Issues Paper Number 2

ISSUES PAPER No. 2
Improving Representation

The Minister for State/Local Government Relations, the Hon. Jennifer Rankine M.P., and the President of the Local Government Association, Cr John Rich, on 20 April 2007 commissioned me to conduct a review of local government elections.

The Terms of Reference developed for this review canvas an extensive range of issues that may be categorised under three broad headings:
1. Improving Local Government voter participation
2. Improving Local Government representation; and
3. Improving the Local Government election process

Accordingly, I have produced (with the assistance of the Office for State/Local Government Relations, the Local Government Association, and a Reference Group) three Issues Papers to deal with each of these three broad topics.  This Paper, the second in the series, deals with Improving Local Government Representation.

Comments are invited on any or all of the matters raised in this Issues Paper. 

If possible, comments or submissions should be provided electronically in
(a) plain text (b) rich text format, (c) Word, or (d) HTML. 

Comments may also be made by post or fax.

Comments and submissions will be published on this Review web site: www.localgovt.sa.gov.au/electionsreview/ unless the author requests otherwise.

Closing date for comments is 10 August 2007. 

Comments should be addressed to:

Mr Shane Sody
Executive Officer
Independent Review of Local Government Elections

Email (preferred):
 Post:
 Fax:
sody.shane@saugov.sa.gov.au
 P.O. Box 8021
Station Arcade
S.A. 5000
 08 8204 8734

 

Margaret Wagstaff
Independent Reviewer
June 2007

 


Improving Local Government Representation

TABLE OF CONTENTS

 1  ATTRACTING CANDIDATES IN 2006 

       1.1   South Australian Strategic Plan
       1.2   Activities
       1.3   Results 

2  ATTRACTING FUTURE CANDIDATES

       2.1   Under-represented groups 
       2.2   Successful candidate campaign strategies 
       2.3   Measures to support candidates 
       2.4   Setting council members allowances 
       2.5   Developing civic leaders as future candidates 
       2.6   Dual Candidacy 
       2.7   Age requirement for candidates 

 

3  CONSULTATION

       3.1   Community engagement initiatives 
       3.2   Representation Reviews 

 4  QUESTIONS 

 

1  ATTRACTING CANDIDATES IN 2006


1.1   South Australian Strategic Plan


South Australia’s State Strategic Plan (SASP) 2007, adopted after widespread community consultation, has building communities, through democratic processes, as one of its key themes and declares that “participation in the political process reflects the community’s engagement in the decisions that affect us all.”  To support this theme it sets, as a target:

       T5.5 Local government elections:
       Increase voter participation in local government elections in South Australia to 50% by 2014.

The SASP Target 5.5 is the starting point for this Issues Paper and debate about the merit of the target is outside the scope of this Independent Review of Local Government elections.

Attracting more candidates to contest local government elections has been viewed as one means of achieving SASP target 5.5.  More candidates, not only means more people have an opportunity to vote, it may also be that with a wider choice of candidates, more voters are likely to find a candidate with whom they can identify or who has views similar to there own and hence they might be more likely to exercise their right to vote.

Nevertheless, the experience of 2006 demonstrates that attracting more candidates will not, on its own, increase voter participation.  Other, complementary strategies must also be adopted to encourage South Australians, especially those from under represented groups to not only nominate as candidates, but also to vote.  See Issues Paper No 1:  Improving Voter Participation.

 


1.2   Activities


The State Government’s Voter Participation and Representation Strategy, carried out in 2006, had twin goals.  It encouraged:

  • candidates to consider nominating for election, and
  • people to vote. 


Accordingly, under the Voter Participation and Representation Strategy, the Office for State/Local Government Relations established an Interdepartmental Reference Group comprising State agency representatives, and the Local Government Association, to help in:


These projects included:

  • With the support of the State Aboriginal Affairs and Reconciliation Division, updating and re-issuing a poster and brochure with Aboriginal artwork, setting out key election dates to help councils with their promotional campaigns.  This was followed up with six information sessions specifically for Aboriginal community leaders and networks to help get the message across about Local Government and the nomination process.  These were organised in liaison with host councils at Noarlunga, Port Adelaide, Berri, Port Augusta, Ceduna, and Murray Bridge;
  • Holding two information sessions with Multicultural SA’s Community Volunteers Group providing opportunities to discuss Local Government and the election process;
  • Translation of radio and media announcements and placement of advertisements in ethnic press to promote enrolment and voting dates;
  • With the support of the Office for Youth, as well as advertisements in the street press, a youth brochure promoting enrolment and nominating was widely distributed, to all councils, TAFE colleges and Youth Advisory Committees to spark an interest amongst youth in Local Government;
  • In partnership with the Messenger Press and the Country Press Association, a statewide competition entitled “My Local Council”.  School students were invited to submit a short literary piece on “What would you do if you were the Mayor/Chairperson of your Council?”

 

1.3   Results


At the close of nominations on 19 September 2006:

  • a total of 1237 candidates had nominated for 728 positions, compared with 1201 candidates for 751 positions in 2003, a 3% increase in candidates standing, resulting in a ratio of 1.7 candidates to positions compared to 1.6 in 2003;
  • 142 candidates were elected unopposed compared to 177 in 2003, and 1095 or 88.5% of candidates were due to contest elections compared to 1024 or 85.3% in 2003;
  • the number of positions unfilled due to lack of nominations, for which supplementary elections were to be required, was only one position (at the District Council of Kimba), compared to 6 positions in 4 councils in 2003;
  • 572 out of the 1237 candidates nominating (46.2%) were current council members nominating for a position (not necessarily for the same position). This compares with the 2003 Local Government Elections where 636 out of 1201 candidates nominating (52.9%) were current council members.
  • Of the 47 Mayoral positions, 35 were contested compared with 32 in 2003;
  • 338 women (27.3%) nominated for the 2006 Local Government elections, up from 313 women (26.1%) in 2003.

These were all welcome results, especially in view of the fact that the Adelaide City Council’s elections had been postponed, and previously-expressed concerns that the introduction of 4 year terms might lead to widespread lack of interest in nominating at the 2006 elections.

 


2   ATTRACTING FUTURE CANDIDATES


2.1   Under-represented groups


As noted in Issues Paper No. 1, there was a record field of candidates in the 2006 local government elections.  The proportion of women who nominated (27.3%) was also a record, albeit only a marginal increase on the proportion in 2003.  The number of successful female candidates was up to a record 29%.  This was essentially brought about by a significant increase in the metropolitan area – up to 35 per cent in the large metropolitan Councils.  But there was not an equivalent increase elsewhere.

In 2006, there was also significant progress in attracting younger candidates.

"The most constant trend in Local Government has been the “aging” of the membership.  In 2004 only 5 per cent of the members were below 45 years of age, and 44 per cent were over 60. Attracting young people has been a priority. In the 2006 survey, there was an important change: 32.4 per cent of the 1st contestants were below 45 years of age.  The extent of the change is shown by the fact that only 4.8 per cent of the incumbents were below 45 years. On the other hand, the elected membership after 2006, while “younger” that 2004, still shows that only 17.5 per cent are below 45 years of age.  That is, the “age problem” has improved, but it could be better, and will need a further inflow of younger candidates in 2010."  01

On the other hand, there would seem to have been little, if any progress, in attracting candidates from under-represented groups such as aboriginal people, persons from non-English speaking backgrounds, and non-professional workers. 

A survey of the candidates in the 2006 local government elections, by Professor Dean Jaensch of Flinders University found only 3.5% normally use a language other than English and only 3.6% of the respondents listed their occupation as trade/manual.  The election nomination form does not require a candidate to declare their race or ethnicity, and so there are no official figures about the numbers of aboriginal candidates. 

There is a challenge, therefore, to identify strategies that might be employed to attract a wider field of candidates in the 2010 and 2014 local government elections.

It has been suggested that few women are attracted to local government in part, at least, because the areas that have historically been seen as local government responsibility (road construction, drainage, erection of public buildings, garbage collection, and setting rates) do not coincide with women’s interests. 02   In some other countries local government has responsibility for matters such as education and welfare and throughout Australia local government has significant responsibility for community wellbeing.

The Office for Women has developed a resource kit for women in Local Government.  The Resource Kit (released on 16 February 2007) is designed to encourage interest amongst women in Local Government both as a career of choice and as an elected member.  The Kit contains four information sheets about Local Government, council elections, gender statistics and included testimonials from women of their experiences in Local Government.  Importantly, the Kit features a brochure to promote the recently formed Australian Local Government Women’s Association SA Branch as a supportive women’s network.

 

2.2   Successful candidate campaign strategies


The Jaensch survey of candidates from the 2006 local government elections reveals that most candidates used more than one type of campaign strategy.  But surprisingly, strong efforts in campaigning did not appear to guarantee success.  In every category, those not elected were much more active and involved, especially in door-knocking, letter boxing and media releases.  Letter-boxing was the method most favoured by candidates who were successful, but paradoxically it was favoured even more strongly by those who were not elected.03


METHOD Total %  Elected %  Not Elected %
 Worked with community groups

 39.8

38.8

 41.6
Door-knocked 

31.2

25.7

41.6
Letter-boxed

54.3

45.2

71.6
Media releases

39.4

33.2

51.3
Street Signs

18.6

16.6

22.3
Advertising

23.5

20.3

29.4
Attended “meet the candidate” function 

30.1

26.7 

36.5

     Table 1. Campaign strategies reported by 2006 candidates

Accordingly, the data does not offer much assistance for future local government campaign strategies.

 

2.3   Measures to support candidates


In 2006, the Local Government Association and the State Electoral Office made available resources to assist candidates.
These materials were:

  • “So you want to be on Council?” (LGA booklet) 04
  • Briefing session (run by Council or LGA) 05
  • Candidate Handbook (SEO) 06
  • Nomination Kit (SEO), and
  • Information from discussions with Council.

As would be expected, incumbent councillors used the resources to a lesser extent than first-time candidates.  However, of those who used one or more of these resources, a large majority found the materials either “useful”, “valuable” or “excellent”.07

Rating Booklet
%		 Briefing
%		 Handbook
%		  Kit
%		 Discussions
%

Excellent

12.9

9.7 

11.8

13.2

16.7

Valuable

22.7

18.8

26.3

31.6

19.8

Useful

33.3

24.0

34.7

33.3

24.6

Limited

7.4

8.1

9.5

9.4

10.9

Little value

4.7

5.5

5.3

5.0

6.9

Did not use 

18.9

33.8

12.5

7.5

21.1

(n=)

(528)

(494)

(527)

(531)

 (521)

  Table 2. Candidate rating of LGA/SEO 2006 candidate materials

 

Parents, especially those with a young child or children (and even moreso single parents) face daily difficulties in combining their parental duties with other obligations such as earning a living.  Relatively few appear able or willing to take on the additional responsibilities of an elected council member.


The Jaensch survey of 2006 local government election candidates revealed that only 26 percent had dependent children.  Professor Jaensch suggests that:


“…one policy area with the potential to increase the proportion of younger people offering themselves as candidates for Local Government would include provision of child care facilities, and any other means which could make the role of an elected member more attractive.”  08 

 

 

2.4   Setting council members' allowances

One factor that might either encourage or discourage a person from nominating as a candidate for local government election is the level of allowances that are payable to council members.
The current council member allowances are set down in the Local Government (Members’ Allowances and Benefits) Regulations 1999.  The model requires each council to set its own allowances, annually, from within a single prescribed range for councillor, deputy principal and principal member.  The range of allowances was reviewed in 2006, and the maximum was increased with effect from November 2006.  The range is now:

  • For a principal member (Mayor or chairperson):   $7,280  to $60,000
  • A deputy mayor (or deputy chairperson) or a presiding member of a council committee:  $2,275 to $18,750
  • Other elected members: $1,820 to $15,000


There is an argument (supported by the Local Government Association) that council member allowances should be set by an independent mechanism or body, in a manner similar to the method used to set allowances and expenses for Members of Parliament (i.e. the Remuneration Tribunal).


Successive State Government Ministers have supported the concept of an independent mechanism to set allowances, but the details have not yet been decided.  To attract sufficient support from both local government and the State Government, it is likely that such a mechanism would need to be funded by the local government sector, but also be transparently at arms length from the sector.

 

2.5   Developing civic leaders as future candidates


Assuming a role as an elected member of local government is not for everyone.  It can be a time-consuming task, which sometimes attracts more criticism than praise.  However, it can also be personally fulfilling and offers a priceless opportunity to contribute towards improving the quality of life for one’s own region.


Nevertheless, some people who are leaders within their community as volunteers, in school communities and community management committees may not consider local government as a logical extension of their diverse community roles.  They may require some encouragement and/or opportunities to recognise that they have demonstrated the skills and experience needed to become effective councillors.


Several councils (among them the cities of Playford and Salisbury) are taking part in the 2007 Mayors Community Leadership Program.


This program is not designed specifically to recruit new council election candidates.  Rather, it is intended to encourage people to create and drive change for the benefit of their region.  The program is designed to broaden participants' leadership skills, experience and networks, and build self-confidence.
 

Other councils have sponsored, or continue to sponsor a “Community Builders Program” that has a different focus, on encouraging and training people who have the capacity and the willingness to help bolster their community’s economic, social or environmental capacities.  Some of those who join a Community Builders Program might also have, or develop, capacities as leaders.


Offering either of these programs or any similar type of formal encouragement to potential leaders is a matter of discretion for each council.

 

2.6   Dual Candidacy


A person can be a candidate for only one position on the Council at the close of nominations.  09 Therefore, a serving councillor who makes an unsuccessful attempt to contest the Mayoral position at a periodic election, is lost to local government entirely.


It has been suggested that this results in the loss to local government of persons who may have valuable skills and talents.  It may also restrict the field of candidates in mayoral elections, denying the electorate the opportunity to support two or more worthy candidates at election.  WA and NSW legislation allows candidates to nominate for both Mayor and councillor positions. If the candidate is successful in the Mayoral election his or her nomination is not considered in the count for councillor.

There are several arguments against dual candidacy. 10  The main objection is that it is likely to lead to elector confusion.  A voter faced with two ballot papers that feature one or more of the same names on each paper might wish to know which, if any of the councillor candidates will be unavailable, before distributing his or her desired preferences for councillor.

Dual candidacy may encourage unnecessarily large fields of candidates contesting Mayoral elections, and even result in the election of a council comprised mainly or entirely of unsuccessful Mayoral candidates.  Finally, the introduction of dual candidacy would add to election costs, and delay results.
 

2.7   Age requirement for candidates


Under section 17 of the Local Government (Elections) Act 1999, a candidate for election cannot be less than 18 years old at the time nominations close. 

It has been suggested that 17-year-olds ought, perhaps, to be permitted to nominate as long as they will be 18 by the time that postal voting concludes.  In State and Commonwealth elections, 17-year-olds are permitted to be provisionally enrolled to vote (see also Provisional enrolment for 17-year-olds in Issues Paper No. 1).  However they are not permitted to provisionally nominate as a candidate.  11   It would be strange if provisional candidacy for 17-year-olds was permitted only in local government elections.

 

 
3   CONSULTATION


3.1   Community engagement initiatives


The quality of democratic representation in local government is not only about attracting a broad range of candidates, and successful election campaigns. 

Representation does not begin and end at elections.  It is a vital part of the day to day work of an elected member.  The role of a member of a council includes, among other things, the duty:

“… —to represent the interests of residents and ratepayers, to provide community leadership and guidance, and to facilitate communication between the community and the council.” 12

Effective regular representation by council members is likely to lead to progress towards the State Strategic Plan Target 5.5 of increased voter participation in local government elections.  Representation that effectively and regularly engages will assist people to recognise the relevance of local government  to their communities and personal well-being.

The Local Government Act 1999 gives little guidance on how this representation should be carried out.  A council must have a public consultation policy, but the minimum requirements of such a policy fall far short of an attempt at genuine community engagement:

"(a) the publication in a newspaper circulating within the area of the council a notice describing the matter under consideration and inviting interested persons to make submissions in relation to the matter within a period (which must be at least 21 days) stated in the notice; and
(b) the consideration by the council of any submissions made in response to an invitation under paragraph (a)." 13

 

The Office for State/Local Government Relations and the Local Government Association are working on a Citizen Engagement project, to research and encourage the application of models of successful citizen engagement in Local Government across South Australia.  Specifically, the project is designed to oversee the preparation of a draft Local Government Citizenship Engagement Strategy.

 


3.2   Representation Reviews


Each council is required to review its composition structure (i.e. the number of wards, if any, and the number of elected members) at least once every eight years. 14   Amendments in 2005 15 increased this period from six years to eight years, consistent with the change of council terms from three years to four years.  Since the end of 2002, few councils have completed such representation reviews. 

A notable exception is the City of Adelaide, which had its periodic election delayed by special legislation 16 to permit a representation review to be completed before, rather than after, its election.

Representation reviews require two rounds of public consultation – first on a ‘representation options paper’ and secondly on the council’s response, including any proposed changes.

The State Electoral Commissioner must certify the results of council representation reviews, but there is no schedule to spread this task over the eight-year period.  As a result, most councils tend to conduct their reviews in the same year.

  

Year 2001-02 2002-03 2003-04 2004-05 2005-06
Number of councils
completing review

9

41

0

2

17

   
 Table 3.  Council representation reviews concluded.

The Electoral Commissioner has advised that many councils submit their representation review report for certification as late as legislatively permissible, placing a great strain on the staff and resources of the office.  While this strain was manageable, with 17 reviews completed by the end of 2005, there is a foreseeable bottleneck pending in the year 2009-10.  The Electoral Commissioner advises that approximately 50 of South Australia’s 68 councils will have their representation reviews due for completion in December 2009, and Gazettal by January 2010.  This will be an election year for both the State and all local governments, and this envisaged rush of representation reviews:

“…will have a significant impact on the staffing levels within the office and consequences for State Election project planning.” 17

It would be of great assistance to the Electoral Commissioner if representation reviews could be staggered so that an approximately equal number of councils were scheduled to complete them each year.

 


4   QUESTIONS

From the matters discussed above (or any other matters) what changes should be made to:

  • encourage a broader spread of candidates for future local government elections, particularly from under-represented groups?
  • assist  successful candidates to improve the standard of their representation, and community engagement on a day-to-day basis?

In regard to specific issues:

  • What factors would be likely to increase the spread of candidates for future local government elections:

                     - The availability of child care facilities

                     - The level of allowances

                     - Community leadership programs

                     - Allowing candidates to nominate for councillor and mayor in the same election

                     - Other mentoring and support programs

  • What elements should be included in the proposed Local Government Citizenship Engagement Strategy?
  • Should representation reviews be scheduled on a rotating or staggered basis to prevent  a bottleneck where many certification reviews are submitted at the latest possible time?

 

REFERENCES

01   Jaensch, D. (2007)  Local Government Elections 2006 Candidate Survey at p.2
02   Sainsbury, D. (2001) “Rights Without Seats: The Puzzle of Women’s Legislative Recruitment in Australia.” in Elections Full, Free and Fair, M. Sawer (ed) Federation Press, Sydney at p.74
03   Jaensch, D op cit.  at p.36
04  http://www.lga.sa.gov.au/webdata/resources/files/So_you_want_to_be_on_Council_pdf1.pdf 
05  http://www.lga.sa.gov.au/webdata/resources/files/Council_Information_Sessions_Schedule.pdf 
06  http://www.lga.sa.gov.au/webdata/resources/files/Candidate_Handbook_2006.pdf 
07   Jaensch, D op cit.  at p.34
08   Jaensch, D op cit.  at p.14
09   Local Government (Elections) Act 1999 s.24
10   For a discussion of both pros and cons to dual candidacy, see:  Candidacy, Filling of Casual Vacancies and Election Campaigning by E. Gottwald and M. Kelledy (2004)
http://www.lga.sa.gov.au/webdata/resources/files/Elections_Review_Discussion_Paper1.pdf
11   Both the Commonwealth Electoral Act 1918 and the Electoral Act 1985 (SA) permit 17-year-olds to be included on the electoral roll on a provisional basis.  If the provisional enrolee turns 18 before polling day, he or she then becomes entitled to vote at the election.  However neither the Commonwealth nor State statute recognise provisional enrolment as a qualification for candidacy.
12   Local Government Act 1999 – s. 59(1)(b)
13   Local Government Act 1999 – Section 50(4)
14   Local Government Act 1999 s.12(4)
15   The Statutes Amendment (Local Government Elections) Amendment Act 2005
16   The City of Adelaide (Representation Review) Amendment Act 2006
17   Local Government Activities 2005-06 – Report on activities conducted by the State Electoral Office at p.14

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