Correct as at 29 January 2014
On 29 January 2014 the Local Government Advisory Board commenced a formal inquiry into all of the proposals received in relation to the State Government’s model for new local government boundaries in metropolitan Perth. The inquiry process will now enable anyone to lodge a submission to the Board about any of the proposals received.
Where more than two districts are being abolished
At least one of those proposals suggest the abolition of two or more Local Government Districts. If the Local Government Advisory Board accepts that proposal and recommends it to the Minister, electors in Local Government Districts affected by that proposal will have one month from the date of being notified of the recommendation to make a request for a poll under clause 8 of Schedule 2.1 of the Local Government Act 1995. (Clause 8 is provided below for your information).
Only recommendations which propose the abolition of 2 or more Local Government Districts are subject to the clause 8 requirement for the Minister to order a poll if at least 250 and more than 10% of the electors of one of the Districts ask for the poll in accordance with the regulations.
“8. Electors may demand poll on a recommended amalgamation
(1) Where the Advisory Board recommends to the Minister the making of an order to abolish 2 or more districts (the districts) and amalgamate them into one or more districts, the Board is to give notice to affected local governments, affected electors and the other electors of districts directly affected by the recommendation about the recommendation.
(2) The notice to affected electors has to notify them of their right to request a poll about the recommendation under subclause (3).
(3) If, within one month after the notice is given, the Minister receives a request made in accordance with regulations and signed by at least 250, or at least 10%, of the electors of one of the districts asking for the recommendation to be put to a poll of electors of that district, the Minister is to require that the Board’s recommendation be put to a poll accordingly.
(4) This clause does not limit the Minister’s power under clause 7 to require a recommendation to be put to a poll in any case.” Clause 8 of Schedule 2.1 of the Local Government Act 1995.
The appropriate form of the request is Form 2 in the Local Government (Constitution) Regulations 1998.
Where only one district is being abolished
A number of the proposals suggest the abolition of only one Local Government district. If the Local Government Advisory Board accepts that proposal and recommends it to the Minister, electors in Local Government Districts affected by that proposal do not have the rightunder the Local Government Act 1995 to demand a poll but they can still request a poll under clause 7 of Schedule 2.1 of the Local Government Act 1995.
“7. Minister may require a poll of electors
In order to assist in deciding whether or not to accept arecommendation of the Advisory Board made under clause 6, the Minister may require that the Board’s recommendation be put to a poll of the electors of districts directly affected by the recommendation.” Clause 7 of Schedule 2.1 of the Local Government Act 1995.
As there is no statutory requirement in clause 7 of Schedule 2.1 for the Minister to wait one month prior to making a decision on the Local Government Advisory Board’s recommendation (as there is clause 8 of Schedule 2.1) we recommend that any electors of affected Local Government districts which would be abolished if the proposal was recommended to the Minister, who wish to request a poll, do so prior to the closing of submissions for the Local Government Advisory Board Inquiry which relates to their Local Government.
There is no form contained in the regulations but we suggest a Form 2 in the Local Government (Constitution) Regulations 1998 which has been amended to suit the circumstances would be appropriate.
For further information on Local Government boundary reform, or legal advice for other Local Government matters, contact Laurie James orAnne Wood on (08) 9321 3755 or firstname.lastname@example.org. The information published on this website is of a general nature and should not be construed as legal advice. Whilst we aim to provide timely, relevant and accurate information, the law may change and circumstances may differ. You should not therefore act in reliance on it without first obtaining specific legal advice.