South Australian Consolidated Acts South Australian Consolidated Acts28—Public initiated submissions
(1) In this
section—
"eligible elector", in relation to a proposal, is—
(a) in
the case of a proposal to alter the boundaries of two or more councils to
incorporate land within the area of a council into the area of
another council (a "receiving council")—an elector in respect of a place
of residence or rateable property within the area of a receiving council, or
within the area that would be so incorporated;
(b) in
the case of a proposal that relates to the composition of a council or the
issue of wards within the area of a council—an elector in respect of a
place of residence or rateable property within the area of the council;
(c) in
the case of a proposal to incorporate within the area of a council a part of
the State that is not within the area of a council—a person, body
corporate or group who or which would, if the proposal were to proceed, be an
elector in respect of a place of residence or rateable property within the
area that would be so incorporated.
(2) A group of at
least 20 eligible electors may submit to a council a submission that the
council consider a proposal—
(a) to
alter the boundaries of the council;
(b) to
alter the composition of the council or the representative structure of the
council (including by the creation, alteration or abolition of wards);
(c) to
incorporate within the area of the council a part of the State that is not
within the area of a council.
(3) However, if the
council has, within the 2 years immediately preceding the making of the
submission, been newly constituted (including through an amalgamation) or
otherwise subject to change through the implementation of a
structural reform proposal, a submission cannot be made under
subsection (2) unless—
(a) the
submission is being made with a view to addressing a matter recommended by the
Panel that the council has failed to implement; or
(b) the
submission is to alter the boundaries of the council and the alteration would
not, if it were to be brought into effect—
(i)
alter a boundary that has been established (including
through an amalgamation) within the preceding 2 years; or
(ii)
alter the same part of a boundary that has already been
altered within the preceding 2 years.
(4) A submission under
subsection (2) must—
(a) set
out in general terms the grounds on which the submission is made and the
issues that, in the opinion of the person or persons making the submission,
should be considered in an assessment of the matter; and
(b)
nominate five persons who are willing to represent the interests of persons
who would be directly affected by any proposal based on the matters raised in
the submission; and
(c)
comply with guidelines published by the Panel.
(5) The
eligible electors making the submission must furnish a copy of a submission
under subsection (2) to the Panel in accordance with guidelines published
by the Panel.
(6) On the receipt of
a submission under subsection (2), a council must consider the issues
determined by the council to be relevant to the matter and then decide whether
or not it is willing to—
(a)
conduct a review in relation to the matter under Division 2 of Part 1; or
(b)
formulate (or participate in the formulation of) a proposal in relation to the
matter under Division 4 of this Part.
(7) The council must
give the eligible electors and the Panel written notice of its decision under
subsection (6) in accordance with guidelines published by the Panel
(which may include a time-frame within which a decision should be made under
that subsection).
(8) A group of
eligible electors who, after making a submission under subsection (2),
are dissatisfied with—
(a) a
decision of a council under subsection (6); or
(b) any
aspect of a review or proposal referred to in that subsection,
may submit the submission, or a submission in substantially the same terms, to
the Panel.
(9) A submission under
subsection (8) must—
(a) set
out in general terms the grounds on which the submission is made; and
(b)
nominate five persons who are willing to represent the interests of persons
who would be directly affected by any proposal based on the matters raised in
the submission; and
(c)
comply with guidelines published by the Panel.
(10) On the receipt of
a submission under subsection (8), the Panel must examine and consider
those issues determined by the Panel to be relevant to the
matter—including the actions of any relevant council in response to a
submission under subsection (2), whether in its opinion action under this
Chapter is the most appropriate response to the issues raised by the
submission, and whether there is likely to be sufficient support from electors
or potential electors to justify the formulation and consideration of a
proposal by the Panel under this Chapter—and then decide whether or not
it appears appropriate to proceed with a proposal itself on the basis of the
submission.
Examination of relevant issues should include consultation with the relevant
council or councils and, if the Panel thinks fit, public consultation.
(11) If the Panel
decides not to proceed with a proposal under subsection (10), the Panel
must provide a report on the matter—
(a) to
the persons who made the submission; and
(b) to
the Minister; and
(c) to
any relevant council.
(12) If the Panel
decides to proceed with a proposal under subsection (10), the Panel may
formulate a proposal and must then—
(a) by
public notice—
(i)
inform the public of the substance of the proposal; and
(ii)
invite interested persons to make written submissions on
the proposal within a period specified by the Panel (being a period of at
least 6 weeks); and
(b)
publish a copy of the notice in a newspaper circulating within the area or
areas of the relevant council or councils.
(13) The Panel must
then, after the expiration of the time allowed for submissions, hold a hearing
in relation to the proposal unless satisfied that there has already been
adequate consultation on the matter or that a hearing is otherwise not
warranted in the circumstances of the particular case.
(14) At a hearing held
pursuant to subsection (13)—
(a) a
person who made written submissions is entitled to appear personally or by
representative and to be heard on those submissions; and
(b) the
Panel may hear and consider other evidence and submissions as the Panel thinks
fit.
(15) The Panel must
consult with any council affected by a proposal.
(16) The Panel may
conduct other inquiries and consultation as the Panel thinks fit.
(17) The Panel may, at
the conclusion of its inquiries and consultation on a proposal under this
section, determine—
(a) that
the proposal should proceed; or
(b) that
the proposal should be amended, or that an alternative proposal should
proceed; or
(c) that
the proposal should lapse.
(18) However, the
Panel must not make an amendment, or determine that an alternative proposal
should proceed, unless—
(a) the
Panel has conducted further consultation as the Panel thinks fit; or
(b) the
Panel determines—
(i)
that there has already been adequate consultation on the
matter; or
(ii)
that the amendment, or the alternative proposal, is of
only minor significance, or that the final proposal differs from the original
proposal in minor respects only.
(19) The Panel must
ascertain whether a council affected by a proposal under subsection (17)
accepts or rejects the terms of the proposal (and unless a council resolves to
accept a proposal within one month after the Panel presents it to the council
for formal consideration under this subsection, or within a longer period
requested by the council before the expiration of that month, it will be taken
that the council rejects the terms of the proposal).
(20) If a council
accepts the terms of a proposal subject to the proposal being amended (or
further amended), or rejects the terms of the proposal, the Panel must
reconsider the proposal and may then determine—
(a) that
the proposal should still proceed; or
(b) that
the proposal should be amended (and the Panel may then proceed to make the
amendment); or
(c) that
the proposal should lapse.
(21) The Panel must,
after complying with the preceding subsections, cause public notice of the
proposal to be given in the prescribed form and publish a copy of the notice
in a newspaper circulating within the area or areas of the relevant council or
councils.
(22) If, within the
period of eight weeks immediately following the giving of public notice under
subsection (21), in respect of a structural reform proposal—
(a) in
the case of a proposal to alter the boundaries of two or more
councils to incorporate land within the area of a council (a "relinquishing
council") into the area of another council (a "receiving council )—
(i)
10 per cent or more of electors in respect of places of
residence or rateable property within the area of a relinquishing council; or
(ii)
10 per cent or more of electors in respect of places of
residence or rateable property within the area of a receiving council; or
(iii)
10 per cent or more of electors in respect of places of
residence or rateable property within the area that is to be so incorporated;
(b) in
any other case—10 per cent of eligible electors in relation to the
proposal,
notify the Panel in accordance with the terms of notice that they desire a
poll to be conducted on the proposal, the proposal cannot proceed unless or
until a poll has been conducted on the matter.
For the purposes of this subsection—
(a) a
body corporate that is an elector may act through an officer of the body
corporate; and
(b) a
group that is an elector may act through a member of the group, or an officer
of a body corporate that is a member of the group.
(23) The following
provisions apply to a poll:
(a) the
Local Government (Elections) Act 1999 will apply to the poll subject to
modifications, exclusions or additions prescribed by regulation;
(b) a
person is entitled to vote at the poll if (and only if) the person is—
(i)
in the case of a proposal to alter the boundaries of two
or more councils to incorporate land within the area of a council into the
area of another council—an elector (or, in the case of a body corporate
or a group of persons, a nominee of an elector) for the area of any council
affected by the proposal;
(ii)
in any other case—an eligible elector (or, in the
case of a body corporate or a group of persons, a nominee of an eligible
elector);
(c) the
Panel will, after consultation with the relevant council or councils,
determine the day on which the poll will be conducted;
(d) the
poll will be conducted by postal voting in a manner that allows the Panel to
ascertain the overall result of the poll and, in a case where
subsection (22)(a) applies, voting according to—
(i)
the area of the relinquishing council, or of each
relinquishing council (as the case may be), excluding the area that is to be
incorporated into the area of another council; and
(ii)
the area of the receiving council, or of each
receiving council; and
(iii)
the area that is to be incorporated into the area of
another council;
(e) the
council or councils for the relevant area or areas must conduct the poll (at
its or their expense);
(f) the
Panel must prepare a summary of the issues surrounding the proposal to assist
persons who may vote at the poll, subject to complying with the following
requirements:
(i)
the Panel must consult with the relevant council or
councils about the summary and must, at the request of a council, include a
statement (in a form agreed between the Panel and the council) as to whether
the council accepts or rejects the terms of the proposal; and
(ii)
the Panel must not release the summary until the
Electoral Commissioner has certified that he or she is satisfied that the
Panel has taken reasonable steps to ensure that the summary presents the
arguments for and against the implementation of the proposal in a fair and
comprehensive manner;
(g) a
council affected by a proposal must ensure that copies of the summary prepared
by the Panel under paragraph (f) are made available for public inspection
at the principal office of the council, and distributed to electors in
accordance with directions of the Panel;
(h) the
Panel may publish directions and guidelines relating to—
(i)
the preparation, distribution and use of ballot papers;
and
(ii)
the procedure for voting at the poll; and
(iii)
the counting of votes; and
(iv)
the publication of results; and
(v)
other issues relevant to the conduct of the poll;
(i)
if—
(i)
in the case where subsection (22)(a) applies—
(A) 40 per cent or more of the combined
total of electors in respect of places of residence or rateable property
within the area of the receiving council and electors in respect of places of
residence or rateable property within the area that is to be incorporated into
the area of the receiving council cast a vote at the poll (either personally
or, in the case of a body corporate or group, through a nominee); and
(B) a majority of those persons so voting
vote against the proposal; or
(ii)
in any other case—
(A) 40 per cent or more of the persons
entitled to vote cast a vote at the poll (either personally or, in the case of
a body corporate or group, through a nominee); and
(B) a majority of those persons so voting
vote against the proposal,
the result is binding and the proposal cannot proceed;
(j) if
paragraph (i) does not apply, the Panel must nevertheless reconsider the
proposal in view of the outcome of the poll (including the outcome of the poll
in distinct areas) and may, if the Panel thinks fit, amend the proposal, or
substitute an alternative proposal, or resolve that the proposal should lapse.
(24) However,
if—
(a) the
Panel—
(i)
amends the proposal so that it directly affects electors
who were not directly affected by the original proposal; or
(ii)
substitutes an alternative proposal; and
(b) the
Panel does not, at that time, determine that the amendment, or the alternative
proposal, is of only minor significance, or that the final proposal differs
from the original proposal in minor respects only,
then the amended or substituted proposal will be taken to be a new proposal
under this section.
(25) The Panel must,
after complying with the above requirements, prepare a report to the Minister
on the matter. 1
Note—
1 Division 6 sets out what happens after this
report is prepared.