Governance

Code of Conduct

The Town of Cambridge Council is the elected body responsible for the administration of the Town in the best interests of its community.  The Council is committed to providing open, responsive and accountable government in accordance with the applicable legislation.

The Code of Conduct provides Council Members and Employees in the Town of Cambridge with consistent guidelines for an acceptable minimum standard of professional conduct and behaviour in carrying out their functions and responsibility.

The Code addresses, in a concise manner, the broader issue of ethical responsibility and encourages greater transparency and accountability in the Town.  It encourages a commitment to ethical and professional behaviour, and outlines principles in which individual and collective responsibilities may be based.

The Code of Conduct applies to every Council Member and Town Employee.

Local Government (Rules of Conduct) Regulations 2007

It is a requirement of the Code of Conduct that Council Members observe the Local Government (Rules of Conduct) Regulations 2007 and the general principles referred to in Regulation 3(1):

"... a person in his or her capacity as a council member should –

(a)        act with reasonable care and diligence; and

(b)        act with honesty and integrity; and

(c)        act lawfully; and

(d)        avoid damage to the reputation of the local government; and

(e)        be open and accountable to the public; and

(f)         base decisions on relevant and factually correct information; and

(g)        treat others with respect and fairness; and

(h)        not be impaired by mind affecting substances.

Dealing with Complaints and Allegations

If a person has any complaint concerning the performance, ability, character or integrity of any Council Member or Employee, or of any act or omission of an Council Member or Employee, and desires to bring such complaint to the notice of the Council, he or she shall notify the Chief Executive Officer of the complaint, in writing, and preferably be verified by a Statutory Declaration, as prescribed by the Oaths, Affidavits and Statutory Declarations Act 2005, giving such details as are available in order that the complaint may be investigated and, if necessary reported upon by the Chief Executive Officer.

The Council has appointed the Chief Executive Officer as the Complaints Officer.  Persons who wish to lodge a complaint concerning any alleged breach of the Code, should contact the Chief Executive Officer.  Please see below for the appropriate forms.  Or (as above) you can simply email or call the Chief Executive Officer if you prefer on 9347 6000 or mail@cambridge.wa.gov.au.

Any serious complaint, or one which alleges misconduct or corruption must be verified by a Statutory Declaration, as prescribed by the Oaths, Affidavits and Statutory Declarations Act 2005.

The complaint must be given in confidence and shall:

1. identify the complainant and the person against whom the complaint is made;
2. set out the details of the complaint, alleged breach of the Code of Conduct and/or legislation; and
3. be in writing, or in the prescribed form, and preferably verified by a Statutory Declaration, as prescribed by the Oaths, Affidavits and Statutory Declarations Act 2005.

Any person who has lodged a complaint, or any Council Member or Employee against whom a complaint has been made, must keep confidential the complaint, until the complaint has been determined or finalised.

Employees

1. Any complaint about an Employee (other than the Chief Executive Officer) shall be dealt with administratively by the Chief Executive Officer.
2. Any complaint about the Chief Executive Officer shall be in writing, preferably in the form of a Statutory Declaration and signed by the person or persons making the complaint, and shall be addressed to the Mayor, with a copy to the Chief Executive Officer, and will be dealt with as part of the performance review of the Chief Executive Officer, or as agreed by the Mayor and the Chief Executive Officer.

Elected Members

Any complaint about an Elected Member shall be in writing, in the prescribed form (attached as Appendix 1 to this Code), and be reported to the Chief Executive Officer.

Procedure for Dealing with Complaints and Allegations

All complaints and allegations will:

1. be treated as confidential and will ensure that the principles of “natural justice” and “procedural fairness” are followed at all times;
2. for Employees be dealt with in accordance with the Council’s Policy No 1.2.12 - Complaint Management Policy; and
3. for Elected Members, be dealt with in accordance with the Act, and Regulations or where applicable, with the Policy No 1.2.12 - Complaint Management Policy.

Protection of Persons Reporting Unacceptable or Illegal Behaviour

The Chief Executive Officer is to ensure that Elected Members and Employees who report unacceptable or illegal behaviour of Elected Members or Employees (that is, whistleblowers) are not in any way disadvantaged or victimised because of their actions.  The Chief Executive Officer’s action is limited to matters for which he/she has responsibility and/or jurisdiction to act.

Further Information

The Council has appointed the Chief Executive Officer as the Complaints Officer.  Persons who wish to lodge a complaint concerning any alleged breach of the Code, should contact the Chief Executive Officer on 9347 6000 or mail@cambridge.wa.gov.au.