the appropriate number of councillors for Adelaide Hills Council;
whether Council has wards or no wards;
if wards, the appropriate ward boundary size, name and number of Council wards;
the appropriate number of councillors per ward; and
whether the Mayor continues to be elected by the community or appointed from within the elected members.
What is an Elector Representation Review?
An Elector Representation Review is a process every council undertake at least once every eight years to determine if the composition of the Council's elected body best meets the needs of the community.
Council’s review examines the following key representation issues:
How is a Representation Review conducted?
Representation Options Paper
The review is commenced with the preparation of a "Representation Options Paper" by a person who, in the opinion of Council, is qualified to address the representation and governance issues that may arise during the course of the review.
The "Representation Options Paper" must examine the advantages and disadvantages of the options available in respect to a range of issues relating to the composition and structure of Council. The provisions of the Act specifically require Council to examine issues such as the need for more than twelve elected members and whether the division of the council area into wards should be retained or abolished.
First Public Consultation
Council is currently advising the community that the review is being resumed and that the updated "Representation Options Paper" is available for consideration. An invitation is being extended to any interested person to make a submission to Council by close of business on Friday 14 July 2017.
Section 12(7)(a)(ii) of the Act specifies that the consultation period shall be at least six (6) weeks in duration.
It should be noted that all submissions previously received from the community in respect to the previous Representation Options Paper (dated August 2016) remain valid and will be considered by Council during any future deliberations. This being the case, any person who has previously made a submission is not required to provide another submission unless they wish to do so.
Representation Review Report
At the completion of the first of the prescribed public consultation stages Council will consider the available options in respect to its future composition and structure, as well as the submissions received from the community, and will make “in principle” decisions regarding the elector representation arrangements it favours and desires to be effected at the next Local Government elections. Council will then prepare a "Representation Review Report" which will outline its proposal and the reasons for such, as well as provide details of the submissions that were received during the first public consultation period and its responses thereto.
Second Public Consultation
Council will initiate a second public consultation (by means of public notices) seeking written comments on the "Representation Review Report" and the preferred proposal.
Section 12(9)(b)(ii) of the Act specifies that the second consultation period shall be at least three (3) weeks in duration.
Council will consider the submissions received in response to the second public consultation; hear from the individual community members who may wish to address Council in support of their submission; finalise its decision; and prepare a report for presentation to the Electoral Commissioner.
The final stage of the review involves certification of the Council proposal by the Electoral Commissioner and gazettal of any amendments to Council's composition and/or ward structure.
Any changes to Council’s composition and/or ward structure as a consequence of the review will come into effect at the next Local Government election (scheduled for November 2018).
Why is Adelaide Hills Council required to undertake the Representation Review again ?
The Adelaide Hills Council undertook an elector representation review during the period June 2016 - April 2017. At the conclusion of the Review, Council sent a final Report to the Electoral Commissioner setting out details of the preferred representation arrangements and the steps undertaken in accordance with the legislated process for Representation Reviews.
In reviewing the Report, the Electoral Commissioner determined that the requirements of Section 12 of the Local Government Act 1999 had not been satisfied, specifically in relation to Council’s interpretation of the parties that were eligible to make a submission during the public consultation stages. On the basis of this determination, the Commissioner did not certify Council’s final review report.
To ensure that no interested person was denied the opportunity to provide a submission, Council has resolved to resume the review and initiate further consultation with the community, commencing with the presentation of an updated Representation Options Paper.
The Review process has now progressed to the adoption of a Representation Review Report for public consultation.