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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
ocal Government Amendment Bill 2023
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Local Government Act 1995
amended
3. Act amended 3
4. Section 1.3 amended 3
5. Section 1.4 amended 3
6. Section 1.4A inserted 4
1.4A. Caretaker period 4
7. Section 2.2 amended 5
8. Section 2.2A inserted 5
2.2A. Regulations may provide that district
cannot be divided into wards 5
9. Section 2.11 amended 6
10. Section 2.12B inserted 6
2.12B. Regulations may require local government
to use election by electors method 6
11. Section 2.13 amended 8
12. Section 2.14 amended 8
13. Section 2.17 replaced 8
Subdivision 1 -- Preliminary
2.16A. Terms used 8
2.16B. Population estimates 9
Subdivision 2 -- Membership and size
2.17. Members of council where mayor or
president elected by electors 11
2.17A. Members of council where mayor or
president elected by council 12
103--1 page i
Local Government Amendment Bill 2023
Contents
14. Part 2 Division 4 Subdivision 3 heading inserted 13
Subdivision 3 -- Orders
15. Section 2.18 amended 13
16. Section 2.18A inserted 13
2.18A. Change orders 13
17. Section 2.19 amended 17
18. Section 2.25 amended 18
19. Section 2.28 amended 18
20. Section 2.32 amended 20
21. Section 3.1 amended 20
22. Section 3.59 amended 21
23. Part 3 Division 5 inserted 21
Division 5 -- Caretaker period
3.73. Restrictions on what local government
may do during caretaker period 21
24. Section 4.4 amended 24
25. Section 4.8 amended 24
26. Section 4.13 amended 24
27. Section 4.16 amended 25
28. Section 4.17 amended 25
29. Section 4.31 amended 25
30. Section 4.32 amended 26
31. Section 4.33 amended 29
32. Section 4.35 amended 30
33. Section 4.39 amended 30
34. Section 4.40 amended 31
35. Section 4.41 amended 31
36. Section 4.42 amended 31
37. Section 4.43 amended 32
38. Section 4.46A inserted 32
4.46A. Restrictions on use of information
contained in rolls 32
39. Section 4.47 amended 35
40. Section 4.49 amended 36
41. Section 4.51 amended 37
42. Section 4.52 replaced 37
4.52. Information about candidates to be
published 37
43. Section 4.53 amended 39
44. Section 4.64 amended 39
page ii
Local Government Amendment Bill 2023
Contents
45. Section 4.69 replaced 39
4.69. How to vote 39
46. Section 4.72 amended 40
47. Section 4.72A inserted 40
4.72A. Re-counts of votes 40
48. Section 4.73 amended 41
49. Section 4.73A inserted 42
4.73A. Procedure when councillor whose term is
not expiring is candidate for mayor or
president 42
50. Section 4.75 amended 43
51. Section 4.76 amended 44
52. Section 4.77 amended 44
53. Section 4.80 amended 44
54. Section 4.81 amended 45
55. Section 5.18A inserted 46
5.18A. Regulations in relation to functions of
committees 46
56. Section 5.19 amended 47
57. Section 5.21 amended 47
58. Section 5.23A inserted 48
5.23A. Electronic broadcasting and video or
audio recording of council meetings 48
59. Section 5.25 deleted 49
60. Section 5.28 amended 49
61. Section 5.31 deleted 51
62. Part 5 Division 2 Subdivision 5 inserted 51
Subdivision 5 -- Regulations about meetings
5.33A. Regulations about meetings of councils,
committees or electors 51
63. Section 5.38 replaced 54
5.38. Annual review of CEO's performance 54
64. Section 5.39AA inserted 55
5.39AA. Publication of information relating to
CEO's performance 55
65. Section 5.39A amended 56
66. Section 5.43 amended 57
67. Section 5.53 amended 57
68. Section 5.56 replaced 58
5.56. Council plan 58
page iii
Local Government Amendment Bill 2023
Contents
69. Part 5 Division 5A inserted 59
Division 5A -- Community engagement
5.56A. Community engagement charter 59
5.56B. Community surveys 60
70. Section 5.63 amended 61
71. Section 5.68 amended 61
72. Section 5.88 amended 62
73. Section 5.92 amended 62
74. Sections 5.92A to 5.92C inserted 62
5.92A. Local government to have
communications agreement 62
5.92B. Default communications agreement 64
5.92C. Local government may adopt
communications agreement of its own 65
75. Section 5.94 amended 66
76. Section 5.95 amended 66
77. Section 5.96A amended 67
78. Section 5.96B inserted 67
5.96B. Registers 67
79. Section 5.98 amended 68
80. Section 5.100 replaced 69
5.100. Fees paid and expenses reimbursed to
committee members 69
81. Section 5.105 amended 71
82. Section 5.129 inserted 72
5.129. Fees and expenses 72
83. Section 6.2 amended 74
84. Section 6.4 amended 75
85. Section 7.13 amended 75
86. Section 9.61A inserted 75
9.61A. Further provisions about regulations 75
87. Section 9.63A inserted 77
9.63A. Minister may grant exemptions from
compliance with Act 77
88. Section 9.63A amended 79
89. Schedule 2.2 clause 3 amended 79
90. Schedule 2.2 clause 6 amended 80
page iv
Local Government Amendment Bill 2023
Contents
91. Schedules 4.1A and 4.1B inserted 80
Schedule 4.1A -- Filling extraordinary vacancy
without extraordinary election
Division 1 -- Preliminary
1. Terms used 80
Division 2 -- Application of Schedule
2. Certain extraordinary vacancies to be
filled under Schedule instead of by
extraordinary election 81
Division 3 -- One office elections
Subdivision 1 -- One office election: 2 candidates
3. Application of Subdivision 83
4. Filling of vacancy by unsuccessful
candidate 83
Subdivision 2 -- One office election: 3 or more
candidates where former member elected
under Schedule 4.1 clause 4
5. Application of Subdivision 84
6. Filling of vacancy by second placed
candidate 85
7. Filling of vacancy by third placed
candidate 86
Subdivision 3 -- One office election: 3 or more
candidates where former member elected
under Schedule 4.1 clause 5
8. Application of Subdivision 87
9. Filling of vacancy by second placed
candidate 89
10. Filling of vacancy by third placed
candidate 90
Division 4 -- Elections of 2 or more councillors
11. Application of Division 91
12. Filling of vacancy by first unelected
candidate 93
13. Filling of vacancy by second unelected
candidate 94
Division 5 -- Former member elected under cl. 6, 9
or 12
14. Terms used 95
15. Former member elected under cl. 6 96
16. Former member elected under cl. 9 96
17. Former member elected under cl. 12 97
page v
Local Government Amendment Bill 2023
Contents
Division 6 -- Final provisions
18. Regulations about notifications and time
periods 98
19. Declarations and notices under
section 4.77 for purposes of Schedule 98
Schedule 4.1B -- Filling office of councillor who is
elected elector mayor or president
1. Vacancy caused by councillor becoming
elector mayor or president not to be filled
by extraordinary election in certain
circumstances 100
2. Concurrent election ascertained under
Schedule 4.1 clause 2 101
3. Concurrent election ascertained under
Schedule 4.1 clause 4 101
4. Concurrent election ascertained under
Schedule 4.1 clause 5 102
5. Concurrent election ascertained under
Schedule 4.1 Division 3 102
92. Schedule 4.1 replaced 104
Schedule 4.1 -- How to count votes and ascertain
the result of an election
Division 1 -- Preliminary
1. Terms used 104
Division 2 -- One office elections
2. One office election: 2 candidates 105
3. One office election: 3 or more candidates 105
4. Count of first-preference votes 105
5. Process if no candidate elected under
clause 4 105
Division 3 -- Elections for 2 or more councillors
Subdivision 1 -- Preliminary
6. Application of Division 108
7. Terms used 108
Subdivision 2 -- Counting and transferring votes
8. Count of first-preference votes and
determination of quota 109
9. Transfer of surplus votes (1) 109
10. Transfer of surplus votes (2) 110
11. Exclusion of candidates 112
Subdivision 3 -- Supplementary provisions
12. No further transfers to elected candidates 114
13. Filling last office 114
page vi
Local Government Amendment Bill 2023
Contents
14. No need for further transfers of votes if
number of continuing candidates equals
number of vacancies 114
15. Order of transfers of surpluses 114
16. Procedure to determine excluded
candidates if votes equal 115
17. Setting aside ballot papers as finally dealt
with or exhausted 116
18. Transfers to be treated separately 116
93. Schedule 4.2 clause 6 amended 117
94. Schedule 4.2 clause 7 amended 117
95. Schedule 4.2 clauses 7A and 7B inserted 118
96. Schedule 4.2 clause 8 amended 120
97. Schedule 4.2 clause 9 amended 120
98. Schedule 4.2 clause 10 inserted 121
99. Schedule 9.3 Division 6 inserted 121
Division 6 -- Provisions for Local Government
Amendment Act 2023
57. Term used: 2023 amendment Act 121
58. Continued application of repealed
provisions relating to membership and
size of councils 121
59. Transitional orders relating to constitution
of local government 122
60. Enrolment eligibility claims 124
61. Electors' special meetings 125
62. Transitional regulations 125
Part 3 -- Other written laws
amended
Division 1 -- City of Perth Act 2016 amended
100. Act amended 127
101. Section 20 amended 127
Division 2 -- Local Government Amendment
(Auditing) Act 2017 amended
102. Act amended 127
103. Section 2 amended 127
Division 3 -- Salaries and Allowances Act 1975
amended
104. Act amended 128
page vii
Local Government Amendment Bill 2023
Contents
105. Section 7BAA inserted 128
7BAA. Determinations as to fees and allowances
of members of local government
committees 128
106. Section 8 amended 129
107. Section 10 amended 129
Division 4 -- Waste Avoidance and Resource
Recovery Act 2007 amended
108. Act amended 130
109. Section 40 amended 130
110. Section 42 amended 130
page viii
Western Australia
LEGISLATIVE ASSEMBLY
Local Government Amendment Bill 2023
A Bill for
An Act to amend the Local Government Act 1995 and to make
consequential and related amendments to other written laws.
The Parliament of Western Australia enacts as follows:
page 1
Local Government Amendment Bill 2023
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Local Government Amendment Act 2023.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent (assent day);
8 (b) Part 2 (but only sections 3, 60, 86, 87 and 99) -- on the
9 day after assent day;
10 (c) Part 3 (but only Division 2) -- on the day after assent
11 day;
12 (d) the rest of the Act -- on a day fixed by proclamation,
13 and different days may be fixed for different provisions.
page 2
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 3
1 Part 2 -- Local Government Act 1995 amended
2 3. Act amended
3 This Part amends the Local Government Act 1995.
4 4. Section 1.3 amended
5 Delete section 1.3(3).
6 5. Section 1.4 amended
7 (1) In section 1.4 insert in alphabetical order:
8
9 caretaker period has the meaning given in
10 section 1.4A(1);
11
12 (2) In section 1.4 in the definition of councillor delete "2.17(2)(a)
13 or (b)" and insert:
14
15 2.17(2) or 2.17A(2) or (3)
16
17 (3) In section 1.4 in the definition of elector mayor or president
18 delete "district;" and insert:
19
20 district (including a person who is elected to an office of elector
21 mayor or president under Schedule 4.1A);
22
23 (4) In section 1.4 in the definition of member paragraph (b) delete
24 "2.17(2)(a) or (b)" and insert:
25
26 2.17(2) or 2.17A(2) or (3)
27
page 3
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 6
1 6. Section 1.4A inserted
2 After section 1.4 insert:
3
4 1.4A. Caretaker period
5 (1) In this Act --
6 caretaker period, in relation to a local government,
7 means a period that --
8 (a) begins at the close of nominations (as defined
9 in section 4.49(a)) for a relevant election for the
10 local government; and
11 (b) ends --
12 (i) on the day after the day on which the
13 returning officer declares the result of
14 the relevant election under section 4.77;
15 or
16 (ii) if section 4.57(1) applies to the relevant
17 election -- on the day after the day on
18 which the close of nominations falls; or
19 (iii) if section 4.58(1) applies to the relevant
20 election -- on the day after the day on
21 which the candidate dies.
22 (2) In subsection (1) --
23 relevant election means any of the following --
24 (a) an ordinary election;
25 (b) an inaugural election;
26 (c) an election under section 4.11, 4.12, 4.13
27 or 4.14;
28 (d) an election under section 4.15 after an election
29 that is a relevant election under paragraph (a),
30 (b) or (c) or this paragraph is declared invalid.
31
page 4
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 7
1 7. Section 2.2 amended
2 After section 2.2(4) insert:
3
4 (5) An order cannot be made under subsection (1) in
5 relation to a district which, under regulations made for
6 the purposes of section 2.2A(1)(a), cannot be divided
7 into wards.
8
9 8. Section 2.2A inserted
10 After section 2.2 insert:
11
12 2.2A. Regulations may provide that district cannot be
13 divided into wards
14 (1) Regulations may --
15 (a) provide that a district cannot be divided into
16 wards; and
17 (b) if the district is divided into wards -- abolish
18 all of the wards.
19 (2) If regulations are made for the purposes of
20 subsection (1)(b) --
21 (a) the abolition of the wards does not of itself
22 cause a change in the number of offices of
23 councillor on the council; and
24 (b) regulations may give directions to the effect
25 that, in advance of the abolition of the wards
26 taking effect, Part 4 applies for the purpose of
27 preparing for, and conducting, an election as if
28 the abolition had already taken effect; and
29 (c) the operation of Part 4 is modified to the extent
30 necessary to give effect to any directions given
31 for the purposes of paragraph (b); and
page 5
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 9
1 (d) regulations may give other directions, including
2 directions modifying the operation of this Act,
3 for the purpose of giving effect to the abolition
4 of the wards.
5
6 9. Section 2.11 amended
7 After section 2.11(4) insert:
8
9 (5) This section and sections 2.12 and 2.12A are subject to
10 any regulations made for the purposes of
11 section 2.12B.
12
13 10. Section 2.12B inserted
14 After section 2.12A insert:
15
16 2.12B. Regulations may require local government to use
17 election by electors method
18 (1) Regulations may --
19 (a) provide that the method of filling the office of
20 mayor or president used by a local
21 government --
22 (i) must be the election by the electors
23 method; and
24 (ii) cannot be changed to the election by the
25 council method;
26 and
27 (b) if the method of filling the office of mayor or
28 president used by the local government is the
29 election by the council method -- change the
30 method to the election by the electors method.
page 6
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 10
1 (2) If regulations are made for the purposes of
2 subsection (1)(b) --
3 (a) regulations must, for the purposes of
4 section 2.13(4)(a), provide for the change to
5 have effect in relation to the filling of the office
6 of mayor or president --
7 (i) at the next ordinary elections for the
8 local government that are held after a
9 day provided for in regulations for the
10 purposes of this subparagraph; or
11 (ii) subject to subsection (3), at another time
12 that coincides with the holding of a
13 different type of election for the local
14 government;
15 and
16 (b) regulations may give directions, including
17 directions modifying the operation of this Act,
18 for the purpose of giving effect to the change.
19 (3) Provision can be made as referred to in
20 subsection (2)(a)(ii) only if the Minister is satisfied that
21 the provision is appropriate because of particular
22 circumstances.
23 Examples for this subsection:
24 1. The offices of members of the council have been declared
25 vacant under section 2.37 and the next election for the local
26 government will be an election under section 4.13.
27 2. The council has been dismissed under section 8.25(1) and
28 the next election for the local government will be an election
29 under section 4.14.
30
page 7
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 11
1 11. Section 2.13 amended
2 After section 2.13(3) insert:
3
4 (4) A change made by regulations to the election by the
5 electors method under section 2.12B(1)(b) has
6 effect --
7 (a) in accordance with regulations made as referred
8 to in section 2.12B(2)(a); and
9 (b) from then on, subject to subsection (5).
10 (5) If a local government ceases to be subject to
11 regulations made for the purposes of
12 section 2.12B(1)(a), the election by the electors method
13 must nevertheless be used for filling the office of
14 mayor or president until a change under section 2.11(4)
15 to the election by the council method takes effect.
16
17 12. Section 2.14 amended
18 In section 2.14 delete "a mayor or president elected by the
19 electors" and insert:
20
21 an elector mayor or president
22
23 13. Section 2.17 replaced
24 Delete section 2.17 and insert:
25
26 Subdivision 1 -- Preliminary
27 2.16A. Terms used
28 In this Division --
29 election has the meaning given in section 4.1;
page 8
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 13
1 election day, in relation to a local government, means a
2 day fixed under this Act for the holding of any poll
3 needed for an election for the local government
4 (whether or not any poll is actually held);
5 ordinary election day, in relation to a local
6 government, means a day fixed under this Act for the
7 holding of any polls needed for ordinary elections for
8 the local government (whether or not any polls are
9 actually held);
10 population, in relation to a district, means the total
11 number of people who reside permanently in the
12 district, subject to section 2.16B.
13 2.16B. Population estimates
14 (1) The Governor may, on the recommendation of the
15 Minister, by order --
16 (a) specify an estimate of a district's population;
17 and
18 (b) provide that the specified estimate is taken to
19 be the district's population for the purposes of
20 sections 2.17 and 2.17A.
21 (2) The order must provide for the provision made under
22 subsection (1)(b) to have effect --
23 (a) on and from an ordinary election day for the
24 local government; or
25 (b) subject to subsection (3), on and from an
26 election day for the local government that is not
27 an ordinary election day.
28 (3) Provision can be made under subsection (2)(b) only if
29 the Minister is satisfied that the provision is
30 appropriate because of particular circumstances.
page 9
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 13
1 Examples for this subsection:
2 1. The offices of members of the council have been declared
3 vacant under section 2.37 and the next election for the local
4 government will be an election under section 4.13.
5 2. The council has been dismissed under section 8.25(1) and
6 the next election for the local government will be an election
7 under section 4.14.
8 (4) Before making a recommendation under subsection (1),
9 the Minister must consult the Government Statistician.
10 (5) An estimate of a district's population recommended
11 under subsection (1) must be either --
12 (a) an estimate --
13 (i) that has been published under the
14 Statistics Act 1907 section 14; or
15 (ii) that has been approved by the
16 Government Statistician in the course of
17 the consultation under subsection (4);
18 or
19 (b) an estimate that, in the Minister's opinion, is
20 substantially derived from statistics or other
21 information --
22 (i) that has been published under the
23 Statistics Act 1907 section 14; or
24 (ii) that has been approved by the
25 Government Statistician in the course of
26 the consultation under subsection (4).
27 (6) The Minister must, in consultation with the
28 Government Statistician, review an estimate specified
29 in an order under this section at intervals of no more
30 than 5 years with a view to deciding whether the
31 estimate should be replaced.
32 (7) The Government Statistician must provide the Minister
33 with any assistance requested in the course of a
34 consultation under subsection (4) or (6).
page 10
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 13
1 (8) In subsections (4) to (7) --
2 Government Statistician means the Government
3 Statistician appointed under the Statistics Act 1907.
4 (9) The Interpretation Act 1984 section 42 applies to an
5 order made under this section as if the order were
6 regulations made under this Act.
7 Subdivision 2 -- Membership and size
8 2.17. Members of council where mayor or president
9 elected by electors
10 (1) If the method of filling the office of mayor or president
11 is election by electors, the council is to consist of --
12 (a) the mayor or president; and
13 (b) a number of councillors that is --
14 (i) not less than the minimum number of
15 councillors under subsection (3); but
16 (ii) not more than the maximum number of
17 councillors under subsection (4).
18 Note for this paragraph:
19 For the council of the City of Perth, the number of
20 councillors is 8 -- see the City of Perth Act 2016 section 9.
21 (2) One of the councillors is to hold the office of deputy
22 mayor or deputy president in conjunction with their
23 office as a councillor.
24 (3) For the purposes of subsection (1)(b)(i), the minimum
25 number of councillors is as follows --
26 (a) if the district's population is not more
27 than 75 000 -- 4 councillors;
28 (b) otherwise -- 8 councillors.
page 11
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 13
1 (4) For the purposes of subsection (1)(b)(ii), the maximum
2 number of councillors is as follows --
3 (a) if the district's population is not more
4 than 5 000 -- 6 councillors;
5 (b) if the district's population is more than 5 000
6 but not more than 75 000 -- 8 councillors;
7 (c) otherwise -- 14 councillors.
8 (5) This section is subject to section 2.18A(5).
9 2.17A. Members of council where mayor or president
10 elected by council
11 (1) If the method of filling the office of mayor or president
12 is election by the council, the council is to consist of a
13 number of councillors that is --
14 (a) not less than the minimum number of
15 councillors under subsection (4); but
16 (b) not more than the maximum number of
17 councillors under subsection (5).
18 (2) One of the councillors is to hold the office of mayor or
19 president in conjunction with their office as a
20 councillor.
21 (3) Another of the councillors is to hold the office of
22 deputy mayor or deputy president in conjunction with
23 their office as a councillor.
24 (4) For the purposes of subsection (1)(a), the minimum
25 number of councillors is as follows --
26 (a) if the district's population is not more
27 than 75 000 -- 5 councillors;
28 (b) otherwise -- 9 councillors.
page 12
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 14
1 (5) For the purposes of subsection (1)(b), the maximum
2 number of councillors is as follows --
3 (a) if the district's population is not more
4 than 5 000 -- 7 councillors;
5 (b) if the district's population is more than 5 000
6 but not more than 75 000 -- 9 councillors;
7 (c) otherwise -- 15 councillors.
8 (6) This section is subject to section 2.18A(5).
9
10 14. Part 2 Division 4 Subdivision 3 heading inserted
11 Before section 2.18 insert:
12
13 Subdivision 3 -- Orders
14
15 15. Section 2.18 amended
16 After section 2.18(4) insert:
17
18 (5) This section is subject to section 2.18A.
19
20 16. Section 2.18A inserted
21 After section 2.18 insert:
22
23 2.18A. Change orders
24 (1) The Governor may, on the recommendation of the
25 Minister, by order (a change order) --
26 (a) specify the number of offices of councillor that
27 the council of a local government is to have;
28 and
page 13
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 16
1 (b) if relevant -- specify the number of offices of
2 councillor that each ward in the district is to
3 have.
4 (2) The Minister can make a recommendation under
5 subsection (1) specifying a number of offices only for
6 either of the following purposes --
7 (a) if there is, or will be, a change in the method of
8 filling the office of mayor or president used by
9 the local government --
10 (i) increasing the number of councillors
11 by 1, if the change is from the election
12 by the electors method to the election by
13 the council method; or
14 (ii) decreasing the number of councillors
15 by 1, if the change is from the election
16 by the council method to the election by
17 the electors method;
18 (b) if an order has been made under section 2.16B
19 that applies, or will apply, to the district --
20 (i) increasing the number of councillors to
21 ensure that that number is, or will be,
22 not less than the minimum number that
23 applies, or will apply, to the local
24 government under section 2.17 or 2.17A
25 in consequence of the order made under
26 section 2.16B; or
27 (ii) decreasing the number of councillors to
28 ensure that that number is, or will be,
29 not more than the maximum number
30 that applies, or will apply, to the local
31 government under section 2.17 or 2.17A
32 in consequence of the order made under
33 section 2.16B.
page 14
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 16
1 (3) A change order must provide for the increase or
2 decrease in the number of councillors to have effect --
3 (a) on and from an ordinary election day for the
4 local government; or
5 (b) subject to subsection (6), on and from an
6 election day for the local government that is not
7 an ordinary election day.
8 (4) However, if the increase or decrease in the number of
9 councillors is more than 1, a change order may
10 provide --
11 (a) for part of the increase or decrease to have
12 effect --
13 (i) on and from an ordinary election day for
14 the local government; or
15 (ii) subject to subsection (6), on and from
16 an election day for the local government
17 that is not an ordinary election day;
18 and
19 (b) for the remaining part of the increase or
20 decrease to have effect --
21 (i) on and from the first ordinary election
22 day for the local government that falls
23 after the day on which the part increase
24 or decrease under paragraph (a) takes
25 effect; or
26 (ii) subject to subsection (6), on and from
27 an election day for the local government
28 that is not an ordinary election day and
29 that falls after the day on which the part
30 increase or decrease under paragraph (a)
31 takes effect.
32 (5) A part increase or decrease under subsection (4)(a) has
33 effect despite section 2.17 or 2.17A.
page 15
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 16
1 (6) Provision can be made under subsection (3)(b)
2 or (4)(a)(ii) or (b)(ii) only if the Minister is satisfied
3 that the provision is appropriate because of particular
4 circumstances.
5 Examples for this subsection:
6 1. The offices of members of the council have been declared
7 vacant under section 2.37 and the next election for the local
8 government will be an election under section 4.13.
9 2. The council has been dismissed under section 8.25(1) and
10 the next election for the local government will be an election
11 under section 4.14.
12 (7) If the district is divided into wards, a change order may
13 abolish all of the wards on the day on which the
14 increase or decrease, or a part of the increase or
15 decrease, in the number of councillors takes effect.
16 (8) If the increase or decrease, or a part of the increase or
17 decrease, in the number of councillors takes effect on
18 an ordinary election day for the local government, a
19 change order may provide for this Act to apply as if the
20 Table to section 2.28 provided for the terms of all
21 councillors, or of all councillors for a ward, to end on
22 the ordinary election day.
23 (9) If provision is made under subsection (8), the ordinary
24 elections are to be held accordingly for the purpose of
25 filling all offices of councillor or of councillor for the
26 ward (as the number of those offices is increased or
27 decreased on the ordinary election day).
28 (10) The making of a change order does not prevent any
29 order being subsequently made under this Part that
30 applies to the local government or district.
31 (11) The Interpretation Act 1984 section 42 applies to a
32 change order as if the change order were regulations
33 made under this Act.
34
page 16
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 17
1 17. Section 2.19 amended
2 After section 2.19(2) insert:
3
4 (2A) Regulations may provide that an occupier is not
5 qualified under subsection (1)(b) unless prescribed
6 requirements are met.
7 (2B) In subsection (2A) --
8 occupier means a person --
9 (a) who is eligible to be enrolled under
10 section 4.30(1); and
11 (b) whose eligibility claim referred to in
12 section 4.30(1)(c) is based on occupation of
13 rateable property.
14 (2C) The requirements that may be prescribed for the
15 purposes of subsection (2A) include (without
16 limitation) the following --
17 (a) requirements relating to whether any person is
18 enrolled, or is regarded under section 4.29(2) as
19 being enrolled, as an elector for the Legislative
20 Assembly in respect of a residence that is the
21 rateable property;
22 (b) other requirements relating to the current, past
23 or future ownership, occupation or use of the
24 rateable property.
25 (2D) In subsections (2B) and (2C), references to rateable
26 property include a portion of rateable property as
27 described in section 4.31(1D)(a) or (b).
28
page 17
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 18
1 18. Section 2.25 amended
2 (1) In section 2.25(5):
3 (a) in paragraph (b)(iii) delete "pending." and insert:
4
5 pending;
6
7 (b) after paragraph (b) insert:
8
9 or
10 (c) if the non-attendance occurs during a period for
11 which the member is entitled to parental leave
12 under subsection (5B).
13
14 (2) After section 2.25(5) insert:
15
16 (5B) For the purposes of subsection (5)(c), a member is
17 entitled to parental leave for the period of 6 months
18 beginning on the day on which the member or the
19 member's spouse or de facto partner --
20 (a) gives birth; or
21 (b) either alone or with another person and whether
22 in the State or elsewhere -- adopts, or becomes
23 the guardian or foster parent of, a person who is
24 under 16 years of age.
25
26 19. Section 2.28 amended
27 (1) In item 3 in the Table to section 2.28 after "dealt with in item 4,"
28 insert:
29
30 4A,
31
page 18
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 19
1 (2) In item 4 in the Table to section 2.28 after "Elected at an ordinary
2 election" insert:
3
4 not dealt with in item 4A
5
6 (3) After item 4 in the Table to section 2.28 insert:
7
4A. Councillor Elected at an On the day On the day
ordinary after the determined by
election which ordinary the returning
was an elections day officer under
election for all section 4.78
offices of (but note
councillor, or section 2.30)
for all offices
of councillor
for a ward, in
a case where
provision
made by a
change order
under section
2.18A(8)
applied
8
9 (4) After item 12 in the Table to section 2.28 insert:
10
13. Elector Elected under On the day on On the day on
mayor or Schedule 4.1A which the which the
president person is former
OR elected member's
councillor term of office
would have
ended had the
office not
become
vacant
page 19
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 20
14. Councillor Elected under On the day On the day on
Schedule 4.1B after the day which the
on which the former
poll for the member's
concurrent term of office
election is would have
held ended had the
office not
become
vacant
1
2 20. Section 2.32 amended
3 Delete section 2.32(f) and insert:
4
5 (f) while holding an office of councillor, is elected
6 to the office of elector mayor or president on
7 the council.
8
9 21. Section 3.1 amended
10 After section 3.1(1) insert:
11
12 (1A) Without limiting subsection (1), the general function of
13 a local government must be performed having regard to
14 the following --
15 (a) the need --
16 (i) to promote the economic, social and
17 environmental sustainability of the
18 district; and
19 (ii) to plan for, and to plan for mitigating,
20 risks associated with climate change;
21 and
page 20
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 22
1 (iii) in making decisions, to consider
2 potential long-term consequences and
3 impacts on future generations;
4 (b) the need --
5 (i) to recognise the particular interests of
6 Aboriginal people; and
7 (ii) to involve Aboriginal people in
8 decision-making processes;
9 (c) the need to consider collaboration with other
10 local governments.
11
12 22. Section 3.59 amended
13 Delete section 3.59(3)(d) and insert:
14
15 (d) its expected effect on matters referred to in any
16 current council plan of the local government
17 under section 5.56; and
18
19 23. Part 3 Division 5 inserted
20 At the end of Part 3 insert:
21
22 Division 5 -- Caretaker period
23 3.73. Restrictions on what local government may do
24 during caretaker period
25 (1) In this section --
26 emergency means --
27 (a) the occurrence, or imminent occurrence, of an
28 event, situation or condition that is a hazard
page 21
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 23
1 under the definition of that term in the
2 Emergency Management Act 2005 section 3; or
3 (b) a public health emergency as defined in the
4 Public Health Act 2016 section 4(1);
5 land transaction has the meaning given in
6 section 3.59(1);
7 major land transaction has the meaning given in
8 section 3.59(1);
9 major trading undertaking has the meaning given in
10 section 3.59(1);
11 senior employee means a senior employee under
12 section 5.37;
13 significant act means any of the following --
14 (a) making a local law (including making a local
15 law to amend or repeal a local law);
16 (b) entering into, or renewing or terminating, the
17 contract of employment of the CEO or of a
18 senior employee;
19 (c) entering into a major land transaction;
20 (d) entering into a land transaction that is
21 preparatory to entry into a major land
22 transaction;
23 (e) commencing a major trading undertaking;
24 (f) entering into a contract, or other agreement or
25 arrangement, in prescribed circumstances;
26 (g) inviting tenders in prescribed circumstances;
27 (h) deciding to do anything referred to in
28 paragraphs (a) to (g);
29 (i) an act done under a written law or otherwise
30 that is a prescribed act.
page 22
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 23
1 (2) During a caretaker period, a local government must not
2 do a significant act.
3 (3) Subsections (4) to (6) apply despite subsection (2).
4 (4) A local government may do a significant act during a
5 caretaker period if --
6 (a) the local government's decision to do the
7 significant act was made before the caretaker
8 period; and
9 (b) any prescribed requirements are met.
10 (5) A local government may do a significant act during a
11 caretaker period if it is necessary for the local
12 government to do the significant act during the
13 caretaker period in order to comply with any of the
14 following --
15 (a) a written law;
16 (b) an order of a court or tribunal;
17 (c) a contractual obligation of the local government
18 under a contract entered into by the local
19 government before the caretaker period.
20 (6) The Departmental CEO may authorise a local
21 government to do a significant act during a caretaker
22 period if the Departmental CEO is satisfied that it is
23 necessary for the local government to do the significant
24 act during the caretaker period --
25 (a) because of an emergency; or
26 (b) to ensure the proper operation of the local
27 government.
28
page 23
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 24
1 Note:
2 The description at the beginning of Part 3 is to be altered by
3 deleting paragraph (c) and inserting:
4
5 (c) Division 4 allows functions to be performed by
6 regional local governments;
7 (d) Division 5 restricts what a local government may do
8 during a caretaker period.
9
10 24. Section 4.4 amended
11 In section 4.4(3) delete "section 2.11," and insert:
12
13 Part 2 Division 3,
14
15 25. Section 4.8 amended
16 Delete section 4.8(1) and insert:
17
18 (1) If the office of a councillor or of an elector mayor or
19 president becomes vacant under section 2.32, an
20 election to fill the office is to be held, except if the
21 vacancy is filled under Schedule 4.1A or 4.1B.
22
23 26. Section 4.13 amended
24 In section 4.13 delete "2.37 is to be held on the day fixed by
25 order under section 2.37(5)." and insert:
26
27 2.37, or after a commissioner of the local government has been
28 appointed under section 2.37A, is to be held on the day fixed by
29 order under section 2.37(5) or 2.37A(2).
30
page 24
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 27
1 27. Section 4.16 amended
2 In section 4.16(4)(a) delete "January in" and insert:
3
4 October in the year before
5
6 28. Section 4.17 amended
7 (1) In section 4.17(2)(a) delete "January in" and insert:
8
9 October in the year before
10
11 (2) Delete section 4.17(3) to (4).
12 29. Section 4.31 amended
13 After section 4.31(1C) insert:
14
15 (1CA) Regulations may provide that, despite subsection (1C),
16 a person is not to be regarded as occupying rateable
17 property unless prescribed requirements (in addition to
18 the requirement of subsection (1C)) are met.
19 (1CB) The requirements that may be prescribed for the
20 purposes of subsection (1CA) include (without
21 limitation) the following --
22 (a) requirements relating to whether any person is
23 enrolled, or is regarded under section 4.29(2) as
24 being enrolled, as an elector for the Legislative
25 Assembly in respect of a residence that is the
26 rateable property;
27 (b) other requirements relating to the current, past
28 or future ownership, occupation or use of the
29 rateable property.
30
page 25
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 30
1 30. Section 4.32 amended
2 (1) Delete section 4.32(2) to (4) and insert:
3
4 (2) The claim must --
5 (a) be made to the CEO in accordance with
6 regulations; and
7 (b) without limiting paragraph (a), include, or be
8 accompanied by, the following --
9 (i) any statutory declaration required under
10 regulations;
11 (ii) any other prescribed information,
12 document or item.
13 (3) A claim for enrolment as an occupier cannot be
14 accepted unless --
15 (a) the claimant has had a right of occupation as
16 referred to in section 4.31(1C) for the whole
17 period of 12 months ending on the day before
18 the day on which the claim is made; and
19 (b) if so prescribed (but without limiting
20 paragraph (e)) -- the claimant has paid rent in
21 respect of the right of occupation referred to in
22 paragraph (a) of at least the prescribed amount;
23 and
24 (c) the claimant has a right of occupation as
25 referred to in section 4.31(1C) for the whole
26 period of 3 months beginning on the day on
27 which the claim is made; and
28 (d) if so prescribed (but without limiting
29 paragraph (e)) -- the claimant is liable to pay
30 rent in respect of the right of occupation
31 referred to in paragraph (c) of at least the
32 prescribed amount; and
page 26
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 30
1 (e) any prescribed requirements are met.
2 (3A) The right of occupation referred to in
3 subsection (3)(a) --
4 (a) must be for --
5 (i) the rateable property to which the claim
6 relates; or
7 (ii) another rateable property which is
8 situated (wholly or partly) in the district;
9 and
10 (b) for different parts of the 12-month period, may
11 be for different rateable properties.
12 (3B) The right of occupation referred to in subsection (3)(c)
13 must be for the rateable property to which the claim
14 relates.
15 (3C) The requirements that may be prescribed for the
16 purposes of subsection (3)(e) include (without
17 limitation) the following --
18 (a) requirements relating to whether any person is
19 or was enrolled, or is or was regarded under
20 section 4.29(2) as being enrolled, as an elector
21 for the Legislative Assembly in respect of a
22 residence that is a relevant rateable property;
23 (b) other requirements relating to the current, past
24 or future ownership, occupation or use of a
25 relevant rateable property.
26 (3D) In subsection (3C) --
27 relevant rateable property means --
28 (a) the rateable property to which the claim relates;
29 or
page 27
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 30
1 (b) another rateable property that is relevant to the
2 claim under subsection (3A).
3 (3E) In subsections (3A) to (3D) --
4 (a) subject to paragraph (b), references to a
5 rateable property include a portion of a rateable
6 property as described in section 4.31(1D)(a)
7 or (b); and
8 (b) if the claim relates to a portion of a rateable
9 property as described in section 4.31(1D)(a)
10 or (b) -- references to the rateable property to
11 which the claim relates are to that portion.
12 (4) Except as provided for in subsection (5A), within
13 14 days after receiving an enrolment eligibility claim,
14 the CEO must --
15 (a) decide --
16 (i) whether the claimant is eligible under
17 section 4.30(1)(a) and (b); and
18 (ii) if applicable -- whether the
19 requirements under subsection (3)(a)
20 to (e) are met;
21 and
22 (b) accept or reject the claim accordingly.
23
24 (2) After section 4.32(7) insert:
25
26 (7A) Regulations may make provision in relation to how the
27 CEO's reasons are to be set out.
28
page 28
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 31
1 (3) After section 4.32(8) insert:
2
3 (8A) Regulations may make provision in relation to the
4 conduct of an appeal, including (without limitation)
5 provision restricting, or authorising the Electoral
6 Commissioner to restrict, the information, documents
7 or items upon which an appellant can rely.
8
9 31. Section 4.33 amended
10 (1) After section 4.33(1) insert:
11
12 (1A) If an enrolment eligibility claim made by a person on
13 the basis of occupation of rateable property within the
14 electorate is accepted under section 4.32(4) or (8), the
15 claim expires --
16 (a) when the person ceases to occupy, as the case
17 requires --
18 (i) the rateable property to which the claim
19 relates; or
20 (ii) the portion of a rateable property, as
21 described in section 4.31(1D)(a) or (b),
22 to which the claim relates;
23 or
24 (b) if the claim has not already expired under
25 paragraph (a) -- on the day provided for under
26 subsections (2A) to (3).
27 Note for this subsection:
28 For the purposes of paragraph (a), the reference to the
29 person ceasing to occupy must be construed in accordance
30 with section 4.31(1C) and any regulations made for the
31 purposes of section 4.31(1CA).
32
page 29
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 32
1 (2) In section 4.33(2B)(a) delete "49" and insert:
2
3 56
4
5 (3) In section 4.33(3) delete "50" and insert:
6
7 57
8
9 32. Section 4.35 amended
10 After section 4.35(4) insert:
11
12 (4A) Regulations may make provision in relation to the
13 conduct of an appeal, including (without limitation)
14 provision restricting, or authorising the Electoral
15 Commissioner to restrict, the information, documents
16 or items upon which an appellant can rely.
17
18 33. Section 4.39 amended
19 (1) In section 4.39(1) delete "50th" and insert:
20
21 57th
22
23 (2) In section 4.39(2):
24 (a) delete "70th" and insert:
25
26 77th
27
page 30
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 34
1 (b) delete "56th" and insert:
2
3 63rd
4
5 34. Section 4.40 amended
6 (1) In section 4.40(1) delete "56th" and insert:
7
8 63rd
9
10 (2) In section 4.40(2) delete "36th" and insert:
11
12 43rd
13
14 35. Section 4.41 amended
15 In section 4.41(1) delete "36th" and insert:
16
17 43rd
18
19 36. Section 4.42 amended
20 After section 4.42(2) insert:
21
22 (3) Regulations may require, or otherwise make provision
23 in relation to, any of the following in relation to a copy
24 of a roll supplied under subsection (1) or (2) (the
25 supplied copy) --
26 (a) the destruction of the supplied copy;
27 (b) if the supplied copy is in electronic form -- the
28 deletion of the supplied copy;
page 31
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 37
1 (c) the making of a statutory declaration relating to
2 the destruction or deletion of the supplied copy
3 and the providing of the statutory declaration to
4 the CEO or Electoral Commissioner.
5 (4) In subsection (3)(a) to (c), references to the supplied
6 copy include --
7 (a) other copies of the roll, or other documents or
8 information, derived (directly or indirectly and
9 wholly or partly) from the supplied copy; and
10 (b) any documents or information containing
11 details supplied under section 4.43(3b) relating
12 to the roll.
13
14 37. Section 4.43 amended
15 In section 4.43(1) delete "22nd" and insert:
16
17 29th
18
19 38. Section 4.46A inserted
20 At the end of Part 4 Division 9 Subdivision 2 insert:
21
22 4.46A. Restrictions on use of information contained in rolls
23 (1) In this section --
24 enrolment information --
25 (a) means any information that is supplied to a
26 person (person X) under section 4.42(2)
27 or 4.43(3b); and
page 32
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 38
1 (b) includes any information that is derived
2 (directly or indirectly and wholly or partly)
3 from any information supplied to person X as
4 referred to in paragraph (a);
5 supply includes disclose;
6 use includes supply.
7 (2) Person X must not use enrolment information, except
8 for any of the following purposes --
9 (a) if applicable -- a purpose connected with
10 person X's candidature in the election;
11 (b) if applicable -- the performance of person X's
12 functions as a member of the council after the
13 election;
14 (c) a prescribed purpose.
15 Penalty for this subsection: imprisonment for 1 year
16 and a fine of $5 000.
17 (3) Subsection (2)(a) to (c) do not permit the use of
18 enrolment information for a commercial purpose.
19 (4) Person X must not use enrolment information for a
20 commercial purpose.
21 Penalty for this subsection: imprisonment for 1 year
22 and a fine of $10 000.
23 (5) Person X must take all reasonable steps to ensure that
24 any person to whom any information that is enrolment
25 information is supplied (whether by person X or
26 another person) --
27 (a) is informed, no later than the time of supply,
28 that, as the case requires --
29 (i) the information was supplied to
30 person X under section 4.42(2) or
31 4.43(3b); or
page 33
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 38
1 (ii) the information was derived (directly or
2 indirectly and wholly or partly) from
3 information supplied to person X under
4 section 4.42(2) or 4.43(3b);
5 and
6 (b) does not use the information except for a
7 purpose for which person X is permitted to use
8 the information under subsection (2)(a), (b)
9 or (c).
10 Penalty for this subsection: imprisonment for 1 year
11 and a fine of $5 000.
12 (6) Except as permitted under subsection (7), a person
13 (person Y) must not use any information that is
14 enrolment information if person Y has been informed
15 or otherwise come to know, or has reasonable grounds
16 for believing, that the information --
17 (a) was supplied to person X under section 4.42(2)
18 or 4.43(3b); or
19 (b) was derived (directly or indirectly and wholly
20 or partly) from information supplied to
21 person X under section 4.42(2) or 4.43(3b).
22 Penalty for this subsection: imprisonment for 1 year
23 and a fine of $5 000.
24 (7) Person Y may use the information for a purpose for
25 which person X is permitted to use the information
26 under subsection (2)(a), (b) or (c).
27 (8) A person (person Z) must not use any information that
28 is enrolment information for a commercial purpose if
29 person Z has been informed or otherwise come to
30 know, or has reasonable grounds for believing, that the
31 information --
32 (a) was supplied to person X under section 4.42(2)
33 or 4.43(3b); or
page 34
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 39
1 (b) was derived (directly or indirectly and wholly
2 or partly) from information supplied to
3 person X under section 4.42(2) or 4.43(3b).
4 Penalty for this subsection: imprisonment for 1 year
5 and a fine of $10 000.
6 (9) Without limiting section 4.97, a prosecution for either
7 of the following may be commenced by the Electoral
8 Commissioner or a person authorised by the Electoral
9 Commissioner --
10 (a) an offence against this section;
11 (b) an offence against section 4.95 of attempting to
12 commit an offence against this section.
13 (10) Nothing in this section prevents a person from doing
14 anything to comply with regulations made for the
15 purposes of section 4.42(3).
16
17 39. Section 4.47 amended
18 In section 4.47(1):
19 (a) delete "56th" and insert:
20
21 63rd
22
23 (b) delete "45th" and insert:
24
25 52nd
26
page 35
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 40
1 40. Section 4.49 amended
2 (1) In section 4.49(a):
3 (a) delete "44th" and insert:
4
5 51st
6
7 (b) delete "37th" and insert:
8
9 44th
10
11 (2) After section 4.49(b) insert:
12
13 (ba) the nomination paper is accompanied by any
14 prescribed information for publication under
15 section 4.52; and
16
17 (3) Before section 4.49(c) insert:
18
19 (bb) if the candidate is an occupier (as defined in
20 section 2.19(2B)) -- the nomination paper is
21 accompanied by the following for the purpose
22 of establishing that a requirement prescribed for
23 the purposes of section 2.19(2A) is met or was
24 met at the close of enrolments --
25 (i) any statutory declaration required under
26 regulations;
27 (ii) any other prescribed information,
28 document or item;
29 and
30
page 36
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 41
1 41. Section 4.51 amended
2 (1) After section 4.51(1)(ba) insert:
3
4 (bb) the candidate is not qualified, or was not
5 qualified as at the close of enrolments, to be
6 elected as a member of the council due to
7 regulations made for the purposes of
8 section 2.19(2A); or
9
10 (2) In section 4.51(2) delete "(b)" and insert:
11
12 (b), (ba), (bb)
13
14 42. Section 4.52 replaced
15 Delete section 4.52 and insert:
16
17 4.52. Information about candidates to be published
18 (1) In this section --
19 relevant information, in relation to a candidate,
20 means --
21 (a) the following details --
22 (i) the candidate's name;
23 (ii) the name to appear on the ballot paper;
24 (iii) the ward (if any) in respect of which the
25 candidate has nominated;
26 (iv) the office for which the candidate has
27 nominated;
28 (v) the type of election in which the
29 candidate has nominated;
30 and
page 37
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 42
1 (b) the profile that accompanied the candidate's
2 nomination paper under section 4.49(b) (as
3 amended under section 4.51(3) if relevant); and
4 (c) any information that accompanied the
5 candidate's nomination paper under
6 section 4.49(ba); and
7 (d) any other prescribed information.
8 (2) If a nomination is accepted, the returning officer must
9 ensure that the candidate's relevant information is
10 published on the local government's official website.
11 (3) A candidate's relevant information must be kept on the
12 local government's official website --
13 (a) if section 4.55 or 4.57(2)(a) applies -- until the
14 result is declared under section 4.77; or
15 (b) otherwise -- until 6 p.m. on election day.
16 (4) Regulations may do either or both of the following --
17 (a) make provision in relation to how a candidate's
18 relevant information must be published on the
19 local government's official website under this
20 section;
21 (b) make provision for a candidate's relevant
22 information, or any part of a candidate's
23 relevant information, to be published, or
24 otherwise made available to electors, in ways in
25 addition to its publication on the local
26 government's official website under this
27 section.
28
page 38
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 43
1 43. Section 4.53 amended
2 Delete section 4.53(3) and insert:
3
4 (3) If a nomination is cancelled, the returning officer must
5 ensure --
6 (a) that the candidate's relevant information (as
7 defined in section 4.52(1)) is removed from the
8 local government's official website; and
9 (b) that notice of the cancellation is published on
10 that website until the close of nominations.
11
12 44. Section 4.64 amended
13 In section 4.64(1) delete "19th" and insert:
14
15 26th
16
17 45. Section 4.69 replaced
18 Delete section 4.69 and insert:
19
20 4.69. How to vote
21 (1) This section sets out how votes are cast at an election.
22 (2) An elector must cast 1 first-preference vote by writing
23 on the ballot paper the numeral 1 in the square opposite
24 the name of the candidate for whom the elector votes
25 as the elector's first preference.
26 (3) If there are 2 or more other candidates, the elector may
27 cast preference votes by writing consecutive numerals
28 from 2 (without repetition of any numeral) in the
29 squares opposite the names of other candidates to
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Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 46
1 indicate the order of the elector's preference for those
2 other candidates.
3 (4) The elector --
4 (a) may cast preference votes under subsection (3)
5 for 1 or more of the other candidates; and
6 (b) does not have to cast preference votes for all of
7 the other candidates.
8 (5) Regulations made for the purposes of
9 section 4.71(1)(a) must provide for ballot papers to
10 have squares opposite the names of candidates for the
11 purpose of giving effect to subsections (2) and (3).
12
13 46. Section 4.72 amended
14 After section 4.72(3) insert:
15
16 (4) The counting of votes may involve re-counts of votes
17 under section 4.72A.
18
19 47. Section 4.72A inserted
20 After section 4.72 insert:
21
22 4.72A. Re-counts of votes
23 (1) The returning officer may arrange for some or all of the
24 votes to be re-counted if, and to the extent that, the
25 returning officer considers appropriate.
26 (2) The returning officer may arrange a re-count under
27 subsection (1) --
28 (a) on the returning officer's own initiative; or
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Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 48
1 (b) on the written request of a candidate or
2 scrutineer, which must --
3 (i) be made before the returning officer
4 declares the result of the election under
5 section 4.77; and
6 (ii) include the candidate's or scrutineer's
7 reasons for the request.
8 (3) Regulations may prescribe circumstances in which the
9 returning officer must arrange for some or all of the
10 votes to be re-counted to the extent prescribed.
11 (4) In the course of a re-count under subsection (1) or (3),
12 the returning officer may review a decision to accept or
13 reject a ballot paper.
14 (5) A re-count under subsection (1) or (3) must be
15 conducted before the returning officer declares the
16 result of the election under section 4.77.
17
18 48. Section 4.73 amended
19 Delete section 4.73(5) and insert:
20
21 (5) When votes are counted under subsection (3)(b)
22 or (4) --
23 (a) if a ballot paper contains a first-preference vote
24 for the candidate who has been elected to the
25 office of mayor or president --
26 (i) the first-preference vote must be
27 disregarded; and
28 (ii) the ballot paper must be treated as if any
29 numeral indicating a preference for
30 another candidate had been altered
31 accordingly;
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Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 49
1 and
2 (b) if a ballot paper contains a preference vote for
3 the candidate who has been elected mayor or
4 president --
5 (i) the preference vote must be disregarded;
6 and
7 (ii) the ballot paper must be treated as if any
8 numeral indicating a subsequent
9 preference for another candidate had
10 been altered accordingly.
11 (6) In subsection (5) --
12 first-preference vote has the meaning given in
13 Schedule 4.1 clause 1;
14 preference vote has the meaning given in Schedule 4.1
15 clause 1.
16
17 49. Section 4.73A inserted
18 After section 4.73 insert:
19
20 4.73A. Procedure when councillor whose term is not
21 expiring is candidate for mayor or president
22 (1) This section applies if --
23 (a) the election is to fill the office of mayor or
24 president; and
25 (b) any candidate is a councillor on the council
26 whose office would become vacant under
27 section 2.32(f) were they to be elected mayor or
28 president; and
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Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 50
1 (c) on the same election day --
2 (i) if the district is not divided into
3 wards -- there is an election to fill an
4 office or offices of councillor on the
5 council; or
6 (ii) if the district is divided into wards --
7 there is an election to fill an office or
8 offices of councillor on the council for
9 the ward for which the candidate
10 referred to in paragraph (b) is a
11 councillor.
12 (2) The result of the election for mayor or president must
13 be ascertained before the result of the election referred
14 to in subsection (1)(c)(i) or (ii).
15
16 50. Section 4.75 amended
17 (1) In section 4.75(1) delete "regulations." and insert:
18
19 section 4.69.
20
21 (2) After section 4.75(2) insert:
22
23 (3) Regulations may do either or both of the following --
24 (a) without limiting the returning officer's
25 discretion to accept a ballot paper under
26 subsection (1) --
27 (i) prescribe circumstances in which the
28 returning officer must accept a ballot
29 paper even if the ballot paper is not
30 marked precisely in accordance with
31 section 4.69; and
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Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 51
1 (ii) prescribe how the returning officer must
2 treat a ballot paper when counting votes
3 if the ballot paper was accepted under
4 regulations made for the purposes of
5 subparagraph (i);
6 (b) prescribe circumstances in which the returning
7 officer must reject a ballot paper (despite
8 subsection (1) or otherwise).
9
10 Note: The heading to amended section 4.75 is to read:
11 Acceptance and rejection of ballot papers
12 51. Section 4.76 amended
13 In section 4.76 delete "votes." and insert:
14
15 votes as referred to in section 4.72A(4).
16
17 52. Section 4.77 amended
18 At the end of section 4.77 insert:
19
20 Note for this section:
21 See Schedule 4.1A clause 19 and Schedule 4.1B
22 clause 1(5) for further provisions relating to declarations
23 and notices under this section.
24
25 53. Section 4.80 amended
26 Delete section 4.80(2) and insert:
27
28 (2) In this Division --
29 invalidity complaint means a complaint --
30 (a) that the election is invalid; or
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Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 54
1 (b) that another person should be declared elected;
2 or
3 (c) that the term of office of a councillor should be
4 longer or shorter than the term determined by
5 the returning officer; or
6 (d) that a declaration made under Schedule 4.1A
7 clause 19 or Schedule 4.1B clause 1(5) by the
8 returning officer should be changed.
9
10 54. Section 4.81 amended
11 (1) After section 4.81(3)(b) insert:
12
13 (ba) any declaration made under Schedule 4.1A
14 clause 19 or Schedule 4.1B clause 1(5) by the
15 returning officer is of no effect; and
16 (bb) any office of member filled under
17 Schedule 4.1A or 4.1B by a candidate in the
18 election is vacant; and
19
20 (2) After section 4.81(4) insert:
21
22 (5) If the court declares that a declaration under
23 Schedule 4.1A clause 19 or Schedule 4.1B clause 1(5)
24 (the original declaration) should be changed --
25 (a) the court may make a declaration to replace the
26 original declaration; and
27 (b) if the court makes a declaration under
28 paragraph (a), the declaration --
29 (i) is to be regarded as a declaration under
30 Schedule 4.1A clause 19 or
31 Schedule 4.1B clause 1(5) (as the case
32 requires); and
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Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 55
1 (ii) must be published in accordance with
2 regulations;
3 and
4 (c) the court may otherwise make any orders that
5 the court thinks fit, including (without
6 limitation) any of the following --
7 (i) an order that a person who has been
8 elected to the council under
9 Schedule 4.1A or 4.1B is not to act as a
10 member of the council;
11 (ii) an order that a person is to be regarded
12 as having been elected to the council
13 under Schedule 4.1A or 4.1B;
14 (iii) an order that Schedule 4.1A or 4.1B be
15 applied or reapplied, with any
16 modifications specified in the order, in
17 relation to a vacancy.
18
19 55. Section 5.18A inserted
20 At the end of Part 5 Division 2 Subdivision 2 insert:
21
22 5.18A. Regulations in relation to functions of committees
23 Regulations may make provision in relation to the
24 functions of committees or the functions of types of
25 committee.
26
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Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 56
1 56. Section 5.19 amended
2 (1) In section 5.19 delete "The quorum" and insert:
3
4 (1) The quorum
5
6 (2) At the end of section 5.19 insert:
7
8 (2) Subsection (3) applies despite subsection (1) if a
9 council member is not present at any time during a
10 meeting of --
11 (a) the council; or
12 (b) a committee of which the council member is a
13 member.
14 (3) The office held by the council member must be
15 disregarded for the purpose of determining the quorum
16 for the meeting at that time if the meeting is held
17 during a period for which the council member is
18 entitled to parental leave under section 2.25(5B).
19 (4) Despite subsection (3), the quorum for a meeting
20 cannot be less than 2.
21
22 57. Section 5.21 amended
23 Delete section 5.21(4) and insert:
24
25 (4) If a matter is voted on at a meeting of a council or
26 committee, the person presiding must cause the
27 following information to be recorded in the minutes --
28 (a) the total votes cast for;
29 (b) the total votes cast against;
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Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 58
1 (c) the individual vote of each member of the
2 council or committee.
3 (4A) Subsection (4) does not apply to a vote that is required
4 to be by secret ballot under Schedule 2.3.
5 (4B) Regulations may prescribe how information is to be
6 recorded for the purposes of subsection (4)(a), (b)
7 or (c).
8
9 58. Section 5.23A inserted
10 After section 5.23 insert:
11
12 5.23A. Electronic broadcasting and video or audio
13 recording of council meetings
14 (1) In this section --
15 council meeting means a meeting of a council or
16 committee;
17 electronic broadcasting means broadcasting by way of
18 the Internet or other electronic means;
19 recording means a video recording or an audio
20 recording.
21 (2) Regulations may require, regulate or otherwise make
22 provision in relation to any of the following --
23 (a) the electronic broadcasting of council meetings
24 (either live or with a delay);
25 (b) the making or retaining of recordings of council
26 meetings;
27 (c) the making of recordings of council meetings
28 publicly available;
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Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 59
1 (d) the provision of, or otherwise making available
2 of, recordings of council meetings to any
3 person (on the person's request or otherwise).
4 (3) Regulations made for the purposes of subsection (2)
5 cannot require or authorise --
6 (a) the electronic broadcasting of any part of a
7 council meeting that is closed to members of
8 the public; or
9 (b) a recording of any such part of a council
10 meeting --
11 (i) to be made publicly available; or
12 (ii) to be provided to, or otherwise made
13 available to, any person other than the
14 Departmental CEO or a person
15 authorised by the Departmental CEO.
16 (4) Without limiting section 9.57A(2) or subsection (2),
17 regulations made for the purposes of subsection (2)
18 may provide for a local government, or any other
19 person, to be not liable to an action for defamation in
20 prescribed circumstances.
21
22 59. Section 5.25 deleted
23 Delete section 5.25.
24 60. Section 5.28 amended
25 (1) In section 5.28(1)(a) delete "100" and insert:
26
27 300
28
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Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 60
1 (2) After section 5.28(4) insert:
2
3 (5) Despite subsection (4), the mayor or president may --
4 (a) decide that the special meeting is not to be held
5 if the mayor or president is satisfied that the
6 substance of each matter for discussion
7 specified in the request --
8 (i) was discussed at a special meeting that
9 was held during the period of 12 months
10 ending on the day on which the mayor
11 or president received the request; or
12 (ii) was, or will be, discussed at a special
13 meeting that was, or will be, held during
14 the period of 35 days after the day on
15 which the mayor or president received
16 the request;
17 or
18 (b) decide that a matter for discussion specified in
19 the request is not to be discussed at the special
20 meeting in whole or in part if the mayor or
21 president is satisfied that the substance of the
22 whole of the matter or the part of the matter (as
23 the case requires) --
24 (i) was discussed at a special meeting that
25 was held during the period of 12 months
26 ending on the day on which the mayor
27 or president received the request; or
28 (ii) was, or will be, discussed at a special
29 meeting that was, or will be, held during
30 the period of 35 days after the day on
31 which the mayor or president received
32 the request.
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Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 61
1 (6) If the mayor or president makes a decision under
2 subsection (5)(a) or (b), each matter, or the whole or
3 part of the matter, is to be considered at --
4 (a) the first ordinary council meeting after the
5 mayor or president makes the decision; or
6 (b) if, when the mayor or president makes the
7 decision, the CEO has already convened that
8 first ordinary council meeting under
9 section 5.5(1) -- the second ordinary council
10 meeting after the mayor or president makes the
11 decision.
12 (7) The local government must give local public notice of
13 any decision of the mayor or president made under
14 subsection (5)(a) or (b) and of the reasons for the
15 decision.
16
17 61. Section 5.31 deleted
18 Delete section 5.31.
19 62. Part 5 Division 2 Subdivision 5 inserted
20 At the end of Part 5 Division 2 insert:
21
22 Subdivision 5 -- Regulations about meetings
23 5.33A. Regulations about meetings of councils, committees
24 or electors
25 (1) Regulations may make provision in relation to
26 meetings of councils, committees or electors.
27 (2) Without limiting subsection (1), regulations made for
28 the purposes of that subsection may make provision in
29 relation to any of the following --
30 (a) the matters to be dealt with at meetings;
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Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 62
1 (b) the procedure to be followed at, or in respect of,
2 meetings;
3 (c) the holding of meetings by telephone, video
4 conference or other electronic means;
5 (d) methods of voting at meetings;
6 (e) the circumstances and manner in which a
7 decision made at a meeting may be revoked or
8 changed (which may differ from the manner in
9 which the decision was made);
10 (f) the content and confirmation of minutes of
11 meetings;
12 (g) the keeping and preserving of documents that
13 relate to meetings;
14 (h) the publication or otherwise making available
15 for inspection by the public (including in
16 advance of meetings) of documents that relate
17 to meetings;
18 (i) the giving of public notice of the date and
19 agenda for meetings;
20 (j) the giving of directions, by the person presiding
21 at a meeting, to a council or committee member
22 or to any other person;
23 (k) the exclusion from a meeting of a council or
24 committee member or any other person --
25 (i) who fails to comply with a direction
26 given by the person presiding at the
27 meeting; or
28 (ii) whose conduct at the meeting is
29 offensive or disruptive or otherwise not
30 conducive to the proper conduct of the
31 meeting;
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Local Government Act 1995 amended Part 2
s. 62
1 (l) the steps to be taken if a council or committee
2 member, or any other person, refuses to leave a
3 meeting after having been excluded as referred
4 to in paragraph (k).
5 (3) If regulations made for the purposes of subsection (1)
6 provide for meetings to be held by telephone, video
7 conference or other electronic means, regulations may
8 modify the application of this Act in relation to those
9 meetings to the extent necessary or convenient to
10 facilitate the holding of those meetings in that way.
11 (4) In subsection (2)(g) and (h), references to documents
12 that relate to meetings include (without limitation) the
13 following --
14 (a) minutes of meetings (confirmed or
15 unconfirmed);
16 (b) notice papers or agendas for meetings;
17 (c) reports or other documents that are tabled,
18 produced or presented at meetings;
19 (d) reports or other documents that are intended to
20 be tabled, produced or presented at meetings.
21 (5) Regulations made for the purposes of subsection (1)
22 may, in relation to a member of the public who raises a
23 question at a meeting under section 5.24, make
24 provision about how the member is to be referred to in
25 a document that is made available for inspection under
26 section 5.94(n) or (p) or is published under
27 section 5.96A(1)(f) or (h).
28 (6) Regulations made for the purposes of subsection (1)
29 may prescribe model provisions that must or may be
30 adopted by a local government.
31
page 53
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 63
1 63. Section 5.38 replaced
2 Delete section 5.38 and insert:
3
4 5.38. Annual review of CEO's performance
5 (1) A local government must review the performance of
6 the CEO if the CEO is employed for a term of more
7 than 1 year.
8 (2) A review under subsection (1) must be conducted at
9 least once in relation to each year of the CEO's
10 employment.
11 (3) If a local government reviews the performance of the
12 CEO under subsection (1), the local government
13 must --
14 (a) prepare a report of the review; and
15 (b) provide a copy of the report to the CEO; and
16 (c) give the CEO a reasonable opportunity to
17 respond to the report.
18 (4) The report under subsection (3)(a) must include, for
19 publication under section 5.39AA(1)(b), a statement
20 that --
21 (a) sets out each performance criterion against
22 which the CEO's performance was reviewed;
23 and
24 (b) for each performance criterion, summarises the
25 outcome of the review; and
26 (c) includes any prescribed information.
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Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 64
1 (5) The CEO's response under subsection (3)(c) may
2 include, for publication under section 5.39AA(1)(c), a
3 statement responding to the statement under
4 subsection (4).
5 (6) A report or response under subsection (3)(a) or (c),
6 including any statement under subsection (4) or (5),
7 must comply with any prescribed requirements relating
8 to its form or content.
9
10 64. Section 5.39AA inserted
11 After section 5.39 insert:
12
13 5.39AA. Publication of information relating to CEO's
14 performance
15 (1) A local government must publish the following in
16 accordance with regulations --
17 (a) the performance criteria specified in the CEO's
18 contract of employment under
19 section 5.39(3)(b);
20 (b) a copy of any statement under section 5.38(4)
21 relating to a review of the CEO's performance;
22 (c) a copy of any statement of the CEO under
23 section 5.38(5) responding to a statement under
24 section 5.38(4).
25 (2) The Departmental CEO may, if satisfied that it is in the
26 public interest to do so, direct that specified
27 information be excluded from anything published
28 under subsection (1).
29
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Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 65
1 65. Section 5.39A amended
2 After section 5.39A(2) insert:
3
4 (3) Without limiting subsection (1), the model standards
5 may --
6 (a) provide for a local government to involve, in
7 ways specified in the model standards, a
8 member of a panel of persons established by
9 the Departmental CEO; and
10 (b) confer functions on members of the panel; and
11 (c) provide for the Departmental CEO to authorise
12 a local government not to involve a member of
13 the panel as the local government would
14 otherwise be required to under a provision
15 included in the model standards under
16 paragraph (a).
17 (4) For the purposes of any provision included in the
18 model standards under subsection (3), regulations may
19 provide for the establishment of a panel of persons by
20 the Departmental CEO.
21 (5) Without limiting subsection (4), regulations made for
22 the purposes of that subsection may do any of the
23 following --
24 (a) provide for a local government to pay fees to a
25 member of the panel;
26 (b) provide for a local government to reimburse
27 expenses of a member of the panel;
28 (c) for the purposes of paragraph (a) or (b) (but
29 without limiting either of those paragraphs),
30 provide for any provision of section 5.100 to
31 apply (with or without modifications) as if the
32 member of the panel were a committee
33 member.
34
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Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 66
1 66. Section 5.43 amended
2 In section 5.43(e) delete "5.99A or 5.100;" and insert:
3
4 5.99A, 5.100 or 5.129;
5
6 67. Section 5.53 amended
7 Delete section 5.53(2) and insert:
8
9 (2) Regulations may prescribe information or other
10 contents that must be contained in an annual report.
11 (3) Without limiting subsection (2), regulations may
12 prescribe any of the following for the purposes of that
13 subsection --
14 (a) a report from the mayor or president;
15 (b) a report from the CEO;
16 (c) an overview of any current council plan under
17 section 5.56, including major initiatives that are
18 proposed under that plan to commence or to
19 continue in the next financial year;
20 (d) the financial report for the financial year;
21 (e) information relating to payments made to
22 employees;
23 (f) details of entries made under section 5.121
24 during the financial year in the register of
25 complaints.
26 (4) An annual report must contain --
27 (a) the auditor's report prepared under
28 section 7.12AD(1) for the financial year; and
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Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 68
1 (b) any report required under the Disability
2 Services Act 1993 section 29(2).
3
4 68. Section 5.56 replaced
5 Delete section 5.56 and insert:
6
7 5.56. Council plan
8 (1) A local government must, in accordance with
9 regulations --
10 (a) prepare a council plan; and
11 (b) publish, review and modify the council plan.
12 (2) A council plan is a plan for --
13 (a) the future services and facilities for the district
14 that are to be provided by the local government;
15 and
16 (b) any prescribed matters.
17 (3) Without limiting subsections (1) and (2)(b), regulations
18 may prescribe any of the following --
19 (a) information and other contents to be contained
20 in a council plan;
21 (b) the period which a council plan is to cover;
22 (c) when a council plan is to be prepared,
23 published, reviewed, modified or replaced;
24 (d) procedures to be followed in preparing,
25 reviewing, modifying or replacing a council
26 plan.
27 Note for this section:
28 See the Waste Avoidance and Resource Recovery
29 Act 2007 Part 4 Division 3 for provisions relating to the
30 inclusion of waste plans in council plans.
31
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Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 69
1 69. Part 5 Division 5A inserted
2 After Part 5 Division 5 insert:
3
4 Division 5A -- Community engagement
5 5.56A. Community engagement charter
6 (1) In this section --
7 community member, in relation to a local
8 government --
9 (a) means a person who is a member of the
10 district's community or who otherwise has an
11 interest in the local government's activities; and
12 (b) includes a person of a prescribed class.
13 (2) A local government must prepare and adopt* a
14 community engagement charter that sets out principles
15 to be applied, and things to be done, by the local
16 government for, or in relation to, the following --
17 (a) ascertaining opinions of, and otherwise
18 receiving feedback from, a diverse range of
19 community members;
20 (b) facilitating and otherwise promoting the
21 participation of a diverse range of community
22 members in the local government's
23 decision-making processes;
24 (c) otherwise engaging with a diverse range of
25 community members.
26 * Absolute majority required.
27 (3) The local government may amend* its community
28 engagement charter.
29 * Absolute majority required.
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Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 69
1 (4) The CEO must publish an up-to-date version of the
2 local government's community engagement charter on
3 the local government's official website.
4 (5) Regulations may do any of the following --
5 (a) make provision in relation to the form or
6 content of a community engagement charter;
7 (b) prescribe a deadline for the adoption of a
8 community engagement charter;
9 (c) prescribe things that a local government must
10 do when preparing its community engagement
11 charter or an amendment to it;
12 (d) make other provision in relation to community
13 engagement charters.
14 5.56B. Community surveys
15 (1) Regulations may require a local government to conduct
16 surveys of persons of a prescribed class --
17 (a) to ascertain opinions on prescribed matters; or
18 (b) otherwise to receive feedback on prescribed
19 matters; or
20 (c) for any other prescribed purpose.
21 (2) Any survey must be conducted in accordance with any
22 prescribed requirements.
23 (3) Without limiting subsection (2), regulations may
24 prescribe the form, content or frequency of surveys.
25 (4) Regulations may require the CEO to publish the results
26 of a survey in any prescribed way.
27
page 60
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 70
1 70. Section 5.63 amended
2 In section 5.63(1)(c):
3 (a) in subparagraph (iii) delete "5.101A;" and insert:
4
5 5.101A; or
6
7 (b) after subparagraph (iii) insert:
8
9 (iv) a fee or reimbursement of an expense in
10 accordance with a policy adopted by the
11 local government under section 5.129;
12
13 71. Section 5.68 amended
14 Delete section 5.68(1A) and insert:
15
16 (1A) Subsection (1) does not apply if --
17 (a) the interest disclosed is an interest relating to a
18 gift; and
19 (b) subsection (1B) or (1C) applies to the gift.
20 (1B) This subsection applies to the gift if the disclosing
21 member was or is required by regulations under
22 section 4.59(a) to provide information about the gift in
23 relation to an election.
24 (1C) This subsection applies to the gift if --
25 (a) the amount of the gift exceeds the amount
26 prescribed for the purposes of this subsection;
27 or
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Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 72
1 (b) the gift is 1 of 2 or more gifts made by 1 person
2 to the disclosing member at any time during a
3 year and the sum of the amounts of those 2 or
4 more gifts exceeds the amount prescribed for
5 the purposes of this subsection.
6
7 72. Section 5.88 amended
8 After section 5.88(2) insert:
9
10 (2A) The CEO must publish an up-to-date version of the
11 record required under subsection (2)(b) on the local
12 government's official website.
13
14 73. Section 5.92 amended
15 After section 5.92(2) insert:
16
17 (3) The right of a council member or committee member to
18 access information under this section must be exercised
19 in accordance with the local government's
20 communications agreement (see sections 5.92A
21 to 5.92C).
22
23 74. Sections 5.92A to 5.92C inserted
24 After section 5.92 insert:
25
26 5.92A. Local government to have communications
27 agreement
28 (1) A local government must have a communications
29 agreement.
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Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 74
1 (2) A communications agreement is a written agreement
2 between the council and the CEO that regulates the
3 following --
4 (a) the access of council members and committee
5 members to information held by the local
6 government under section 5.92 or otherwise,
7 including the following --
8 (i) the steps that a council member or
9 committee member who wants access to
10 information must take;
11 (ii) the steps that the CEO must take if a
12 council member or committee member
13 wants access to information;
14 (b) other requests for information that council
15 members and committee members may make to
16 the local government, including the
17 following --
18 (i) the steps that a council member or
19 committee member who wants to
20 request information must take;
21 (ii) the steps that the CEO must take if a
22 council member or committee member
23 requests information;
24 (c) the way in which, and the circumstances in
25 which, dealings may be had, and
26 communications may be made, between --
27 (i) a council member or committee
28 member; and
29 (ii) an employee;
30 (d) any prescribed matter.
31 (3) A person who is a council member, committee member
32 or employee must (when acting in their capacity as
33 such) comply with the communications agreement.
page 63
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 74
1 (4) Regulations may do any of the following --
2 (a) prescribe content that must be included in a
3 communications agreement;
4 (b) prescribe content that must not be included in a
5 communications agreement;
6 (c) make other provision in relation to
7 communications agreements.
8 5.92B. Default communications agreement
9 (1) The Minister must, by order, set out a form of
10 communications agreement (the default
11 communications agreement).
12 Note for this subsection:
13 The default communications agreement can be amended or
14 replaced from time to time by a variation to the order in
15 which the default communications agreement is set out or
16 by the making of an order that supersedes that order -- see
17 section 9.65(2).
18 (2) For the purposes of section 5.92A, the default
19 communications agreement is taken to be a local
20 government's communications agreement at any time
21 when the local government does not have a
22 communications agreement of its own under
23 section 5.92C.
24 (3) The version of the default communications agreement
25 that is taken to be a local government's
26 communications agreement at any time under
27 subsection (2) is the version that is current at that time.
28 (4) An order under subsection (1) may set out different
29 forms of communications agreement for different local
30 governments or different classes of local government.
page 64
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 74
1 (5) For the purposes of subsection (4), an order under
2 subsection (1) may (without limitation) adopt or
3 otherwise apply classifications of local governments or
4 districts used in a determination made under the
5 Salaries and Allowances Act 1975 section 7A or 7B.
6 5.92C. Local government may adopt communications
7 agreement of its own
8 (1) A local government may prepare and adopt* a
9 communications agreement of its own.
10 * Absolute majority required.
11 (2) A local government cannot adopt a communications
12 agreement of its own at any time during a caretaker
13 period.
14 (3) If a local government adopts a communications
15 agreement of its own, for the purposes of
16 section 5.92A --
17 (a) the communications agreement has effect as the
18 local government's communications agreement
19 from when it is adopted until the earlier of the
20 following --
21 (i) the next time a caretaker period ends;
22 (ii) the end of the employment of the CEO
23 who agreed to the adoption of the
24 communications agreement under
25 subsection (4);
26 and
27 (b) the local government may amend* the
28 communications agreement at any time when it
29 is in effect under paragraph (a), except during a
30 caretaker period.
31 * Absolute majority required.
page 65
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 75
1 (4) A local government cannot adopt or amend a
2 communications agreement of its own without the
3 agreement of the CEO.
4 (5) If a local government has a communications agreement
5 of its own, the CEO must publish an up-to-date version
6 of the communications agreement on the local
7 government's official website.
8
9 75. Section 5.94 amended
10 Delete section 5.94(f) and insert:
11
12 (f) any current council plan under section 5.56;
13
14 76. Section 5.95 amended
15 (1) After section 5.95(4) insert:
16
17 (4A) A person's right to inspect information referred to in
18 section 5.94(n) or (p) is subject to any provision of
19 regulations made for the purposes of section 5.33A(1)
20 as referred to in section 5.33A(5).
21
22 (2) After section 5.95(8) insert:
23
24 (9) Information may be prescribed for the purposes of
25 section 5.94(u)(ii) whether or not the information is
26 required to be generated, obtained, provided or kept
27 under another provision of this Act.
28
29 Note: The heading to amended section 5.95 is to read:
30 Further provisions relating to right to inspect local government
31 information
page 66
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 77
1 77. Section 5.96A amended
2 (1) Delete section 5.96A(1)(e) and insert:
3
4 (e) any current council plan under section 5.56;
5
6 (2) After section 5.96A(3) insert:
7
8 (3A) The publication of information referred to in
9 subsection (1)(f) or (h) must comply with any
10 provision of regulations made for the purposes of
11 section 5.33A(1) as referred to in section 5.33A(5).
12
13 (3) Before section 5.96A(4) insert:
14
15 (3B) A kind of information may be prescribed for the
16 purposes of subsection (1) as provided for by
17 subsection (1)(i) whether or not that kind of
18 information is required to be generated, obtained,
19 provided or kept under another provision of this Act.
20
21 78. Section 5.96B inserted
22 After section 5.96A insert:
23
24 5.96B. Registers
25 (1) Regulations may require the CEO to keep a register
26 containing prescribed information relating to a
27 prescribed matter.
page 67
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 79
1 (2) Without limiting subsection (1), the matters that may
2 be prescribed for the purposes of that subsection
3 include the following --
4 (a) leases of land for which the local government is
5 the lessor or lessee;
6 (b) grants of money made by the local government;
7 (c) contracts for goods or services entered into by
8 the local government;
9 (d) matters relating to a function of the local
10 government under the Planning and
11 Development Act 2005.
12 (3) A register must be in the form that is prescribed (if
13 any).
14 (4) A register must be updated from time to time in
15 accordance with regulations.
16 (5) The CEO must publish a register (as updated from time
17 to time) on the local government's official website.
18
19 79. Section 5.98 amended
20 (1) Delete section 5.98(6) and insert:
21
22 (6) A local government cannot make any payment to, or
23 reimburse an expense of, a person who is a council
24 member or a mayor or president in that person's
25 capacity as council member, mayor or president unless
26 the payment or reimbursement is in accordance with --
27 (a) this Division; or
28 (b) a policy adopted by the local government under
29 section 5.129.
30
31 (2) Delete section 5.98(7).
page 68
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 80
1 80. Section 5.100 replaced
2 Delete section 5.100 and insert:
3
4 5.100. Fees paid and expenses reimbursed to committee
5 members
6 (1) In this section --
7 committee member means a person who is a committee
8 member but who is neither a council member nor an
9 employee;
10 determined means determined by the Salaries and
11 Allowances Tribunal under the Salaries and
12 Allowances Act 1975 section 7BAA.
13 (2) A committee member who attends a meeting of the
14 committee is entitled to be paid --
15 (a) the fee determined for attending a committee
16 meeting; or
17 (b) if the local government has set a fee within the
18 range determined for committee meeting
19 attendance fees -- that fee.
20 (3) A committee member who attends a meeting of a
21 prescribed type at the request of the council is entitled
22 to be paid --
23 (a) the fee determined for attending a meeting of
24 that type; or
25 (b) if the local government has set a fee within the
26 range determined for meetings of that type --
27 that fee.
page 69
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 80
1 (4) Subsection (5) applies if a committee member
2 incurs --
3 (a) an expense that is of a kind prescribed as being
4 an expense to be reimbursed by all local
5 governments; or
6 (b) an expense --
7 (i) that is of a kind prescribed as being an
8 expense which may be approved by any
9 local government for reimbursement by
10 the local government; and
11 (ii) which has been approved by the local
12 government for reimbursement.
13 (5) The committee member must be reimbursed for the
14 expense --
15 (a) if the extent of reimbursement for the expense
16 has been determined -- to that extent; or
17 (b) if the local government has set the extent to
18 which the expense can be reimbursed and that
19 extent is within the range determined for
20 reimbursement -- to that extent.
21 (6) If an expense is of a kind that may be approved by a
22 local government for reimbursement, the local
23 government may approve reimbursement of the
24 expense either generally or in a particular case but
25 nothing in this subsection limits the application of
26 subsection (5) if the local government has approved
27 reimbursement of the expense in a particular case.
28 (7) A local government cannot make any payment to, or
29 reimburse an expense of, a person who is a committee
30 member in that person's capacity as committee
31 member unless the payment or reimbursement is in
32 accordance with this section.
33
page 70
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 81
1 81. Section 5.105 amended
2 (1) After section 5.105(1)(a) insert:
3
4 (aa) contravenes a provision of regulations made for
5 the purposes of section 5.33A(1), contravention
6 of which regulations specify to be a minor
7 breach; or
8
9 (2) After section 5.105(1A) insert:
10
11 (1AA) Regulations cannot specify that contravention of a
12 provision of regulations made for the purposes of
13 section 5.33A(1) is a minor breach if contravention of
14 the provision would, in addition to being a minor
15 breach under subsection (1), also be a serious breach
16 under subsection (3).
17
18 (3) After section 5.105(3) insert:
19
20 (4) In this section, references to a provision of regulations
21 made for the purposes of section 5.33A(1) include a
22 model provision prescribed as referred to in
23 section 5.33A(6) that has been adopted by the local
24 government.
25
page 71
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 82
1 82. Section 5.129 inserted
2 At the end of Part 5 Division 10 insert:
3
4 5.129. Fees and expenses
5 (1) A local government may prepare and adopt* a policy
6 under which the local government undertakes to do
7 1 or more of the following --
8 (a) pay a fee to a council member in relation to
9 their participation in a course of training that
10 they are required to complete under
11 section 5.126;
12 (b) reimburse a council member for a fee or other
13 expense incurred by the council member in
14 relation to their participation in a course of
15 training that they are required to complete
16 under section 5.126;
17 (c) pay a fee to a council member in relation to
18 their participation in continuing professional
19 development under the local government's
20 policy under section 5.128;
21 (d) reimburse a council member for a fee or other
22 expense incurred by the council member in
23 relation to their participation in continuing
24 professional development under the local
25 government's policy under section 5.128.
26 * Absolute majority required.
27 (2) The local government may do the following --
28 (a) amend* the policy at any time;
29 (b) revoke* the policy at any time (with or without
30 replacing it).
31 * Absolute majority required.
page 72
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 82
1 (3) The CEO must publish an up-to-date version of the
2 policy on the local government's official website.
3 (4) Regulations may do any of the following --
4 (a) prescribe monetary limits or ranges in respect
5 of amounts that may be paid or reimbursed
6 under a policy;
7 (b) provide that a policy can apply only in respect
8 of prescribed courses of training or prescribed
9 types of continuing professional development;
10 (c) otherwise provide for restrictions on the
11 amounts that may be paid or reimbursed under
12 a policy;
13 (d) make other provision in relation to the content
14 of a policy;
15 (e) make provision in relation to the form of a
16 policy;
17 (f) otherwise make provision in relation to
18 policies.
19 (5) Despite any regulations made for the purposes of
20 subsection (4), the Departmental CEO may authorise a
21 local government to apply its policy to a course of
22 training, or to any continuing professional
23 development, to which the local government would not
24 otherwise be authorised to apply the policy because of
25 those regulations.
26 (6) Neither the Salaries and Allowances Act 1975
27 section 7B nor a determination made under that section
28 limits or otherwise affects what can be done under this
29 section.
30
page 73
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 83
1 83. Section 6.2 amended
2 (1) In section 6.2(2) delete "the plan for the future of the district
3 made in accordance with" and insert:
4
5 any current council plan under
6
7 (2) Delete section 6.2(4) and (5) and insert:
8
9 (4) Regulations may prescribe information or other
10 contents that must be contained in the annual budget or
11 contained in documents accompanying the annual
12 budget.
13 (5) Without limiting subsection (4), regulations may
14 prescribe any of the following for the purposes of that
15 subsection --
16 (a) particulars of the estimated expenditure
17 proposed to be incurred by the local
18 government;
19 (b) information relating to the rates and service
20 charges which will apply to land within the
21 district, including --
22 (i) the amount it is estimated will be
23 yielded by the general rate; and
24 (ii) the rate of interest (if any) to be charged
25 by the local government on unpaid rates
26 and service charges;
27 (c) the fees and charges proposed to be imposed by
28 the local government;
29 (d) the particulars of borrowings and other
30 financial accommodation proposed to be
31 entered into by the local government;
page 74
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 84
1 (e) details of the amounts to be set aside in, or used
2 from, reserve accounts and of the purpose for
3 which they are to be set aside or used;
4 (f) particulars of proposed land transactions and
5 trading undertakings (as those terms are defined
6 in and for the purpose of section 3.59) of the
7 local government.
8 (6) Regulations may provide for the form of the annual
9 budget.
10
11 84. Section 6.4 amended
12 In section 6.4(2)(b) delete "information." and insert:
13
14 information or other contents.
15
16 85. Section 7.13 amended
17 In section 7.13(2) delete "under section 5.25 in relation to" and
18 insert:
19
20 for the purposes of section 5.33A(1) in relation to meetings of
21
22 86. Section 9.61A inserted
23 After section 9.61 insert:
24
25 9.61A. Further provisions about regulations
26 (1) Any power to make regulations may be exercised in
27 either or both of the following ways --
page 75
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 86
1 (a) it may be exercised in relation to --
2 (i) only certain local governments or
3 districts; or
4 (ii) only a certain class of local government
5 or district;
6 (b) it may be exercised so as to make different
7 provisions for --
8 (i) different local governments or districts;
9 or
10 (ii) different classes of local government or
11 district.
12 (2) For the purposes of subsection (1)(a) and (b),
13 regulations may confer a power on the Minister, by
14 order, to specify, or to make provision for determining,
15 the local governments or districts, or class of local
16 government or district, to which a provision of
17 regulations applies.
18 (3) Either of the following may (without limitation) adopt
19 or otherwise apply classifications of local governments
20 or districts used in a determination made under the
21 Salaries and Allowances Act 1975 section 7A or 7B --
22 (a) regulations made as referred to in
23 subsection (1)(a) or (b);
24 (b) an order made in the exercise of a power
25 conferred under subsection (2).
26 (4) This section does not limit the Interpretation Act 1984
27 section 43(7) or (8).
28
page 76
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 87
1 87. Section 9.63A inserted
2 After section 9.63 insert:
3
4 9.63A. Minister may grant exemptions from compliance
5 with Act
6 (1) In this section --
7 emergency means --
8 (a) the occurrence, or imminent occurrence, of an
9 event, situation or condition that is a hazard
10 under the definition of that term in the
11 Emergency Management Act 2005 section 3; or
12 (b) a public health emergency as defined in the
13 Public Health Act 2016 section 4(1);
14 excluded provision means --
15 (a) Part 2 or a provision of that Part; or
16 (b) Schedule 2.1, 2.2, 2.3, 2.4 or 2.5 or a provision
17 of any of those Schedules; or
18 (c) Part 3 Division 2 or a provision of that
19 Division; or
20 (d) Part 4 or a provision of that Part; or
21 (e) Schedule 4.1 or 4.2 or a provision of either of
22 those Schedules; or
23 (f) an order or regulations, or a provision of an
24 order or regulations, if the order or regulations
25 or provision is made under, or for the purposes
26 of, anything referred to in paragraphs (a) to (e).
27 (2) A local government may apply to the Minister for an
28 exemption under this section if the local government is
29 satisfied that the exemption is reasonably necessary for
30 either of the following purposes --
page 77
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 87
1 (a) to enable the local government to respond
2 urgently to an emergency;
3 (b) to enable the local government to respond, on a
4 temporary basis, to unusual circumstances.
5 (3) An exemption under this section is an exemption from
6 a provision of this Act, or a requirement of a provision
7 of this Act, as specified in the local government's
8 application.
9 Note for this subsection:
10 References to this Act include any subsidiary legislation
11 made under this Act -- see the Interpretation Act 1984
12 section 46.
13 (4) If the Minister receives an application, the Minister
14 may, by written notice to the local government, grant
15 the exemption if the Minister is satisfied --
16 (a) that the exemption is not from an excluded
17 provision or a requirement of an excluded
18 provision; and
19 (b) that the exemption is reasonably necessary to
20 enable the local government --
21 (i) to respond urgently to an emergency; or
22 (ii) to respond, on a temporary basis, to
23 unusual circumstances;
24 and
25 (c) in the case of an exemption for an
26 emergency -- that the application was made as
27 soon as was reasonably practicable; and
28 (d) that the exemption will not undermine good
29 government in the local government's district;
30 and
31 (e) that the exemption is in the public interest.
32 (5) The exemption must be granted for a specified period.
page 78
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 88
1 (6) In the case of an exemption for an emergency, the
2 specified period may be a period that began, or that
3 began and ended, before the exemption is granted.
4 (7) The exemption may be expressed to apply --
5 (a) only for specified activities; and
6 (b) subject to any other type of limitation.
7 (8) The exemption may be granted subject to specified
8 conditions.
9 (9) If the exemption is granted subject to a specified
10 condition, the exemption has no effect at any time
11 when the condition is being contravened.
12 (10) The local government must give local public notice of
13 the exemption.
14
15 88. Section 9.63A amended
16 In section 9.63A(1) in the definition of excluded provision
17 delete paragraph (e) and insert:
18
19 (e) Schedule 4.1A, 4.1B, 4.1 or 4.2 or a provision
20 of any of those Schedules; or
21
22 89. Schedule 2.2 clause 3 amended
23 After Schedule 2.2 clause 3(2) insert:
24
25 (3) A submission that an order be made to do any or all of the
26 things referred to in section 2.2(1) cannot be made to a local
27 government if the district is a district which, under
28 regulations made for the purposes of section 2.2A(1)(a),
29 cannot be divided into wards.
30
page 79
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 90
1 90. Schedule 2.2 clause 6 amended
2 (1) In Schedule 2.2 clause 6(1) delete "8" and insert:
3
4 10
5
6 (2) After Schedule 2.2 clause 6(1) insert:
7
8 (1A) If an order under section 2.2(1) establishes a ward system
9 for a district, the local government must carry out its first
10 review of the ward system as described in subclause (1)
11 within 10 years after the establishment of the ward system.
12
13 (3) Delete Schedule 2.2 clause 6(2).
14 (4) In Schedule 2.2 clause 6(3) delete "or (2)".
15 91. Schedules 4.1A and 4.1B inserted
16 After Schedule 3.2 insert:
17
18 Schedule 4.1A -- Filling extraordinary vacancy
19 without extraordinary election
20 [s. 4.8]
21 Division 1 -- Preliminary
22 1. Terms used
23 In this Schedule --
24 former member means the councillor or elector mayor or
25 president referred to in clause 2(1)(a);
26 vacancy day has the meaning given in clause 2(1)(c);
page 80
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 91
1 working day means a day other than --
2 (a) a Saturday or Sunday; or
3 (b) a public holiday throughout the State; or
4 (c) a public holiday in an area that is or includes the
5 district or any part of the district.
6 Division 2 -- Application of Schedule
7 2. Certain extraordinary vacancies to be filled under
8 Schedule instead of by extraordinary election
9 (1) Subclauses (2) to (5) apply if --
10 (a) the office of a councillor, or of an elector mayor or
11 president, becomes vacant under section 2.32; and
12 (b) the former member --
13 (i) was elected under Schedule 4.1 clause 2, 4
14 or 5 or under Schedule 4.1 Division 3; or
15 (ii) was elected under clause 6, 9 or 12 of this
16 Schedule;
17 and
18 (c) the office becomes vacant on a day (the vacancy
19 day) that is within the period of 12 months
20 beginning on the day on which the former
21 member's term began; and
22 (d) none of the following applies --
23 (i) any poll needed for the extraordinary
24 election to fill the vacancy must be held on
25 an ordinary elections day under
26 section 4.16(2) or (3);
27 (ii) the council may, with the approval of the
28 Electoral Commissioner, fix an ordinary
29 elections day as the day for the holding of
30 any poll needed for the extraordinary
31 election to fill the vacancy under
32 section 4.16(4);
page 81
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 91
1 (iii) the vacancy must remain unfilled under
2 section 4.17(1);
3 (iv) the council may, with the approval of the
4 Electoral Commissioner, allow the vacancy
5 to remain unfilled under section 4.17(2);
6 and
7 (e) the vacancy is not required to be filled under
8 Schedule 4.1B.
9 (2) The CEO must proceed under the applicable provisions of
10 Division 3, 4 or 5 to determine whether the vacancy can be
11 filled under this Schedule.
12 (3) In so proceeding, the CEO is bound by any applicable
13 declaration made under clause 19.
14 (4) If the vacancy is filled, the CEO must declare, and give
15 notice of, the election in accordance with regulations.
16 (5) If the vacancy cannot be filled, the CEO must notify the
17 council.
18 (6) For the purposes of this Schedule, an office is taken to
19 become vacant under section 2.32(b) when the CEO
20 receives notice of the resignation --
21 (a) even if the resignation takes effect on a later day;
22 but
23 (b) not if that later day is after the 12-month period
24 referred to in subclause (1)(c).
25 Note for this clause:
26 If a person who is a councillor on a council is elected under
27 this Schedule to fill the office of elector mayor or president
28 on the council, the person's office as councillor becomes
29 vacant under section 2.32(f) accordingly.
page 82
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 91
1 Division 3 -- One office elections
2 Subdivision 1 -- One office election: 2 candidates
3 3. Application of Subdivision
4 This Subdivision applies if the former member was elected
5 under Schedule 4.1 clause 2.
6 4. Filling of vacancy by unsuccessful candidate
7 (1) Within 5 working days after the vacancy day, the CEO must
8 notify the candidate who was not elected at the election (the
9 unsuccessful candidate) --
10 (a) that the office has become vacant; and
11 (b) that the unsuccessful candidate may fill the
12 vacancy.
13 (2) If the unsuccessful candidate is notified under subclause (1),
14 the unsuccessful candidate may, within 5 working days after
15 the day on which they are notified, notify the CEO --
16 (a) that they want to fill the vacancy; and
17 (b) that they consider that they are qualified to be
18 elected to the council under section 2.19.
19 (3) If the unsuccessful candidate notifies the CEO under
20 subclause (2), the unsuccessful candidate is elected to the
21 vacant office on the day after --
22 (a) the day on which the CEO is notified; or
23 (b) if later in the case of a vacancy under
24 section 2.32(b) -- the day on which the resignation
25 takes effect.
26 (4) Despite subclauses (1) to (3), the vacancy cannot be filled
27 under this clause --
28 (a) if any of the following applies --
29 (i) the unsuccessful candidate was elected to a
30 vacant office under Schedule 4.1B clause 2;
page 83
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 91
1 (ii) on the vacancy day, the unsuccessful
2 candidate is a member of the council, unless
3 the vacant office is that of elector mayor or
4 president;
5 (iii) the unsuccessful candidate has died before
6 the vacancy day;
7 (iv) the unsuccessful candidate does not notify
8 the CEO under subclause (2);
9 (v) the unsuccessful candidate dies before the
10 day on which they are elected under
11 subclause (3);
12 or
13 (b) in any prescribed circumstances.
14 Subdivision 2 -- One office election: 3 or more candidates where
15 former member elected under Schedule 4.1 clause 4
16 5. Application of Subdivision
17 (1) This Subdivision applies if the former member was elected
18 under Schedule 4.1 clause 4.
19 (2) In this Subdivision --
20 candidate --
21 (a) means a candidate in the election at which the
22 former member was elected; but
23 (b) does not include --
24 (i) the former member; or
25 (ii) a candidate who was elected to a vacant
26 office under Schedule 4.1B clause 3;
27 first-preference vote has the meaning given in Schedule 4.1
28 clause 1;
29 second placed candidate, subject to subclause (3), means
30 the candidate --
31 (a) who is the only candidate; or
32 (b) who had the highest number of first-preference
33 votes of all the candidates;
page 84
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 91
1 third placed candidate, subject to subclause (3), means the
2 candidate who had the second highest number of
3 first-preference votes of all the candidates.
4 (3) If 2 or more candidates had the same number of
5 first-preference votes and if the case requires it to be done,
6 lots must be drawn, in accordance with regulations, to
7 determine either or both of the following as the case
8 requires --
9 (a) the candidate who is the second placed candidate;
10 (b) the candidate who is the third placed candidate.
11 6. Filling of vacancy by second placed candidate
12 (1) Within 5 working days after the vacancy day, the CEO must
13 notify the second placed candidate --
14 (a) that the office has become vacant; and
15 (b) that the second placed candidate may fill the
16 vacancy.
17 (2) If the second placed candidate is notified under
18 subclause (1), the second placed candidate may, within
19 5 working days after the day on which they are notified,
20 notify the CEO --
21 (a) that they want to fill the vacancy; and
22 (b) that they consider that they are qualified to be
23 elected to the council under section 2.19.
24 (3) If the second placed candidate notifies the CEO under
25 subclause (2), the second placed candidate is elected to the
26 vacant office on the day after --
27 (a) the day on which the CEO is notified; or
28 (b) if later in the case of a vacancy under
29 section 2.32(b) -- the day on which the resignation
30 takes effect.
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1 (4) Despite subclauses (1) to (3), the vacancy cannot be filled
2 under this clause --
3 (a) if any of the following applies --
4 (i) on the vacancy day, the second placed
5 candidate is a member of the council, unless
6 the vacant office is that of elector mayor or
7 president;
8 (ii) the second placed candidate has died before
9 the vacancy day;
10 (iii) the second placed candidate does not notify
11 the CEO under subclause (2);
12 (iv) the second placed candidate dies before the
13 day on which they are elected under
14 subclause (3);
15 or
16 (b) in any prescribed circumstances.
17 7. Filling of vacancy by third placed candidate
18 (1) This clause applies only if the vacancy cannot be filled
19 under clause 6.
20 (2) Within 15 working days after the vacancy day, the CEO
21 must notify the third placed candidate --
22 (a) that the office has become vacant; and
23 (b) that the third placed candidate may fill the vacancy.
24 (3) If the third placed candidate is notified under subclause (2),
25 the third placed candidate may, within 5 working days after
26 the day on which they are notified, notify the CEO --
27 (a) that they want to fill the vacancy; and
28 (b) that they consider that they are qualified to be
29 elected to the council under section 2.19.
30 (4) If the third placed candidate notifies the CEO under
31 subclause (3), the third placed candidate is elected to the
32 vacant office on the day after --
33 (a) the day on which the CEO is notified; or
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1 (b) if later in the case of a vacancy under
2 section 2.32(b) -- the day on which the resignation
3 takes effect.
4 (5) Despite subclauses (2) to (4), the vacancy cannot be filled
5 under this clause --
6 (a) if any of the following applies --
7 (i) there is no third placed candidate;
8 (ii) on the vacancy day, the third placed
9 candidate is a member of the council, unless
10 the vacant office is that of elector mayor or
11 president;
12 (iii) the third placed candidate has died before
13 the vacancy day;
14 (iv) the third placed candidate does not notify
15 the CEO under subclause (3);
16 (v) the third placed candidate dies before the
17 day on which they are elected under
18 subclause (4);
19 or
20 (b) in any prescribed circumstances.
21 Subdivision 3 -- One office election: 3 or more candidates where
22 former member elected under Schedule 4.1 clause 5
23 8. Application of Subdivision
24 (1) This Subdivision applies if the former member was elected
25 under Schedule 4.1 clause 5.
26 (2) In this Subdivision --
27 continuing candidate --
28 (a) means a candidate in the election who was a
29 continuing candidate under Schedule 4.1 clause 5(8)
30 for the purposes of the last count; but
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1 (b) does not include --
2 (i) the former member; or
3 (ii) a candidate who was elected to a vacant
4 office under Schedule 4.1B clause 4;
5 election means the election at which the former member
6 was elected;
7 last count means the count under Schedule 4.1
8 clause 5(2)(d) on which the former member was elected;
9 second placed candidate, subject to subclauses (3) to (5),
10 means the continuing candidate --
11 (a) who is the only continuing candidate; or
12 (b) who, on the last count, had the highest number of
13 votes of all the continuing candidates;
14 third placed candidate, subject to subclauses (3) to (5),
15 means the continuing candidate who, on the last count, had
16 the second highest number of votes of all the continuing
17 candidates.
18 (3) If 2 or more continuing candidates had the same number of
19 votes on the last count and if the case requires it to be done,
20 lots must be drawn, in accordance with regulations, to
21 determine either or both of the following as the case
22 requires --
23 (a) the continuing candidate who is the second placed
24 candidate;
25 (b) the continuing candidate who is the third placed
26 candidate.
27 (4) If there are no continuing candidates --
28 (a) the candidate in the election who was the last
29 candidate to be excluded under Schedule 4.1
30 clause 5(2)(a) is to be the second placed candidate;
31 and
32 (b) the candidate in the election who was the second
33 last candidate to be excluded under Schedule 4.1
34 clause 5(2)(a) is to be the third placed candidate.
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1 (5) If there is only 1 continuing candidate, the candidate at the
2 election who was the last candidate to be excluded under
3 Schedule 4.1 clause 5(2)(a) is to be the third placed
4 candidate.
5 9. Filling of vacancy by second placed candidate
6 (1) Within 5 working days after the vacancy day, the CEO must
7 notify the second placed candidate --
8 (a) that the office has become vacant; and
9 (b) that the second placed candidate may fill the
10 vacancy.
11 (2) If the second placed candidate is notified under
12 subclause (1), the second placed candidate may, within
13 5 working days after the day on which they are notified,
14 notify the CEO --
15 (a) that they want to fill the vacancy; and
16 (b) that they consider that they are qualified to be
17 elected to the council under section 2.19.
18 (3) If the second placed candidate notifies the CEO under
19 subclause (2), the second placed candidate is elected to the
20 vacant office on the day after --
21 (a) the day on which the CEO is notified; or
22 (b) if later in the case of a vacancy under
23 section 2.32(b) -- the day on which the resignation
24 takes effect.
25 (4) Despite subclauses (1) to (3), the vacancy cannot be filled
26 under this clause --
27 (a) if any of the following applies --
28 (i) on the vacancy day, the second placed
29 candidate is a member of the council, unless
30 the vacant office is that of elector mayor or
31 president;
32 (ii) the second placed candidate has died before
33 the vacancy day;
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1 (iii) the second placed candidate does not notify
2 the CEO under subclause (2);
3 (iv) the second placed candidate dies before the
4 day on which they are elected under
5 subclause (3);
6 or
7 (b) in any prescribed circumstances.
8 10. Filling of vacancy by third placed candidate
9 (1) This clause applies only if the vacancy cannot be filled
10 under clause 9.
11 (2) Within 15 working days after the vacancy day, the CEO
12 must notify the third placed candidate --
13 (a) that the office has become vacant; and
14 (b) that the third placed candidate may fill the vacancy.
15 (3) If the third placed candidate is notified under subclause (2),
16 the third placed candidate may, within 5 working days after
17 the day on which they are notified, notify the CEO --
18 (a) that they want to fill the vacancy; and
19 (b) that they consider that they are qualified to be
20 elected to the council under section 2.19.
21 (4) If the third placed candidate notifies the CEO under
22 subclause (3), the third placed candidate is elected to the
23 vacant office on the day after --
24 (a) the day on which the CEO is notified; or
25 (b) if later in the case of a vacancy under
26 section 2.32(b) -- the day on which the resignation
27 takes effect.
28 (5) Despite subclauses (2) to (4), the vacancy cannot be filled
29 under this clause --
30 (a) if any of the following applies --
31 (i) there is no third placed candidate;
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1 (ii) on the vacancy day, the third placed
2 candidate is a member of the council, unless
3 the vacant office is that of elector mayor or
4 president;
5 (iii) the third placed candidate has died before
6 the vacancy day;
7 (iv) the third placed candidate does not notify
8 the CEO under subclause (3);
9 (v) the third placed candidate dies before the
10 day on which they are elected under
11 subclause (4);
12 or
13 (b) in any prescribed circumstances.
14 Division 4 -- Elections of 2 or more councillors
15 11. Application of Division
16 (1) This Division applies if the former member was elected
17 under Schedule 4.1 Division 3.
18 (2) In this Division --
19 candidate --
20 (a) means a candidate in the election; but
21 (b) does not include a candidate who was elected to a
22 vacant office under Schedule 4.1B clause 5;
23 election means the election at which the former member
24 was elected;
25 first unelected candidate, subject to subclauses (3) to (6),
26 means the unelected candidate --
27 (a) who is the only unelected candidate; or
28 (b) who, when the last office to be filled at the election
29 was filled, had the highest number of votes of all
30 the unelected candidates;
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1 second unelected candidate, subject to subclauses (3) to (6),
2 means the unelected candidate who, when the last office to
3 be filled at the election was filled, had the second highest
4 number of votes of all the unelected candidates;
5 unelected candidate means a candidate who was neither
6 elected nor excluded under Schedule 4.1 Division 3;
7 votes has the meaning given in Schedule 4.1 clause 7.
8 (3) If 2 or more unelected candidates had the same number of
9 votes when the last office to be filled at the election was
10 filled and if the case requires it to be done, subclause (4)
11 must be applied for the purpose of determining either or
12 both of the following as the case requires --
13 (a) the unelected candidate who is the first unelected
14 candidate;
15 (b) the unelected candidate who is the second unelected
16 candidate.
17 (4) For the purposes of subclause (3), the first unelected
18 candidate or the second unelected candidate or both --
19 (a) must be determined by reference to the number of
20 votes that each of the 2 or more unelected
21 candidates referred to in subclause (3) had at the
22 last count or transfer of votes under Schedule 4.1
23 Division 3 at which each of those unelected
24 candidates had a different number of votes; but
25 (b) if there was no such count or transfer -- must be
26 determined by the drawing of lots in accordance
27 with regulations.
28 (5) If there are no unelected candidates --
29 (a) the candidate who was the last candidate to be
30 excluded under Schedule 4.1 clause 11 is to be the
31 first unelected candidate; and
32 (b) the candidate who was the second last candidate to
33 be excluded under Schedule 4.1 clause 11 is to be
34 the second unelected candidate.
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1 (6) If there is only 1 unelected candidate, the candidate who
2 was the last candidate to be excluded under Schedule 4.1
3 clause 11 is to be the second unelected candidate.
4 12. Filling of vacancy by first unelected candidate
5 (1) Within 5 working days after the vacancy day, the CEO must
6 notify the first unelected candidate --
7 (a) that the office has become vacant; and
8 (b) that the first unelected candidate may fill the
9 vacancy.
10 (2) If the first unelected candidate is notified under
11 subclause (1), the first unelected candidate may, within
12 5 working days after the day on which they are notified,
13 notify the CEO --
14 (a) that they want to fill the vacancy; and
15 (b) that they consider that they are qualified to be
16 elected to the council under section 2.19.
17 (3) If the first unelected candidate notifies the CEO under
18 subclause (2), the first unelected candidate is elected to the
19 vacant office on the day after --
20 (a) the day on which the CEO is notified; or
21 (b) if later in the case of a vacancy under
22 section 2.32(b) -- the day on which the resignation
23 takes effect.
24 (4) Despite subclauses (1) to (3), the vacancy cannot be filled
25 under this clause --
26 (a) if any of the following applies --
27 (i) there is no first unelected candidate;
28 (ii) on the vacancy day, the first unelected
29 candidate is a member of the council;
30 (iii) the first unelected candidate has died before
31 the vacancy day;
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1 (iv) the first unelected candidate does not, or
2 cannot because of subclause (5), notify the
3 CEO under subclause (2);
4 (v) the first unelected candidate dies before the
5 day on which they are elected under
6 subclause (3);
7 or
8 (b) in any prescribed circumstances.
9 (5) The first unelected candidate cannot notify the CEO under
10 subclause (2) if the first unelected candidate notifies, or has
11 notified, the CEO under that subclause in relation to another
12 vacancy.
13 13. Filling of vacancy by second unelected candidate
14 (1) This clause applies only if the vacancy cannot be filled
15 under clause 12.
16 (2) Within 15 working days after the vacancy day, the CEO
17 must notify the second unelected candidate --
18 (a) that the office has become vacant; and
19 (b) that the second unelected candidate may fill the
20 vacancy.
21 (3) If the second unelected candidate is notified under
22 subclause (2), the second unelected candidate may, within
23 5 working days after the day on which they are notified,
24 notify the CEO --
25 (a) that they want to fill the vacancy; and
26 (b) that they consider that they are qualified to be
27 elected to the council under section 2.19.
28 (4) If the second unelected candidate notifies the CEO under
29 subclause (3), the second unelected candidate is elected to
30 the vacant office on the day after --
31 (a) the day on which the CEO is notified; or
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1 (b) if later in the case of a vacancy under
2 section 2.32(b) -- the day on which the resignation
3 takes effect.
4 (5) Despite subclauses (2) to (4), the vacancy cannot be filled
5 under this clause --
6 (a) if any of the following applies --
7 (i) there is no second unelected candidate;
8 (ii) on the vacancy day, the second unelected
9 candidate is a member of the council;
10 (iii) the second unelected candidate has died
11 before the vacancy day;
12 (iv) the second unelected candidate does not, or
13 cannot because of subclause (6), notify the
14 CEO under subclause (3);
15 (v) the second unelected candidate dies before
16 the day on which they are elected under
17 subclause (4);
18 or
19 (b) in any prescribed circumstances.
20 (6) The second unelected candidate cannot notify the CEO
21 under subclause (3) if the second unelected candidate
22 notifies, or has notified, the CEO under that subclause in
23 relation to another vacancy.
24 Division 5 -- Former member elected under cl. 6, 9 or 12
25 14. Terms used
26 In this Division --
27 original former member means the person to whose vacant
28 office the former member was elected under clause 6, 9
29 or 12 (as the case requires);
30 original vacancy means the vacancy in the office of the
31 original former member.
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1 15. Former member elected under cl. 6
2 (1) This clause applies if the former member was elected under
3 clause 6.
4 (2) Clause 7 applies in relation to the filling of the vacancy as
5 follows --
6 (a) as if the original vacancy could not be filled under
7 clause 6;
8 (b) as if references to the vacancy day were to the
9 vacancy day in relation to the former member
10 (rather than the original former member);
11 (c) as if the number of working days referred to in
12 subclause (2) were 5;
13 (d) subclause (4)(b) applies --
14 (i) by reference to whether the former
15 member's vacancy is under section 2.32(b)
16 (rather than the original former member's
17 vacancy); and
18 (ii) accordingly, as if the reference to the
19 resignation were to the former member's
20 resignation (rather than that of the original
21 former member).
22 16. Former member elected under cl. 9
23 (1) This clause applies if the former member was elected under
24 clause 9.
25 (2) Clause 10 applies in relation to the filling of the vacancy as
26 follows --
27 (a) as if the original vacancy could not be filled under
28 clause 9;
29 (b) as if references to the vacancy day were to the
30 vacancy day in relation to the former member
31 (rather than the original former member);
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1 (c) as if the number of working days referred to in
2 subclause (2) were 5;
3 (d) subclause (4)(b) applies --
4 (i) by reference to whether the former
5 member's vacancy is under section 2.32(b)
6 (rather than the original former member's
7 vacancy); and
8 (ii) accordingly, as if the reference to the
9 resignation were to the former member's
10 resignation (rather than that of the original
11 former member).
12 17. Former member elected under cl. 12
13 (1) This clause applies if the former member was elected under
14 clause 12.
15 (2) Clause 13 applies in relation to the filling of the vacancy as
16 follows --
17 (a) as if the original vacancy could not be filled under
18 clause 12;
19 (b) as if references to the vacancy day were to the
20 vacancy day in relation to the former member
21 (rather than the original former member);
22 (c) as if the number of working days referred to in
23 subclause (2) were 5;
24 (d) subclause (4)(b) applies --
25 (i) by reference to whether the former
26 member's vacancy is under section 2.32(b)
27 (rather than the original former member's
28 vacancy); and
29 (ii) accordingly, as if the reference to the
30 resignation were to the former member's
31 resignation (rather than that of the original
32 former member).
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1 Division 6 -- Final provisions
2 18. Regulations about notifications and time periods
3 (1) Regulations may make provision in relation to notifications
4 under this Schedule.
5 (2) Without limiting subclause (1), regulations made for the
6 purposes of that subclause may do any of the following --
7 (a) prescribe the form or content of notifications;
8 (b) require notifications to be accompanied by statutory
9 declarations or other prescribed information,
10 documents or items;
11 (c) make provision in relation to the giving of
12 notifications (including by email or other electronic
13 means);
14 (d) provide for the CEO to be able to give local public
15 notice of a vacancy instead of notifying a candidate;
16 (e) prescribe the time at which a candidate or the CEO
17 is taken to be notified, including in cases where --
18 (i) local public notice is given as referred to in
19 paragraph (d); or
20 (ii) the candidate or CEO is not actually
21 notified.
22 (3) Except as otherwise provided in regulations, regulations
23 made for the purposes of subclause (1) apply instead of
24 sections 9.50 to 9.53.
25 (4) Regulations may provide for the extension of any time
26 period provided for in this Schedule.
27 19. Declarations and notices under section 4.77 for purposes
28 of Schedule
29 (1) The requirement under section 4.77 to declare and give
30 notice of the result of an election that was ascertained under
31 Schedule 4.1 clause 4 includes a requirement to declare and
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1 give notice of the following for the purposes of Division 3
2 Subdivision 2 of this Schedule --
3 (a) the second placed candidate;
4 (b) the third placed candidate or that there is no third
5 placed candidate.
6 (2) The requirement under section 4.77 to declare and give
7 notice of the result of an election that was ascertained under
8 Schedule 4.1 clause 5 includes a requirement to declare and
9 give notice of the following for the purposes of Division 3
10 Subdivision 3 of this Schedule --
11 (a) the second placed candidate;
12 (b) the third placed candidate or that there is no third
13 placed candidate.
14 (3) The requirement under section 4.77 to declare and give
15 notice of the result of an election that was ascertained under
16 Schedule 4.1 Division 3 includes a requirement to declare
17 and give notice of the following for the purposes of
18 Division 4 of this Schedule --
19 (a) the first unelected candidate or that there is no first
20 unelected candidate;
21 (b) the second unelected candidate or that there is no
22 second unelected candidate.
23 (4) For the purposes of subclauses (1) to (3), the returning
24 officer must, if necessary, draw lots as required under
25 clause 5(3), 8(3) or 11(4)(b).
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1 Schedule 4.1B -- Filling office of councillor who is
2 elected elector mayor or president
3 [s. 4.8]
4 1. Vacancy caused by councillor becoming elector mayor
5 or president not to be filled by extraordinary election in
6 certain circumstances
7 (1) Subclause (3) applies if --
8 (a) there is an election to fill the office of elector mayor
9 or president (the mayor or president election); and
10 (b) the candidate (the former member) who is elected
11 at the mayor or president election to be the elector
12 mayor or president is a councillor on the council
13 whose office, because of their election, becomes
14 vacant under section 2.32(f); and
15 (c) there is an election (the concurrent election) that
16 has the same election day as the mayor or president
17 election and that is --
18 (i) if the district is not divided into wards -- an
19 election to fill an office or offices of
20 councillor on the council; or
21 (ii) if the district is divided into wards -- an
22 election to fill an office or offices of
23 councillor for the ward for which the former
24 member was a councillor;
25 and
26 (d) the result of the concurrent election is ascertained
27 under Schedule 4.1 clause 2, 4 or 5 or under
28 Schedule 4.1 Division 3.
29 (2) In subclause (1)(c) --
30 election day has the meaning given in section 4.1.
31 (3) The vacancy caused by the former member's election as
32 elector mayor or president must be filled under this
33 Schedule.
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1 (4) Despite subclause (3), regulations may prescribe
2 circumstances in which the vacancy cannot be filled under
3 this Schedule.
4 (5) If the vacancy is filled under this Schedule, the requirement
5 under section 4.77 to declare and give notice of the result of
6 the concurrent election includes a requirement to declare
7 and give notice of the election filling the vacancy.
8 2. Concurrent election ascertained under Schedule 4.1
9 clause 2
10 (1) This clause applies if the result of the concurrent election is
11 ascertained under Schedule 4.1 clause 2.
12 (2) The candidate who is not elected at the concurrent election
13 is elected to the former member's vacant office.
14 3. Concurrent election ascertained under Schedule 4.1
15 clause 4
16 (1) This clause applies if the result of the concurrent election is
17 ascertained under Schedule 4.1 clause 4.
18 (2) The candidate who finishes second in the concurrent
19 election is elected to the former member's vacant office.
20 (3) For the purposes of subclause (2) --
21 (a) the question of which candidate finishes second
22 must be determined by reference to the number of
23 first-preference votes received by each candidate in
24 the concurrent election who is not elected at the
25 concurrent election; and
26 (b) if 2 or more candidates received the same number
27 of first-preference votes and if the case requires it to
28 be done -- the returning officer for the concurrent
29 election must, in accordance with regulations, draw
30 lots to determine the candidate who finishes second.
31 (4) In subclause (3) --
32 first-preference vote has the meaning given in Schedule 4.1
33 clause 1.
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1 4. Concurrent election ascertained under Schedule 4.1
2 clause 5
3 (1) In this clause --
4 continuing candidate means a candidate in the concurrent
5 election who is a continuing candidate under Schedule 4.1
6 clause 5(8) for the purposes of the last count but is not
7 elected;
8 last count means the last count under Schedule 4.1
9 clause 5(2)(d) for the concurrent election;
10 second placed candidate, subject to subclause (4), means
11 the continuing candidate --
12 (a) who is the only continuing candidate; or
13 (b) who, on the last count, had the highest number of
14 votes of all the continuing candidates.
15 (2) This clause applies if the result of the concurrent election is
16 ascertained under Schedule 4.1 clause 5.
17 (3) The second placed candidate is elected to the former
18 member's vacant office.
19 (4) If 2 or more continuing candidates had the same number of
20 votes on the last count and if the case requires it to be done,
21 the returning officer for the concurrent election must, in
22 accordance with regulations, draw lots to determine the
23 continuing candidate who is the second placed candidate.
24 5. Concurrent election ascertained under Schedule 4.1
25 Division 3
26 (1) In this clause --
27 first unelected candidate, subject to subclauses (4) to (6),
28 means the unelected candidate who, when the last office to
29 be filled at the concurrent election is filled --
30 (a) is the only unelected candidate; or
31 (b) has the highest number of votes of all the unelected
32 candidates;
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1 unelected candidate means a candidate in the concurrent
2 election who is neither elected nor excluded under
3 Schedule 4.1 Division 3;
4 votes has the meaning given in Schedule 4.1 clause 7.
5 (2) This clause applies if the result of the concurrent election is
6 ascertained under Schedule 4.1 Division 3.
7 (3) The first unelected candidate is elected to the former
8 member's vacant office.
9 (4) If 2 or more unelected candidates have the same number of
10 votes when the last office to be filled at the concurrent
11 election is filled and if the case requires it to be done, the
12 returning officer for the concurrent election must apply
13 subclause (5) for the purpose of determining the unelected
14 candidate who is the first unelected candidate.
15 (5) For the purposes of subclause (4) --
16 (a) the first unelected candidate must be determined by
17 reference to the number of votes that each of the
18 2 or more unelected candidates referred to in
19 subclause (4) had at the last count or transfer of
20 votes under Schedule 4.1 Division 3 at which each
21 of those unelected candidates had a different
22 number of votes; but
23 (b) if there was no such count or transfer -- the
24 returning officer for the concurrent election must
25 draw lots in accordance with regulations to
26 determine the first unelected candidate.
27 (6) If there are no unelected candidates, the candidate in the
28 concurrent election who was the last candidate to be
29 excluded under Schedule 4.1 clause 11 is to be the first
30 unelected candidate.
31
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1 92. Schedule 4.1 replaced
2 Delete Schedule 4.1 and insert:
3
4 Schedule 4.1 -- How to count votes and ascertain
5 the result of an election
6 [s. 4.74]
7 Division 1 -- Preliminary
8 1. Terms used
9 In this Schedule --
10 first-preference vote --
11 (a) means a vote cast under section 4.69(2); and
12 (b) includes a vote accepted by the returning officer as
13 a first-preference vote under section 4.75(1) or
14 under regulations made for the purposes of
15 section 4.75(3)(a);
16 one office election means an election to fill the office of
17 mayor or president or to fill 1 office of councillor;
18 preference vote --
19 (a) means a vote cast under section 4.69(3); and
20 (b) includes a vote accepted by the returning officer as
21 a preference vote under section 4.75(1) or under
22 regulations made for the purposes of
23 section 4.75(3)(a).
24 Note for this clause:
25 For the purposes of the definitions of first-preference vote
26 and preference vote, see also section 4.73(5) which
27 provides for a ballot paper to be treated as if a numeral
28 indicating a preference had been altered.
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1 Division 2 -- One office elections
2 2. One office election: 2 candidates
3 (1) If there are only 2 candidates in a one office election --
4 (a) the first-preference votes for each candidate must be
5 counted; and
6 (b) the candidate who has the greater number of
7 first-preference votes is elected.
8 (2) If the candidates have the same number of first-preference
9 votes, the returning officer must draw lots in accordance
10 with regulations to determine which candidate is elected.
11 3. One office election: 3 or more candidates
12 Clauses 4 and 5 apply if there are 3 or more candidates in a
13 one office election.
14 4. Count of first-preference votes
15 (1) The first-preference votes for each candidate must be
16 counted.
17 (2) A candidate is elected if the number of first-preference votes
18 for the candidate exceeds 50% of the total number of all the
19 first-preference votes for candidates.
20 5. Process if no candidate elected under clause 4
21 (1) The process in subclause (2) --
22 (a) must be followed if no candidate is elected under
23 clause 4; and
24 (b) as necessary, must be repeated until a candidate is
25 elected under subclause (3).
26 Notes for this subclause:
27 1. Subclauses (4) to (6) supplement subclauses (2) and (3) for
28 cases where candidates have the same number of votes.
29 2. Subclauses (7) and (8) explain how the terms ballot paper
30 and continuing candidate are used in this clause.
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1 (2) The process is as follows --
2 (a) exclude the candidate (the excluded candidate)
3 with --
4 (i) if this process is being followed for the first
5 time -- the fewest first-preference votes; or
6 (ii) if this process is being repeated -- the
7 fewest votes on the last count under
8 paragraph (d);
9 (b) set aside as exhausted any ballot paper of the
10 excluded candidate that contains --
11 (i) no preference votes at all; or
12 (ii) no preference votes for any continuing
13 candidates;
14 (c) transfer any remaining ballot papers of the excluded
15 candidate that indicate the next available preference
16 for a particular continuing candidate to that
17 continuing candidate;
18 (d) count the number of votes for each of the
19 continuing candidates by totalling the following --
20 (i) the number of first-preference votes for the
21 continuing candidate;
22 (ii) if this process is being followed for the first
23 time -- the total number of ballot papers
24 transferred to the continuing candidate
25 under paragraph (c);
26 (iii) if this process is being repeated -- the total
27 number of ballot papers transferred to the
28 continuing candidate under paragraph (c) on
29 this or a previous occasion.
30 (3) A continuing candidate is elected if, on a count under
31 subclause (2)(d), the number of votes for the continuing
32 candidate exceeds 50% of the total number of all the votes
33 for continuing candidates.
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1 (4) Subclause (6) applies if subclause (2)(a) cannot otherwise be
2 applied because, as the case requires --
3 (a) 2 or more candidates have the same number of
4 first-preference votes (no other candidates having
5 fewer first-preference votes); or
6 (b) 2 or more candidates have the same number of
7 votes on the last count under subclause (2)(d) (no
8 other candidates having fewer votes).
9 (5) Subclause (6) also applies if subclause (3) cannot otherwise
10 be applied because --
11 (a) there are only 2 continuing candidates in a count
12 under subclause (2)(d); and
13 (b) on the count, the continuing candidates have the
14 same number of votes.
15 (6) The returning officer must draw lots in accordance with
16 regulations to determine, as the case requires --
17 (a) the candidate to be excluded; or
18 (b) the continuing candidate to be elected.
19 (7) For the purposes of the process in subclause (2), a ballot
20 paper is a ballot paper of the excluded candidate if either of
21 the following applies --
22 (a) the ballot paper contains a first-preference vote for
23 the excluded candidate;
24 (b) the process is being repeated and the ballot paper
25 was transferred to the excluded candidate under
26 subclause (2)(c) on a previous occasion.
27 (8) For the purposes of the process in subclause (2), a
28 continuing candidate is a candidate to whom neither of the
29 following applies --
30 (a) the candidate is the excluded candidate;
31 (b) the process is being repeated and the candidate was
32 excluded under subclause (2)(a) on a previous
33 occasion.
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s. 92
1 Division 3 -- Elections for 2 or more councillors
2 Subdivision 1 -- Preliminary
3 6. Application of Division
4 This Division applies to an election that is not a one office
5 election.
6 7. Terms used
7 In this Division --
8 ballot paper, of a candidate, means a first-preference ballot
9 paper, or a transferred ballot paper, of the candidate;
10 continuing candidate means a candidate who has not
11 already been elected or excluded under this Division;
12 first-preference ballot paper, of a candidate, means a ballot
13 paper that contains a first-preference vote for the candidate;
14 quota means the quota determined under clause 8;
15 surplus votes, for a candidate who has been elected under
16 this Division, means the votes for the candidate in excess of
17 the quota (if any);
18 transferred ballot paper, of a candidate, means a ballot
19 paper that has been transferred to the candidate under this
20 Division;
21 transfer value, in relation to a ballot paper -- see
22 clauses 9(3)(a), 10(3)(b) and 11(3)(b) and (4)(c);
23 votes, for a candidate, means --
24 (a) the first-preference votes for the candidate; and
25 (b) the preference votes for the candidate as added (at
26 the applicable transfer value) to the votes for the
27 candidate under clause 9(3)(c), 10(3)(c)(iv) or
28 11(3)(b) or (4)(d).
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1 Subdivision 2 -- Counting and transferring votes
2 Note for this Subdivision:
3 Subdivision 3 contains provisions that explain how certain
4 things are to be done under this Subdivision and that
5 otherwise supplement this Subdivision.
6 8. Count of first-preference votes and determination of
7 quota
8 (1) The first-preference votes for each candidate must be
9 counted.
10 (2) A quota must then be determined in accordance with
11 subclauses (3) and (4).
12 (3) Divide amount A by amount B, where --
13 (a) amount A is the total number of all the
14 first-preference votes for candidates; and
15 (b) amount B is the number of offices to be filled
16 plus 1.
17 (4) The quota is the resulting number (disregarding any
18 remainder) plus 1.
19 (5) A candidate is elected if the number of first-preference votes
20 for the candidate is equal to, or exceeds, the quota.
21 (6) Go to clause 9 if 1 or more, but not all, of the offices are
22 filled under this clause.
23 (7) Go to clause 11 if none of the offices is filled under this
24 clause.
25 9. Transfer of surplus votes (1)
26 (1) In this clause --
27 elected candidate means a candidate elected under clause 8.
28 (2) This clause applies if 1 or more, but not all, of the offices
29 are filled under clause 8.
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1 (3) The surplus votes for each elected candidate who has
2 surplus votes must be transferred to the continuing
3 candidates as follows --
4 (a) determine the transfer value that applies to each
5 first-preference ballot paper of the elected
6 candidate, being the fraction calculated by dividing
7 amount C by amount D, where --
8 (i) amount C is the number of surplus votes for
9 the elected candidate; and
10 (ii) amount D is the number of first-preference
11 votes for the elected candidate;
12 (b) multiply, by the transfer value, the number of
13 first-preference ballot papers of the elected
14 candidate that indicate the next available preference
15 for a particular continuing candidate;
16 (c) add the resulting number (disregarding any fraction)
17 to the votes for that continuing candidate;
18 (d) transfer the ballot papers referred to in
19 paragraph (b) to that continuing candidate.
20 (4) A continuing candidate is elected if, on the completion of a
21 transfer under this clause of the surplus votes for an elected
22 candidate, the number of votes for the continuing candidate
23 is equal to, or exceeds, the quota.
24 (5) Go to clause 10 if 1 or more, but not all, of the remaining
25 offices are filled under this clause.
26 (6) Go to clause 11 if none of the remaining offices is filled
27 under this clause.
28 10. Transfer of surplus votes (2)
29 (1) In this clause --
30 elected candidate means a candidate elected under clause 9,
31 this clause or clause 11.
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1 (2) This clause applies --
2 (a) if 1 or more, but not all, of the remaining offices are
3 filled under clause 9; and
4 (b) as otherwise provided under clause 11(7).
5 (3) The surplus votes for each elected candidate who has
6 surplus votes must be transferred to the continuing
7 candidates as follows --
8 (a) determine the surplus fraction for the elected
9 candidate, being the fraction calculated by dividing
10 amount E by amount F, where --
11 (i) amount E is the number of surplus votes for
12 the elected candidate; and
13 (ii) amount F is the number of votes for the
14 elected candidate;
15 (b) determine the transfer value that applies to each
16 ballot paper of the elected candidate, being --
17 (i) if the ballot paper is a first-preference ballot
18 paper of the elected candidate -- the
19 surplus fraction; or
20 (ii) if the ballot paper is a transferred ballot
21 paper of the elected candidate -- the
22 fraction calculated by multiplying the
23 surplus fraction by the transfer value that
24 applied to the ballot paper when the ballot
25 paper was transferred to the elected
26 candidate;
27 (c) do the following --
28 (i) identify the ballot papers of the elected
29 candidate that indicate the next available
30 preference for a particular continuing
31 candidate;
32 (ii) take the number of those ballot papers to
33 which a particular transfer value applies;
34 (iii) multiply that number by that transfer value;
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1 (iv) add the resulting number (disregarding any
2 fraction) to the votes for that continuing
3 candidate;
4 (v) transfer the ballot papers referred to in
5 subparagraph (ii) to that continuing
6 candidate.
7 (4) A continuing candidate is elected if, on the completion of a
8 transfer under this clause of the surplus votes for an elected
9 candidate, the number of votes for the continuing candidate
10 is equal to, or exceeds, the quota.
11 (5) Go, or go back, to clause 11 if not all of the remaining
12 offices are filled under this clause.
13 11. Exclusion of candidates
14 (1) This clause applies if, after the counting of first-preference
15 votes or the transfer of surplus votes (if any) under clauses 8
16 to 10, 1 or more of the offices remain unfilled as referred to
17 in clause 8(7), 9(6) or 10(5).
18 (2) The candidate with the fewest votes is excluded.
19 (3) If there are first-preference votes for the excluded candidate,
20 the first-preference votes must be transferred to the
21 continuing candidates as follows --
22 (a) take the number of first-preference ballot papers of
23 the excluded candidate that indicate the next
24 available preference for a particular continuing
25 candidate;
26 (b) add that number to the votes for that continuing
27 candidate (the transfer value that applies to each of
28 those ballot papers being 1);
29 (c) transfer those ballot papers to that continuing
30 candidate.
31 (4) If there are preference votes for the excluded candidate, the
32 preference votes must be transferred to the continuing
33 candidates as follows in the order of the transfers on which
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1 the excluded candidate received them, the preference votes
2 received on the earliest transfer being transferred first --
3 (a) identify the transferred ballot papers of the excluded
4 candidate that were transferred to the excluded
5 candidate from a particular candidate;
6 (b) take the number of those ballot papers that indicate
7 the next available preference for a particular
8 continuing candidate;
9 (c) multiply that number by the transfer value that
10 applies to the ballot papers referred to in
11 paragraph (b), being the transfer value that applied
12 to the ballot papers when the ballot papers were
13 transferred to the excluded candidate;
14 (d) add the resulting number (disregarding any fraction)
15 to the votes for that continuing candidate;
16 (e) transfer the ballot papers referred to in
17 paragraph (b) to that continuing candidate.
18 (5) If there are both first-preference votes and preference votes
19 for the excluded candidate, the first-preference votes must
20 be transferred under subclause (3) before the preference
21 votes are transferred under subclause (4).
22 (6) A continuing candidate is elected if, on the completion of a
23 transfer under this clause of votes for an excluded candidate,
24 the number of votes for the continuing candidate is equal to,
25 or exceeds, the quota.
26 (7) If there are surplus votes for that candidate and 1 or more
27 offices remain unfilled, the surplus votes must be transferred
28 under clause 10, but not before all the votes for the excluded
29 candidate that remain to be transferred (if any) have been
30 transferred to continuing candidates.
31 (8) If, after the transfer under this clause of all the votes for an
32 excluded candidate, no candidate is elected under
33 subclause (6) with a number of votes that exceeds the quota
34 and 1 or more offices remain unfilled --
35 (a) the continuing candidate with the fewest votes is
36 excluded; and
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1 (b) that candidate's votes must be transferred under
2 subclauses (3) to (5).
3 Subdivision 3 -- Supplementary provisions
4 12. No further transfers to elected candidates
5 (1) If a candidate is elected under clause 9 or 10 on the
6 completion of a transfer under clause 9 or 10 of the surplus
7 votes for a candidate, no surplus votes for any other
8 candidate may be transferred to the candidate so elected.
9 (2) If a candidate is elected under clause 11 on the completion
10 of a transfer under clause 11 of votes for an excluded
11 candidate, no other votes for the excluded candidate may be
12 transferred to the candidate so elected.
13 13. Filling last office
14 (1) This clause applies, despite any other provision of this
15 Division, to the last office to be filled if there are only 2
16 continuing candidates left.
17 (2) The candidate with the greater number of votes is elected
18 even if that number is less than the quota.
19 (3) If the candidates have the same number of votes, the
20 returning officer must draw lots in accordance with
21 regulations to determine which candidate is elected.
22 14. No need for further transfers of votes if number of
23 continuing candidates equals number of vacancies
24 Despite any other provision of this Division, if the number
25 of continuing candidates is equal to the number of
26 remaining unfilled offices, those candidates are elected.
27 15. Order of transfers of surpluses
28 (1) If, after any count or transfer under this Division, 2 or more
29 candidates have surplus votes, the order of any transfers of
30 the surplus votes of those candidates is to be in accordance
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1 with the relative sizes of the surpluses, the larger or largest
2 surplus being transferred first.
3 (2) If 2 or more of the candidates referred to in subclause (1)
4 have equal surpluses --
5 (a) the order of any transfers of the surplus votes of
6 those candidates is to be in accordance with the
7 relative numbers of votes of those candidates at the
8 last count or transfer at which each of those
9 candidates had a different number of votes, the
10 surplus of the candidate with the larger or largest
11 number of votes at that count or transfer being
12 transferred first; but
13 (b) if there has been no such count or transfer -- the
14 returning officer must draw lots in accordance with
15 regulations to determine which candidate is, as
16 between those candidates, taken to have had the
17 larger or largest surplus.
18 (3) Despite subclauses (1) and (2), if a candidate is elected on
19 the completion of a transfer under this Division (the later
20 transfer), the surplus votes for the candidate must not be
21 transferred before the transfer of the surplus votes for any
22 other candidate who was elected before the later transfer.
23 16. Procedure to determine excluded candidates if votes
24 equal
25 (1) This clause applies if --
26 (a) the continuing candidate with the fewest votes is to
27 be excluded under clause 11(2) or (8); and
28 (b) 2 or more continuing candidates (the tied
29 candidates) have an equal number of votes (no
30 other continuing candidate having fewer votes).
31 (2) Whichever of the tied candidates had the fewer or fewest
32 votes at the last count or transfer at which each of the tied
33 candidates had a different number of votes is excluded.
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1 (3) If there has been no such count or transfer, the returning
2 officer must draw lots in accordance with regulations to
3 determine which of the tied candidates is excluded.
4 17. Setting aside ballot papers as finally dealt with or
5 exhausted
6 (1) If a candidate is elected under this Division with a number
7 of votes equal to the quota, all the ballot papers of that
8 candidate must be set aside as finally dealt with.
9 (2) Subclause (3) applies to any ballot paper of a candidate who
10 is elected under this Division with a number of votes in
11 excess of the quota.
12 (3) The ballot paper must be set aside as exhausted if the ballot
13 paper contains --
14 (a) no preference votes at all; or
15 (b) no preference vote for any continuing candidate.
16 18. Transfers to be treated separately
17 Each of the following constitutes a separate transfer for the
18 purposes of this Division --
19 (a) a transfer under clause 9 or 10 of all the surplus
20 votes for an elected candidate;
21 (b) a transfer under clause 11(3) of all the
22 first-preference votes for an excluded candidate;
23 (c) a transfer under clause 11(4) of all the preference
24 votes for an excluded candidate that were
25 transferred to the excluded candidate from a
26 particular candidate.
27
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1 93. Schedule 4.2 clause 6 amended
2 In Schedule 4.2 clause 6:
3 (a) delete "declared elected by the returning officer," and
4 insert:
5
6 elected,
7
8 (b) delete "declared elected unopposed," and insert:
9
10 elected unopposed,
11
12 (c) after "lots" insert:
13
14 in accordance with regulations
15
16 94. Schedule 4.2 clause 7 amended
17 In Schedule 4.2 clause 7:
18 (a) delete "declared elected by the returning officer," and
19 insert:
20
21 elected,
22
23 (b) delete "declared elected unopposed," and insert:
24
25 elected unopposed,
26
27 (c) after "lots" insert:
28
29 in accordance with regulations
30
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1 95. Schedule 4.2 clauses 7A and 7B inserted
2 After Schedule 4.2 clause 7 insert:
3
4 7A. For the purposes of clauses 6 and 7 --
5 (a) if 2 or more councillors were elected under
6 Schedule 4.1 clause 8(5) --
7 (i) the order of their election is to be
8 determined by reference to the number of
9 first-preference votes that each had, with
10 the councillor having the highest number of
11 first-preference votes being regarded as
12 having been elected first and so on; and
13 (ii) if 2 or more of those councillors had the
14 same number of first-preference votes --
15 the returning officer must draw lots in
16 accordance with regulations to determine
17 the order in which the councillors with the
18 same number of first-preference votes were
19 elected;
20 and
21 (b) if 2 or more councillors were elected under
22 Schedule 4.1 clause 9(4), 10(4) or 11(6) on the
23 completion of the same transfer of votes --
24 (i) the order of their election is to be
25 determined by reference to the number of
26 votes that each had on the completion of
27 that transfer, with the councillor having the
28 highest number of votes being regarded as
29 having been elected first and so on; and
30 (ii) if 2 or more of those councillors had the
31 same number of votes on the completion of
32 that transfer -- clause 7B applies for the
33 purpose of determining the order in which
34 the councillors with the same number of
35 votes were elected;
36 and
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1 (c) if 2 or more councillors were elected under
2 Schedule 4.1 clause 14 --
3 (i) the order of their election is to be
4 determined by reference to the number of
5 votes that each had when they were elected,
6 with the councillor having the highest
7 number of votes being regarded as having
8 been elected first and so on; and
9 (ii) if 2 or more of those councillors had the
10 same number of votes when they were
11 elected -- clause 7B applies for the purpose
12 of determining the order in which the
13 councillors with the same number of votes
14 were elected;
15 and
16 (d) if section 4.73(3)(b) applies --
17 (i) the order of the election of the councillors
18 who are elected unopposed is to be
19 determined by reference to the number of
20 first-preference votes that each had (after
21 any alterations required under
22 section 4.73(5)(a)), with the councillor
23 having the highest number of
24 first-preference votes being regarded as
25 having been elected first and so on; and
26 (ii) if 2 or more of those councillors had the
27 same number of first-preference votes (after
28 any alterations required under
29 section 4.73(5)(a)) -- the returning officer
30 must draw lots in accordance with
31 regulations to determine the order in which
32 the councillors with the same number of
33 first-preference votes were elected.
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1 7B. For the purposes of clause 7A(b)(ii) and (c)(ii), the order in
2 which the councillors with the same number of votes were
3 elected --
4 (a) is to be determined by reference to the votes that
5 each had on the completion of the last count or
6 transfer of votes under Schedule 4.1 Division 3 at
7 which each had a different number of votes, with
8 the councillor having the highest number of votes
9 being regarded as having been elected first and so
10 on; but
11 (b) if there was no such count or transfer -- is to be
12 determined by the returning officer drawing lots in
13 accordance with regulations.
14
15 96. Schedule 4.2 clause 8 amended
16 In Schedule 4.2 clause 8:
17 (a) delete "votes" (each occurrence) and insert:
18
19 first-preference votes
20
21 (b) in paragraph (b) after "lots" insert:
22
23 in accordance with regulations
24
25 97. Schedule 4.2 clause 9 amended
26 In Schedule 4.2 clause 9(a) after "lots" insert:
27
28 in accordance with regulations
29
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s. 98
1 98. Schedule 4.2 clause 10 inserted
2 At the end of Schedule 4.2 insert:
3
4 10. In this Schedule --
5 first-preference vote has the meaning given in Schedule 4.1
6 clause 1;
7 votes has the meaning given in Schedule 4.1 clause 7.
8
9 99. Schedule 9.3 Division 6 inserted
10 At the end of Schedule 9.3 insert:
11
12 Division 6 -- Provisions for Local Government Amendment
13 Act 2023
14 57. Term used: 2023 amendment Act
15 In this Division --
16 2023 amendment Act means the Local Government
17 Amendment Act 2023.
18 58. Continued application of repealed provisions relating to
19 membership and size of councils
20 (1) In this clause --
21 amendment day means the day on which section 13 of the
22 2023 amendment Act comes into operation;
23 transitional time, in relation to a local government, means
24 any time that falls --
25 (a) on or after amendment day; and
26 (b) before --
27 (i) an order has been made under
28 section 2.16B, as inserted by section 13 of
29 the 2023 amendment Act, specifying an
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s. 99
1 estimate of the district's population for the
2 first time; and
3 (ii) the provision made by the order under
4 section 2.16B(1)(b) in respect of the
5 specified estimate has taken effect in
6 accordance with the provision made under
7 section 2.16B(2).
8 (2) Despite the amendment made by section 13 of the
9 2023 amendment Act, section 2.17, as in force immediately
10 before amendment day, continues to apply in relation to a
11 local government at all transitional times.
12 (3) This clause does not apply to the City of Perth.
13 59. Transitional orders relating to constitution of local
14 government
15 (1) In this clause --
16 amendment day means the day on which section 16 of the
17 2023 amendment Act comes into operation;
18 election has the meaning given in section 4.1;
19 election day, in relation to a local government, means --
20 (a) an ordinary election day for the local government;
21 or
22 (b) any other day --
23 (i) that is fixed under this Act for the holding
24 of any poll needed for an election for the
25 local government (whether or not any poll
26 is actually held); and
27 (ii) that is no later than 4 years after amendment
28 day;
29 ordinary election day, in relation to a local government,
30 means a day --
31 (a) that is fixed under this Act for the holding of any
32 polls needed for ordinary elections for the local
33 government (whether or not any polls are actually
34 held); and
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1 (b) that is no later than 4 years after amendment day.
2 (2) The Governor may, by order (a transitional order), do
3 anything authorised under this clause.
4 (3) A transitional order may abolish all of the wards in a district
5 on an election day for the local government.
6 (4) A transitional order may specify --
7 (a) the number of offices of councillor that a council is
8 to have on and from an election day for the local
9 government; and
10 (b) if relevant -- the number of offices of councillor
11 that each ward in the district is to have on and from
12 the election day.
13 (5) A transitional order --
14 (a) may specify --
15 (i) the number of offices of councillor that a
16 council is to have on and from an election
17 day for the local government until a
18 subsequent election day for the local
19 government; and
20 (ii) if relevant -- the number of offices of
21 councillor that each ward in the district is to
22 have on and from the election day until the
23 subsequent election day;
24 and
25 (b) may specify --
26 (i) the number of offices of councillor that the
27 council is to have on and from the
28 subsequent election day; and
29 (ii) if relevant --the number of offices of
30 councillor that each ward in the district is to
31 have on and from the subsequent election
32 day.
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1 (6) Any provision made under subclause (5)(a) has effect
2 despite section 2.17 or 2.17A as inserted by section 13 of
3 the 2023 amendment Act.
4 (7) A transitional order may provide for this Act to apply as if
5 the Table to section 2.28 provided for the terms of all
6 councillors on a council, or of all councillors on a council
7 for a ward, to end on an ordinary election day for the local
8 government.
9 (8) If provision is made under subclause (7) --
10 (a) the ordinary elections are to be held accordingly for
11 the purpose of filling all offices of councillor or of
12 councillor for the ward (as the number of those
13 offices may be increased or decreased on the
14 ordinary election day by provision made under
15 subclause (4) or (5)); and
16 (b) item 4A in the Table to section 2.28, as inserted by
17 section 19(3) of the 2023 amendment Act, applies
18 to a councillor elected at the ordinary elections as if
19 the provision made under subclause (7) were a
20 provision made by a change order under
21 section 2.18A(8) as inserted by section 16 of the
22 2023 amendment Act.
23 (9) A transitional order does not prevent an order being
24 subsequently made under Part 2 in relation to a local
25 government or district.
26 (10) The Interpretation Act 1984 section 42 applies to a
27 transitional order as if the transitional order were regulations
28 made under this Act.
29 60. Enrolment eligibility claims
30 (1) Despite the amendment made by section 30(1) of the
31 2023 amendment Act, section 4.32(2) to (4), as in force
32 immediately before the day on which section 30(1) of the
33 2023 amendment Act comes into operation, continue to
34 apply on and after that day to enrolment eligibility claims
35 made before that day.
page 124
Local Government Amendment Bill 2023
Local Government Act 1995 amended Part 2
s. 99
1 (2) Section 4.33(1A)(a), as inserted by section 31(1) of the
2 2023 amendment Act, does not apply to enrolment
3 eligibility claims made before the day on which
4 section 31(1) of the 2023 amendment Act comes into
5 operation.
6 61. Electors' special meetings
7 (1) In this clause --
8 amendment day means the day on which section 60 of the
9 2023 amendment Act comes into operation.
10 (2) The amendment made by section 60(1) of the
11 2023 amendment Act does not affect the requirement to
12 hold a special meeting on a request made before amendment
13 day.
14 (3) Section 5.28(5), as inserted by section 60(2) of the
15 2023 amendment Act, does not apply if the request for the
16 special meeting is made before amendment day.
17 62. Transitional regulations
18 (1) In this clause --
19 specified means specified or described in regulations made
20 for the purposes of subclause (2);
21 transitional matter --
22 (a) means a matter or issue of a transitional nature that
23 arises as a result of any of the amendments to this
24 Act, or to any other written law, made by the
25 2023 amendment Act; and
26 (b) includes a saving or application matter.
27 (2) Regulations may prescribe anything required, necessary or
28 convenient to be prescribed in relation to a transitional
29 matter.
page 125
Local Government Amendment Bill 2023
Part 2 Local Government Act 1995 amended
s. 99
1 (3) Without limiting subclause (2), regulations made for the
2 purposes of that subclause may provide that specified
3 provisions of this Act or any other written law --
4 (a) do not apply to, or in relation to, a specified matter
5 or thing; or
6 (b) apply with specified modifications to, or in relation
7 to, a specified matter or thing.
8
page 126
Local Government Amendment Bill 2023
Other written laws amended Part 3
City of Perth Act 2016 amended Division 1
s. 100
1 Part 3 -- Other written laws amended
2 Division 1 -- City of Perth Act 2016 amended
3 100. Act amended
4 This Division amends the City of Perth Act 2016.
5 101. Section 20 amended
6 After section 20(2) insert:
7
8 (3) The Local Government Act 1995 Schedule 4.1A
9 applies to the office of Lord Mayor.
10 Note for this subsection:
11 The Local Government Act 1995 Schedule 4.1A sets out
12 how a vacancy in the office of an elector mayor or president
13 (as defined in section 1.4 of that Act) is to be filled in certain
14 circumstances.
15
16 Division 2 -- Local Government Amendment (Auditing) Act 2017
17 amended
18 102. Act amended
19 This Division amends the Local Government Amendment
20 (Auditing) Act 2017.
21 103. Section 2 amended
22 (1) In section 2 delete "This Act" and insert:
23
24 (1) This Act
25
page 127
Local Government Amendment Bill 2023
Part 3 Other written laws amended
Division 3 Salaries and Allowances Act 1975 amended
s. 104
1 (2) At the end of section 2 insert:
2
3 (2) Despite subsection (1)(c), if the Local Government
4 Amendment Act 2023 section 67 comes into operation
5 on or before the day fixed by proclamation under
6 section 22(2), section 7(2) --
7 (a) does not come into operation; and
8 (b) is deleted when the Local Government
9 Amendment Act 2023 section 67 comes into
10 operation.
11
12 Division 3 -- Salaries and Allowances Act 1975 amended
13 104. Act amended
14 This Division amends the Salaries and Allowances Act 1975.
15 105. Section 7BAA inserted
16 After section 7B insert:
17
18 7BAA. Determinations as to fees and allowances of
19 members of local government committees
20 (1) In this section --
21 committee member has the meaning given in the Local
22 Government Act 1995 section 5.100(1).
23 (2) The Tribunal must, from time to time as provided by
24 this Act, inquire into and determine --
25 (a) the amount of fees, or the minimum and
26 maximum amounts of fees, to be paid under the
27 Local Government Act 1995 to committee
28 members for attendance at meetings; and
page 128
Local Government Amendment Bill 2023
Other written laws amended Part 3
Salaries and Allowances Act 1975 amended Division 3
s. 106
1 (b) the amount of expenses, or the minimum and
2 maximum amounts of expenses, to be
3 reimbursed under the Local Government
4 Act 1995 to committee members.
5 (3) Section 6(2) and (3) apply to a determination under this
6 section.
7
8 106. Section 8 amended
9 After section 8(1)(d) insert:
10
11 (da) not more than a year elapses between one
12 determination under section 7BAA(2) and
13 another; and
14
15 107. Section 10 amended
16 In section 10(4)(c):
17 (a) in subparagraph (ii) delete "7B;" and insert:
18
19 7B; or
20
21 (b) after subparagraph (ii) insert:
22
23 (iii) the fees and expenses to be paid to
24 committee members referred to in
25 section 7BAA;
26
page 129
Local Government Amendment Bill 2023
Part 3 Other written laws amended
Division 4 Waste Avoidance and Resource Recovery Act 2007 amended
s. 108
1 Division 4 -- Waste Avoidance and Resource Recovery Act 2007
2 amended
3 108. Act amended
4 This Division amends the Waste Avoidance and Resource
5 Recovery Act 2007.
6 109. Section 40 amended
7 (1) Delete section 40(1) and insert:
8
9 (1) In this section --
10 council plan means a council plan under the Local
11 Government Act 1995 section 5.56.
12
13 (2) In section 40(2) and (4) delete "its plan for the future" and
14 insert:
15
16 a council plan
17
18 (3) In section 40(5) delete "plan for the future." and insert:
19
20 council plan.
21
22 110. Section 42 amended
23 In section 42(2) delete "plan for the future" and insert:
24
25 council plan
26
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