Queensland Bills Explanatory Notes Queensland Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
1
Local Government Amendment Bill 2002
LOCAL GOVERNMENT AMENDMENT
BILL 2002
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the legislation
The Bill provides for amendments to the Local Government Act 1993
(LGA) to:
· establish a new procedure for initiating the review of internal
local government electoral boundaries; and
· change the local government electoral procedures to facilitate the
effective conduct of local government elections.
Reasons for the Bill
The Department regularly evaluates the workability of the LGA's
electoral provisions to ensure it remains an up-to-date legislative
framework that provides for an efficient, effective, and accountable local
government system.
Following the March 2000 local government quadrennial elections, a
discussion paper was circulated among all local governments, peak bodies
and others with an interest in the local government system. The paper was
designed to provide the basis for public consultation and to stimulate
discussion. A number of issues emerged, some of which did not require
legislative change and were resolved through administrative action. Other
issues are to receive further consideration and it is not proposed that they
be resolved by means of legislation amendment at this time.
Legislative amendments have been developed to establish a new
procedure for initiating the review of internal local government electoral
boundaries, and to change the local government electoral procedures to
facilitate the effective conduct of local government elections.
2
Local Government Amendment Bill 2002
Achievement of the policy objectives
Procedure for initiating a review of internal local government electoral
boundaries
In order to reflect the principle of one-vote, one-value, each electoral
division of a divided local government area (including the City of
Brisbane) must remain within an acceptable margin of allowance of the
quota of electors required to elect a councillor. Procedures under the
current law for giving effect to this requirement can trigger frequent
redistributions if the divided local government areas have uneven patterns
of population change.
Any system for triggering redistributions must continue to be based on
the one-vote, one-value principle. However, there is a case for local
government divisional arrangements that are developed consistently with
the one-vote, one-value principle to be retained for two local government
terms, that is, for eight years.
The Bill establishes a new procedure for initiating a review of internal
local government electoral boundaries (including ward boundaries in the
City of Brisbane) based on the approach applied at the State level for
redistributions of State electoral boundaries under the Electoral Act 1992
(EA). The new model introduces an eight-year revolving cycle. The
redistributions that occurred for the March 2000 local government
elections are taken to be the start of this new process. At the four-year point
in the cycle (that is. after one local government term) one third or more
divisions within a local government area must be outside the margin of
allowance before a redistribution is triggered. At the eight-year point in the
cycle (that is, after two local government terms) if any one division is
outside the margin of allowance a redistribution is triggered. The cycle will
then repeat, so that the one third rule will apply for the 2004 local
government elections, the one division or more rule for the 2008 elections,
the one third rule for the 2012 elections and the one division or more for
the 2016 elections and so on.
The Electoral Commission of Queensland has indicated it considers the
proposal workable and an appropriate way of adapting the principles of the
EA model to the local government context.
3
Local Government Amendment Bill 2002
Changes to the electoral procedures to facilitate the effective conduct
of local government elections
The method for resolution of a tied vote for candidates
Under the current law, a tied vote at a local government election (other
than for Brisbane City Council) is resolved by the returning officer (RO)
exercising a casting vote. The procedure is designed to settle the matter as
soon as possible to enable the newly elected council to take office. Under
the LGA, a newly elected council cannot take office until all election
results have been declared.
The LGA does not provide guidance on how the casting vote should be
determined. Consequently, some ROs make a deliberative vote while
others have determined the successful candidate by drawing lots.
The amendment provides for resolution of a tied vote by drawing lots.
Applying for and making declaration votes before polling day
Although the LGA provides that voters can make a declaration vote
before polling day at any place the RO decides, currently they can only
apply for a declaration vote at the public office of the local government.
The amendment enables voters to apply for, and make, a declaration vote at
any place the RO decides.
Ability for ROs who are electors to vote in local government elections
Section 334(2) of the LGA prohibits an RO who is also an elector from
voting in a local government election. The amendment to the method for
the resolution of tied votes provides that a tied vote must be resolved by
drawing lots rather than the RO exercising a casting vote. Consequently,
ROs will not be required to exercise a deliberative vote and there is no
reason why ROs who are electors should not vote in local government
elections.
Alternatives to the Bill
There are no alternatives considered appropriate for achieving these
policy objectives.
4
Local Government Amendment Bill 2002
Estimated cost of implementation
The costs to Government of implementing the provisions of the Bill will
be administrative in nature and will not be significant. Costs will be met
within existing budgetary allocations.
The new procedures for initiating the review of internal local
government electoral boundaries could result in some savings for the State
Government if the result is a reduction in the number of redistributions to
be undertaken by Local Government Electoral and Boundaries Review
Commissions.
Consistency with fundamental legislative principles
The Bill does not infringe fundamental legislative principles.
Consultation
In June 2000, a Departmental discussion paper inviting comment on
several electoral issues was released to all local governments, peak bodies
and others with an interest in the local government system. After
submissions in response to the issues covered in the discussion paper were
assessed, legislative amendments in relation to some issues were developed
in a draft Local Government Amendment Bill 2002.
Consultation was undertaken on all provisions of the Bill with relevant
State agencies, including:
· Department of Justice and Attorney-General
· Department of the Premier and Cabinet
· Electoral Commission of Queensland
· Office of the Queensland Parliamentary Counsel
· Department of Primary Industries (Office of Rural Communities)
· Department of Employment and Training (Employment
Taskforce)
· Treasury Department
· Ministerial Policy Committee
Local government representative bodies, relevant local governments,
relevant professional associations, community groups and members of the
public were also consulted.
5
Local Government Amendment Bill 2002
These people and organisations were again invited to comment in April
2002 when the Department released a consultation kit inviting public
comment on the provisions of the draft Bill. Widespread publicity about
where to find the information and how to respond to it was disseminated on
the internet, by e-mail, post and advertisement in The Courier Mail.
The following people and organisations were sent the consultation kit,
comprising a consultation paper and the draft Local Government
Amendment Bill 2002:
· Chief executive officers of councils
· Members of State Parliament
· Executive Director, Local Government Managers Association
· Executive Director, Local Government Association of
Queensland (LGAQ)
· Office of the Ombudsman
· Councils clerks, Aboriginal Community Councils
· Registered officer, Liberal Party of Australia (Queensland
Division)
· Registered officer, Australian Labor Party (State of Queensland)
· Registered officer, Australian Democrats (Queensland Division)
· Registered officer, City Country Alliance, Queensland
· Key Centre for Ethic, Law, Justice and Governance, Griffith
University
· School of Management, Queensland University of Technology
· School of Management, University of Queensland
· Executive Director, Aboriginal Co-ordinating Council
· Secretary, Island Co-ordinating Council
· Electoral Commission of Queensland
· Department of Justice and Attorney-General
· Department of the Premier and Cabinet
· Legal, Constitutional and Administrative Review Committee
· Department of Aboriginal and Torres Strait Islander Policy
6
Local Government Amendment Bill 2002
A total of 23 submissions were received in response to the consultation
kit. Of these, 15 were from councils (including a submission from the Lord
Mayor of Brisbane), five were from Members of State Parliament, and the
remaining three were from the LGAQ, the Redland Senior Action Group,
and a local government consultant and experienced returning officer.
While responses have confirmed there is general support for the
provisions of the Bill, including resolution of a tied vote by drawing lots,
one suggestion from experienced ROs was for the draw to resolve a tied
vote to be conducted by means of coloured or numbered balls.
The draft Bill released for public comment provides that the draw be
conducted by the use of identical envelopes marked with the candidates'
names. It was suggested that the perceived impartiality of the process
would be enhanced by requiring the use of numbered or coloured balls.
Consultation with associated agencies supported making this adjustment
to the process. The following departments and agencies were consulted:
· Electoral Commission of Queensland
· Department of Justice and Attorney-General
· Department of the Premier and Cabinet
· Office of the Queensland Parliamentary Counsel
The Office of the Queensland Parliamentary Counsel (OPC) revised the
relevant provisions of the draft Bill.
The consultation process indicated that all the provisions of the Bill had
widespread support from local governments, peak bodies and others with
an interest in the local government system.
NOTES ON PROVISIONS
PART 1--PRELIMINARY
Clause 1--Short title
Clause 1 of the draft Bill provides the short title of the proposed Act is
the Local Government Amendment Act 2002.
7
Local Government Amendment Bill 2002
Clause 2--Commencement
Clause 2 provides that the proposed Act will amend the Local
Government Act 1993.
Clause 3--Replacement of s 284 (Application of part to Brisbane City
Council)
Clause 3 makes a number of changes to the structure of chapter 5 part 5
of the LGA. The part has been separated into divisions and a heading for
division 1 has been inserted immediately before the heading for section
284. Division 1 (Preliminary) is now made up of section 284 (which is
replaced unchanged) and a new section 284A.
Section 284A contains the definition of "information date" for part 5.
The definition is unchanged. It was previously contained in section 288(4),
but since the term is used elsewhere in part 5, it needs to be defined for the
purpose of the whole part, not only for section 288.
Clause 3 also inserts a heading for division 2 (Quota requirements for
divided local governments) after section 284A.
Clause 4--Amendment of s 288 (Matter of area's division referred to
commissioner)
Clause 4 contains the main amendments to establish the proposed eight-
year cycle for initiating local government electoral boundary
redistributions. This is achieved by amendments to section 288.
The proposed new subsection (1) provides that at the four-year point in
the cycle (which will initially be the information dates for the 2004
quadrennial elections), the Minister must initiate an electoral boundary
redistribution if one-third or more of a local government's electoral
divisions (or in the case of Brisbane City Council, wards) exceed the
margin of allowance.
In applying this one-third rule, the subsection provides that for local
government areas with less than six divisions, a redistribution must occur if
two or more divisions exceed the margin of allowance.
The proposed new subsection (1) also provides that at the eight-year
point in the cycle (which will initially be the information dates for the 2008
quadrennial elections), the Minister must initiate an electoral boundary
8
Local Government Amendment Bill 2002
redistribution if one or more of a local government's divisions (or in the
case of Brisbane City Council, wards) exceed the margin of allowance.
In addition, clause 4 inserts a new subsection (2A), which sets out how
to deal with local government areas which have a total number of divisions
that is not a multiple of three in applying the one-third rule at the four-year
point in the eight-year cycle. The rule is that if the number is not a multiple
of three, the next lower number that is a multiple of three is taken to be the
total number of divisions.
Examples--
1. If a local government area has 7 divisions, the next lower number that is divisible by
3 is 6. One-third of 6 is 2. Therefore, if the local government area has 2 or more divisions
out of quota, a reference by the Minister will be required.
2. If a local government area has 10 or 11 divisions, the next lower number that is
divisible by 3 is 9. One-third of 9 is 3. Therefore, if the local government area has 3 or
more divisions out of quota, a reference by the Minister will be required.
Clause 5--Amendment of s 334 (Who may vote)
Clause 5 repeals section 334(2), (the prohibition on ROs voting) thus
enabling ROs to vote if they are also enrolled as electors.
Clause 6--Amendment of s 352 (Declaration voting before polling day)
Clause 6 amends section 352 to extend the places at which it is possible
to apply for a declaration vote. The amendment permits electors both to
apply for and cast a declaration vote at the same place.
Clause 7--Amendment of s 368 (Counting of votes for optional-
preferential system)
Clause 7 amends section 368 to specify that a tied vote in a poll
conducted under the optional-preferential system of voting must be
resolved by drawing a lot. It also sets out the procedure for drawing a lot.
Clause 8--Amendment of s 369 (Counting of votes for first-past-the-
post system)
Clause 8 amends section 369 to specify that a tied vote in a poll
conducted under the first-past-the-post system of voting must be resolved
by drawing a lot. It also sets out the procedure for drawing a lot.
9
Local Government Amendment Bill 2002
Schedule--Minor and consequential amendments
The schedule contains a number of machinery changes in relation to the
electoral amendments and other matters.
Clause 1
Clause 1 corrects a provision reference in section 141(d)(ii).
Clause 2
Clause 2 inserts a division heading in part 5, as a consequence of the new
structure of part 5 necessitated by the amendments at clauses 3 and 4
above.
Clause 3
Clause 3 omits from section 287(4) the definition of "information date"
now contained in section 284A.
Clause 4
Clause 4 updates a reference to the Commonwealth Electoral Act in
section 343(g)(ii).
Clause 5
Clause 5 inserts a definition for "local law" into section 1193D(6).
Clause 6
Clause 6 replaces a conjunctive with a disjunctive at the end of section
1193H(1)(a)(ii).
Clause 7
Clause 7 inserts a signpost in the dictionary schedule to the definition of
"information date" inserted into section 284A.
© State of Queensland 2002