Codes of Conduct and Complaints

The City has adopted an updated Code of Conduct for Council Members, Committee Members and Candidates and a revised Code of Conduct Complaints Management Policy to reflect recent changes to the Local Government (Model Code of Conduct) Regulations 2021 and the introduction of the Local Government Inspector.

These documents set clear standards of behaviour and explain how concerns or complaints will be managed.

Our Codes of Conduct

The Codes of Conduct set out the principles and standards of behaviour that elected members, committee members, candidates and employees must follow when performing their duties.

Each Code works alongside the Local Government Act 1995 and associated regulations and is supported by policies and procedures that explain how the Code is applied in practice.

Types of complaints and where to go

Different kinds of concerns are handled in different ways.
The table below provides a quick guide.

Issue or concern

Who you complain to

Main process used

Decision making or actions of the City in providing services where you are personally impacted

Ombudsman WA

Assessment of Complaints Checklist

Behaviour of a council member, committee member or candidate that breaches the City’s Code of Conduct (Division 3 behaviour standards)

City of Bayswater – Behaviour Complaints Officer

Code of Conduct Complaints Management Policy

More serious or repeated behaviour, or conduct that may be a conduct breach under Division 4 of the City’s Code of Conduct or a specified breach under the Act

Local Government Inspector

Breach complaints process (Breach Complaints Guideline)

Possible contravention of the Local Government Act or regulations by the City, council member, committee member, employee or candidate (that is not a behavioural, conduct or specified breach)

Local Government Inspector

General complaints process (General Complaints Guideline)

Serious misconduct or corruption

Corruption and Crime Commission

CCC complaint processes​

Minor misconduct by a local government employee

Public Sector Commission

PSC complaint processes​

If you are unsure where your concern fits, you can contact the City’s Governance team for guidance or visit the Local Government Inspector’s website for information about breach and general complaints.

Behavioural complaints dealt with by the City

Behavioural complaints are about alleged breaches of the behaviour requirements in Division 3 of the City’s Code of Conduct for Council Members, Committee Members and Candidates.

These are generally lower‑level matters such as failure to treat others with respect, improper use of social media, or not complying with meeting behaviour standards.

Behavioural complaints are managed under the City’s Code of Conduct Complaints Management Policy, which sets out how complaints are lodged, assessed and determined, and the educative or remedial action plans that may follow.

The Policy is not required by legislation but is adopted by Council to provide clear local procedures and support transparency and procedural fairness.​

How to make a behaviour complaint

Any person can make a behaviour complaint about an alleged breach of Division 3 of the City’s Code of Conduct by a council member, committee member or candidate, provided the complaint is made within the required time limit set out in the Code or Policy.

To lodge a behaviour complaint with the City:

1.  Check the type of complaint

  • Make sure your concern is about the behaviour of a council member, committee member or candidate under the City’s Code of Conduct (Division 3 behaviour standards).
  • If your concern appears to be a conduct or specified breach, or a general complaint about the Act, you may need to complain directly to the Local Government Inspector instead.

2.  Complete the Behaviour Complaint Form

  • Use the City’s Behaviour Complaint Form (Alleged Breach Form) available here: Complaint – Alleged Breach Form.
  • Provide as much detail as possible, including: who the complaint is about, what happened, when and where it occurred, which clause(s) of the Code you believe were breached, and any supporting information or documents.

3.  Lodge the form with the Behaviour Complaints Officer

  • Submit the completed form by email, post or in person using the contact details on the form or below.
  • If you need help to complete the form or require it in another format, contact the Governance team on 9272 0622 or behaviourcomplaints@bayswater.wa.gov.au.

4.  Time limits

  • Behaviour complaints must be lodged within one month of the alleged breach.
  • Complaints lodged after the time limit will be declined.
Confidentiality

People involved in a complaint process must keep complaint information private, because the Local Government Act 1995 includes strict confidentiality requirements for certain types of complaints. This means you should not discuss the fact that a complaint has been made, or share details about it, with anyone who is not formally involved in managing or deciding the matter, unless the law specifically allows it or you are getting independent legal advice.

These rules help protect everyone involved, support fair decision‑making and avoid undermining the complaint process, and there are penalties under the Act if confidentiality obligations are not followed.

In most cases, once a minor, serious or recurrent breach complaint has been finalised and a finding or sanction has been made, the determining body will disclose outcome information (for example, the finding, any censure or apology order, or other sanctions) in accordance with the Act and any applicable regulations or policies. However, this does not remove your obligation to keep the confidential details of the complaint and investigation process private unless a specific legal exception applies.

What happens after you lodge a behaviour complaint

Once your complaint is received:

Acknowledgement
The City will acknowledge receipt of your complaint in writing within seven days and confirm the next steps.

Preliminary assessment
The Behaviour Complaints Officer will review your complaint form to check it is complete, within time and within scope of the behaviour complaints process.
The officer may contact you to clarify details or request further information.

Referral to an Authorised Complaint Assessor
If your complaint proceeds, it will be referred to an independent Authorised Complaint Assessor appointed by the City to consider the complaint and make findings in accordance with the Code and Policy.

Possible outcomes
The Assessor may:

  • dismiss the complaint if it is found to be trivial, frivolous, vexatious, or misconceived.
  • make a finding that a breach did not occur
  • make a finding that a breach did occur and recommend an educative or remedial action plan, such as an apology, training, mediation or changes to practices.

Multiple breach findings
If a council member receives more than two behaviour breach findings, the City is required to refer subsequent matters to the Local Government Inspector in line with the Inspector’s breach complaints framework.

You will be advised of the outcome of your complaint in writing, subject to any confidentiality requirements in the Code, Policy or legislation.

Complaints to the Local Government Inspector

Some complaints must be made directly to the Local Government Inspector rather than to the City.

You should contact the Inspector or use the Inspector’s online forms if your concern relates to:

  • A possible conduct or specified breach under the Local Government Act that you wish to raise directly with the Inspector (Breach Complaint Form). Please note that The Inspector must decline to accept a conduct breach complaint if the incident occurred more than 12 months before the complaint is received.
  • A possible contravention of the Act or regulations by the City, a council member, committee member, employee or candidate that is not a behavioural, conduct or specified breach (General Complaint Form).
Publication of findings and reporting

To promote transparency, the City will publish information about behaviour complaint findings in accordance with the Code, the Complaints Management Policy and any relevant guidance from the Local Government Inspector.

This may include:

  • a public register of behaviour breach findings and action plans since 1 January 2026, with appropriate privacy safeguards
  • summary statistics on the number and type of complaints received and finalised each year, reported in the City’s annual report.

If you have questions about how behaviour complaints are recorded or published, please contact the Governance team on 9272 0622 or governance@bayswater.wa.gov.au.

Contact us

For more information about the Codes of Conduct, behaviour complaints or this webpage, or for help completing a complaint form, please contact:

Governance Team – City of Bayswater
Phone: 08 9272 0622

Email: behaviourcomplaints@bayswater.wa.gov.au

Address: 61 Broun Avenue, Morley

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