1. 1 Local Government Representation and Elections Review July – October 2004

2. 2 Objectives Further develop LG sector and enhance its status and level of autonomy through improved governance and reforms Improve the effectiveness of the system of LG elected representation Promote participation in LG and diversity in LG representation Maximise alignment of strategic decision-making of State and Local Governments.

3. 3 Focus of the Review Issues raised by Councils, EC, candidates and community interests Topics identified – part of whole package Topics connected and interrelated with each other Ensure compatibility of any changes

4. 4 Review Topics 1.Frequency of LG elections (term of office) 2.Representative Structure 3.Property franchise (entitlement to vote) 4.Voter turnout 5.Vote counting system 6.Candidacy 7.Filling casual vacancies 8.Election campaigning 9.Council member allowances and benefits

5. 5 LGA Leading the Review - Phase 2 Information and Discussion Sessions –Information for Councils - not forming a “preferred position” –Key stakeholders, peak bodies, community Advertisements –Advertiser – 24 July and 4 August –Messenger – weeks of 26 July and 2 August –Regional Papers – weeks of 26 July and 9 August Media – Press Releases

6. 6 LGA Leading the Review - Phase 2 Information available –www.lga.sa.gov.au/goto/electionsreviewwww.lga.sa.gov.au/goto/electionsreview –Telephone: LGA 8224 2000 –Email: electionsreview@lga.sa.gov.auelectionsreview@lga.sa.gov.au Local promotion by Councils encouraged Councils and community – response and comment Submissions due 17 September 2004 LGA Submission and Report to State Government in October 2004

7. 7 Voter Turnout – Participation Rates Measures Gross participation rate =number of electors attempting to vote number of electors eligible to vote Net participation rate = number of formal votes number of electors eligible to vote Votes are impacted by: declarations incomplete informality return to sender

8. 8 Voter Turnout – Participation Rates Impact Publicity and Promotion Quality of Candidates Electorate Issues Access to Voting Facilities (time to vote, understanding of system and instructions clarity) Voluntary or Compulsory Voting Drag Effect of Property Vote

9. 9 Voter Turnout – Participation Rates Voluntary Voting Tasmania  55%+ turnout  relatively small electorates  electorally aware State  small property vote component EB Ballots  around 40% Super Board  around 20% Nurses Board  around 25% SA Local Govt.  around 35%

10. 10 Vote Counting Systems General Great majority of elections - same candidates would be elected regardless of system Some glaring exceptions Proportional representation allocates electors’ 2nd and subsequent preferences Optional preferential and full preferential only allocates preferences of excluded candidates 1st past the post ignore preferences

11. 11 Vote Counting Systems Which is the Fairest? - Single Member Electorates Take example of:Candidate A300 Candidate B280 Candidate C200 Under 1st past the post Candidate A wins. However, if those electors supporting candidate C prefer candidate B to A, under preferential voting candidate B will be elected.

12. 12 Vote Counting Systems Which is the fairest? - Multi Member Electorates Take example of 2 to be elected from 4 candidates: Candidate A 1000 Candidate B 250 Candidate C 240 Candidate D 210 First past the post - A and B elected Preferential - D excluded Proportional representation - D could be elected if the majority of A’s 2nd preferences go to D

13. 13 Filling Supplementary Vacancies Options Supplementary election with associated costs Count back provision whereby retiring candidate is eliminated from the previous general election count Take the next highest polling candidate (the last one to be excluded from the previous general election count)

14. 14 Representative Structure Initially determined by proclamation Council reviews composition and ward structure in consultation with community –number of councillors; –approach to determining the principal member –ward structure EC certifies legal requirements: No merit review Councils advise community of process for electors to initiate changes. Do current provisions ensure impartial examination and sufficient elector influence in process?

15. 15 Representative Structure Currently considerable flexibility Principal Member –Elected at large –Chosen by Council Members Councillors elected –At large –From wards –Combination No restrictions on number of councillors

16. 16 Representative Structure Some issues to consider: Is the current flexibility still appropriate? Are some current options preferable to others? –councillors elected “at large”, not by wards; –principal member chosen from within council, not direct election. Should there be limits on the number of members per council?

17. 17 Candidacy Candidate must be Australian citizen an elector for the council area, or nominated by group or corporate body that is elector Not eligible if: –member of an Australian Parliament –undischarged bankrupt –liable to serve a sentence of imprisonment –council employee in the same council –disqualified by court order under the LG Act May only be a candidate for one position

18. 18 Candidacy Some issues to consider: –More restrictions/conditions or less? –Encouraging candidates from under-represented groups –Dual candidacy –Nominating for multiple positions –Reduction in nomination period –Impact on nominations

19. 19 Election Campaigning LG (Elections) Act – electoral material generally LG (Elections) Regs – restrict candidate profiles electoral material Restrictions do not apply to other electoral material Councils responsible for information and publicity about candidates Council practice to impose restrictions similar to those that apply to profiles included with ballot papers Candidates return detailing campaign donations

20. 20 Election Campaigning Some issues to consider: Length/content restrictions on candidate profiles –Use of council resources by sitting members –Cost of effective campaigning –Potential commercial exploitation of electoral roll data made feasible by electronic formatting

21. 21 Timing of Local and State elections Term of office LG elections every three years in May –Next due May 2006 Changes to Constitution Act 1934 - State Government elections every four years in March –next due March 2006 –EC chief administrator for State elections and RO for LG LG supports shift to an election date in Spring –Solves 2006 clash of State and LG elections –Overcomes other issues re May elections (eg council budget process)

22. 22 Timing of Local and State elections Term of office Some issues to consider: How long should council members’ terms be? What is the best long term pattern for the relationship between LG and State Parliamentary elections?

23. 23 Timing of Local and State elections Term of office Some options: –2006 LG Election with 3 year terms –2006 LG Election with 4 year terms –2006 LG Election with short term (2 years) and then 4 year terms –2007 Election with 4 year terms

24. 24 Electoral Franchise Individuals, groups, corporate bodies entitled to enrol and vote: –on House of Assembly roll –resident in the council area but not on the House of Assembly roll (application necessary) –natural persons, bodies corporate or groups listed in the council assessment record as owners or occupiers of rateable property (property franchise) Voters roll is a combination of two separate data sources. –House of Assembly (State Parliament) roll and –Council’s assessment record

25. 25 Electoral Franchise Some issues to consider: Who should be entitled to enrol to vote in LG elections? Should the property franchise be retained in its current form? Should some categories of elector be automatically enrolled and others have to apply for enrolment? How can the practical problems councils have administering the current provisions be overcome?

26. 26 Electoral Franchise Some options: –restrict to occupation for a purpose other than residency –registration for all except House of Assembly roll and those already on council roll –automatic for principal ratepayers - others to apply –available to principal ratepayers only –abolish property franchise –abolish property franchise, open personal franchise to any South Australian with interest in election. Note impact of property franchise on ACC.

27. 27 Council Member Allowances + Benefits Council members entitled to annual allowance + reimbursement of expenses (both prescribed) Prescribed expenses for attending council and committee meetings reimbursed as a right Council discretion - reimburse council members for other prescribed expenses and provide facilities and support (eg use of fax machine)

28. 28 Council Member Allowances + Benefits Some issues to consider: Basis for allowances –compensate for out-of-pocket expense –compensate to some extent for remuneration forgone –reward members for the value of their contribution? Compare with roles in other jurisdictions or members of statutory bodies. Relativity with roles similarly defined? Should community’s capacity to pay be taken into account? Uniform across councils and members, or vary according to some criteria?

29. 29 Council Member Allowances + Benefits If fixed as a range should a council’s choice be linked to its assessment of performance of council members? e.g. –Comparative Performance Measurement and the Council Member Self Assessment How should allowances + reimbursements + other facilities and support fit together to support members? Should non-elected council committee members and board members of council and regional subsidiaries be paid an allowance?

30. 30 Consider linkages and compatibility Linkages across topic areas – do options fit together? Total package – Overall complexity affects comprehension, central approach to education and information and cost Trade offs

31. 31 More or less? More frequent ←ELECTION FREQUENCY → Less frequent No regular pattern ← RELATIONSHIP TO STATE ELECTIONS → Regular pattern

32. 32 More or Less? Wider ←FRANCHISE→ Narrower Varies by council ← VOTING OBLIGATION → Consistent LG sector wide Mix of methods ← VOTING AND COUNTING SYSTEM → Common method

33. 33 More or Less? Local choice ← options REPRESENTATIVE STRUCTURE → Common sector wide Fewer restrictions ← CANDIDACY→ More restrictions Treat as new ← election CASUAL VACANCIES → Fill using previous election

34. 34 DISCUSSION SESSION Setting the Priorities

35. 35 Next Steps 6 Regional Sessions Completion of 5 Discussion Papers Public Information Session 11 August LGA Guide to preparing submissions Submissions due 17 September 2004

36. 36 Community Input Local community promotion by Councils encouraged Council newsletters, libraries, offices, websites, community ‘noticeboards’ in local papers Refer LGA Circular 31.1

37. 37 Where to from here? www.lga.sa.gov.au/goto/electionsreview Telephone: LGA 8224 2000 Email: electionsreview@lga.sa.gov.auelectionsreview@lga.sa.gov.au To State Government October 2004: –LGA Submission; and –Report on Consultation Process and other Submissions Parliament 2005