Terms of reference

The review is to report to the Minister for State/Local Government Relations and the President of the Local Goverment Association on:

  • the effectiveness of strategies for improving participation at the 2006 Local Government elections, and further measures that could be taken to increase voter participation in Local Government elections;

  • further measures for increasing the range and diversity of candidates for Local Government election, and encouraging effective civic participation in councils;

  • any legislative or administrative improvements that can be made to Local Government election procedure and practice on the basis of experience, including ways to redress any unintended consequences of the changes made by the Statutes Amendment (Local Government Elections) Act 2005, and any matters raised by the Electoral Commissioner; and

  • other issues as appropriate and agreed between the Minister for State/Local Government Relations and the Local Government Association


The review should cover the issues identified as examples in the following appendix, but is not limited to these.
 

APPENDIX

1. Improving Local Government voter participation.

The review should examine participation experience, factors affecting participation (both generally, and any specific factors that appear to have affected participation in 2000, 2003 and 2006), the voting patterns and motivations of electors, especially in larger metropolitan councils, the effectiveness of information and promotional strategies for improving participation in 2006, and further options for improving participation.

Issues in voter education and information and election promotion include:

  • The roles of councils, the LGA, the Electoral Commissioner and OSLGR.
  • What information voters need about candidates to make a decision to vote, and how this is best provided, including –
  • suggestions that candidates should indicate political affiliations
  • the role of, and current restrictions on, the candidate profile included with postal voting papers.
  • Strategies to improve the participation of under-represented groups, including the targeting of information to specific socio-demographic groups.
  • Access to voting information in languages other than English.
  • Strategies to improve the participation of electors who are non-residential property owners/occupiers.
  • Better education and promotion on how to lodge a postal vote.

Options for changes to the basic features of the Local Government electoral scheme designed to improve participation should also be explored.  These could include:

  • Modifying mandatory postal voting and providing for attendance voting options.
  • Options for absentee voting, such as the lodging of votes at the council office, including votes relating to other council areas, and whether there is a need to make specific provision for voting papers to be sent to an elector who is absent from the area at an address other than the address on the roll.
  • Changes to the property franchise and its operation, including optional enrolment for non-resident property owners/occupiers.
  • Consideration of voluntary vs compulsory voting.
  • The potential impact of holding State and Local Government elections on the same day.
  • Having a consistent method of voting across all 3 spheres of Government.
  • Electronic voting options.

In considering options the review should take into account a range of matters including relevant democratic principles, the inter-relationships between different features of the scheme, complexity and cost/benefit. 

 


2. Improving Local Government representation.

The review should examine the effectiveness of strategies for encouraging nomination at the 2006 elections, and options for increasing the range and diversity of candidates for Local Government election, and encouraging effective civic participation in councils.  Issues under this heading include:

  • Measures to increase the number of candidates from under-represented groups such as women, young people, Aboriginal people, and non-professional workers.
  • The elements of successful candidate campaign strategies, and measures to support candidates.
  • An appropriate mechanism for setting council members’ allowances.
  • On-going programs for developing people as civic leaders who may be future council members.
  • The age requirement for standing and voting in Local Government.
  • Support for genuine consultation and community engagement initiatives in Local Government.
     


3. Improving the Local Government election process.


Issues identified in the course of the 2006 Local Government election process include:

  • Caretaker rules/conventions for Local Government to avoid councils making major decisions that would bind an incoming council, prevent the use of public resources in ways that are seen as advantaging or promoting sitting council members who are seeking re-election, or new candidates and ensure council officers act impartially in relation to candidates.
  • Current provisions for deferral of supplementary elections until the general election when a casual vacancy occurs on or after 1 January of a general election year, in cases where a number of vacancies occur and the council then operates with this reduced representation for a long period.
  • Whether “election period” needs to be defined for the purposes of electoral material.
  • Provisional enrolment for 17 year olds.
  • Strategies to improve the quality of the council’s voters roll.
  • The eligibility provisions for nomination relating to previous criminal offences, and whether candidates should be required to provide publicly accessible information about any history of serious criminal offences.
  • Considering the option for Mayoral nominations to close 2 days prior to remainder of positions, to reduce the last-minute nomination rush.
  • Closing nominations at 12:00 noon, and conducting the ballot paper draw at 4:00 pm.
  • The form in which roll data is provided to candidates.
  • The policies and practices of councils in relation to the control of election signs.
  • Effect of the current provisions relating to failure of the election due to a candidate withdrawing or becoming ineligible after close of nominations and before close of voting.
  • Optimal design of voting material to indicate its official nature and prevent it being treated as junk mail, increase the number of correctly completed declaration envelopes, and increase the number of valid votes.
  • The effect of the current timeframes, including those between the close of nominations and the issuing of ballot packs, and between the issuing of ballot packs and the close of voting, and whether there should be a reduction in the time allowed to lodge a postal vote.
  • Closing voting at 12.00 noon, not 5.00, as for supplementary elections.
  • The rate of, and reasons for, informal voting.
  • Powers to require a retraction in case of misleading electoral material.
  • Whether additional offence provisions or enforcement powers are required to deal with aspects of candidates’ conduct during campaigns.
  • Allowing for bulk exclusions in the counting process for single vacancy contests.
  • Whether a free advice service should be provided to candidates querying issues regarding the conduct of the election on, and after, polling day.
  • The clarity of provisions and procedures regarding access to a recount.
  • In relation to the results advice to CEOs, replacing “immediately” with “as soon as practicable”, to allow for recount provisions.
  • Form and timing of candidates’ campaign donations returns, and the period for which returns, and records relating to returns, must be retained.
  • Logistical problems anticipated in dealing with the certification of around 50 council reviews of representation by January 2010.

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