South Australian Current Acts South Australian Current Acts (1) In addition to the
other requirements of this Chapter, the following matters must be taken into
account, as far as practicable, in the formulation of a proposal that relates
to the boundaries of a ward or wards:
(a) the
desirability of reflecting communities of interest of an economic, social,
regional or other kind;
(b) the
population of the area, and of each ward affected or envisaged by the
proposal;
(c) the
topography of the area, and of each ward affected or envisaged by the
proposal;
(d) the
feasibility of communication between electors affected by the proposal and
their elected representatives;
(e) the
nature of substantial demographic changes that may occur in the foreseeable
future;
(f) the
need to ensure adequate and fair representation while at the same time
avoiding over-representation in comparison to other councils of a similar size
and type (at least in the longer term).
(2) A proposal that
relates to the formation or alteration of wards of a council must also observe
the principle that the number of electors represented by a councillor must
not, as at the relevant date (assuming that the proposal were in operation),
vary from the ward quota by more than 10 per cent.
(2a) For the purposes
of subsection (2)—
(a) if
it is proposed that two or more councillors represent a particular ward, the
number of electors represented by each councillor will be taken to be the
number of electors for the ward (as at the relevant date) divided by the
number of proposed councillors for the ward (ignoring any fractions resulting
from the division); and
(b) the
ward quota will be taken to be the number of electors for the area (as at the
relevant date) divided by the number of councillors for the area who represent
wards (assuming that the proposal were in operation and ignoring any fractions
resulting from the division); and
(c) the
relevant date, in relation to a proposal that relates to the formation or
alteration of wards of the council, will be taken to be the date on which the
proposal is finalised for the purposes of this Chapter.
(3) The 10 per cent
tolerance referred to in subsection (2) may be exceeded if, on the basis
of demographic changes predicted by a Commonwealth or State government agency,
it appears that the ward quota will not, as at the next periodic elections, be
exceeded by more than 10 per cent (the relevant date in this case being the
date of the next periodic elections).
(4) If under the
repealed Act a proposal relating to the formation or alteration of wards did
not comply with the corresponding provisions to subsections (2) and (3)
and the relevant proposal proceeded (either in its original or an amended
form) then, unless otherwise determined by proclamation, the relevant council
(or each relevant council) must conduct (and complete) a review of its
composition and wards under Part 1 so as to enable appropriate changes in the
composition and wards of the council to take effect on or before the date of
the second general election of the council after the proposal took effect or,
if an earlier date has been fixed by proclamation, on or before that date.