On 29 January 2014 the Local Government Advisory Board commenced
a formal inquiry into all of the proposals received in relation to
the State Government's model for new local government
boundaries in metropolitan Perth. The inquiry process will now
enable anyone to lodge a submission to the Board about any of the
Where more than two districts are being abolished
At least one of those proposals suggest the abolition of two or
more Local Government Districts. If the Local Government Advisory
Board accepts that proposal and recommends it to the Minister,
electors in Local Government Districts affected by that proposal
will have one month from the date of being notified of the
recommendation to make a request for a poll under clause 8 of
Schedule 2.1 of the Local Government Act 1995. (Clause 8 is
provided below for your information).
Only recommendations which propose the abolition of 2 or more
Local Government Districts are subject to the clause 8 requirement
for the Minister to order a poll if at least 250 and more than 10%
of the electors of one of the Districts ask for the poll in
accordance with the regulations.
"8. Electors may demand poll on a recommended
Where the Advisory Board recommends to the Minister the
making of an order to abolish 2 or more districts (the districts)
and amalgamate them into one or more districts, the Board is to
give notice to affected local governments, affected electors and
the other electors of districts directly affected by the
recommendation about the recommendation.
The notice to affected electors has to notify them of their
right to request a poll about the recommendation under subclause
If, within one month after the notice is given, the
Minister receives a request made in accordance with regulations and
signed by at least 250, or at least 10%, of the electors of one of
the districts asking for the recommendation to be put to a poll of
electors of that district, the Minister is to require that the
Board's recommendation be put to a poll accordingly.
This clause does not limit the Minister's power under
clause 7 to require a recommendation to be put to a poll in any
case." Clause 8 of Schedule 2.1 of the Local Government Act
The appropriate form of the request is Form 2 in the Local
Government (Constitution) Regulations 1998.
Where only one district is being abolished
A number of the proposals suggest the abolition of only one
Local Government district. If the Local Government Advisory Board
accepts that proposal and recommends it to the Minister, electors
in Local Government Districts affected by that proposal do
not have the right under the Local Government Act 1995 to
demand a poll but they can still request a poll under clause 7 of
Schedule 2.1 of the Local Government Act 1995.
" Minister may require a poll of
In order to assist in deciding whether or not to
accept a recommendation of the Advisory Board made under clause 6,
the Minister may require that the Board's recommendation be put
to a poll of the electors of districts directly affected by the
recommendation." Clause 7 of Schedule 2.1 of the Local
Government Act 1995
As there is no statutory requirement in clause 7 of Schedule 2.1
for the Minister to wait one month prior to making a decision on
the Local Government Advisory Board's recommendation (as there
is clause 8 of Schedule 2.1) we recommend that any electors of
affected Local Government districts which would be abolished if the
proposal was recommended to the Minister, who wish to request a
poll, do so prior to the closing of submissions for the Local
Government Advisory Board Inquiry which relates to their Local
There is no form contained in the regulations but we suggest a
Form 2 in the Local Government (Constitution) Regulations 1998
which has been amended to suit the circumstances would be
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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