Council boundary changes and representation reviews
Chapter 3 of the Local Government Act sets out provisions for the creation of a new council in an area where there is no existing council, and for changes to existing council boundaries. It also provides for councils to regularly review their representative structure and for public initiated submissions for boundary changes or representation reviews.
Frequently asked questions about council boundaries and representation reviews:
1. How is a new Council created?
Councils are created by a proclamation of the Governor. The creation of a new council in an area where there is no existing council can only be proclaimed by the Governor on the basis of an address from both Houses of Parliament.
2. How are changes made to boundaries of existing councils?
Councils are created, abolished, amalgamated with another council or councils, or have their external boundaries altered, by a proclamation of the Governor.
All proposals affecting external boundaries of existing Councils must be referred to the Boundary Adjustment Facilitation Panel - an independent body constituted under the Local Government Act – to consider proposals and make recommendations to the Minister for State/Local Government Relations.
The Minister cannot initiate changes to council boundaries.
The Boundary Adjustment Facilitation Panel has no power to initiate its own proposals (except in the limited circumstances of recommending an alternative proposal after inquiring and consulting on an initial proposal submitted by Councils or based on a submission from electors).
3. How do Councils amalgamate or alter their external boundaries?
Proposals for amalgamating, abolishing or altering the external boundaries of councils can be initiated by all councils affected by the proposed structural change acting jointly.
The Boundary Adjustment Facilitation Panel has prepared and published guidelines to assist councils and the public in the formulation, development or implementation of boundary adjustment proposals. The Local Government Act contains detailed procedures to be followed by the Panel in considering a proposal, including community and council consultation, and the principles the Panel should take into account in arriving at its recommendations.
The Panel refers its report and recommendation to the Minister for State/Local Government Relations to consider. The Minister/Government can:
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Accept the recommendations of the Panel and, where appropriate, make arrangements for proclamation by the Governor;
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Where the Panel recommends a Council initiated proposal for structural change should not proceed, substitute a positive recommendation with the consent of all affected councils; or
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Determine not to proceed to proclamation of changes recommended in a Panel Report. Where this occurs, reasons for such a decision must be explained in a report tabled in both Houses of Parliament.
4. Can the public initiate submissions for boundary change?
Not less than 20 “eligible electors” can make a submission to alter the external boundaries between councils or change a council boundary to include an area which is not part of any council.
“Eligible electors” are those entitled to vote in Local Government elections within the area that wants to “move”. They also include those within the council it wants to move to, or persons residing outside the council area and who wish to be included in a council.
“Public initiated” proposals must first be submitted to the council/s concerned for consideration and response. Councils have 10 weeks in which to consider a proposal. If the proposal is supported by the councils they may submit a joint council initiated proposal to the Board. If the proposal is supported by neither council, or the electors are dissatisfied with the decision, they can then make a submission to the Panel which will decide whether or not it appears appropriate to proceed with the proposal itself based on the electors’ submission.
5. How is a council’s representative structure determined?
A council’s internal representative structure may be composed of a single area with area councillors, be divided into wards (electoral districts) with ward councillors and, if it chooses, additional area councillors. A council can choose to have a principal member who is a Mayor elected by the whole area, or a Chairperson elected by council members from amongst themselves.
Changes to a council’s representative structure may form part of broader proposals for changes to external boundaries, but in any case must be reviewed regularly.
Again, the Minister cannot initiate changes to Councils’ representative structures. The Boundary Adjustment Facilitation Panel has no power to initiate its own proposals (except in the limited circumstances of recommending an alternative proposal after inquiring and consulting on an initial proposal submitted by councils or based on a submission from electors).
6. How and when is the representative structure of a Council reviewed?
All councils are required to review all aspects of their representative structure at least once every eight years, but a review of a council’s internal representative structure may be initiated earlier by a number of mechanisms.
The council itself can decide to review any aspect of its representative structure at any time – number and type of councillors, type of principal member, wards and ward boundaries.
The Electoral Commissioner may require a council to conduct an earlier review if the number of electors represented by a councillor varies from the ward quota by more than 20%.
Members of the public who are electors for a council can make a submission to the Boundary Adjustment Facilitation Panel for a change in the composition or ward structure of a council. The submission must be made to the council first and the council may decide to conduct a representation review, but if the electors are dissatisfied with the council’s response they may make their submission to the Boundary Adjustment Facilitation Panel.
The council must give public notice of a review and the notice must contain an invitation to interested persons to make written submissions.
At least six weeks must be allowed for written submissions. Any person making a written submission must be given the opportunity to be heard by the council or a council committee
On completion of a review the council must prepare a report on the public consultation undertaken and any proposal that the council considers should be carried into effect, including, where relevant, the reasons for not proceeding with proposals arising out of public consultation.
Councils must refer representation review reports to the Electoral Commissioner for certification that the statutory requirements for such reviews have been met. If so, these changes can be implemented by notice in the Gazette and take effect at the next general election. If not, the Electoral Commissioner refers the report back to council for appropriate action or alteration.
The Electoral Commissioner is empowered to take appropriate action where a council fails to undertake a required representation review or fails to take appropriate action on a representation review report
7. What happens in the case of a Public–Initiated Representation Review?
The process for a public initiated representation review is similar to that of a review of external boundaries. A minimum of 20 “eligible electors” can make a submission to review the internal boundary of a council.
“Public initiated” proposals must first be submitted to the council/s concerned for consideration and response. Councils have 10 weeks in which to consider a proposal. If the council supports the proposal it may conduct its own review as previously outlined.
If the council does not support the proposal and the electors are dissatisfied with the decision, they can then make a submission to the Boundary Adjustment Facilitation Panel. The Panel can decide whether or not it appears appropriate to conduct its own review based on the electors’ submission.
8. Where can I obtain a copy of the Boundary Adjustment Facilitation Panel guidelines?
Guidelines and information sheets for making a boundary adjustment submission can be obtained from the Boundary Adjustment Facilitation Panel by downloading them from the Panel's webpage at http://www.localgovt.sa.gov.au/BAFP_index.html or by contacting the Panel direct on 8204 8700.