COUNCIL CHIEF EXECUTIVE OFFICER’S REPORT 16TH JUNE 2009 DEBATE AGENDA DA/CEO/R1 LOCAL GOVERNMENT (ELECTIONS) (MISCELLANEOUS) AMENDMENT BILL 2009 (B515) INTRODUCTION The State Government, in partnership with the Local Government Association of South Australia (LGA), jointly commissioned a review of Local Government Elections following the 2006 election. Councils have previously been given the opportunity to provide feedback to both the State Government and the LGA, and The Barossa Council provided feedback after consideration at the 20 November 2007 Council meeting. The Minister for State/Local Government Relations has now released the State Government’s response to the Final Report of the Independent Review of Local Government Elections, and is seeking further feedback from the LGA and SA Councils. RECOMMENDATION That Council endorses the comments contained in Attachment F, and authorises staff to submit Council’s feedback by the due date of 24 June 2009.
COMMENT The following documents have been provided to Elected Members under separate cover:• • • • ATTACHMENT A – Letter from Minister Hon. Gail Gago dated 22/5/09 seeking feedback on the Bill; ATTACHMENT B – a copy of the draft Local Government (Elections) (Miscellaneous) Amendment Bill 2009 now available for comment; ATTACHMENT C – A copy of the Explanatory Guide issued by the State Government as an accompaniment to the draft Bill; ATTACHMENT D – Report to the LGA State Executive Committee from officers of the LGA detailing the State Government’s response to the initial feedback;
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ATTACHMENT E – Local Government Elections Review – LGA Submission August 2008;
The LGA have compiled a table to allow Councils to easily provide feedback to them by 24 June 2009 (to allow the LGA to consolidate feedback from all councils and provide to the Minister by the due date of 1 July 2009). This table is attached (ATTACHMENT F) with draft comments included by Officers for Members’ consideration. These draft comments have been suggested based on previous Council discussions / decisions / submissions. The comments provided are best read in conjunction with the Explanatory Guide (ATTACHMENT C). LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN The Barossa Council’s Strategic Plan 2005-2009: Key Result Area 4 – Governance and Organisation Outcome 4.6.5 – Encourage increased voter participation in council elections FINANCIAL AND RISK MANAGEMENT CONSIDERATIONS N/A
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COUNCIL CHIEF EXECUTIVE OFFICER’S REPORT 16TH JUNE 2009 DEBATE AGENDA DA/CEO/R2 A POPULATION POLICY FOR BAROSSA-LIGHT INTRODUCTION The Population Policy for Barossa-Light, completed for the Barossa and Light Regional Development Board, has been completed. (A copy has been provided to Elected Members under separate cover.) Council is now in a position to receive the report and consider its contents. RECOMMENDATION That: 1. Council receive the report A Population Policy for Barossa-Light [May 2009]; 2. That Council officers consider any variations from existing policy documents (e.g. Better Development Plan) and bring these back to Council at a future date for further discussion.
COMMENT The Population Policy was completed in May 2009 by Professor Graeme Hugo and Peter Smailes of the University of Adelaide. The Policy document, commissioned by the Barossa and Light Regional Development Board, is written in the context of State policy and is prepared to assist Barossa and Light Councils (and to an extent Gawler and Mallala) develop social, economic and environmental policy. The document contains valuable demographic data on the region, and some of the key recommended policy directions are contained starting on page 87 of the report. These include:• • • • Light Council area has more ability to accommodate large volumes of increased housing due to more suitable land for residential use; Target growth rates of 1% - 1.25% for the Barossa, and 1.5% - 1.75% for Light; Keep expansion of the main Barossa towns to a minimum (but not an absolute veto; Encourage Gawler Council to accommodate as much as possible of the metropolitan overspill growth;
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Significant population increases in the region should occur in concentrated enclaves such as Roseworthy or Concordia; Any new population centres must cater for a broad socio-economic and income range; Maintain focus on targeted migration (skilled labour) Do everything possible to increase fertility (this would be an interesting discussion!) and boost younger age brackets Better planning for an aging population; Discourage increased in-migration of older groups Focus on policies that improve housing affordability
LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN A population policy directly impacts on a range of Outcomes within Council’s Strategic Plan. FINANCIAL AND RISK MANAGEMENT CONSIDERATIONS N/A
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Feedback Document Local Government (Elections) (Miscellaneous) Amendment Bill 2009
The information contained in this document is intended to facilitate feedback responses from Councils. It should be read in conjunction with the consultation draft Bill and associated Explanatory Guide.
Council Name: ____THE BAROSSA COUNCIL_______ Your Name: ____DAVID MORCOM_________ Position: ____CHIEF EXECUTIVE OFFICER__________ Phone No: ___08 8563 8444___________ Email:______dmorcom@barossa.sa.gov.au_________ Date Completed: ____16 JUNE 2009_________ In completing this Feedback Document please indicate if consultation with other representatives from your Council occurred:
Council Meeting
□ □ □
Informal consultation with Principal Member / Other Members No Consultation, but reference to existing Council Policy / Resolution Other please specify ______________________________________________________________________________________________________________
Please return by
Wednesday 24 June 2009 to patti.raftopoulos@lga.sa.gov.au
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CLAUSE
EXPLANATORY GUIDE COMMENT
LGA COMMENT
COUNCIL COMMENTS
General views sought, particularly practical implications. (Please print ‘agree’ if you agree with proposals, or leave blank if you have no views)
Clause 4 – Definition of ‘Designated Person’
A ‘designated person’ is to be the person who would vote (and/or nominate as a candidate) on behalf of a body corporate or a group of persons. The main impact of this proposal will be that a body corporate would be able to choose, as its ‘designated person’ only an “officer of the body corporate” who was at least 18 years old. However, neither a group, nor a body corporate would be permitted to choose, as its ‘designated person’ anyone who was already on the electoral roll as a resident in the same ward or council area. The above restrictions would mean that some groups, and some bodies corporate would not be able to exercise a property franchise vote. They would be unable to appoint a designated person who was within the above categories. Nevertheless, their members or officers would not be disenfranchised, because each of these individuals would have a vote as a resident.
Agree
Clause 5 – Failure of Election in Certain Cases
This clause repeals the subsections in section 7 that permits a candidate to withdraw from an election on the grounds of serious illness. This provision prohibits the withdrawal of any candidate after the close of nominations. This would make the Local Government (Elections) Act 1999 consistent, in this respect, with the Electoral Act 1985. Any candidate who becomes too ill to continue as a candidate might consider urging his or her supporters to switch their support to another candidate.
The LGA State Executive Committee supported the inclusion in the draft Bill of a provision to change the Local Government (Elections) Act 1999 to mirror the State Electoral Act 1985 in this regard, and to use the consultation process on the draft Bill to gauge support or otherwise from Councils of this provision. This provision is expected to see fewer failed elections. The LGA is keen to hear the views of Councils on this proposed change.
Agree with LGA view
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Clause 6 – Information, Education, and Publicity for General Election
This clause is one of the two key reforms in this Bill recommended by the Independent Review of Local Government Elections. It would bring South Australia into line with the practice in all other States, by placing the responsibility for promoting elections into the hands of an independent statutory officer, the Electoral Commissioner. The budget for this purpose is to be determined by the Electoral Commissioner, in consultation with Local Government. Proposed sub-section 13A(2) also places some responsibility onto Local Government to directly inform landlords, business lessees, and resident non-citizens (perhaps via fliers that accompany rates notices) about the new requirement to apply for enrolment to exercise a vote.
While supporting a partnership approach to an information and promotional campaign for Local Government elections, the LGA State Executive Committee: • reaffirmed its previous position that the responsibility for general promotion of Local Government, and the role of Council Members should remain vested in Local Government and not be taken over by the State Government; and • reaffirmed its position opposing the State Government enabling the Electoral Commissioner to force Councils to contribute to the cost of promotional work beyond the role of the Returning Officer. [see proposed new section 13A(1)(a)] New section 13A(2)(a) introduces a new obligation on Councils which would have some budget implications. The LGA is keen to hear the views of Councils on these provisions.
Agree with LGA view
Clause 7 – Qualifications and Enrolment
This clause provides that persons who have an entitlement to vote (other than those who are already enrolled on the House of Assembly voters roll) will not be enrolled to vote, unless they apply. Sub-clause 7(6) also provides for provisional enrolment of 17-year-olds, reflecting the practice for State and Commonwealth elections.
This will affect non-resident landlords, business lessees, and resident noncitizens, as they will be required to apply for enrolment prior to each periodical election. The LGA previously supported this approach to reducing the administrative burden of maintaining an accurate voters roll, reducing the cost of running elections and increasing voter participation in Council elections. Clauses 8(1) to 8(3) set out the mechanics for achieving the above outcomes.
Agree with LGA view
Clause 8 – The Voters Roll
This clause provides that the additional component of the local government voters’ roll (made up of landlords, business lessees, and resident non-citizens) expires on 1
Agree with LGA view. Coastal councils will have the largest non-
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January of an election year. In other words, this part of the roll (a small component of the entire roll) is to be completely purged, ten months before a periodic election is due. The purpose of this measure is to ensure that the voters roll, in an election year, is accurate, as landlords and business lessees are more transient than residents. Sub-clause 8(4) would also make changes to the availability of copies of the voters’ roll – it will be available only in printed form, and only to election candidates.
The LGA is keen to hear the views of Councils on any practical issues arising from these provisions. The LGA State Executive Committee supported a position to enable Councils to provide voters’ roll data to candidates in electronic format after the close of nominations for election purposes only. It also supported the inclusion of significant penalties for any misuse of the voters’ roll data for other purposes. Clause 8(4) removes the current right for members of the public to purchase a copy of the Council’s voters’ roll and only enables a candidate to access a copy of the roll in printed form from the Council. The LGA is keen to hear the views of Councils on this substitute provision.
resident voters roll, but nonetheless, purging of the voters roll before each periodic election will significantly reduce administrative costs.
Clause 9 – Entitlement to Vote
This is the scheme under which a body corporate or group is to be permitted to vote only through the mechanism of a “designated person”. The proposed new sub-section 16(10) would prevent the owners of multiple properties from exercising multiple votes in an election.
The LGA previously supported this approach.
Agree with LGA review
Clause 10 – Entitlement to Stand for Election
Clause 10 adopts the concept of a “designated person” who is authorised to exercise the rights of a body corporate or group for the purposes of a local government election. It provides that only this designated person (and not any other nominee) may be a candidate for election on behalf of a body corporate or group. This clause would provide voters with the ability to look up each of the candidates in a local government election on the internet, and obtain information about each candidate and his or her policies. For candidates, it is
The LGA previously supported this approach.
Agree with LGA review
Clause 11 – Publication of Candidate Statements
The LGA State Executive Committee noted the potential resource implications on the LGA of the State Government’s proposal and endorsed
Agree with LGA review. All councils should provide clear website links to the centralised website.
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etc
intended to provide an effective campaigning tool, at zero cost. The new section would remove any civil liability from the LGA, and from the web hosts of such candidate statements. However candidates would remain legally liable for the contents of these statements, and would face consequences in the same manner as if the offending material had been in printed form.
these implications being included in negotiations with OSLGR as part of the feasibility investigations. Practically the simplest way for the objective of this clause to be achieved is through a centralised website such as LGA.net. However the funding of the costs to establish and administer this website will need to be addressed. The LGA previously supported this approach.
Clause 12 – Publication of Misleading Material Clause 13 – Ballot Papers
This proposal gives the Electoral Commissioner the power to “request” the withdrawal or retraction of a statement “purporting to be a statement of fact that is inaccurate and misleading to a material extent.” This clause would move the time for the drawing of lots, to determine the order of names on the ballot papers. Placing the time at 4.00 pm is intended to allow candidates and other interested parties to schedule their time, to attend the draw, if they wish. This clause is carries through the legislative scheme under which a “designated person” exercises the functions of a body corporate or group under the Act. This clause is carries through the legislative scheme under which a “designated person” exercises the functions of a body corporate or group under the Act. It is also consequential upon clause 9, under which multiple property owners are not to be permitted to exercising multiple votes in a single election contest.
Agree with LGA review
The LGA previously supported this approach from a practical perspective.
Agree with LGA review
Clause 14 – Issue of Postal Voting Papers Clause 15 – Arranging Postal Papers
Clause 16 – Returns for Candidates Clause 17 – Campaign Donation Returns Clause 18 – Public
This clause recommends a 30 day time limit to lodge a campaign donations return (is currently six weeks). This clause is consequential upon Clause 16 and requires the donations return to include donations received up to 21 days (instead of the current 30 days) after the conclusion of the election. This clause requires campaign donations returns to be retained for four years, rather than three.
The LGA previously supported this approach.
Agree with LGA review
This clause corrects an omission from the Statutes Amendment (Local
Agree with LGA review
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Inspection of Returns
Government Elections) Act 2005, which extended the term of Local Governments from 3 to 4 years. This clause requires records, relevant to campaign donations returns, to be retained for four years, rather than three. This clause corrects an omission from the Statutes Amendment (Local Government Elections) Act 2005, which extended the term of Local Governments from 3 to 4 years. The LGA previously supported the requirement for a caretaker policy and had previously developed and circulated to Councils a draft model caretaker policy. The LGA is keen to hear the views of Councils on the minimum provisions to be included in such a policy and its proposed linking to Councils’ codes of conduct for Council Members and staff.
Clause 19 – Requirement to Keep Proper Records Clause 20 – Conduct of Council During Election Period
Agree with LGA review
This clause requires each council to adopt a caretaker policy governing the conduct of the council and its staff during the election period.
Agree with LGA review. However the wording of the Caretaker Policy needs careful consideration, particularly in relation to placing restrictions on contract values during a caretaker period. For example, budgeted CWMS contracts will exceed this amount, and should have some mechanism for approval (Ministerial sign-off) so they are not delayed (refer ATTACHMENT G for copy of model Caretaker Policy).
Schedule 1 – Part 1
Part 1 of the Schedule would make changes to the City of Adelaide Act 1998 that may be characterised as either: • provisions that are consequential to the changes proposed above or • deleting obsolete references to the Local Government Act 1934 This Part of the Schedule provides transitional provisions that deal with the changes proposed under clauses 7 and 8 above, insofar as they would affect representational reviews required under section 12 of the Local Government Act 1999. These transitional provisions are intended to address any unintentional consequence on ward quotas arising from the changes to the Council voters roll that would have otherwise triggered the need for a Council to undertake a representation review. The LGA is keen to hear the views of Councils on these transitional provisions.
Schedule 1 – Part 2
No view.
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