Plebiscite (South East Council Amalgamation) Bill

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (16:55): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading them.

Leave granted.

I am pleased to introduce the Plebiscite (South East Council Amalgamation) Bill 2022. This bill proposes that a plebiscite be held in both the District Council of Grant and the City of Mount Gambier to seek the views of the electors in these communities about whether they support an investigation into the potential amalgamation of the District Council of Grant and the City of Mount Gambier.

The bill also proposes that these plebiscites be undertaken by the Electoral Commission of South Australia to coincide with the upcoming council elections.

The question to be put to electors is: 'Do you support the examination of an amalgamation of the District Council of Grant and the City of Mount Gambier to form a single council?'

The possible amalgamation of these two councils has been a point of discussion in the South-East and in local government circles for some time, certainly since the amalgamation processes that were undertaken in South Australia in the late 1990s that resulted in the creation of our current 68 councils.

While many councils amalgamated at this time, including the District Council of Mount Gambier and the District Council of Port MacDonnell, the City of Mount Gambier was left untouched. It remains as an island city, completely surrounded by its hinterland, with two councils, two elected member bodies and two administrations to lead and service what many would consider to be a single community. This is a unique situation in South Australia.

This question was raised consistently with cabinet members at the recent country cabinet in Mount Gambier. The member for Mount Gambier has made strong representations to the government that the amalgamation of these two councils should be actively considered. While the government agrees that this is an idea that should be taken seriously and properly investigated, our strong view is that the people who would be most affected by an amalgamation should have a say as to whether or not an investigation into it should take place. That is why we propose these plebiscites.

To be clear, these plebiscites are not triggers for a proposal to be put to the boundaries commission. They will inform the government's decision on whether or not this should occur. If there is a positive response from the community in the plebiscites, the government's next step will be to refer the proposals to the South Australian local government boundaries reform commission, which will then use the process laid out in the Local Government Act 1999 to independently and thoroughly explore the proposal.

On receipt of a proposal, the commission makes an assessment as to whether an inquiry should be undertaken to consider the merits of the proposal. In making this assessment, the commission considers the proposal in the context of the objectives of the Local Government Act 1999; the roles, functions and objectives of councils under the Local Government Act; and the principles laid out in section 26 of that act that outline what is expected of the services, capacity, representation and functioning of councils.

The inquiry itself is undertaken in accordance with the act and the commission's own guidelines, and comprises an investigation into the significance and impact of the proposal. This includes a full analysis of the proposal on the affected councils and their communities. It also involves significant community engagement.

At the end of its inquiry, the commission will report to me, as the Minister for Local Government, with any recommendations for boundary changes that, in the commission's view, are in the best interests of these communities. This report will be made public at that time and I will seek the views of the member for Flinders at that particular time. In addition to this process under the act, it is also considered appropriate that the South Australian Productivity Commission inquire into the economic benefits or costs of amalgamating the two councils to further inform the commission's inquiry.

All voters for South Australian councils will have their ballot papers posted to them in October, and the voters in these two councils will have an additional vote to cast to indicate their views on this proposal. The state government will then carefully analyse and consider what the community has said through the plebiscites before a decision is made about whether or not to take the next step of referring the matter to the commission.

The government encourage the people of the District Council of Grant and the City of Mount Gambier to participate in these plebiscites, which have the potential to help resolve a question that has been asked and speculated on for many years in the South-East of our state.

I commend the bill to the Council and seek leave to have the explanation of clauses inserted in Hansard without my reading it.

Explanation of Clauses

1—Short title

The short title is the Plebiscite (South East Council Amalgamation) Act 2022.

2—Plebiscites

Provision is made for a proposition to be submitted to electors at plebiscites in accordance with the section as to whether they support the examination of an amalgamation of the District Council of Grant and the City of Mount Gambier to form a single council.

The Local Government (Elections) Act 1999 (including regulations made under that Act) is applied to the plebiscites as if they were polls held under that Act, subject to exclusions and modifications under Schedule 1 (and any exclusions and modifications under regulations).

Certain dates are fixed for the purposes of the plebiscites.

3—Regulations

Provision is made for the Governor to make regulations.

Schedule 1—Exclusions and modifications of Local Government (Elections) Act 1999 and Local Government (Elections) Regulations 2010

The exclusions and modifications of the Local Government (Elections) Act 1999 and the Local Government (Elections) Regulations 2010 are specified for the purposes of the plebiscites.

Debate adjourned on motion of Hon. L.A. Curran.