Western Australian Local Government Association (WALGA)

Webinar Thursday 17 August 2017.

Question and Answer Session

The following are a range of questions asked during and after the Prospective Elected Members Webinar held by WALGA on 17 August 2017:

Question 1

Is it possible for a district elector to be a non-Australian Citizen?

Answer
A claim for eligibility to be an elector of a Local Government District or Ward electorate may only occur where a person:

Is enrolled to vote as an elector for the State or Federal Electoral Roll*; and
Owns or occupies rateable property within the electorate; and
Has made a successful Eligibility Claim (claim forms are available from your Local Government).

*To be eligible for enrolment on the State or Federal Electoral Rolls you must be:

Aged 18 years or over;
An Australian Citizen (or British subject who was on the Roll between 26 October 1983 and 25 January 1985); and
Have lived at your current address for at least one month.

The Local Government Act 1995 does however provide one exception to the requirement to be an Australian Citizen, applicable only where a person has:

owned or occupied rateable property in the District or Ward electorate; and
was on the last electoral roll prepared under the Local Government Act 1960 for that electorate; and
has owned or occupied rateable property in the electorate continuously since that roll was prepared.

WALGA recommends that you contact your Local Government to confirm your eligibility.

Question 2

Can an Elected Member serve as an Office Bearer of an incorporated NFP community group that receives funding from the Council on which they serve?

(The organisation receives additional funding from other organisations, government and private so is not wholly dependant of the Council for funds.)

Answer
Yes, an Elected Member may continue to serve as an office bearer and participate in their community group connections.

As an Elected Member however, you are required to make formal declarations of interest when a matter regarding any community group with which you have a connection is considered by Council or a Committee. As such, if the conflict of interest is a financial or proximity interest the Elected Member would be required to disclose the interest and be excluded from participating in the debate and from voting (must leave the meeting during consideration of the matter). If there is no financial interest arising from the matter, then the Elected Member would be required to disclose an Impartiality Interest, which would be recorded in the meeting minutes, and the Elected Member could remain in the meeting, participate in debate and can vote on the matter.

Question 3

Does being a Shire appointed voluntary officer (eg Fire Control Officer) prohibit me from being a Councillor?

Answer
No. A voluntary statutory appointment does not prevent you from holding office as an Elected Member. When fulfilling your Elected Member responsibilities you would however, be required to disclose any conflict of interest arising from your voluntary position.

Question 4

Can an employee of one Local Government nominate for election as a Councillor for another Local Government?

Answer
Yes. A person may work as an employee of one Local Government and be an elected member of another Local Government. They cannot however, be both an employee and an elected member of the same Local Government.

Question 5

What is the situation where an elected Councillor relocates their residence to another Local Government area during their term? Are they required to resign?

Answer
Provided the Elected Member retains their eligibility as an elector of the District, they may remain in office despite relocating their residential address to outside the District. Eligibility as an elector of the District would continue if the Elected Member retains ownership of rateable land within the District or has a legal right to occupancy of rateable land within the District and makes a successful Eligibility Claim for enrolment on the Owner / Occupier Roll before their residential status changes.

If however, the Elected Member no longer meets the eligibility requirements as an elector of the District, then they will be disqualified from holding office. In this circumstance the Elected Member should initiate their resignation, as in the absence of a resignation, the CEO of the Local Government would be required to declare the Elected Member as disqualified.

Question 6

Is there a minimum education requirement (ie year 12 certificate) to be a Councillor?

Answer
No. The Local Government Act 1995 does not require a minimum education standard in order to be an Elected Member.

Question 7

How can I definitively find out if I'm eligible to stand?

Answer
Contact either:

Western Australian Electoral Commission ( Check Your Enrolment online or email or phone 13 63 06); or
You phone your Local Government;

to confirm your eligibility status.

Question 8

Considering section 5.36 of the Local Government Act 1995, does an intern have the same definition as employee? If a student is undertaking an unpaid internship, will they be able to nominate for Council?

Answer
An intern would be considered an employee for the purposes of the Occupational Safety and Health Act and considered an employee of the Local Government under the Local Government Act 1995. Section 2.26 of the Local Government Act 1995 specifies that a person’s employment with a Local Government terminates when the person begins their term of office as an elected member.

Question 9

Can candidates be supported by political parties (for example, in getting advice or help in fundraising)?

Answer
Yes. There is no restrictions in the Local Government Act 1995 preventing a candidate obtaining advice or volunteer assistance in their campaign.

Candidates are however prohibited from receiving gifts (a conferral of property or financial benefit) from unidentified donors. In addition, a Candidate and the Donor of any gift, or 2 or more gifts, valued more than $200 worth must make a formal disclosure of the gift. Failure to disclose a relevant electoral gift is an offence under the Local Government Act 1995.

Question 10

Do candidates (who are supported by political parties) have to publicly declare it?

Answer
There is no requirement under the Local Government Act to declare affiliations with political parties. It is completely at the discretion of each Candidate as to what they wish to disclose during their campaign.

It is however important to note, that once elected to Council each Elected Member is required to participate in debate and vote in a manner that demonstrates representation of the interests of the electors, ratepayers and residents of the entire District. Voting in Local Government matters should not be based upon factional or party lines.

Question 11

Do you have to be Councillor first before standing out as Mayor/President?

Answer
There are two different scenarios that may be relevant when answering this question, dependent on the method used by your Local Government to elect the President / Mayor:

If your Local Government has an Elector President / Mayor (popularly elected by the community), then a person Nominating for election as the President / Mayor does not have to be a sitting Councillor for that District.

If however, your Local Government has a Council Elected President / Mayor (elected by the Council from amongst the elected Councillors), then yes, you must have been elected to the Council before you can nominate for election as President / Mayor.

Check with your Local Government to confirm which method is used for the election of President / Mayor in your District.

Question 12

Can someone who is a public servant and works for the State Government nominate for election to Council?

Answer
Yes. Only a Member of Parliament is disqualified under s. 2.23 of the Local Government Act 1995 from being an elected member. A public servant is not prevented from Nominating for Local Government Elections.

Question 13

What would be the next step if we were interested in becoming a Councillor?

Answer
A person interested in becoming a Councillor can access some useful information on the Department of Local Government’s website concerning standing for Council. These resources may be accessed at on the DLGC website.

You may also seek to make an appointment with your Local Government’s Returning Officer to discuss standing for Council and to ensure that you have all the necessary information you need to make an informed decision on whether to Nominate for election to Council.

Question 14

Do the “written and authorised by” declaration and the printers street address need to be on both sides of a campaign flyer or can it just be at the end of the second page?

Answer
Section 4.87 of the Local Government Act 1995 requires that the “written and authorised by” declaration and the name and street address of the printer, must appear at the end of election material.

Question 15

What are the rules about using social media to declare that you intend to run for Local Government and seek support?

Answer
Any election material published, must comply with the requirements of section 4.87 of the Act as detailed above, and this includes social media postings.

The Western Australian Electoral Commission website provides some useful guidance under the heading Authorisation of Election Campaign Material. For further guidance, contact the Returning Officer for your Local Government District.

Question 16

What do you suggest are the best avenues for connecting with voters during election time?

Answer
Each Candidate’s election campaign is entirely at their discretion and will vary dependent on the issues that they wish to address with their community, the Candidate’s campaign budget and the extent of volunteers that they have involved in their campaign.

Question 17

Sometimes Councillors are elected unopposed - does this literally mean not one vote against them?

Answer
To be elected unopposed means that a person was the only candidate for the vacant position on Council. If there were four vacancies on Council and only four people nominate for election, there is no requirement for a vote to be undertaken as each of the nominated candidates would be elected unopposed to the four vacant offices on Council.

Question 18

I have seen people advertising on Facebook that they are running for a Council yet they have not officially nominated and been accepted by the Returning Officer. Is this legal? Does it breach of any electoral laws?

Answer
A person may state that they intend to run for Council prior to the Returning Officer accepting a formal nomination. It is not a breach of the electoral laws.

Question 19

How do I find out what Band our Council is in?

Answer
The Salaries and Allowances Tribunal determines the bands for Local Government in an annual Determination. Follow this link to the Salaries and Allowances Tribunal 2017 Local Government Determination - Schedule 1 sets out the bands for each Local Government.

Question 20

The Salaries and Allowances Tribunal Determination includes quite a range in the allowances paid to Elected Members - how are the allowances in each "band" determined?

Answer
The Salaries and Allowances Tribunal Determination outlines their methodology for determining Elected Member allowances within the different bands for each local government. Follow this link to the Salaries and Allowances Tribunal 2017 Local Government Determination – the Preamble section of the Determination details the methodology.

Question 21

Isn't it a conflict of interest that the Council vote on the amount they will pay themselves within a band?

Answer
The Local Government Act 1995 (s.5.63(1)(c)(i)) exempts Elected Members from having to disclose interests arising from consideration of statutory fees and allowances. This enables Elected Members to participate and vote on matters associated with the setting of statutory fees and allowances and ensures that the Council is able to make decisions on these matters in accordance with the Act.

Question 22

If there are two Councillors per Ward how are the duties divided up? Or is it up to the individual Council to decide?

Answer
A Councillor who is elected in a District that is divided into Wards, is obligated under section 2.10 of the Local Government Act 1995 to represent the interests of the electors, ratepayers and residents of the entire District.

In accordance with this requirement under the Act, it is therefore inappropriate for a Councillor to act only in the interests of electors, ratepayers or residents of a particular Ward. Councillors are required to act, at all times, in the best interests of all people within the entire District.

The Council may however decide, where deemed appropriate, to designate a Councillor to represent the Council in fulfilling particular duties i.e. represent the Council at a particular event, on a community group or an external board.

Question 23

How many Council meetings or sessions take place each month?

Answer
The number of Council meetings, briefing sessions and committee meetings are determined by each individual Local Government each calendar year and the schedule will be specific to the needs of that Local Government’s business and community.

Some Local Governments may have a meeting cycle that requires Councillors to attend a Council meeting once per month, others may have two Council meetings per month. The Local Government Act 1995 does not state a maximum number of meetings per year, but it does require that a Council meeting must be held not more than three months apart. Contact your Local Government to find out how many meetings and other briefing sessions they hold per month for Elected Member participation.

Question 24

How long is a Councillors term (time served in Councillor role)?

Answer
A Councillor elected in an ordinary election is elected for a four year term.

Question 25

What happens if you can’t serve out your four year term?

Answer
If an Elected Member resigns or becomes disqualified at any point within their four year term, then the Local Government is required to hold an extraordinary election to fill the vacancy.

That is, unless:

The vacancy has occurred on or after the 3rd Saturday in July prior to an Ordinary Election. Then extraordinary election can be consolidated to occur concurrently with the Ordinary Election. OR
The Council of the Local Government makes a decision to request the Minister for Local Government to allow the Office to remain vacant until the next ordinary election.

Question 26

What if you or a family member are sick or you have other commitments that prevent you from attending a meeting?

What if you need to take extended leave from Council how is this dealt with?

Answer
It is important that you advise your apology in writing (email will do) to the CEO and the Presiding Member where you are unable to attend any individual meeting. The President / Mayor is the Presiding Member for Council meetings and the Councillor appointed as Presiding Member for a Committee.

Recording your formal apology is important, as section 2.25 of the Act states that if an Elected Member fails to attend 3 or more consecutive meetings, without an approved Leave of Absence, the Elected Member is disqualified from holding office.

Where an Elected Member becomes aware that they will need to be absent from several consecutive meetings (Hey! We all need a holiday ☺), the Act requires the Elected Member to apply to Council for a Leave of Absence. The Council is required to consider the request and make a decision to approve (or otherwise deal with) the request.

Council may grant leave for 6 consecutive ordinary meetings of the Council, any more requires the approval of the Minister, unless all of the meetings are within a period of 3 months. A Councillor who is absent, without obtaining leave of the Council throughout 3 consecutive ordinary meetings of the Council is disqualified, unless all of the meetings are within a 2 month period. Where a Council holds 3 or more ordinary meetings within a 2 month period, and the Councillor is absent without leave, the Councillor is disqualified.

Question 27

What time commitment is require of Elected Members for Council meetings, briefing sessions, preparation and other duties if we are successfully elected?

I work full time and am also studying an MBA, should I wait until I’ve finished study before considering running for Council?

Answer
The amount of time spent at meetings and the commitment required as a Councillor will vary depending on the Local Government.

Elected Members must ensure that they have sufficient time for reading and understanding meeting agendas in addition to actually attending meetings. The business that is required to be transacted by the Council is often unpredictable as the Council must necessarily respond to community needs and the Local Government's functions under law. Therefore the reading load can be substantial at times and may not always be compatible with other personal commitments.

Contact your CEO to discuss time commitment expectations relevant to your Local Government.