Local Governments planning for the caretaker restrictions

Published on:
Monday, 5 May, 2025
WALGA updates
New standardised Local Government Caretaker Provisions became effective on 1 July 2024 and will apply for the first time at the 2025 Local Government Elections.

A reminder for Local Governments to commence planning for the caretaker restrictions that will apply for the first time fromThursday, 4 September at 4:00pm, to declaration of results.
Local Governments need to plan ahead for any activity required prior to the caretaker period.

Section 3.73 of the Act prohibits Local Governments from doing, or deciding to do, any ‘significant acts’ during a caretaker period. Significant acts are specified in s. 3.73 of the Act and r.3A of the Functions and General Regulations, including:
  • Making a local law (including an amendment or repeal local law)
  • Entering into, renewing or terminating, the employment contract of the CEO or a senior employee
  • Entering into a major land transaction, or a land transaction that is preparatory to entry into a major land transaction
  • Commencing a major trading undertaking
  • Entering into a contract, or other agreement or arrangement, with consideration over $250,000 or acquiring or disposing of property valued over $250,000
  • Calling for tenders, or tender exempt procurement (including through the PSP), with an expected consideration above $250,000
  • Establishing, amending the establishment agreement of, winding up or withdrawing from, a regional local government
  • Forming, amending the charter of, winding up, or withdrawing from, a regional subsidiary
  • Making prescribed decisions under the Planning and Development Act 2005 and Planning and Development (Local Planning Scheme) Regulations 2015
  • Publicly inviting persons to apply to join a panel of pre-qualified suppliers
  • Deciding to do any of the above

Questions or help? Contact WALGA Governance Team
Email: [email protected]
Phone: 08 9213 2514
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