South Australian Current Acts South Australian Current 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 report (a "representation report") 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
report must—
(a)
examine the advantages and disadvantages of 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)—
(i)
examine the question of whether the number of members
should be reduced; and
(ii)
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
(b) set
out any proposal that the council considers should be carried into effect
under this section; and
(c) in
respect of any such proposal—include 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
(d)
examine such other relevant issues as the council or the person preparing the
report thinks fit.
(7) The council must
undertake public consultation on the representation report.
(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).
(a) the
report proposes that the composition of the council be altered so that it is
constituted of more than the number of members that a council may be comprised
of under section 11A(1) (the "member cap"); or
(b) the
council is constituted of a number of members that exceeds the member cap and
the report does not propose an alteration in the composition of the council so
that it is constituted of a number of members equal to or less than the member
cap,
the report must be referred to the Electoral Commissioner.
(11b) On receipt of a
report, the Electoral Commissioner must give the council a certificate
authorising the referral of the report under subsection (12) (an
"exemption certificate"), unless the Electoral Commissioner considers that
exceptional circumstances exist that justify a refusal to give an
exemption certificate to the council.
(11c) In
subsection (11b)—
"exceptional circumstances" means circumstances where the report does
not—
(a)
examine the matters referred to in subsection (6)(a); or
(b) set
out the reasons for the council being constituted in a manner referred to in
subsection (11a)(a) or (b).
(11d) If the
Electoral Commissioner refuses to give an exemption certificate under
subsection (11b), the Electoral Commissioner must refer the matter back
to the council and must provide written reasons to the council for the
refusal.
(11e) If the matter is
referred back to the council under subsection (11d), the council—
(a) must
take such action as is necessary (including by altering the report) so that
the report proposes an alteration in the composition of the council so that it
is constituted of a number of members equal to or less than the member cap;
and
(b) must
comply with the requirements of subsection (7) in relation to the report
(as if the report (as altered) constitutes a new report); and
(c) must
then refer the report to the Electoral Commissioner under
subsection (12).
(12) The council must
then refer the report to the Electoral Commissioner (and, if relevant, provide
with the report a copy of an exemption certificate given to the council).
(12a) The report must,
if written submissions are received as part of public consultation undertaken
under subsection (7), include copies of any written submissions 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 subsection (7)
(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.
(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
under subsection (11d) or (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 Minister 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
Minister, including a condition that the council carry out a review under this
section by a date specified by the Minister.
(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).