The City is proposing the amendments to address matters raised by the Joint Standing Committee on Delegated Legislation following its review of the City of Melville Cat Local Law 2025.

The Committee identified provisions that may not align with legislative requirements, including a clause considered to reverse the onus of proof. Amendments are required to ensure the local law complies with the Local Government Act 1995 and maintains appropriate legal standards.

The proposed Cat Amendment Local Law 2026 seeks to amend the Cat Local Law 2025, to address concerns raised by the Joint Standing Committee on Delegated Legislation. They have requested the following amendments:

Clause 4.6 Defences

Section 4.6 of the Cat Local Law 2025, states that:

“It is a defence to a charge of an offence of contravening clause 3.2(1) if the owner charged satisfies the Court that at the material time some other person over the age of 18 years was the owner of the cat(s).”

The JSCDL has provided advice that they consider this clause to be a reverse onus provision, and that neither the Local Government Act 1995 (the Act) nor the Cat Act 2011 authorises a reversal of the onus of proof, unless specifically stated, that undermines the common law presumption of innocence and subsidiary legislation such a Local Law cannot displace this presumption.

The JSCDL has requested the clause to be deleted, which is being corrected through the Amendment Local Law.

Drafting Errors

The JSCDL has advised of two drafting errors:

Subclause 3.7(5) states that:

“Where the local government has not made a decision within the time mentioned in subclause (2), it is taken to have refused to grant a permit, and any fee payable under clause 3.5(1)(f) is to be refunded to the applicant.”

However, there is no subclause “f”. This should refer to subclause “e”. This is being corrected through the Amendment Local Law.

Schedule 1 Amendment

• Schedule 1 Item Number 2 prescribes for the offence of “failing to comply with a cat control notice”. The modified penalty is $300.
• Item Number 2 will be amended to include subclause 2.1(4), which states that “A person given a cat control notice must comply with the notice within the time specified in the notice”.

City of Melville Council is the final decision maker.

The best submissions are specific and provide feedback on specific clauses in the proposed local law, as opposed to making general comments about the topic of the local law.

To help ensure we can properly understand and properly consider your feedback, please:

• Identify which Part or Clause your feedback is about;
• clearly explain why you are supportive, or not supportive, of that particular Part or Clause; and
• if you are proposing changes to a Part or Clause, clearly explain the rationale behind the proposed changes and how it will contribute to the purpose and effect of the local law.

Please be aware that a local law cannot be inconsistent with the Local Government Act 1995 or any subsidiary regulations, nor can it be inconsistent with any other written law, and any submissions which would result in inconsistencies cannot be considered. Additionally, submissions must relate to the proposed amendments and not the broader Local Law.

The Local Government Act 1995 establishes the procedure for making local laws. The procedure requires the local government to give local public notice inviting submissions from the public for a minimum period of six weeks. Following the notice period, any submissions received are presented to Council who may then, by Absolute Majority, consider formally making the local law.

We request basic details, such as your name or suburb, to help verify submissions, understand who has been reached, and improve future engagement. As part of the formal submission process, you will also be asked whether you consent to your name being included in the consultation report presented to Council.

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Your information will only be used for the purpose for which it was collected, such as administering an engagement activity, analysing community feedback or providing project updates. Personal information is only accessed by authorised City officers and, where necessary, consultants engaged by the City to support a project.

Feedback and engagement findings may be reported publicly; however, individual participants will not be identified unless required by law or with their consent.

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Yes, submissions can be completed on their behalf, provided consent is given. Alternative ways to participate are always available through online, by phone, or in person, and the City of Melville can assist if required.

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