Local Government (Elections) Amendment Bill

Introduction and First Reading

The Hon. G.G. BROCK (Frome—Minister for Regional Development, Minister for Local Government) (16:27): Obtained leave and introduced a bill for an act to amend the Local Government (Elections) Act 1999 and to make a related amendment to the City of Adelaide Act 1998. Read a first time.

Second Reading

The Hon. G.G. BROCK (Frome—Minister for Regional Development, Minister for Local Government) (16:28): I move:

That this bill be now read a second time.

I seek leave to insert the second reading and explanation of clauses in Hansard without my reading it.

The DEPUTY SPEAKER: Is that seconded?

Mr PISONI: No, it is not.

The DEPUTY SPEAKER: Minister, you do need to read it apparently. Once any one member withdraws leave you need to read it and put it on the record, or you could try to insert half of it later.

The Hon. G.G. BROCK (Frome—Minister for Regional Development, Minister for Local Government) (16:29): Okay, I will try that. The local government (Elections) Amendment Bill 2017 seeks to reform legislative provisions to improve the operation of local government elections and a voter turnout and to make miscellaneous amendments to achieve a more consistent and contemporary legislative elections framework for the local government sector.

The bill is based on work undertaken jointly by the Office of Local Government, the Local Government Association of South Australia (LGA) and the Electoral Commission of South Australia (ECSA) to review the operations of the 2014 local government elections. A discussion paper was released for public consultation in September 2015, with further consultation undertaken in October 2016 to clarify council's position on two key issues.

The review process found limited support for fundamental changes to the local government election system. Voluntary postal voting for local government elections will therefore remain in place. However, this review provided an opportunity to remove limitations and inefficiencies in the current local government election processes contained within the Local Government (Elections) Act 1999 and subordinate legislation, as well as the City of Adelaide Act 1998 and subordinate legislation.

I now turn to the key elements of the bill. The first of these is quite straightforward. This is the proposed requirement for candidates to disclose whether they live within the council or ward they are contesting to ensure that this pertinent piece of information is readily available to people considering their vote. The second will provide all candidates with access to an electronic version of the voters roll.

The combination of provisions within the Electoral Act 1985 and the Local Government (Elections) Act 1999 means that candidates who are members of registered political parties have access to an electronic copy of the House of Assembly portion of the voters roll in local government elections, but candidates who are not members of a registered party can only obtain a printed copy of the voters roll. The bill will therefore allow all candidates access to an electronic copy of the voters roll, with penalties in place for misuse of the voters roll, similar to the penalty that applies to the misuse of the House of Assembly roll.

The final significant element of the bill will require groups and bodies corporate in the City of Adelaide exercising their property franchise to designate a natural person to vote on their behalf. This reform has resulted from a recent case in the Court of Disputed Returns being brought to my attention by the then acting electoral commissioner where the honourable Chief Justice held that self-identification, when used to exercise a vote, is not sufficient as it provides no objective test in respect of the voter's entitlement to exercise that vote.

Under current provisions, the Adelaide City Council Act requires the City of Adelaide to maintain the property franchise roll and provide ballot papers to all property franchise holders. This will not change. However, to exercise their vote, group and body corporate property franchisors in the city currently rely on self-identification; that is, a person who is able to vote on behalf of the body corporate or group without having to produce evidence that they are entitled to exercise that vote. On the advice of the Electoral Commission, this bill will change these arrangements.

Following discussions between the joint working group and representatives from the City of Adelaide this bill proposes that, in order for a group or body corporate property franchisors to receive their ballot papers, the group or body corporate will have to nominate a designated natural person who meets the eligibility criteria. I am confident this bill will improve the operation of local government elections and achieve a more consistent and contemporary legislative elections framework for the local government sector. I commend the bill to members. I seek leave to have the explanation of clauses inserted in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Local Government (Elections) Act 1999

4—Amendment of section 6—Supplementary elections

The clause makes amendment to allow for the day and time at which voting at the election will close on polling day to be determined by the returning officer.

5—Amendment of section 9—Council may hold polls

Subclause (1) amends section 9(3) to require the council to provide notice of polling day by notice published on the council's website. Subclause (2) makes a consequential amendment.

6—Amendment of section 15—The voters roll

The clause makes several amendments to section 15 to permit the voters roll to be supplied and kept up to date in accordance with the requirements set out in the clause.

7—Substitution of section 19A

This clause substitutes section 19A as follows:

19A—Provision and publication of candidate profile

The proposed section substantially re-enacts the provisions in current section 19A, but removes the requirement for an electoral statement to accompany each candidate profile.

8—Amendment of section 27—Publication of electoral material

This clause makes a technical amendment.

9—Amendment of section 29—Ballot papers

This clause makes changes to the time for the drawing of lots to be 4 pm in the case of a periodic election, or in any other case 12 noon, or as reasonably practicable after those times.

10—Amendment of section 39—Issue of postal voting papers

This clause makes an amendment consequential on other amendments in the measure that change the time at which voting papers must be returned.

11—Amendment of section 43—Issue of fresh postal voting papers

This clause makes an amendment consequential on other amendments in the measure that change the time at which voting papers must be returned.

12—Amendment of section 47—Arranging postal papers

This clause makes an amendment consequential on other amendments in the measure that change the time at which voting papers must be returned.

13—Amendment of section 48—Method of counting and provisional declarations

The clause sets out the method by which the returning officer must conduct the counting of votes in an election conducted to fill 1 vacancy.

14—Amendment of section 91A—Conduct of council during election period

This clause makes a consequential amendment.

Schedule 1—Related amendment to City of Adelaide Act 1998

1—Amendment of Schedule 1—Special provisions for elections and polls

The clause makes several amendments to bring the provisions in the Act into line with the amendments proposed in the measure to the Local Government (Elections) Act 1999.

Debate adjourned on motion of Ms Chapman.