ELECTORAL REPRESENTATION OPTIONS PAPER ALEXANDRINA COUNCIL · ELECTORAL REPRESENTATION OPTIONS...

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ELECTORAL REPRESENTATIONOPTIONS PAPER

ALEXANDRINA COUNCIL

DRAFTREPRESENTATION OPTIONS PAPERFor Electoral Representation Alexandrina CouncilFebruary 2013

ALEXANDRINA COUNCIL Representation Options PaperDraft

Alexandrina Options Paper - 2014

Contentso Overview - The Need for Reviewo Review Criteriao Chairman or Mayor as the Presiding Membero Ward Councillors or Whole of Area Councillorso Enough Members?o Allowing for Population Growtho Communities of Interesto Geographical Boundaries and Barrierso Ward Optionso Ward Descriptions and Ward Nameso Consultation Programo Suggested Timeframe and Key Dateso Attachments and References

Attachment 1 Current Ward Structure (2010) Attachment 2 Localities or streets affected by Option 2 Attachment 3 Localities or streets affected by Option 3 Attachment 4 Sec.12 Local Government Act, 1999 – Powers of Council and Representation

Reviews, Composition and Wards, and Summary of Public Noticeso Maps

Map 1 Current Wards Map 2 Proposed boundary change between Nangkita Kuitpo and Pt Elliot-Middleton

Wards and the Strathalbyn and Angas Bremer Wards – Option 2 Map 3 Strathalbyn Ward merged with western portion of Angas Bremer with 3

councillors with the balance of Angas Bremer having 1 councillor – Option 3 Map 4 Creating 3 wards providing 10 councillors – Option 4 Map 5 Creating 3 wards providing 10 councillors – Option 5

o Tables Table 1 Electoral Representation changes 2009 - 2010 Table 2 Current Ward Distribution and Electoral Representation Table 3 Representation comparisons with other councils of similar size Table 4 Ratio of reducing Councillors per Electors (provisional January 2013) Table 5 Alexandrina Council Population Census Forecast 2001 - 2031 Table 6 Electoral Representation January 2013 Table 7 Representation Quotas for a reduced number of councillors (no wards) Table 8 Adjustments to retain existing ward structure of 11 councillors Table 9 Adjusted ward system 11 councillors existing representation Table 10 Modified 5 ward system with 1 Angas Bremer and 3 Strathalbyn members Table 11 Creating 3 wards providing 10 councillors Table 12 Creating 3 wards providing 10 councillors adjusting Nangkita/Pt Elliot Table 13 Creating 3 wards providing 9 councillors – [subject to arbitrary division]

o References Local Government Act, 1999; Local Government (Elections) Act, 1999 and Regulations Electoral Commission SA, Annual Report, 2010-2011 and LG Elections 2010 ABS, Census 2011, and various Census Profiles and Reports LGA of SA, Undertaking a Local Govt. Representation Review in SA, Dec 2008 Prof Dean Jaensch AO, Local Govt. Periodic Review of Representation – Issues Paper,



OVERVIEW

The Need for Review

Council is required to undertake a review of electoral representation before the next periodic election in2014 as part of a scheduled review of all Councils in South Australia. The review must be completed andgazetted before December 2013.

Recent changes to the enrolment provisions of the Local Government (Elections) Act, 19991 require “non-resident” ratepayers and owners to apply for enrolment entitlements. This has significantly altered theelectoral rolls for Alexandrina Council (and other Councils with high proportions of non-resident owners)2.

The changed enrolment provisions have caused the electoral structure of Alexandrina Council to be outsideof the permitted tolerances prescribed under the (Local Government) Act. This options paper must addressthe electoral representation quota variations as part of the review process.

The attached table highlights the extent of the changes in the 2010 Election Supplementary Roll. Theimpact of the participation rates of “non-resident” ratepayers enrolment has significantly changed thenumber of electors contained in the Supplementary Roll and has therefore affected the Voter ratios. Thisissue will have significant implications on ward structures as they are being considered in the Review andwill be referred to further in the topics of “Wards or No Wards”, “Enough members” and “Ward Options”

ELECTION 2010 Actual

Aug 2010. WARD NAME Crs. HA % VarySupp

Enrolment Voters Ratio/Cr % VaryS/O GRP Corp Total Participation

1 Nangkita Kuitpo 1 1,931 21.9% 11 10 9 30 5.95% 1,961 1,961 19.2%2 Strathalbyn 2 3,907 23.3% 13 20 5 38 5.17% 3,945 1,973 19.9%3 Angas Bremer 2 3,078 -2.8% 45 43 22 110 7.86% 3,188 1,594 -3.1%4 Pt Elliot Middleton 2 2,598 -18.0% 75 88 30 193 9.63% 2,791 1,396 -15.2%5 Goolwa Hindmarsh Island 4 5,911 -6.7% 114 149 38 301 9.24% 6,212 1,553 -5.6%

11 17,425 1,584 258 310 104 672 8.50% 18,097 1,645Actual

Aug 2009. Electoral Review 2009 Crs. HA Full Supplementary Roll Entitlements Voters Ratio/Cr % VaryWARD NAME S/O GRP Corp SUPP

1 Nangkita Kuitpo 1 1,931 151 262 91 504 2,435 2,435 5.75%2 Strathalbyn 2 3,907 231 397 107 735 4,642 2,321 0.80%3 Angas Bremer 2 3,078 465 729 206 1,400 4,478 2,239 -2.76%4 Pt Elliot Middleton 2 2,598 663 1,116 226 2,005 4,603 2,302 -0.05%5 Goolwa Hindmarsh Island 4 5,911 1,049 1,887 323 3,259 9,170 2,293 -0.44%

11 17,425 2,559 4,391 953 7,903 25,328 2,303Potential

SUPP

ALEXANDRINA COUNCIL

Table 1 Electoral Representation Changes 2009 – 2010

1 L.G. (Elections) Act, 1999 Part 4 Section 14 (1) Qualifications for Enrolment2 ECSA Annual Report pp26 LG Elections – Election Summary [reduction in voter numbers]



Jan 2013 Provisional

WARD NAME Crs. HA LG Voters Ratio/Cr % Vary

1 Nangkita Kuitpo 1 2,002 30 2,032 2,032 19.5%2 Strathalbyn 2 4,086 43 4,129 2,065 21.4%3 Angas Bremer 2 3,114 124 3,238 1,619 -4.8%4 Pt Elliot Middleton 2 2,672 208 2,880 1,440 -15.3%5 Goolwa Hindmarsh Isl. 4 6,091 330 6,421 1,605 -5.6%

11 17,965 735 18,700 1,700

ALEXANDRINA COUNCIL

Table 2 Current Ward distribution and Electoral Representation

Review CriteriaThe following extract from the Local Government Act,1999 provides the principles that must be addressedduring a review of electoral representation for the area.

Division 3 —Principles

26—Principles(1) The Panel should, in arriving at recommendations for the purposes of this Chapter (but taking into

account the nature of the proposal under consideration), have regard to—(a) the objects of this Act; and(b) the roles, functions and objectives of councils under this Act; and(c) the following principles:

(i) the resources available to local communities should be used as economically aspossible while recognising the desirability of avoiding significant divisions withina community;

(ii) proposed changes should, wherever practicable, benefit ratepayers;(iii) a council should have a sufficient resource base to fulfil its functions fairly,

effectively and efficiently;(iv) a council should offer its community a reasonable range of services delivered

on an efficient, flexible, equitable and responsive basis;(v) a council should facilitate effective planning and development within an area,

and be constituted with respect to an area that can be promoted on a coherentbasis;

(vi) a council should be in a position to facilitate sustainable development, theprotection of the environment and the integration of land use schemes;

(vii) a council should reflect communities of interest of an economic, recreational,social, regional or other kind, and be consistent with community structures,values, expectations and aspirations;

(viii) a council area should incorporate or promote an accessible centre (or centres)for local administration and services;

(ix) the importance within the scheme of local government to ensure that localcommunities within large council areas can participate effectively in decisionsabout local matters;



(x) in considering boundary reform, it is advantageous (but not essential) toamalgamate whole areas of councils (with associated boundary changes, ifnecessary), and to avoid significant dislocations within the community;

(xi) residents should receive adequate and fair representation within the localgovernment system, while over-representation in comparison with councils of asimilar size and type should be avoided (at least in the longer term);

(xii) the importance within the scheme of local government that a council be able toco-operate with other councils and provide an effective form of government tothe community;

(xiii) a scheme that provides for the integration or sharing of staff and resourcesbetween two or more councils may offer a community or communities a viableand appropriate alternative to structural change options; and

(d) the extent and frequency of previous changes affecting the council or councils under thisChapter or the repealed Act.

(2) The Panel should, so far as is relevant, give preference to structural changes that enhance thecapacity of local government to play a significant role in the future of an area or region from astrategic perspective.

General Provisions33 – Ward Quotas

(1) In addition to the other requirements of this Chapter, the following matters must be taken intoaccount, as far as practicable, in the formulation of a proposal that relates to the boundaries of award or wards:

(a) the desirability of reflecting communities of interest of an economic, social, regional orother kind;

(b) the population of the area, and of each ward affected or envisaged by the proposal;(c) the topography of the area, and of each ward affected or envisaged by the proposal;(d) the feasibility of communication between electors affected by the proposal and their

elected representatives;(e) the nature of substantial demographic changes that may occur in the foreseeable future;(f) the need to ensure adequate and fair representation while at the same time avoiding over-

representation in comparison to other councils of a similar size and type (at least in thelonger term).

(2) A proposal that relates to the formation or alteration of wards of a council must also observe theprinciple that the number of electors represented by a councillor must not, as at the relevant date(assuming that the proposal were in operation), vary from the ward quota by more than 10 percent.

(3) The 10 per cent tolerance referred to in subsection (2) may be exceeded if, on the basis ofdemographic changes predicted by a Commonwealth or State government agency, it appears thatthe ward quota will not, as at the next periodic elections, be exceeded by more than 10 per cent(the relevant date in this case being the date of the next periodic elections).

ALEXANDRINA COUNCIL Electoral Representation Options Paper


Chairman or Mayor as the Presiding Member

Consideration must be given to the structure of the Council in regard to the Presiding Member. Theoptions being

o A Presiding Member elected from the whole of the area as the Mayor.

o A Presiding Member nominated from within the elected members as either the Chairman orMayor.

Mayor as the Presiding Member

The title of Mayor is recognised globally as a community’s leader and spokesperson.

Mayoral elections for the whole of the area require a full electoral roll and, if contested, require a fullmail-out of material compared with ward elections. If a Presiding Member was elected from within theelected ward members there could be potential savings in the election costs if there were only partialelections. The average cost per council for contested elections is in the order of $4.00 per elector3.

A Ward system therefore also has the benefit of running single ward (and partial) elections in the caseof a by-election however there are certain provisions within the LG Act to cover casual vacancieswithout having to go to an election.

Electing a Presiding Member from within the elected members is the same principle used by Federaland State Governments in Australia. This reflects a “Westminster” protocol of governance of selectinga spokesperson or leader from within the elected group. Under previous legislation the title ofChairman was directly related to the constitution of the council, specifically it was reserved for DistrictCouncils as compared with Cities and Municipalities.

The Mayor elected from the whole of the area represents the wider interest of the communities withinthe Council area. Chairman is elected by Councillors (Area or Ward Councillors) present at the firstmeeting of Council. Voters may suggest they do not have a direct say in the selection of the Chairmanas Presiding Member and spokesperson for their area.

The title of the Presiding Member is important and should reflect the status that the role has within thecommunity. While the majority of South Australian councils have Mayors, at present 18 rural councilsare continuing with a Chairman (or Mayor) elected by the ward councillors.

It should be noted that if a Final Report for Electoral Representation proposes that the composition ofcouncil be altered so that council will have a chairman rather than a mayor, or vice versa, then theproposal cannot proceed unless or until a poll has been conducted in accordance with the Act4

3 ECSA Annual Report 2010-2011 – [derived from Income from LG contested elections]4 Div.2 – Powers of Council and Representation Reviews, Section 12 – Composition and wards, sub-sections (11a) to (11d)



Casting vote / Deliberative vote

The roles of a Mayor and a Chairman are identical in every respect in terms of meeting protocolsexcept that a Mayor has only a casting vote on any council decisions where the voting is tied, whereasa Chairman has deliberative vote in their own right as a Councillor on all council decisions.

As the Mayor’s casting vote is usually used to determine tied voting in council decisions, someCouncils have opted for an odd number of (deliberative voting) members to reduce the incidence of theMayor having to use a casting vote. This could help to streamline the decision-making processes of acouncil meeting.

Ward or Whole of Area Councillors

The discussion of Area or Ward Councillors also incorporates consideration of the fundamentalprinciples of the Review in respect to efficient and effective representation of the electorate includingthe number of representatives that will provide adequate and fair representation. These principles arecentral to discussion in the topics of “Wards or Whole of Area Representation” and “Enough Members”.

The question of continuing with a ward system must be considered in view of the following principles. proposed changes should, wherever practicable, benefit ratepayers; a council should reflect communities of interest of an economic, recreational, social,

regional or other kind, and be consistent with community structures, values, expectationsand aspirations;

the importance within the scheme of local government to ensure that local communitieswithin large council areas can participate effectively in decisions about local matters;

residents should receive adequate and fair representation within the local governmentsystem, while over-representation in comparison with councils of a similar size and typeshould be avoided (at least in the longer term);

Alexandrina Council has a diverse community with population centres concentrated along the coastaland riverine areas as well as having rural hubs of Mt Compass, Strathalbyn and Langhorne Creek.The concept of not having wards has a potential to concentrate representation from the larger urbancentres and proportionately dilute representation from the less populated areas.

The issue for Alexandrina Council is the disproportional growth within its wards of the coastal areasand of the rural areas. This resulted in the recommendation for an additional member for the Goolwa-Hindmarsh Island Ward in a previous review to allow for the higher voter growth rates in the coastaltowns.

The current ward system has been in place since amalgamation in 1997 and has not required anysignificant adjustments except for the additional member in Goolwa-Hindmarsh Island.



Area Councillors

Almost half (48%) of Local Government in South Australia comprise of Area Councillors however allexcept 3 metropolitan councils are divided into wards. Most large rural urban centres in SouthAustralia have Area Councillors because of the obvious concentration of voters with strong regionalcommunities of interest.

The advantages includeo Potentially there may be a less parochial approach to matters.o Communication and consultation may be more efficiently served for whole of area interests.o Members tend to be more experienced and have a wider understanding of matters and can

assist the Mayor and other elected members in their roles.

The disadvantages includeo Area councillors may be less effective in serving a broader area.o Smaller interest groups and communities may not have equitable representation.o Ward councillors no longer are required to be an elector for the ward they represent and so the

traditional role of ward councillor has changed.o A contested area council election is over the whole of the council an as such incurs a

considerable cost to an election.o There is no guarantee that an area councillor will not act parochially.o The cost of a candidate contesting an area election may prohibit a person running for the

position and so could potentially reduce the field and quality of candidates.o An area councillor has no additional entitlements or status than that of a ward councillor.

A Mix of both Ward and Area CouncillorsConsideration should be given to a council comprising of a mix of Area Councillors and WardCouncillors. Section 52 of the Local Government Act, 1999 provides for a council to elect membersfrom a ward or from the area at large (as in a mayoral election) regardless of whether or not the area isdivided into wards. The City of Adelaide is the only Local Government authority that has a mix of bothWard and Area Councillors (formerly referred to as Aldermen).

Enough Members?Representation of 12 members was maintained after the last review being The Mayor as PresidingMembers and 11 Ward Councillors. The current ratio based on 18,700 voters for 11 Councillors is1,700 voters per councillor. The following table is a comparison of Alexandrina Council to similarcouncils throughout the State and near region.



Representation Quotas 2011-2012, LGA SA [extract]As at 29th Feb 2012

inc Mayor

Council ElectorsTotal

MembersRep'nQuota

Mayor orChair Wards

AreaCrs ACLG*

Area SqKlm

Alexandrina 18,511 12 1,542 M 5 - RAV 1,826Barossa 16,203 12 1,350 M - - RAV 891Berri Barmera 7,173 9 797 M - - RAV 507Copper Coast 9,808 11 891 M - - RAV 776Light Regional 9,555 11 868 M 4 - RAV 1,273Loxton Wakerie 8,052 11 732 M - - RAV 7,964Murray Bridge 12,865 10 1,286 M 3 - RAV 1,824Port Pirie 12,130 11 1,102 M - - RAV 1,783Victor Harbor 11,184 10 1,118 M - - RAV 386Wattle Range 8,589 12 715 M 4 - RAV 3,947Yorke Peninsula 9,385 12 782 M 3 - RAV 5,928Coorong Council 3,951 9 439 C 3 - RAL 8,863Kangaroo Island 3,421 10 342 M - - RAM 4,432Mount Barker 20,682 11 1,880 M 3 - URS 593Yankalilla 3,721 9 413 C 2 - RAM 757

* National Australian Classifications for Local Government (ACLG) LabelsRAV - Rural Agriculural Very LargeRAL - Rural Agricultural LargeRAM - Rural Agricultural MediumURS - Urban Regional Small

Table 3 Representation comparisons with councils of similar size (including near region)

Limitations of the Number of Elected Members

The Act has suggests that Council look at reducing the number of elected members if there are morethan 12 members on council (not including the Presiding Member).

Section 12 sub-clause (6) of the Local Govt. Act

(6) The representation options paper must examine the advantages and disadvantages of thevarious options that are available to the council under subsection (1) (insofar as the variousfeatures of the composition and structure of the council are under review) and, in particular(to the extent that may be relevant)—

(a) if the council is constituted of more than 12 members—examine the question ofwhether the number of members should be reduced; and

(b) if the area of the council is divided into wards—examine the question of whetherthe division of the area into wards should be abolished, (and may examine such otherrelevant issues as the council or the person preparing the paper thinks fit).



Reducing the Number of Elected Members

The Principles of the Review require a Council to consider if the proposed representation is efficientand effective will it deliver adequate and fair representation of the electorate?

Reducing the number of members could reduce the costs and therefore provide economic efficienciesin representation but could this have a detrimental impact on the effectiveness of representation?

Considering that local government elected members are essentially volunteering to represent theircommunities is it reasonable to expect greater work loads on fewer councillors for the sake ofefficiencies? Will a reduction of councillors result in adequate representation of the various interests ofits communities? In comparing representation ratios from councils of a similar size and from within itsregions it would appear that Alexandrina Council has the highest elector/councillor ratio but also has 11members (not including the Mayor). (Refer to Sec.12 LG Act, 1999 above in respect to number of members).

Reducing the number of the existing elected members has a considerable impact on the existing wardboundary structure if wards are to be retained. The reason being is that the demographic voter mass isconcentrated in the coastal areas and in Strathalbyn with both of these areas having higher rates ofgrowth than the rural areas.

As a broad overview, half of the voters come from the coastal towns of Port Elliot, Middleton, Goolwaand Hindmarsh Island and the balance of electors are comprised from the combined rural wards ofNangkita Kuitpo, Angas Bremer and Strathalbyn. When this concept of a “coastal” and a “rural” ward isextended as a model, it provides a basis for equal representation from each division (i.e. 4, 5 or 6 fromeach). The question is, does this division reflect the communities of interest and is it beneficial orhelpful to the ratepayers? Would no wards provide a fair representation of the whole of the area?

Section 26 (Local Govt Act, 1999), Principles (of a proposal for electoral representation), suggests thatsignificant divisions within a community should be avoided but at the same time “… reflect communitiesof interest consistent with community structures, values, expectations and aspirations”.

In view of Alexandrina Council’s diverse communities (as compared with other local government areasthat have dominant central urban centres) it would be reasonable to suggest that maintaining wardswould provide a fair and equitable representation of the diverse communities within the council area.

The size of Alexandrina Council also presents issues of effectiveness in representing communities andinterest groups by virtue of the physical distances and the number of towns within the council area.

The ratio of voters to each elected member is affected in the following manner by reducing the numberof councillors for the area;

Electors Councillors Cr. RatioCurrent (Jan 2013) 18,700 11 1,700

18,700 10 1,87018,700 9 2,07718,700 8 2,337

Table 4 Ratios of reducing Councillors per Electors (provisional January 2013)



Allowing for Population Growth

The following is an extract from the Australian Bureau of Statistics forecasting population figures priorto final analysis of the 2011 Census that identified areas of Alexandrina Council as having the fastestpopulation growth rates outside of Greater Adelaide.

POPULATION CHANGE IN THE REMAINDER OF SOUTH AUSTRALIA

Population growth

In the ten year period to June 2011, the remainder of the state generally experienced smallerpopulation increases than Greater Adelaide. Fleurieu – Kangaroo Island recorded the largest andfastest population increase (9,700 people or 26%) of all SA3s outside of Greater Adelaide. Barossafollowed with an increase of 3,700 people, or 12%.

Between 2001 and 2011, the SA2s within the remainder of South Australia with the largest growthwere Murray Bridge (3,300), east of Greater Adelaide, Victor Harbour (2,900) and Goolwa – PortElliot (2,700), both on the Fleurieu Peninsula, and Mount Gambier (2,200) in the south-east of thestate. Strathalbyn, to the south of Adelaide, had the fastest growth (35%) in the remainder ofthe state, followed by Goolwa – Port Elliot (34%), and Roxby Downs (33%) in central SouthAustralia.

ABS Regional Population Growth Australia, 2011 [31/7/2012].

Alexandrina Council

-

5,000

10,000

15,000

20,000

25,000

30,000

2001 2006 2011 2016 2021 2026 2031

Alex (Strath)

Alex (Coast)

Table 5 Alexandrina Council Population Forecast 2001 -2031

Allowing for Population Growth within Electoral Divisions (Wards)

When considering wards it is important to allow for disproportionate population growth within wards toensure that representation is fair and equitable over the whole of the area.

To compensate for disproportionate growth comparisons the concept of multiple members per electoraldivision or ward provides for a natural capacity to cope with changing demographics within a ward.



The South Coast Master Plan consultation paper of 2007 identified certain areas within the AlexandrinaCouncil coastal communities where population centres are expected to be consolidated. The predictedgrowth models range from 2% to 5% per annum. The Australian Bureau of Statistics shows thatAlexandrina Council has experienced consistent annual population growth of around 4% per annum forover two decades.

There is a consistent demand for residential land that incorporates a lifestyle change to a coastalenvironment. Evidence of this is seen in the developments in Milang, Clayton, Hindmarsh Island,Goolwa, Port Elliot and Hayborough. Rural towns within commuting distance of metropolitan Adelaidesuch as Strathalbyn are also experiencing steady and constant growth in residential development.

The South Coast Master Plan also projects a growing dependency population that is associated withsea change communities. Alexandrina Council has seen the establishment of higher density housingand residential villages and aged care facilities in Port Elliot, Goolwa and Hindmarsh Island. Thesehave had a significant impact on the demographic profiles within the urban wards.

Communities of InterestWhen considering wards it is important to consider communities of interest so as not to isolate or causeunnecessary divisions within the communities including,

Main Demographic Centres Transportation links Centres of Education Principal Shopping and Business areas Essential Services Regional hubs for Government and corporate activities Physical Barriers Topography Agriculture

The present ward system reflects these interests in the following way: The two coastal wards of Goolwa-Hindmarsh Island and Port Elliot-Middleton with their

principal coastal towns. The lower lakes and rivers and agricultural districts of the Angas-Bremer Ward. The township of Strathalbyn The rural hills ward of Nangkita-Kuitpo south of the Willunga escarpment centred

around the Mount Compass township and adjoining catchment areas.



Geographical Boundaries and BarriersAlexandrina Council has the natural geographical boundaries of the coast and Murray Mouth and alsothe lower lakes system. The river catchment areas of the Currency Creek, Nangkita and Tookayertacatchments, the Finniss, Angas and Bremer Rivers also create natural barriers within the district.

The attraction of living near water and also the reliance on the river for domestic supply and irrigationprovides strong communal links within the area. There are extensive integrated primary industrynetworks within the community that provide natural social and economic centres associated with ruraland agricultural activities. There are also common interests in lifestyle associated with living in coastalcommunities.

The current division of wards within Alexandrina Council recognises and acknowledges thesecommunities of interest. Historically the former district area of Port Elliot and Goolwa had alwaysmaintained a ward system which identified with the different townships and rural communities while theformer District Council of Strathalbyn moved to whole of area councillors some years prior toamalgamation of the two councils (and part of Willunga DC) in 1997.

The amalgamation process identified that the new Alexandrina Council would be best served by havingrepresentation by a ward system that reflected the diverse communities of interest of the new area.This sentiment prevailed through subsequent representation reviews and continues to be the structuralform of the Alexandrina Council at present.

Refer to attachment 1 Map 1



Ward Options

An overview of Alexandrina Council’s electoral representation sees the Nangkita Kuitpo ward overquota with 19.5%. Similarly the township ward of Strathalbyn is over quota with 21.4%. By contrastthe township ward of Port Elliot Middleton is under quota with -15.3%. The wards of GoolwaHindmarsh Island and Angas Bremer are within the accepted parameters. The imbalances beyond10% must be addressed by this review.

Current Ward Structure


WARD NAME Crs. HA LG Voters Ratio/Cr % Vary


11 17,965 735 18,700 1,700

ALEXANDRINA COUNCIL

Table 6 Electoral Representation January 2013(Note: Hindmarsh Island has 958 voters)

Ward Options

Option 1 Whole of Area Councillors (No Wards)

In view of the principles under which the review is undertaken, the key issues to consider with whole ofarea representation are if the proposal represents an efficient and effective model, will it deliveradequate and fair representation of the electorate that will be of benefit to its communities.Consideration should therefore include the number of proposed members compared with localgovernment areas of a similar size (Table 3: Representation comparisons with councils of similar size (including nearregion).

Electors(Provisional 2013)

Rep’n Quota(inc Mayor) Councillors Cr. Rep’n

Ratio18,700 1,558 11 1,70018,700 1,700 10 1,87018,700 1,870 9 2,07718,700 2,077 8 2,337

Table 7 Representation Quotas for a reduced number of councillors



Ward Options

Option 2 Retain existing 5 Wards with Mayor and 11 Councillors

To retain the existing 5 ward system with 11 (councillors) members the existing ward structures wouldneed to be changed to meet the Review criteria of having the Representation Quotas of each ward tobe within a 10% variance of the overall Representation Quota. This would mean adjustments toboundaries for each of the wards.

WARD WARD NAME CHANGESFROMWARD

INTOWARD

NETTCHANGE

1 Nangkita KuitpoSouthern boundary with Pt Elliot-Middletonmoved north to include all Hd Goolwa -188 0 -188

2 Strathalbyn

Rural living areas of Willyaroo, South Strathand part of Burnside* moved to AngasBremer -400 0 -400

3 Angas Bremer Rural living areas of Strath moved into ward 0 400 400

4 Pt Elliot MiddletonBoundary moved north to include all of Hd. OfGoolwa 0 207 207

5 Goolwa Hindmarsh IslMinor change of western boundary to includeDeep Creek Rd and Flagstaff Hill Rd (Nth). -19 -19 * Divisional boundary approx AlbionDrv./Meyers Rd

BOUNDARY CHANGES TO RETAIN 5 WARDS WITH 11 COUNCILLORS

Table 8 Adjustments to retain existing ward structureJan 2013 Provisional

WARD NAME Crs. HA Changes LG Voters Ratio/Cr % Vary

1 Nangkita Kuitpo 1 2,002 188- 30 1,844 1,844 8.5%2 Strathalbyn 2 4,086 400- 43 3,729 1,865 9.7%3 Angas Bremer 2 3,114 400 124 3,638 1,819 7.0%4 Pt Elliot Middleton 2 2,672 207 208 3,087 1,544 -9.2%5 Goolwa Hindmarsh Isl. 4 6,091 19- 330 6,402 1,601 -5.9%

11 17,965 - 735 18,700 1,700

ALEXANDRINA COUNCIL

Table 9 Adjusted ward system 11 councillors existing representation5

Map 2 Option 2 – 5 Wards 11 Councillors on existing representation

5 Refer to attached tables for streets or localities affected by Option 2



Ward Options

Option 3 Create a Modified 5 Ward system with Mayor and 11 Councillors

This option creates a modified 5 ward system with 11 (councillors) members while complying with theRepresentation Quota of (10%) by merging the western portion of Angas Bremer Ward with StrathalbynWard and having 3 members from the new Ward. The balance of the former Angas Bremer Wardwould have 1 member. The boundary between Nangkita Kuitpo and Port Elliot Middleton, GoolwaHindmarsh Island would have to be amended as in Option 2.

Jan 2013 ProvisionalWARD NAME Crs. HA Changes LG Voters Ratio/Cr % Vary

Option 31 Nangkita Kuitpo 1 2,002 188- 30 1,844 1,844 8.5%2 Strathalbyn 3 4,086 1,370 73 5,529 1,843 8.4%3 Angas Bremer 1 3,114 1,370- 94 1,838 1,838 8.1%4 Pt Elliot Middleton 2 2,672 207 208 3,087 1,544 -9.2%5 Goolwa Hindmarsh Isl. 4 6,091 19- 330 6,402 1,601 -5.9%

11 17,965 - 735 18,700 1,700

ALEXANDRINA COUNCIL

Table 10 Modified 5 ward system with 3 Strathalbyn members and 1 Angas Bremer member

Map 3Option 3 Strathalbyn Ward merged with western portion of Angas Bremer with 3 councillors with

the balance of Angas Bremer having 1 councillor



Ward Options

Option 4 A 3 ward system with a Mayor and 10 Councillors

Reducing the number of members to 10 members while retaining a meaningful ward system creates 3wards from the existing 5 wards by retaining Nangkita Kuitpo with 1 member, merging Port ElliotMiddleton with Goolwa Hindmarsh Island to provide 5 members, and, merging Strathalbyn with AngasBremer to provide 4 members.


OPTION 4 Crs. HA CHANGES LG CHANGES Voters Ratio/Cr % VaryWARD NAME

1 Nangkita (Kuitpo) 1 2,002 0 30 0 2,032 2,032 8.66% Strathalbyn 0 4,086 -4,086 43 -43 0 Angas Bremer 0 3,114 -3,114 124 -124 0

2 Strath Bremer Ward 4 7,200 167 7,367 1,842 -1.51% Pt Elliot Middleton 0 2,672 -2,672 208 -208 0 Goolwa Hindmarsh Isl. 0 6,091 -6,091 330 -330 0

3 Pt Elliot Goolwa Ward 5 8,763 538 9,301 1,860 -0.52%Total 10 17,965 0 735 0 18,700 1,870

ALEXANDRINA COUNCIL

Table 11 Creating 3 wards with 10 members

Map 4 Option 4: Creating 3 wards providing 10 councillors



Ward Options

Option 5 A 3 ward system with a Mayor and 10 Councillors

Reducing the number of members to 10 members while retaining a meaningful ward system creates 3wards from the existing 5 wards by retaining Nangkita Kuitpo with 1 member, merging Port ElliotMiddleton with Goolwa Hindmarsh Island to provide 5 members, and, merging Strathalbyn with AngasBremer to provide 4 members. The boundary between Nangkita Kuitpo and Port Elliot Middleton,Goolwa Hindmarsh Island would have to be amended as in Option 2 (refer to Attachment 2 for the tableof streets or localities affected by alterations in Nangkita Kuitpo and Goolwa Hindmarsh Island Wards.



1 Nangkita Kuitpo 1 2,002 -188 30 0 1,844 1,844 -1.39% Hd Goolwa to Pt Elliot Goolwa Strathalbyn 0 4,086 -4,086 43 -43 0 Angas Bremer 0 3,114 -3,114 124 -124 0

2 Strath Bremer Ward 4 7,200 167 7,367 1,842 -1.51% Pt Elliot Middleton 0 2,672 -2,672 208 -208 0 Goolwa Hindmarsh Isl. 0 6,091 -6,091 330 -330 0

3 Pt Elliot Goolwa Ward 5 8,951 538 9,489 1,898 1.49% Hd Goolwa from Nangkita Kuitpo

Total 10 17,965 0 735 0 18,700 1,870

ALEXANDRINA COUNCIL

Table 12 3 wards comprising 10 councillors and adjusting Nangkita Kuitpo and Pt Elliot GoolwaWard boundaries

Map5 Option 5: Creating 3 wards providing 10 councillorsand adjusting Nangkita Kuitpo and Pt Elliot Goolwa boundary



Ward Options

Option 6 A ward system with a Mayor and 9 Councillors

Developing a ward system of 9 councillors and less creates divisions of the area which becomeproblematical in terms of justifying partitioning of parts of towns and communities to satisfy theelector/councillor quota ratio of a 10% tolerance. The principles require that any proposed delineationshould be of benefit to electors. While the quota criteria may be satisfied, will these divisions reflect thecommunities of interest of the electorate and could it cause unnecessary division or isolation of part ofthe electorate?

Alexandrina Council Cr.s Voters Ratio/CrCurrent (Jan 2013) 11 18,700 1,700

10 18,700 1,8709 18,700 2,0778 18,700 2,3377 18,700 2,671

Table 4 (extended to 7 Cr.s) Reducing the number of councillors

Jan 2013 ProvisionalWARD NAME Crs. HA LG Voters Ratio/Cr % Vary


11 17,965 735 18,700 1,700

ALEXANDRINA COUNCIL

Current Ward Quotas



1 Nangkita Kuitpo 1 2,002 0 30 0 2,032 2,032 -2.20% No change Strathalbyn 0 4,086 -4,086 43 -43 0 Angas Bremer 0 3,114 -3,114 124 -124 0

2 New Strath Bremer Ward 4 7,200 167 7,367 1,842 -11.36% merge Strath and Ang-Brem Pt Elliot Middleton 0 2,672 -2,672 208 -208 0 Goolwa Hindmarsh Isl. 0 6,091 -6,091 330 -330 0

3 New Pt Elliot Goolwa Ward 4 8,763 538 9,301 2,325 11.91% merge Pt E-Mid with Goolwa HI

Total 9 17,965 735 0 18,700 2,078

ALEXANDRINA COUNCIL

Table 13 Creating 3 wards providing 9 Councillors

Using this base model it would be necessary to shift the ward boundary of Strath Bremer and GoolwaHindmarsh Island to satisfy the quota equilibrium. This would affect approximately 1,000 electors andcreate an arbitrary ward division within the township of Goolwa.



[THIS PAGE LEFT INTENTIONALLY BLANK]

FOR POTENTIAL VARIATIONS OF WARD STRUCTURES



Existing Ward Descriptions and Ward Names

The ward boundary review options paper should also consider the ward names and whether theyrepresent an appropriate and relevant description of each ward.

1. Nangkita Kuitpo WardThe Nangkita Kuitpo ward name was taken from the name of the original colonial settlement ofNangkita near Mount Compass (before Mt Compass was settled). Nangkita is also the nameof the surveyed “Hundred” that relates to this area (an area of survey that extends from MtCompass to Currency Creek and includes Hindmarsh Island). Similarly the name Kuitpo wasadded to the Nangkita ward at amalgamation to reflect the locality and is also the name of oneof the surveyed “hundreds” that were part of the original surveys of the Colony of SouthAustralia in the early 1800’s.

Options 2 and 3 make minor adjustments by way merging the properties and area containedwithin the Hundred of Goolwa that presently are in Nangkita Kuitpo Ward with the Port ElliotMiddleton Ward.

Consideration should be given to simplifying ward names.

2. Strathalbyn WardThe Strathalbyn ward name was appropriate given the area is comprised of the Strathalbyntownship.

3. Angas Bremer WardThe Angas Bremer ward name was derived from the names of the principal rivers within theformer District Council of Strathalbyn rural areas. The ward name represents the catchmentareas of these two river systems.

4. Port Elliot Middleton WardThe Port Elliot Middleton ward name is derived from the principal townships within the wardarea.Options 2 and 3 make minor adjustments by way merging the properties and area containedwithin the Hundred of Goolwa that presently are in Nangkita Kuitpo Ward with this Ward.

5. Goolwa Hindmarsh IslandGoolwa Hindmarsh Island ward name is given to the area that contains the Goolwa townshipand the whole of Hindmarsh Island and is physically and geographically bound by CurrencyCreek and the lower Murray River system and the sea.



SummaryAlexandrina Council’s Consultation Process for the Electoral Review Options Paper

Alexandrina Council has prepared an Options Paper to review its electoral representation inaccordance with the requirements of the Local Government Act, 1999. The following summary of theoptions paper will be available for comment over the next six weeks inviting written submissions andcomments to the options paper closing Friday 5th April 2013.

A full Options Paper discussion draft will be available from the offices of Alexandrina Council in Goolwaand Strathalbyn and is also available on Alexandrina Council’s website at www.alexandrina.sa.gov.auand also from the libraries in Strathalbyn, Milang, Goolwa, Port Elliot and Mount Compass.

A summary of the Options Paper and notice of consultation will be placed in The Times, TheAdvertiser, The Southern Argus, The Courier and the SA Government Gazette advising of therequirements of Alexandrina Council to undertake the review of electoral representation and proposedtimeframes of the review.

All comments and submissions will be considered by Council and a position paper will be publishedand be the subject of further consultation with an opportunity for further comment and submissionsfrom the community over a period of 3 weeks.

All submissions will have the opportunity for representation before council to consolidate thosecomments and submissions after which council will make its final submission to the State ElectoralCommissioner recommending an electoral representation appropriate to our community.

All comments and submissions should be directed to the Chief Executive of Alexandrina Council, POBox 21 GOOLWA 5214 or by email [email protected], or by fax on 8555 2036 by close ofbusiness Friday 5th April 2013.

Peter Dinning

Chief ExecutiveALEXANDRINA COUNCIL



Suggested Timeframe Summary for Electoral Review

Program Schedule Target Date

Preparation of rolls, internal workshops and preliminary options paper 18th February 2013

6 week minimum consultation period commencing on 22nd February 2013and closing on Friday 5th April 2013.

5th April 2013

Consultation response summary reports to council 20th May 2013

Findings report to council and final draft for second round of consultationperiod commencing 20th June 2013 closing 12th July 2013

20th June 2013

Allowance for referrals back to council and responses to commission 19th August 2013

Allowance for consideration by commission and drafting of boundarydefinitions 31st October 2013

Gazettal of final boundary definitions Nov – Dec 2013



Attachments

1. Current Ward Structure 2010.

2. Localities or streets affected by Option2.

3. Localities or streets affected by Option 3.

4. Section 12 Local Government Act, 1999 – Powers of Councils andRepresentation Review, Composition and Wards.



Attachment 1 Current Ward Boundary Divisions 2010

Map 1 Current Alexandrina Council Ward Boundaries 2010



Attachment 2 Localities or streets affected by Option 2

STRATHALBYN - (BURNSIDE) LOCALITY ELECTORS TOTALBURNSIDE RD STRATHALBYN 36WYLIE AVE STRATHALBYN 7GRAHAM CT STRATHALBYN 36BUTLER DVE STRATHALBYN 10DAVIDSON ST STRATHALBYN 10MEYERS RD STRATHALBYN 19STIRLING CT STRATHALBYN 26HELEN CT STRATHALBYN 10KAY RD STRATHALBYN 9TOTAL HALF OF BURNSIDE 163ALBION DVE STRATHALBYN 42MONTGOMERY CT STRATHALBYN 20OLIVE TREE GR STRATHALBYN 6TOBY CT STRATHALBYN 11AVENUE RD STRATHALBYN 48SWAMP RD STRATHALBYN 9JENKINS RD STRATHALBYN 10TOTAL BURNSIDE 309

STRATHALBYN - (WILLYAROO) LOCALITY ELECTORS TOTALNINE MILE RD WILLYAROO 13COLLETT RD WILLYAROO 6DONNITHORNE RD WILLYAROO 22ROPER RD WILLYAROO 24BLACKER RD WILLYAROO 6JACOB RD WILLYAROO 21LINES RD WILLYAROO 34WILLYAROO RD WILLYAROO 17WILLIAMSON RD WILLYAROO 2HAMBURG RD WILLYAROO 10JOHNSTON RD WILLYAROO 3NEALES RD WILLYAROO 7STARK RD WILLYAROO 11SILENT ELECTORS 2TOTAL 178

STRATHALBYN (Southern Rural LivingAreas) LOCALITY ELECTORS TOTAL

DRY PLAINS RD STRATHALBYN 17BLACKWELL CT STRATHALBYN 11TRAINERS WAY STRATHALBYN 28TOTAL 56

BURNSIDE 309WILLYAROO 178STRATHALBYN SOUTHERN 56TOTAL 543

HALF OF BURNSIDE 163WILLYAROO 178STRATHALBYN SOUTHERN 56TOTAL 397

NANKITA - KUITPO WARD LOCALITY ELECTORS TOTALDEEP CREEK RD MOSQUITO HILL 4 4DEEP CREEK RD CURRENCY CREEK 8 8GOOLWA RD (834) MOSQUITO HILL 1 1GOOLWA RD CURRENCY CREEK 4 4HIGGINS ROAD VIA MOSQUITO HILL 5 5KIDMAN RD MOSQUITO HILL 2 2KOKODA RD MOSQUITO HILL 17 17MOSQUITO HILL RD MOSQUITO HILL 21 21MOSQUITO HILL RD MT JAGGED 13 13MOUNT COMPASS - GOOLWA RD MOSQUITO HILL 17 17MOUNT COMPASS - GOOLWA RD CURRENCY CREEK 5 5SNEYD RD MOSQUITO HILL 5 5SNEYD RD MT JAGGED 1 1TRIG POINT RD MOSQUITO HILL 8 8TWIN CREEK RD MOSQUITO HILL 6 6THE BROOK DVE CURRENCY CREEK 28 28CASTLE RANGE RD CURRENCY CREEK 6 6VICTOR HARBOR RD MT JAGGED 33 33FLAGSTAFF HILL RD MIDDLETON 4 4

TOTAL 188

GOOLWA - HINDMARSH ISL WARD LOCALITY ELECTORSDEEP CREEK RD CURRENCY CREEK 7 7WILLIAMS RD CURRENCY CREEK 10 10DINGS RD CURRENCY CREEK 2 2TOTAL 19TOTAL ELECTORS TO PORT ELLIOT - MIDDLETON WARD 207CURRENT ELECTORS PORT ELLIOT - MIDDLETON WARD 2880

NEW TOTAL ELECTORS PORT ELLIOT - MIDDLETON WARD 3087



Attachment 3 Tables of streets or localities affected by Option 3

Merging western portion of Angas Bremer Ward with existing Strathalbyn Ward for 3 members andaltering the southern boundary of Nangkita Kuitpo Ward and Pt Elliot Middleton Ward and a minorchange to Goolwa Hindmarsh Island Ward and Pt Elliot Middleton Ward boundary.

ANGAS BREMER WARD [HA only] Electors WEST EAST

3,114East/West 1,307 1,807

AB - EASTANGAS PLAINS SA 5255 51 E 51BELVIDERE SA 5255 85 E 85BLETCHLEY SA 5255 45 E 45CLAYTON BAY SA 5256 244 E 244HARTLEY SA 5255 107 E 107LAKE PLAINS SA 5255 45 E 45LANGHORNE CREEK SA 5255 334 E 334MILANG SA 5256 562 E 562POINT STURT SA 5256 24 E 24RED CREEK SA 5255 46 E 46SALEM SA 5255 24 E 24SILENT 8 E 8TOLDEROL SA 5256 16 E 16WILLYAROO SA 5255 ** 63 E 63WOODCHESTER SA 5255 153 E 153

**To be transferred to Strath Ward

AB - WESTASHBOURNE SA 5157 163 W 163BULL CREEK SA 5157 22 W 22CURRENCY CREEK SA 5214 33 W 33GEMMELLS SA 5255 59 W 59FINNISS SA 5255 181 W 181HIGHLAND VALLEY SA 5255 226 W 226MACCLESFIELD SA 5153 43 W 43MCHARG CREEK SA 5157 40 W 40MOUNT MAGNIFICENT SA 5210 21 W 21MOUNT OBSERVATION SA 5255 4 W 4NURRAGI SA 5256 16 W 16PARIS CREEK SA 5201 73 W 73PROSPECT HILL SA 5201 22 W 22SANDERGROVE SA 5255 68 W 68SILENT 10 W 10STRATHALBYN SA 5255 297 W 297

** To be transferred to Strathalbyn WardROAD LOCALITY ELECTORSHUNTINGDALE RD WILLYAROO SA 5255 2LINES RD WILLYAROO SA 5255 8

LOCKABA DR WILLYAROO SA 5255 28

NINE MILE RD WILLYAROO SA 5255 19RICHARDSON RD WILLYAROO SA 5255 3

TALINGA RD WILLYAROO SA 5255 3

63TOTAL ELECTORS IN WILLYAROO TO MOVE FROMANGAS BREMER TO STRATHALBYN



NANKITA - KUITPO WARD [HA only] LOCALITY ELECTORS TOTAL

DEEP CREEK RD MOSQUITO HILL 4 4DEEP CREEK RD CURRENCY CREEK 8 8GOOLWA RD (834) MOSQUITO HILL 1 1GOOLWA RD CURRENCY CREEK 4 4HIGGINS ROAD VIA MOSQUITO HILL 5 5KIDMAN RD MOSQUITO HILL 2 2KOKODA RD MOSQUITO HILL 17 17MOSQUITO HILL RD MOSQUITO HILL 21 21MOSQUITO HILL RD MT JAGGED 13 13MOUNT COMPASS - GOOLWA RD MOSQUITO HILL 17 17MOUNT COMPASS - GOOLWA RD CURRENCY CREEK 5 5SNEYD RD MOSQUITO HILL 5 5SNEYD RD MT JAGGED 1 1TRIG POINT RD MOSQUITO HILL 8 8TWIN CREEK RD MOSQUITO HILL 6 6THE BROOK DVE CURRENCY CREEK 28 28CASTLE RANGE RD CURRENCY CREEK 6 6VICTOR HARBOR RD MT JAGGED 33 33FLAGSTAFF HILL RD MIDDLETON 4 4

TOTAL 188

GOOLWA - HINDMARSH ISLAND WARD LOCALITY ELECTORS

DEEP CREEK RD CURRENCY CREEK 7 7WILLIAMS RD CURRENCY CREEK 10 10DINGS RD CURRENCY CREEK 2 2

TOTAL 19

TOTAL ELECTORS TO PORT ELLIOT - MIDDLETON WARD 207CURRENT ELECTORS PORT ELLIOT - MIDDLETON WARD 2880

NEW TOTAL ELECTORS PORT ELLIOT - MIDDLETON WARD 3087



Attachment 4

Section 12 extract from Local Government Act, 1999

Consultation Program

Division 2—Powers of councils and representation reviews

12—Composition and wards(1) A council may, by notice in the Gazette after complying with the requirements of this section—

(a) alter the composition of the council;(b) divide, or re-divide, the area of the council into wards, alter the division of the area of

the council into wards, or abolish the division of the area of a council into wards.(2) A notice under this section may also—

(a) change the council from a municipal council to a district council, or change thecouncil from a district council to a municipal council;

(b) alter the name of—(i) the council;(ii) the area of the council;

(c) give a name to, or alter the name of, a ward,(without the need to comply with section 13).

(3) A council must, before it publishes a notice, conduct and complete a review under this sectionfor the purpose of determining whether its community would benefit from an alteration to itscomposition or ward structure.

(4) A review may relate to a specific aspect of the composition of the council, or of the wards ofthe council, or may relate to those matters generally—but a council must ensure that allaspects of the composition of the council, and the issue of the division, or potential division, ofthe area of the council into wards, are comprehensively reviewed under this section at leastonce in every 8 years.

(4a) The first comprehensive review to be carried out by a council under subsection (4) must becompleted within a period specified by the Electoral Commissioner by written notice to thecouncil after consultation with the council.

(5) A council must, in order to commence a review, initiate the preparation of a paper (arepresentation options paper) by a person who, in the opinion of the council, is qualified toaddress the representation and governance issues that may arise with respect to the mattersunder review.

(6) The representation options paper must examine the advantages and disadvantages of thevarious options that are available to the council under subsection (1) (insofar as the variousfeatures of the composition and structure of the council are under review) and, in particular (tothe extent that may be relevant)—

(a) if the council is constituted of more than 12 members—examine the question ofwhether the number of members should be reduced; and



(b) if the area of the council is divided into wards—examine the question of whether thedivision of the area into wards should be abolished,

(and may examine such other relevant issues as the council or the person preparing the paperthinks fit).

(7) The council must—(a) by public notice—

(i) inform the public of the preparation of the representation options paper; and(ii) invite interested persons to make written submissions to the council on the

subject of the review within a period specified by the council (being a periodof at least 6 weeks); and

(b) publish a copy of the notice in a newspaper circulating within its area.(8) The council must ensure that copies of the representation options paper are available for

inspection (without charge) and purchase (on payment of a fee fixed by the council) at theprincipal office of the council during the period that applies under subsection (7)(a)(ii).

(8a) The council must, at the conclusion of the public consultation undertaken under subsection(7)(a), prepare a report that—

(a) provides information on the public consultation and the council's response to theissues arising from the submissions made as part of that process; and

(b) sets out—(i) any proposal that the council considers should be carried into effect under

this section; and(ii) in respect of any such proposal—an analysis of how the proposal relates to

the principles under section 26(1)(c) and the matters referred to insection 33 (to the extent that may be relevant); and

(c) insofar as a decision of the council is not to adopt any change under considerationas part of the representation options paper or the public consultation process—setsout the reasons for the council's decision.

(9) The council must—(a) make copies of its report available for public inspection at the principal office of the

council; and(b) by public notice—

(i) inform the public of the preparation of the report and its availability; and(ii) invite interested persons to make written submissions to the council on the

report within a period specified by the council (being a period of at least 3weeks); and

(c) publish a copy of the notice in a newspaper circulating within its area.(10) The council must give any person who makes written submissions in response to an invitation

under subsection (9) an opportunity to appear personally or by representative before thecouncil or a council committee and to be heard on those submissions.

(11) The council must then finalise its report (including in its report recommendations with respectto such related or ancillary matters as it thinks fit).



(11a) If the report proposes that the composition of the council be altered so that—(a) the council will have a chairperson rather than a mayor; or(b) the council will have a mayor rather than a chairperson,

then the proposal cannot proceed unless or until a poll has been conducted on the matter andthe requirements of subsection (11c) have been satisfied.

(11b) The council may, with respect to a proposal within the ambit of subsection (11a)—(a) insofar as may be relevant in the particular circumstances, separate the proposal

(and any related proposal) from any other proposal contained in the report (and thenit will be taken that the council is reporting separately on this proposal (and anyrelated proposal));

(b) determine to conduct the relevant poll—(i) in conjunction with the next general election for the council (so that the

proposal (and any related proposal) will then, if approved at the poll, takeeffect from polling day for the following general election); or

(ii) at some other time (so that the proposal (and any related proposal) willthen, if approved at the poll, take effect in the manner contemplated bysubsection (18)).

(11c) The following provisions apply to a poll required under subsection (11a):(a) the Local Government (Elections) Act 1999 will apply to the poll subject to

modifications, exclusions or additions prescribed by regulation;(b) the council must—

(i) prepare a summary of the issues surrounding the proposal to assistpersons who may vote at the poll; and

(ii) obtain a certificate from the Electoral Commissioner that he or she issatisfied that the council has taken reasonable steps to ensure that thesummary presents the arguments for and against the proposal in a fair andcomprehensive manner; and

(iii) after obtaining the certificate of the Electoral Commissioner, ensure thatcopies of the summary are made available for public inspection at theprincipal office of the council, are available for inspection on the Internet,and are published or distributed in any other way that the ElectoralCommissioner may direct;

(c) the proposal cannot proceed unless—(i) the number of persons who return ballot papers at the poll is at least equal

to the prescribed level of voter participation; and(ii) the majority of those persons who validly cast a vote at the poll vote in

favour of the proposal.



(11d) For the purposes of subsection (11c)(c), the prescribed level of voter participation is anumber represented by multiplying the total number of persons entitled to cast a vote at thepoll by half of the turnout percentage for the council, where the turnout percentage is—

(a) the number of persons who returned ballot papers in the contested elections for thecouncil held at the last periodic elections, expressed as a percentage of the totalnumber of persons entitled to vote at those elections (viewing all elections for thecouncil as being the one election for the purposes of this provision), as determinedby the Electoral Commissioner and published in such manner as the ElectoralCommissioner thinks fit; or

(b) if no contested elections for the council were held at the last periodic elections, apercentage determined by the Electoral Commissioner for the purposes of theapplication of this section to the relevant council, after taking into account the turnoutpercentages of other councils of a similar size and type, as published in such manneras the Electoral Commissioner thinks fit.

(12) The council must then, taking into account the operation of the preceding subsection, refer thereport to the Electoral Commissioner.

(12a) The report must be accompanied by copies of any written submissions received undersubsection (9) that relate to the subject-matter of the proposal.

(13) On receipt of a report, the Electoral Commissioner must determine whether the requirementsof this section have been satisfied and then—

(a) if of the opinion that the requirements have been satisfied—give an appropriatecertificate; or

(b) if of the opinion that the requirements have not been satisfied—refer the matter backto the council together with a written explanation of the reasons for not giving acertificate under this subsection.

(14) The validity of a determination of the Electoral Commissioner under subsection (13) cannot becalled into question.

(15) If a certificate is given by the Electoral Commissioner under subsection (13)(a)—(a) the Electoral Commissioner must specify in the certificate a day by which an

appropriate notice (or notices) for the purposes of this section must be published bythe council in the Gazette; and

(b) the council may then, by notice (or notices) in the Gazette, provide for the operationof any proposal under this section that it has recommended in its report.

(16) If the matter is referred back to the council under subsection (13)(b), the council—(a) must take such action as is appropriate in the circumstances (and may, as it thinks

fit, alter its report); and(b) may then refer the report back to the Electoral Commissioner.

(17) However, a council must, if it makes an alteration to its report under subsection (16)(a),comply with the requirements of subsections (9) and (10) (as if the report (as altered)constituted a new report), unless the council determines that the alteration is of a minor natureonly.



(18) A proposal under this section takes effect as follows:(a) if the day of publication of the relevant notice under subsection (15) occurs before 1

January of the year in which a periodic election is next due to be held then, unlessparagraph (c) applies, the proposal will take effect as from polling day for thatperiodic election;

(b) if the day of publication of the relevant notice under subsection (15) occurs on orafter 1 January of a year in which a periodic election is due to be held (and beforepolling day for that periodic election) then, unless paragraph (c) applies, the proposalwill take effect as from polling day for the periodic election next following the periodicelection held in the year of publication;

(c) if a general election (not being a periodic election) is held after the expiration of 7months from the day of publication of the relevant notice under subsection (15) (andbefore polling day for the next periodic election after publication) then the proposalwill take effect from polling day for that general election.

(18a) Subsection (18) has effect subject to the operation of subsection (11b)(b)(i).(19) If a council—

(a) subject to subsection (22), fails to undertake a review in accordance with therequirements of this section; or

(b) fails to take appropriate action if a matter is referred back to the council by theElectoral Commissioner under subsection (13)(b); or

(c) fails to publish an appropriate notice in the Gazette by the day specified by theElectoral Commissioner in a certificate under this section,

the chief executive officer must refer the matter to the Electoral Commissioner.Maximum penalty: $2,500.

(20) On the referral of a matter under subsection (19), the Electoral Commissioner may take suchaction as, in the circumstances of the particular case, appears appropriate to the ElectoralCommissioner and may then, by notice in the Gazette, give effect to a proposal that couldhave been carried into effect by the council under this section.

(21) The Electoral Commissioner may recover from councils costs reasonably incurred by theElectoral Commissioner in performing his or her functions under this section.

(22) The Panel may exempt a council from the requirement to hold a review under this section onthe basis that relevant issues have already been addressed by a proposal under this Chapter.

(23) An exemption under subsection (22) may be granted on conditions determined by the Panel,including a condition that the council carry out a review under this section by a date specifiedby the Panel.

(24) If—(a) the area of a council is divided into wards; and(b) the Electoral Commissioner notifies the council in writing that the number of electors

represented by a councillor for a ward varies from the ward quota by more than 20per cent,

then the council must undertake a review under this section within a period specified by theElectoral Commissioner.



(25) For the purposes of subsection (24)—(a) if two or more councillors represent a ward, the number of electors represented by

each councillor will be taken to be the number of electors for the ward (as at a datedetermined by the Electoral Commissioner) divided by the number of councillors whorepresent the ward (ignoring any fractions resulting from the division); and

(b) the ward quota is the number of electors for the area (as at a date determined by theElectoral Commissioner) divided by the number of councillors for the area of thecouncil who represent wards (ignoring any fractions resulting from the division).

SUMMARY OF PUBLIC NOTICES

Notices SAGovernment

Gazette

StateNewspaper

AllNewspapers inCouncil area

Notice 1

Inform public of the preparation ofrepresentation options paper and invitewritten submissions

SA Govt Gazette Advertiser The TimesThe Southern ArgusThe Courier

Notice 2

Advising of the completion and availabilityof the Council report and inviting writtensubmissions

SA Govt Gazette Advertiser The TimesThe Southern ArgusThe Courier

Notice 3

Notice providing for operation of thecertified proposal[Electoral Commissioner to specify date]

SA Govt Gazette

ELECTORAL REPRESENTATION OPTIONS PAPER ALEXANDRINA COUNCIL · ELECTORAL REPRESENTATION OPTIONS...

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