WATIYAWANU COMMUNITY GOVERNMENT SCHEME (Repealed)

This reprint shows the Community Government Scheme as in force at 17 March 2004. Any amendments that may come into operation after that date are not included.

The name of this scheme is the Watiyawanu Community Government Scheme. (See back note 1)

"candidate" means a person who has been nominated and accepted, under clause 18, as a candidate for election to the council and who has not withdrawn his or her consent to the nomination before the close of nominations;

"clerk", for the purposes of Part 3 except clauses 38 and 39, includes the Electoral Commission and a person appointed to conduct an election under clause 38;

"election day" means a day specified in or fixed under clause 15(2) for the holding of an election;

"elector" means a person enrolled or entitled to be enrolled on the electoral roll;

"member" means a member of the council and includes its President and a person authorised under clause 8(7);

"ordinary member" means a person other than the President, elected or appointed to the council;

"polling place" means a place set aside under clause 22 for the purpose of an election;

The community government area to which this scheme applies is all that parcel of land in the Mount Liebig locality in the Northern Territory of Australia being part of Northern Territory Portion 1635 (Aboriginal Reserve 1028) and bounded by lines described as follows:

Commencing at the intersection of the parallel of south latitude 23o 14' 50" with the meridian of east longitude 131o 12' 40"; thence generally north easterly to the intersection of the parallel of south latitude 23o 13' 20" with the meridian of east latitude 131o 17' 30"; thence generally south easterly to the intersection of the parallel of south latitude 23o 17' 30" with the meridian of east longitude 131o 20' 30"; thence generally south westerly to the intersection of the parallel of south latitude 23o 19' with the meridian of east longitude 131o 15' 40"; thence generally north westerly to the point of commencement.

The name of the community government council which administers the community government area is the Watiyawanu Community Government Council.

The common seal of the council shall contain the words "Watiyawanu Community Government Council" and "Common Seal".

(2) The council shall also have a Vice-President who shall be chosen in accordance with clause 7.

(3) Subject to this scheme, the term of office of a member expires upon the declaration of the results of the next election (other than a by-election).

(4) The office of a member becomes vacant if the member ceases to be enrolled as an elector or, unless the member is a traditional owner, ceases to be ordinarily resident in the community government area.

(a) the President shall be declared or elected in accordance with clause 19; and

(b) the Vice-President shall be chosen by the council from amongst its members at the first meeting of the council after its election and, after that, as occasion may require.

(2) Subject to subclause (4), the Vice-President holds office during the pleasure of the members of the council, but may resign that office at any time by giving notice in writing to the clerk.

(3) The President may resign in accordance with section 264 of the Local Government Act.

(4) The office of the Vice-President shall become vacant if its holder ceases to be a member of the council.

(5) The Vice-President (or, in the absence of the Vice-President, a member chosen by the council to act temporarily) shall act as President during any vacancy in that office and shall also perform the functions, exercise the powers and discharge the duties of the President when the President is absent from the community government area or a meeting of the council.

(1) The council shall meet to transact its business not less than once each month.

(2) The date and time of a council meeting shall be as decided by a previous meeting or, in default of that, by the clerk or, where necessary, the Minister or a person authorised by the Minister for that purpose.

(3) The President may call a special meeting of the council by giving at least 2 days notice to the members.

(4) By giving the President notice in writing requesting a special meeting of the council and stating the reasons for the request –

may require the President to call a special meeting of the council, and the President shall call that meeting for a date not later than 7 days after the day on which the notice is received, and shall notify the members accordingly.

(5) Where, under subclause (3) or (4), a special meeting is to be held, the clerk shall notify the members and shall cause written notice of the special meeting to be prominently displayed at the office of the council and in a place which the clerk considers likely to be frequented by residents.

(6) A notice under subclause (5) shall specify the date, time and place of the special meeting and the reason for it being called.

(7) A member proposing to be absent from a meeting of the council may authorise in writing an elector to attend the meeting in the member's place and, subject to and in accordance with any restrictions or instructions specified in the authorisation, to exercise the member's powers at the meeting (including the power to vote) on the member's behalf.

the clerk shall declare that person to be no longer a member, and the office to be vacant.

Meetings of the council shall be open to persons who are not members or officers or employees of the council unless the council determines that a meeting, or part of a meeting, is to be closed.

(1) Meetings of the council shall be presided over by the President, or, where the President is absent, by the Vice-President, or, where both persons are absent, by a member chosen by the other members present.

(2) Subject to any standing orders made from time to time by the council, the council shall determine its own procedure for meetings.

(4) The quorum for a meeting of the council shall be a majority of the members then in office

(5) Questions before a meeting of the council shall be decided by a majority of the votes of the members then in office and, in the event of an equality of votes, the matter shall be taken to have been defeated.

(a) the establishment, development, operation and maintenance of communication, television, and radio broadcasting facilities for the community government area and for this purpose the council may, for reward, act as agent for any provider of these services;

(b) the establishment and maintenance of parks, gardens and recreational areas and the carrying out of landscaping and other associated works;

(c) the establishment and maintenance of sports facilities, libraries, and museums, cinemas, community halls, swimming pools, public toilets, ablution blocks and laundry facilities;

(d) the provision of services for the collection and disposal of garbage, the maintenance of particular places where garbage is to be dumped, the control of litter generally, the provision and maintenance of sanitation, sewerage, drainage and water supply facilities, the maintenance of septic tanks and the removal of health hazards;

(e) the collection, as agent and for reward, of electricity, water and sewerage charges;

(h) the provision and maintenance of housing for residents and their families on such terms and conditions as the council thinks fit;

(j) the promotion and provision of community welfare, health and care facilities for all age groups within the community government area and the provision of appropriately trained staff to provide counselling or temporary assistance;

(k) the carrying out as agent (whether or not for reward) of activities relating to the provision of social security services or benefits;

(o) the development and maintenance of roads within the community government area (including the provision of street lighting and traffic control devices) and, for reward, the development and maintenance of roads outside the community government area;

(q) the hiring out, for reward, of any plant, appliance or equipment belonging to the council and the repair and maintenance, for reward, of any vehicle, plant, appliance, or equipment not owned by the council;

(r) the contracting of works projects (including the provision of services and the maintenance of capital works and undertakings) within or outside the community government area;

(t) the establishment and maintenance of a firefighting service, including the acquisition of property and equipment and training of personnel for the service, and the protection of the community government area from fire;

(u) the promotion and development of tourist attractions and the provision and maintenance of tourist facilities within the community government area;

(x) the support and encouragement of artistic, cultural and sporting activities.

(1) The council has power to do all things necessary or convenient for the performance of its functions including the orderly running and control of the community government area.

(2) Subject to subclause (3), all land within the community government area is ratable, and the council may declare and levy rates in relation to it for the purpose of raising revenue for the performance of its functions.

(3) Land is not ratable by virtue of subclause (2) if it is land of a description which would be exempt from rating by a council of a municipality under section 97 of the Local Government Act.

(4) Liability for the payment of rates declared by virtue of subclause (2) shall be determined in accordance with section 122 of the Act, and all other provisions with respect to rates contained in the Act or regulations under the Act shall apply to and in relation to rates so declared to the extent that they are capable of doing so and with any necessary changes.

(5) Without prejudice to the powers of charging conferred on the council by section 272(2) of the Act, charges are payable by reason of a person's residence in the community government area, or his or her carrying on a business in the area or having an interest in ratable land in the area, whether that person uses any service provided or not, and all other provisions in respect to charges contained in the Act or regulations made under it shall, to the extent that they are capable of doing so and with any necessary changes, apply to and in relation to charges so declared.

(6) The council may exempt persons, or any class of persons, from all or part of the rates or charges for which they would otherwise have been liable by virtue of this clause.

(7) The council may, by agreement with any other body or organisation, take over and manage any activity of that body or organisation which is consistent with the council's functions.

(8) The council may contract with the Territory or any other person in order to perform any of its functions.

(a) is enrolled or is eligible to be enrolled as an elector within the meaning of the Electoral Act; and

(i) has ordinarily resided in the community government area for not less than 6 months continuously immediately before the closure of the rolls under clause 14(2); or

(ii) is a traditional owner in respect of land in the community government area, whether or not ordinarily resident in the area.

(1) The clerk shall maintain, by such means as is thought fit (including by electronic means or the use of a roll under the Electoral Act), an electoral roll of the full names and addresses of persons who are eligible to vote at elections.

(2) The clerk shall close the electoral roll at 12 noon on the day occurring 21 days before election day.

(3) Except as provided by clause 26(2) or to correct an oversight in the making up of the electoral roll, the clerk shall not add any name to the roll in the period between its closure and the conclusion of the election.

(4) A resident or a traditional owner may inspect the electoral roll, in the case of a first election for the council, at a place determined by the clerk and, in the case of subsequent elections, at the office of the council when it is open.

(2) The first election shall be held on a Thursday in September 1994 on a date to be fixed by the Minister or, if a council has been appointed under section 257 of the Act, by that council and subsequent elections shall be held on a Thursday in September to be fixed by the council in every second calendar year after the end of that year or, where an election is to be held under clause 39, in September in every second calendar year after the date of that election.

(1) The clerk shall give not less than 28 days notice before an election day that an election is to be held.

(2) An election notice shall be prominently displayed at such places in the community government area as the clerk considers likely to reasonably ensure that all residents who are eligible to vote have notice of the election.

(b) the persons who may nominate other persons, and who may be nominated, as a candidate;

and shall also contain a statement that only persons whose names are on the electoral roll are entitled to vote at the election.

(1) A person is eligible for nomination as President or an ordinary member of the council if he or she is enrolled under clause 14.

(2) A person who is enrolled under clause 14 may, by lodging a written nomination with the clerk, nominate another person for election as the President or as an ordinary member, or both.

(b) that the proposed candidate is eligible under subclause (1) to be nominated and has consented to the nomination,

and unless the clerk is supplied with such number of copies as the clerk may require for the purpose of display in accordance with subclause (6) and clause 22(3) of a recent photograph of the proposed candidate which is, in the clerk's opinion, suitable for that purpose.

(4) A candidate may withdraw his or her consent to nomination at any time before the close of nominations.

(5) Nominations of candidates shall close at 12 noon on the day occurring 14 days before election day.

(6) As soon as practicable after nominations have closed, the clerk shall display a list of the names of the candidates, together with a photograph of each of them, in the same places as the election notice.

(1) Where at the close of nominations under clause 18(5) only 1 person has been nominated for election as President –

(a) the clerk shall, by a notice displayed in the same places as the election notice, declare that person to be President; and

(b) by virtue of that declaration, any nomination of that person for election as an ordinary member shall lapse for all purposes.

(2) Where at the close of nominations under clause 18(5) more than 1 person has been nominated for election as President, an election to decide which of the persons nominated shall be the President shall be held on election day.

(3) If a candidate dies between the close of nomination and election day and the effect is to reduce the number of candidates to 1, subclause (1) shall apply as if the candidate had withdrawn before the close of nominations.

(1) Where at the close of nominations under clause 18(5) the number of candidates nominated for election as ordinary members of the council (disregarding any nomination that has lapsed) does not exceed 11, then –

(a) if they have all been nominated only for election as ordinary members, the clerk shall declare them all to be ordinary members; or

(b) if 1 or more of them has also been nominated as President, the clerk shall, under clause 19(2), declare all persons nominated, other than the person elected President, to be ordinary members.

(2) Where at the close of nominations under clause 18(5) the number of candidates nominated for election as ordinary members (disregarding any nomination that has lapsed) exceeds 11, an election to decide 11 ordinary members shall, subject to subclause (3), be held on election day.

(3) Subclause (2) does not require the holding of an election to decide ordinary members if –

(a) the candidates include persons who have also been nominated for election as President; and

(b) the number of them remaining as candidates for ordinary membership will not exceed 11 after holding the election for President under clause 19(2),

but instead, after holding the election under clause 19(2), the clerk shall declare that those remaining as candidates for ordinary membership are to be ordinary members on and from election day.

(4) A declaration by the clerk under this clause shall be made by a notice which shall be displayed in the same places as the election notice.

(5) Where both the President and the ordinary members of the council are declared under subclause (1) and (3) respectively, the clerk shall –

(a) in addition to displaying the notices required under subclause (4), display in the same place as those notices a notice informing the voters that no election will be held on the day specified in the election notice; and

(b) shall, within 10 days, send a copy of all notices issued under this clause to the Minister.

(6) If a candidate dies between the close of nominations and election day and the effect is to reduce the number of candidates to the number of members required, subclause (1) shall apply as if the candidate had withdrawn before the close of nominations.

(1) The clerk shall cause to be prepared or printed in sufficient numbers for the purpose of an election tokens for use by those voting in person and ballot-papers for use in postal voting; and where there are to be elections for both the Presidency and ordinary membership, different coloured tokens shall be prepared for each election.

(2) The clerk shall determine, by ballot, the order of names of candidates on a ballot-paper.

(2) The polling place shall have within it a voting area for the election of a President and a voting area for the election of ordinary members, each being such that a voter is able to cast his or her vote or votes without being observed otherwise than by a polling official.

(3) The clerk shall provide in each voting area, for each candidate, a container which shall bear the candidate's name and shall be placed in front of or below a photograph of the candidate supplied pursuant to clause 18(3).

(4) The container shall have a securely fitted or fastened lid and have a slit in the upper side through which voting tokens may be put into the container.

(1) Subject to subclause (2), the clerk may, by notice in writing displayed at the polling place, appoint polling officials to assist in conducting an election.

(2) The clerk shall not appoint a member of the council, a candidate, or a spouse or de facto partner of a member or candidate, to be a polling official.

(1) Each candidate may, by notice in writing lodged with the clerk, appoint such persons as the candidate thinks fit to be his or her scrutineers for the purposes of the election.

(2) One scrutineer for each candidate is entitled to remain in the polling place with the clerk or polling officials to observe the conduct of the voting and counting of votes.

(3) A scrutineer shall not disclose to any person anything relating to the vote of any voter.

The clerk shall ensure that the polling place is open and remains open for voting between the hours of 8 am and 1 pm on the day of an election.

(1) Subject to subclause (2), a person whose name appears on the electoral roll shall vote and a person whose name does not appear on the roll shall not be entitled to vote at an election.

(2) Where the clerk is satisfied that a person whose name has not been entered on the roll is eligible under clause 13 to vote the clerk shall, upon the person signing a declaration that he or she made a claim for enrolment before the closure of the roll under clause 14(2) –

The clerk of polling official shall, immediately before the polling place is opened for voting, demonstrate to a person who is eligible to vote, but is not a candidate, that there are no voting tokens in any of the voting containers.

A voter, and any person assisting the voter under clause 29(6), other than the clerk, a polling official or a scrutineer, shall remain in the polling place only for the time necessary to vote.

(1) A voter shall state his or her name to the clerk or polling official, who shall –

(b) if a line has not been drawn through that name, draw a line through it and hand the voter 1 voting token for President if there is to be an election for President and 11 voting tokens for the election of ordinary members if there is to be an election for ordinary members.

(2) After the clerk or official hands the token or tokens to a voter, the voter shall –

(a) where a President is to be elected, enter the appropriate voting area and place the appropriate token in the container relating to the candidate of the voter's choice; and

(b) where ordinary members are to be elected, enter the appropriate voting area and vote for each of the 11 candidates of the voter's choice by placing one of the appropriate tokens in the container relating to the candidate.

(5) Subject to subclause (6), no person other than a voter who has been issued with a voting token shall vote with that token.

(6) Where the clerk or official in charge of the polling place is satisfied that a voter is, for any reason, unable to vote without assistance, the voter may appoint a person to assist him or her, and the clerk or official shall permit that person to accompany the voter into the voting area or areas and vote on his or her behalf.

(b) will be absent from the community government area during the hours when the polling place will be open; or

(2) An application in writing for a postal ballot-paper shall give an address to which the ballot-paper may be posted or delivered by hand in a sealed envelope.

(3) Where, before election day, the clerk receives an application for a postal ballot-paper and the name of the applicant is on the electoral roll, the clerk shall –

(a) hand or send to the applicant a ballot-paper initialled by the clerk, together with a self-addressed envelope marked with the words "Ballot-Paper"; and

(b) write the letters "PBP" against the name of the applicant on the electoral roll.

(4) A person who has applied for and received a postal ballot-paper shall vote by placing –

(a) on the ballot-paper for the election of the President, and "X" in the box opposite the name of the candidate of the voter's choice; and

(b) on the ballot-paper for the election of ordinary members, an "X" in the boxes opposite the names of 11 candidates of his or her choice.

(5) After an applicant for a postal ballot-paper has voted the ballot-paper is to be returned in the marked self-addressed envelope to the clerk.

(6) Where the clerk, on or before 1 pm on election day, receives an envelope apparently containing a postal ballot-paper the clerk shall retain the envelope unopened and in safe custody until the counting of votes.

(7) Where the clerk, after 1 pm on election day, receives an envelope apparently containing a postal ballot-paper the clerk shall mark the envelope "rejected", and the votes on that ballot-paper shall not be counted.

(1) After 1 pm on election day and as soon as voting has finished, the clerk and polling officials shall, in the presence of a scrutineer or at least one other person (not being a candidate) who was eligible to vote –

(b) open any postal ballot-papers retained by the clerk in accordance with clause 30(6) and, subject to subclause (2), add the votes on these to those counted under paragraph (a).

(2) In carrying into effect subclause (1)(b), the clerk shall set aside as an informal vote any ballot-paper where the voter has –

(a) voted for more than one candidate in the case of the election of a President, or for more than 11 in the case of an election of ordinary members; or

but a paper shall not be set aside by reason only that the voter has marked it otherwise than in accordance with clause 30(4), or has voted for fewer than 11 candidates in the election for ordinary members.

(3) The votes to decide the President of the council shall be counted first, and those to decide its ordinary members second.

(4) After counting, voting tokens shall be replaced in the container from which they came.

(5) Where the person elected President was also a candidate for election as an ordinary member, that candidacy, and the votes cast for that person in relation thereto, shall be wholly disregarded for the purposes of the count for ordinary members.

(6) The clerk shall, immediately after counting under this clause, sign a certificate stating –

(c) the number of postal ballot-papers issued, the number returned before the close of the poll, and the number of informal votes; and

(d) the total number of votes received by each candidate for election as President or ordinary member.

(1) The clerk shall, as soon as practicable after the votes have been counted, declare the result of the election by a notice displayed in the same places as the election notice.

(a) list the candidates for election as President or ordinary members stating the number of votes received by each candidate; and

(b) subject to subclauses (3) and (4), declare the candidate for President with the most votes elected as President, and the 11 candidates for ordinary membership with the most votes elected as ordinary members.

(3) If 2 or more candidates for President each received the highest number of votes, the notice under subclause (1), instead of being required under subclause (2)(b) to declare the candidate with the most votes elected, shall declare that no candidate has been elected, and that a by-election will be held accordingly.

(4) If by reason of an equality of votes between 2 or more candidates for ordinary membership the notice under subclause (1) cannot comply with subclause (2)(b) by declaring 11 candidates with the most votes elected, the notice shall instead declare as elected –

(a) any candidate or candidates who received more votes than the candidates having the equality of votes; and

(b) such number of the latter, selected by the clerk by lot, as is required to enable 11 ordinary members to be declared in all,

and the notice shall state that the members declared by virtue of paragraph (b) were selected by the clerk by lot from the candidates having the equality of votes.

Not more than 10 days after an election day the clerk shall forward to the Minister –

(1) The clerk, at any time before a candidate is declared to be elected, may, on the written request of a candidate or of his or her own motion, re-count the votes cast for each candidate.

(2) A request under subclause (1) shall contain a statement of the reasons for the request.

(1) After the counting of the votes has been completed, the clerk shall keep any postal ballot-papers in a sealed package unopened for 1 month and shall then destroy the package unopened.

(2) After the counting of votes has been completed and the relevant candidates declared elected, the clerk may remove the voting tokens from their containers and shall keep them in a secure place.

(1) If it appears to the clerk to be necessary or desirable to do so by reason of –

(c) any other event which, in the opinion of the clerk, may temporarily prevent or discourage significant numbers of voters from voting on a day set aside for an election,

the clerk may adjourn polling at an election from day to day to a maximum of 21 days beginning with the day of the election.

(2) The clerk shall take such steps as the clerk considers necessary and practicable to inform persons entitled to vote of an adjournment under subclause (1).

(3) Where polling has been adjourned under subclause (1), clause 30(6) and (7) and 31(1) shall have effect as if the references to election day were a reference to the day on which voting is finally concluded.

(1) Subject to clause 39, this clause has effect where the office of a member is or becomes vacant for any reason whatever.

(a) the office in question was, before the vacancy occurred, held by a person who was elected to it; and

(b) there is available to fill the vacancy a person who is eligible to vote and who –

(i) in the case of a vacancy in the office of President, obtained the second highest number of votes at the election in question; or

(ii) in the case of a vacancy in the ordinary membership, obtained the highest number of votes of the candidates who were unsuccessful at the election in question,

the clerk shall forthwith invite the person referred to in paragraph (b), in writing, to fill the vacancy; and if, within 7 days of the giving of the invitation, that person accepts it, the clerk shall by notice displayed at the offices of the council, declare him or her to be President or, as the case may be, an ordinary member, and shall send a copy of the notice to the Minister.

a by-election shall be held to fill the vacancy unless it arises less than 6 months before the latest day for the holding of the next election.

(4) The procedure for the calling and conduct of a by-election shall conform, as far as is practicable, with the provisions of this scheme relating to the calling and conduct of an election.

Where a new council is to be elected under this scheme and the clerk is also a member of the existing council, the Minister may appoint another person to perform the functions of the clerk in relation to that election.

(1) If all the members of the council cease to be members, or a quorum is not present on 2 consecutive occasions at the place and within 1 hour after the time specified for a council meeting, the clerk shall be deemed to constitute the council for the purposes of –

(2) Subject to this scheme, when the clerk determines under subclause (1)(a) the date of an election of a new council the date determined shall be as soon as is practicable and in any case not later than 3 months after the event giving rise to the determination.

(3) Notwithstanding subclause (2), if the period of 3 months referred to in that subclause expires during the month of September in which a general election of members would otherwise be held the clerk shall determine the date of the election to be on a day of that month.

(4) The term of office of a council elected under subclause (2) shall expire on the declaration of the result of the next election (not being a

(5) For the purposes of exercising a power of the council in pursuance of subclause (1)(b), the clerk shall appoint a person whose name appears on the electoral roll as an assistant to the clerk.

1. The Watiyawanu Community Government Scheme, under the Local Government Act and amendments made by other legislation, the details of which are specified in the following table:

Scheme	Date of approval	Date notified in the Gazette	Date of commencement
Original	14Jan 1994	21 Jan 1994	21 Jan 1994
Act No. 1, 2004	–	–	17 Mar 2004 (b)
Act No. 12, 2004	–	–	15 Mar 2004 (a)

(a) See section 2, section 2 of the Electoral Act 2004 and Gazette S6, dated 15 March 2004.

Northern Territory Repealed Regulations

WATIYAWANU COMMUNITY GOVERNMENT SCHEME