South Australian Consolidated Acts South Australian Consolidated Acts (1) A council may, by
notice in the Gazette after complying with the requirements of this
section—
(a)
alter the composition of the council;
(b)
divide, or redivide, the area of the council into wards, alter the division of
the area of the council into wards, or abolish the division of the area of a
council into wards.
(2) A notice under
this section may also—
(a)
change the council from a municipal council to a district council, or change
the council from a district council to a municipal council;
(b)
alter the name of—
(i)
the council;
(c) give
a name to, or alter the name of, a ward,
(without the need to comply with section 13).
(3) A council must,
before it publishes a notice, conduct and complete a review under this section
for the purpose of determining whether its community would benefit from an
alteration to its composition or ward structure.
(4) A review may
relate to a specific aspect of the composition of the council, or of the wards
of the council, or may relate to those matters generally—but a council
must ensure that all aspects of the composition of the council, and the issue
of the division, or potential division, of the area of the council into wards,
are comprehensively reviewed under this section at least once in each relevant
period that is prescribed by the regulations.
(5) A council must, in
order to commence a review, initiate the
preparation of a paper (a "representation options paper") by a person who, in
the opinion of the council, is qualified to address the representation and
governance issues that may arise with respect to the matters under review.
(6) The
representation options paper must examine the advantages and disadvantages of
the various options that are available to the council under
subsection (1) (insofar as the various features of the composition and
structure of the council are under review) and, in particular (to the extent
that may be relevant)—
(a) if
the council is constituted of more than 12 members—examine the question
of whether the number of members should be reduced; and
(b) if
the area of the council is divided into wards—examine the question of
whether the division of the area into wards should be abolished,
(and may examine such other relevant issues as the council or the person
preparing the paper thinks fit).
(7) The council
must—
(i)
inform the public of the preparation of the
representation options paper; and
(ii)
invite interested persons to make written submissions to
the council on the subject of the review within a period specified by the
council (being a period of at least 6 weeks); and
(b)
publish a copy of the notice in a newspaper circulating within its area.
(8) The council must
ensure that copies of the representation options paper are available for
inspection (without charge) and purchase (on payment of a fee fixed by the
council) at the principal office of the council during the period that applies
under subsection (7)(a)(ii).
(8a) The council must,
at the conclusion of the public consultation undertaken under
subsection (7)(a), prepare a report that—
(a)
provides information on the public consultation and the council's response to
the issues arising from the submissions made as part of that process; and
(b) sets
out—
(i)
any proposal that the council considers should be carried
into effect under this section; and
(ii)
in respect of any such proposal—an analysis of how
the proposal relates to the principles under section 26(1)(c) and the
matters referred to in section 33 (to the extent that may be relevant);
and
(c)
insofar as a decision of the council is not to adopt any change under
consideration as part of the representation options paper or the public
consultation process—sets out the reasons for the council's decision.
(9) The council
must—
(a) make
copies of its report available for public inspection at the principal office
of the council; and
(b) by
public notice—
(i)
inform the public of the preparation of the report and
its availability; and
(ii)
invite interested persons to make written submissions to
the council on the report within a period specified by the council (being a
period of at least 3 weeks); and
(c)
publish a copy of the notice in a newspaper circulating within its area.
(10) The council must
give any person who makes written submissions in response to an invitation
under subsection (9) an opportunity to appear personally or by
representative before the council or a council committee and to be heard on
those submissions.
(11) The council must
then finalise its report (including in its report recommendations with respect
to such related or ancillary matters as it thinks fit).
(11a) If the report
proposes that the composition of the council be altered so that—
(a) the
council will have a chairperson rather than a mayor; or
(b) the
council will have a mayor rather than a chairperson,
then the proposal cannot proceed unless or until a poll has been conducted on
the matter and the requirements of subsection (11c) have been satisfied.
(11b) The council may,
with respect to a proposal within the ambit of subsection (11a)—
(a)
insofar as may be relevant in the particular circumstances, separate the
proposal (and any related proposal) from any other proposal contained in the
report (and then it will be taken that the council is reporting separately on
this proposal (and any related proposal));
(b)
determine to conduct the relevant poll—
(i)
in conjunction with the next general election for the
council (so that the proposal (and any related proposal) will then, if
approved at the poll, take effect from polling day for the following
general election); or
(ii)
at some other time (so that the proposal (and any related
proposal) will then, if approved at the poll, take effect in the manner
contemplated by subsection (18)).
(11c) The following
provisions apply to a poll required under subsection (11a):
(a) the
Local Government (Elections) Act 1999 will apply to the poll subject to
modifications, exclusions or additions prescribed by regulation;
(b) the
council must—
(i)
prepare a summary of the issues surrounding the proposal
to assist persons who may vote at the poll; and
(ii)
obtain a certificate from the Electoral Commissioner that
he or she is satisfied that the council has taken reasonable steps to ensure
that the summary presents the arguments for and against the proposal in a fair
and comprehensive manner; and
(iii)
after obtaining the certificate of the
Electoral Commissioner, ensure that copies of the summary are made available
for public inspection at the principal office of the council, are available
for inspection on the Internet, and are published or distributed in any other
way that the Electoral Commissioner may direct;
(c) the
proposal cannot proceed unless—
(i)
the number of persons who return ballot papers at the
poll is at least equal to the prescribed level of voter participation; and
(ii)
the majority of those persons who validly cast a vote at
the poll vote in favour of the proposal.
(11d) For the purposes
of subsection (11c)(c), the "prescribed level of voter participation is a
number represented by multiplying the total number of persons entitled to cast
a vote at the poll by half of the
turnout percentage for the council, where the "turnout percentage" is—
(a) the
number of persons who returned ballot papers in the contested elections for
the council held at the last periodic elections, expressed as a percentage of
the total number of persons entitled to vote at those elections (viewing all
elections for the council as being the one election for the purposes of this
provision), as determined by the Electoral Commissioner and published in such
manner as the Electoral Commissioner thinks fit; or
(b) if
no contested elections for the council were held at the last
periodic elections, a percentage determined by the Electoral Commissioner for
the purposes of the application of this section to the relevant council, after
taking into account the turnout percentages of other councils of a similar
size and type, as published in such manner as the Electoral Commissioner
thinks fit.
(12) The council must
then, taking into account the operation of the preceding subsection, refer the
report to the Electoral Commissioner.
(12a) The report must
be accompanied by copies of any written submissions received under
subsection (9) that relate to the subject-matter of the proposal.
(13) On receipt of a
report, the Electoral Commissioner must determine whether the requirements of
this section have been satisfied and then—
(a) if
of the opinion that the requirements have been satisfied—give an
appropriate certificate; or
(b) if
of the opinion that the requirements have not been satisfied—refer the
matter back to the council together with a written explanation of the reasons
for not giving a certificate under this subsection.
(14) The validity of a
determination of the Electoral Commissioner under subsection (13) cannot
be called into question.
(15) If a certificate
is given by the Electoral Commissioner under subsection (13)(a)—
(a) the
Electoral Commissioner must specify in the certificate a day by which an
appropriate notice (or notices) for the purposes of this section must be
published by the council in the Gazette; and
(b) the
council may then, by notice (or notices) in the Gazette, provide for the
operation of any proposal under this section that it has recommended in its
report.
(16) If the matter is
referred back to the council under subsection (13)(b), the council—
(a) must
take such action as is appropriate in the circumstances (and may, as it thinks
fit, alter its report); and
(b) may
then refer the report back to the Electoral Commissioner.
(17) However, a
council must, if it makes an alteration to its report under
subsection (16)(a), comply with the requirements of subsections (9)
and (10) (as if the report (as altered) constituted a new report), unless the
council determines that the alteration is of a minor nature only.
(18) A proposal under
this section takes effect as follows:
(a) if
the day of publication of the relevant notice under subsection (15)
occurs before 1 January of the year in which a periodic election is next due
to be held then, unless paragraph (c) applies, the proposal will take
effect as from polling day for that periodic election;
(b) if
the day of publication of the relevant notice under subsection (15)
occurs on or after 1 January of a year in which a periodic election is due to
be held (and before polling day for that periodic election) then, unless
paragraph (c) applies, the proposal will take effect as from polling day
for the periodic election next following the periodic election held in the
year of publication;
(c) if a
general election (not being a periodic election) is held after the expiration
of 7 months from the day of publication of the relevant notice under
subsection (15) (and before polling day for the next periodic election
after publication) then the proposal will take effect from polling day for
that general election.
(18a)
Subsection (18) has effect subject to the operation of
subsection (11b)(b)(i).
(19) If a
council—
(a)
subject to subsection (22), fails to undertake a review in accordance
with the requirements of this section; or
(b)
fails to take appropriate action if a matter is referred back to the council
by the Electoral Commissioner under subsection (13)(b); or
(c)
fails to publish an appropriate notice in the Gazette by the day specified by
the Electoral Commissioner in a certificate under this section,
the chief executive officer must refer the matter to the Electoral
Commissioner.
Maximum penalty: $2 500.
(20) On the referral
of a matter under subsection (19), the Electoral Commissioner may take
such action as, in the circumstances of the particular case, appears
appropriate to the Electoral Commissioner and may then, by notice in the
Gazette, give effect to a proposal that could have been carried into effect by
the council under this section.
(21) The
Electoral Commissioner may recover from councils costs reasonably incurred by
the Electoral Commissioner in performing his or her functions under this
section.
(22) The Panel may
exempt a council from the requirement to hold a review under this section on
the basis that relevant issues have already been addressed by a proposal under
this Chapter.
(23) An exemption
under subsection (22) may be granted on conditions determined by the
Panel, including a condition that the council carry out a review under this
section by a date specified by the Panel.
(a) the
area of a council is divided into wards; and
(b) the
Electoral Commissioner notifies the council in writing that the number of
electors represented by a councillor for a ward varies from the ward quota by
more than 20 per cent,
then the council must undertake a review under this section within a period
specified by the Electoral Commissioner.
(25) For the purposes
of subsection (24)—
(a) if
two or more councillors represent a ward, the number of electors represented
by each councillor will be taken to be the number of electors for the ward (as
at a date determined by the Electoral Commissioner) divided by the number of
councillors who represent the ward (ignoring any fractions resulting from the
division); and
(b) the
ward quota is the number of electors for the area (as at a date determined by
the Electoral Commissioner) divided by the number of councillors for the area
of the council who represent wards (ignoring any fractions resulting from the
division).