the Regulations’), when he made comments on his own Facebook post of 24 May 2018 in relation to a set of graphics regarding proposed rate changes that had been added to the Shire’s Facebook page in preparation for the council meeting held 23 May 2018 (‘Council Meeting’).
Order to undertake a training course for Elected Members for a period of 7.5 hours; appealed by Cr Southwell January 2019 to the State Administrative Tribunal (SAT) (awaiting outcome).
SP57 of 2018 Cr M Southwell Mr P Sheedy The Panel found that Councillor Michael Southwell (‘Cr Southwell’), a councillor for the Shire of Capel (‘the Shire’), committed one minor breach under the Local Government Act 1995 (WA) (‘the Act’) and
regulation 7(1)(b) of the Local Government
(Rules of Conduct) Regulations 2007 (‘the Regulations’), when he published a Facebook post on 29 June 2018 in relation to the council meeting 27 June 2018.
Order to publically censure Cr Southwell;
this was published West Australian, Bunbury Herald and Bunbury Mail 24/25/26 June 2019. Matter closed.
SP59 of 2018 Cr M Southwell Cr B Hearne The Panel found that Councillor Michael Southwell (‘Cr Southwell’), a councillor for the Shire of Capel (‘the Shire’), committed one minor breach under the Local Government Act 1995 (WA) (‘the Act’) and
regulation 7(1)(b) of the Local Government
(Rules of Conduct) Regulations 2007 (‘the Regulations’), when he published a Facebook post on 29 June 2018 in relation to the council meeting 27 June 2018.
Order for public censure,
dealt with concurrently with SP57 of 2018, published West Australian, Bunbury Herald and Bunbury Mail 24/25/26 June 2019. Matter closed.
SP58 of 2018 Cr M Southwell Cr B Hearne On 12 December 2018 the Panel found that
under Complaint Number SP58 of 2018 that Councillor Michael Southwell (‘Cr Southwell’), a member of the Shire of Capel (‘Shire’), committed one breach under the Local Government (Rules of Conduct) Regulations 2007 (the Regulations) and regulation 6(2)(b) when he made comments on a Facebook post relating to the council meeting on 27 June 2018 (‘Council meeting’) thereby passing on confidential information obtained at a closed meeting. The Panel found that Cr Southwell did not breach regulation 7 (1)(b) in relation to the same conduct.
Joint sanction, decisions SP58 and SP99 of 2018: that Cr Southwell be publicly censured and make a public apology as specified in the Order; the Order will be appealed by Cr Southwell August 2019.
SP99 of 2018 Cr M Southwell Cr J Scott On 12 December 2018 the Panel found that
under Complaint Number SP99 of 2018 that Councillor Michael Southwell (‘Cr Southwell’), a member of the Shire of Capel (‘Shire’), committed one breach of regulation 6(2)(b) in relation to the same conduct by Cr Southwell as set out in Complaint Number SP58 of 2018, when he made comments on a Facebook post relating to the council meeting on 27 June 2018 (‘Council meeting’) thereby passing on confidential information obtained at a closed meeting. The Panel found that Cr Southwell did not breach regulations 4 and 7 in relation to the same conduct.
Joint sanction, decisions SP58 and SP99 of 2018: that Cr Southwell be publicly censured and make a public apology as specified in the Order; the Order will be appealed by Cr Southwell August 2019.
SP100 of 2018 Cr M Southwell Cr J Scott The Panel found that Councillor Michael Southwell (‘Cr Southwell’), a council member of the Shire of Capel (‘the Shire’), committed one breach of regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 (‘the Regulations’), when he made comments in public regarding the payment of funds toward legal costs. Order 16 July 2019 that at the first ordinary council meeting attended by him after the expiration of 28 days from the date of service of this Order on him, that Councillor Michael  Southwell (‘Cr Southwell’) publicly apologise to Council and the Shire as specified in the Order. This occurred at the ordinary meeitng 28 August 2019.
SP101 of 2018 Cr M Southwell Cr B Hearne The Panel found that Councillor Michael Southwell (‘Cr Southwell’), a council member of the Shire of Capel (‘the Shire’), committed one breach of regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 (‘the Regulations’), when he made comments in public regarding the payment of funds toward legal costs for advice provided, that were subsequently published and broadcast in the media in September 2018. Order 16 July 2019 that Councillor Southwell be publicly censured.
SP102 of 2018 Cr M Scott Cr M Southwell The Panel found that Councillor Murray Scott,
a councillor for the Shire of Capel (‘the Shire’), committed one minor breach of regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 (‘the Regulations’), when he made negative comments in relation to Councillor Michael Southwell in an email dated 27 August 2018 (‘the Minor Breach’).
Order 17 May 2019 that at the first ordinary council meeting attended by him after the expiration of 28 days from the date of service of this Order on him, that Councillor Murray Scott a councillor of the Shire of Capel, publicly apolgise to Councillor Michael Southwell as specified in the Order; the Order was appealed by Cr M Scott June 2019; the Order has been varied by SAT – that Councillor Murray Scott make an apology to Councillor Michael Southwell at a closed Council meeting in the terms set out in the order, (at) the ordinary council meeting first occurring after the expiration of 28 days from the date of service of this order on him Councillor Scott (22 October 2019).
SP130 of 2018 Cr S Schiano Ms C Lovett The Local Government Standards Panel (‘the Panel’)
found that Councillor Sebastian Schiano (Cr Schiano), a councillor for the Shire of Capel, did not commit a breach under the Local Government Act 1995 (WA) (‘the Act’) and regulations 7 (1) (b) and 8 of the Local Govenrment (Rules of Conduct) Regulations 2007 (‘the Regulations’) when he voted at a council meeting held on 27 June 2018 to support the allocation of funds for defamation cases against Shire residents.
No breach; parties advised; matter closed.
SP129 of 2018 Cr D Kitchen Ms C Lovett The Local Government Standards Panel (‘the Panel’)
found that Councillor Doug Kitchen (Cr Kitchen), a councillor for the Shire of Capel, did not commit any  breaches under the Local Government Act 1995 (WA) (‘the Act’) and regulations 7 (1) (b) and 8 of the Local Govenrment (Rules of Conduct) Regulations 2007 (‘the Regulations’) when he voted at a council meeting held on 27 June 2018 to support the allocation of funds for defamation cases against Shire residents.
No breach; parties advised; matter closed.
SP125 of 2018 Cr D Radisich Ms C Lovett The Local Government Standards Panel (‘the Panel’)
found that Councillor Debra Radisich (Cr Radisich), a councillor for the Shire of Capel, did not commit any breaches under the Local Government Act 1995 (WA) (‘the Act’) and regulations 7 (1) (b) and 8 of the Local Govenrment (Rules of Conduct) Regulations 2007 (‘the Regulations’) when he voted at a council meeting held on 27 June 2018 to support the allocation of funds for defamation cases against Shire residents.
No breach; parties advised; matter closed.
SP002 of 2019 Cr M Scott Cr M Southwell The Panel found that Councillor Murray Scott
 a councillor of the Shire of Capel (‘the Shire’) did not commit a minor breach pursuant to the Local Government Act 1995 (WA) (‘the Act’); and regulation 7 of the Local Government (Rules of Conduct) Regulations 2007 (‘the Regulations’) when he permitted certain questions to be read out and answered at the Ordinary Council Meeting of 28 November 2018 (‘the OCM’).
No breach; parties advised; matter closed.